The URL can be used to link to this page

Home My WebLink AboutOrdinance 6071 12/01/2003 . . . t, ORDINANCE NO. 6071 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING APPENDIX 1, DEVELOPMENT CODE FEES SCHEDULE, AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE AND DECLARING AN EMERGENCY (Jo. No. LRP 2003-00027). THE CITY COUNCJL OF THE CITY OF SPRINGFIELD FINDS THAT: 1.) The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance. 2.) Findings in support of adoption of these amendments to the SDC are set below: a.) The proposed fee increases are consistent with City council policy to achieve full recovery of the average cost of processing land use applications. b.) A comprehensive study of the average cost of processing land use applications was conducted by the City in 1999 and the results of that study have been updated to reflect service cost adjustments since that time. c.) The fee increases are consistent with the facts of the fee recovery study and reflect the true and average cost of processing such land use applications. 3.) Based on the above record of findings, the City Council concludes that the SDC amendments are consistent with the Council policy on fee recovery for City services. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1: Appendix 1, DEVELOPMENT CODE FEES, is hereby amended as follows: Application DEVELOPMENT CODE FEE SCHEDULE Ci Limits Fee Urban Transition Area Fee Development Issues Meeting (Conference) Pre-Application Report (50% credit) ## $427 $2,207 I City Limits Fee I Urban Transition Area Fee $513 $2,207 I TYPE I REVIEW Application Accessory Dwelling Unit Time Extension for Certain Improvements Property Line Adjustment Partition Plat and Partition Replat Plat Subdivision Plat and Subdivision Replat Plat Manufactured Dwelling Park-Space Line Adjustment Manufactured Home-Temporary Residential Use Land Fill and Alteration (base plus a volume fee) .. Minimum Development Standards Site Plan Review Modification - Minor $595 $200 $292 $1,140 $1,851 $234 $304 $300 + volume $595 $440 N/A $246 $388 $1,140 N/A $259 $304 $300+ volume N/A $479 . . . Ordinance No. 6071 Page 2 TYPE lREVIEW - continued Application Ci Limits Fee Urban Transition Area Fee Land Use and Zoning Compatibility Statement Plan Review Final Site Plan Review/Development Agreement Final Site Plan Inspection for Occupancy Floodplain Development Fee oft Historic Commission Review Under Type I DWP Overlay District Development Department of Motor Vehicle License Department of Motor Vehicle - Renewal Note: Type I applications are not subject to a separate postage fee. $71 $71 # $143 $518 ### $65 $524 $254 $133 $71 $71 # $143 $777 ### $162 $783 $254 $133 # 10% of the fee charged for the Site Plan Review ## If the subsequent development application substantially confonns to the pre-application report, then up to 50% of the cost of the pre-application fee can be credited to the development application fee (i.e. subdivision or site plan). For subdivisions there shall be a $65 fee per lot and for partitions and site plan reviews a $129 fee per acre in addition to the base fee. For development areas over 5 acres a $10,700 deposit is required. Fee consists ofa base fee plus a volume fee as referenced in the City of Springfield Municipal Code Sections 8.332 (1) and 8.332 (2). ### .. oft Any LDAP, Floodplain, or Tree Felling pennit processed after land use activity conducted without required City approvals shall be charged a non-refundable fee of $1,295 for parcels less than one acre, $3,237 for parcels more than one acre and equal to or less than 5 acres, and $6,474 for parcels greater than 5 acres. In addition the followmg provisions apply: a) For development areas greater than 5 acres, there shall be an additional fee 0[$129 per acre plus a $12,950 refundable deposit required; b) For tree felling without City approval, there shall be a non-refundable fee of $129 per unauthorized felled tree. This fee schedule shall be implemented whether or not the City pursues other remedies available to it through state, local, or federal laws. TYPE II REVIEW Application Ci Limits Fee Urban Transition Area Fee Modification of Provisions $1,994 $1,994 Hospital Support Overlay District $1,036(*) N/A Hillside Development Overlay District $2,137(**) $2,421(**) Site Plan Review $1,379(****) $1,615(****) Site Plan Review Modification - Major(*****) $1,379(****) $1,615(****) Partition and Partition Replat - Tentative Plan $,1936 $2,495 Subdivision and Subdivision Replat - Tentative Plan $3,158+ $ I 29/1ot $3,842+ $129/1ot Serial Property Line Adjustments $583 $777 Manufactured Dwelling Medical Hardship + $226 $226 Manufactured Dwelling Park $3,502 N/A Solar Access Guarantee $485 $485 Tree Felling Pennit oft $647 $653 Expedited Land Division (***) (***) Historic Commission Review Under Type II $195 $388 (*) Development in the HS Overlay District that requires Site Plan Review shall be charged only the Site Plan Review Fee. Development in this District that requires Discretionary Use approval shall be subject only to the fee for Discretionary Use/Site Plan Review. (**) This fee applies only to land divisions in the Hillside Overlay District (Article 26) and is in addition to the land division review fee. Ordinance No. 6071 Page 3 (***) The fee for an Expedited Land Division (ELD) shall be twice the fee calculated for a regular land division plus an appeal fee established in ORS 197.360 to defray costs in the event the decision is appealed. If the decision is not appealed, the appeal fee for the ELD shall be refimded. A separate postage fee of $142 is required for an ELD. (****) Site Plan $1,379 for less than 5,000 sq. ft. impervious swface; fee for greater than 5,000 sq. ft. is $1,379 plus $129 per additional 1,000 sq. ft. Major Modification entails re-notification of surrounding property owners and DRC meeting. The Director may waive the fee upon verification of low-moderate income status of the applicant. Any LDAP, Floodplain, or Tree Felling pennit processed after land use activity conducted without required City approvals shall be charged a non-refimdable fee of$I,295 for parcels less than one acre, $3,237 for parcels more than one acre and equal to or less than 5 acres, and $6,474 for parcels greater than 5 acres. In addition the following provisions apply: a) For development areas greater than 5 acres, there shall be an additionalfee of$129 per acre plus a $12,950 refimdable deposit required; b) For tree felling without City approval, there shall be a non-refimdable fee of $129 per unauthorized felled tree. This fee schedule shall be implemented whether or not the City pursues other remedies available to it through state, local, or federal laws. Note: All Type II applications, except where noted in this Appendix, are subject to a separate postage fte of $70. Note: Any request to prioritize and expedite the review of a particular application submittal out of the order in which applications were received shall be approved at the discretion of the Director and shall be charged anon-refundable fte of $6, 009 or two times the application fte, whichever is greater; where the development area is greater than ien acres an additional fee of $129 per acre will be charged. . (*****) . ." TYPE III REVIEW Application Discretionary Use/Site Plan Review . Discretionary Use Establishment of Historic Landmark Inventory Non-Confotming Use - ExpansionIModification Willamette Greenway Overlay District Development; Greenway Setback Line Already Established Greenway Setback Line Not Already Established Variance F Otmal Interpretation Zoning/Overlay District Change Demolition of Historic Landmark Conceptual Development Plan Conceptual Development Plan Amendment Master Plan Approval J( Master Plan Amendment Appeal of a Type II Director's Decision Appeal of an Expedited Land Division Ci Limits Fee Combined 'V $1,793 $1,631 $1,793(*) $1,793(*) $2,926(*) $1,923 '$816 $2,253(**) $1,275 $4,479 $1,735+ $129/acre $6,150 + $ 129/acre + $14,242 deposit $1,735+ $2,848 deposit $250(***) $300(****) Urban Transition Area Fee Combined 'V + $2,848 deposit $2,226 + $2,848 deposit $2,027+ $2,589 deposit $2,226+ $1,424 deposit $2,226(*)+ $1,424 deposit $3,638(*)+ $1,424 deposit $1,936+ $1,424 deposit $816+ $2,848 deposit $2,369(**)+ $1,424 deposit $1,275+ $1,424 deposit $6,603+ $2,848 deposit $2,162+ $129/acre + $2,848 deposit $7,697+ $ 129/acre + $14,242 deposit $2,162 + $2,848 deposit $250(***) $300(****) (*) The fee for these applications includes the review of Discretionary Use criteria and does not require a separate Discretionary Use application. (**) No fee is charged for removal of the UF-lO Overlay District. (***) This fee is established by ORS. Council acknowledged Neighborhood Associations shall not be charged a fee for this type of appeal if the land subject to the decision is within the Boundaries of the Association. (****) This fee established by ORS. . , Otdinauce No. 6071 Page 4 . There shall be a deposit for Master Plan Approval that will be used to cover City costs for processing in excess of the