§ 50-14. - Streets development fees.
(a) The City hereby adopts streets development fees. As used in this Section 50-14:
(1) Development fee means any payment of money imposed, in whole or in part, as a condition of approval of any building permit, plat approval, or zoning change, to the extent the fee is to pay for public infrastructure systems that are attributable to new development or to expanded or modified development.
(2) Expanded or modified development is one in which the expansion or modification results in an increased demand or increased impact upon the public infrastructure system as compared to the demand or impact prior to the expansion or modifications.
(3) Public infrastructure system includes any real property improvement, fixture, or accession that is included within the street systems, including roads, streets, boulevards, bridges, sidewalks, bicycle routes, drainage, traffic signals and systems, traffic control devices and signage, traffic calming devices, landscaping associated with street rights-of-way, and any local components of county, state, or federal highways to the extent and to the proportionate cost that the local components are not funded by state or federal grants or other state or federal permanent funding sources.
(4) Public infrastructure system costs means capital improvements that have a projected useful life of at least ten (10) years or more, and that result in an increase or expansion to the functional service capacity of that public infrastructure system.
(5) Development means any improvement to real property to which square feet of development, as defined in this Section 50-14, is constructed or added.
(6) Square feet of development means the cumulative number of square feet of additional gross building floor area of development (new, expanded or modified) as determined from the exterior of each floor of all roofed structures(s) in the development, except that parking structures, garages and other roofed accessory structures including sheds, patios, canopies and porches constructed as part of developments shall not be included in gross building floor area measurements.
a. The square feet of development shall be established by comparing the cumulative number of square feet of gross building floor area of the entire development existing at the time of the effective date of this Ordinance based upon existing building permits and the cumulative number of square feet of gross building floor area of the entire development to exist after completion of the work. The City may verify and correct any calculation of square feet of development after completion of the work and prior to the issuing a certificate of occupancy.
b. Should the owner of a development hereafter obtain a demolition permit and raze all or a portion of an existing development, then the number of square feet of development razed as indicated on the City demolition permit will not be included in the cumulative number of square feet of additional gross building floor areas subject to the streets development fees. Provided, however, no credit or refund will be issued if the new development is smaller than the previous development that was demolished.
c. The developer must present, at the time of obtaining a building permit, such official City documentation as prior building permit(s) or demolition permit(s), necessary to establish previously existing square feet of development. Should the developer not have such official City document, then the developer will have the obligation and burden of proof to provide such other documentation, as may be required by the Development Services Director, to provide clear and convincing evidence of the number of square feet of development constructed or razed in accordance with City ordinances, permits and procedures.
(7) Service area means a geographic area defined by the City in which the streets public infrastructure system provides service to developments within that service areas. Streets service areas, also referred to as benefit areas, are established and set forth on the Streets Service Areas / Benefits Areas Map in Chapter 60, the General Schedule of Fees.
(8) Development Services Director means the Director of the Oklahoma City Development Services Department or her/his designee.
(9) Customer-Oriented Low means those developments containing one of the land uses or classes of land uses categorized as "customer-oriented low" in the Streets Development Fee Land Use Categories Table.
(10) Customer-Oriented Moderate means those developments containing one of the land uses or classes of land uses categorized as "customer-oriented moderate" in the Streets Development Fee Land Use Categories Table.
(11) Customer-Oriented High means those developments containing one of the land uses or classes of land uses categorized as "customer-oriented high" in the Streets Development Fee Land Use Categories Table and all customer-oriented land uses not specifically included in Customer-Oriented Low or Customer-Oriented Moderate.
(12) Office/Institutional/Lodging means those developments containing one of the land uses or classes of land uses categorized as "office/institutional/lodging" in the Streets Development Fee Land Use Categories Table.
(13) Industrial means those developments containing one of the land uses or classes of land uses categorized as "industrial" in the Streets Development Fee Land Use Categories Table.
(14) Residential means those developments containing one of the land uses or classes of land uses categorized as "residential" in the Streets Development Fee Land Use Categories Table.
(15) Planning Director means the Director of the Oklahoma City Planning Department or her/his designee.
(16) Public Works Director means the Director of the Oklahoma City Public Works Department or his/her designee.
(17) Developer means a person or entity that constructs or contracts for the construction of a development.
(b) New developments and expanded or modified existing developments shall be charged a development fee for capital improvement costs for increases or expansion to the capacity of public infrastructure systems attributable to that development.
