Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.2 - Contents of the Petition

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the information and documentation a
				petitioner is required to include in its petition.
(1)
General requirements.
The petition must provide all applicable information required by Iowa Code
			 section 368.11(3). The
			 petition must clearly identify the petitioner, the proposed action, and the
			 name and address of each property owner within the affected territory. Affected
			 territory shall be identified by complete legal description including, if
			 applicable, right-of-way to the center line of secondary roads. The petition
			 shall state that it does not propose any action prohibited by Iowa Code section
			 368.17. The petition shall
			 include an overview of the proposed action and briefly describe the affected
			 city or cities, the affected territory and the reasons for the proposed
			 action.
(2)
Moratorium.
The petition shall contain a statement indicating
			 whether an applicable city is a party to an existing moratorium agreement
			 entered pursuant to Iowa Code section
			 368.4 and, if so, whether the
			 proposed annexation is consistent with the terms of the agreement.
(3)
Map.
The map or maps
			 included in the petition shall clearly show all boundaries of the affected city
			 or cities and all affected territory, adjacent roadways, the relationship of
			 the affected territory to any city, and all geographic features deemed relevant
			 to the proposed action. If the petition proposes incorporation, the proposed
			 city boundary shall be shown. The board may request that the petitioner provide
			 information demonstrating the existing and anticipated use of the
			 territory.
(4)
County
			 auditor verification.
The petition shall include documentation that
			 the county auditor has verified the accuracy and completeness of the legal
			 description of all affected territory and verified current ownership of the
			 parcel(s) included. If the auditor fails to respond to the petitioner's request
			 for verification within 14 days, the petitioner may provide a copy of the
			 request and a statement indicating that no response was received.
(5)
Assessed valuations.
The
			 petition shall include the assessed valuation and classification assigned for
			 tax purposes (agricultural, residential, commercial, etc.) for each parcel of
			 platted and unplatted land within the affected territory. Documentation shall
			 be provided that the information required by this subrule has been verified in
			 writing by the applicable city or county assessor. If the assessor fails to
			 provide the requested verification within 14 days, the petitioner may provide a
			 copy of the request and a statement indicating that the verification was not
			 provided.
(6)
Population
			 density.
Population density shall be delineated for the existing city,
			 for the territory, and for the resulting city if the proposal is approved.
			 Population density shall be expressed as persons per acre if the petition
			 proposes annexation or persons per square mile if the petition proposes
			 incorporation, discontinuance, severance or consolidation.
(7)
Population growth.
If
			 the petition seeks annexation, consolidation or incorporation, the petition
			 shall include projected population growth for the city and the territory.
			 Population projections shall be for a 10- or 20-year period and may be taken
			 from an existing comprehensive plan or may be calculated based on relevant data
			 if no comprehensive plan exists.
(8)
Regulations and
			 projections.
The petition shall include a description of current and
			 proposed zoning regulations that apply to the affected territory. Projected
			 development and land use patterns shall be described as if existing land use
			 regulations will be continued and as if new applicable land use regulations
			 would be applied after annexation, if approved. Residential, commercial, and
			 industrial development projections shall be provided based on population
			 projections for the city and territory.
If the petition proposes annexation, the amount of vacant
				developable land within the existing corporate limits and within the territory,
				as well as an estimate of the amount of developable land needed to accommodate
				future growth, shall be provided.
(9)
Topography.
Topographical information shall be in map and narrative form. Maps shall
			 include any affected city and the affected territory and shall consist of
			 contour lines at ten-foot intervals as may be taken from contour maps of the
			 United States Geological Survey or any other source acceptable to the board. A
			 narrative description shall identify flood plains, drainage areas, drainage
			 ways, slopes and bluffs. In petitions proposing annexation or incorporation,
			 the narrative shall also address potential impacts of topography on development
			 of urban uses and the extension of municipal services.
(10)
Plans.
Petitions shall
			 describe plans for disposal of assets, assumption of liabilities, and provision
			 of services as applicable to the action requested in the petition.
a. Petitions for annexation, consolidation
			 and incorporation shall describe existing and proposed municipal services and
			 facilities, including but not limited to water supply, sewage disposal, police
			 and fire protection, and street and road maintenance, and the estimated cost of
			 providing proposed services.
b.
			 Petitions for annexation shall describe the capability of the existing city
			 sewage system; water system; transportation infrastructure; park and recreation
			 system; and police, fire, and public works departments to accommodate the
			 addition of territory and projected development. The petition shall also
			 include an analysis of existing bonding capacity and bonded indebtedness and
			 the assets a city may receive including property tax, increase in municipal
			 bonding capacity, state and federal shared revenues, special assessment
			 policies, revenue bonds, user fees, and federal funds where
			 applicable.
c. Petitions for
			 incorporation shall describe the capability of the proposed city to develop a
			 sewage system; water system; transportation infrastructure; park and recreation
			 system; and police, fire, and public works departments to accommodate the
			 territory proposed for incorporation and an explanation of the assets the
			 proposed city may receive, including property tax, an increase in municipal
			 bonding capacity, state and federal shared revenues, special assessment
			 policies, revenue bonds, user fees, and federal funds where
			 applicable.
d. Petitions for
			 severance and discontinuance shall describe the adequacy of sewage disposal,
			 water supply, police and fire protection, and other municipal services being
			 provided to the territory by the city. Such petitions shall also include a
			 statement of the capability and intent of the county in which the city or
			 territory is located to assume responsibility for police protection, street and
			 road maintenance and repair, and other services and an analysis of the
			 capability of the township fire district to provide fire protection.
e. Petitions for discontinuance shall include
			 an inventory of all real estate, funds, and personal property owned by the city
			 and all existing liabilities of the city, and a proposal for disposition of all
			 assets and satisfaction or assumption of all liabilities.