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HomeMy WebLinkAboutordinance.council.004-11 ORDINANCE NO. 4 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND CERTAIN MUNICIPAL FEES RELATED TO DEVELOPMENT APPLICATIONS. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain user fees for Building Permit and Inspection Services, is hereby amended to read as described in Exhibit A. Section 2. That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain user fees for Land Use Applications for planning or historic preservation review, is hereby amended to read as described in Exhibit B. Section 3. That Section 26.104.071 of the Municipal Code of the City of Aspen, Colorado, which section did set forth certain fees for historic preservation review, is hereby amended to read as follows: Sec. 26.104.071— Reserved. Section 4. That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth certain fees for zoning review and inspection services of a building permit application, is hereby amended to read as described in Exhibit C. A public hearing on the ordinance was held on the 28 day of February, 2011, the 14 day of March, and the 28` day of March, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14 day of February, 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. h ,'.ch, City Clerk FINALLY adopted, passed and approved this 28 day of March, 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. .ch, City Clerk Sec. 2.12.100 — BUILDING PERMIT FEES Exhibit A The Chief Building Official may establish policies for estimating permit valuation, including policies and procedures for accepting applicant- submitted project valuation, which may include post - project audit and fee reconciliation requirements. Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The Community Development Director shall waive building permit fees for General Fund Departments of the City of Aspen consistent with City policy. The Community Development Director may reduce building permit review fees by no more than 50% for projects with a fee significantly disproportionate to the service requirements. The City may not waive or reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax. This fee structure applies to applications submitted on or after November 1, 2011. Permit Valuation Fee Schedule Permit Valuation Fee based on Valuation $0 - $5,000 $25.00 Flat fee $5,001 to $10,000 $50.00 Flat fee $10,001 to $100,000 $50 plus 3.5% of permit valuation over $10,000 $100,001 to $250,000 $3,200 plus 2.5% of permit valuation over $100,000 $250,001 to $500,000 $6,950 plus 2.0% of permit valuation over $250,000 $500,001 to $1,000,000 $11,950 plus 1.65% of permit valuation over $500,000 $1,000,001 to $2,500,000 $20,200 plus 1.25% of permit valuation over $1,000,000 $2,500,001 to $5,000,000 $38,950 plus 1.0% of permit valuation over $2,500,000 $63,950 plus .75% of permit valuation over $Above $5,000,000 $5,000,000 and 0.5% of permit valuation over $10,000,000 Hourly Building Permit Review Fee $250 per hour Fees Due Upon Permit Acceptance: Plan Check Fee Small Projects: For 2011, projects with valuation 65% of the Permit Valuation Fee. between $10,001 and $50,000 shall pay 15% of the Plan Check, Energy Code fee, and Building Permit Fee. Projects between $50,001 and $150,000 shall Energy Code Review Fee pay 35% of the Plan Check, Energy Code fee, and 15% of the Permit Valuation Fee. Building Permit Fee. Projects between $150,001 and $200,000 shall pay 45% of the Plan Check, Energy Code fee, and Building Permit Fee. Fire Plan Check 65% of the Permit Valuation Fee. This fee is based on the valuation of the sprinkler system only Fees Dues Upon Permit Issuance: Building Permit Fee 100% of the Permit Valuation Fee. Fire Sprinkler Permit Fee 1 00% of Permit Valuation Fee. This fee is based on the valuation of the sprinkler system only REMP Fees - as applicable See Residential Renewable Energy Mitigation Program or Commercial Renewable Energy Mitigation Program, as applicable. Use Tax Deposit - City of Aspen 2.1% of value of materials for projects over $100,000 [(Project Valuation - $100,000.00) X .5] X 2.1% Use Tax Deposit - Pitkin County 0.5% of value of materials (Project Valuation X .5) X .5% Geographic Information Systems Fee Only applies to permits changing the footprint of a building. Interior work is exempt. $250.00 Fees Dues Upon Certificate of Occupancy or Final Inspection Fee Reconciliation Payment and reconcilliation of all plans review, change order, inspection fees as applicable. Adjustments in project valuation are subject to department policy. Use Tax Adjustment - City of Aspen Final Use Tax calculation minus Original Use Tax calculation Adjustment and reconcilitation occurs 30 days after issuance of a CO. Use Tax Adjustment - Pitkin County Pursuant to Pitkin County Use Tax Policy Change Order Fees Applications for change orders shall cause a new project valuation. The change order fees shall be based on this revised permit valuation. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Not all change orders will require additional fees in each fee category. A change order fee applies each time a change order is submitted. A change order may propose multiple changes and applicants are encourage to "bundle" their change order requests to minimize fees. Change Order Fee - Plans Examination Minor Change Order - Projects with a valuation of $500,000 or less. Greater of 5% of revised Permit Valuation Fee or $250 Major Change Order - Projects with a valuation more than $500,000. Greater of 10% of revised Permit Valuation Fee or $500 Change Order Fee - Energy Code 10% of original Energy Code fee Change Order Fee - Fire Sprinkler Pursuant to Aspen Fire Protection District Policy Special Services Fees Expedited/Phased Permit Fee - applies to the issuance of an Excavation /Foundation only 35% of the Permit Valuation Fee. Fee is in addition to fees due upon issuance of a full building permit. Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no permit is required or no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Building Permit Extension Fee - for each extension $125.00 Projects with a valuation of $500,000 or less. $250.00 Projects with a valuation of more than $500,000. Certificate of Occupancy Fee No charge Conditional Certificate of Occupancy - Valid for a limited period $250.00 for first CCO issued $500.00 for second CCO issued $1,000.00 for third and subsequent CCO issued. Issuance is at the discretion of the Chief Building Official Enforcement Fees and Penalties No Certificate of Occupancy or Conditional CO shall be issued until all fees have been paid in full. Violations of this policy are subject to fines, penalties, or assessments as assigned by the Municipal Court Judge Stop Work Order or Correction Notice Fee - Assesment for non - permitted work: 1st Infraction Double Permit Valuation Fee 2nd Infraction Four times the Permit Valuation Fee 3rd Infraction Contractor License subject to suspension or revocation plus eight times the Permit Valuation Fee. Enforcement Penalties and Fees For violations of the adopted building codes other than a stop work order or correction notice, the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations of the Building Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any work on the property for a period of time; recovery of costs to the public for any required remediation of the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff to address the violation; and, other fees, fines, and penalties or assesments as assigned by the Municipal Court Judge. Renewable Energy Mitigation Fees RREMP (Residential) Exterior Enemy Use Calculations Snowmelt: $34.00 per square foot divided by boiler efficiency (AFUE) Exception: Areas critical to pedestrian ingress, egress, or life safety may be snow melted with the approval of the Chief Building Official. Outdoor Pool: $136.00 per square foot divided by boiler efficiency (AFUE) Spa: $176.00 per square foot divided by boiler efficiency (AFUE) Package, or portable self- contained, spas not more that 64 square feet are exempt Roof and gutter deicing systems: The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated above. On -Site Renewable Credits Photovoltaic Systems: $6,250 per 1 KiloWatt of the system (certain restrictions apply). Solar Hot Water: $125 per 1 square foot of the system design Ground Source Heat Pump: $1,400.00 per 10,000 BTU per hour of the system capacity (certain restrictions apply). CREMP (Commercial) Exterior Energy Use Calculations Snowmelt: $60.00 per square foot divided by boiler efficiency (AFUE) Exception: Areas critical to pedestrian ingress, egress, or life safety may be snow melted with the approval of the Chief Building Official. Outdoor Pool: $170.00 per square foot divided by boiler efficiency (AFUE) Spa: $176.00 per square foot divided by boiler efficiency (AFUE) Package spas not more that 64 square feet are exempt Roof and gutter deicing systems: The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated above. On -Site Renewable Credits Photovoltaic Systems: $6,250 per 1 KiloWatt of the system (certain restrictions apply). Solar Hot Water: $224.65 per 1 square foot of the system design (certain restrictions apply). Ground Source Heat Pump: $1,400.00 per 10,000 BTU per hour of the system capacity (certain restrictions apply). ELECTRICAL PERMIT FEES Section A: Residential Fees This fee, based on the enclosed living area only, includes construction of, or remodeling or addition to a: single family home, duplex, condominium, or townhouse If you are ONLY changing or providing a service and not wiring any portion of the above, see section B below for correct permit fee. LIVING AREA Not more than 1,000 s.f. $115.00 1,001 to 1,500 s.f $172.50 1,501 to 2,000 s.f $230.00 More than 2,000 s.f Base fee of $230.00 plus $11.50 per 100 s.f over 2,000 Example: The home is 2,235 s.f. The base fee for 2,000 s.f. (of the 2,235 s.f. total) is $230 $230.00 The remaining 235 s.f. is rounded up to 300 s.f. (3 x $11.50 = $34.50) $34.50 Total fee is: $264.50 Section B: All Other Fees Including some residential installations that are not based on square footage (not in a living area, i.e. garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer, including electrical materials, items and labor - whether provided by the contractor or the property owner. Use this chart for a service connection, a temporary meter, and all commercial installations. Such fees shall be computed as follows: (See 'C' below for the permit fees for mobile /modular home and travel trailer parks). Valuation of Installation: (based on cost to customer of labor, materials, and items): Not more than $2,000.00 $115.00 $2,001.00 and above $11.50 per thousand OR FRACTION thereof PLUS $115.00 Example: The cost of installation is $5,150 (round up to $6,000) The base fee is calculated as: 6 x $11.50 = $69 PLUS $115 Total fee is: $184.00 Section C: Mobile Homes and Travel parks, per space $115.00 Section D: Reinspections $57.50 Section E: Extra Inspections $57.50 Section F: Temporary Heat Release $57.50 MECHANICAL PERMIT FEES Permit Issuance and Heaters 1 For the issuance of each mechanical permit $62.50 2 For issuing each supplemental permit for which the original has not expired, been $25.00 canceled or had a final inspection Unit Fee Schedule (Note: the following does not include permit issuing fee) 1 Furnaces For the installation or relocation of each forced -air or gravity -type furnace or burner, $62.50 including ducts and vents attached to each appliance up to and including 100,000 Btu /h (29.3 kW) For the installation or relocation of each forced -air or gravity -type furnace or burner, $62.50 including ducts and vents attached to such appliance over 100,000 Btu/ h (29.3 kW) For the installation or relocation of floor furnace, including vent $62.50 For the installation or relocation of each suspended heater, recessed well heater or $62.50 floor- mounted unit heater 2 Appliance Vents $31.25 For the installation, relocation or replacement of each appliance vent installed and not included with unit heater 3 Repairs and Additions $31.25 For the repair of, or addition of each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical code 4 Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 $62.50 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu /h (29.3 kW) For the installation or relocation of each boiler or compressor over 3 horsepower $125.00 (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu /h (29.3 kW) to and including 500,000 Btu /h (293.1 kW) For the installation or relocation of each boiler or compressor over 15 horsepower $166.67 (52.7 kW) to and including 30 horsepower (105.5 kW) Or each absorption system over 500,000 Btu /h (146.6 kW) to and Including 1,000,000 Btu /h (293.1 kW) For installation or relocation of each boiler or compressor over 30 horsepower $250.00 (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu /h (293.1 kW) to and including 1,750,000 Btu /h (512.9 kW) For the installation or relocation of each boiler or compressor over 50 horsepower $312.50 (176 kW) or each absorption system over 1,750,000 Btu /h (512.9 kW) 5 Air Handlers For each air - handling unit to and including 10,000 cubic feet per minute (cfm) (4719 $31.25 L/s), including ducts attached thereto Note: This fee does not apply to an air - handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in the Mechanical Code. For each air - handling unit over 10,000 cfm (4719 L /s) $62.50 6 Evaporative Coolers For each evaporative cooler other than portable type $31.25 7 Ventilation and Exhaust For each ventilation fan connected to a single duct $25.00 For each ventilation system which is a portion of any heating or air cooling system $31.25 authorized