§166-4  Park development.  Except asherein provided, the department may develop, on behalf of the State or inpartnership with a federal agency, a county, or a private party, agriculturalparks which, at the option of the board, shall be exempt from all statutes,ordinances, charter provisions, and rules of any governmental agency relatingto planning, zoning, construction standards for subdivisions, development andimprovement of land, and the construction of buildings thereon; provided that:

(1)  The board finds the agricultural park isconsistent with the purpose and intent of this chapter, and meets minimumrequirements of health and safety;

(2)  The development of the proposed agricultural parkdoes not contravene any safety standards or tariffs approved by the publicutilities commission for public utilities;

(3)  The legislative body of the county in which theagricultural park is to be situated shall have approved the agricultural park.

(A)  The legislative body shall approve ordisapprove the agricultural park within forty-five days after the departmenthas submitted the preliminary plans and specifications for the agriculturalpark to the legislative body.  If after the forty-fifth day an agriculturalpark is not disapproved, it shall be deemed approved by the legislative body.

(B)  No action shall be prosecuted ormaintained against any county, its officials, or employees, on account ofactions taken by them in reviewing, approving, or disapproving the plans andspecifications.

(C)  The final plans and specifications for theagricultural park shall be deemed approved by the legislative body if the finalplans and specifications do not substantially deviate from the preliminaryplans and specifications.  The final plans and specifications for the projectshall constitute the planning, zoning, building, construction, and subdivisionstandards for that agricultural park.  For purposes of sections 501-85 and502-17, the chairperson of the board of agriculture or the responsible countyofficial may certify maps and plans of lands connected with the agriculturalpark as having complied with applicable laws and ordinances relating toconsolidation and subdivision of lands, and such maps and plans shall beaccepted for registration or recordation by the land court and registrar; and

(4)  The State shall assume the responsibility ofmaintaining all roads within the agricultural park if the roads are developedexempt from applicable county ordinances, charter provisions, and rulesregarding roads. [L 1986, c 222, pt of §1; am L 1987, c 111, §1; am L 1990, c52, §1]