Oklahoma 2024 Regular Session

Oklahoma House Bill HB2089 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	ENGR. H. B. NO. 2089 Page 1 1
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	3	+	HB2089 HFLR Page 1
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27		-	ENGROSSED HOUSE
28		-	BILL NO. 2089 By: Echols of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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30		-	~~and~~
	31	+	STATE OF OKLAHOMA
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32		-	Paxton of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 2089 By: Echols
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	41	+	AS INTRODUCED
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39		-	[ cities and towns - requirements for legislative
40		-	municipal procedures - power to interfere with
41		-	property owner rights by zoning and regulations -
42		-	denial of applications - notice and hearing - award
43		-	of reasonable costs in appeals proce edings -
	43	+	An Act relating to cities and towns; amending 11 O.S.
	44	+	2021, Section 43-105, which relates to amendments or
	45	+	changes of regulations, restrictions, and boundaries;
	46	+	establishing requirements for legislative municipal
	47	+	procedures; limiting power to interfere with property
	48	+	owner rights by zoning and regulations ; restricting
	49	+	the denial of applications; clarifying purpose of
	50	+	notice and hearing; directing governing body to
	51	+	identify basis of denial; providing for award of
	52	+	reasonable costs in appeals proce edings; amending 11
	53	+	O.S. 2021, Section 45-104, which relates to public
	54	+	improvements and plats of land, plann ing commission
	55	+	review, and subdivision reg ulations; establishing
44	56		requirements for preliminary or final plats and
45		-	subdivisions – determinations - effective date ]
46		-
	57	+	subdivisions; designating determinations as quasi -
	58	+	judicial; establishing basis of determinations;
	59	+	clarifying purpose of notice and hearing ; providing
	60	+	for award of reasonable costs in appeals proceedings;
	61	+	and providing an effective date .
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52	67		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	68		SECTION 1. AMENDATORY 11 O.S. 2021, Section 43-105, is
54	69		amended to read as follows:
55	70		Section 43-105. A. Regulations, restrictions and district
56	71		boundaries of municipalities may be amended, supplemented, changed,
57		-	~~modified or repealed. The requirements of Section 43-104 of this~~
58		-	~~title on public hearings and notice shall apply to all proposed~~
59		-	~~ENGR~~. ~~H. B. NO. 2089 Page 2~~ 1
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	73	+	HB2089 HFLR Page 2
	74	+	BOLD FACE denotes Committee Amendments. 1
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	99	+	modified or repealed. The requirements of Section 43 -104 of this
	100	+	title on public hearings and notice shall apply to all proposed
84	101		amendments or changes to regu lations, restrictions or district
85	102		boundaries.
86	103		B. Protests against proposed changes shall be filed at least
87	104		three (3) days before the date of the publ ic hearings. If protests
88	105		are filed by:
89	106		1. The owners of twenty percent (20%) or more of the area of
90	107		the lots included in a proposed change,; or
91	108		2. The owners of fifty percent (50%) or more of the area of the
92	109		lots within a three hundred (300) foot radius of the exterior
93	110		boundary of the territory included in a propose d change;,
94	111		then the proposed change or ame ndment shall not become effective
95	112		except by the favorable vote of three -fourths (3/4) of all the
96	113		members of the municipal governing body where there are more than
97	114		seven members in the governing body, and by three -fifths (3/5)
98	115		favorable vote where there are seven or less members in the
99	116		governing body.
100		-	C. Municipal zoning decisions are legislativ e in nature and
101		-	valid unless the challenging p arty proves the ordinance lacks a
102		-	substantial relation to the public health, safety, or general
103		-	welfare of the public in light of objective and relevant facts , or
104		-	if the decision constitutes an unreasonable, arbitrary exercise of
105		-	police power.
