Item VI (E1) First Reading of Ordinance - Second Reading and Public Hearing Scheduled for July 7, 1992 - Ordinance No 92-15, Realting to Development Review Fees AGENDA 6-16-92
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI E 1
Ocoee 4, LESIM LJAbbb,JK.
( :) CITYOFOCOEENRuhJOJOHNSON
10 . HORE 6PAULWFOSER C O 3471
(407)656-2322 VERN COMBS
_3 I, SAM WOODSON
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Of GOOD %.` CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Director of Administrative Services
DATE: June 12 , 1992
RE: DEVELOPMENT REVIEW FEE ORDINANCE ( 92-15 )
In February, the Commission adopted Ordinance Number 92-01 which
established flat fees for various development review applications .
In April, Ordinance 92-05 which revised 92-01 to include vested
rights determination was adopted.
Ordinance 92-15 now incorporates ( 1 ) explanations of the fees, ( 2 )
wording changes necessitated by the new Land Development
Regulations , and ( 3 ) procedures for change in ownership of
developing parcels . Instead of listing individual fees , it allows
for these to be established by resolution. The Resolution will be
presented on July 7 , 1992 , at the second reading of this Ordinance.
Action Requested
The Honorable Mayor and Board of City Commissioners approve
Ordinance Number 92-15 and authorize the Mayor and City Clerk to
execute .
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ORDINANCE NO. 92-15 irAin
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CITY OF OCOEE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO DEVELOPMENT REVIEW FEES; REPEALING
IN ITS ENTIRETY ORDINANCE NO. 92-05 AND
SECTION 6 OF CHAPTER 2 OF APPENDIX A OF THE
OCOEE CITY CODE; ADOPTING A NEW SECTION 6 OF
CHAPTER 2 OF APPENDIX "A" OF THE OCOEE CITY
CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
AN OBLIGATION TO PAY A FLAT FEE AND
ESTABLISHING COLLECTION PROCEDURES; PROVIDING
FOR AN OBLIGATION TO PAY REVIEW COSTS;
PROVIDING FOR A COLLECTION PROCEDURE FOR
REVIEW COSTS AND REVIEW DEPOSITS; PROVIDING
FOR A LIEN IN REAL PROPERTY FOR NON-PAYMENT OF
REVIEW COSTS; 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,
consultant and engineering expenses;
WHEREAS, the City Commission of the City of Ocoee has
found it in the best interests of the City to retain non-staff
legal, consultant and engineering assistance in connection with the
review and processing of development applications and to pass on to
the developer the expenses incurred in retaining such non-staff
assistance; and
WHEREAS, the administrative procedures set forth below in
this Ordinance establish 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
EMMT C-1
of the Constitution of the State of Florida and Chapters 163 and
166, Florida Statutes.
SECTION TWO: Ordinance No. 92-05 and the present Section
6 of Chapter 2 of Appendix A of the Code of Ordinances of the City
of Ocoee, Florida are hereby repealed in their entirety.
SECTION THREE: A new Section 6 of Chapter 2 of Appendix
A of the Code of Ordinances of the City of Ocoee, Florida is hereby
adopted as follows:
SECTION 6
DEVELOPMENT REVIEW FEES
A. Definitions. For the purposes of this Section 6, the
following terms shall have the meanings set forth below unless
otherwise indicated by the context:
1. "Applicant" shall mean and refer to an
Owner or an Owner's Authorized Agent who
submits an Application to the City.
2. "Application" shall mean and refer to an
application or petition submitted to the
City for (i) approval of a proposed
Project, (ii) subdivision or site plan
review, including any revisions to a
previously approved subdivision or site
plan, (iii) annexation and initial
zoning, (iv) rezoning (with or without a
comprehensive plan amendment) , (v) a
comprehensive plan amendment, (vi) a
variance, (vii) a special exception,
(viii) approval of a Land Use Plan for a
Planned Unit Development or any
amendments to a previously approved Land
Use Plan for a Planned Unit Development,
(ix) transfer of development rights, (x)
determination of vested rights, (xi) a
concurrency determination, (xii) a
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concurrency capacity reservation, (xiii)
approval of a development of regional
impact and/or (xiv) such other
applications as designated by resolution
of the City Commission. For the purposes
hereof, "Application" shall refer to any
one of the aforementioned applications
and "Applications" shall refer to two or
more of the aforementioned applications.
