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ENGROSSED HOUSE
BILL NO. 2089 By: Echols of the House
and
Paxton of the Senate
[ cities and towns - requirements for legislative
municipal procedures - power to interfere with
property owner rights by zoning and regulations -
denial of applications - notice and hearing - award
of reasonable costs in appeals proce edings -
requirements for preliminary or final plats and
subdivisions – determinations - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 43-105, is
amended to read as follows:
Section 43-105. A. Regulations, restrictions and district
boundaries of municipalities may be amended, supplemented, cha nged,
modified or repealed. The requirements of Section 43-104 of this
title on public hearings and notice shall apply to all proposed
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amendments or changes to regu lations, restrictions or district
boundaries.
B. Protests against proposed changes shall b e filed at least
three (3) days before the dat e of the public hearings. If protests
are filed by:
1. The owners of twenty percent (20%) or more of the area of
the lots included in a proposed change,; or
2. The owners of fifty percent (50%) or more of th e area of the
lots within a three hundred (300 ) foot radius of the exterior
boundary of the territory included in a propose d change;,
then the proposed change or ame ndment shall not become effective
except by the favorable vote of three -fourths (3/4) of all the
members of the municipal governing body where there are more than
seven members in the governing body, and by three -fifths (3/5)
favorable vote where there are seven or less members in the
governing body.
C. Municipal zoning decisions are legislativ e in nature and
valid unless the challenging p arty proves the ordinance lacks a
substantial relation to the public health, safety, or general
welfare of the public in light of objective and relevant facts , or
if the decision constitutes an unreasonable, arbitrary exercise of
police power.
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D. If the validity of a challenged zoning ordinance or zoning
decision is fairly debatable, in light of objective and relevant
facts, the legislative judgment of the municipality must stand.
E. Comprehensive plans may be utilized as a guide in the
decision making process, however determinations must be made in
light of objective and relevant facts as well as utilizing
processes and requirements outlined in the municipal code.
F. The notice and hearing provisions in Sections 43-104
through 43-106 of this title, or otherwise as may be applicable,
are intended to provide members of the public with a right to be
heard, explain how they think their interests are affected, and to
bring to the attention of the governing body objective and relevant
facts. However, decisions on land use applications shall not be
based solely upon the presence, numbers, or magnitude of opposition
or protests in the absence of objective and relevant facts.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 45-104, is
amended to read as follows:
Section 45-104. A. Before final action ma y be taken by any
municipality or department thereof on the location, construction, or
design of any public building, statue, memorial, park, parkway,
boulevard, street, alley, playground, public ground, or bridge, or
the change in the location or grade of any street or alley, the
question shall be submitted to the planning commission for
investigation and report. Counties and s chool districts may be
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exempted from the payment of a fee to obtain a ny license or permit
required by a zoning, building, or simil ar ordinance of a
municipality.
B. All plans, plats, or replats of land laid out in lots or
blocks, and the streets, alleys, or other portions of the same,
intended to be dedicated to public or private use, within the
corporate limits of a municipality, s hall first be submitted to the
municipal planning commission for its approval or rejection. Before
said plans, plats, or repl ats shall be entitled to be re corded in
the office of the county cler k, they shall be approved by the
municipal governing body. I t shall be unlawful to offer and c ause
to be recorded any such plan, plat, or replat in any public office
unless the same shal l bear thereon, by endorsement or otherwise, the
approval of the muni cipal governing body. Any plat filed without
the endorsed approval of the municipal governing body shall not
import notice nor impose any obligation or duties on the
municipality. The d isapproval of any such plan, p lat, or replat by
the municipal governi ng body shall be deemed a refusal of the
proposed dedication shown thereon.
C. The municipal planning commission may exercise jurisdiction
over subdivision of land and adopt regulations governing the
subdivision of land within its jurisdiction. Any such regulations,
before they become effective, shall be approved by the municipal
governing body and shall be published as provided by law for the
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publication of ordinances. Such regulations may include provisions
as to the extent to which streets and other w ays shall be graded and
improved and to which water, sewer, a nd other utility mains, piping,
or other facilities shall be installed as a condition precedent to
the approval of the plat. The regulations may provide fo r a
tentative approval of the plat befo re such installation. Any such
tentative approval shall be r evocable for failure to comply wit h
commitments upon which the tentative approval was based and shall
not be entered on the pl at. In lieu of the completion of any
improvements or utilities prior to the final approval of the plat,
the commission may accept an adequate bond with surety, sat isfactory
to the commission, to secure for the municipality the actual
construction and inst allation of the improvements o r utilities at a
time and according to specifications fixed by or in accordance with
the regulations of the commission, and further co nditioned that the
developer will pay for all material and labor relating to the
construction of the improvements. The mu nicipality may enforce said
bond by all appropriate legal and equitable remedies. Nothing in
this section shall be construed as grant ing to any municipality or
planning commission the power to direct any public utility to ext end
its services to any partic ular area.