106		-	ENGR. H. B. NO. 2089 Page 3 1
	117	+	C. Decisions as to comprehensive and master plans, zoning
	118	+	classifications, and planned un it developments, and as to
	119	+	applications for amendments, changes, modifications , revisions, or
	120	+	applications relating to s uch, shall be legislative municipal
	121	+	procedures, in which the municipal governing body shall refrain from
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	123	+	HB2089 HFLR Page 3
	124	+	BOLD FACE denotes Committee Amendments. 1
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131		-	D. If the validity of a challenged zoning ordinance or zoning
132		-	decision is fairly debatable, in light of objective and relevant
133		-	facts, the legislative judgment of the municipality must stand.
134		-	E. Comprehensive plans may be utilized as a guide in the
135		-	decision making process, however determinations must be made in
136		-	light of objective and relevant facts as well as utilizing
137		-	processes and requirements outlined in the municipal code.
138		-	F. The notice and hearing provisions in Sections 43-104
139		-	through 43-106 of this title, or otherwise as may be applicable,
140		-	are intended to provide members of the public with a right to be
141		-	heard, explain how they think their interests are affected, and to
142		-	bring to the attention of the governing body objective and relevant
143		-	facts. However, decisions on land use applications shall not be
144		-	based solely upon the presence, numbers, or magnitude of opposition
145		-	or protests in the absence of objective and relevant facts.
146		-	SECTION 2. AMENDATORY 11 O.S. 2021, Section 45-104, is
147		-	amended to read as follows:
148		-	Section 45-104. A. Before final action ma y be taken by any
149		-	municipality or department thereof on the location, construction, or
150		-	design of any public building, statue, memorial, park, parkway,
151		-	boulevard, street, alley, playground, public ground, or bridge, or
152		-	the change in the location or grade of any street or alley, the
153		-	question shall be submitted to the planning commission for
154		-	investigation and report. Counties and s chool districts may be
155		-	ENGR. H. B. NO. 2089 Page 4 1
	149	+	arbitrary and unreasonable exer cises of its police powers, and shall
	150	+	conform to the following requirements:
	151	+	1. Municipal power to interfere by zoning or land use
	152	+	regulations with the general rights of property owners is limited,
	153	+	and the municipal governing body 's decisions must be strictly bound
	154	+	by the limits of police power, and based upon the objective facts
	155	+	and ascertainable standards being relevant to determine whether the
	156	+	proposed zoning or land us e application, if approved, would be
	157	+	harmful to the health, safety, and welfare of the public. Decisions
	158	+	on rezoning or land use applications shall be based upon the
	159	+	objective, relevant, and basic physica l facts of the property and
	160	+	surrounding area;
	161	+	2. Rezoning or land use applications shall not be denied on the
	162	+	sole basis of noncompliance with a comprehensive plan or master
	163	+	plan. When a rezoning or land use appl ication conforms to the
	164	+	property's land use designation under a comprehensive plan or master
	165	+	plan, it shall be presumed that the proposed zoning land use is an
	166	+	appropriate classification for the property, unless the objective,
	167	+	relevant, and basic physical facts pertaining to the property and
	168	+	surrounding area indicate that the proposed zoning land use change
	169	+	would be harmful to the health, safety, and welfare of the public ;
	170	+	3. The notice and hearing provisions in Sections 43-104 through
	171	+	43-106 of this title, or otherwise as may be applicable, are
	172	+	intended to provide members of the public with a right to be heard
	173	+
	174	+	HB2089 HFLR Page 4
	175	+	BOLD FACE denotes Committee Amendments. 1
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180		-	exempted from the payment of a fee to obtain a ny license or permit
181		-	required by a zoning, building, or simil ar ordinance of a
182		-	municipality.