fee, including any appeal costs. Any portion of the deposit not expended will be refunded to the applicant. Note: An appeal of a Hearings Official decision involving an urban transition area land use decision is filed with the State Land Use Board of Appeals. Combined 'V: Fees for Site Plan Review and Discretionary Use are calculated separately and then combinedfor this joint application. Note for all local avveals: If an appellant prevails at the hearing or subsequent hearing, thefilingfeefor the initial hearing shall be refunded. This applies to local appeals only, not to any appeals filed with LUBA or the courts. To "prevail" an appellant must prevail on all significant issues presented in the appeal. Note for Hearings Official deposits: Any amount not expended shall be returned to the applicant. Charges in excess of the deposit shall be assessed to the applicant Fee Reduction: Any application fee related to the development of low income housing or facilities may be reduced 50% pursuant to the criteria of Section 1.070(4) of this Code. Note: Any request to prioritize and expedite the review of a particular application submittal out of the order in which applications were received shall be approved at the discretion of the Director and shall be charged a non-refundable fee of$6,009 or two times the applicationfee, whichever is greater; where the development area is greater than ten acres an additionalfee of$129 per acre will be charged. I TYPE IV REVIEW Application I City Limits Fee I Urban Transition Area Fee J( Annexation (Same fee schedule as Boundary Commission) N/A $730 per acre plus processing fee (See Boundary Commission Fee Schedule) (See Boundary Commission Fee Schedule) . Extraterritorial Extensions (Same fee schedule as Boundary Commission) N/A Metro Plan Amendment; Type I Plan Amendment Type II Plan Amendment Establishment of an Historic Landmark District Amendment of Refinement Plan: TextfDiagram Amendment of Development Code Text Vacation; Easements Rights-of-Way, Subdivision Plats, and Other Public Properties Street Name Change Appeal of Type III Decision to City Council $9,264 $3,820 $3,476 $4,493 $2,628 $10,669 $4,389 $3,994 $5,159 $2,628 $1,159 $1,683 $1,159 $1,683 $1,683 $1,088 $1,683 $1,088 Note: All Type III and Type IV applications are subject to a separate postage fie of$142. Citizen initiated plan and code amendments may be subject to an additional postage fee to meet the requirements of Ballot Measure 56. Note: Any request to pn'oritize and expedite the review of a particular application submittal out of the order in which applications were received shall be approved at the discretion of the Director and shall be charged a non-refundable fee 01$6,009 or two times the application fee, whichever is greater; where the development area is greater than ten acres an additional fie of $129 per acre will be charged. . Section 2: In the event a particular Development Code Fee or Charge previously adopted by Ordinance has been inadvertently omitted from those designated in Section 1, Appendix 1, Development Code Fees Schedule such fee or other charge shall be deemed to be included and . . . . , . Ordinance No. 6071 Page 5 incorporated into this Ordinance and adopted herein by reference. It is the intent of this Ordinance to reestablish all such omitted fees and charges at the amounts that they existed immediately prior to this Ordinance. Section 3: If any Appendix I, Development Code Fees Schedule fee or other charge should be held invalid by operation of law or any court of competent jurisdiction or the enforcement of any fee restrained by such court pending the final determination as to its validity, the remainder of the Appendix I, Development Code Fees Schedule fees and charges shall not be affected thereby and shall remain in full force and effect. Section 4: Future Ordinances of the Common Council may be adopted to amend, add, or delete any rate, pennit fee, license fee, or other fee or charge. Section 5: It is hereby found and determined that matters relating to the imposition of the Development Code Fees Schedule are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect January I, 2004. ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against this 1st day of December, 2003. APPROVED by the Mayor of the City of Springfield this 1st day of December, 2003. ATTEST: /~~ ~. . Tammy Fitch, Council Prestdent ~hunt- Amy Sow City Recorder 8 f:: \I 1 E\f"Fl' & flJ'C'qQVt:D A~FORM \. \ "'12. ,.-". ~ ~i-" '" Df...TE: \ \ ~..?~ ~ LOQ~ OFFICE OF CITY ATTORNEY