by a permit For the installation of each hood which is served by the mechanical exhaust, $31.25 including the ducts for such hood 8 Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but is $31.25 not classed in the other appliance categories, or for which no other fee is listed in the table. Other Fees - Mechanical Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Change Orders - Mechanical $250.00 per hour for any additional plan review required by changes, additions or revisions to previously submitted plans. Minimum of one hour. PLUMBING PERMIT FEES Permit Issuance 1 For the issuance of each plumbing permit $62.50 2 For issuing each supplemental permit for which the original has not expired, been $25.00 cancelled or finaled Unit Fee Schedule (does not include permit- issuing fee) 1 Fixtures and Vents For Each plumbing fixture or trap or set of fixtures on one trap (including water, $25.00 drainage piping and backflow protection thereof) For repair or alteration of drainage or vent piping, each fixture $12.50 2 Sewers, Disposal Systems and Interceptors For each building sewer and each trailer park sewer $250.00 For each cesspool $500.00 For each private sewage disposal system $1,000.00 For each industrial waste pretreatment interceptor, including its trap and vent, $62.50 excepting kitchen -type grease interceptors functioning as traps Rainwater systems, per drain (inside buildings) $31.25 3 Water Piping and Water Heaters For installation, alteration, or repair of water piping or water treating equipment, or $25.00 both. Fee for each. For each water heater including vent $31.25 4 Gas Piping Systems For each gas piping system of one to five outlets $12.50 For each additional outlet over five, each $6.25 5 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices For each lawn sprinkler system on any one meter, including Back -flow protection $25.00 devices thereof. For atmospheric -type vacuum breakers or backflow protection devices not included in Item 1: 1 to 5 devices $25.00 Over 5 devices, each $6.25 For each backflow- protection device other than atmospheric -type vacuum breakers: 2 inches (50.88 mm) and smaller $31.25 Over 2 inches (50.88 mm) $50.00 6 Swimming Pools For each swimming pool or spa: Public pool $1,500.00 Public spa $750.00 Private pool $500.00 Private spa $250.00 7 Miscellaneous For each appliance or piece of equipment regulated by the Plumbing Code but not $31.25 classed in the other appliance categories, or for which no other fee is listed in this code Other Fees - Plumbing Reinspection Fee - Applies to inspection required after a failed inspection $250.00 per reinspection After Hours Inspection Fee $250.00 per hour, a minimum of two hours for any one inspection. Special Inspection Fee - Applies when no fee is otherwise established $250.00 per hour, a minimum of one hour for any one inspection. Change Orders - Plumbing $250.00 per hour for any additional plan review required by changes, additions or revisions to previously submitted plans. Minimum of one hour. Sec. 26.104.070 - PLANNING & HISTORIC PRESERVATION REVIEW FEES Exhibit B Hourly Review Fee $315 per hour No Charge Planning and Historic Preservation Services Applies to: $0 Pre - Application / Pre - Permit meetings Call -in, walk -in development questions GMQS - SF or Dx on Historic Landmark Historic Designation Hist. Pres. - Exempt Development Hist. Pres. - Minor Amendment, HPO Review Hist. Pres. - Minor Amendment, Monitor Review Development Order Publication Fee Note: Applicant meetings with the Zoning Officer or a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, city regulations, etc. An applicant shall be billed for any pre - application or pre - permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning /Zoning hourly billing rate. The applicant will be notified prior to any billing for pre - application or pre - permit service. Planning Review - Administrative, Flat Fees Applies to: Flat Fee 1 $79 GMQS - Temporary Food Vending Code Interpretation, formal issuance Historic Pres. - Cert of No Negative Effect Flat Fee 2 $158 Temporary Use, admin. Flat Fee 3 $315 GMQS - SF or Dx replacement - cash -in -lieu GMQS - SF or Dx replacement - ADU, admin. GMQS - Change -in -use for Historic landmark GMQS - Minor Enlargement for Historic landmark GMQS - Alley Store GMQS - Exemption from MF Housing Replacement Flat Fee 4 $630 Residential Design Variance, admin. GMQS - Minor Enlargement, non - historic Planning Review - Administrative, Hourly Fee Deposit Hours Deposit Applies to: 2 $630 Review of Condominium plats or amendments. Review time for