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HomeMy WebLinkAboutOrdinance 92-15 ORDINANCE NO. 92-~ CITY OF OCOEE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO DEVELOPMENT REVIEW FEES; REPEALING IN ITS ENTIRETY ORDINANCE NO. 92-05 AND SECTION 6 OF CHAPTER 2 OF APPENDIX A OF THE OCOEE CITY CODE; ADOPTING A NEW SECTION 6 OF CHAPTER 2 OF APPENDIX "A" OF THE OCOEE CITY CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN OBLIGATION TO PAY A FLAT FEE AND ESTABLISHING COLLECTION PROCEDURES; PROVIDING FOR AN OBLIGATION TO PAY REVIEW COSTS; PROVIDING FOR A COLLECTION PROCEDURE FOR REVIEW COSTS AND REVIEW DEPOSITS; PROVIDING FOR A LIEN IN REAL PROPERTY FOR NON-PAYMENT OF REVIEW COSTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the policy of the city commission of the ci ty of Ocoee that whenever possible, the costs of development shall be incurred by the developer, and not by the taxpayers in general; and WHEREAS, the city commission of the city of Ocoee believes the most practical method of defraying the costs of development review functions is through a system of fees directly associated with actual and/or historical staff, advertising, legal, consultant and engineering expenses; WHEREAS, the city Commission of the City of Ocoee has found it in the best interests of the City to retain non-staff legal, consultant and engineering assistance in connection with the review and processing of development applications and to pass on to the developer the expenses incurred in retaining such non-staff assistance; and WHEREAS, the administrative procedures set forth below in this ordinance establish an accurate method of assessing the costs of development review functions. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE: The city commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the constitution of the state of Florida and Chapters 163 and 166, Florida statutes. SECTION TWO: Ordinance No. 92-05 and the present Section 6 of Chapter 2 of Appendix A of the Code of Ordinances of the city of Ocoee, Florida are hereby repealed in their entirety. SECTION THREE: A new Section 6 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: SECTION 6 DEVELOPMENT REVIEW FEES A. Definitions. For the purposes of this Section 6, the following terms shall have the meanings set forth below unless otherwise indicated by the context: 1.. "Applicant" shall mean and refer to an Owner or an Owner's Authorized Agent who submits an Application to the City. 2 2-. "Application" shall mean and refer to an application or petition submitted to the City for (i) approval of a proposed Project, (ii) subdivision or site plan review, including any revisions to a previously approved subdivision or site plan, (iii) annexation and initial zoning, (iv) rezoning (with or without a comprehensive plan amendment), (v) a comprehensive plan amendment, (vi) a variance, (vii) a special exception, (viii) approval of a Land Use Plan for a Planned unit Development or any amendments to a previously approved Land Use Plan for a Planned Unit Development, (ix) transfer of development rights, (x) determination of vested rights, (xi) a concurrency determination, (xii) a concurrency capacity reservation, (xiii) approval of a development of regional impact and/or (xiv) such other applications as designated by resolution of the city commission. For the purposes hereof, "Application" shall refer to any one of the aforementioned applications 3 and "Applications" shall refer to two or more of the aforementioned applications. .1. "Development Review Fee" shall mean and refer to the combination of the Flat Fee established pursuant to this section 6 and the Review Costs to be paid by an Applicant pursuant to this section 6. .1. "Flat Fee" shall mean and refer to the non-refundable flat fee from time-to-time established by resolution of the city Commission to be paid by an Applicant at the time of the filing of an Application. The Flat Fee shall be for the purpose of covering the cost of City staff time dedicated to the review and processing of an Application and all advertising costs in connection with the processing of an Application. For the purposes hereof, staff time encompasses Development Review Committee meetings, individual staff review time, clerical time and site inspections. Where expressly provided by this section 6, the Flat Fee shall also be for the purpose of covering the City Attorney, legal, consultant, and engineering fees and costs incurred by 4 the City in reviewing and processing an Application. 2. "Owner" shall mean and refer to an Owner or group of Owner's of fee simple title to a particular lot, tract, or parcel of real property. For the purposes hereof, a Master Property Owner's Association shall, except with respect to annexation applications, be considered an Owner as to the area subject to it, provided specific authorization is given to such application in accordance with the declaration, articles, and by-laws, and that the association submits an opinion from an attorney admitted to practice in the state of Florida confirming such authorization. 