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HomeMy WebLinkAboutResolution 97-04 RESOLUTION NO. 97-04 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF FLAT FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF REVIEW DEPOSITS; PROVIDING FOR CERTAIN APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS; DESIGNATING ADDITIONAL APPLICATIONS SUBJECT TO THE PAYMENT OF DEVELOPMENT REVIEW FEES; PROVING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS ESTABLISHING A SCHEDULE OF DEVELOPMENT REVIEW FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee to from time-to-time adopt by Resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those Applications for which the Flat Fee includes all Review Costs; and WHEREAS, the City staff has presented to the City Commission a report setting forth the estimated average cost of reviewing the Applications which are the subject of this Resolution; and WHEREAS, the Flat Fees and Review Deposits relating to the review of Applications as set forth in this Resolution are an accurate method of assessing the costs of development review functions and ensuring payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Definitions. All terms used in this Resolution shall be construed in accordance with the definitions set forth in Section 1-12(A) of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION THREE. Additional Schedule of Flat Fees. The City Commission of the City of Ocoee hereby adopts and approves the additional SCHEDULE OF FLAT FEES as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION FOUR. Additional Schedule of Review Deposits. The City Commission of the City of Ocoee hereby adopts and approves the additional SCHEDULE OF REVIEW DEPOSITS as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The Additional Schedule of Review Deposits shall be subject to upward adjustment: (1) by the City Manager or his designee on a case-by-case basis in accordance with the procedures set forth in Section 1-12(0)(1) of Chapter 180 of the Code of Ordinances of the City of Ocoee; and (2) by the City Finance Manager in the circumstances set forth in Section 1-12(0)(3) of Chapter 180 of the Code of Ordinances of the City of Ocoee. 2 SECTION FIVE. Applications for Which the Flat Fee Includes All Review Costs. Pursuant to the provisions of Section 1-12(C)(2) of Chapter 180 of the Code of Ordinances of the City of Gcoee, the City Commission of the City of Ocoee hereby designates those Applications set forth in Exhibit "C" attached hereto and by this reference made a part hereof as applications for which a Review Deposit shall be paid in accordance with the Schedule of Review Deposits as set forth in Exhibit "B" hereto and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs associated with such Applications. SECTION SIX. Designation of Additional Applications Subject to the Payment of Development Review Fees. Pursuant to Section 1-12(A)(2)(xiv) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Gcoee hereby designates those Applications listed on Exhibit "0" hereto as additional Applications within the scope of and subject to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Gcoee. SECTION SEVEN. Supplemental to Previous Resolutions. This Resolution is supplemental to Resolution No. 92-11 and any other resolutions which may from time-to-time be adopted by the City Commission of the City of Gcoee pursuant to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION EIGHT. Conflicts. All resolutions, parts of resolutions or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. 3 SECTION NINE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 hereof. 4 SECTION TEN. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this cl b ~day of kA-L-r ,1997. ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this~day of ~ ,1997. FOWLER. BARICE. AND FEENEY C:\CAPDFILE\FORMS\FORMS12S.wPD APPROVED: CITY OF OCOEE, FLORIDA ~~4 S. Scott Vandergrift, Mayor READ FIRST TIME AND ADOPTED MA-1 "1..0 { (7 <77 Under Agenda Item No. ~ 5 EXHIBIT "A" SCHEDULE OF FLAT FEES(1) APPLICATION Site Plan Review Telecommunications Service Facilities Special Exception Telecommunications Service Facilities NOTES: FLAT FEE $ 675.00 $ 750.00 (1) Except for those Applications set forth on Exhibit "B" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. including all expert consultant fees for the review of applications. EXHIBIT "B" SCHEDULE OF REVIEW DEPOSITS (1) APPLICATION Telecommunications Service Facilities NOTES: REVIEW DEPOSIT $1.000.00 (1) Except for those Applications set forth on Exhibit "C" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. including all expert consultant fees for the review of applications. EXHIBIT "e" LISTING OF APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS(1) None. NOTES: (1) Except for those Applications listed on this Exhibit "C", the Applicant shall be required to pay: (a) a Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with the Application. EXHIBIT "0" LISTING OF APPLICATIONS SUBJECT TO PAYMENT OF FLAT FEE, REVIEW DEPOSIT AND ALL REVIEW COSTS Telecommunications Service Facilities C:\CAPDFILE\FORMS\FORMS12S.wPD