City Attorney and other referral departments also applies and is billed at same hourly rate. Review time for City Engineer is billed at the rate stated below. Deposit Hours Deposit Applies to: 3 $945 Recordation Documents Review - review of subdivision plats, subdivision exemption plats (except condo), PUD plans, development agreements, subdivision agreements, PUD or SPA agreements, or amendments to recorded documents. Review time for City Attorney and other referral departments also applies and is billed at same rate. Review time for City Engineer is billed at the rate stated below. Deposit Hours Deposit Applies to: 4 $1,260 Admin. Cond. Use or Special Review Admin. ESA or ESA exemption Admin. Subdivision - Lot Line Adjustment Admin. PUD or SPA Amendments Admin. Commercial Design Review Amendment Exempt Timesharing Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - Admin. reviews, as applicable $265 City Engineering, per hour. Billed with planning case $630 Aspen /Pitkin County Housing Authority, flat fee $630 City Parks Department, flat fee $630 City Environmental Health Department, flat fee Planning Review - One -Step, Hourly Fee Deposit Hours Deposit Applies to: 4 $1,260 Historic Pres. - Minor Development Historic Pres. - Major Development up to 1,000 s.f. Temporary Use, City Council Vested Rights Extension, City Council Appeals of Administrative or Board Decisions Deposit Hours Deposit Applies to: 6 $1,890 Historic Pres. - Major Development over 1,000 s.f. Historic Pres. - Demolitions and Off -Site Relocations Historic Pres. - Substantial Amendment Board of Adjustment variance Deposit Hours Deposit Applies to: 10 $3,150 Growth Management - Minor P &Z (incl. AH certificate) Conditional Use Special Review (incl. ADU @ P &Z) Environmentally Sensitive Area Review Residential Design Variance - P &Z Minor Subdivision - Lot Split, Historic Lot Split Deposit Hours Deposit Applies to: 14 $4,410 PUD Amendment - P &Z only SPA Amendment - P &Z only Commercial Design Review, Conceptual or Final Growth Management - Major P &Z, or City Council Subdivision "other" review - City Council only Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - one -step reviews, as applicable $265 City Engineering, per hour. Billed with planning case $945 Aspen /Pitkin County Housing Authority, flat fee $945 City Parks Department, flat fee $945 City Environmental Health Department, flat fee Planning Review - Two -Step, Hourly Fee Deposit Hours Deposit Applies to: 24 $7,560 Subdivision Land Use Code Amendment Rezoning or Initial Zoning (Annexations) Plus hourly rate $315 per hour for staff review time in excess of deposit hours. If case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - two -step reviews, as applicable $265 City Engineering, per hour. Billed with planning case $1,260 Aspen /Pitkin County Housing Authority, flat fee $1,260 City Parks Department, flat fee $1,260 City Environmental Health Department, flat fee Planning Review - PUD and SPA, Hourly Fee Deposit Hours Deposit Applies to: PUD and SPA projects 32 $10,080 Planned Unit Development or PUD Substantial Amend. Specially Planned Area or SPA Substantial Amend. per hour for staff review time in excess of deposit hours. If Plus hourly rate $315 case takes less time than deposit, the applicant will be refunded. Referal Agency Fees - PUD & SPA reviews, as applicable $265 City Engineering, per hour. Billed with planning case $1,575 Aspen /Pitkin County Housing Authority, flat fee $1,575 City Parks Department, flat fee $1,575 City Environmental Health Department, flat fee Planning Review - COWOP Review or Joint Applicant Applications for the City's COWOP process - Convenience or Welfare of the Public - shall be assessed land use review fees and /or a portion of joint planning costs as determined appropriate by City Council. If no such determination is made, the application shall be billed as a PUD. Special Services - Planning. Applies when no fee is otherwise established $315 per hour, a minimum of one hour for any one special project. Planning Review Deposit and Billing Administration The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the city when the processing of an application by the Community Development Department takes more time than is covered by the deposit. In the event the processing of an application by the Community Development Department takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee. The Community Development Director shall establish appropriate guidelines for the regular issuance of invoices and collection of amounts due. The Community Development Director shall establish appropriate guidelines for the collection of past due invoices, as required, which may include any of the following: 1) Assessment of additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75% per month. 