2. "Owner's Authorized Agent" shall mean and refer to an agent of the Owner duly authorized to submit an Application to the City. Such authorization shall be evidenced by a power of attorney signed by the Owner and notarized specifically authorizing the agent to represent the Owner in connection with the Application and as to the Owner's real property which 5 1S the subject of the Application. The authorization shall include an agreement of the Owner to be bound by the actions of the Owner's Authorized Agent and the provisions of this Ordinance. 2. "Project" shall mean and refer to each proposed subdivision, planned unit development, development of regional impact, mixed-use development, multi- family development, apartment complex or non-residential site plan. ll. "Review Costs" shall mean and refer to the costs and expenses incurred by the ci ty in connection with the review and processing of an Application, including but not limited to City Attorney's fees and costs and legal, consultant and engineering fees and costs; provided, however, that Review Costs shall not, include (i) the cost of City staff from time dedicated to the review and processing an Application and all advertising costs in connection with the processing of an Application, and (ii) city Attorney, legal, consultant and engineering fees and costs incurred by 6 the City in reviewing and processing an Application which are expressly included within the Flat Fee pursuant to the provisions of Section 6.C.2 hereof. .2.. "Review Deposit" shall mean and refer to the review deposit as from time-to-time established by resolution of the city commission to be paid by an Applicant at the time of the filing of an Application in those circumstances where Review Costs are paid by the Applicant under the provisions of this Ordinance. B. Obliqation to Pay Flat Fee and Collection Procedure. A non-refundable Flat Fee shall be paid by an Applicant in connection with every Application submitted to the city. The city commission shall from time-to-time establish by resolution a Schedule of Flat Fees to be charged for each Application. The Flat Fee shall vary based upon the type of Application and the estimated costs to be incurred by the City in reviewing and processing each type of Application. The Flat Fee may vary based upon the size, acreage or number of lots or units within a proposed Project or the acreage of a parcel of real property petitioning for annexation into the city. The Flat Fee shall be collected from the Applicant by the Planning Department at the time of filing of an Application. The Planning Department shall ensure that the Flat Fee is deposited through the City's central cashier system. No Application shall be 7 accepted by the city and no work shall be done by the city on an Application until the Flat Fee is paid in full. C. Obliqation to Pay Review Costs. 1. Except as set forth in section 6.C.2 below, every Applicant shall be responsible for the payment to the city of all Review Costs incurred by the city in connection with an Application. All such Review Costs paid by the Applicant shall be in addition to the Flat Fee. It shall be within the sole discretion of the City to determine whether or not Review Costs are incurred in connection with the review and processing of an Application. Review Costs will be invoiced to the Applicant at the same rate charged to the City by the City Attorney, legal counsel, consultant or engineer. All such Review Costs shall be paid by the Applicant in accordance with the procedures set forth in Section 6.0 below. 2. The City Attorney, legal, consultant and engineering fees and costs incurred by the City in reviewing and processing the following Applications shall be included within the Flat Fee for such Applications as from time to time established by resolution of the City commission. Accordingly, in connection with the above-referenced Applications the Applicant shall only pay a Flat Fee and shall 8 not be required to separately pay for Review Costs. In connection with all other Applications, the Flat Fee does not include the Review Costs and the Applicant shall be required to pay the Flat Fee and to pay for all Review Costs associated with the Application. .0. Collection Procedure for Review Costs and Review De?osits. 