House File 2291 - Introduced
HOUSE FILE
BY FALLON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to state land management and planning and local
2 land management and planning for certain counties and cities
3 and providing effective dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6332HH 81
6 sc/sh/8
PAG LIN
1 1 DIVISION I
1 2 STATE LAND MANAGEMENT AND PLANNING
1 3 Section 1. NEW SECTION. 6C.1 TITLE.
1 4 This chapter shall be known and may be cited as the "Land
1 5 Management Planning Act".
1 6 Sec. 2. NEW SECTION. 6C.2 LAND DEVELOPMENT AND USE ==
1 7 STATE POLICY ESTABLISHED.
1 8 It is the policy of this state to provide for the sound and
1 9 orderly development and use of land and to provide for the
1 10 protection and preservation of the private and public interest
1 11 in the land, water, and related resources of this state for
1 12 the public health, safety, morals, and general welfare of
1 13 present and future generations. It is further the policy of
1 14 this state to preserve the use of prime agricultural land for
1 15 agricultural production and to preserve natural, cultural, and
1 16 historical areas while striking a balance between legitimate
1 17 public purposes and private property rights.
1 18 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS.
1 19 1. "Agricultural land" means agricultural land as defined
1 20 in section 9H.1.
1 21 2. "Board" means the land management planning board
1 22 established in section 6C.4.
1 23 3. "Department" means the department of economic
1 24 development.
1 25 4. "Public agency" means an agency as defined in section
1 26 17A.2, a county, a city, or other political subdivision,
1 27 including but not limited to a principal department as
1 28 provided in section 7E.5, a school corporation organized under
1 29 chapter 273 or 274, a community college as provided in chapter
1 30 260C, or a township as provided in chapter 359.
1 31 5. "Strategic development plan" means a plan adopted by a
1 32 county and the cities within the county and approved by the
1 33 land management planning board as provided in chapter 366.
1 34 Sec. 4. NEW SECTION. 6C.4 LAND MANAGEMENT PLANNING
1 35 BOARD.
2 1 1. A land management planning board is established as the
2 2 state's principal agency overseeing land management planning
2 3 by cities and counties. The board shall oversee the
2 4 administration of this chapter, and chapters 366 and 368,
2 5 monitor the effectiveness of public agencies in carrying out
2 6 the policy of this state as established in section 6C.2, and
2 7 study methods to successfully implement the policy.
2 8 2. The board shall be composed of the following members:
2 9 a. One member appointed from a city with a population of
2 10 more than forty=five thousand, according to the most recent
2 11 certified federal census.
2 12 b. One member appointed from a city with a population of
2 13 forty=five thousand or less, according to the most recent
2 14 certified federal census.
2 15 c. One member appointed from a county with a population of
2 16 more than fifty thousand, according to the most recent
2 17 certified federal census.
2 18 d. One member appointed from a county with a population of
2 19 fifty thousand or less, according to the most recent certified
2 20 federal census.
2 21 e. One member appointed to represent the general public.
2 22 3. The members shall be appointed by the governor subject
2 23 to confirmation by the senate as provided in section 2.32.
2 24 The appointments shall be for six=year staggered terms
2 25 beginning and ending as provided in section 69.19, or for an
2 26 unexpired term if a vacancy occurs. No member shall serve
2 27 more than two complete six=year terms.
2 28 4. The board shall elect a chairperson each year.
2 29 5. Members of the board, other than a state officer or
2 30 employee, are entitled to receive a per diem as specified in
2 31 section 7E.6 for each day spent in performance of duties as
2 32 members, and shall be reimbursed for all actual and necessary
2 33 expenses incurred in the performance of duties as members.
2 34 6. The department shall provide office space and staff
2 35 assistance, and shall budget funds to cover expenses of the
3 1 board and of committees established pursuant to chapter 368.
3 2 The office of attorney general shall provide legal counsel to
3 3 the board.
3 4 Sec. 5. NEW SECTION. 6C.5 POWERS AND DUTIES OF THE
3 5 BOARD.
3 6 1. The board shall do all of the following:
3 7 a. Review strategic development plans submitted for
3 8 dispute resolution pursuant to section 366.6.
3 9 b. Review and approve plans submitted for final approval
3 10 pursuant to section 366.7.
3 11 c. Fulfill duties relating to city development as provided
3 12 in chapter 368.
3 13 d. Establish policies for administration of the land
3 14 management planning fund created in section 6C.6.
3 15 e. Establish minimum qualifications for mediators,
3 16 establish procedures for qualifying and appointing persons
3 17 representative of the public to be available to serve as
3 18 mediators, maintain a list of qualified mediators, and
3 19 establish compensation rates for mediators.
3 20 f. Adopt rules pursuant to chapter 17A necessary to
3 21 administer its duties under this chapter and chapters 366 and
3 22 368. The rules may include establishing filing fees for
3 23 applications and petitions submitted to the board pursuant to
3 24 chapter 368.