3. "Development Review Fee" shall mean and
refer to the combination of the Flat Fee
established pursuant to this Section 6
and the Review Costs to be paid by an
Applicant pursuant to this Section 6.
4. "Flat Fee" shall mean and refer to the •
non-refundable flat fee from time-to-time
established by resolution of the City
Commission to be paid by an Applicant at
the time of the filing of an Application.
The Flat Fee shall be for the purpose of
covering the cost of City staff time
dedicated to the review and processing of
an Application and all advertising costs
in connection with the processing of an
Application. For the purposes hereof,
staff time encompasses Development Review
Committee meetings, individual staff
review time, clerical time and site
inspections. Where expressly provided by
this Section 6, the Flat Fee shall also
be for the purpose of covering the City
Attorney, legal, consultant, and
engineering fees and costs incurred by
the City in reviewing and processing an
Application.
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5. "Owner" shall mean and refer to an Owner
or group of Owner's of fee simple title
to a particular lot, tract, or parcel of
real property. For the purposes hereof,
a Master Property Owner's Association
shall, except with respect to annexation
applications, be considered an Owner as
to the area subject to it, provided
specific authorization is given to such
application in accordance with the
declaration, articles, and by-laws, and
that the association submits an opinion
from an attorney admitted to practice in
the State of Florida confirming such
authorization.
6. "Owner's Authorized Agent" shall mean and
refer to an agent of the Owner duly
authorized to submit an Application to
the City. Such authorization shall be
evidenced by a power of attorney signed
by the Owner and notarized specifically
authorizing the agent to represent the
Owner in connection with the Application
and as to the Owner's real property which
is the subject of the Application. The
authorization shall include an agreement
of the Owner to be bound by the actions
of the Owner's Authorized Agent and the
provisions of this Ordinance.
7. "Project" shall mean and refer to each
proposed subdivision, planned unit
development, development of regional
impact, mixed-use development, multi-
family development, apartment complex or
non-residential site plan.
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8. "Review Costs" shall mean and refer to
the costs and expenses incurred by the
City in connection with the review and
processing of an Application, including
but not limited to City Attorney's fees
and costs and legal, consultant and
engineering fees and costs; provided,
however, that Review Costs shall not,
include (i) the cost of City staff from
time dedicated to the review and
processing an Application and all
advertising costs in connection with the
processing of an Application, and (ii)
City Attorney, legal, consultant and
engineering fees and costs incurred by
the City in reviewing and processing an
Application which are expressly included
within the Flat Fee pursuant to the
provisions of Section 6.C.2 hereof.
9. "Review Deposit" shall mean and refer to
the review deposit as from time-to-time
established by resolution of the City
Commission to be paid by an Applicant at
the time of the filing of an Application
in those circumstances where Review Costs
are paid by the Applicant under the
provisions of this Ordinance.
B. Obligation to Pay Flat Fee and Collection Procedure.
A non-refundable Flat Fee shall be paid by an Applicant
in connection with every Application submitted to the City. The
City Commission shall from time-to-time establish by resolution a
Schedule of Flat Fees to be charged for each Application. The Flat
Fee shall vary based upon the type of Application and the estimated
costs to be incurred by the City in reviewing and processing each
type of Application. The Flat Fee may vary based upon the size,
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acreage or number of lots or units within a proposed Project or the
acreage of a parcel of real property petitioning for annexation
into the City. The Flat Fee shall be collected from the Applicant
by the Planning Department at the time of filing of an Application.
