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Home My WebLink AboutOrdinance 6027 12/02/2002 . . . "I . . ~ " , ORDINANCE NO. 6027 AN ORDIN,ANCE OF THE COMMON COUNCIL OF THE CITY OF'SPRINGFlELD AMENDING APPENDIX 1, DEVELOPMENT CODE FEES SCHEDULE, AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE AND DECLARING AN EMERGENCY (Jo. No~ 2002-09-313). THE CITY COUNCIL 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 I Urban Transition Area Fee Pre-Application Meeting (Conference) Pre-Application Report (50% credit) ## $353 $1,824 $424 $1,824 I TYPE I REVIEW Application I City Limits Fee I Urban Transition Area Fee Accessory Dwelling Unit Subdivision or Partition Replat Plat Time Extension for Certain Improvements Property Line Adjustment Partition Plat Subdivision Plat Manufactured Dwelling Park-Space Line Adjustment Manufactured Home-Temporary Residential Use Land Fill and Alteration (plus a volume fee) e\ Minimum Development Standards . Site Plan Review Modification - Minor $492 $241 $165 $241 $942 $1,530 $193 $251 $284 + volume $492 $364 N/A $241 $203 $321 $942 N/A $214 $251 $284+ volume N/A $396 Land Use and Zoning Compatibility Statement Plan Review Final Site Plan ReviewlDevelopment Agreement Final Site Plan Inspection for Occupancy Floodplain Development Fee "" H~toric Commission Review Under Type I DWP Overlay District Development Department of Motor Vehicle License Department of Motor Vehicle - Renewal Note: T('pe I applications are not subject to a separate postage fee, # 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 $54 fee per lot and for partitions and site plan reviews a $107 fee per acre in addition to the base fee. For development areas over 5 acres a $10,700 deposit is required. "" 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 ,070 for parcels less than one acre, $2,675 for parcels more than one acre and equal to or less than 5 acres, and $5,350 for parcels greater than 5 acres, In addition the following provisions apply: a) For development areas greater than 5 acres, there shall,be an additional fee of $107 per acre plus a $10,700 refundable deposit required; b) For tree felling without City approval, there shall be a non-refundable fee of $107 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 federa1laws, , , Ordinance No. 6027 Page 2 . TYPE I REVIEW - continued Application . I TYPE II REVIEW . Application Modification of Provisions Hospital Support Overlay District Hillside Development Overlay District Site Plan Review Site Plan Review Modification - Major(*****) Partition - Tentative Plan Subdivision - Tentative Plan Subdivision or Partition Tentative Replat Manufactured Dwelling Medical Hardship . Manufactured Dwelling Park Solar Access Guarantee Tree Felling Permit "" Expedited Land Division Historic Commission Review Under Type II Ci Limits Fee Urban Transition Area Fee $59 $59 # $118 $428 ### $54 $433 $210 $110 $59 $59 # $118 $642 ### $134 $647 $210 $110 I City Limits Fee I Urban Transition Area Fee $1,648 $856(*) $1,766(**) $1,140(****) $1,140(****) $1,6dO $2,610+ $107/1ot $241 $187 $2,894 $401 $535 (***) $161 $1,648 N/A $2,001(**) $1,335(****) $1,335(****) $2,062 $3,175+ $107/10t $321 $187 N/A $401 $540 (***) $321 (*) 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, . (***) The fee for an Expedited L!lnd 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 refunded. A separate postage fee of $117 is required for an ELD. if ) r ",. ", Ordinance No. 6027 Page 3 . (****) Site Plan $1,140 for less than 5,000 sq. ft, impervious smface; fee for greater than 5,000 sq. ft, is $1,140 plus $107 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-refundable fee of $1 ,070 for parcels less than one acre, $2,675 for parcels more than one acre and equal to or less than 5 acres, and $5,350 for parcels greater than 5 acres, ill addition the following provisions apply: a) For development areas greater than 5 acres, there shall be an additional fee of $107 per acre plus a $10,070 refundable deposit required; b) For tree felling without City approval, there shall be a non-refundable fee of $107 per unauthorized felled tree, TIlls 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 fie of $58. 