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HomeMy WebLinkAboutResolution 2022-05 01/18/2022 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. 2022-05 A RESOLUTION AMENDING THE SPRINGFIELD MASTER FEES AND CHARGES SCHEDULE TO ADOPT A NEW ENCROACHMENT PERMIT TYPE 2 FEE WHEREAS, the City is authorized pursuant to Section 4 of the 2001 Springfield Charter and Oregon Revised Statutes to establish fees and charges based on costs for specific services rendered; WHEREAS, on May 17, 2021, the City Council adopted Resolutions 2021-17 and 2021-18 adopting the Springfield Master Fees and Charges Schedule to include cost-of-living adjustments, changes in fee descriptions, new fees and omitted fees, but did not include any changes to the Section 6 Building and Safety fees; WHEREAS, on October 18, 2021, the City Council adopted Resolutions 2021-38 adopting Section 6 Building and Safety Fees to include cost-of-living adjustments, changes in fee descriptions, new fees, and omitted fees; WHEREAS, the proposed Section 7 Engineering include a new Encroachment Permit"Type 2"fee to distinguish this category of higher level Encroachment Permits from the existing category of Encroachment Permits, which will be renamed as"Type 1"; and WHEREAS, the opportunity for public comment at a public hearing has been provided prior to the adoption of this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Springfield Master Fees and Charges Schedule, Section 7 Engineering, is hereby amended as provided in Exhibit A, attached hereto. Except as specifically provided herein, all other fees and charges adopted by Resolution 2021-17, 2021-18, and 2021-38 will remain in full force and effect. Section 2: Future Resolutions of the Common Council may be adopted to amend, add, or delete any rate, permit fee, license fee, or other fee or charge. Section 3: If any particular rate, permit fee, license fee, and other fee or charge is 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 rates, permit fees, license fees, fees, and charges specified in the Springfield Master Fees and Charges Schedule shall not be affected thereby and shall remain in full force and effect. Section 4: This Resolution will take effect on February 1, 2022. ADOPTED by the Common Council of the City of Springfield this 18thday of JanuaLy 022, by a vote of 6 for and 0 against. ATTEST: REVIEWED&APPROVED AS TO FORM `-1 Mary 3rLdagtS*tilli DATE: Janary 18. u2022 City Recorder SPRINGFIELD CITY ATTORNEY'S OFFICE Exhibit A, Page 1 of 9 Section 7: Engineering The following fees shall be charged for the Engineering activities of the City: Land Drainage Alteration Permit (Resolution 11-23,SMC 8.332(1), 8.332(2)) Plan Checking Fee For excavation and fill on the same site,the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking,the Development and Public Works Director shall collect a plan-checking fee.Where not covered by the approved improvement plans for the development,separate permits and fees may apply to retaining walls or major drainage structures in accordance with the State Building Code.There shall be no separate charge for standard terrace drains and similar facilities.The amount of the plan checking fee for grading plans shall be based on the average actual costs as set forth by resolution of the City Council.The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system,as well as for meeting the routine obligations of ownership,which is necessary for the regulation of and provision for public health,safety,and welfare.The charge is controlled by the user's or potential user's request and choice of the kind, nature and quantity of use.The plan-checking fee,for a grading permit authorizing additional work to a valid permit,shall be the difference between such fee paid for the original permit and the fee shown for the entire project. Grading Permit Fees A fee for each grading permit shall be paid to the Development and Public Works Director based on the average actual costs as set forth by resolution of the City Council.The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system,as well as for meeting the routine obligations of ownership,which is necessary for the regulation of and provision for public health,safety,and welfare.The charge is controlled by the user's or potential user's request and choice of the kind, nature,and quantity of use.The fee for grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. Single Family/Duplex Residential "Short Form"fee (non-sensitive areas: i.e. lot slope less than 15%; no work in or near a drainageway or swale; no wetlands on site; not in a flood plain) Flat fee $565.00 "LDAP"fee (work within sensitive areas: i.e. any of the following: lot slope equal to or greater than 15%; work in or near a drainageway or swale; wetlands on