3 25 2. The board may adopt forms to be completed and submitted
3 26 by cities and counties as necessary for the efficient
3 27 administration of this chapter and chapters 366 and 368.
3 28 Sec. 6. NEW SECTION. 6C.6 LAND MANAGEMENT PLANNING FUND.
3 29 1. A land management planning fund is created within the
3 30 state treasury under the control of the department. Moneys in
3 31 the fund shall be used to pay for the costs of administration
3 32 of this chapter and chapters 366 and 368 by the department.
3 33 2. The fund shall consist of all of the following:
3 34 a. Moneys appropriated by the general assembly.
3 35 b. Moneys available to and obtained or accepted by the
4 1 department from the federal government or private sources for
4 2 deposit in the fund.
4 3 c. Filing fees paid for applications and petitions
4 4 submitted to the board pursuant to chapter 368.
4 5 DIVISION II
4 6 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING
4 7 Sec. 7. NEW SECTION. 366.1 DEFINITIONS.
4 8 1. "Agricultural land" means agricultural land as defined
4 9 in section 9H.1.
4 10 2. "Board" means the land management planning board
4 11 established in section 6C.4.
4 12 3. "Department" means the department of economic
4 13 development.
4 14 Sec. 8. NEW SECTION. 366.2 LOCAL STRATEGIC DEVELOPMENT
4 15 COMMITTEE.
4 16 1. Each metropolitan statistical area county, as
4 17 designated by the United States census bureau, and the cities
4 18 within the county, shall comply with the provisions of this
4 19 chapter. A county that is not designated a metropolitan
4 20 statistical area county and cities within such a county may
4 21 comply with the provisions of this chapter.
4 22 2. A local strategic development committee is created
4 23 within each county required to comply with this chapter or
4 24 that chooses to comply with this chapter. Members shall be
4 25 appointed to the committee on or before September 1, 2006.
4 26 The strategic development committee shall be composed of the
4 27 following members:
4 28 a. Three members appointed by the county board of
4 29 supervisors. Two of the three members must be residents of
4 30 the unincorporated area of the county.
4 31 b. One member appointed by the city council of each city
4 32 located in the county.
4 33 c. One member appointed by the mayor of each of the two
4 34 cities with the highest population located in the county.
4 35 d. An additional member shall be appointed by the mayor of
5 1 each participating city for every fifty thousand residents in
5 2 the city.
5 3 3. A city shall be represented on a committee if any part
5 4 of the city is located in the county.
5 5 4. Two or more contiguous counties required to create a
5 6 strategic development plan may organize as one combined
5 7 strategic development committee. Each county's membership on
5 8 a combined committee shall be appointed as provided in
5 9 subsection 2, paragraphs "a" through "d".
5 10 5. The committee shall hold an organizational meeting no
5 11 later than ten days after appointment of members. The
5 12 organizational meeting shall be convened by the chairperson of
5 13 the county board of supervisors.
5 14 Sec. 9. NEW SECTION. 366.3 STRATEGIC DEVELOPMENT PLAN ==
5 15 GOALS AND OBJECTIVES.
5 16 1. The local strategic development committee shall create
5 17 and recommend a strategic development plan for the county.
5 18 2. The purpose of a strategic development plan is to
5 19 direct coordinated, efficient, and orderly development that
5 20 will, based on an analysis of present and future needs, best
5 21 promote the public health, safety, morals, and general
5 22 welfare. The goals and objectives of a strategic development
5 23 plan include the following:
5 24 a. Encouraging a pattern of compact development in
5 25 strategic development areas.
5 26 b. Promoting redevelopment of existing urban areas.
5 27 c. Promoting employment opportunities and the economic
5 28 health of the county and all cities in the county.
5 29 d. Providing for a variety of housing choices within
5 30 strategic development areas and assuring affordable housing
5 31 for future population growth.
5 32 e. Identifying and conserving natural resource areas,
5 33 environmentally sensitive land, and features of significant
5 34 local, statewide, or regional architectural, cultural,
5 35 historical, or archaeological interest.
6 1 f. Preserving land identified by the strategic development
6 2 committee as prime agricultural land for use in agricultural
6 3 production.
6 4 g. Balancing the need for land management regulations with
6 5 the protection of private property rights.
6 6 h. Ensuring the efficient use of infrastructure and that
6 7 adequate municipal services are provided concurrently with
6 8 development.
6 9 i. Taking into consideration such other matters that are
6 10 related to the coordinated, efficient, and orderly development
6 11 of the county and all cities in the county.
6 12 Sec. 10. NEW SECTION. 366.4 STRATEGIC DEVELOPMENT PLAN
6 13 == REQUIREMENTS.
