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HomeMy WebLinkAboutordinance.council.073-89 ORDINANCE NO .13 (Series of 1989) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 52 (SERIES OF 1988), TO THE EXTENT SAID ORDINANCE IS INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN WHEREAS, the Aspen city council has adopted a policy of annually reviewing the Planning Office's land use application fee structure to insure that it remains in line with the costs of service provision; and WHEREAS, the ci ty Council has determined that the current fee structure for the processing of land use applications, which is contained in Ordinance No. 52, Series of 1988, does not accurately reflect the current costs of providing the necessary level of services associated with the City's Code Administration function and therefore desires to re-adopt said fees; and WHEREAS, the various land use applications which may be submitted to the Planning Office, can be categorized into the following review processes: I. GMP/Subdivision/PUD/SPA 1. Conceptual Submission 2. Final Submission II. Subdivision/PUD/SPA 1. Conceptual Submission 2. Final Submission III. All "Two Step" Applications IV. All "One Step" Applications V. Consent Agenda Items/All Staff Approvals and WHEREAS, the Planning Office has determined the total cost of the city's Code Administration function, which includes the cost of processing land use applications, responding to routine public inquiry, and initiating minor code amendments; and WHEREAS, the city council has determined that a BASE FEE should be established for each type of review process which, when considered in relation to the number of applications expected during the forthcoming year, will have the effect of offsetting 100 percent of the total cost of the Code Administration function; and WHEREAS, pursuant to Ordinance No. 67, Series of 1982, city council provided for ADDITIONAL BILLINGS to cover the additional cost incurred by the City when the processing of a land use application by the Planning Office takes more time than is covered in the base fee structure and desires to re-establish said billings as set forth below; and WHEREAS, the city council has determined that the Engineering and Environmental Health Departments, as land use referral agencies, should charge fees to offset the cost of their review activity, and such fees shall be collected by the Planning Office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the categories of review processes, base fees and Planning Office average time requirements for the processing of land use applications are established as follows: 2 Base Fee Cateqorv Hours (Deposit) I. GMP/Subdivision/PUD/SPA 1. conceptual Submission 25 $3,250.00 2. Final Plat 14 1,820.00 II. Subdivision/PUD/SPA 1. Conceptual Submission 17 $2,210.00 2. Final Plat 12 1,560.00 III. All "Two Step" Applications 13 $1,690.00 IV. All "One Step" Applications 6 $ 780.00 V. Consent Agenda Items/All Staff Approvals 1. Minor Flat $ 55.00 2. Significant Fee 113.00 VI. Referral Fees - Environmental Health 1. 2. Minor Applications Major Applications Flat Fee $ 55.00 140.00 VII. Referral Fees - Engineering 1. 2. Minor Applications Major Applications Flat Fee $ 90.00 225.00 section 2 That the Planning Office staff be required to keep an accurate record of the actual time required for the processing of each land use application by the Planning Office and that ADDITIONAL BILLINGS will occur commensurate with the additional costs incurred by the City when the processing of an application by the Planning Office takes more time than is covered by the BASE FEE. In the event the processing of an application by the Planning Office takes less time than provided for in section 1, the Planning Office shall refund the unused portion of the Base Fee. 3 section 3 That the following guidelines for the administration of the fee structure hereinabove are established. 1. Fees charged for the processing of applications which fall into more than one category will be cumulative; while the fees charged for the processing of applications within the same category will not be cumulative. In the event that the fees which result from cumulation are found by the Planning Office to be excessive in relation to the number of hours it is anticipated to require to process the application, the Planning Office may waive the cumulation requirement. 2. ADDITIONAL BILLINGS will be based solely on processing time spent by members of the Planning Office or it's designee in the processing of an application. 3. ADDITIONAL BILLINGS will be computed at the rate of $130.00 per hour of additional Planning Office staff time required; while refunds of unused hours will be made at the rate of $130.00 per hour of time. 4. The Planning Office shall establish appropriate guidelines for the collection of ADDITIONAL BILLINGS as required. 5. This fee structure shall be reviewed annually as part of City of Aspen's budget hearing process and should adjustment be required, they shall be accomplished Ordinance of City Council, to take effect on January 1. the any by 6. The Planning Office shall identify, prior to or at the time of submission of a land use application, whether the application is to be referred to the Engineering or Environmental Health Departments. The Planning Office shall also identify whether the application constitutes a minor or a major referral, based on the number of hours which will be required to review the application, and charge the applicant for each referral accordingly. ADDITIONAL BILLINGS AND REFUNDS shall not apply to the computation of referral fees. section 4 This Ordinance and the re-established fees set forth hereinabove shall take effect on January 1, 1990. 4 section 5 It is the intent of this Ordinance that the fees and procedures set forth herein shall supersede the provisions of Ordinance No. 52 (Series of 1988). Therefore, Ordinance No. 52 (Series of 1988), is hereby repealed to the extent that it is inconsistent with the provisions of this Ordinance. section 6 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. section 7 ~ A public hearing on the Ordinance shall be held on the 1/ day of ~ ,1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the cP9~ day of ~ , 1989. ---_/ / ...~ %/~ (~~- ." William L. stirling, May r 5 FINALLY adopted, passed and approved this ~ ATTEST: , 1989. ATTEST: ord.fees.89 //~ day of -%~ ~ - ,;(', .' ) .~ .-/ . - .. . ~44~, D(~ ,/ l . " William L. Stirling, Mayor 6