(c) Development fees may not be used to fund repairs, maintenance, restorations, or fixes to existing public infrastructure systems. Development fees may only be used to fund refurbishments, alterations, or improvements to existing public infrastructure systems if such refurbishments, alterations, or improvements, result in an increase or expansion in the functional service capacity of the streets system available to serve new or expanded existing growth in the applicable service area(s) or benefit area(s).
(d) Development fees are hereby imposed to recover or fund the streets public infrastructure system expansion costs, including, but not limited to, the cost of real property interest acquisitions, rights-of-ways, capital improvements, design, construction, inspection, and capital improvement construction administration. As used herein, design also includes preliminary design which can include preliminary engineering and other activities and analyses, including but not limited to: environmental assessments, topographic surveys, metes and bounds surveys, geotechnical investigations, hydrologic analysis, hydraulic analysis, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, and general estimates of the types and quantities of materials, and other work needed to establish parameters for the final design of capital improvements for the streets public infrastructure system.
(e) A schedule specifying the streets development fee for various land uses per square feet of development is established in Chapter 60, the General Schedule of Fees. Should the primary land use of a development not fit within a general land use category set forth in the Street Development Fee Land Use Categories Table, then the Development Services Director is authorized to determine the appropriate land use category to which the primary land use of the development best fits, subject to the appeal process in Subsection (k) below.
(f) The City has established service areas for the collection and expenditure of streets development fees. Development fees collected in a service area or benefit area will be expended in the affected service area(s) or benefit area(s) to pay or reimburse all or a portion of the public infrastructure system costs to increase or expand the functional service capacity of the public infrastructure system in those service area(s) or benefit area(s) encompassing or affected by the development from which the funds were collected. If a development spans more than one service area or benefit area, then the development fees will be collected and expended proportionately in the respective service areas to pay all or a portion of the public infrastructure system costs to increase or expand the functional service capacity of the public infrastructure system in that service area or benefit area. The Public Works Director will determine how collected streets development fees will best be expended to expand the public infrastructure systems to increase the functional service capacity of the public infrastructure system in the service area / benefit area.
(g) The streets development fees will be held in an interest bearing account in accordance with City investment policies and practices. Interest earned in a streets development fund collected from a service area or benefit area shall only be spent for public infrastructure system costs that expand or increase the functional service capacity of the public infrastructure system in that service area or benefit area encompassing the development from which the funds were collected. If a development spans more than one service area or benefit area, then the interest earned on development fees will be expended proportionately in the respective service area or benefit area to pay all or a portion of the public infrastructure system costs to increase or expand the functional service capacity of the public infrastructure system in that service area or benefit area.
(h) Assessments of streets development fees shall be in writing and a copy shall be provided to the developer and property owner(s) affected, as such names and addresses of the property owner(s) are provided by the developer. The assessment will specify the purpose of the development fee, the service area or benefit area(s) for which the development fee is being collected, the basis for calculation of the development fee, and the amount of the development fee.
(i) A streets development fee collected for one purpose shall not be devoted to another purpose except as hereinafter provided. If the purpose, component capital improvement plan, or a service area or benefit area is changed or redrawn, or if a development spans more than one service area or benefit area, the development fees collected prior to the change shall be spent proportionately pursuant to the new purpose or within the new service area or benefit area(s) that encompass the development at the time of expenditure from which the fee was originally collected.
(j) If the City determines that the development fees as collected within a service area or benefit area are no longer needed or desired for the purpose for which they were collected, the City may either refund the collected fees to the current property owners of the development from which the fees were paid (or to the payor(s) of such fees to the extent allowable by State law, as amended from time to time), or proceed through the hearing process to adopt a new purpose for the fees. Should a refund be issued under this Subsection (j), then a single check will be issued in the names of all the current property owners as ownership is then shown in the records of the County Assessor (or to the payor(s) of such fees to the extent allowable by State law, as amended from time to time).
(k) The developer or building permit applicant must pay and the City will collect the streets development fees at the time of and as a pre-condition to issuing a building permit and any supplemental building permits. Development fees must be paid at the time of the issuance of a building permit or supplemental building permit for the development or the building permit or supplement will not be issued. No development may be constructed until a building permit is issued. The permit applicant may request and the Development Services Director may grant a deferral of the payment of the streets development fees until the time of the issuance of the certificate of occupancy, provided, however, the streets development fees must be paid prior to issuance of the certificate of occupancy at the then current rate. The development fees for each development will be determined and calculated based upon the square feet of development as defined in this Section 50-14, the streets development fee Assessment Area Classification as set forth on the Development Fee Assessment Areas Category Map in Chapter 60, the General Schedule of Fees, the rate per square foot of development as set forth in Chapter 60, General Schedule of Fees, and the land use(s) of the development in this Section 50-14. For a development with multiple land uses (as defined in this Section 50-14), the square feet of development will be determined for each land use and the development fees will be the cumulative total of all square feet of development for each land use within the development.
