HomeMy WebLinkAboutOrdinance 92-05
ORDINANCE NO. 92-05
CITY OF OCOEE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO DEVELOPMENT REVIEW FEES; AMENDING
SECTIONS 6-1 AND 6-2 OF CHAPTER 2 OF APPENDIX
A OF THE CITY CODE; PROVIDING FOR THE
COLLECTION OF FLAT FEES IN CONNECTION WITH
APPLICATIONS FOR DETERMINATION OF VESTED
RIGHTS; PROVIDING FOR THE COLLECTION OF REVIEW
DEPOSITS AND THE PAYMENT OF REVIEW COSTS IN
CONNECTION WITH VESTED RIGHTS APPLICATIONS;
AMENDING THE DEVELOPMENT REVIEW FEE AND
COLLECTION SCHEDULE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the policy of the city Commission of the
City 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
and engineering expenses; and,
WHEREAS, the administrative procedures set forth below
are 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:
The present Section 6 of Chapter 2 of
Appendix A of the Code of Ordinances of the City of Ocoee, Florida,
is hereby amended as follows (with additions @pmggg and deletions
otruclc through) :
section 6-1. Establishment of Administrative Procedures. The
following Administrative Procedures shall be utilized when
collecting and processing all development review fees and
deposits paid to the City of Ocoee:
A. Flat Fees - A flat fee, as hereinafter set
forth, shall be collected from the petitioner by the
Planning Department at the time of filing a Development
Review Appl ica t ion9P~wm:tJ~8iM!Rn~gp.qiE!~mmn~E$e~t af
Y~$~~qJf$gQig$ .
No Development Review Application or
fl.PP:I.@gC\~@gijk9Wg.@~~#i~n~g~9n<<gFM~~gSgp@jp.g~ made shall
, ..--.........".................,."..,........................................,.....................................,
be accepted until the flat fee is paid in full. The flat
fee shall cover the cost of City staff time dedicated to
the project ~P9/9Ff\j;fg+~8iM~9nr forg)~pg1iID;i;n~#;;i;gn.Qf:
yg~-t~g.P%gp.~$.
B.
Review Deposits
A Review Deposit,
as
hereinafter set forth, shall be collected from the
developer,
owner
of
the
property
or
applicant
(hereinafter cumulatively referred to as the "developer")
by the Planning Department at the time of submission of;
each proposed subdivision, planned unit development,
multi-family development, apartment complex, or non-
residential site plan (hereinafter cumulatively referred
to as the "project") C\n.gt9P~g)~a~ipf~g~E~em:: for
g.@@~Wm~pfl.1:;*9P......C)~'V"~~R~p.f;~gnl~< ~.p.gp~%nC\FpgpmgA~mp@g.P9
-~._..-_..._._.. ...."."..".......~...............,."............
as<"Y~$p$d<P~9'J:gt.~ ..~ep+%8~M%R9m) .
No review of any
project9p.M~~~~gW@gp.~m~Pp+~9~e~9n shall commence until
the Review Deposit is paid. The Review Deposit shall be
held in reserve by the City Finance Director ~~n~g~f; and
returned to the developer upon completion of the entire
project,
~PP+!R~1:;:i.Rn, unless it is utilized as reimbursement for
non-payment of any city development review invoices for
costs other than City staff review time, as hereinafter
set forth.
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C. proiect Account - Once a proposed subdivision,
planned unit development, multi-family development,
apartment complex, or non-residential site plan ~ge.t9P
M~~'F@gF%~9..B~~pet*B~;P%gn has been submitted to the City
and the Review Deposit and flat fee have been collected,
the city Finance Department shall establish an individual
Project Account through which all fees and deposits will
be monitored.
The Project Account will be maintained
throughout the entire review process until a certificate
of Completion is issuedq~i;ji.n~l~g't;%Qnli1$'t;~~~p,gn$f);~
....................................................................................................................
..............................................................................................................
P. l;'qj~p'b~d;jq.tgt'y~$p~q.P%glw$~pp:Ji@q~'t;M?n and final bills
........---......--_._-_..................................--_.................................... .................................................
. . - ...-.."'........."........................-...---..................................................................... .................
are received by the city for consultant and attorney fees
and all of said bills are paid in full by the developer.
In addition to the flat fee which covers City staff
review time, the developer shall be responsible to
reimburse the City for costs and expenses incurred by the
City in connection with the review and processing of the
............,..""........................-------........4.................................................................
project ap.qIQ#M~~B~9t;';9p.&~~ap*~8~*~gn) including but
not limited to advertising costs, City attorney's fees
and costs and engineering fees and costs (hereinafter
cumulatively referred to as the "review costs"). The
costs and expenses for City staff time shall be included
in the flat fees assessed under section 6-2 of Chapter 2
of Appendix A of the Code of Ordinances of the City of
Ocoee.
D. ci ty Invoices - The City Finance Department
shall send a City invoice to the developer for payment of
review costs levied with respect to the project >~991!P
\festedpJ.!(jl1w$fil.PP+W9f\'ttW9p.
