[§171-134]  Industrial park development. (a)  The department may develop an area of public lands as an industrial park. Any development shall commence after designation of the area of public lands asan industrial park in accordance with section 171-132.  Planning activities forthe proposed or potential designation of an industrial park may precede adesignation.

(b)  At the option of the board, thedevelopment of an industrial park shall be exempt from all statutes,ordinances, charter provisions, and rules of any governmental agency relatingto planning, zoning, construction standards for subdivision development andimprovement of land, and the construction of buildings thereon; provided that:

(1)  The board finds that the industrial park meetsthe minimum requirements of health and safety;

(2)  The development of the industrial park does notcontravene any safety standards or tariffs approved by the public utilitiescommission for public utilities;

(3)  The legislative body of the county in which the industrialpark is proposed to be situated approves the industrial park.

(A)  The legislative body shall approve ordisapprove the industrial park within forty-five days after the department hassubmitted preliminary plans and specifications for the industrial park to thelegislative body.  If after the forty-fifth day, an industrial park is notdisapproved, 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 theindustrial park shall be deemed approved by the legislative body if the finalplans and specifications for the industrial park do not substantially deviatefrom the preliminary plans and specifications.  The determination that thefinal plans and specifications do not substantially deviate from thepreliminary plans and specifications of the industrial park shall rest with theboard.  The final plans and specifications for the park shall constitute theplanning, zoning, building, improvement, construction, and subdivisionstandards for that industrial park.  For the purposes of sections 501-85 and502-17, the chairperson of the board or the responsible county official maycertify maps and plans of land connected with the industrial park as havingcomplied with applicable laws and ordinances relating to consolidation andsubdivision of lands, and such maps and plans shall be accepted forregistration or recordation by the land court and registrar; and

(4)  The board shall assume the responsibilityof all infrastructure within the industrial park, if the infrastructuredeveloped is exempt from applicable county ordinances, charter provisions, andrules.

(c)  If the board does not exercise the optionunder subsection (b), the board shall develop an industrial park in compliancewith the statutes, ordinances, charter provisions, and rules of applicablegovernment agencies. [L 1988, c 361, pt of §1]