183		-	B. All plans, plats, or replats of land laid out in lots or
184		-	blocks, and the streets, alleys, or other portions of the same,
185		-	intended to be dedicated to public or private use, within the
186		-	corporate limits of a municipality, s hall first be submitted to the
187		-	municipal planning commission for its approval or rejection. Before
188		-	said plans, plats, or repl ats shall be entitled to be re corded in
189		-	the office of the county cler k, they shall be approved by the
190		-	municipal governing body. I t shall be unlawful to offer and c ause
191		-	to be recorded any such plan, plat, or replat in any public office
192		-	unless the same shal l bear thereon, by endorsement or otherwise, the
193		-	approval of the muni cipal governing body. Any plat filed without
194		-	the endorsed approval of the municipal governing body shall not
195		-	import notice nor impose any obligation or duties on the
196		-	municipality. The d isapproval of any such plan, p lat, or replat by
197		-	the municipal governi ng body shall be deemed a refusal of the
198		-	proposed dedication shown thereon.
199		-	C. The municipal planning commission may exercise jurisdiction
200		-	over subdivision of land and adopt regulations governing the
201		-	subdivision of land within its jurisdiction. Any such regulations,
202		-	before they become effective, shall be approved by the municipal
203		-	governing body and shall be published as provided by law for the
204		-	ENGR. H. B. NO. 2089 Page 5 1
	200	+	and explain how they think their interests are affected , and to
	201	+	bring to the attention of the governing body any objective,
	202	+	relevant, and basic phys ical facts that may have been overlooked.
	203	+	However, decisions on land use applications shall not be based u pon
	204	+	the presence, numbers, or magnitude of opposition or protests to
	205	+	such applications;
	206	+	4. In the case of denial of an application subject to the
	207	+	provisions of this section, the governing bo dy shall identify on the
	208	+	record its basis for the denial, includi ng at a minimum all of the
	209	+	objective, relevant, and basic physical facts and standar ds upon
	210	+	which the governing body 's decision of denial is based.
	211	+	5. Where appeal through a legal or equitab le proceeding is
	212	+	instituted by the applicant related to a zoning or land use
	213	+	application denial subject to the provisions of this section, and
	214	+	the court, in rendering a judgment for the plaintiff in such
	215	+	proceeding, determines there to be insufficient evid ence supporting
	216	+	the municipal body's purported basis for the deni al, the court shall
	217	+	determine an award to such plaintiff, as a part of such judgme nt;
	218	+	such sum as will, in the opinion of the court, reimburse such
	219	+	plaintiff for all plaintiff 's reasonable costs, disbursements, and
	220	+	expenses, including but not limited to rea sonable attorney,
	221	+	consultant, and engineering fees, actually incurred because of su ch
	222	+	proceeding.
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	224	+	HB2089 HFLR Page 5
	225	+	BOLD FACE denotes Committee Amendments. 1
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229		-	publication of ordinances. Such regulations may include provisions
230		-	as to the extent to which streets and other w ays shall be graded and
231		-	improved and to which water, sewer, a nd other utility mains, piping,
232		-	or other facilities shall be installed as a condition precedent to
233		-	the approval of the plat. The regulations may provide fo r a
234		-	tentative approval of the plat befo re such installation. Any such
235		-	tentative approval shall be r evocable for failure to comply wit h
236		-	commitments upon which the tentative approval was based and shall
237		-	not be entered on the pl at. In lieu of the completion of any
238		-	improvements or utilities prior to the final approval of the plat,
239		-	the commission may accept an adequate bond with surety, sat isfactory
240		-	to the commission, to secure for the municipality the actual
241		-	construction and inst allation of the improvements o r utilities at a
242		-	time and according to specifications fixed by or in accordance with
243		-	the regulations of the commission, and further co nditioned that the
244		-	developer will pay for all material and labor relating to the
245		-	construction of the improvements. The mu nicipality may enforce said
246		-	bond by all appropriate legal and equitable remedies. Nothing in
247		-	this section shall be construed as grant ing to any municipality or
248		-	planning commission the power to direct any public utility to ext end
249		-	its services to any partic ular area.
