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HomeMy WebLinkAboutOrdinance 894 Ie - Iii i'll. il I, I I ORDINANCE NUMBER 894 FIRST READING 6-3-86 SECOND READING 7-1-86 City of Ocoee, Florida AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING DEVELOPMENT REVIEW FEE ASSESSMENTS FOR REZONING, SPECIAL EXCEPTIONS, COMPREHENSIVE PLAN AMENDMENTS, APPLICATIONS FOR PLANNED UNIT DEVELOPMENTS, AND APP- LICATIONS FOR DEVELOPMENT REVIEW/ APPROVAL FOR ALL PROPOSED SUBDIVI- SIONS AND COMMERCIAL SITE PLANS; PROVIDING FOR ADMINISTRATIVE PROCE- DURES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the policy of the City Board of Commissioners that wherever and whenever it is possible and equitable, the costs of development shall be incurred by the developer, i.e. the one(s) that will benefit most, and not by the taxpayers in general; and, WHEREAS, the City Board of Commissioners believes the most practical and consistently accurate method of defraying the costs of development review functions is through a system of fees based upon the actual time spent by the City staff and those directly associated expenses including advertising, legal and engineering fees; 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 PEOPLE OF THE CITY OF OCOEE, FLORIDA Section 1. Establishment of Administrative Procedures. The following Administrative Procedures shall be utilized when collecting and processing all development review fees paid to the City of Ocoee: A. Fees - Fees will be collected from the petitioner by the City Clerk at the time of filing every petition for rezoning, special exceptions, comprehensive plan amendments, applications for proposed subdivision plan review, and commercial site plan reviews. No action of any kind shall be taken until the fee is paid in full, except that the City I Board of Commissioners may, prior to or at the time of application, establish an alternate method of payment of the applicable fees and charges. Upon payment of the required fee, a project account will be established. e B. project Account - Once the project fee is credited to the project account, the account will be maintained throughout the entire review process until final action by the City Board of Commissioners or until no further involvement of the City staff is required to process a project, whichever is the later occurrence. City staff time expended and directly related expenses, including advertising, legal and engineering expenses will be charged to the account. At no time will the account reflect a deficit balance. C. Supplemental Fees - The project account will be monitored on a weekly basis. If the account balance is reduced to 25% of the initial fee, a supplemental fee will be required before any further processing continues. petitioners will be notified in writing by the Finance Director, or his designee, when the balance is reduced to 25% of the initial fee. The amount of the supplemental fee will be 50% of the initial fee amount. Several supplemental fees may be necessary depending upon the complexity of an individual project. Upon closing the project account, any remaining fee balance will be returned to the petitioner. NOTE: This process will incorporate the provisions for payment of fees incurred as addressed in Appendix B of the City Charter, Articles 4.4 and 7.9. D. City Staff Time Accounting - City Staff members, both ~in-house~d consultants, involved in the review and processing of rezoning petitions, special exception petitions, comprehensive plan amendments, applications for Planned Unit Developments, applications for proposed subdivisions, and commercial site plan review shall maintain weekly records of their time expended upon specific projects. Said records will be submitted to the City~s Finance Director for processing. ~In-house~ staff hourly rates will be determined by the City of Ocoee~s Wage and Salary Plan (in accordance with the Dunedin Court decisions) and consultants~ time will be billed to the petitioner at the same rate charged to the City. A debit based upon the time expended and the applicable hourly rate shall be charged against the project account. e Section 2. Application and Filing Fees Applications with required supporting data applicable filing fee shall be filed with the Clerk of the city of Ocoee. The city Clerk establish the project Account in cooperation and City will and 2 e e . ' I coordination with the Finance Director. will also forward the application and documents, with proof of fee payment Planner. The City Clerk all supporting to the City The City of Ocoee Board of Commissioners hereby establishes the schedule of fees enumerated below for matters pertaining to land development. The following initial fees shall be collected and processed for review of development within the City of Ocoee, Florida; Petition for Rezoning to all districts except PUD. (Flat Fee) $ 250.00 Petition for Rezoning to PUD. ($750.00 deposit plus $250.00 non- refundable rezoning fee.) $ 1,000.00 Petition for Special Exception and Variance. (Flat Fee) $ 150.00 Petition for an Amendment to the Comprehensive Land Use Plan. (Flat Fee) $ 500.00 Petition for Review of a Proposed Subdivision. (Deposit) $ 1,000.00 Petition for Review of a Commercial Site Plan. (Deposit) $ 750.00 This schedule of fees and charges shall be posted in the offices of the City Planner and the Building Official. The charges listed in this Section may be changed by the City Board of Commissioners via an Ordinance amending this Ordinance. This process would afford any interested persons at least fourteen (14) days notice under the present administration re- quirements. Applications or petitions initiated officially by the City of Ocoee through its duly authorized agencies or officers are exempt from the payment of these fees. Section 3. Severability If any portion of this Ordinance is determined to be . e 11 I void, or otherwise Unconstitutional, the remainder of this Ordinance shall retain its effectiveness. Section 4. Effective Date This City Ordinance shall take effect upon adoption by Board of Commissioners. ENACTED THIS ~DAY OF~' 1986. C~O oc~e, FjOrid~ ;:t k~ f-- ~ MAYOR the ATTEST: LJ~ CITY CLERK 4