site; site in flood plain) Flat fee $1,127.00 Commercial/Industrial/Multifamily/Other 1) Plan Check Fee $565.00 2) Plus: Volume Fee Up to 100 cubic yards $281.00 101 to 1,000 cubic yards $281.00 Plus: Per 100 cubic yards over 100 $55.00 1,001 to 25,000 cubic yards $775.00 Plus: Per 1,000 cubic yards over 1,000 $94.00 Resolution No.2022-05 Exhibit A, Page 2 of 9 Greater than 25,000 cubic yards: Actual recorded staff costs, overhead and project expenses $3,032 minimum Plus: $4,992 deposit and additional deposits as required Plus Permit Administration/Inspection Fee Up to 100 cubic yards $281.00 101 to 1,000 cubic yards $281.00 Plus: Per 100 cubic yards over 100 $94.00 1,001 to 25,000 cubic yards $1,132.00 Plus: Per 1,000 cubic yards over 1,000 $187.00 Greater than 25,000 cubic yards Actual recorded staff costs, overhead and project expenses $5,311 minimum Plus $4,709 deposit and additional deposits as required 5%Technology Fee (surcharge) will be applied when imposed or collected. Corrective LDAP Any LDAP processed after work is conducted without required City approvals is considered a corrective LDAP. In addition to the normal LDAP fees, calculated based on an estimate of the work performed at the time of the corrective LDAP, the corrective LDAP shall also pay for actual recorded staff costs, overhead, and project expenses in the administration of the corrective LDAP. The initial deposits for the corrective LDAP, in addition to the standard LDAP fees, shall be$3,275 for parcels less than one acre and $3,275 +$1,664 per acre for parcels more than one acre. If the deposit is insufficient to cover City expenses for the project, additional deposits will be required. Re-Inspection Fee $123.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Asphalt Damage Deposit (SMC 3.210(1)(a), 3.212(3)) Before the issuance of any permit under this article,the Development and Public Works Director shall require the applicant to deposit such reasonable security as the Director requires to comply with the provisions of this article and with the City's specifications pertaining to the conduct of work. $1,078.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Resolution No.2022-05 Exhibit A, Page 3 of 9 Comprehensive Fee for Use of Public Ways(Non-Utility) (SMC 3.224) No structure or device shall be placed in, upon,over or under the public way unless the owner of such structure or device shall have received a placement permit authorizing the placement of such structure or device.Any violation of this provision shall be an infraction within the meaning of Chapter 5 of this code. Annual rental of City conduit $2.22per foot Annual placement fee for conduit four inches or less in diameter $5.64per foot And for each inch of diameter in excess of four inches. $1.11per foot 5%Technology Fee(surcharge)will be applied when imposed or collected. Wireless Telecommunications,per Structure with Attached Facilities $649.00 Encroachment Permit (SMC 3.212(1))Applications for the encroachment permit shall be on the form prescribed by the Development and Public Works Director,and accompanied by the fee therefore, in an amount fixed by the Council by resolution. Type 1:The Encroachment Permit Type 1 is intended for encroachment permit requests that do not rise to the level of a Type 2 permit. $351.00 Re-inspection Fee $123.00 5%Technology Fee(surcharge)will be applied when imposed or collected. Type 2: The Encroachment Permit Type 2 is intended for complex encroachment permit requests that require professional plans but that do not rise to the level of a Public Improvement Project. Deposit Flat Fee $4,500.00 5%Technology Fee(surcharge)will be applied when imposed or collected. Sign Permit Fee: Signs in the Public Right-of-Way(Banners) (SMC 3.223(1),(7)) Banner.Any non-rigid material such as canvas,vinyl or cloth,with no enclosing framework,which contains advertising copy. Over the Street Banner (SMC3.223(1),(7))Over the Street Banner.A banner that hangs between two poles that straddle the City street at locations designated by the City. Per permit $167.00 Open Banner (SMC 3.223(1),(7))Open Banner.A double sided,embroidered banner displayed in the Downtown or Mohawk area that is attached to a pole,purchased and installed by the City,and advertises a business or organization. Downtown Business District $123-167 Mohawk Business District $123-167 Light Pole Banner (SMC3.223(1),(7)) Pole Banner. A banner attached to City utility poles or traffic signal poles at designated areas throughout the City. Per permit $111.