Senate
Study
Bill
1175
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
bond
requirements
for
the
construction
of
1
subdivision
improvements.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2718SC
(2)
84
aw/sc
S.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
34
in
accordance
with
the
applicable
design
requirements.
If
35
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_____
the
governing
body
requires
the
provision
of
such
a
bond
by
a
1
proprietor,
the
proprietor
may
provide
a
bond
directly
or
have
2
a
bond
provided
on
the
proprietor’s
behalf
by
the
contractor
3
hired
for
the
construction
of
the
subdivision
improvements.
As
4
used
in
this
section,
the
term
“subdivision
improvements”
means
5
any
fixture,
structure,
or
other
improvement
to
land
required
6
to
be
constructed
or
installed
by
the
proprietor
as
a
condition
7
of
the
governing
body’s
approval
of
a
subdivision
plat.
8
4.
A
city
may
establish
jurisdiction
to
review
subdivisions
9
or
plats
of
survey
outside
its
boundaries
pursuant
to
the
10
provisions
of
section
354.9
.
In
the
case
of
a
city,
the
11
provisions
of
this
section
apply
to
the
review
by
the
city
of
12
both
subdivision
plats
and
plats
of
survey.
13
EXPLANATION
14
This
bill
relates
to
bond
requirements
for
the
construction
15
of
subdivision
improvements.
16
The
bill
permits
a
governing
body
to
require
that
a
17
proprietor
submit
a
bond
in
order
to
secure
the
construction
of
18
subdivision
improvements.
The
bill
permits
a
city
to
condition
19
the
release
of
such
bonds
upon
the
proper
construction
of
20
such
improvements.
If
such
a
bond
is
required
by
the
city,
21
the
bill
permits
the
proprietor
to
submit
a
bond
attained
on
22
behalf
of
the
proprietor
or
on
behalf
of
the
contractor
hired
23
to
construct
such
subdivision
improvements.
24
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