(1) Should the building permit applicant dispute the determination of the City staff of the calculation of square feet of development, or the number of square feet of development designated in a Land Use Category, and/or the assessment area or service area/benefit area in which the development is situated, or any other basis for the City's calculation of the fee, then the building permit applicant must, within 30 days of such calculation, submit:
a. a copy of the building permit application and any previously issued building permits, demolition permits, and certificates of occupancy,
b. the determination by City staff,
c. a copy of the final approved development plan for that development, and
d. a written statement, not to exceed three pages, explaining the applicant's calculations and basis for the appeal.
Should the building permit applicant provide such written notice of the appeal with all required documents to the Development Services Director within 30 days, the Development Services Director will review the appeal and provide the building permit applicant an opportunity to be heard, within ten days of the appeal filing, in the form of a meeting or teleconference. Subsequent to the hearing, the Development Services Director will make a written determination, which determination will be final. Notice of the determination may be issued by electronic mail or by paper copy and will be sent to the building permit applicant. Failure of the building permit applicant to timely appeal within 30 days will be deemed a waiver of the right to appeal and agreement as to the determination of the streets development fees by City staff.
(2) Should the building permit applicant dispute the determination of the Development Services Director of the calculation of square feet of development, or the number of square feet of development designated in a Land Use Category, and/or the assessment area or service area/benefit area in which the development is situated, or any other basis for the City's calculation of the fee, then the developer must, within five business days of such calculation, submit formal written notice of appeal to the Board of Adjustment in accordance with Board of Adjustment policies also including:
a. a copy of the building permit application and any previously issued building permits, demolition permits, and certificates of occupancy,
b. the determination by Development Services Director,
c. a copy of the final approved development plan for that development, and
d. a written statement, not to exceed three pages, explaining the applicant's calculations and basis for the appeal.
Should the building permit applicant provide such written notice of the appeal of the determination of the Development Services Director with all required documents to the Development Services Director within 30 days, then the Development Services Director will use his/her best efforts to docket such appeal on the next available agenda of the Board of Adjustment in accordance with Open Meeting and City docketing procedures. The Board of Adjustment will review the appeal and provide the building permit applicant an opportunity to be heard at the public meeting of the Board of Adjustment. At the meeting or a subsequent meeting, the Board of Adjustment will make a determination by a majority vote of the members of the Board present at that meeting wherein a quorum is present. The Board of Adjustment may determine the number of square feet of development, or the number of square feet of development designated in each Land Use Category, and the assessment area or service area/benefit area in which the development is situated, or the correct development fee to be assessed based on the calculations herein. The Board of Adjustment may not waive development fees, issue refunds, or grant credits or exemptions. Notice of the determination of the Board of Adjustment will be sent by the Development Services Director to the building permit applicant. This determination of the Board of Adjustment is the final decision of the City. Failure of the building permit applicant to timely appeal within 30 days of the Board of Adjustment decision will be deemed a waiver of the right to appeal and agreement as to the determination of the parks development fees by the Board of Adjustment.
(3) Prior to issuing an occupancy permit, the City may compare the square feet of development as actually constructed and the square feet of development as authorized in the building permit. The City may verify and correct any calculation of square feet of development after completion of the work and any determination of use prior to the issuance of a certificate of occupancy. Should the square feet of development as constructed exceed the square feet of development as authorized in the building permit or should the use of the development be different than in the building permit application, then the developer or property owner must obtain a supplement to the building permit and any additional streets development fees must be paid prior to the issuance of the certificate of occupancy. For any streets development fee deferred until issuance and as a pre-condition of the certificate of occupancy and any additional streets development fee due for a supplemental building permit as provided herein, the developer or property owner must pay the streets development fees in effect at the time of the issuance of the certificate of occupancy or any supplemental permit, respectively. The building permit applicant will have the same right to appeal the additional development fees under the same time limitations, requirements and procedures as set forth in Subsection (k)(1) and (2) above.
(4) No refund of streets development fees will be issued as a result of the failure of the building permit applicant to construct all of the square feet of development authorized in the building permit. Provided, however, the subject property will be credited for the development fee payment received.
(l) Reserved.