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Comprehensive Telecommunication Placement Plan Review Fee Resolution No.2022-05 Exhibit A, Page 4 of 9 (SMC 3.226(6))At the election of the applicant,the applicant may file a comprehensive telecommunications placement plan which describes all facilities it presently intends to install.Such plan is subject to approval of the Development and Public Works Director and may be modified from time to time by the applicant with the approval of the Development and Public Works Director.The fee for review of such plan shall be fixed by the Council by resolution. $882.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Curb Cut Fee (SMC 3.254, 3.256) In case the permit shall be granted, it shall be the duty of the applicant to pay a fee based on the average actual costs as set forth by resolution of the Council.The same fee shall be charged for new construction or repair.The rates and charges herein provided are incurred costs based upon the use or availability for use of the public right-of-way,the availability of which is necessary for the regulation of,and provision for,the public health,safety and welfare.The charge is controlled by the user's(or potential user's) request and choice of the kind,nature and quantity of use. First curb cut $127.00 Second curb cut $68.00 Re-inspection fee Per re-inspection $123.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Curb Cut Fee and Sidewalk Construction Permit: Multiple Permit Discount (SMC 3.250, 3.256, 3.300(1)) Before any sidewalk in a public right of way is started,a permit shall be obtained from the building official.At the time the permit is issued,the applicant shall pay a fee based on the average actual costs for permit administration and sidewalk inspection as set forth by resolution of the Council for the sidewalk,for either new construction or repair.These requirements do not apply, however,when such work is done under contract with the City or covered by a subdivision agreement with the City.The rates and charges herein provided are incurred costs based upon the use or availability for use of the public right-of-way,the availability of which is necessary for the regulation of,and provision for,the public health,safety and welfare.The charge is controlled by the user's(or potential user's) request and choice of the kind, nature and quantity of use. Discount when applicant obtains up to three Curb Cut or Sidewalk Construction Permits in same location. $43.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Placement Permit for Standard Mailbox-No Sidewalk Construction (SMC 3.226) No fee Placement Permit (SMC 3.226(2)) Prior to placing a structure or device in the right-of-way,the owner of such structure or device shall secure a placement permit,which permit shall also serve as an encroachment permit. $351.00 Per re-Inspection $123.00 Plus an Asphalt Damage Deposit (SMC3.214(2)(b)) $1,078.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Public Right of Way Use Agreement (SMC 3.226(2)) Prior to placing a structure or device in the right-of-way,the owner of such structure or device shall secure a placement permit,which permit shall also serve as an encroachment permit. Initial Permit $1,219.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Resolution No.2022-05 Exhibit A, Page 5 of 9 Sidewalk Cafe Permit (SMC 7.904) In the downtown district only,the City Manager,or the manager's designee, may issue a revocable permit for an outdoor cafe allowing for the service of food and beverages at facilities placed on sidewalks within the public right-of-way abutting an existing eating establishment. Initial Permit $68.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Sidewalk Construction Permit (SMC 3.300, 3.310(1))Before any sidewalk in a public right-of-way is started,a permit shall be obtained from the building official.At the time the permit is issued,the applicant shall pay a fee based on the average actual costs for permit administration and sidewalk inspection as set forth by resolution of the Council for the sidewalk,for either new construction or repair. For the first 90 feet of sidewalk $127.00 Per square foot after $0.13 Re-inspection fee $123.00 Sidewalk Repair Permit $24.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Sewer Connection Fee-Unassessed (Sewer In-Lieu-of-Assessment Fee) (SMC 3.356(3)) Upon making an application as herein provided,such person shall pay to the City an amount based upon the City's established rate per square foot of benefited property.This rate is based on the average actual sewer construction costs per square foot of benefited property,as set by resolution of the Council.Any rate adjustment shall be determined by the previous year's sewer construction costs and projected inflation to the next construction season.The depth of the benefited property shall not exceed 150 feet from the street or 150 feet from the sanitary sewer line if the sewer line is not within the street right-of-way,except by special authorization by the Development