House Study Bill 196 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WAGNER) A BILL FOR An Act relating to the construction of subdivision improvements 1 and certain notice requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2673YC (2) 84 aw/sc

H.F. _____ Section 1. Section 354.8, Code 2011, is amended to read as 1 follows: 2 354.8 Review and approval by governing bodies. 3 1. A proposed subdivision plat lying within the 4 jurisdiction of a governing body shall be submitted to that 5 governing body for review and approval prior to recording. 6 Governing bodies shall apply reasonable standards and 7 conditions in accordance with applicable statutes and 8 ordinances for the review and approval of subdivisions. The 9 governing body, within sixty days of application for final 10 approval of the subdivision plat, shall determine whether the 11 subdivision conforms to its comprehensive plan and shall give 12 consideration to the possible burden on public improvements 13 and to a balance of interests between the proprietor, future 14 purchasers, and the public interest in the subdivision when 15 reviewing the proposed subdivision and when requiring the 16 installation of public improvements in conjunction with 17 approval of a subdivision. The governing body shall not issue 18 final approval of a subdivision plat unless the subdivision 19 plat conforms to sections 354.6 , 354.11 , and 355.8 . 20 2. If the subdivision plat and all matters related to final 21 approval of the subdivision plat conform to the standards and 22 conditions established by the governing body, and conform 23 to this chapter and chapter 355 , the governing body, by 24 resolution, shall approve the plat and certify the resolution 25 which shall be recorded with the plat. The recorder shall 26 refuse to accept a subdivision plat presented for recording 27 without a resolution from each applicable governing body 28 approving the subdivision plat or waiving the right to review. 29 3. The governing body may require a proprietor to provide a 30 bond in an amount determined by the governing body to secure 31 construction of subdivision improvements, and may condition the 32 release of the bond on the governing body’s acceptance of the 33 subdivision improvements as having been properly constructed in 34 accordance with the applicable design requirements. As used 35 -1- LSB 2673YC (2) 84 aw/sc 1/ 3

H.F. _____ in this section, the term “subdivision improvements” means any 1 fixture, structure, or other improvement to land required to be 2 constructed or installed by the proprietor as a condition of 3 the governing body’s approval of a subdivision plat. 4 4. a. For a city with a population equal to or greater 5 than fifty thousand, if the proprietor or the contractor for 6 the construction of subdivision improvements has provided 7 the name and facsimile number or electronic mail address of 8 the contractor, the city shall notify the contractor, either 9 by facsimile or electronic mail, not less than forty-eight 10 hours in advance of the date on which the city will consider 11 the acceptance of subdivision improvements constructed by the 12 contractor. 13 b. For a city with a population equal to or greater than 14 twenty-five thousand but less than fifty thousand, a proprietor 15 or the contractor for the construction of subdivision 16 improvements may request that the city notify the contractor, 17 either by facsimile or electronic mail, not less than 18 forty-eight hours in advance of the date on which the city will 19 consider the acceptance of subdivision improvements constructed 20 by the contractor. Upon the receipt of such a request to 21 notify the contractor, the city shall provide such notice. 22 c. A city’s failure to provide notice pursuant to paragraph 23 “a” or “b” shall not impose any responsibility on the city 24 for the payment of any amounts owed by a proprietor to a 25 contractor. 26 5. A city may establish jurisdiction to review subdivisions 27 or plats of survey outside its boundaries pursuant to the 28 provisions of section 354.9 . In the case of a city, the 29 provisions of this section apply to the review by the city of 30 both subdivision plats and plats of survey. 31 EXPLANATION 32 This bill relates to the construction of subdivision 33 improvements and certain notice requirements. 34 The bill permits a governing body to require that a 35 -2- LSB 2673YC (2) 84 aw/sc 2/ 3

H.F. _____ proprietor submit a bond in order to secure the construction 1 of subdivision improvements. The bill permits a governing 2 body to condition the release of such a bond upon the proper 3 construction of such improvements. A governing body is a city 4 council or a county board of supervisors. 5 The bill requires that a city with a population equal to 6 or greater than 50,000 provide 48-hour advance notice to a 7 contractor before considering the acceptance of subdivision 8 improvements constructed by the contractor, if the proprietor 9 or contractor has provided certain contact information for the 10 contractor. 11 The bill requires that a city with a population equal to 12 or greater than 25,000 but less than 50,000 provide 48-hour 13 advance notice to a contractor before considering the 14 acceptance of subdivision improvements constructed by the 15 contractor, if the proprietor or contractor has requested 16 that such notice be given and has provided certain contact 17 information for the contractor. 18 The bill provides that a city is not responsible for any 19 amounts owed by a proprietor to a contractor due to a failure 20 to provide notice under the bill. 21 -3- LSB 2673YC (2) 84 aw/sc 3/ 3