2) Cessation of application processing. 3) Review of past -due accounts with City Council. 4) Withholding the issuance of a Development Order. 5) Withholding the recordation of development documents. 6) Prohibition of the acceptance of building permits for the subject property. 7) Cessation of building permit processing. 8) Revocation of an issued building permit. 9) Other penalties, assessments, fines, or actions as may be assigned by the Municipal Court Judge. Flat fees for the processing of applications shall be cumulative. Applications for more than one land use review requiring an hourly deposit on planning time shall require submission of the larger deposit amount. The Community Development Director shall bill applicants for any incidental costs of reviewing an application at direct costs, with no administrative or processing charge. Land use review fee deposits may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination shall be made during the pre - application conference by the case planner. Hourly billing shall still apply. Review fees for projects requiring conceptual review, final review, and recordation of approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of recordation documents. Notwithstanding the planning review fee schedule, the Community Development Director shall waive planning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. This fee structure applies to applications submitted on or after November 1, 2011. Sec. 26.104.072 — ZONING REVIEW FEES Exhibit C General and Applicability Zoning review fees shall apply to all development requiring a building permit and all development not requiring a building permit but which requires review by the Community Development Department. The fee covers the Zoning Officer's review of a permit including any correspondence with the caseload planner, Historic Preservation Officer, the Deputy Director, the Director, or other city staff. A permit, amendment to a permit, or change order which requires a Floor Area, Height, net leasable, or net livable measurement by the Zoning Officer shall be considered a Major permit. All other permits are considered Minor permits. For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the gross square footage affected by the permit or the gross square footage which must be measured to review the permit. All change orders and amendments to a permit require additional fees. A change order or amendment to an un- issued permit shall require payment of both fees (initial and change order). Official confirmation of existing conditions of a property which requires measurement of Floor Area, Height, net leasable area, or net livable area of a structure, prior to demolition or for other purposes, shall be considered a Major permit. For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on the gross square footage of the use and added to determine the total project fee. Zoning review fees for major permits for properties within a Planned Unit Development shall be 125% of the fee schedule. This additional charge does not apply to demolition permits. Zoning referral fees - for official zoning comments on a planning application - shall be according to the fees policy for planning review. Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of zoning review fees as deemed appropriate. This fee structure applies to applications submitted on or after November 1, 2011. 50% of Zoning Review Deposit Required For any Zoning fee of $500 or more, 50% of the fee is due at permit submittal. This deposit is non - refundable. The applicant shall pay the remaining 50% at permit issuance, which shall include any reconciliation of fees due. Special Services - Zoning Review Hourly Zoning Review Fee $315 per hour Pre - Permit or Pre - Application Meetings Applicant meetings with the Zoning Officer or a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, city regulations, etc. An applicant shall be billed for any pre - application or pre - permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning /Zoning hourly billing rate. The applicant will be notified prior to any billing for pre - application or pre - permit service. Zone District Confirmation Letter $315 Formal issuance of a letter confirming parcel's zoning only. Does not confirm legality of existing improvements or uses. Existing Conditions Confirmation Service subject to authorization