1. In connection with all Applications for which the Applicant is responsible for the payment of the Review Costs, the Applicant shall pay to the City a Review Deposit in such amount as the city commission may establish from time-to-time by Resolution setting forth a Schedule of Review Deposits; provided, however, that should the city Manager or his designee determine that the anticipated Review Deposit for a Project and/or Application is inadequate to cover the reasonable anticipated Review Costs, then the City Manager or his designee shall direct the Planning Department to adjust the amount of the Review Deposit in order to cover the reasonable anticipated Review Costs. Whenever a Review Deposit is required, it shall be collected from the Applicant by the Planning Department at the time of submission of an 9 Application. No review of any Application subject to the payment of Review Costs shall commence until the Review Deposit is paid. The Review Deposit shall be held in reserve by the city Finance Manager and returned to the Applicant: (i) upon issuance of a Certificate of Completion of the entire project or final action on the Application, whichever is later, unless it is utilized as reimbursement for non-payment of any Review Costs invoiced by the City to the Applicant, or (ii) at such time as may be mutually agreed upon by the Applicant and the city Finance Manager; provided, however, that no review of any Project and/or Application shall occur during such time as the Applicant fails to have the required Review Deposit on account with the city. 2. proi ect Account Once an Application has been submitted to the city and the Review Deposit has been collected, the City Finance Department shall establish an individual Project Account through which Review Costs and Review Deposits will be monitored. The Planning Department will ensure that the required Review Deposit is deposited through the City's central cashier system and posted to the appropriate Project Account in coordination with the city Finance Department. The 10 Project Account will be maintained throughout the entire review process until: (i) a certificate of Completion is issued or final action is taken on the Application, whichever is later, and final bills are received by the city for legal, consultant and engineering fees and costs and all of said bills are paid in full by the Applicant, or (ii) such time as may be mutually agreed upon by the Applicant and the City Finance Manager. At such time as the Project Account is closed, the Review Deposit will be refunded to the Applicant or to such person as the Applicant may designate by written notice to the city. 3. ci ty Invoices and Collection Procedures; Lien on Real Property for Non-Payment of Review Costs - The City Finance Department shall send a City invoice to the Applicant for payment of Review Costs incurred by the City with respect to the Application. The Applicant shall have thirty (30) days from the date of the City invoice to reimburse the city for the Review Costs invoiced with respect to the Application. If payment of the invoice is not received wi thin the required time, the city Finance Department shall send notice of non-payment to the Applicant and to all ci ty staff, consul tants, engineers and attorney's associated 11 with the review and processing of the Application informing them that all review activities with respect to the Application, including but not limited to the placing of any item with respect to the Application on a Development Review Committee, Planning and Zoning Commission, Board of Adjustment or City commission agenda and the issuance of building permits, shall cease until further notified. Should payment not be received by the city within forty-five (45) days of the date of the original invoice, the City Finance Department may apply the Review Deposit funds held in reserve to retire any outstanding amounts due. Should the Review Costs owed to the City exceed the Review Deposit, the deficiency owed to the City shall bear interest from the date of the aforementioned notice of non-payment at the rate of eighteen percent (18%) per annum until paid. The amount of any such deficiency owed to the City shall, together with interest and the costs of collection as hereinafter provided, be the personal obligation of the Applicant and shall become a continuing lien on the real property related to the Project and/or Application under review. Any subsequent or new Owner of the real property related to the Project and/or the Application shall take title thereto 12 subject to the obligations of the Applicant under the terms of this Section 6 and shall be jointly and severally liable for such obligations; provided, however, an Applicant may not escape liability for the deficiency by abandonment of the Project, withdrawal of the Application or sale of the real property with respect to which the Application has been submitted. If any such deficiency remains unpaid for a period of sixty (60) days from the date of the original invoice, then the City may take any action deemed necessary in order to collect such deficiency and other monies owed, including, but not limited to, retaining the services of a collection agency or attorney, initiating legal proceedings for the collection thereof, recording a Notice of Lien as hereinafter provided, and foreclosing same in the same fashion as mortgage liens are foreclosed. To give the public notice of the deficiency, the City Finance Manager may (but