(m) Subject to the provisions and limitations of 62 O.S. § 895, and the requirement that development exactions by the City shall not exceed a clear, ascertainable, and reasonably determined proportionate share of the cost of capital improvement to the public infrastructure system attributable to the expansion or increase in functional service capacity generated, or to be generated by, the development being charged the fee, nothing in this Section 50-14 will:
(1) Preclude the City from requiring a developer, and the City reserves the right to require a developer to, donate or dedicate real property or capital improvements, or to install, construct, operate, maintain, or repair capital improvements, including, but not limited to, the following local, adjacent, and site-specific, development-related street and sidewalk improvements to the extent that such improvements are planned as part of the development approval process and as may be required by zoning, the subdivision regulations or other regulations or ordinances of the City:
a. right and left turn lanes that provide access into and out of the proposed development, and
b. City-required sidewalks along and/or around the development in accordance with ADA Standards or through reasonable accommodations acceptable under the ADA, and
c. traffic signals:
1. if the traffic signal is required by zoning, the subdivision regulations or other regulations or ordinances of the City, or
2. if the traffic signal is requested by the developer,
Any such improvement must be constructed in accordance with City policies, practices, and/or traffic studies or evaluations and in accordance with engineering design guidelines of the City. Determinations of the Traffic and Transportation Commission are subject to appeal as provided in Oklahoma City Municipal Code Section 2-751.
Provided, an improvement required under subsection 50-14(m)(1) does not entitle a developer a streets development fee exemption under 50-14(m)(3).
(2) Require a credit against or an adjustment to a streets development fee for contribution of, or to the cost of, any real property or capital improvement provided by a developer.
(3) A developer may request and the City may contract (with a developer for the developer to make infrastructure improvements to arterial streets, at developers sole cost, and the City may grant the developer an exemption to streets development fees equal to the cost of such improvements approved by the City and up to, but not in excess of the amount of the streets development fees for the designated development. To be eligible for an exemption to the streets development fees, any such improvements to an arterial street must meet the following criteria:
a. includes a new through-lane at least the length of the development and any needed merging distance beyond the development; or
b. includes intersection improvements with engineered left and/or right turn lane(s); or
c. includes a new traffic signal, if the traffic signal:
1. meets a published Manual on Uniform Traffic Control Devices warrant standard; and
2. includes intersection improvements with engineered left and/or right turn lane(s); and
3. has been approved by the Traffic and Transportation Commission.
Additionally, construction plans for such public improvement(s) have been submitted, reviewed, and approved by the City Engineer prior to commencement of construction, and the developer must have tendered, with the approved plans, executed performance and maintenance bonds for the proposed public improvement to obtain a work order and to obtain the credit.
To finalize the credit, the developer must complete the public improvement in accordance with the approved plans and the public improvement must be accepted by formal action of the City Council.
(4) Provided, should the eligible and approved improvements in subsection 3 above cost more than the applicable streets development fee for the designated development, no additional exemption, and no credit, adjustment or refund will be granted to the developer for the designated development or any other development as a result thereof. Provided, further, the improvements must be constructed in accordance with City standards and procedures. In conjunction with any such contract the developer will provide a performance and maintenance bond in the amount of the estimated cost of the improvement in accordance with City policies and procedures. Nothing herein obligates the City to:
a. enter such a contract, or
b. contract for improvements that only partially address traffic needs, or
c. prioritize improvements to that arterial street improvement, or
d. finance improvements to that arterial street improvement.
(n) No credit or adjustment shall be carried over from one development to another development at a different location. No credit or adjustment will be carried over from one development to a subsequent development at the same location, unless the development fee collected previously is for the same purpose, making any subsequent collection a repeat charge for the same purpose.
(o) Development fees shall be deemed dedicated and restricted revenues and therefore shall require accounting for development proceeds as restricted funds. Interest earned on development fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development fees under the provisions of this Section 50-14. Development fees and the interest earned thereon will be deemed to have been expended within the service area / benefit area pursuant to a first in, first out process. The accounting records and details thereof shall be maintained as public records of the municipality, be accessible to the public through open records requests (to the extent required by and in accordance with the Oklahoma Open Records Act and applicable City ordinances), and include at least the following information, as relates both to each development capital project or service area or benefit area and each public infrastructure system for each development capital project or within each service area or benefit area:
(1) The receipt of development fees;
(2) The development capital project or service area or benefit area(s) from which the development fee was collected;
(3) The accumulation of interest on the development fee funds;
(4) The type of public infrastructure system for which the funds were collected;
(5) The cost of the capital improvements to which the development fees were applied; and
(6) The dates when development fee funds were expended to fund, or applied to reimburse, the cost of capital improvements to public infrastructure systems.