250		-	D. Upon adoption of the reg ulations governing the subdivision
251		-	of land as provided in sub section C of this section, no plat or deed
252		-	or other instrument concerning the subdivision of land within the
253		-	ENGR. H. B. NO. 2089 Page 6 1
	250	+	SECTION 2. AMENDATORY 11 O.S. 2021, Section 45-104, is
	251	+	amended to read as follows:
	252	+	Section 45-104. A. Before final action ma y be taken by any
	253	+	municipality or department thereof on th e location, construction, or
	254	+	design of any public building, statue, memorial, park, parkway,
	255	+	boulevard, street, alley, playground, public gr ound, or bridge, or
	256	+	the change in the location or grade of any street or alley, the
	257	+	question shall be submitted to t he planning commission for
	258	+	investigation and report. Counties and school districts may be
	259	+	exempted from the payment of a fee to obtain any license or permit
	260	+	required by a zoning, building, or simil ar ordinance of a
	261	+	municipality.
	262	+	B. All plans, plats, or r eplats of land laid out in lots or
	263	+	blocks, and the streets, alleys, or other portions of the same,
	264	+	intended to be dedicated to public or pri vate use, within the
	265	+	corporate limits of a municipality, s hall first be submitted to the
	266	+	municipal planning commissi on for its approval or rejection. Before
	267	+	said plans, plats, or replats shall be entitled to be re corded in
	268	+	the office of the county clerk, they shall be approved by the
	269	+	municipal governing body. I t shall be unlawful to offer and cause
	270	+	to be recorded any such plan, plat, or replat in any public office
	271	+	unless the same shall bear thereon, by endorsement or otherwise, the
	272	+	approval of the municip al governing body. Any plat filed without
	273	+	the endorsed approval of the municipal governing body shall not
	274	+
	275	+	HB2089 HFLR Page 6
	276	+	BOLD FACE denotes Committee Amendments. 1
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278		-	corporate limits of a municipality shall be fil ed with the county
279		-	clerk until it has b een approved by the municipal planning
280		-	commission of that mun icipality in accordance with the o fficially
281		-	adopted regulations of subdivisions of that commission. If such
282		-	approval is needed, the approval shall be endor sed on the face of
283		-	the plat, or in the case of a deed or other instrument, in the form
284		-	of a special subdivision certificate. If the a dopted regulations
285		-	exempt a certain subdivision of land from the approval requirement,
286		-	the municipal planning commission s hall provide to the county clerk
287		-	an exemption statement to accompany the deed or instrument to be
288		-	filed.
289		-	E. A municipality which cont ains large areas of rural land not
290		-	served by water and sewer facilities by the municipality shall
291		-	authorize the use of pri vate roadways in either platted or unpl atted
292		-	areas and shall issue building permits to property owne rs whose
293		-	property is abutting upon the private roadways, without complying
294		-	with standards as provided for dedicated streets, s ubject to the
295		-	following conditions:
296		-	1. The private roadway easement shall be at least fifty (50)
297		-	feet in width; and
298		-	2. The property abutting upon the private road way shall contain
299		-	not less than two (2) acres; provided, however, if the covenants of
300		-	the subdivision allow for Evapotrans piration Absorption Systems or
301		-	ENGR. H. B. NO. 2089 Page 7 1
	301	+	import notice nor impose any obligation or duties on the
	302	+	municipality. The disapproval of any such plan, p lat, or replat by
	303	+	the municipal governing body shall be deemed a refusal of the
	304	+	proposed dedication shown thereon.