by Community Development Director and may not be available. Fee based on a Major permit review for the type of land use. Does not confirm legality of existing improvements or uses. Requires submission of dimensioned drawings. Expedited Zoning Review Double Applicable Fee. Prioritizes project's zoning review over all other projects. Service subject to authorization by Community Development Director considering department workload, staffing, and effects on other projects. Change Order Fees - Zoning Review Applications for change orders shall require an additional Zoning Review Fee. A change order which does not require a new measurement of floor area, height, net leasable, or net livable shall be considered a Minor change order and assessed the minor fee. A change order which requires a new measurement of floor area, height, net leasable area, or net livable area shall be assessed the Major zoning fee. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Certificate of Occupancy or Final Inspection Fee - Zoning No charge Conditional Certificate of Occupancy - Zoning $315 for first CCO issued $630 for second CCO issued $945 for third or subsequent CCO issued. Business License Approval - Zoning No charge. Other fees may be required. Apply to City Finance. Special Review or Inspection Fee - Zoning. Applies when no fee is otherwise established $315 per hour, a minimum of one hour for any one review or inspection. Demolition Zoning Review Fees Minor Zoning Fee - Does not require measurement or confirmation of existing conditions. Square footage of Project Fee Up to 500 sq. ft. $63 501 to 2,500 sq. ft. $158 2,501 to 5,000 sq. ft. $236 Above 5,000 sq. ft. $315 Major Zoning Fee - If demolition requires measurement of the structure or confirmation of existing conditions, the fee will be the major fee according to the land use. Exterior Repair Zoning Review Fees Applies to Residential, Commercial, Lodging, Arts /Cultural /Civic /Institutional exterior repair work requiring a building permit or review by the Historic Preservation Officer. Does not apply to interior work. Does not apply to alteration. Fee is based on wall area or roof area being repaired. Does not apply to signs or awnings. Square footage of Repair Fee Up to 500 sq. ft. $32 501 to 1,000 sq. ft. $63 1,001 to 2,500 sq. ft. $158 Above 2,500 sq. ft. $315 Residential Zoning Review Fees Applies to single - family, duplex, accessory dwelling units, carriage houses, multi - family and residential units in a mixed -use building Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 500 sq. ft. $315 501 to 2,500 sq. ft. $630 2,501 to 5,000 sq. ft. $945 Above 5,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 500 sq. ft. $315 + $.50 per sq. ft. of project 501 to 2,500 sq. ft. $630 + $.75 per sq. ft. of project 2,501 to 5,000 sq. ft. $945 + $.90 per sq. ft. of project Above 5,000 sq. ft. $1,260 + $1.00 per sq. ft. of project Major Residential permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major residential projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Commercial Zoning Review Fees Applies to commercial projects and commercial portions of a mixed -use project. Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 500 sq. ft. $315 501 to 2,500 sq. ft. $630 2,501 to 5,000 sq. ft. $945 Above 5,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 500 sq. ft. $315 + $.50 per sq. ft. of project 501 to 2,500 sq. ft. $630 + $.75 per sq. ft. of project 2,501 to 5,000 sq. ft. $945 + $.90 per sq. ft. of project Above 5,000 sq. ft. $1,260 + $1.00 per sq. ft. of project Major Commercial permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major commercial projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Lodging Zoning Review Fees Applies to lodging projects and lodging portions of a mixed -use project. All fractional interest, timeshare, and exempt timeshare projects are considered Lodging for the purposes of this review fee. Minor Zoning Fee- Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 1,000 sq. ft. $315 1,001 to 5,000 sq. ft. $630 5,001 to 10,000 sq. ft. $945 Above 10,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 1,000 sq. ft. $315 + $.35 per sq. ft. of project 1,001 to 5,000 sq. ft. $630 + $.40 per sq. ft. of project 5,001 to 10,000 sq. ft. $945 + $.45 per sq. ft. of project Above 10,000 sq. ft. $1,260 + $.50 per sq. ft. of project Major Lodging permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major lodging projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Arts /Cultural /Civic /Institutional Zoning Review Fees Applies to