(p) Reserved.
(q) The City may invest public resources in public infrastructure system costs in anticipation of development, recover those public resources through proportional reimbursement payments from development fees equal to the total cost of the public investment in those public infrastructure system costs, and subsequently expend the proceeds from those reimbursement payments for any purpose determined by the City.
(r) Streets system development fees will continue to be collected until the City Council declares by formal resolution that the public infrastructure system for the streets system has been fully funded and that expanded or modified development will have no additional impact on the streets public infrastructure system. The City may terminate collection of such development fees at any time by formal resolution.
(s) No refund or credit may accrue or be given for any existing or future development that reduces square feet of development or fails to construct square feet of development as authorized by a building permit or supplement.
(t) The land use categories applicable to developments for purposes of determining the streets development fees are established in the following Land Use Categories table. If a development has multiple land uses, then the Development Services Director shall determine which land use category more likely applies to the impact that development has on streets and will assign one or more land use categories to the development. If the Development Services Director determines that a development includes multiple clearly severable land uses, then the Development Services Director will designate different land use categories to certain square feet of development and will apportion the square feet of development to such land use categories.
Land Use Categories
Land Use Category | Institute of Transportation Engineers (ITE) Land Use Code
Residential
Single-Family Detached Housing | 210
Apartment/Multifamily | 220
Condominium/Townhouse | 230
Mobile Home | 240
Assisted Living | 254
Nursing Home | 620
Industrial
General Light Industrial | 110
General Heavy Industrial | 120
Industrial Park | 130
Manufacturing | 140
Warehousing | 150
Mini Warehouse (Self-Storage) | 151
Furniture Store | 890
Office/Institutional/Lodging
Hotel | 310
Motel/Other Lodging Facilities | 320
Racquet/Tennis Club | 491
Elementary School | 520
Middle/Jr. High School | 522
High School | 530
Church | 560
General Office | 710
Corporate Headquarters | 714
Single Tenant Office Building | 715
Office Park | 750
Research & Development Center | 760
Business Park | 770
Customer-Oriented Low
Golf Course | 430
Miniature Golf Course | 431
Golf Driving Range | 432
Bowling Alley | 437
Ice Skating Rink | 465
Health/Fitness Club | 492
Athletic Club | 493
Recreational Community Center | 495
Junior/Community College | 540
University/College | 550
Library | 590
Hospital | 610
Clinic | 630
Medical-Dental Office | 720
Government Office Complex | 733
Building Materials & Lumber Store | 812
Free-Standing Discount Superstore (Includes Grocery) | 813
Specialty Retail Center (Small Strip Shopping Center) | 814
Free-Standing Discount Store | 815
Hardware/Paint Store | 816
Nursery (Garden Center) | 817
Nursery (Wholesale) | 818
Shopping Center | 820
Factory Outlet Center | 823
Car Sales | 841
Automobile Parts Sales | 843
Tire Store | 848
Tire Superstore | 849
Discount Club | 861
Home Improvement Superstore | 862
Electronics Superstore | 863
Discount Home Furnishing Superstore | 869
Arts & Crafts Store | 879
Pharmacy/Drugstore without Drive-Through | 880
Pharmacy/Drugstore with Drive-Through | 881
Quality Restaurant | 931
Quick Lubrication Vehicle Shop | 941
Automobile Care Center | 942
Self-Service Car Wash | 947
Automated Car Wash | 948
Customer-Oriented Moderate
Movie Theater without Matinee | 443
Movie Theater with Matinee | 444
Multiplex Movie Theater | 445
Daycare Center | 565
Government Office Building | 730
U.S. Post Office | 732
Supermarket | 850
Discount Supermarket | 854
Apparel Store | 870
Walk-in Bank | 911
Drive-in Bank | 912
High Turnover (Sit-Down) Restaurant | 932
Customer-Oriented High
State Motor Vehicles Department | 731
Convenience Market (Open 24 Hours) | 851
Convenience Market with Gasoline Pumps | 853
Fast Food Restaurant without Drive-Through | 933
Fast Food Restaurant with Drive-Through | 934
Gasoline/Service Station | 944
Gasoline/Service Station with Convenience Market | 945
Gasoline/Service Station with Convenience Market & Car Wash | 946
(Ord. No. 25374, § 2, 4-26-16; Ord. No. 27413, § 1, 8-29-23)
