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HomeMy WebLinkAboutOrdinance 89-45 ORDINANCE NO. 89- 45 CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO DEVELOPMENT REVIEW FEES: REPEALING IN ITS ENTIRETY ORDINANCE NO. 936: REPEALING IN ITS ENTIRETY ORDINANCE NO. 89-10; ADOPTING A NEW SECTION 6-1 AND 6-2 OF CHAPTER 2 OF APPENDIX A OF THE CITY CODE: PROVIDING FOR THE ESTABLISHMENT OF ADMINISTRATIVE PROCEDURES: PROVIDING MECHANISMS FOR COLLECTION OF DELINQUENT REVIEW COSTS PAYABLE TO THE CITY: PROVIDING FOR A LIEN AGAINST REAL PROPERTY WITH RESPECT TO THE PROJECT WHICH IS UNDER REVIEW: PROVIDING THAT PROJECTS WILL NOT BE PROCESSED FOR REVIEW AND BUILDING PERMITS WILL NOT BE ISSUED WHENEVER THE DEVELOPER IS DELINQUENT IN THE PAYMENT OF REVIEW COSTS: PROVIDNG FOR RECOVERY OF FEES AND COSTS, INCLUDING ATTORNEY'S FEES: ESTABLISHING A FEE AND COLLECTION SCHEDULE: PROVIDING FOR SEVERABILITY: 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 SECTION TWO: Ordinance Number 936 adopted by the City Commission of the City of Ocoee on March 17, 1987 is hereby repealed in its entirety. . . SECTION THREE: Ordinance Number 89-10 adopted by the City Commission of the City of Ocoee on May 16, 1989 is hereby repealed in its entirety. SECTION FOUR: The present Section 6 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety and the following Sections 6-1 and 6-2 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, are hereby adopted and substituted in lieu thereof: 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 City Clerk at the time of filing each petition for a rezoning, special exception, variance, or comprehensive plan amendment. No petition shall be accepted until the flat fee is paid in full. 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 City Clerk at the time of submission of each proposed subdivision, planned unit development, multi-family development, apartment complex, or commercial site plan (hereinafter cumulatively referred to as the "project"). No review 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 invoices, as hereinafter set forth. - 2 - . C. Project Account - Once a proposed subdivision, planned unit development, multi-family development, apartment complex, or commerical site plan has been submitted to the City and the Review Deposit has 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 until: (i) final action by the City Commission, or (ii) until no further involvement of the City staff, consultants and/or attorneys is required to process a project, or (iii) until completion of the entire project, whichever is the later occurrence. 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 project, including but not limited to advertising costs, attorney's fees and costs, engineering fees and costs, and the expense incurred by the City for City staff time devoted to the project (hereinafter cumulatively referred to as the "review costs"). D. City Invoices - Upon the timely receipt of all review costs and current charges levied with respect to a project, the City Finance Director shall send a corresponding City invoice to the developer for payment. The developer shall have ten (10) days from the date of the City invoice to reimburse the City for the review costs invoiced with respect to the project. If payment of the invoice is not received within the required time, the City Finance Director shall send notice of non-payment to the developer and to all City staff, consultants and attorney's associated with the project informing them that all review activities with respect to the project, including but not limited to the placing - 3 - . . of any item with respect to the project on a City Commission agenda and the issuance of building permits, shall cease until further notified. Should payment not be received by the City within thirty (30) days of the date of the original invoice, the City Finance Director 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 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 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 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 - 4 - . . 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 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. E. City Staff Time Accounting - City staff members, both in-house and consultants, involved in the review and processing of a project shall maintain bi-weekly records of their time and costs expended on a project. Said records will be submitted to the City Finance Director on at least a monthly basis on standardized forms designed by the City Finance Director for processing or such other forms as may be approved by the City Finance Director. In-house City staff hourly rates, including overhead, will be determined by the City of Ocoee's Wage and Salary Plan and consultants' 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 - 5 - . incurred prior to, during or subsequent to court proceedings or on appeal. Section 6-2. Fee Collection and Schedule. (A) Upon submittal of any petition or plan to the City which is included within the scope of Sections 6-1 and 6-2 of Chapter 2 of Appendix A of the Ocoee City Code, the City Clerk shall ensure that the required flat fee or Review . Deposit is posted to an appropriate Project Account in coordination with the City Finance Director. The City Clerk will also forward all such petitions and plans, with proof of payment of all required fees and deposits, to the City Planning Director for further processing. No such petition or plans shall be accepted until the required flat fee or Review Deposit is paid in full. (B) The City Clerk shall collect the flat fees set forth below for petitions made to the City of Ocoee Board of Commissioners. The Planning and Zoning Department shall deliver to each such applicant/petitioner, one copy of the Land Development Code at no extra cost beyond flat fee set forth below: PETITION/APPLICATION Flat Fee (1) Petition For Comprehensive Plan Amendment: 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) Petition For Special Exception (Appropriate Zoning Existing on Site) without Comphrensive Plan Amendment $770.00 $270.00 . ( 3 ) Voluntary Annexation $270.00 ( 4 ) Land Use Permit Fee for a mobile $ 1.00* home park or subdivision, per space ( 5 ) Sign Permit, per square foot $ 1.00* *Minimum Fee: $15.00 - 6 - (C) The City Clerk shall collect the following minimum Review Deposits from the developer for all projects submitted to the City for approval: . Project Review Deposit ( I ) Proposed Land Subdivision $1000.00 ( 2 ) Proposed Commercial Site Plan $1000.00 ( 3 ) Proposed Planned Unit Development $1000.00 Master Plan ( 4 ) Proposed Multi-Family Development $1000.00 ( 5 ) Proposed Apartment Complex $1000.00 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 City Clerk to adjust the minimum Review Deposit in order to cover the reasonable anticipated cost of review. SECTION FIVE. 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. SECTION SIX. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND APPROVED this (91! day of ~~ 1989. APPROVED: . FLORIDA , Mayor (SEAL) ADVERTISED December 7 , 1989 READ FIRST TIME NmTPmhpr ?1, 1989 READ SECOND TIME AND ADOPTED December 19 , 1989 - 7 - . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO I~ AND LEGAL,ITY, tthis . day of ~~.~ , 1989 FOLEY & LARDNER, VAN DEN BERG, GAY, ~KE, WILSON & ARKIN By: ~J1~ City Attorney F1oppy/4758CC(3) 01 (11/15/89) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~ I~ , 1989 UNDER AGENDA ITEM NO. ~. - 8 -