6 14 1. A strategic development plan shall divide the county
6 15 into strategic development areas where future development
6 16 would be allowed and strategic preservation areas where
6 17 development would not be allowed. A strategic development
6 18 plan shall address transportation, public infrastructure,
6 19 municipal services, economic development, housing, recreation,
6 20 natural resources, and land use. A strategic development plan
6 21 may address hazard mitigation, energy systems, cultural
6 22 preservation, and other elements appropriate to the area
6 23 governed by the plan.
6 24 2. The committee shall conduct a review of existing
6 25 comprehensive plans governing the county, if applicable, and
6 26 governing each city located in the county, if applicable.
6 27 3. Before the committee drafts a strategic development
6 28 plan, the committee shall hold a public hearing in order to
6 29 obtain citizen input on preparation of the strategic
6 30 development plan. The hearing shall be held no later than
6 31 thirty days after the committee's organizational meeting. The
6 32 county auditor shall publish notice of the time, date, place,
6 33 and purpose of the public hearing in a newspaper of general
6 34 circulation in the county. The notice must be published not
6 35 less than ten days but no more than twenty days before the
7 1 hearing. The notice shall include a description of the
7 2 general duties of the strategic development committee and the
7 3 cities and counties represented on the strategic development
7 4 committee.
7 5 4. A strategic development plan shall include documents
7 6 describing and depicting the corporate limits of each city in
7 7 the county and the boundaries of each strategic development
7 8 area and each strategic preservation area.
7 9 5. a. In establishing a strategic development area, the
7 10 plan shall do all of the following:
7 11 (1) Identify territory that a reasonable and prudent
7 12 person would project as the likely site of commercial,
7 13 industrial, or residential growth over the next twenty years
7 14 based on historical experience, economic trends, population
7 15 growth patterns, topographical characteristics, and any
7 16 professional planning, engineering, and economic studies that
7 17 are available. The city shall report population growth
7 18 projections for the city based upon federal census data.
7 19 (2) Identify agricultural land which has a corn
7 20 suitability rating of sixty or higher, according to
7 21 information released by Iowa state university to the
7 22 department of revenue for assessment and taxation of
7 23 agricultural land. Agricultural land with a corn suitability
7 24 rating of sixty or higher shall not be included in a strategic
7 25 development area unless the local strategic development
7 26 committee makes a showing that the land is necessary for the
7 27 orderly development of the strategic development area.
7 28 b. In establishing a strategic preservation area, the plan
7 29 shall identify territory to be preserved for the next twenty
7 30 years for agricultural purposes, forests, recreational areas,
7 31 wildlife management areas, cultural areas, historical areas,
7 32 or other areas planned for preservation.
7 33 6. When designating that part of a strategic development
7 34 area contiguous to a city, the committee shall identify, and
7 35 give consideration to, the amount of territory within the
8 1 current incorporated boundaries of the city that is vacant or
8 2 undeveloped land.
8 3 7. The committee shall utilize planning resources that are
8 4 available within the county, including city and county
8 5 planning commissions, zoning administrators, and a council of
8 6 governments established pursuant to chapter 28H. The
8 7 committee is also encouraged to utilize the services of a
8 8 joint planning commission established pursuant to chapter 28I
8 9 and colleges and universities in the state.
8 10 Sec. 11. NEW SECTION. 366.5 LOCAL GOVERNMENT
8 11 RATIFICATION OF STRATEGIC DEVELOPMENT PLAN.
8 12 1. Before the committee submits the plan recommended for
8 13 ratification, the committee shall hold at least one public
8 14 hearing on the proposed recommended strategic development
8 15 plan. The county auditor shall publish notice of the time,
8 16 place, and purpose of the public hearing in a newspaper of
8 17 general circulation in the county. The notice must be
8 18 published at least ten days but no more than twenty days
8 19 before the hearing.
8 20 2. Not later than January 1, 2008, the committee shall
8 21 submit the recommended strategic development plan to the
8 22 county board of supervisors and the city council of each city
8 23 in the county.
8 24 a. Not later than sixty days after receiving the
8 25 recommended strategic development plan, the county board of
8 26 supervisors and each city council shall by resolution either
8 27 ratify or reject the recommended strategic development plan.
8 28 A city or county that fails to timely act on the resolution
8 29 shall be deemed to have ratified the recommended strategic
8 30 development plan on the last day of the sixty=day period. If
8 31 the strategic development plan is ratified, the committee
8 32 shall submit the plan to the land management planning board
8 33 for approval.
8 34 b. If the county board of supervisors or a city council
8 35 rejects the recommended strategic development plan submitted
9 1 by the committee, the county or city shall submit its
9 2 objections to the plan along with the notice of rejection.
9 3 After receiving objections to the plan, the committee may
9 4 recommend a revised strategic development plan no later than
9 5 sixty days after the recommended plan is rejected or may
9 6 resubmit the original plan. Before the committee submits the
9 7 revised plan recommended for ratification, the committee shall
9 8 hold at least one public hearing on the revised plan in the
9 9 manner provided in subsection 1. The committee shall submit
9 10 any revised strategic development plan, or resubmit the
9 11 original plan, to the county board of supervisors and the city
9 12 council of each city in the county for ratification.