	305	+	C. The municipal planning commission may e xercise jurisdiction
	306	+	over subdivision of land and adopt regulations governing the
	307	+	subdivision of land within its jurisdiction. Any such reg ulations,
	308	+	before they become effective, shall be approved by the municipal
	309	+	governing body and shall be published as provided by law for the
	310	+	publication of ordinances. Such regulations may include provisions
	311	+	as to the extent to which streets and other ways shall be graded and
	312	+	improved and to which water, sewer, a nd other utility mains, piping,
	313	+	or other facilities shall be installed as a condition precedent to
	314	+	the approval of the plat. The regulations may provide fo r a
	315	+	tentative approval of the plat before such installation. Any such
	316	+	tentative approval shall be r evocable for failure to comply with
	317	+	commitments upon which the tentative approval was based and shall
	318	+	not be entered on the plat. In lieu of the completion of any
	319	+	improvements or utilities prior to the final approval of the plat,
	320	+	the commission may accept an adequate bond with surety, satisfactory
	321	+	to the commission, to secure for the municipality the actual
	322	+	construction and installation of the improvements o r utilities at a
	323	+	time and according to spe cifications fixed by or in accordance with
	324	+	the regulations of the commission, and further conditioned that the
	325	+
	326	+	HB2089 HFLR Page 7
	327	+	BOLD FACE denotes Committee Amendments. 1
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326		-	an Aerobic Wastewater Treatment System, the property abutting upon
327		-	the private roadway may contain not less than one (1) acre; and
328		-	3. The property shall be more than one -fourth (1/4) mile from
329		-	sewer and water facilities furn ished by the municipality; and
330		-	4. The private roadway shall not be dedicated to the public but
331		-	reserved for future dedication and, un til such future dedication,
332		-	shall be the private roadway of the owners of the abutting prope rty;
333		-	and
334		-	5. The private roadw ay shall be maintained by the owners of the
335		-	property within the subdivision; and
336		-	6. The municipality shall have no responsibility for the
337		-	maintenance or repair of the private roadway; and
338		-	7. If the property is platted, there shall be emblematized on
339		-	the face of the plat, clearly conspicuous, a notice that the streets
340		-	and drives have not been dedicated to the public and that the
341		-	streets shall be maintained by the private property owners within
342		-	the subdivision. Said streets sh all always be open to police, fire,
343		-	and other official vehicles of al l state, federal, county, and
344		-	municipal agencies; and
345		-	8. Every deed shall clearly acknowledge that the roadway is
346		-	private and not maintained by the municipality; and
347		-	9. Prior to the sal e of any parcel of land in the subdivision,
348		-	a conspicuous sign shall be posted at the entrance to the
349		-	subdivision: "Private roadway not maintained by __________ (t he
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	352	+	developer will pay for all material and labor relating to the
	353	+	construction of the improvements. The mu nicipality may enforce said
	354	+	bond by all appropriate legal and equitable remedies. Nothing in
	355	+	this section shall be construed as granting to any municipality or
	356	+	planning commission the power to direct any public utility to extend
	357	+	its services to any partic ular area.
	358	+	D. Upon adoption of the regula tions governing the subdivision
	359	+	of land as provided in sub section C of this section, no plat or deed
	360	+	or other instrument concerning the subdivision of land within the
	361	+	corporate limits of a municipality shall be fil ed with the county
	362	+	clerk until it has been approved by the municipal planning
	363	+	commission of that mun icipality in accordance with the officially
	364	+	adopted regulations of subdivisions of that commission. If such
	365	+	approval is needed, the approval shall be endor sed on the face of
	366	+	the plat, or in the cas e of a deed or other instrument, in the form
	367	+	of a special subdivision certificate. If the adopted regulations
	368	+	exempt a certain subdivision of land from the approval requirement,
	369	+	the municipal planning commission s hall provide to the county clerk
	370	+	an exemption statement to accompany the deed or instrument to be
	371	+	filed.
	372	+	E. A municipality which contains large areas of rura l land not
	373	+	served by water and sewer facilities by the municipality shall
	374	+	authorize the use of pri vate roadways in either platted or unplatt ed
	375	+	areas and shall issue building permits to property owne rs whose
	376	+
	377	+	HB2089 HFLR Page 8
	378	+	BOLD FACE denotes Committee Amendments. 1
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375		-	municipality)". At any time after the municipality permits the use
376		-	of said private roadw ay, a petition of the owners o f at least sixty
377		-	percent (60%) of the a rea of the land to improve and dedicate the
378		-	street shall bind all of the owners thereby to perm anently improve
379		-	the street or roadway in compliance with the requirements of the
380		-	municipality; and
381		-	10. The planning commi ssion may require the developer of such
382		-	property to reserve appropriate utility easements for water, sewer,
383		-	and any other utility inst allations as may be required for present
384		-	and future development.
