354.9 Review of plats within two miles of a city.
1. If a city, which has adopted ordinances regulating the division of land, desires to review subdivision plats or plats of survey for divisions or subdivisions outside the city’s boundaries, then the city shall establish by ordinance specifically referring to the authority of this section, the area subject to the city’s review and approval. The area of review may be identified by individual tracts, by describing the boundaries of the area, or by including all land within a certain distance of the city’s boundaries, which shall not extend more than two miles distance from the city’s boundaries. The ordinance establishing the area of review or modifying the area of review by a city, shall be recorded in the office of the recorder and filed with the county auditor.
2. If a subdivision lies in a county, which has adopted ordinances regulating the division of land, and also lies within the area of review established by a city pursuant to this section, then the subdivision plat or plat of survey for the division or subdivision shall be submitted to both the city and county for approval. The standards and conditions applied by a city or county for review and approval of the subdivision shall be the same standards and conditions used for review and approval of subdivisions within the city limits or shall be the standards and conditions for review and approval established by agreement of the city and county pursuant to chapter 28E. Either the city or county may, by resolution, waive its right to review the subdivision or waive the requirements of any of its standards or conditions for approval of subdivisions, and certify the resolution which shall be recorded with the plat.
3. If cities establish overlapping areas of review outside their boundaries, then the cities shall establish by agreement pursuant to chapter 28E reasonable standards and conditions for review of subdivisions within the overlapping area. If no agreement is recorded pursuant to chapter 28E, then the city which is closest to the boundary of the subdivision shall have authority to review the subdivision.
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.
90 Acts, ch 1236, §23
C91, §409A.9
C93, §354.9
2002 Acts, ch 1132, §3, 11; 2010 Acts, ch 1051, §1; 2013 Acts, ch 30, §79
Referred to in §354.8, 499B.3
Structure Iowa Code
Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND
Section 354.1 - Statement of purpose.
Section 354.3 - Covenant of warranty.
Section 354.4 - Divisions requiring a plat of survey or acquisition plat.
Section 354.4A - Entry upon land for survey purposes.
Section 354.5 - Descriptions and conveyance according to plat of survey or acquisition plat.
Section 354.6 - Subdivision plats.
Section 354.7 - Conveyances by reference to official plat.
Section 354.8 - Review and approval by governing bodies.
Section 354.9 - Review of plats within two miles of a city.
Section 354.10 - Appeal of review or disapproval.
Section 354.11 - Attachments to subdivision plats.
Section 354.12 - Bonds to secure liens.
Section 354.13 - Auditor’s plats and plats of survey.
Section 354.14 - Appeal of notice.
Section 354.15 - Review of auditor’s plats.
Section 354.16 - Attachments to auditor’s plats and plats of survey.
Section 354.17 - Costs and collection of costs.
Section 354.18 - Recording of plats.
Section 354.19 - Dedication of land.
Section 354.20 - Action to annul plats.
Section 354.21 - Limitation of actions on official plats.
Section 354.22 - Vacation of official plats.
Section 354.23 - Vacation of streets or other public lands.
Section 354.24 - Errors on recorded plats.
Section 354.25 - Survey and replat of official plats.
Section 354.26 - Corrections or changes to plats.
Section 354.27 - Noting the permanent real estate index number.