HomeMy WebLinkAboutOrdinance 3925 r '
ORDINANCE NO. 3925
'1
AN ORDINANCE INCREASING FILING FEES FOR
CLOSING STREETS AND ALLEYS UNDER CHAPTER 98 OF
THE CODE OF FAYETTEVILLE ; INCREASING
REINSPECTION FEES AND CERTIFICATE OF
OCCUPANCY FEES UNDER CHAPTER 151 OF THE CODE
OF FAYETTEVILLE; REPEALING § 151 . 31 (D) OF THE
CODE OF FAYETTEVILLE; INCREASING SIGN PERMIT
FEES AND VARIANCE APPLICATION FEES UNDER
CHAPTER 158 OF THE CODE OF FAYETTEVILLE;
INCREASING CONCEPT PLAT, PRELIMINARY PLAT,
FINAL PLAT, LOT SPLIT, AND LARGE SCALE
DEVELOPMENT FEES UNDER CHAPTER 159 OF THE
CODE OF FAYETTEVILLE; INCREASING REZONING
PETITION FEES, BOARD OF ADJUSTMENT FILING FEES
AND CONDITIONAL USE APPLICATION FEES UNDER
CHAPTER 160 OF THE CODE OF FAYETTEVILLE; AND
ESTABLISHING A TREE PRESERVATION PLAN FEE
UNDER CHAPTER 162 OF THE CODE OF FAYETTEVILLE.
WHEREAS, the City provides many subsidized services where the cost to the user is
lower than the fee charged; and
WHEREAS, the "Cost of Services Study for Fiscal Year 1991 " survey indicated a
significant disparity between the fees charged for said services and the actual costs thereof; and,
WHEREAS, most fees for said services remain at 1991 levels; and,
WHEREAS, it is in the best interest of the citizens of the City of Fayetteville to seek
to recover from the user the fair costs incurred for providing said services; and,
WHEREAS, in setting fees for submission of plats and large scale developments, the
City does not wish to provide a disincentive for small residential developments and accordingly
a sliding scale is desirable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 98 : Streets And Sidewalks, §98. 13(A)(4) is hereby repealed
and the following shall be substituted in its stead:
CHAPTER 98 : STREETS AND SIDEWALKS
§98. 13 Procedure for Closing Streets and Alleys. The procedure for closing of
streets and alleys shall hereafter be as follows:
Page 2
Ordinance No , 3925
(A) Petitioners shall present to the City Clerk in duplicate the following
information before processing shall begin:
( 1 ) Petition to close and vacate street or alley, including a
certified or photostated copy of the plat on record in the Circuit Clerk's office.
(2) Abstracter's certificate of ownership.
(3) Comments from owners or agents of all utility companies
concerning streets or alleys to be closed and its relationship to existing or
planned utilities with recommendations as to what action should be taken.
(4) A $200.00 filing fee.
Section 2. That Chapter 151 : Building Regulations, §§ 151 . 22(B)(30), 151 . 22(B)(31 )
are hereby repealed and the following shall be substituted in their stead:
CHAPTER 151 : BUILDING REGULATIONS
§ 151 .22 Amendments, Additions, and Deletions to Building Code.
§ 151 .22(B)(30) Appendix K, section (a) amended. Appendix K, section (a) of the
building code is hereby amended by amending the first three paragraphs to read as
follows:
Total Valuation Fee
$1 .00 to $4,000.00 $20.00
Said section is further amended by adding the following:
A fee of $20.00 will be charged for each reinspection.
§ I51 . 22(B)(31 ) Appendix K. section (e) amended. Appendix K, section (e) of the
building code is hereby amended to read as follows:
A fee of $15 .00 shall be charged for an original certificate of occupancy
for a new building, and a fee of $25 .00 shall be charged for a certificate of
occupancy when the building has been previously occupied. There shall be a fee
of $0.50 each for additional copies of certificates of occupancy. For all
certificates of occupancy that must be renewed annually, there shall be an annual
charge of $ 12.50; provided, the annual charge shall be $25 .00 if the applicant
does not submit an application requesting a renewal prior to the expiration date
of the current certificate of occupancy.
Page 3
Ordinance No , 3925
Section 3 . That Chapter 151 : Building Regulations, § 151 .31 (D) to the Code of
Fayetteville is hereby repealed.
