§ 62-912. Responsibilities of units of local government - Joint planning programs - Local capital improvement plans.

A.  Each unit of local government, subject to the limitations and requirements of the Local and Regional Capital Improvement Planning Process Act, is encouraged to:

1.  Plan for future development, growth, and improvement; and

2.  Adopt and amend local capital improvement programs consistent with the provisions of the Local and Regional Capital Improvement Planning Process Act.

B.  1.  A unit of local government's responsibility for the preparation or amendment of its capital improvement program is governed by the provisions of this section.  Where procedures for local adoption of capital improvement plans are governed by other provisions of state law or municipal charter or ordinance, the unit of local government may modify the procedural requirements of this subsection as long as a broad range of opportunity for public comment and review is preserved.

2.  Each unit of local government which prepares or amends a capital improvement program shall ensure that said program is consistent with the goals, guidelines and other provisions of the Local and Regional Capital Improvement Planning Process Act.

3.a.The governing officers of a unit of local government or combination of units shall designate and establish a local planning committee which shall have the general responsibility for the development and maintenance of a local capital improvement plan.  The committee shall:

(1)conduct public hearings and solicit and encourage citizen input, and

(2)prepare the local capital improvement plan and make recommendations to the local governing body regarding the adoption and implementation of the program or amended program.

b.The governing officers of a unit of local government or combination of units may solicit bids from persons or regional planning councils to act as the local planning committee.

4.  In order to encourage citizen input and participation, units of local government are directed to adopt local capital improvement plans only after soliciting and considering a broad range of public review and comment.

5.  The local planning committee shall conduct its meetings in accordance with the provisions of the Oklahoma Open Meeting Act.  The committee shall hold at least one public hearing on its proposed local capital improvement plan.  A copy of the proposed plan shall be made available for public inspection at a convenient location during normal public hours at least thirty (30) days prior to the hearing.

6.  Any comments and suggestions within the established time limits shall be considered by the committee and may be adopted.  All comments and suggestions shall be made available for public inspection.

7.  A unit of local government may seek technical assistance, comments and suggestions on format, applicability and potential financing options from the Long Range Capital Planning Commission, the Oklahoma Department of Commerce and the State Bond Advisor.

8.  The proposed capital improvement plan shall be considered adopted when it has been accepted by the governing body of the unit of local government.

9.  After adoption, a copy of the capital improvement plan shall be forwarded to the appropriate regional planning council by the units of local government.

10.  Each regional planning council shall incorporate the capital improvement plans into a regional capital improvement plan.

11.  Regional capital improvement planning shall be the responsibility of the regional planning councils.

C.  Cooperative local improvement planning efforts conducted by two or more units of local government shall comply with the provisions of this subsection.

1.  A unit of local government shall exercise planning authority over the total land area within its jurisdiction.

2.  Any combination of contiguous units of local government may conduct joint planning programs to fulfill the responsibilities established under this act.  The units shall agree:

a.on procedures for joint action in the preparation and adoption of local capital improvements plans,

b.on the manner of representation, and

c.on the amount of contribution from each for any costs incurred in the development of the local capital improvements plan.

3.  The agreement shall be in writing, approved by the governing bodies of the units of local government, and forwarded to the Long Range Capital Planning Commission.

D.  A local capital improvement plan shall include an inventory and analysis section addressing state goals under this act and issues of local or regional significance.  The format of the inventory and capital improvement plan and process shall be based on information provided by the Oklahoma Department of Commerce.  The analysis shall include ten-year projections of local and regional growth in population and residential, commercial and industrial activity, the projected need for public facilities, and the vulnerability of and potential impacts on natural resources.

1.  The inventory and analysis section shall include but not be limited to:

a.a legal description and general area description of the area address,

b.economic and demographic data describing the unit of local government and the region within which it is located,

c.existing transportation systems, including the capacity of existing and proposed major thoroughfares, secondary routes, pedestrian ways and parking facilities,

d.land use information which describes current and projected development patterns,

e.an assessment of the age of all capital facilities and an assessment of the existing technology of all capital projects,

f.an assessment of capital facilities and public services necessary to support growth and development and the costs of those facilities and services, and

g.an analysis of projections of revenues available from all sources including general funds, bond issues, special funds, and federal funds.

2.  The plan shall include a policy development section which relates the findings contained in the inventory and analysis section to the state goals.  The policies shall:

a.promote the state goals under the Local and Regional Capital Improvement Planning Process Act,

b.address any conflicts between state goals in the Local and Regional Capital Improvement Planning Process Act,

c.address any conflicts between regional and local issues, and

d.address financing policies and capabilities of the state and of units of local government and any special districts.

3.  The plan shall contain an implementation strategy section which shall include a timetable for the implementation program.  The implementation shall be consistent with state laws and shall actively promote policies developed during the planning process.  The timetable shall identify significant issues to be presented to a vote of the people in the implementation program.  In developing its strategies and subsequent policies and capital improvement plans each unit of local government shall:

a.identify and designate at least two basic types of geographic areas.  Growth areas are those suitable for orderly residential, commercial and industrial development forecast over the next ten (10) years.  Rural areas are those areas where protection should be provided for agricultural, forest and scenic lands, and

b.develop a capital investment plan for financing the replacement and expansion of public facilities and services required to meet projected economic growth and development.

4.  An implementation program shall be adopted that is consistent with the strategies in paragraph 3 of this subsection.

5.  The capital improvement plan shall be coordinated with existing or future comprehensive plans adopted by local units of government.

E.  A unit of local government periodically shall review and revise its local capital improvement plan in a timely manner to account for changes caused by growth and development.  At a minimum, the unit of local government shall update the program at least once every three (3) years in accordance with the provisions of this section.

Added by Laws 1992, c. 330, § 5, emerg. eff. May 28, 1992.