Senate File 2131
SENATE FILE
BY KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to approval of certain subdivision plats by a
2 city or a county.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5573XS 80
5 sc/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 354.9A APPROVAL OF SUBDIVISION
1 2 OF CERTAIN TYPES OF AGRICULTURAL LAND.
1 3 1. Approval of a subdivision plat pursuant to section
1 4 354.8 or 354.9 shall require a unanimous vote of the members
1 5 in the case of a three=member city council or board of
1 6 supervisors or a four=fifths vote in the case of a five=member
1 7 city council or board of supervisors if a majority of the land
1 8 included in the proposed subdivision plat has a corn
1 9 suitability rating that is higher than the average corn
1 10 suitability rating of agricultural land in the county where
1 11 the property is located and the majority of individual lots
1 12 within the proposed subdivision plat are to be used for
1 13 residential purposes.
1 14 2. A governing body shall not waive its right to review a
1 15 proposed subdivision plat involving the subdivision of
1 16 agricultural land with a corn suitability rating that is
1 17 higher than the average corn suitability rating of
1 18 agricultural land in the county where the property is located
1 19 and the majority of individual lots within the proposed
1 20 subdivision plat are to be used for residential purposes.
1 21 3. For purposes of this section, the corn suitability
1 22 rating shall be determined according to information released
1 23 by Iowa state university of science and technology to the
1 24 department of revenue for assessment and taxation of
1 25 agricultural land.
1 26 Sec. 2. Section 354.15, Code 2003, is amended to read as
1 27 follows:
1 28 354.15 REVIEW OF AUDITOR'S PLATS.
1 29 A proposed auditor's plat shall be filed with the
1 30 applicable governing body which shall review the plat within
1 31 the time specified by ordinance, and if it conforms to chapter
1 32 355, the governing body shall by resolution approve the plat
1 33 and certify the resolution to be recorded with the plat. If
1 34 the proposed subdivision in the auditor's plat meets the
1 35 description of a proposed subdivision plat in section 354.9A,
2 1 the approval requirements of that section shall apply. The
2 2 governing body may state in the resolution whether the lots
2 3 within the auditor's plat meet the standards and conditions
2 4 established by ordinance for subdivision lots. The lots
2 5 within a recorded auditor's plat and parcels within a recorded
2 6 plat of survey prepared under section 354.13 are individually
2 7 subject to local regulations and ordinances. Approval of an
2 8 auditor's plat shall not impose any liability on a governing
2 9 body to install or maintain public improvements or utilities
2 10 within the plat. Approval of an auditor's plat by a governing
2 11 body shall not constitute a waiver of ordinances requiring a
2 12 subdivision plat.
2 13 EXPLANATION
2 14 This bill requires a supermajority vote of a governing body
2 15 for approval of a subdivision plat if the majority of the land
2 16 subdivided is agricultural land with a corn suitability rating
2 17 that is higher than the average corn suitability rating for
2 18 agricultural land in the county where the property is located
2 19 and if a majority of the lots in the proposed subdivision plat
2 20 are to be used for residential purposes. The bill also
2 21 prohibits a governing body from waiving approval of such a
2 22 subdivision plat.
2 23 LSB 5573XS 80
2 24 sc/sh/8.1