§166-4 - Park development.
§166-4 Park development. Except as
herein provided, the department may develop, on behalf of the State or in
partnership with a federal agency, a county, or a private party, agricultural
parks which, at the option of the board, shall be exempt from all statutes,
ordinances, charter provisions, and rules of any governmental agency relating
to planning, zoning, construction standards for subdivisions, development and
improvement of land, and the construction of buildings thereon; provided that:
(1) The board finds the agricultural park is
consistent with the purpose and intent of this chapter, and meets minimum
requirements of health and safety;
(2) The development of the proposed agricultural park
does not contravene any safety standards or tariffs approved by the public
utilities commission for public utilities;
(3) The legislative body of the county in which the
agricultural park is to be situated shall have approved the agricultural park.
(A) The legislative body shall approve or
disapprove the agricultural park within forty-five days after the department
has submitted the preliminary plans and specifications for the agricultural
park to the legislative body. If after the forty-fifth day an agricultural
park is not disapproved, it shall be deemed approved by the legislative body.
(B) No action shall be prosecuted or
maintained against any county, its officials, or employees, on account of
actions taken by them in reviewing, approving, or disapproving the plans and
specifications.
(C) The final plans and specifications for the
agricultural park shall be deemed approved by the legislative body if the final
plans and specifications do not substantially deviate from the preliminary
plans and specifications. The final plans and specifications for the project
shall constitute the planning, zoning, building, construction, and subdivision
standards for that agricultural park. For purposes of sections 501-85 and
502-17, the chairperson of the board of agriculture or the responsible county
official may certify maps and plans of lands connected with the agricultural
park as having complied with applicable laws and ordinances relating to
consolidation and subdivision of lands, and such maps and plans shall be
accepted for registration or recordation by the land court and registrar; and
(4) The State shall assume the responsibility of
maintaining all roads within the agricultural park if the roads are developed
exempt from applicable county ordinances, charter provisions, and rules
regarding roads. [L 1986, c 222, pt of §1; am L 1987, c 111, §1; am L 1990, c
52, §1]