2017 Spencer Comprehensive Land Use Plan

Spencer, Iowa  2017  Comprehensive Plan

80/20 VOLUNTARY ANNEXATIONS The primary difference between a voluntary annexation and an 80/20 annexation is that a city may include up to 20 percent of the total land area to be to annexed containing land owners not wanting to annex into the community, if the remaining 80 percent voluntarily agree to the annexation. Public land may be included in 80/20 annexations regardless of written consent. 80/20 VOLUNTARY ANNEXATION PROCEDURES City Development Board, Iowa Economic Development Authority 80/20 voluntary annexation including land without the owner’s consent BOTH in and out of an urbanized area. a) A city can include up to 20% of land without consent of the owner to avoid creating islands or square up boundaries. b) City holds a consultation with the Supervisors and Township Trustees at least 14 business days prior to application. c) At least 14 business days prior to any action, the city shall by certified mail provide a copy of the application to the non- consenting property owners and each affected public utility. d) The city must hold a public hearing on the application before taking official action. e) At least 14 days prior to any action, the city shall provide notice of application and public hearing to the Supervisors, non- consenting owners, owners of property that adjoins the territory, and public utilities that serve the territory. f) The City Development Board considers the annexation proposal. If the application is accepted, a public hearing is set. g) The City Development Board holds a public hearing for the county and property owners. After hearing all evidence the Board decides whether to approve or deny the annexation. h) If the annexation is approved, the Board notifies the parties and 30 days following the notification the Board files and records documents to complete the annexation if no appeal is filed. i) If the annexation is denied the Board notifies the parties INVOLUNTARY ANNEXATIONS Involuntary Annexations are initiated by the city and opposed by landowners in the proposed annexation area. Before a city attempts such a process, they should review Chapter 368, Code of Iowa, as amended and City Development Board Administrative Rules appearing in the Iowa Administrative Code. Furthermore, contacting the City Development Board to review and provide necessary coordination and advice on proceeding with an involuntary annexation should be considered. Involuntary annexations can become a complex legal matter. a) Notice of intent b) Prior to filing a petition, a letter of intent must be sent to each city whose urbanized area contains a portion of the land, the regional planning authority, affected public utilities, property owners listed in the petition, and the Supervisors. c) Prior to filing, the city must hold a public meeting on the petition, of which a notice is to be published. d) The city files a petition with the City Development Board e) Board reviews petition for completeness and proper filing. If accepted as complete, a committee is formed. f) A committee holds a public hearing to hear evidence for and against the petition. g) The Committee holds a decision meeting to approve or deny the petition for annexation. h) The Board works with the county to set an election date. The Board publishes the election results. i) If the petition is approved at election, and no appeal is filed within 30 days of the publication of the election results, the Board files and records the documents necessary to complete the election. j) Three years following the completion of involuntary annexation, the Board reviews the status of the provision of services provided by the city to the annexed territory, and determines if further action is required. INVOLUNTARY ANNEXATION PROCEDURES City Development Board, Iowa Economic Development Authority

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NW Iowa Planning & Development