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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 647 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to cities and towns; amending 11 O.S.
7 2021, Section 43-105, which relates to amendments or
8 changes of regulations, restrictions, and boundaries;
8 establishing requirements for legislative municipal
9 procedures; amending 11 O.S. 2021, Section 43-109.1,
9 which relates to challenge to actions of a municipal
10 governing body; providing requirements to invalidate
10 certain municipal zoning decisions; amending 11 O.S.
11 2021, Section 44-110, which relates to appeals from
11 the board of adjustment; permitting municipalities to
12 adopt certain appeals procedures; amending 11 O.S.
12 2021, Section 45-104, which relates to public
13 improvements and plats of land, planning commission
13 review, and subdivision regulations; establishing
14 requirements for preliminary or final plats and
14 subdivisions; designating determinations as quasi-
15 judicial; establishing basis of determinations;
15 clarifying purpose of notice and hearing; providing
16 for award of reasonable costs in appeals proceedings;
16 updating statutory language; and providing an
17 effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 11 O.S. 2021, Section 43-105, is
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22 amended to read as follows:
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23 Section 43-105. A. Regulations, restrictions, and district
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24 boundaries of municipalities may be amended, supplemented, changed,
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1 modified, or repealed. The requirements of Section 43-104 of this
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2 title on public hearings and notice shall apply to all proposed
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3 amendments or changes to regulations, restrictions, or district
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4 boundaries.
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5 B. Protests against proposed changes shall be filed at least
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6 three (3) days before the date of the public hearings. If protests
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7 are filed by the owners of:
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8 1. the owners of twenty Twenty percent (20%) or more of the
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9 area of the lots included in a proposed change,; or
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10 2. the owners of fifty Fifty percent (50%) or more of the area
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11 of the lots within a three hundred (300) foot three-hundred-foot
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12 radius of the exterior boundary of the territory included in a
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13 proposed change;,
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14 then the proposed change or amendment shall not become effective
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15 except by the favorable vote of three-fourths (3/4) of all the
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16 members of the municipal governing body where there are more than
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17 seven members in the governing body, and by three-fifths (3/5)
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18 favorable vote where there are seven or less fewer members in the
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19 governing body.
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20 C. While comprehensive plans may be utilized as a guide in the
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21 decision-making process, determinations shall be made in light of
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22 objective and relevant facts as well as by utilizing processes and
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23 requirements outlined in the municipal code.
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1 SECTION 2. AMENDATORY 11 O.S. 2021, Section 43-109.1, is
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2 amended to read as follows:
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3 Section 43-109.1. A. Any suit to challenge any action,
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4 decision, ruling, or order of the municipal governing body under the
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5 provisions of this article shall be filed with the district court
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6 within thirty (30) business days from the action, decision, ruling
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7 or order.
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8 B. Municipal zoning decisions are deemed valid unless the
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9 challenging party proves the ordinance lacks a substantial relation
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10 to the public health, safety, or general welfare of the public in
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11 light of objective and relevant facts, or if a zoning decision
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12 constitutes an unreasonable, arbitrary exercise of police power.
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13 SECTION 3. AMENDATORY 11 O.S. 2021, Section 44-110, is
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14 amended to read as follows:
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15 Section 44-110. A. An appeal from any action, decision,
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16 ruling, judgment, or order of the board of adjustment may be taken
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17 by any person or persons who were entitled, pursuant to Section 44-
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18 108 of this title, to mailed notice of the public hearing before the
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19 board of adjustment, by any person or persons whose property
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20 interests are directly affected by such action, decision, ruling,
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21 judgment, or order of the board of adjustment, or by the governing
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22 body of the municipality to the district court in the county in
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23 which the situs of the municipality is located.
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1 B. The appeal shall be taken by filing with the municipal clerk
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2 and with the clerk of the board of adjustment, within the time
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3 limits which may be fixed by ordinance, a notice of appeal. The
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4 notice shall specify the grounds for the appeal. No bond or deposit
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5 for costs shall be required for such appeal.
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6 C. Upon filing the notice of appeal, the board of adjustment
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7 shall forthwith transmit to the court clerk the original, or
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8 certified copies, of all papers constituting the record in the case,
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9 together with the order, decision, or ruling of the board.
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10 D. The appeal shall be heard and tried de novo in the district
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11 court. All issues in any proceedings under this section shall have
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12 preference over all other civil actions and proceedings.
