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OK SB708
Bill
Status
5/10/2011
Primary Sponsor
Jeffrey Hickman
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AI Summary
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Authorizes Oklahoma municipalities to implement development fees on new or expanded developments to fund public infrastructure systems, including water, wastewater, streets, stormwater, parks, public safety, solid waste, transportation, and communications facilities.
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Requires development fees to represent only a proportionate share of capital improvement costs attributable to the development, with documented nexus between fee amount and development impact; prohibits fees for maintenance or repairs that don't expand system capacity.
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Mandates municipalities establish fee schedules, capital improvement plans, and service areas through public hearings before the planning commission and governing body with at least 15 days' notice; requires annual reporting on fee collection, investment, and expenditure.
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Restricts development fee use to capital improvements that increase public infrastructure system capacity within the designated service area; allows developers to receive credits or adjustments for constructing improvements, capped at the fee amount or improvement cost.
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Establishes rational-basis scrutiny for judicial review of adopted fees; permits exemptions for economic development, quality jobs, desirable land uses, or affordable housing; clarifies that fee payment does not waive payor's right to later challenge validity; effective November 1, 2011.
Legislative Description
Municipal capital improvements; authorizing municipalities to implement development fees; providing procedures; rights of payor; capping certain fees. Codification. Effective date.
Cities and Towns
Last Action
Approved by Governor 05/10/2011
5/10/2011