The developer 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 proj ect~P9(9F*@$P~9WW(jnP~IAPP*W9f\$W9P.
If payment of the invoice is not received wi thin the
required time, the City Finance Department shall send
notice of non-payment to the developer and to all City
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staff, consultants and attorney's associated with the
"'.."0'. 'I"'.":..>::"":'.t...''.'''o'. >::'.:':>"'..':".h'.":.t. ':':'.".":::':':"."".'.':"'.':'.":1. .:::':':'.:.'.:.'.'t' .:":,>,:",,.,.,., . f . th
pro] ect ..a..n.. .0. r........ves. ..e . ....r...I.g. . . ..s....ap. p.. .x..a.a. ..x..on. '. ln ormlng em
.... ....... ... .. ., .. .. .......... .... ,.... . .... ,..... .
... . ...... .. ...... ...... . . .
.. .... ........ '" "' .. . .... . ... .. ........ .. . . .. ..... ..
.......... ...........................-.................... ............... .., . ................ '" ............
........... ..........."........-.......................... ........... ........ .. ...............................
...........................................................-...........................................................................-............................................
that all review activities with respect to the project
~nBt9P*$~w.!Bf;%ing~iEg*~8$F%9n, including but not
limited to the placing of any item with respect to the
project ~nqlg#, v$$;lrN#:t:p~gn~~~P1?*iB~~ffiRn on a City
commission agenda and the issuance of building permitsT
shall cease until further notified. Should payment not
be received by the city within forty-five (45) days of
the date of the original invoice, the City Finance
Department may apply the Review Deposit funds held in
reserve to retire any outstanding amounts due.
Should
the review costs owed to the City exceed the Review
Deposi t, the def iciency owed to the City shall bear
interest from the date of the aforementioned notice of
non-payment at the rate of eighteen percent (18%) per
annum until paid. The amount of any such deficiency owed
to the City shall, together with interest and the costs
of collection as hereinafter provided, be the personal
obligation of the developer and shall become a continuing
lien on the real property related to the project ~Pg.tR~
y@~~~g.p;W-P..R~~pp!;.g~#;:;Rp under review. A developer may
not escape liability for the deficiency by abandonment of
the project or<w:i:$Aa:i#~W~$ <<or<$hgv~$$gg<wi9'q$~
~pp!~9~M:i:@n. If any such deficiency remains unpaid for
a period of sixty (60) days from the date of the original
invoice, then the City may take any action deemed
necessary in order to collect such deficiency and other
monies owed, including, but not limited to, retaining the
services of a collection agency or attorney, initiating
legal proceedings for the collection thereof, recording
a notice of lien as hereinafter provided, and foreclosing
same in the same fashion as mortgage liens are
foreclosed. To give the public notice of the deficiency,
the City Finance Manager may record a notice of lien in
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the Public Records of Orange County, Florida, stating the
description of the real property related to the project
~pqf9PY~mE~BP;i,aPR~~pg*~8~~~9H under review, the name
of the owner of the real property and the amount then due
and owing to the city. Review by the City will not be
react i va ted on any proj ect ~ngt:9f;': y@jti;~I.:::E!il$~
~PP+~9~;t::.~@Q and building permits will not be issued with
respect to the project or the real property related to
the project~m~7BPiY~!Ein.E~aP&~~PR!~8~$~9H until such
time as all outstanding review costs are paid in full and
a new Review Deposit for the projectgm~tpmi*~~B~ePW9:IE~
~Pj;):J..%8~t;%gn in an amount not less than twice the original
Review Deposit, as determined by the City Finance
Manager, is paid to the City.
Review of any future
pro j ect eft andl:or)vestJeClidJjnts a.......::..p.:.......h....;l.........i......c..........a..........~..........i.........o...:..n....... W\ii~i..:..r.:........e...........$....:..h....e...........P.......t..........
::;:;::::::::::::>:.:.f:~:::::.:::::::::::::::;:::;:::;:;:::;:::::::::::::;:::::::::::::::::::::::::::::::::::::::;.....;:::::::::::::::;:;:::;:::; ...........~.........................................................................................................................)~:......................
'!i.6 the real property related to the current proj ect
................................... ,-, ,-,.. ..... ,', c. ,', ,.,......., .................................,............-.......-...-.-. .-.-.-.-.....~-...-.-.................'...~'.....'.....-...
$:ffiglgp>y$$EggWJ;9J'lP$r~j;tpJ;~q~@~Qn wi 11 not be undertaken
..'....,',............,'.............................'.,...,.,...................,.................................................................
....... .. .......... - -.. --.-. ..."
by the City until such time as all outstanding review
costs are paid in full and a new Review Deposit paid to
the city.
E. city staff Time. Consultant and city Attorney
Accounting
City staff time shall be charged to
developers through a series of flat fees depending on the
type and size of the project.
staff time encompasses
Development Review Committee meetings, individual staff
review time, clerical time, and site inspections.