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13 E. 1. During the pendency of such an appeal, the effectiveness
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14 of a decision of the board of adjustment shall not be suspended
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15 unless a party applies to the district court for a stay pending the
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16 district court's determination of the merits of the appeal. Notice
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17 of such application shall be given by first class mail to all
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18 parties, to the district court appeal, and to any applicant before
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19 the board of adjustment. Upon filing of an application for stay in
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20 the district court, all proceedings in furtherance of the action
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21 appealed from shall be temporarily stayed pending the outcome of a
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22 hearing regarding the stay, which shall be conducted within thirty
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23 (30) days of application. The Court shall determine whether to
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24 impose a stay by considering the following factors: (i)
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1 a. the likelihood of success on the merits by the party
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2 seeking to impose the stay, (ii)
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3 b. irreparable harm to the property interests of the
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4 party seeking to impose the stay if the stay is not
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5 imposed, (iii)
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6 c. relative effect on the other interested parties, and
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7 (iv)
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8 d. public policy concerns arising out of the imposition
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9 of the stay.
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10 2. If the court determines to impose a stay, the court shall
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11 require a bond or other security and such other terms as it deems
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12 proper to secure the rights of the parties and compensate for costs
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13 of delay. A bond or other security shall be posted within ten (10)
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14 business days of the court's determination; provided, that a
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15 municipal governing body shall not be required to post a bond.
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16 Subject to subsection A of Section 990.3 of Title 12 of the Oklahoma
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17 Statutes, a stay pursuant to this subsection shall automatically
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18 dissolve after a judgment, decree, or final order resolving the
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19 merits of the appeal is filed with the court clerk. Notwithstanding
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20 any provision of law to the contrary, stays in appeals from the
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21 board of adjustment to the district court shall be obtained only as
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22 set forth in this section.
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23 F. The district court may reverse or affirm, wholly or partly,
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24 or modify the decision brought up for review. Costs shall not be
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1 allowed against the board of adjustment unless it shall appear to
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2 the district court that the board acted with gross negligence or in
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3 bad faith or with malice in making the decision appealed from. An
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4 appeal shall lie from the action of the district court as in all
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5 other civil actions. A party may obtain a stay of the enforcement
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6 of the district court's judgment, decree, or final order as provided
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7 by Section 990.4 of Title 12 of the Oklahoma Statutes.
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8 G. In any municipality where the governing body does not serve
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9 as the board of adjustment, the governing body may, except as
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10 otherwise provided by that municipality's charter, provide that the
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11 decisions of the board on matters within its jurisdiction are final
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12 subject to judicial review or are final subject to appeal to the
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13 governing body and the right of later judicial review or are
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14 advisory to the governing body.
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15 SECTION 4. AMENDATORY 11 O.S. 2021, Section 45-104, is
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16 amended to read as follows:
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17 Section 45-104. A. Before final action may be taken by any
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18 municipality or department thereof on the location, construction, or
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19 design of any public building, statue, memorial, park, parkway,
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20 boulevard, street, alley, playground, public ground, or bridge, or
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21 the change in the location or grade of any street or alley, the
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22 question shall be submitted to the planning commission for
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23 investigation and report. Counties and school districts may be
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24 exempted from the payment of a fee to obtain any license or permit
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1 required by a zoning, building, or similar ordinance of a
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2 municipality.
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3 B. All plans, plats, or replats of land laid out in lots or
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4 blocks, and the streets, alleys, or other portions of the same,
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5 intended to be dedicated to public or private use, within the
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6 corporate limits of a municipality, shall first be submitted to the
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7 municipal planning commission for its approval or rejection. Before
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8 said the plans, plats, or replats shall be entitled to be recorded
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9 in the office of the county clerk, they shall be approved by the
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10 municipal governing body. It shall be unlawful to offer and cause
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11 to be recorded any such plan, plat, or replat in any public office
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12 unless the same shall bear thereon, by endorsement or otherwise, the
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13 approval of the municipal governing body. Any plat filed without
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14 the endorsed approval of the municipal governing body shall not
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15 import notice nor impose any obligation or duties on the
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16 municipality. The disapproval of any such plan, plat, or replat by
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17 the municipal governing body shall be deemed a refusal of the
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18 proposed dedication shown thereon.
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19 C. The municipal planning commission may exercise jurisdiction
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20 over subdivision of land and adopt regulations governing the
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21 subdivision of land within its jurisdiction. Any such regulations,
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22 before they become effective, shall be approved by the municipal
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23 governing body and shall be published as provided by law for the
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24 publication of ordinances. Such regulations may include provisions
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1 as to the extent to which streets and other ways shall be graded and
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2 improved and to which water, sewer, and other utility mains, piping,
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3 or other facilities shall be installed as a condition precedent to
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4 the approval of the plat. The regulations may provide for a
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5 tentative approval of the plat before such installation. Any such
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6 tentative approval shall be revocable for failure to comply with
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7 commitments upon which the tentative approval was based and shall
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8 not be entered on the plat. In lieu of the completion of any
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9 improvements or utilities prior to the final approval of the plat,
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10 the commission may accept an adequate bond with surety, satisfactory
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11 to the commission, to secure for the municipality the actual
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12 construction and installation of the improvements or utilities at a
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13 time and according to specifications fixed by or in accordance with
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14 the regulations of the commission, and further conditioned that the
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15 developer will pay for all material and labor relating to the
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16 construction of the improvements. The municipality may enforce said
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17 such bond by all appropriate legal and equitable remedies. Nothing
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18 in this section shall be construed as granting to any municipality
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19 or planning commission the power to direct any public utility to
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20 extend its services to any particular area.