Section 4. That Chapter 158: Signs, § 158.22 Sign Permit Requirements to the
Building Code of Fayetteville is hereby repealed and the following shall be substituted in its
stead:
CHAPTER 158 : SIGNS
§ 158.22 Sign Permit Fees. Every applicant, before being granted a permit hereunder,
shall pay to the building inspector's office the following permit fee for each sign or
other advertising structure regulated by this chapter: Permit fee of $10.00 plus $1 .00
per square feet of sign face.
Section 5 . That Chapter 158: Signs, § 158 .69 Board of Sign Appeals: Variance
Application Fee to the Code of Fayetteville is hereby adopted and enacted as follows:
§ 158.69 : Board of Sign Appeals: Variance Application Fee. An applicant
for a variance shall be required to pay a filing fee of $350.00 to cover the costs
of publishing and mailing notices and other expenses incurred in connection with
such application.
Section 6. That Chapter 159: Subdivision Regulations, § 159. 15 Fees, and § 159.54(I)
Large Scale Development to the Code of Fayetteville are hereby repealed and the following
shall be substituted in their stead:
CHAPTER 159: SUBDIVISION REGULATIONS
§ 159 . 15 Fees. When the subdivider submits a plat to the planning commission
he shall remit the following fees:
Concurrent Plat
Non-Residential $800.00
Ten or less residential units $200.00
Twenty-five or less residential units $400.00
Twenty-six or more residential units $800.00
Preliminary Plat
Non-Residential $800.00
Ten or less residential units $200.00
Twenty-five or less residential units $400.00
Twenty-six or more residential units $800.00
5
Page 4
Ordinance No , 3925
Final Plat
Non-Residential $800.00
Ten or less residential units $200.00
Twenty-five or less residential units $400.00
Twenty-six or more residential units $800.00
Concept Plat $ 50.00
Lot Split $200.00
Large Scale Development
Non-Residential $800,00
Ten or less residential units $200.00
Twenty-five or less residential units $400.00
Twenty-six or more residential units $800.00
§ 159.54 Large Scale Development
(1) Fee. The developer shall be required to pay a filing fee in the
amount set forth below to cover the cost of expenses incurred in connection with
processing the large scale development:
Non-residential $800.00
Ten or less residential units $200.00
Twenty-five or less (residential) units $400.00
Twenty-six or more (residential) units $800.00
Section 7. That Chapter 160: Zoning, § 160. 156(A) Amendments; § 160. 172(D)
Hearings, Appeals; Notice; and § 160. 195(A) Conditions Governing Application of Conditional
Uses; Procedures, to the Code of Fayetteville are hereby repealed and the following shall be
substituted in their stead :
CHAPTER 160: ZONING
§ 160. 156 Amendment Procedures for Private Parties.
(A) Fee. Any private party or parties desiring a zoning change shall pay
a fee of $325 .00 to the planning administrator to cover the cost of public notices
and such other expenses as may be incurred in connection with processing the
rezoning petition.
§ 160. 172 Hearings; Appeals; Notice.
(D) The applicant shall be required to pay a filing fee as set forth below
to cover the costs of publishing and mailing notices and such other expenses
incurred in connection with such application:
Page 5
Ordinance No . 3925
Administrative review $ 25 .00
Variance applications:
Before any violation has occurred $ 25 .00
After any violation has occurred $100.00
§ 160. 195 Conditions Governing Application of Conditional Uses; Procedures.
(A) A written application for a conditional use is submitted indicating
the section of this chapter under which the conditional use is sought and stating
the grounds on which it is requested. The applicant shall be required to pay a
filing fee of $ 100.00 to cover the costs of expenses incurred in connection with
processing such application.
Section g . That Chapter 162 : Tree Protection and Preservation; § 162(D)(6) is hereby
adopted and enacted as follows:
§ 162. (D)(6) A fee of $ 120.00 shall be remitted with any tree preservation plan
required herein.
PASSED AND APPROVED this day 3rd day of October 1995 .
APPROV
By :
red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
ORDINANCE H6. 3925
AN ORDINANCE INCREAS-
ING FILING FEES FOR CLOS-
ING STREETS AND ALLEYS
UNDER CHAPTER 98 OF THE
CODE OF FAYETTEVILLE; IN-
CREASING REINSPECTION STATE OF ARKANSAS
FEES AND CERTIFICATE OF
OCCUPANCY FEES UNDER Ss.