The Planning Department shall ensure that the Flat Fee is deposited
through the City's central cashier system. No Application shall be
accepted by the City and no work shall be done by the City on an
Application until the Flat Fee is paid in full.
C. Obligation to Pay Review Costs.
1. Except as set forth in Section 6.C.2 below, every
Applicant shall be responsible for the payment to
the City of all Review Costs incurred by the City
in connection with an Application. All such Review
Costs paid by the Applicant shall be in addition to
the Flat Fee. It shall be within the sole
discretion of the City to determine whether or not
Review Costs are incurred in connection with the
review and processing of an Application. Review
Costs will be invoiced to the Applicant at the same
rate charged to the City by the City Attorney,
legal counsel, consultant or engineer. All such
Review Costs shall be paid by the Applicant in
accordance with the procedures set forth in Section
6.D below.
2. The City Attorney, legal, consultant and
engineering fees and costs incurred by the City in
reviewing and processing the following Applications
shall be included within the Flat Fee for such
Applications as from time to time established by
resolution of the City Commission.
Accordingly, in connection with the above-referenced
Applications the Applicant shall only pay a Flat Fee and
shall not be required to separately pay for Review Costs.
In connection with all other Applications, the Flat Fee
does not include the Review Costs and the Applicant shall
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be required to pay the Flat Fee and to pay for all Review
Costs associated with the Application.
D. Collection Procedure for Review Costs and Review
Deposits.
1. In connection with all Applications for which the
Applicant is responsible for the payment of the
Review Costs, the Applicant shall pay to the City a
Review Deposit in such amount as the City
Commission may establish from time-to-time by
Resolution setting forth a Schedule of Review
Deposits; provided, however, that should the City
Manager or his designee determine that the
anticipated Review Deposit for a Project and/or
Application is inadequate to cover the reasonable
anticipated Review Costs, then the City Manager or
his designee shall direct the Planning Department
to adjust the amount of the Review Deposit in order
to cover the reasonable anticipated Review Costs.
Whenever a Review Deposit is required, it shall be
collected from the Applicant by the Planning
Department at the time of submission of an
Application. No review of any Application subject
to the payment of Review Costs shall commence until
the Review Deposit is paid. The Review Deposit
shall be held in reserve by the City Finance
Manager and returned to the Applicant: (i) upon
issuance of a Certificate of Completion of the
entire project or final action on the Application,
whichever is later, unless it is utilized as
reimbursement for non-payment of any Review Costs
invoiced by the City to the Applicant, or (ii) at
such time as may be mutually agreed upon by the
Applicant and the City Finance Manager; provided,
however, that no review of any Project and/or
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Application shall occur during such time as the
Applicant fails to have the required Review Deposit
on account with the City.
2. Proiect Account - Once an Application has been
submitted to the City and the Review Deposit has
been collected, the City Finance Department shall
establish an individual Project Account through
which Review Costs and Review Deposits will be
monitored. The Planning Department will ensure
that the required Review Deposit is deposited
through the City's central cashier system and
posted to the appropriate Project Account in
coordination with the City Finance Department. The
Project Account will be maintained throughout the
entire review process until: (i) a Certificate of
Completion is issued or final action is taken on
the Application, whichever is later, and final
bills are received by the City for legal,
consultant and engineering fees and costs and all
of said bills are paid in full by the Applicant, or
(ii) such time as may be mutually agreed upon by
the Applicant and the City Finance Manager. At
such time as the Project Account is closed, the
Review Deposit will be refunded to the Applicant or
to such person as the Applicant may designate by
written notice to the City.