and Public Works Director and based upon reasonable judgment,such as a.The location of the building in relation to the referenced 150 foot line; b.The possibility of future development for the building sites beyond the 150 foot depth. Except as provided by(a)and (b) immediately preceding,a reduced charge will be charged for that area beyond the 150 foot line.The sum so paid may be deposited against any future sanitary sewer assessment which may be made against said property. In the event the sum paid exceeds the assessment any excess will be refunded to the property owner. Per square foot for first 150 feet of depth $0.74 And per square foot thereafter $0.37 5%Technology Fee (surcharge) will be applied when imposed or collected Unassessed Property along McVay Highway, Franklin Boulevard to Nugget Way (SMC 3.356(3)(c))The City Council has determined that a special rate is appropriate for properties directly benefitted by the Franklin/McVay Sanitary Sewer Extension,City Project#21080,to provide a reasonable and just fee based upon the size and configuration of the benefitted properties. Per square foot $0.22 5%Technology Fee (surcharge)will be applied when imposed or collected. Resolution No.2022-05 Exhibit A, Page 6 of 9 Sewer Construction Permit (SMC 3.358(4))An application for a permit to construct a sanitary sewer shall be accompanied by a fee set by resolution of the Council. If more than 50 percent of an existing sewer line is to be reconstructed,then it shall be classed as new construction. No charge Sewer Reconstruction Permit (SMC 3.358(5))An application for a permit to reconstruct any sanitary sewer shall be accompanied by a fee set by resolution of the Council. If less than 50 percent of an existing sewer line is to be reconstructed, then it shall be classed as repairs. No charge Temporary Storage Fee (SMC 3.214(2)(b))Fee for the temporary storage of articles in the public right-of-way during construction as provided for in section 5.052(2)(a), if applicable: Per square foot with a $345.00 minimum charge $2.22 plus and Asphalt Damage Deposit(SMC 3.214(2)(b) $1,078.00 5%Technology Fee (surcharge) will be applied when imposed or collected. General Engineering Fees Public Improvement Permit(PIP): Plan Approval and Deposits Schedule of deposits pertaining to PIP plan approval and permit (SMC 3.018(1)) From time to time the Council shall,on recommendation of the City Engineer, by resolution,adopt a schedule of deposit amounts that shall categorize projects and the required deposit. In determining the recommended amount of a deposit,the City Engineer shall consider the actual costs of performing review for approval and preliminary testing,and the costs of inspection,testing,and other services provided to projects of similar cost of construction in the immediately preceding fiscal year, adjusted by the change in the Construction Cost Index during the past twelve months. (2) Such actual costs shall include the employee's base salary; other direct project expenses,such as copies, project documentation,the use of consultants,the cost of materials testing and an allowance for indirect costs based on percentages determined by the Finance Director. Deposits shall be in accordance with such schedule except where the City Engineer determines, in writing,that unusual circumstances associated with the project require a deposit of a greater or lesser amount. City Plan Examination Deposit Estimated Project Cost $0 to $100,000 $3,000 -or- $100,001 and over $3,000+ 1%of Project over$100,000 5%Technology Fee (surcharge) will be applied when imposed or collected. City Engineering and Inspection Deposit Estimated Project Cost $0 to $100,000 $6,000 -or- $100,001 and over $6,000+ 1%of Project over$100,000 Resolution No.2022-05 Exhibit A, Page 7 of 9 Job Control Testing Fees and Deposits Soil Bearing Tests 1/500 L.F. at * each Soil Densities 1/250 L.F. at * each Curb Rock Densities 1/150 L.F. at * each Base Rock Densities 1/150 L.F. at * each Concrete CLY. and Slump 1/100 C.Y. at * each A.C. Extractions per Class 1/500 TON at * each Asphaltic Concrete Densities (each lift) 1/150 L.F. at * each Asphaltic Job Mix Testing Fee per project * above indicates fee is paid for by the developer to a third party testing company. 5%Technology Fee (surcharge) will be applied when imposed or collected. Post-Monumentation Deposit for Subdivision (ORS 92.065(1)) Base deposit $2,800.00 Plus monument(each) $120.00 This Deposit is refundable when the City Surveyor deems the Post Monumentation is completed. In the event that the Subdivision is not monumented within the conditions of post monumentation, the funds will be utilized by the City Surveyor to complete said monumentation per Statute. A non-refundable 5%Technology Fee (surcharge)will be applied when imposed or collected. Project Bid Books and Project Draft Plans (ORS 192.324(4))Oregon Revised Statutes authorize the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing,compiling,or tailoring such records,either in organization or media,to meet the person's request. Minimum,varies by project $33.