shall not be obligated to) record a Notice of Lien in the Public Records of Orange County, Florida, stating the description of the real property related to the Project and/or Application under review, the name of the Owner of the real property and the amount then due and owing to the city. If payment of the invoice is not 13 received within the required time, then review by the city will not be reactivated on any Project and/or Application and neither building permits, certificates of Completion nor certificates of Occupancy will be issued with respect to the Project or the real property related to the Project and/or Application until such time as all outstanding Review Costs are paid in full and a new Review Deposit for the Project and/or Application ln an amount not less than twice the original Review Deposit, as determined by the City Finance Manager, is paid to the city. Review of any future Project and/or new Application with respect to the real property related to the current Project and/or Application will not be undertaken by the city until such time as all outstanding Review Costs are paid in full and a new Review Deposit paid to the City without regard to whether the new Applicant had actual notice of the outstanding Review Costs payable to the City. 4. Attorney I s Fees in the Event of Failure to Pay Review Costs - In the event the city is required to enforce this Ordinance as provided in section 6.0.3 above, then the city shall be entitled to recover from the Applicant all costs and expenses incurred, including but not limited to its reasonable 14 attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during or subsequent to court proceedings or on appeal. 5. Chanqe of Ownership - An Applicant shall provide prompt written notice to the City Finance Manager in the event of a change in ownership of all or a portion of a lot, tract, or parcel of real property wi th respect to which an Application is pending before the City. Such notice shall be on a form approved by the City and shall include the name, address and phone number of the new Owner and a legal description of the lot, tract or parcel of real property now owned by the new Owner. Any such new Owner (i) shall not be entitled to utilize or draw upon any Review Deposit previously paid to the City by the original Applicant, (ii) shall be liable to the City for all Review Costs related to the lot, tract or parcel of real property which arise subsequent to the date the new Owner acquires ti tle to such real property, and (iii) may be required by the City to pay a separate Review Deposit in the same manner as a new Application in which case a separate Project Account will be opened in the name of the new Owner or the new Owner's Authorized Agent. If a separate Review Deposit is required, no work shall be undertaken by 15 the city with respect to the lot, tract or parcel of real property now owned by the new Owner until a separate Review Deposit is paid to the city. until such time as the city receives such written notice of a change in ownership, the original Applicant shall be jointly and severally liable to the City for all Review Costs associated with the Project and/or Application which may subsequently be incurred by the city in connection with the activities of the new Owner; provided, however, that upon receipt by the city of such a notification of change of ownership the original Applicant shall no longer be liable to the City for Review Costs arising solely out of the Project and/or Application of the new Owner and the new Owner shall be solely liable to the city for all such Review Costs associated with the Project and/or Application activities of the new Owner or the new Owner's Authorized Agent subsequent to the date of receipt by the city of such notification. 6. Aqreement to be Bound bv this Section - Execution of an Application shall constitute the consent and agreement of the Applicant and the Owner if the Application is being executed by the Owner's Authorized Agent to be bound by the provisions of this Section 6. 16 SECTION FOUR: Severabili ty. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE: Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter", "Section", "Article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 17 SECTION SIX: Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ~o f.r PASSED AND ADOPTED this ~ day of APPROVED: ATTEST: )yt.flA~~ .i3 JJ~ J03n Cr3fton, city Clark Marian B. Green, Acting City Clerk ( S 8AL) , 1992. CITY OF OCOEE, FLORIDA ~ . yor Rusty John n, Mayor pro tern ADVERTISED June 25 READ FIRST TIME READ SECOND TIME -44--7 , 1992 June 16 ,1992 AND ADOPTED , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. AP~RO~~.y~S TO FOR~Nf LEGALITY thls FJ.. day of ~) J ,1992. FOLEY & rrJDNER By: IYt0,f { ~JjJ city Attorney (,:\WP51\1){)C~\O{'OE\274.PFK lMI7f9~: lXWOI51IlPlb.-aln APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~Lf 0/) '7 , 1992 UNDER AG NDA ITEM NO. ~. 18