9 13 Not later than sixty days after receiving a revised
9 14 strategic development plan or resubmitted original plan, the
9 15 county board of supervisors and each city council shall either
9 16 ratify or reject the plan in the same manner as provided in
9 17 paragraph "a". A city or county that fails to timely act on a
9 18 resolution shall be deemed to have ratified the plan on the
9 19 last day of the sixty=day period.
9 20 If the resubmitted original plan or the revised plan is
9 21 rejected, the county or city rejecting the plan shall submit
9 22 its objections, and the reasons for its objections, to
9 23 mediation in accordance with section 366.6.
9 24 Sec. 12. NEW SECTION. 366.6 MEDIATION OF DISPUTED
9 25 ISSUES.
9 26 1. If the county board of supervisors or a city council
9 27 rejects the resubmitted original plan or the revised plan, the
9 28 local strategic development committee shall declare the
9 29 existence of an impasse and shall notify the board.
9 30 2. Within ten days of receiving notice of the existence of
9 31 an impasse, the board shall appoint a mediator from the list
9 32 of mediators maintained pursuant to section 6C.5. The board
9 33 shall not appoint a person as a mediator if the immediate
9 34 family of the person or such person's spouse is a resident,
9 35 property owner, official, or employee of the county or of any
10 1 city in the county.
10 2 3. The mediator shall attempt to mediate the unresolved
10 3 disputes. If, after reasonable efforts, mediation does not
10 4 resolve such disputes, the mediator shall so notify the board.
10 5 The mediation process must be concluded within thirty days.
10 6 The county board of supervisors and the cities may submit
10 7 final recommendations regarding the impasse to the board. For
10 8 the sole purpose of resolving the impasse, the board shall
10 9 adopt a strategic development plan that resolves those issues
10 10 in dispute. The strategic development plan adopted by the
10 11 board shall conform to the provisions of this chapter.
10 12 4. In mediating the dispute, the mediator may consult with
10 13 the university of Iowa, Iowa state university of science and
10 14 technology, the university of northern Iowa, or others with
10 15 expertise in urban planning, growth, and development.
10 16 5. The board shall certify the reasonable and necessary
10 17 costs incurred by the mediator, including, but not limited to,
10 18 salaries, supplies, travel expenses, and staff support for the
10 19 mediator. The county and the cities shall reimburse the board
10 20 for such costs. The costs shall be divided equally, without
10 21 regard to population, among the county and the cities in the
10 22 county.
10 23 6. If a county or city fails to reimburse its allocated
10 24 share of mediation costs to the board after sixty days' notice
10 25 of such costs, the department of revenue shall be notified and
10 26 shall deduct such costs from such county's or city's
10 27 reimbursement payment authorized in section 425.1. The amount
10 28 deducted shall be forwarded to the board until the allocated
10 29 share of mediation costs is reimbursed in full.
10 30 Sec. 13. NEW SECTION. 366.7 PLAN SUBMITTED TO BOARD FOR
10 31 FINAL APPROVAL.
10 32 A strategic development plan ratified pursuant to section
10 33 366.5 or a plan that has been agreed to by mediation pursuant
10 34 to section 366.6 or a plan adopted by the board pursuant to
10 35 section 366.6 shall be submitted to the board for approval
11 1 within ten days of ratification or approval of the plan. If
11 2 the board determines that a plan conforms with the
11 3 requirements of section 366.4, the board shall approve the
11 4 plan. If the board determines that a plan does not so
11 5 conform, the board shall return the plan, along with a
11 6 statement specifying the deficiencies, to the local strategic
11 7 development committee. The committee shall promptly adopt
11 8 such amendments to the plan necessary to correct the
11 9 deficiencies and shall return the amended plan to the board.
11 10 The board shall have approved all plans by January 1, 2009.
11 11 Sec. 14. NEW SECTION. 366.8 RECORDING OF STRATEGIC
11 12 DEVELOPMENT PLAN.
11 13 After the board has approved a strategic development plan,
11 14 the board shall retain a copy of the plan on file and shall
11 15 forward a copy to the county auditor who shall record the plan
11 16 in the office of county recorder no later than five days after
11 17 receiving the plan from the board.
11 18 Sec. 15. NEW SECTION. 366.9 DURATION OF PLANS == REVIEW
11 19 AND AMENDMENT.
11 20 After a strategic development plan has been recorded with
11 21 the county recorder, the plan shall remain in effect for not
11 22 less than five years absent a showing of extraordinary
11 23 circumstances necessitating a change in the plan. After
11 24 expiration of the five=year period, the county or a city in
11 25 the county may propose an amendment to the strategic
11 26 development plan or may propose a review of the plan by filing
11 27 notice with the county board of supervisors for the county and
11 28 the city council of each city in the county. Upon receipt of
11 29 such notice by the county and each city, the county board of
11 30 supervisors shall promptly reconvene the local strategic
11 31 development committee. The burden of proving the
11 32 reasonableness of a proposed amendment to the plan shall be
11 33 upon the party proposing the amendment. The procedures for
11 34 amending the strategic development plan shall be the same as
11 35 the procedures set forth in this chapter for creating the
12 1 original strategic development plan.