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21 D. Upon adoption of the regulations governing the subdivision
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22 of land as provided in subsection C of this section, no plat or deed
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23 or other instrument concerning the subdivision of land within the
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24 corporate limits of a municipality shall be filed with the county
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1 clerk until it has been approved by the municipal planning
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2 commission of that municipality in accordance with the officially
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3 adopted regulations of subdivisions of that commission. If such
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4 approval is needed, the approval shall be endorsed on the face of
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5 the plat, or in the case of a deed or other instrument, in the form
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6 of a special subdivision certificate. If the adopted regulations
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7 exempt a certain subdivision of land from the approval requirement,
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8 the municipal planning commission shall provide to the county clerk
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9 an exemption statement to accompany the deed or instrument to be
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10 filed.
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11 E. A municipality which contains large areas of rural land not
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12 served by water and sewer facilities by the municipality shall
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13 authorize the use of private roadways in either platted or unplatted
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14 areas and shall issue building permits to property owners whose
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15 property is abutting upon the private roadways, without complying
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16 with standards as provided for dedicated streets, subject to the
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17 following conditions:
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18 1. The private roadway easement shall be at least fifty (50)
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19 feet in width; and
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20 2. The property abutting upon the private roadway shall contain
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21 not less than two (2) acres; provided, however, if the covenants of
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22 the subdivision allow for Evapotranspiration Absorption Systems
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23 evapotranspiration absorption systems or an Aerobic Wastewater
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24 Treatment System aerobic wastewater treatment system, the property
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1 abutting upon the private roadway may contain not less than one (1)
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2 acre; and
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3 3. The property shall be more than one-fourth (1/4) mile from
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4 sewer and water facilities furnished by the municipality; and
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5 4. The private roadway shall not be dedicated to the public but
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6 reserved for future dedication and, until such future dedication,
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7 shall be the private roadway of the owners of the abutting property;
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8 and
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9 5. The private roadway shall be maintained by the owners of the
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10 property within the subdivision; and
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11 6. The municipality shall have no responsibility for the
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12 maintenance or repair of the private roadway; and
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13 7. If the property is platted, there shall be emblematized on
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14 the face of the plat, clearly conspicuous, a notice that the streets
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15 and drives have not been dedicated to the public and that the
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16 streets shall be maintained by the private property owners within
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17 the subdivision. Said Such streets shall always be open to police,
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18 fire, and other official vehicles of all state, federal, county, and
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19 municipal agencies; and
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20 8. Every deed shall clearly acknowledge that the roadway is
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21 private and not maintained by the municipality; and
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22 9. Prior to the sale of any parcel of land in the subdivision,
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23 a conspicuous sign shall be posted at the entrance to the
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24 subdivision: "Private roadway not maintained by __________ (the
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1 municipality)". At any time after the municipality permits the use
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2 of said such private roadway, a petition of the owners of at least
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3 sixty percent (60%) of the area of the land to improve and dedicate
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4 the street shall bind all of the owners thereby to permanently
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5 improve the street or roadway in compliance with the requirements of
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6 the municipality; and
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7 10. The planning commission may require the developer of such
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8 property to reserve appropriate utility easements for water, sewer,
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9 and any other utility installations as may be required for present
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10 and future development.
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11 F. The planning commission and the governing body of a
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12 municipality shall have reasonable discretion to determine the
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13 compliance of preliminary and final plats with the municipality's
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14 adopted subdivision regulations and all applicable codes and
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15 ordinances. If the planning commission and governing body determine
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16 the proposed plat is in compliance with the adopted subdivision
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17 code, and meets all applicable ordinances, and the governing body
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18 and planning commission accept any proposed dedications, if
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19 applicable, the plat shall be approved.
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20 G. While comprehensive plans may be utilized as a guide in the
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21 decision-making process, determinations shall be made using
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22 applicable objective and relevant facts as to proposed plats as well
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23 as utilizing processes, standards, and requirements outlined in the
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1 municipal code. Compliance with comprehensive plans shall not be a
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2 requirement for plat approval.
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3 H. In the case of a preliminary or final plat denial, if
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4 requested by the applicant at the meeting on the vote, the city
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5 attorney or contracted counsel shall identify on the record the
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6 basis for the denial, including at a minimum all of the applicable
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7 objective and relevant facts upon which the denial is based.
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8 SECTION 5. This act shall become effective November 1, 2025.
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Req. No. 1426 Page 12Every fact on this page links to its source, starting with the official bill record.