House File 2216 - Introduced
HOUSE FILE
BY EICHHORN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing a governing body to enter into an agreement for
2 land development within two miles of the boundaries of a city.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5663HH 81
5 eg/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 368A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Annexation" means as defined in section 368.1.
1 5 2. "Board" means the city development board created in
1 6 section 368.9.
1 7 3. "Developer" means an owner of unincorporated land.
1 8 4. "Governing body" means either a city council or a board
1 9 of county supervisors, or both, within whose jurisdiction the
1 10 land is located.
1 11 5. "Public infrastructure" means infrastructure necessary
1 12 for the development of new housing, including but not limited
1 13 to water supply and sewage disposal.
1 14 6. "Urbanized area" means any area of land within two
1 15 miles of the boundaries of a city.
1 16 Sec. 2. NEW SECTION. 368A.2 DEVELOPMENT AGREEMENTS.
1 17 1. Prior to voluntary or involuntary annexation of land
1 18 owned by a developer and located within an urbanized area, a
1 19 governing body and the developer may enter into an agreement
1 20 to improve the land.
1 21 2. When the governing body and the developer designate
1 22 land for development pursuant to an agreement, such parties
1 23 may apply to the city development board for purposes of
1 24 certifying the land as a preapproved development site. The
1 25 board shall develop by rule criteria for the certification
1 26 process, including an application filing fee. The board shall
1 27 hold a public hearing on the application in the manner
1 28 provided under section 368.15. After the development area is
1 29 certified, the original certification shall be fastened to the
1 30 subject agreement and filed in the office of the county
1 31 recorder of each county where the land is located.
1 32 3. An agreement shall take effect upon the successful
1 33 completion of annexation, as specified in chapter 368.20,
1 34 otherwise the agreement is null and void.
1 35 4. The agreement shall specify the duration of the
2 1 agreement, the permitted use of the land, the density or
2 2 intensity of the use, the maximum height and size of proposed
2 3 buildings, and provisions for reservation or dedication of
2 4 land for public purposes. If the agreement includes a
2 5 subdivision, the parties must comply with the requirements of
2 6 chapter 354. The duration of an agreement must be no longer
2 7 than eight years from its effective date.
2 8 5. The agreement may also include terms and conditions for
2 9 financing a public facility. The developer may finance a
2 10 public facility with subsequent reimbursement by the governing
2 11 body. The developer and the governing body may also agree
2 12 that if the developer finances a public facility and
2 13 subsequently another developer attaches to and benefits from
2 14 such public facility, the governing body may assess the
2 15 subsequent developer for a portion of the initial cost
2 16 incurred for the public facility to repay the original
2 17 developer. Under such agreement, the subsequent developer may
2 18 contest the reasonableness of the initial cost and the
2 19 percentage assessed for repayment at a hearing before the city
2 20 council.
2 21 EXPLANATION
2 22 This bill creates new Code chapter 368A allowing a
2 23 governing body, i.e., a city or a county, or both, and a
2 24 developer to enter into an agreement to improve land owned by
2 25 the developer and located within two miles of the boundaries
2 26 of a city. The agreement is made prior to annexation of the
2 27 land and does not become effective until annexation is
2 28 successfully completed.
2 29 Once an agreement is entered into, the parties may apply to
2 30 the city development board to have the land which is
2 31 designated for development certified as a preapproved
2 32 development site. The board is required to develop by rule
2 33 criteria for certification, including an application filing
2 34 fee. The developer must file the certification and agreement
2 35 with the county recorder.
3 1 The agreement shall specify the duration of the agreement,
3 2 the permitted use of the land, the density or intensity of the
3 3 use, the maximum height and size of proposed buildings, and
3 4 provisions for reservation or dedication of land for public
3 5 purposes. For subdivisions, the parties must comply with Code
3 6 chapter 354. The agreement may also provide for financing
3 7 public infrastructure. "Public infrastructure" is defined as
3 8 infrastructure necessary for the development of new housing,
3 9 including but not limited to water supply and sewage disposal.
3 10 LSB 5663HH 81
3 11 eg:rj/sh/8