12 2 Sec. 16. NEW SECTION. 366.10 JUDICIAL REVIEW.
12 3 1. The county, a city in the county, a resident of the
12 4 county, or an owner of real property located in the county may
12 5 seek judicial review of a decision of the board relating to
12 6 the strategic development plan presented to the board for its
12 7 approval. The judicial review provisions of this section and
12 8 chapter 17A shall be the exclusive means by which a person or
12 9 party who is aggrieved or adversely affected by action of the
12 10 board may seek judicial review of the action of the board.
12 11 2. A petition for judicial review must be filed within
12 12 sixty days after the strategic development plan is recorded
12 13 with the county recorder. In accordance with the Iowa rules
12 14 of civil procedure pertaining to service of process, copies of
12 15 the petition shall be served upon the board.
12 16 3. The court's review is limited to questions relating to
12 17 jurisdiction, regularity of proceedings, and whether the
12 18 action of the board is, by a preponderance of the evidence,
12 19 arbitrary, unreasonable, or without substantial supporting
12 20 evidence. The court may nullify an action of the board and
12 21 return the plan with appropriate directions to the board.
12 22 4. The filing of a petition for judicial review does not
12 23 stay the effectiveness of the strategic development plan or
12 24 recognition of strategic development areas and strategic
12 25 preservation areas identified in the plan. However, the court
12 26 may order a stay upon appropriate terms if it is shown to the
12 27 satisfaction of the court that any party or the public at
12 28 large is likely to suffer significant injury if a stay is not
12 29 granted. If more than one petition for judicial review
12 30 regarding a single board action is filed, all such petitions
12 31 shall be consolidated and tried as a single civil action.
12 32 5. The following portions of section 17A.19 are not
12 33 applicable to this chapter:
12 34 a. The portion of subsection 2 relating to where
12 35 proceedings for judicial review shall be instituted. Such
13 1 proceedings shall be instituted in the district court where
13 2 the real property governed by the strategic development plan
13 3 is located.
13 4 b. Subsection 5.
13 5 c. Subsection 8.
13 6 d. Subsections 10 through 12.
13 7 Sec. 17. NEW SECTION. 366.11 LOCAL IMPLEMENTATION.
13 8 1. A city or county governed by a strategic development
13 9 plan shall not adopt ordinances regulating land development
13 10 and management within its territory that are inconsistent with
13 11 the strategic development plan governing the territory.
13 12 2. A county that has approved a strategic development plan
13 13 pursuant to this chapter, and any city in such county, shall
13 14 use the strategic development plan as the basis for the
13 15 comprehensive plan required pursuant to section 335.5 or 414.3
13 16 if the county or city has adopted a zoning ordinance. The
13 17 county and each city shall amend its comprehensive plan to
13 18 conform to the strategic development plan. After a strategic
13 19 development plan is approved, all land use decisions made by
13 20 the governing body of each city and county and the city's or
13 21 county's planning commission shall be consistent with the
13 22 strategic development plan.
13 23 3. A city or county is under no obligation to provide
13 24 municipal services for development that does not conform to
13 25 the applicable strategic development plan.
13 26 Sec. 18. NEW SECTION. 366.12 COUNTY AND CITY ZONING
13 27 DISCRETIONARY.
13 28 This chapter shall not be construed as imposing a
13 29 requirement on a county or city to adopt a zoning ordinance
13 30 pursuant to chapter 335 or 414.
13 31 Sec. 19. NEW SECTION. 366.13 STATE AGENCIES.
13 32 State agencies are encouraged to consider the strategic
13 33 development plan governing a locality when carrying out
13 34 projects relating to, or affecting, land use in the locality.
13 35 If action taken by a state agency in carrying out a project
14 1 relating to, or affecting, land use in a locality is not
14 2 consistent with the strategic development plan for the
14 3 locality, the reasons for the action must be explained in
14 4 writing by the state agency and made a part of the project
14 5 plans or specifications.
14 6 Sec. 20. NEW SECTION. 366.14 INCENTIVES FOR COMPLIANCE
14 7 WITH CHAPTER == REQUIREMENT OF DEPARTMENT OF ECONOMIC
14 8 DEVELOPMENT.
14 9 A county and cities within the county that are required to
14 10 comply with this chapter and that have not had a strategic
14 11 development plan approved by the board by January 1, 2009,
14 12 shall not be eligible to receive funds for projects under
14 13 programs identified by the department of economic development
14 14 and shall not be allowed to utilize statutory economic
14 15 development incentives that are available to local
14 16 governments.
