County, city disagree on jurisdiction

As the third and final reading of Jefferson County?s subdivision ordinance draws near, the city and county attorneys don?t see eye-to-eye on which entity has final jurisdiction over Fairfield?s 2-mile extra-territorial zone.

While assistant county attorney Pat McAvan has advised the Jefferson County Board of Supervisors the city?s subdivision ordinance would prevail within that urbanized area, city attorney John Morrissey contends the county would ultimately be able to trump the city.

The issue of jurisdiction arose during Monday?s meeting of the Fairfield City Council, during which Mayor Ed Malloy questioned whether the ordinance?s provision preserving land with a corn suitability rating of 55 or higher ? amended from 50 during Monday?s supervisors? meeting ? would prohibit the city?s ability to expand.

?Right now, we would have some clout that could get diminished,? Morrissey told the council.

McAvan and county attorney Tim Dille are basing their interpretation of jurisdiction on Iowa Code Section 354.9, which dictates a subdivision plat within the urbanized area should be submitted to both the city and the county for approval based on the city?s standards ? unless the city and county have agreed to a different set of standards.

Morrissey does not disagree with that section of code, but feels Iowa Code Section 335.3 gives the county absolute authority over zoning, which Morrissey said the CSR rating provision is more akin to. Because CSR ratings are not a factor in most subdivision ordinances, Morrissey views it as ?back-door zoning? that gives the county the ability to fall back on section 335.3.

Dille disagrees.

?Chapter 335 deals with zoning. We are doing a subdivision ordinance, not a zoning ordinance,? Dille said. ?Chapter 354 deals with subdivision of land and ordinances governing that.?

Councilman Myron Gookin said, ?Although I?m not sure that it?s a good change in the law as far as the county?s concerned, I?m not sure what business we have sticking our nose in it.?

For the complete article, see the Wednesday, April 29, 2009, Fairfield Ledger.