385		-	F. Municipal platting deci sions are quasi-judicial in nature.
386		-	The respective Planning Commissi on and City Council of a
387		-	municipality shall have reasonable discretion to determine the
388		-	compliance of preliminary and final plats with the municipality’s
389		-	adopted subdivision regulations a nd all applicable codes and
390		-	ordinances. If the Council and Planning Commission determines the
391		-	proposed plat is in compliance with the adopted subdivision code,
392		-	and meets all applicable ordinances, and the Council and Planning
393		-	Commission accept any propose d dedications, if applicable, the plat
394		-	shall be approved.
395		-	G. Comprehensive plans may be utilized as a guide in the
396		-	decision making process, however determinations must be made in
397		-	light of applicable objective and relevant facts as to proposed
398		-	plats as well as utilizing processes, standards, and requirements
399		-	ENGR. H. B. NO. 2089 Page 9 1
	403	+	property is abutting upon the private roadways, w ithout complying
	404	+	with standards as provided for dedicated streets, subject to the
	405	+	following conditions:
	406	+	1. The private roadway easement sha ll be at least fifty (50)
	407	+	feet in width; and
	408	+	2. The property abutting upon the private roadway shall contain
	409	+	not less than two (2) acres; provided, however, if the covenants of
	410	+	the subdivision allow for Evapotrans piration Absorption Systems or
	411	+	an Aerobic Wastewater Treatment System, the property abutting upon
	412	+	the private roadway may contain not less than one (1) acre; and
	413	+	3. The property shall be more than one -fourth (1/4) mile from
	414	+	sewer and water facilities furn ished by the municipality; and
	415	+	4. The private roadway shall not be dedicated to the public but
	416	+	reserved for future dedication and, until such future dedicati on,
	417	+	shall be the private roadway of the owners of the abutting property;
	418	+	and
	419	+	5. The private roadw ay shall be maintained by the owners of th e
	420	+	property within the subdivision; and
	421	+	6. The municipality shall have no responsibility for the
	422	+	maintenance or repair of the private roadway; and
	423	+	7. If the property is platted, there shall be emblematized on
	424	+	the face of the plat, clearly conspicuous, a n otice that the streets
	425	+	and drives have not been dedicated to the public and that the
	426	+	streets shall be maintained by the private property owners within
	427	+
	428	+	HB2089 HFLR Page 9
	429	+	BOLD FACE denotes Committee Amendments. 1
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423	453
424		-	outlined in the municipal code. Compliance with comprehensive plans
425		-	shall not be a requirement for a plat appr oval.
426		-	H. The notice and hearing provisions in Sections 43-104 through
427		-	43-106 of this title, or otherwise as may be ap plicable, are
428		-	intended to provide members of the public with a right to be heard,
429		-	explain how they think their interests are affected, and to bring to
430		-	the attention of the governing body objective and relevant facts.
431		-	However, decisions on land use applica tions shall not be based
432		-	solely upon the presence, numbers, or magnitude of opposition or
433		-	protests in the absence of objective and relevant facts.
434		-	I. In the case of a preliminary or final plat denial, if
435		-	requested by the applicant at the meeting on the vo te, each
436		-	dissenting governing body member shall identify on the record their
437		-	basis for the denial, including at a minimum all of the applicabl e
438		-	objective and relevant facts upon which the denial is based.
439		-	SECTION 3. This act shall become e ffective November 1, 2023.