14 17 The department of economic development shall prepare a list
14 18 of economic development incentives and programs currently
14 19 available to local governments and shall transmit such list to
14 20 the general assembly on or before January 1, 2007.
14 21 Sec. 21. NEW SECTION. 414.32 REGULATORY INCENTIVES.
14 22 Cities may provide regulatory incentives, including
14 23 expedited permitting and waiver of permit fees, for new
14 24 development, expansion of existing development, and
14 25 redevelopment within all or part of the incorporated
14 26 boundaries of the city in areas containing undeveloped or
14 27 underdeveloped land or buildings that are substandard,
14 28 dilapidated, vacant, abandoned, or functionally obsolete.
14 29 DIVISION III
14 30 CITY DEVELOPMENT
14 31 Sec. 22. Section 368.1, subsection 3, Code 2005, is
14 32 amended to read as follows:
14 33 3. "Board" means the city development land management
14 34 planning board established in section 368.9 6C.4.
14 35 Sec. 23. NEW SECTION. 368.5A ANNEXATION PROHIBITED ==
15 1 STRATEGIC PRESERVATION AREAS.
15 2 Beginning January 1, 2009, for territory located in a
15 3 county governed by a strategic development plan, only
15 4 territory contained in a strategic development area may be
15 5 annexed. The city council or land management planning board
15 6 shall not approve any application or petition that seeks to
15 7 annex territory contained in a strategic preservation area.
15 8 However, a city may annex territory in a strategic
15 9 preservation area if the city intends to retain the area's
15 10 designation as a strategic preservation area and if the
15 11 annexation is a voluntary annexation applied for pursuant to
15 12 section 368.7.
15 13 Sec. 24. Section 368.4, Code 2005, is amended to read as
15 14 follows:
15 15 368.4 ANNEXING MORATORIUM.
15 16 A city, following notice and hearing, may by resolution
15 17 agree with another city or cities to refrain from annexing
15 18 specifically described territory for a period not to exceed
15 19 ten years and, following notice and hearing, may by resolution
15 20 extend the agreement for subsequent periods not to exceed ten
15 21 years each. Notice of a hearing shall be served by regular
15 22 mail at least thirty days before the hearing on the city
15 23 development land management planning board and on the board of
15 24 supervisors of the county in which the territory is located
15 25 and shall be published in an official county newspaper in each
15 26 county containing a city conducting a hearing regarding the
15 27 agreement, in an official county newspaper in any county
15 28 within two miles of any such city, and in an official
15 29 newspaper of each city conducting a hearing regarding the
15 30 agreement. The notice shall include the time and place of the
15 31 hearing, describe the territory subject to the proposed
15 32 agreement, and the general terms of the agreement. After
15 33 passage of a resolution by the cities approving the
15 34 agreements, a copy of the agreement and a copy of any
15 35 resolution extending an agreement shall be filed with the city
16 1 development land management planning board within ten days of
16 2 enactment. If such an agreement is in force, the board shall
16 3 dismiss a petition or plan which violates the terms of the
16 4 agreement.
16 5 Sec. 25. Section 368.7, subsection 1, paragraph b,
16 6 unnumbered paragraph 2, Code Supplement 2005, is amended to
16 7 read as follows:
16 8 Not later than thirty days after the consultation, the
16 9 board of supervisors of each county that contains all or a
16 10 portion of the territory to be annexed shall, by resolution,
16 11 state whether or not it supports the application or whether it
16 12 takes no position in support of or against the application.
16 13 If there is a comprehensive plan for the county, the board
16 14 shall take the plan into account when considering its
16 15 resolution. A copy of the resolution shall be immediately
16 16 filed with the annexing city and shall be considered by the
16 17 city council when taking action on the application. The city
16 18 council shall forward a copy of the resolution to the city
16 19 development land management planning board as part of the city
16 20 proceedings on the annexation. Failure of a board of
16 21 supervisors to adopt a resolution shall not delay the
16 22 proceedings on the application nor shall such failure be
16 23 considered a deficiency either in the application or in the
16 24 annexing city's proceedings.
16 25 Sec. 26. Section 368.7, subsection 1, paragraph f, Code
16 26 Supplement 2005, is amended to read as follows:
16 27 f. An annexation including territory comprising not more
16 28 than twenty percent of the land area without consent of the
16 29 property owners is not complete without approval by four=
16 30 fifths of the members of the city development land management
16 31 planning board after a hearing for all affected property
16 32 owners and the county. When considering such an annexation
16 33 application, the board may request that the annexing city
16 34 provide information on the amount of land located in the
16 35 annexing city that is currently vacant or undeveloped and
17 1 whether municipal services are being provided to current
17 2 residents of the annexing city.