D. Upon adoption of the reg ulations governing the subdivision
of land as provided in sub section C of this section, no plat or deed
or other instrument concerning the subdivision of land within the
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corporate limits of a municipality shall be fil ed with the county
clerk until it has b een approved by the municipal planning
commission of that mun icipality in accordance with the o fficially
adopted regulations of subdivisions of that commission. If such
approval is needed, the approval shall be endor sed on the face of
the plat, or in the case of a deed or other instrument, in the form
of a special subdivision certificate. If the a dopted regulations
exempt a certain subdivision of land from the approval requirement,
the municipal planning commission s hall provide to the county clerk
an exemption statement to accompany the deed or instrument to be
filed.
E. A municipality which cont ains large areas of rural land not
served by water and sewer facilities by the municipality shall
authorize the use of pri vate roadways in either platted or unpl atted
areas and shall issue building permits to property owne rs whose
property is abutting upon the private roadways, without complying
with standards as provided for dedicated streets, s ubject to the
following conditions:
1. The private roadway easement shall be at least fifty (50)
feet in width; and
2. The property abutting upon the private road way shall contain
not less than two (2) acres; provided, however, if the covenants of
the subdivision allow for Evapotrans piration Absorption Systems or
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an Aerobic Wastewater Treatment System, the property abutting upon
the private roadway may contain not less than one (1) acre; and
3. The property shall be more than one -fourth (1/4) mile from
sewer and water facilities furn ished by the municipality; and
4. The private roadway shall not be dedicated to the public but
reserved for future dedication and, un til such future dedication,
shall be the private roadway of the owners of the abutting prope rty;
and
5. The private roadw ay shall be maintained by the owners of the
property within the subdivision; and
6. The municipality shall have no responsibility for the
maintenance or repair of the private roadway; and
7. If the property is platted, there shall be emblematized on
the face of the plat, clearly conspicuous, a notice that the streets
and drives have not been dedicated to the public and that the
streets shall be maintained by the private property owners within
the subdivision. Said streets sh all always be open to police, fire,
and other official vehicles of al l state, federal, county, and
municipal agencies; and
8. Every deed shall clearly acknowledge that the roadway is
private and not maintained by the municipality; and
9. Prior to the sal e of any parcel of land in the subdivision,
a conspicuous sign shall be posted at the entrance to the
subdivision: "Private roadway not maintained by __________ (t he
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municipality)". At any time after the municipality permits the use
of said private roadw ay, a petition of the owners o f at least sixty
percent (60%) of the a rea of the land to improve and dedicate the
street shall bind all of the owners thereby to perm anently improve
the street or roadway in compliance with the requirements of the
municipality; and
10. The planning commi ssion may require the developer of such
property to reserve appropriate utility easements for water, sewer,
and any other utility inst allations as may be required for present
and future development.
F. Municipal platting deci sions are quasi-judicial in nature.
The respective Planning Commissi on and City Council of a
municipality shall have reasonable discretion to determine the
compliance of preliminary and final plats with the municipality’s
adopted subdivision regulations a nd all applicable codes and
ordinances. If the Council and Planning Commission determines the
proposed plat is in compliance with the adopted subdivision code,
and meets all applicable ordinances, and the Council and Planning
Commission accept any propose d dedications, if applicable, the plat
shall be approved.
G. Comprehensive plans may be utilized as a guide in the
decision making process, however determinations must be made in
light of applicable objective and relevant facts as to proposed
plats as well as utilizing processes, standards, and requirements
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outlined in the municipal code. Compliance with comprehensive plans
shall not be a requirement for a plat appr oval.
H. The notice and hearing provisions in Sections 43-104 through
43-106 of this title, or otherwise as may be ap plicable, are
intended to provide members of the public with a right to be heard,
explain how they think their interests are affected, and to bring to
the attention of the governing body objective and relevant facts.
However, decisions on land use applica tions shall not be based
solely upon the presence, numbers, or magnitude of opposition or
protests in the absence of objective and relevant facts.
I. In the case of a preliminary or final plat denial, if
requested by the applicant at the meeting on the vo te, each
dissenting governing body member shall identify on the record their
basis for the denial, including at a minimum all of the applicabl e
objective and relevant facts upon which the denial is based.
SECTION 3. This act shall become e ffective November 1, 2023.
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Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate