HomeMy WebLinkAboutOrdinance 6048 04/07/2003
ORDINANCE NO. 6048
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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 (LRP 2003-00004).
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 annexation planning fee is consistent with City council policy to achieve
full recovery of the average cost of comprehensive planning services for the
urbanizable area of Springfield's urban growth boundary.
b.) A comprehensive study of the average cost of comprehensive planning services for the
urbanizable area was conducted in December, 2002.
c.) The fee for service is consistent with the facts and reflects the true and average cost of
planning for the urbanizable area.
3.) Based on the above record of findings, the City Council concludes that the SDC amendment is
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:
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Section 1: Appendix 1, DEVELOPMENT CODE FEES, is hereby amended as follows:
Application
DEVELOPMENT CODE FEE SCHEDULE
Cit Limits
Fee
Urban Transition Area
Fee
Pre-Application Meeting (Conference) $353 $424
Pre-Application Report (50% credit) ## $1,824 $1,824
I TYPE I REVIEW I City Limits I Urban Transition Area
Application Fee Fee
Accessory Dwelling Unit $492 N/A
Subdivision or Partition Replat Plat $241 $241
Time Extension for Certain Improvements $165 $203
Property Line Adjustment $241 $321
Partition Plat $942 $942
Subdivision Plat $1,530 N/A
Manufactured Dwelling Park-Space Line Adjustment $193 $214
Manufactured Home-Temporary Residential Use $251 $251
Land Fill and Alteration (plus a volume fee) '" $284 + volume $284+ volume
Minimum Development Standards $492 N/A
. Site Plan Review Modification - Minor $364 $396
TYPE I REVIEW - continued Cit Limits Urban Transition Area
Application Fee Fee
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Ordinance No. 6048
Page 2
Land Use and Zoning Compatibility Statement
Plan Review
Final Site Plan Review/Development Agreement
Final Site Plan Inspection for Occupancy
Floodplain Development Fee .,.
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.
# 10% of the fee charged for the Site Plan Review
## If the subsequent development application substantially conforms 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 permit processed after land use activity conducted without required City
approvals shall be charged a 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 $1 07 per acre plus a $10,700
refundable deposit required;
b) F or tree felling without City approval, there shall be a non-refundable fee of $1 07 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.
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
$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(****)
$1,600
$2,610+ $107 flot
$241
$187
$2,894
$401
$535
(***)
$161
$1,648
N/A
$2,001(**)
$1,335(****)
$1,335(****)
$2,062
$3,175+ $107/lot
$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.
1
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 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 refunded. A separate postage fee of $117 is required for an ELD.
(****) Site Plan $1,140 for less than 5,000 sq. ft. impervious surface; 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.
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Ordinance No. 6048 Page 3
. The Director may waive the fee upon verification of low-moderate income status of the applicant.
'" Any LDAP, Floodplain, or Tree Felling permit 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 $1 07 per acre plus a $10,070
refundable deposit required;
b) For tree felling without City approval, there shall be a non-refundable fee of $1 07 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 fee 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.
I TYPE III REVIEW I City Limits I 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 x $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 $321(****) $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 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.
(**)
(***)
(****)
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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.
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Combined V: Fees for Site Plan Review and Discretionary Use are calculated separately and then combined for this joint application.
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Qrdinance No. 6048 Page 4
Note for all local avveals: If an appellant prevails at the hearing 6f subsequent hearing, the filing fee for the initial hearing shall be
refunded This applies to local appeals only, not to any appealsjiled with LUBA or the courts. To "prevail" an appellant must prevail
on all significant issues presented in the appeal.
Note for HearinfIs Official devosits: 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 $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.
I TYPE IV REVIEW
Application
Annexation
(Same fee schedule as Boundary Commission)
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: Text/Diagram
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
I City Limits
Fee
I Urban Transition Area
Fee
N/A
$730 per acre plus
processing fee (See
Boundary Commission
Fee Schedule)
See Boundary
Commission Fee
Schedule
N/A
$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
$1,391
N/A
Note: All Type III and Type IV applications are subject to a separate postage fee of$I17. 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 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.
Note: The annexation fee of $730 ver acre shall be prorated for parcels smaller than one acre based on a percentaee of an acre.
Parcels lareer than one acre havine a fraction of an acre shall be rounded UP the next hiehest number.
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
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, Ordinance No. 6048
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.
ADOPTED by the Common Council of the City of Springfield by a vote of -L for and -L
against this 7th day of April, 2003.
APPROVED by the Mayor of the City of Springfield this 7th day of April 2003.
A TrEST:
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Kim Krebs, City Recorder
REVIEWED & APPROVED
fJ S '!'"o FORM
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DATE: 3JX~.__\_"?CO"l -
OFFICE OF CITY ATTORNE'"