17 3 Sec. 27. Section 368.7A, subsection 1, Code 2005, is
17 4 amended to read as follows:
17 5 1. The board of supervisors of each affected county shall
17 6 notify the city development land management planning board of
17 7 the existence of that portion of any secondary road which
17 8 extends to the center line but has not become part of the city
17 9 by annexation and has a common boundary with a city. The
17 10 notification shall include a legal description and a map
17 11 identifying the location of the secondary road. The city
17 12 development land management planning board shall provide
17 13 notice and an opportunity to be heard to each city in or next
17 14 to which the secondary road is located. The city development
17 15 land management planning board shall certify that the
17 16 notification is correct and declare the road, or portion of
17 17 the road extending to the center line, annexed to the city as
17 18 of the date of certification. This section is not intended to
17 19 interfere with or modify existing chapter 28E agreements on
17 20 jurisdictional transfer of roads, or continuing negotiations
17 21 between jurisdictions.
17 22 Sec. 28. Section 368.11, subsection 6, Code Supplement
17 23 2005, is amended to read as follows:
17 24 6. Within thirty days after receiving notice that a
17 25 petition for involuntary annexation has been filed with the
17 26 board, the board of supervisors of each county that contains
17 27 all or a portion of the territory to be annexed shall, by
17 28 resolution, state whether or not it supports the petition or
17 29 whether it takes no position in support of or against the
17 30 petition. If there is a comprehensive plan for the county,
17 31 the board shall take the plan into account when considering
17 32 its resolution. If there is a strategic development plan for
17 33 the county, the board shall take the plan into account when
17 34 considering its resolution. A copy of the resolution shall be
17 35 immediately filed with the annexing city and with the city
18 1 development land management planning board. Failure of a
18 2 board of supervisors to adopt a resolution shall not delay the
18 3 proceedings on the petition nor shall such failure be
18 4 considered a deficiency either in the petition or in the
18 5 annexing city's proceedings.
18 6 Sec. 29. Section 368.25, Code Supplement 2005, is amended
18 7 to read as follows:
18 8 368.25 FAILURE TO PROVIDE MUNICIPAL SERVICES.
18 9 Prior to expiration of the three=year period established in
18 10 section 368.11, subsection 3, paragraph "n", the annexing city
18 11 shall submit a report to the board describing the status of
18 12 the provision of municipal services identified in the plan
18 13 required in section 368.11, subsection 3, paragraph "n". If a
18 14 city fails to provide municipal services, or fails to show
18 15 substantial and continuing progress in the provision of
18 16 municipal services, to territory involuntarily annexed,
18 17 according to the plan for extending municipal services filed
18 18 pursuant to section 368.11, subsection 3, paragraph "n",
18 19 within the time period specified in that subsection, the city
18 20 development land management planning board may initiate
18 21 proceedings to sever the annexed territory from the city. The
18 22 board shall notify the city of the severance proceedings and
18 23 shall hold a public hearing on the proposed severance. The
18 24 board shall give notice of the hearing in the same manner as
18 25 notice of a public meeting in section 368.11. The board may
18 26 order severance of all or a portion of the territory and the
18 27 order to sever is not subject to approval at an election. A
18 28 city may request that the board allow up to an additional
18 29 three years to provide municipal services if good cause is
18 30 shown. As an alternative to severance of the territory, the
18 31 board may impose a moratorium on additional annexation by the
18 32 city until the city complies with its plan for extending
18 33 municipal services. For purposes of this section, "municipal
18 34 services" means services included in the plan required by
18 35 section 368.11, subsection 3, paragraph "n", for extending
19 1 municipal services.
19 2 Sec. 30. Sections 368.9 and 368.10, Code 2005, are
19 3 repealed.
19 4 DIVISION IV
19 5 CORRESPONDING AMENDMENTS
19 6 Sec. 31. Section 15.108, subsection 3, paragraph a,
19 7 subparagraph (2), Code 2005, is amended to read as follows:
19 8 (2) Provide office space and staff assistance to the city
19 9 development land management planning board as provided in
19 10 section 368.9 6C.4.
19 11 Sec. 32. Section 331.304, subsection 7, Code 2005, is
19 12 amended to read as follows:
19 13 7. The board may file a petition with the city development
19 14 land management planning board as provided in section 368.11.
19 15 Sec. 33. Section 331.321, subsection 1, paragraph t, Code
19 16 2005, is amended to read as follows:
19 17 t. Local representatives to serve with the city
19 18 development land management planning board as provided in
19 19 section 368.14.
19 20 Sec. 34. Section 384.38, subsection 2, Code 2005, is
19 21 amended to read as follows:
19 22 2. Upon petition as provided in section 384.41, subsection
19 23 1, a city may assess to private property affected by public
19 24 improvements within three miles of the city's boundaries the
19 25 cost of construction and repair of public improvements within
19 26 that area. The right=of=way of a railway company shall not be
19 27 assessed unless the company joins as a petitioner for such
19 28 improvements. In the petition the property owners shall waive
19 29 the limitation provided in section 384.62 that an assessment
19 30 shall not exceed twenty=five percent of the value of the lot.
19 31 The petition shall contain a statement that the owners agree
19 32 to pay the city an amount equal to five percent of the cost of
19 33 the improvements, to cover administrative expenses incurred by
19 34 the city. This amount may be added to the cost of the
19 35 improvements. Before the council may adopt the resolution of
20 1 necessity, the preliminary resolution, preliminary plans and
20 2 specifications, plat, schedule, and estimate of cost must be
20 3 submitted to, and receive written approval from, the board of
20 4 supervisors of any county which contains part of the property,
20 5 and the city development land management planning board
20 6 established in section 368.9 6C.4.
20 7 DIVISION V
20 8 IMPLEMENTATION AND EFFECTIVE DATES
20 9 Sec. 35. IMPLEMENTATION OF ACT. Section 25B.2, subsection
20 10 3, shall not apply to this Act.
20 11 Sec. 36. EFFECTIVE DATES.
20 12 1. Except as otherwise provided in this section, divisions
20 13 I, III, and IV, and this division of this Act, being deemed of
20 14 immediate importance, take effect upon enactment.
20 15 2. The section of division III of this Act enacting
20 16 section 368.5A takes effect January 1, 2009.
20 17 3. Division II of this Act takes effect May 1, 2006.
20 18 EXPLANATION
20 19 This bill makes changes to the law relating to state and
20 20 local land management planning and development.
20 21 The bill establishes a statewide land management planning
20 22 board, which is the current city development board with
20 23 expanded duties. The land management planning board, besides
20 24 being involved with city development and annexation, will
20 25 oversee administration of the land management planning fund.
20 26 The land management planning fund is created to help pay the
20 27 costs of administering the board's duties.
20 28 The bill requires each metropolitan statistical area county
20 29 and cities in those counties to establish a strategic
20 30 development committee by September 1, 2006, for the purpose of
20 31 creating a strategic development plan for the entire county.
20 32 Two or more contiguous counties may form one combined
20 33 strategic development committee. Prior to writing a strategic
20 34 development plan, the committee is to hold a public hearing.
20 35 The purpose of the plan is to direct coordinated, efficient,
21 1 and orderly development. A strategic development plan shall
21 2 identify areas for future development and shall identify
21 3 strategic preservation areas where development would not be
21 4 allowed. Prior to recommendation of a strategic development
21 5 plan, the committee is required to hold a public hearing on
21 6 the proposed plan. Plans are to be submitted by the committee
21 7 to the cities and county by January 1, 2008, for ratification.
21 8 If a proposed strategic development plan is not ratified by
21 9 the cities and county, the committee shall revise the plan and
21 10 submit it to the cities and county for ratification. If the
21 11 revised plan is not ratified, both the recommended plan and
21 12 the revised plan are submitted to a mediator for resolution of
21 13 the issues in dispute. The mediation process must be
21 14 concluded within 30 days. If the mediator cannot resolve the
21 15 disputed issues, the board must resolve the impasse and adopt
21 16 a plan.
21 17 A plan ratified by the cities and county must be approved
21 18 by the land management planning board. All plans must be
21 19 approved by the board by January 1, 2009. Approved plans must
21 20 be recorded with the county recorder and filed with the land
21 21 management planning board. A plan does not take effect until
21 22 it is recorded with the county recorder. A plan remains in
21 23 effect for five years. The bill provides that the strategic
21 24 development plan shall be the basis for the comprehensive
21 25 zoning plan of the cities and county. The bill encourages
21 26 state agencies to consider the strategic development plan of a
21 27 locality when carrying out a project relating to, or
21 28 affecting, land use in the locality.
21 29 The bill contains an intent section pertaining to rewards
21 30 for complying with the planning requirements and penalties for
21 31 failure to comply. The bill directs the department of
21 32 economic development to submit to the general assembly, on or
21 33 before January 1, 2007, a list of economic development
21 34 incentives and programs currently available to local
21 35 governments. The bill authorizes cities to provide regulatory
22 1 incentives, such as expedited permitting and waiver of permit
22 2 fees, for development within certain parts of the city.
22 3 The bill may include a state mandate as defined in Code
22 4 section 25B.3. The bill makes inapplicable Code section
22 5 25B.2, subsection 3, which would relieve a political
22 6 subdivision from complying with a state mandate if funding for
22 7 the cost of the state mandate is not provided or specified.
22 8 Therefore, political subdivisions are required to comply with
22 9 any state mandate included in the bill.
22 10 The sections of the bill relating to the state land
22 11 management planning board and certain sections relating to
22 12 city development take effect immediately. The division of the
22 13 bill relating to local strategic development takes effect May
22 14 1, 2006. The section of the bill relating to annexation in
22 15 strategic preservation areas takes effect January 1, 2009.
22 16 LSB 6332HH 81
22 17 sc:rj/sh/8