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 as an industrial park in accordance with section 171-132. Planning activities for the proposed or potential designation of an industrial park may precede a designation.
(b) At the option of the board, the
development of an industrial park shall be exempt from all statutes,
ordinances, charter provisions, and rules of any governmental agency relating
to planning, zoning, construction standards for subdivision development and
improvement of land, and the construction of buildings thereon; provided that:
(1) The board finds that the industrial park meets
the minimum requirements of health and safety;
(2) The development of the industrial 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 industrial
park is proposed to be situated approves the industrial park.
(A) The legislative body shall approve or
disapprove the industrial park within forty-five days after the department has
submitted preliminary plans and specifications for the industrial park to the
legislative body. If after the forty-fifth day, an industrial 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
industrial park shall be deemed approved by the legislative body if the final
plans and specifications for the industrial park do not substantially deviate
from the preliminary plans and specifications. The determination that the
final plans and specifications do not substantially deviate from the
preliminary plans and specifications of the industrial park shall rest with the
board. The final plans and specifications for the park shall constitute the
planning, zoning, building, improvement, construction, and subdivision
standards for that industrial park. For the purposes of sections 501-85 and
502-17, the chairperson of the board or the responsible county official may
certify maps and plans of land connected with the industrial 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 board shall assume the responsibility
of all infrastructure within the industrial park, if the infrastructure
developed is exempt from applicable county ordinances, charter provisions, and
rules.
(c) If the board does not exercise the option
under subsection (b), the board shall develop an industrial park in compliance
with the statutes, ordinances, charter provisions, and rules of applicable
government agencies.
[L 1988, c 361, pt of §1]