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Just Compensation due to Land Use Regulation (ORS 195.310&ORS 195.312)A person filing a claim under ORS 195.310 for just compensation due a City land use regulation must file the claim in the manner provided under ORS 195.312. The City may impose a fee for review of a claim filed under ORS 195.310 in an amount not to exceed the actual and reasonable cost of reviewing the claim. Per Application $627.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Re-Apportionment Fee (SMC 3.154)Apportionment or reapportionment shall only be made upon the written request of the record owner of the tract or parcel of property involved directed to the finance director.The request shall be accompanied by a survey map of the parcels to receive the assessment liens as reapportioned, together with a legal description thereof.Apportionment or reapportionment shall only be made upon the written request of the record owner of the tract or parcel of property involved directed to the finance Resolution No.2022-05 Exhibit A, Page 8 of 9 director.The request shall be accompanied by a survey map of the parcels to receive the assessment liens as reapportioned,together with a legal description thereof. First two lots $33.00 Extra per lot $14.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Other Engineering Fees Asphaltic Job Mix Testing Fee Each Public Improvement Project using asphaltic paving $483.00 5%Technology Fee (surcharge) will be applied when imposed or collected. Local Improvement District Assessment Service Fee (SMC 3.072)An assessment service fee of 6.2 percent of the cost of direct construction,advertising, testing and engineering of local public improvement projects shall be added and included in the assessment made to each benefiting property owner in order to cover the origination, billing and collection cost on assessment. Per Assessment 6.2%of Assessment Reimbursement District Application Fee (SMC 3.610(1))A person who is required to or chooses to finance some or all of the cost of an infrastructure improvement that will be available to provide service to property,other than property owned by the person, may, by written application filed with the Development and Public Works Director, request that the City establish a reimbursement district.The infrastructure improvements must be in addition to or in a size greater than those that would otherwise ordinarily be required in connection with the application for permit approval and must be available to provide service to property other than property owned by the applicant. Examples include, but shall not be limited to, intersections,full-street rather than half-street improvements,traffic signals,off-site sidewalks,connection of street sections for continuity,extension of water lines,and extension of sewer lines.The City may also initiate formation of a reimbursement district.The application shall be accompanied by a fee,as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this section. Per Benefitted Parcel $555.00 Each Reimbursement District Administration Fee (SMC 3.165(2))The City may charge a fee for administration of the agreement.The administration fee shall be fixed by the Council in the resolution approving and forming the reimbursement district.The administration fee is due and payable to the City at the time the agreement is signed (or, if specified as a percentage,shall be paid quarterly based upon the reimbursement fees paid during that quarter). For Reimbursement Districts with 10 or fewer Benefitted Parcels $555.00 each For Reimbursement Districts with more than 10 Benefitted Parcels 6.2%of the Reimbursement Fees collected from a District each quarter Traffic Engineering Fees Traffic System Damage Fee These fees are meant to reimburse the City for damage caused to traffic sign posts and curbs from drivers. Resolution No.2022-05 Exhibit A, Page 9 of 9 Reinstall Single Post, Sign and Base $262 each Reinstall Double Post, Sign and Base $419 each Repaint, Overpaint Curb, Less Than 25 Ft. $209 each Portable Changeable Message Sign Fee This fee compensates the City for use of its Portable Changeable Message Signs (PCMS) and covers the City's operating costs associated with deploying and operating PCMS units for events and other activities undertaken by outside agencies. Deploy, Program, and Retrieve PCMS $1,674 per each location Operate and Maintain PCMS $22 day Operate and Maintain PCMS $83 week Resolution No.2022-05