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HomeMy WebLinkAboutOrdinance 92-01 ORDINANCE NO. 92-01 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 ALL DEVELOPMENT REVIEW APPLICATIONS; AMENDING ADMINISTRATIVE PROCEDURES FOR THE COLLECTION AND PROCESSING OF DEVELOPMENT REVIEW FEES AND DEPOSITS; 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 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 Chapter 166, Florida statutes. SECTION TWO: The present Paragraph A of section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows (with additions ~I~~g~ and deletions otruclc): A. Flat Fees - A flat fee, as hereinafter set forth, shall be collected from the petitioner by the 'R+gnn:.i,pg:J,1!WffPFm~BF City Clerk at the time of filing ci mgYm;t1gim~ng::~mY;!~I':~jRR$~8~E~.9n . each petition for a rezoning, opecial exception, variance, or comprehenoive plan amendment. N OmiX!i1M?imlnE::':'g?~'!f~'m!. ~pg;t::!ii:@~j[t::!i9n:::::m~g:@ petition shall be accepted until the flat fee is paid in fu 11 . UWn~:p.f.~t;p'@~:~P;~w.$:: co.v~~:::if;~!8'gi:l:e~:::8'~Wi*:::::~E:~Bf, P$mg:~@ij]Xg~Bf,@gF91;1@'PEeg.m@Mf: SECTION THREE: The present Paragraph B of section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows (with additions @p'~:qlg and deletions otruck): B. Review Deposits A Review Deposit, as hereinafter set forth, shall be collected from the developer, owner of the property or applicant (hereinafter cumulatively referred to as the "developer") by the ~;!~ni~P9'P@QgE[t:m!nP; City Clerk at the time of submission of each proposed sUbdivision, planned unit development, mUlti-family development, apartment complex, or nQ)jHp~~$qgri$.$.~); commercial site plan (hereinafter cumulatively referred to as the "project"). No review - 2 - of any project shall commence until the Review Deposit is paid. The Review Deposit shall be held in reserve by the City Finance Director and returned to the developer upon completion of the entire project unless it is utilized as reimbursement for non-payment of any City development review invo ices~Rp:B8~:E:~::.::::gP"$E:!i9~n::~:m:BM'::.:::i:E~5:E'P~MID.gW ~~m~, as hereinafter set forth. SECTION FOUR: The present Paragraph C of section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the city of Ocoee is hereby amended as follows (with additions$:n~ggq and deletions 8truck): C. proiect Account - Once a proposed sUbdivision, planned unit development, mUlti-family development, apartment complex, or hpriHp~$.$.a~nfi=iil commercial site plan has been submitted to the City and the Review Depositand~$~OO::::::::P:~m have been collected, the City Finance Director shall establish an individual Project Account through which all fees and deposits will be monitored. The Project Account will be maintained throughout the entire review process untilfl; @gp#ID.pi:p~O;~ B5':SBmEf~&.i,i92.i,ii:jji~i:Hifl::~ns:'fjji:8~$'Bffi$'f,:~.~P!.Em8$~M~9PM Rn$2.i,iIM'59E:8B8~Hf,E~n&':.:'~Hg:~!E8i8iMi'!i~Anl~:++:::::@1!:m!i~ Bjji*f~~P~P~.i,iqfP5inf,.B*.'E9~'$$Mmf:8RWp;i (i) final action by the City Commiooion, or (ii) until no further involvement of the City otaff, conoultanto and/or attorneyo 10 required to proceoo a project, or - 3 - (iii) until completion of the entire project, \;hichever io the l~ter occurrence. mQ~gg!@JJgn'tq];ng.~t~'t'.Eg~ nDJJ919gMgm@9i!iMM~M~P%::Ri*ffiii.B~i!iB!J!he developer shall be responsible to reimburse the City for costs and expenses incurred by the city in connection with the review and processing of the project, including but not limited to advertising costs, g@py attorney's fees and costs, ~nq engineering fees and costs, ~nd the expenoe incurred by the city for city ot~ff time devoted to the proj ect (hereinafter cumulatively referred to as the "review costs"). Tlie99~p~~p,g@~@1n~m@r8r9@p-i$'P~t:p 't;.