CHAPTER 15.1 OF THE CODECounty of Washington
OF FAYETTEVILLE; REPEAL-
ING §151 .31(D) OF THE CODE
OF FAYETTEVILLE; INCREAS- 1, hereby cer-
ING SIGN PERMITTEES AND
VARIANCE APPLICATION tify that I am the fithisher oVTHL NO THWEST ARKANSAS TIMES, a daily
FEES UNDER CHAPTER 158 being granted a permit here- newspaper leaving a second class mailing privilege, and being not less than four pages of
OF THE CODE OF FAYETTE- under, shall pay to the build- Ove columns each, published at a fixed place of business and at a fixed (daily) intervals
INCREASING CON- ing inspector's orrice the fol-
CEPT PLAT, PRELIMINARY lowing permit fee for each continuously in the City of Fayetteville, County of Washington, Arkansas for more than
CEPT
PLAT, FINAL PLAT, LOT sign or other advertising; aperiod of twelve months, circulated and distributed from an established place of business
SPLIT, AND LARGE SCALE structure regulated by this to subscribers and readers generallyof all classes in the Cil and Count for adefinite price
DEVELOPMENT FEES UNDER plus $ . 0pPermit fee of feet$10of for each copy, or a fixed pce per annum, which price was fixed at what is considered the
CHAPTER 159 OF THE CODE plus $1 .00 per square feet of
OF FAYETTEVILLE: INCREAS- sign face. value of the publication, based upon the news value and service value it contains, that at
ING REZONING PETITION
FEES, BOARD OF ADJUST- Section 5. That Chapter 158: least fifty percent of the subscribers thereto have paid cash for Ueeir subscriptions to the
MENT FILING FEES AND Signs, §158.69 Board of Sign newspaper or its agents or through recognized news dealers over a period of at least silt
CONDITIONAL USE APPLI- Appeals: Variance Applica- months; and that the said newspaper publishes an average of more than forty percent news
CATION FEES UNDER tion Fee to the Code of Fayet-
CHAPTER 160 OF THE CODE teville is hereby adopted and matter.
OF FAYETTEVILLE; AND ES- enacted as follows:
TABLISHING A TREE PRES-
ERVATION PLAN FEE UNDER 4158.69: Board of Sign I further certify that the legal notice hereto attached in the matter of
CHAPTER 162 OF THE CODE Appeals: Variance Appll- /1
OF FAYETTEVILLE. cation Fee. An applicant for A /''//ry/ nAJ c3/} u1
a variance shall be applicant
required l/ly/ 6U (X %of J
WHEREAS, the City provides to pay a filing fee of $350.00
many subsidized services to cover the costs of publish-
where the cost to the user is ing and mailing notices and was published in the regular daily issue of said newspaper for If
lower than the fee charged; other expenses incurred in consecutive insertions as follows:
and connection with such appli-
cation.
WHEREAS, the 'Cost of The first insertion on the ( S(NL day of 19
Services Study for Fiscal Year Section 6. That Chapter 159:
1991' survey indicated a sig- Subdivision Regulations•
nificant disparity between the §159. 15 Fees, and §159.54(1) the second insertion on the day of 19
fees charged for said services Large Scale Development to
and the actual costs thereof; the Code of Fayetteville are
and, hereby repealed and the fol- the third insertion on the day of 19
lowing shall be substituted in
WHEREAS, most fees for their stead:
said services remain at 1991 and the fourth insertion on the day of 19
level%end. ' CHAPTER 159: SUBDIVI-
SION REGULATIONS
WHEREAS, it is in the best
interest of the citizens of the $159.15 Fees. When the tion; §162( D)(6) is hereby
City of Fayetteville to seek to subdivider submits a plat to adopted and enacted as fol-
recover from the user the fair the planning commission he lows:
costs incurred for providing shall remit the following fees:
said services; and, §162.(D)(6) A fee of $120.00 Publisher / Ge al Manager
Concurrent Plat shall be remitted with any tree
WHEREAS, in setting fees Non-resioential $80000 preservation plan required
for submission of plats and Ten or less residential units herein.
large scale developments. the PASSED AND AP-
City does not wish to provide a $200.00.,
Cd islfty entive for small resi- Twenty-five or less residential PROVED this day 3rd day of
denkral,developments and ac- units . October, 1995.
cord ing ly a sliding scale is $400.00:
desirable. Twenty-six of more residential APPROVED:
units - By: Fred Hanna, Mayor.