Consultants' and City Attorneys' time will be billed to
the developer at the same rate charged to the city.
F. In the event the city is required to enforce
this Ordinance as provided in section 6-1(D) above, then
the city shall be entitled to recover from the Developer
all costs and expenses incurred, including but not
limited to its reasonable attorneys' fees, paralegal fees
and other costs and expenses, whether incurred prior to,
during or subsequent to court proceedings or on appeal.
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section 6.2 Fee Collection and Schedule.
(A) Upon submittal of any Development Review
Application ~ng,(8E~ni:PE*~8~B~BRfBP9~E$mm~R~E%BB.95
U;i~'B~i~*ap.E~, the Planning Department shall ensure that
the required flat fee and/or Review Deposit is deposited
through the City's central cashier system and posted to
an appropriate Project Account in coordination with the
City Finance Department.
No such Development Review
application ~mg.19p.~PP*~A~WW9Bfbr ::::::g~p~~in~i:\iqn of:
Y@~'B~q:i:L%99't::.~ submitted shall be accepted until the
required flat fee and/or Review Deposit is paid in full.
(B) The Planning Department shall collect the flat
fees set forth below for all Development Review
App I i ca t i on SCl.ng.~pp\li%g~X.~gp.$pg#p,~pgpm.j;p.~~i~8?nQ~yg€pgq.
..."..,',..............-.-. .............................................................................................................................
... . .-............................................-............................................
P%SPf@ submitted. If requested, the Planning Department
shall deliver to each such applicant/petitioner, one copy
of the Land Development Code at no extra cost beyond the
flat fee set forth below:
DEVELOPMENT REVIEW/APPLICATION
Flat Fee
(1) Petition For Comprehensive Plan Amendment: $ 770.00
Including Comprehensive Plan Text Amendments;
Rezoning to all classifications, including
PUD; "Substantial" Comprehensive Plan Text
or Rezoning; and special Exception
(Rezoning with Special Exception)
(2) Petitioner For special Exception (Appropriate $270.00
Zoning Existing on site) without Comprehensive
Plan Amendment
(3) Voluntary Annexation
$ 270.00
(4) Subdivision Review
A. Residential
1. 2 - 20 Lots $1,070.00
2. 21 - 200 Lots $1,225.00
3 . More than 200 Lots $1,380.00
B. Non-residential
1. 2 - 5 Lots $1,085.00
2 . 6 - 10 Lots $1,130.00
3. More than 10 Lots $1,275.00
C. PUD's $1,300.00
( 5 ) site Plan Review
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A.
Residential
1. 12 - 25 Units
2. 26 - 100 units
3. More than 100 units
$ 675.00
$ 700.00
$ 825.00
B.
Non-residential
1. 25,000 to 50,000 square feet
2. 50,000 to 100,000 square feet
3. More than 100,000 square feet
$ 700.00
$ 750.00
$ 835.00
(C) The Planning Department shall collect the
following minimum Review Deposits from the developer for
all projects submitted to the City for approval:
proiect
Review Deposit
(1) Proposed Subdivision
$1000.00
(2) Proposed Non-Residential site Plan
$1000.00
$1000.00
(3) Proposed Planned unit Development
Master Plan
(4) Proposed Multi-Family Development
$1000.00
(5) Proposed Apartment Complex
$1000.00
(p.)i.....~pp*~q~~~9>>.....~9#Q~#@ii~n~t.~qi.9~.....i...$10QQ10Q
..............Mg$pgg1{$ggffi~~$p.@$.~gy%gyhm~ipg~$p(............................ .
€n~l~i9#P~AA~g9.*i~gWt'~P;~ipp~*9i>>~
9HPP@t\'Jt)Jyp.~$gn<~pg9Ynl,\ii$;gr............................................................
~i~~IBilil~!~H~~i~llilllllll~ii~
P:r:-PJ@9~+) ... ... ................................... ..................
Should the City Manager or his designee determine that the
anticipated Review Deposit for a proj ect ~nltgF~~\1$~gi!~gn for
M~~~~9~~~n~~P.~~~Fm~ni~~gn is inadequate to cover the reasonable
anticipated cost of review, the City Manager or his designee shall
direct the Planning Department to adjust the minimum Review Deposit
in order to cover the reasonable anticipated cost of review.
SECTION THREE: severabili tv. 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 FOUR: 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
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ci ty; 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.
SECTION FIVE:
Effective Date.
This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this 021!.. day of 1f~R.lL , 1992.
APPROVED:
Clerk
ATTEST:
(SEAL)
ADVERTISED April 9 1992
READ FIRST TIME April 7 , 1992
READ SECOND TIME AND ADOPTED
t\?R.'!..L 2.\ , 1992.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
AP~ROV~\~S TO FORM~ILEGALITY
thlS )[ day of, , 1992.
FOLEY & ~NER
By: iYt.fJ S ~
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON ~tIU.L 21 , 1992
UNDER AGENDA ITEM NO. ~.
A:\I07.NEW:4/3/92i 18WOIS: PER:jlh
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