$in@.$J:i&jijii}2;~$nqJ;U.&g~:, $hIeB,@mm&t.E(;te$ ....i!i$$e$$(;tq.unaee ~g9MI9B@7g9tggmpM~1; ~8@~REmn$~X Aiippiphe':Q&q(;tipp Qi"g.:i;n.i\p'q(;t~>ipp ...ppm9w#iMRF QqQ~e~ SECTION FIVE: The present Paragraph D of section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows (with additions ~.nfi:9@g and deletions otruclc): D. City Invoices - Upon the timely receipt of ~ll review cooto ~nd current ch~rge8 levied with re8pect to the project The City Financeg@pmpPA'@p.p Director shall send a corre8ponding City invoice to the developer for payment 8ri"@\d;~W':9Q$tf~J.~y$gg:W~~tt.P~g;P~2P$;qH 't;h~ ...................................................................................................................................................... ppg:imsp. The developer shall have ~~:ffipPX(~fD. ten (10) days from the date of the City invoice to reimburse the city for the review costs invoiced with respect to the - 4 - 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 developer and shall become a continuing lien on the real property related to the project under review. A developer may not escape liability for the deficiency by abandonment of the project. If any such deficiency remains unpaid for a period of~WXFiY~~9): - 5 - thirty (30) 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 N~p~9'mp Director may record a notice of lien in the Public Records of Orange County, Florida, stating the description of the real property related to the project 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 reactivated on any project and building permits will not be issued with respect to the project or the real property related to the project until such time as all outstanding review costs are paid in full and a new Review Deposit for the project in an amount not less than twice the original Review Deposit, as determined by the city Finance 1R@p~p$mmp$ Director, is paid to the City. Review of any future project on the real property related to the current project 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. - 6 - SECTION SIX: The present Paragraph E of section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows (with additions ~!ig@.g and deletions otruck): E. C i tv Staff T ime~~p:~~~~p~!iP::.::.~~9-::.:.~.~it;;g..~~P9~~~~ Accountinq - ci ty Dtaff memberD, both in hOUDe and conoul tanto, invol ~J'ed in the re~J'ie\i and proceoDing of a proj ect ohall maintain bi \leekly recorda of their time and cooto expended on a project. Baid recordD viII be oubmitted to the city Finance Director on at leaot a monthly buoio on otandardized formo deoigned by the City Finance Director for proceDDing or ouch other formD aD may be approved by the City Finance Director. In houoe City otaff hourly rateo, including o~J'erhead, \;ill be determined by the city of Ocoee'o Wage and Salary rlan afld q@@y.... ~p~pt'~!m~~n~+mB!8n~~9.!9!B.9~*!*9WJ~E~ ~BEgH9.'n~~~~~!~:BR:E:+!:EE~~~8~R~P9!Bg.BB..:E!~.iit~E~:~Be ~w.~m:BR*n~B~B~~E!:[.:::!:E~#iBWI$::$PRgip!:~~m~.::R~X~*g!w!nti ~~M~$2:::.::Egg:~I~$mID~!!::ffiBg~::i.:::::::.~:Bi:iM~i9~.~::!!:.!:~f:::EiM.~!'i:..:I:wmm:f: 8t~F%E~+.:B%m$~~!9::.~:~Rm%B~pm8E:~RBI2 Consul tants '~hq R~!:*~!:!BF!$-V~] time will be billed to the developer at the same rate charged to the City. SECTION SEVEN: The present section 6-2 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee is hereby amended as follows (with additions ~b~~g~ and deletions DtrucJc): - 7 - section 6-2. Fee Collection and Schedule. (A) Upon submittal of anypgy@:;tQim@it::::~BgM4.gW ~gfFf~8IB~8~~ petition or pl~n to the City \;hich io included within the ocope of cectiono 6 1 ~nd 6 2 of Ch~pter 2 of Appendix 11. of the Ocoee City Code, the ~q;:?i;nn:~~D.gW:~E=~P!m~p.s City Clerk shall ensure that the required flat fee ~.nlt:or Rev iew Depos it is B@i9:~*I$B~':'BIE8iil:::::II$:::::~~:EI::~':'~'E~DEil'*:~::8~~llm.E ~:fM~~~ID..