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 $5,885 or two times the application fee, whichever is greater; where the development area is greater than ten acres an additional fee of$107 per acre will be charged. (*****) . ~ TYPE III REVIEW Ci Limits Urban Transition Area Application Fee Fee Discretionary Use/Site Plan Review Combined "V Combined "V + $2,354 deposit Discretionary Use $1,482 $1,840 + $2,354 deposit Establishment of Historic Landmark Inventory $1,348 $1,675+ $2,140 deposit Non-Conforming Use - Expansion/Modification $1,482(*) $1,840+ $1,177 deposit . Willamette Greenway Overlay District Development; Greenway Setback Line Already Established $1,482(*) $1,840(*)+ $1,177 deposit Greenway Setback Line Not Already Established $2,418(*) $3,007(*)+ $1,177 deposit Variance $1,589 $1,600+ $1,177 deposit Formal Interpretation $674 $674+ $2,354 deposit Zoning/Overlay District Change $1,862(**) $1,958(**)+ $1,177 deposit Demolition of Historic Landmark $1,054 $1,054+ $1,177 deposit Conceptual Development Plan $3,702 $5,457+ $2,354 deposit Conceptual Development Plan Amendment $1,434+ $107/acre $1,787+ $107/acre + $2,354 deposit Master Plan Approval JC $5,083 + $107/acre + $6,361+ $107/acre + $11,770 deposit $11,770 deposit Master Plan Amendment $1,434+ $2,354 deposit $1,787+ $2,354 deposit Appeal of the Director's Decision $268(***) $268(***) Appeal of an Expedited Land Division $32~(****) $321(****) . (*) The fee for these applications includes the review of Discretionary Use criteria and does not require a separate Discretionary Use application, (**) No fee is charged for removal of the UP -10 Overlay District. (***) TIlls fee is established by ORS, Council acknowledged Neighborhood Associations shall not be charged a fee for this type of appeal if the land subject to the decision is within the Boundaries of the Association. (****) TIlls fee established by ORS. . . . , , Ordinance No. 6027 Page 4 JC There shall be a deposit for Master Plan Approval that will be used to cover City costs for processing in excess of the fee, including any appeal costs. Any portion of the deposit not expended will be refunded to the applicant. Note: An appeal of a Hearings Official decision involving an urban transition area land use decision is filed with the State Land Use Board of Appeals. Combined \1: Fees for Site Plan Review and Discretionary Use are calculated separately and then combined for this joint application. Note for all local appeals: If an appellant prevails at the hearing or subsequent hean'ng, the filing fee for the initial hearing shall be refunded. This applies to local appeals only, not to any appeals filed with LUBA or the courts, To "prevail" an appellant must prevail on all significant issues presented in the appeal. Note for Hearin$?s 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 mtry be reduced 50% pursuant to the cn'teria 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 appraved at the discretion of the Director and shall be charged a non-refundable fee of$5,885 or two times the application fee, whichever is greater; where the development area is greater than ten acres an additional fee of $107 per acre will be charged. TYPE IV REVIEW Application Annexation and Extraterritorial Extensions (Same fee schedule as Boundary Commission) Metro Plan Amendment; Type I Plan Amendment Type II Plan Amendment Establishment of an Historic Landmark District Amendment of Refinement Plan: TextJDiagram Amendment of Development Code Text Vacation; Easements Rights-of-Way, Subdivision Plats, and Other Public Properties Street Name Change Appeal of Planning Commission Decision to City Council Ci Limits Fee Urban Transition Area Fee N/A See Boundary Commission Fee Schedule $7,656 $3,157 $2,873 $3,713 $2,172 $8,817 $3,627 $3,301 $4,264 $2,172 $958 $1,391 $958 $1,391 $1,391 $899 $1,391 N/A Note: All Type III and Type IV applications are subject to a separate postage/ee 0/$117, Citizen initiated plan and code amendments mtry be subject to an additional postage fie to meet the requirements of Ballot Measure 56. Note: Any request to prioritize and expedite the review of a particular application suhmi(tal out of the order in which applications were received shall be appraved at the discretion of the Director and shall be charged a non-refundable fee of $5,885 or two times the application fee, whichever is greater; where the development area is greater than ten acres an additional fee of $107 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 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 1, 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 . . . , Ordinance No. 6027 Page 5 Appendix 1, 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, permit 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 1,2003. ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against this 2nd day of December, 2002. APPROVED by the Mayor of the City of Springfield this 2nd day of December, 2002. \ '-- ATTEST: ~~- . (J\.c.,t,~ Le)~ REVIEWED & APPROVED S TO FOR~ \ 'Ct ....) \-"'-A\~ DATE: \ ~ J c;- ~ou'2- OFFICE OF CITY ATTORNEY