HSB 698 (LSB 5825HC (1) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GASKILL)

A BILL FOR

An Act relating to the review and approval of proposed subdivisions by a city.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 354.9, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  For purposes of this section, “subdivision” also includes a declaration for the establishment of a horizontal property regime under chapter 499B. A declaration of a horizontal property regime that is proposed to be located within the area of review established by a city pursuant to this section shall be subject to review and approval in the same manner as a subdivision.
    Sec. 2.  Section 499B.3, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A declaration under this section for a horizontal property regime proposed to be located within an area of review established by a city under section 354.9 shall, in addition to being submitted to the county, be submitted to the city for review and approval.
EXPLANATION
   Under Code section 354.9, a city may establish jurisdiction to review subdivisions or plats of survey that are within two miles of the city’s boundaries. This bill includes a declaration for the establishment of a horizontal property regime under Code chapter 499B (condominiums) within the definition of subdivision for purposes of Code section 354.9. The bill also requires that a declaration for a horizontal property regime proposed to be located within an area of review established by a city under Code section 354.9 be submitted to the city for review and approval.