Arts, Cultural, Civic and Institutional uses or portions of a mixed -use project with these uses. Minor Zoning Fee - Existing Development, Minor Remodel or Minor Change Order Projects up to $10,000 in total valuation: Valuation $0 to $5,000 $32 Valuation $5,001 to $10,000 $63 Projects over $10,000 in total valuation: Square footage of Project Fee Up to 1,000 sq. ft. $315 1,001 to 5,000 sq. ft. $630 5,001 to 10,000 sq. ft. $945 Above 10,000 sq. ft. $1,260 Major Zoning Fee - New Development, Major Remodel, Demolition w/ Confirmation, Major Change Order Square footage of Project Base Fee + Fee based on project size Up to 1,000 sq. ft. $315 + 135 per sq. ft. of project 1,001 to 5,000 sq. ft. $630 + 140 per sq. ft. of project 5,001 to 10,000 sq. ft. $945 + $.45 per sq. ft. of project Above 10,000 sq. ft. $1,260 + $.50 per sq. ft. of project Major Arts /Cultural /Civic /Institutional permits within a PUD shall be 125% of the above fee schedule. (Does not apply to demo.) For 2011, The zoning review fee shall be reduced by 10% for major arts /cultural projects submitted in the format specified in the adopted zoning permit submission guide. Applicants should see ComDev staff for more information. Signs and Awnings - Zoning Review Fees Individual Sign Permit Fee $63 per sign Multiple Sign Permit Fee $158 per business, unlimited number of signs Permanent Sandwich Board Sign $63 per sign * Must be in an approved sandwich board location Temporary Sandwich Board Sign $32 per one -week permit $158 for 8 one -week permits Awning Permit Fee $63 per awning * Includes signage Multiple Awning Permit Fee $158 per business review fee. Banner Installation Fee $63 Single banner * Banner fees collected $158 Double banner by the City Manager's Office Fence - Zoning Review Fee Single - Family and Duplex Residential $63 All other uses $158 Bear -Proof Trash Container - Combined Zoning & Building Review Fee Single - Family and Duplex Residential $63 All other uses $158 Enforcement Fees, Fines, and Penalties No Certificate of Occupancy or Conditional CO shall be issued until all fees have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the Municipal Court Judge. Non - Permitted Work Fee: Work done without a zoning approval (when one is required), without a building permit (when one is required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non - permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account for staff time. No other action on the project may occur until non - permitted work issue has been rectified to the satisfaction of the Community Development Director. Any correction requiring a building permit or zoning application shall also be subject to the Correction Order Fees described below. First infraction $315 plus, hourly fee for any staff time in excess of one hour. Second Infraction $630 plus, hourly fee for any staff time in excess of one hour. Third Infraction $945 plus, hourly fee for any staff time in excess of one hour. Correction Order Fee: This fee shall apply to any work required to correct a zoning violation or to permit work that has been accomplished without a permit or not covered by an issued permit. Infractions are per project. First infraction Double Zoning Review Fee, minimum of $500 Second Infraction Four times the Zoning Review Fee, minimum of $500 Third Infraction Eight times the Zoning Review Fee, minimum of $500. Subject to additional penalties by citation as assigned by the Municipal Judge. For any correction requiring a planning review, the planning review fees shall be increased according to the above schedule. Municipal Court Enforcement - Zoning Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may include an assessment for administrative time required by the Zoning Officer to address the violation. I uc, rcY IJ, LV 1 I ""• "'•"• 6184273 /�,� Ad Ticket #5 U v� C / ) Le) l l Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E-Mail: ANGELA SCOREY Client: Caller: Kathryn Koch Ci Aspen Receipt State: CO Zip: 81611 Ad Name: 6184273A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 02/20/11 Stop: 02/20/11 Color: Issue 1 Copyline: 6184273 atw Ordinance #4 R AT Legals LEGAL NOTICE Lines: 20 ORDINANCE #4, 2011, PUBLIC HEARING Depth: 1.68 Ordinance #4, Series of 2011, was adopted on Columns: 1 first reading at the City Council meeting February Discount: 0.00 14. 2011. This ordinance, if adopted, will increase planning and building fees. The public hearing on Commission: 0.00 this ordinance is scheduled for February 28, 2011 at 5 PM. City hall. 130 South Galena. 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