Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Applicability. Petitions will be considered pursuant to this
rule when not more than 20 percent of the land area of the territory proposed
for annexation is included without the consent of the owner, pursuant to Iowa
Code section 368.7(1)
"a."
(2)
Hearing and information considered.
a. If a petition to which this rule applies
is complete and in proper form, the board will conduct a public hearing on the
petition. The board shall provide notice of the hearing to all owners of land
included in the petition, the petitioning city, the entities required by Iowa
Code section 368.7(3) to
receive notice of an application, and the state department of transportation.
Such notice shall be provided by regular mail sent at least ten days prior to
the hearing.
b. The board hearing
will be conducted informally. Representatives of the petitioning city shall be
given an opportunity to explain the proposed annexation, the city's reason for
including nonconsenting landowners, and any other information the city believes
will assist the board in acting on the petition. The county, all owners of
property within the territory proposed for annexation, the regional planning
authority, affected public utilities, and any other person affected by the
annexation will be provided an opportunity to submit information to the board
during the hearing or in writing prior to the hearing.
c. The board may request additional
information from the city, county or other persons, including any of the
information required to be included in a petition for involuntary city
development action pursuant to Iowa Code section
368.11(3).
(3)
Criteria. The
board shall consider the same criteria as set forth in subrule 7.8(3). The
board may not approve a petition considered pursuant to this rule unless the
board finds that the land of the nonconsenting owners was included to avoid
creating an island or create more uniform boundaries. A petition considered
pursuant to this rule shall not be approved unless four members of the board
vote in favor of approving the petition.