~P.9 posted to an appropriate Project Account in coordination with the City Financep~I~M;~mmn$ Director. 'Pfte City Clerk 'Jill ~loo fon;~rd ~ll ouch peti tiono ~nd pl~no, >Jith proof of p~yment of ~ll required feeo ~nd depooito, to the City rl~nning Director for further proceooing. No such B~M~+8PIDle&'i@M~$I'~j;:Ii+ffi9iiffi'RD~:~~B9.m~iB~~ petition or p l~n3 shall be accepted until the required flat fee ~p:9.tor Review Deposit is paid in full. (B) The l,?w~nnmB9~~g~p:-Bm~p.* City Clerk shall collect the flat fees set forth below for all18~w;i$R.p,m~nS ~~Y!mw:~PP+.!$~.'t'@PB@@@RmW!p~l~ petitiono m~de to the City of Ocoee Bo~rd of Commiooionero. $~F~::p~g%Hig;,pmg:i~ the Planning aM Zoning 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: - 8 - PETI'!'I oN~~Y~~~~~~l?1.l:::::~jjjg:~:~~ / APPLI CA TI ON Flat Fee (1) Petition For Comprehensive Plan Amendment: Including Comprehensive Plan Text Amendments; Rezoning to all classifications, including PUD; "Substantial" Comprehensive Plan Text amendment or Rezoning; and Special Exceptions (Rezoning with Special Exception) $770.00 (2) Petition For Special Exception (Appropriate Zoning Existing on Site) without Comprehensive Plan Amendment $270.00 (3 ) Voluntary Annexation $270.00 ( 4 ) L;1nd Doe Permit Fee for ;1 mobile $ 1.00T home p;1rJc or Gubdi 'Jioion, per op;1ce (5) 8ign Permit, per oqu;1re foot $ 1.00* ..................... ..................... ..................... .................... ..................... ..................... ................ . ::i:.$.[:+.MiQijiQ@Pg ::::::::::iii:::::i:iiii:iiii$i$.iiiigigi&~::Qq i:::)iiii:ii:i:::i:i::::i::::~i,=::i:~.I:.g:.f::9.~ *ninimum Fee: $15.00 EH ... " ..... . .:.;';.,.;.;.;.:.;.:.:.:.:.:.:.,';:.:;:::::::::::::::::::::::.:.:.:........ - 9 - (C) The f'=*~nBiiig:.m:~gi:!*m$il City Cler]c shall collect the following minimum Review Deposits from the developer for all projects submitted to the City for approval: proiect Review Deposit Proposed hafta Subdivision $1000.00 (1) (2) Proposed N9n8i@$.1~f.I.:@n'-{ii~:w. Commercial site Plan. . .. ................ $1000.00 (3) Proposed Planned unit Development Master Plan $1000.00 Proposed MUlti-Family Development $1000.00 $1000.00 (4) (5) Proposed Apartment Complex Should the city Manager or his designee determine that the anticipated Review Deposit for a project is inadequate to cover the reasonable anticipated cost of review, the City Manager or his designee shall direct the !;l;!1fi!!illi:R~p~gm~pi: City Clerk to adjust the minimum Review Deposit in order to cover the reasonable anticipated cost of review. SECTION EIGHT. severability. 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. - 10 - SECTION NINE. 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. SECTION TEN. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. APPROVED: ATTEST: CITY OF OCOEE J~f~ Clerk (SEAL) ADVERTISED February 20 READ FIRST TIME February 18 , READ SECOND TIME AND ADOPTED March 3 , 1992. 1992 1992 - 11 - FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROV~D~S TO FORMJ~~,LEGALITY thlS j W\ day of /V'l4\1..(;'\ ,1992. FOLEY & ~D'tF I'" ~ By : t( j.l-t.x '] v' city Attorney C: I WP51 lDOCSIOCOEll 0713/3/92118SOO9\ BTL:hjs(6) - 12 - APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON March 3 , 1992 UNDER AGENDA ITEM NO. -Y-A-.