3. City Invoices and Collection Procedures; Lien on
Real Property for Non-Payment of Review Costs - The
City Finance Department shall send a City invoice
to the Applicant for payment of Review Costs
incurred by the City with respect to the
Application. The Applicant 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 Application. If payment of the invoice is
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not received within the required time, the City
Finance Department shall send notice of non-payment
to the Applicant and to all City staff,
consultants, engineers and attorney's associated
with the review and processing of the Application
informing them that all review activities with
respect to the Application, including but not
limited to the placing of any item with respect to
the Application on a Development Review Committee,
Planning and Zoning Commission, Board of Adjustment
or City Commission agenda and the issuance of
building permits, 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
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
Applicant and shall become a continuing lien on the
real property related to the Project and/or
Application under review. Any subsequent or new
Owner of the real property related to the Project
and/or the Application shall take title thereto
subject to the obligations of the Applicant under
the terms of this Section 6 and shall be jointly
and severally liable for such obligations;
provided, however, an Applicant may not escape
liability for the deficiency by abandonment of the
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Project, withdrawal of the Application or sale of
the real property with respect to which the
Application has been submitted. 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 (but shall not be obligated to)
record a Notice of Lien in the Public Records of
Orange County, Florida, stating the description of
the real property related to the Project and/or
Application under review, the name of the Owner of
the real property and the amount then due and owing
to the City. If payment of the invoice is not
received within the required time, then review by
the City will not be reactivated on any Project
and/or Application and neither building permits,
Certificates of Completion nor Certificates of
Occupancy will be issued with respect to the
Project or the real property related to the Project
and/or Application until such time as all
outstanding Review Costs are paid in full and a new
Review Deposit for the Project and/or Application
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
Project and/or new Application with respect to the
real property related to the current Project and/or
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Application 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 without regard to whether the new Applicant
had actual notice of the outstanding Review Costs
payable to the City.
4. Attorney's Fees in the Event of Failure to Pay
Review Costs - In the event the City is required to
enforce this Ordinance as provided in Section 6.D.3
above, then the City shall be entitled to recover
from the Applicant 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.
5. Change of Ownership - An Applicant shall provide
prompt written notice to the City Finance Manager
in the event of a change in ownership of all or a
portion of a lot, tract, or parcel of real property
with respect to which an Application is pending
before the City. Such notice shall be on a form
approved by the City and shall include the name,
address and phone number of the new Owner and a
legal description of the lot, tract or parcel of
real property now owned by the new Owner. Any such
new Owner (i) shall not be entitled to utilize or
draw upon any Review Deposit previously paid to the
City by the original Applicant, (ii) shall be
liable to the City for all Review Costs related to
the lot, tract or parcel of real property which
arise subsequent to the date the new Owner acquires
title to such real property, and (iii) may be
required by the City to pay a separate Review
Deposit in the same manner as a new Application in
which case a separate Project Account will be
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opened in the name of the new Owner or the new
Owner's Authorized Agent. If a separate Review
Deposit is required, no work shall be undertaken by
the City with respect to the lot, tract or parcel
of real property now owned by the new Owner until a
separate Review Deposit is paid to the City. Until
such time as the City receives such written notice
of a change in ownership, the original Applicant
shall be jointly and severally liable to the City
for all Review Costs associated with the Project
and/or Application which may subsequently be
incurred by the City in connection with the
activities of the new Owner; provided, however,
that upon receipt by the City of such a
notification of change of ownership the original
Applicant shall no longer be liable to the City for
Review Costs arising solely out of the Project
and/or Application of the new Owner and the new
Owner shall be solely liable to the City for all
such Review Costs associated with the Project
and/or Application activities of the new Owner or
the new Owner's Authorized Agent subsequent to the
date of receipt by the City of such notification.
6. Agreement to be Bound by this Section - Execution
of an Application shall constitute the consent and
agreement of the Applicant and the Owner if the
Application is being executed by the Owner's
Authorized Agent to be bound by the provisions of
this Section 6.
SECTION FOUR: 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.
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SECTION FIVE: 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 SIX: Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor
(SEAL)
ADVERTISED June 25 , 1992
READ FIRST TIME June 16 , 1992
READ SECOND TIME AND ADOPTED
, 1992.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1992.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1992
By: UNDER AGENDA ITEM NO.
City Attorney
C.1WPSINDOCSWCOE\274A.PER 16/12/921 ISSU151 PER:Ah(4)
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