440		-	ENGR. H. B. NO. 2089 Page 10 1
	454	+	the subdivision. Said streets shall always be open to police, fire,
	455	+	and other official vehicles of all s tate, federal, county, and
	456	+	municipal agencies; and
	457	+	8. Every deed shall clearly acknowledge that the roadway is
	458	+	private and not maintained by the municipality; and
	459	+	9. Prior to the sale of any parcel of land in the subdivision,
	460	+	a conspicuous sign shall be posted at the entrance to the
	461	+	subdivision: "Private roadway not maintained by __________ (the
	462	+	municipality)". At any time after the municipality permits the use
	463	+	of said private roadway, a petition of the owners o f at least sixty
	464	+	percent (60%) of the area of the land to improve and dedicate the
	465	+	street shall bind all of the owners thereby to permanently improve
	466	+	the street or roadway in compliance with the requirements of the
	467	+	municipality; and
	468	+	10. The planning commi ssion may require the developer of such
	469	+	property to reserve appropriate utility easements for water, sewer,
	470	+	and any other utility installations as may be requ ired for present
	471	+	and future development.
	472	+	F. As to preliminary or final plats and subdivisions, in
	473	+	considering applications, or applications for amendments, changes,
	474	+	modifications, revisions, or app lications relating to such, a
	475	+	municipal governing body shall conform to the following
	476	+	requirements:
	477	+
	478	+	HB2089 HFLR Page 10
	479	+	BOLD FACE denotes Committee Amendments. 1
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464	503
465		-	Passed the House of Representatives the 20th day of March, 2023.
	504	+	1. Determinations on preliminary or fin al plats and
	505	+	subdivisions shall be considered administrati ve municipal procedures
	506	+	being quasi-judicial in nature;
	507	+	2. Determinations on preliminary or final plats and
	508	+	subdivisions shall be based upon the objective and clearly
	509	+	ascertainable standards which are expressly set forth in the
	510	+	subdivision regulations and zoning codes, and shall not be denied on
	511	+	the basis of noncompliance with a comprehensive plan or master plan.
	512	+	If the municipal governing body determines the proposed plat is in
	513	+	compliance with the subdivision regulations and zoning codes, and
	514	+	the municipal governing body accepts any proposed dedications, if
	515	+	applicable, the preliminary or final plat, as applicable , shall be
	516	+	approved. In the case of denial of an application subject to the
	517	+	provisions of this section , the municipal body shall identify on the
	518	+	record its basis for the denial, including at a minimum all of the
	519	+	objective, relevant, and basic physical fa cts, and clearly
	520	+	ascertainable standards upon which the denial is based ;
	521	+	3. The notice and hearing prov isions in Sections 43-104 through
	522	+	43-106 of this title, or otherwise as may be applicable, are
	523	+	intended to provide members of the public with a right to be heard
	524	+	and explain how they think their interests are affected and to bring
	525	+	to the attention of the g overning body any objective and relevant
	526	+	basic physical facts that may have been overlooked. However,
	527	+	decisions on preliminary plats and subdivisions shall not be based
466	528
	529	+	HB2089 HFLR Page 11
	530	+	BOLD FACE denotes Committee Amendments. 1
	531	+	2
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467	554
	555	+	upon the presence, numbers, or magnitude of opposition or protests
	556	+	to such applications;
	557	+	4. Where appeal through a legal or equ itable proceeding is
	558	+	instituted by the applicant related to a preli minary or final plat
	559	+	denial subject to the provisions of this section, and the court, in
	560	+	rendering a judgment for the plaintiff in such proceeding,
	561	+	determines there to be insufficient evide nce supporting the
	562	+	municipal body's purported basis for the denial, the court shall
	563	+	determine an award to such plaintiff, as a pa rt of such judgment;
	564	+	such sum as will, in the opinion of the court, reimburse such
	565	+	plaintiff for all plaintiff 's reasonable costs, disbursements, and
	566	+	expenses, including but not limited to reaso nable attorney,
	567	+	consultant, and engineering fees, actually incur red because of such
	568	+	proceeding.
	569	+	SECTION 3. This act shall become e ffective November 1, 2023.
468	570
469		-
470		-	Presiding Officer of the House
471		-	of Representatives
472		-
473		-
474		-
475		-	Passed the Senate the ____ day of __________, 2023.
476		-
477		-
478		-
479		-
480		-	Presiding Officer of the Senate
481		-
482		-
	571	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	572	+	dated 02/27/2023 - DO PASS.