HF 2476 (LSB 5361HV (2) 83)

HOUSE FILE 2476

BY  COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY

(SUCCESSOR TO HSB 592)

A BILL FOR

An Act establishing smart planning principles for state agencies, local governments, and other public entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  18B.1  Iowa smart planning principles.

   It is the intent of the general assembly that this section assist state agencies, local governments, and other public entities during consideration and development of innovative planning strategies and policies to reduce the impact of future natural disasters, promote growth, protect natural resources, and safeguard the quality of life for all Iowans. Nothing in this section shall be construed to limit the authority of a state agency, local government, or other public entity relating to planning, zoning, development, and resource management. State agencies, local governments, and other public entities may consider and apply the following principles during deliberation of all appropriate planning, zoning, development, and resource management decisions:

   1.  Collaboration.  Governmental, community, and individual stakeholders, including those outside the jurisdiction of the entity, are encouraged to be involved and provide comment during deliberation of planning, zoning, development, and resource management decisions and during implementation of such decisions. The state agency, local government, or other public entity is encouraged to develop and implement a strategy to facilitate such participation.
   2.  Efficiency, transparency, and consistency.  Planning, zoning, development, and resource management should be undertaken to provide efficient, transparent, and consistent outcomes. Individuals, communities, regions, and governmental entities should share in the responsibility to promote the equitable distribution of development benefits and costs.
   3.  Clean, renewable, and efficient energy.  Planning, zoning, development, and resource management should be undertaken to promote clean and renewable energy use and increased energy efficiency.
   4.  Occupational diversity.  Planning, zoning, development, and resource management should promote increased diversity of employment and business opportunities, promote access to education and training, expand entrepreneurial opportunities, and promote the establishment of businesses in locations near existing housing, infrastructure, and transportation.
   5.  Revitalization.  Planning, zoning, development, and resource management should facilitate the revitalization of established town centers and neighborhoods by promoting development that conserves land, protects historic resources, promotes pedestrian accessibility, and integrates different uses of property. Remediation and reuse of existing sites, structures, and infrastructure is preferred over new construction in undeveloped areas.
   6.  Housing diversity.  Planning, zoning, development, and resource management should encourage diversity in the types of available housing, support the rehabilitation of existing housing, and promote the location of housing near public transportation.
   7.  Community character.  Planning, zoning, development, and resource management should promote activities and development that are consistent with the character and architectural style of the community and should respond to local values regarding the physical character of the community.
   8.  Natural resources and agricultural protection.  

Planning, zoning, development, and resource management should emphasize protection, preservation, and restoration of environmentally sensitive land, natural resources, agricultural land, and cultural and historic landscapes, and should increase the availability of open spaces and recreational facilities.
   9.  Sustainable design.  Planning, zoning, development, and resource management should promote developments, buildings, and infrastructure that utilize sustainable design and construction standards and conserve natural resources by reducing waste and pollution through efficient use of land, energy, water, and materials.
   10.  Transportation diversity.  Planning, zoning, development, and resource management should promote expanded transportation options for residents of the community. Consideration should be given to transportation options that maximize mobility, reduce congestion, conserve fuel, and improve air quality.
    Sec. 2.  Section 28I.4, Code 2009, is amended to read as follows:
   28I.4  Powers and duties.
   1.  The commission shall have the power and duty to make comprehensive studies and plans for the development of the area it serves which will guide the unified development of the area and which will eliminate planning duplication and promote economy and efficiency in the co-ordinated coordinated development of the area and the general welfare, convenience, safety, and prosperity of its people. The plan or plans collectively shall be known as the regional or metropolitan development plan. The plans for the development of the area may include, but shall not be limited to, recommendations with respect to existing and proposed highways, bridges, airports, streets, parks and recreational areas, schools and public institutions and public utilities, public open spaces, and sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture, and forestry; water supply, sanitation, drainage, protection against floods and other disasters; areas for housing developments, slum clearance and urban renewal and redevelopment; location of private and public utilities, including but not limited to sewerage and water supply systems; and such other recommendations concerning current and impending problems as may affect the area served by the commission. Time and priority schedules and cost estimates for the accomplishment of the recommendations may also be included in the plans.  The plans may be made with consideration of the smart planning principles under section 18B.1. The plans shall be based upon and include appropriate studies of the location and extent of present and anticipated populations; social, physical, and economic resources, problems and trends; and governmental conditions and trends. The commission is also authorized to make surveys, land-use studies, and urban renewal plans, provide technical services and other planning work for the area it serves and for cities, counties, and other political subdivisions in the area. A plan or plans of the commission may be adopted, added to, and changed from time to time by a majority vote of the planning commission. The plan or plans may in whole or in part be adopted by the governing bodies of the co-operating cooperating cities and counties as the general plans of such cities and counties. The commission may also assist the governing bodies and other public authorities or agencies within the area it serves in carrying out any regional plan or plans, and assist any planning commission, board or agency of the cities and counties and political subdivisions in the preparation or effectuation of local plans and planning consistent with the program of the commission. The commission may co-operate cooperate and confer, as far as possible, with planning agencies of other states or of regional groups of states adjoining its area.
   2.  A planning commission formed under the provisions of this chapter shall, upon designation as such by the governor, serve as a district, regional, or metropolitan agency for comprehensive planning for its area for the purpose of carrying out the functions as defined for such an agency by federal, state, and local laws and regulations.
    Sec. 3.  Section 329.3, Code 2009, is amended to read as follows:
   329.3  Zoning regulations —— powers granted.

   Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed by this chapter, zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the height to which structures and trees may be erected or permitted to grow.  Regulations adopted under this chapter may be made with consideration of the smart planning principles under section 18B.1.
    Sec. 4.  Section 335.5, Code 2009, is amended to read as follows:
   335.5  Objectives.
   1.  The regulations shall be made in accordance with a comprehensive plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street or highway; to secure safety from fire, flood, panic, and other dangers; to protect health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. However, provisions of this section relating to the objectives of energy conservation and access to solar energy shall not be construed as voiding any zoning regulation existing on July 1, 1981, or to require zoning in a county that did not have zoning prior to July 1, 1981.
   2.  Such The regulations shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such county.
   3.  The regulations may be made with consideration of the smart planning principles under section 18B.1.
    Sec. 5.  Section 414.3, Code 2009, is amended to read as follows:
   414.3  Basis of regulations.
   1.  The regulations shall be made in accordance with a comprehensive plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. However, provisions of this section relating to the objectives of energy conservation and access to solar energy do not void any zoning regulation existing on July 1, 1981, or require zoning in a city that did not have zoning prior to July 1, 1981.
   2.  Such The regulations shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city.
   3.  The regulations may be made with consideration of the smart planning principles under section 18B.1.
EXPLANATION
   This bill creates new Code section 18B.1, which establishes ten smart planning principles. Under the bill, state agencies, local governments, and other public entities are authorized to consider and may apply the principles during all appropriate planning, zoning, development, and resource management decisions. The smart planning principles encourage collaboration with other groups and individuals, identify the importance of efficiency, transparency, and consistency, advise the use of clean and renewable energy, advise the use of energy-efficient and sustainable design options, encourage occupational, transportation, and housing diversity, encourage revitalization, identify the importance of community character, and encourage decisions that will protect natural and agricultural resources.