NOW, THEREFORE9 BE IT $800.00 ATTEST:
ORDAINED BY THE CITY Preliminary Plat B Traci Paul, Cit
COUNCIL OF THE CITY Nan-residential $800.00 y: City Clerk
OF' FAYETTEVILLE, Ten or less residential units
ARKANSAS: Yµ
$20000 Sworn to and subscribed before me on this day of
Section 1 . That Chapter 98: Twenty-five or less residential �(7`
Streets And Sidewalks. units ',�- /(, -�J
pealed§96. 13(A)(4)the
is hereby re- $400.00 19
pealed and the following shall Twenty-six or more residential
be substituted in its stead: units
$nits �y
CHAPTER 98: STREETS Final Plat ZG(/
AND SIDEWALKS Non-residential $800.00
Ten or less residential units Notary Public
198.13 Procedure for
Closing Streets and Al. $200.00
leys. The procedure for clos- Twenty-five or less residential My Commission Expires:
ing of streets and alleys shall units ((re;;{:•;r,LUCCCCCi{{CCR
hereafter be as follows: $400.00 ®� • r, � A;=r,,.,.,,r,;vvf1 >
Twenty-six or more residential �C; -
(A) Petitioners shall present units _ eriC'tn$BS
to the Cit Clerk in duplicate $800.00 ( 1 < 1
the following information be- Concept Plat $ 5000 /I/ CC(77)� I%Iy
fore processing shall begin: Lot Split $200.00 7 Cl P� , t S pires 07/25/05 1
(1 ) Petition to close and Large Scale Develop- Fees for Printing
vacate street or alley, includ- ment
ing a certified or phrecor t in Tenor less
residential
$80000 Cos[ of Proof $
copy of the plat on record in Ten or less residential units
the Circuit Clerk's office. Total $
(2) Abstracter's certificate of $200.00
ownership.
Twenty-live Or less residential
(3) Comments from owners or units
agents of all utility compa- $400.00
nies concerning streets or al- Twenty-six or more residential
leys to be closed and its rela- units
tionship 10 existing or $800.00
planned utilities with recom-
mendations as to what action §159.54
Large Scale De-
should o
should be taken. P
(4) A $200.00 tiling tee.
(1) Fee. The developer shall
Section 2. That Chapter 151 : be required to pay a filing fee
Building Regulations. in the amount set forth below
§§151.22(B)(30). to cover the cost of expenses
151 .22(8)(31) are hereby re- incurred in connection with
pealed and the following shall processing the large scale
be substituted in their stead: development
Non-residential $800.00
CHAPTER 151 : BUILDING Ten or less residential units
REGULATIONS $20000 ,
§ 151 .22 Amendments, Twenty-five or less residential
Additions, and Deletions units
to Building Code. Twenty-six or more residential
5151 .22(0)(301 Appendix units
K. section (a) amended. $800.00
Appendix K, section (a) of. the
building code is hereby Section 7. That Chapter 160:
amended by amending the Zoning, §160. 156(A) Amend-
first three paragraphs to read ments: §160.172(D) Heariaod
as.
s follows: Appeals;
§160. 195(A) Conditions GOV-
Total valuation erning Application of Condi-
$100tO $400000 tional Uses; Procedures. to
the Code of Fayetteville are
Fee hereby repealed and the fol-
$2000 lowing shall be substituted in
their stead:
Said section is further amend-
ed by adding the following: CHAPTER 160: ZONING
A fee of $20.00 will be 5160. 156 Amendment
charged for each reinspec- Partles urea for Private
tion. (A) Fee. Any private party or
5151 ,22(B)1311 Appendix parties desiring a zoning
K, section lei amended. change shall pay a fee of
Appendix K, section (e) of the $325.00 to the planning ad-
building Cotle is hereby ministrator to cover the cost of
amended to read as follows: public notices and such other
expenses as may be incurred
A fee of $ 15.00 shall be in connection with processing
charged for an original certifi- the rezoning petition,
cate of occupancy for a new
hallll1bchargedae of forr ac ertif Peas Noti25. 0 §160.1172oe,arings; Ap-
se
cate of occupancy when the (D) The applicant shall be re-
building has been previously quired to pay a tiling fee as
occupied. There shall be a fee set forth below to cover the
of $0.50 each for additional casts of publishing and mail,
copies of certificates of occu- ing notices and such other ex-
pancy. For all certificates of pense incurred in connection
occupancy that must be re- with such application:
newed annually, there shall Administrative review $ 25.00
be an annual charge Of variance applications:
$12.50: provided, the annual Before any violation has oc-
charge shall be $25.00 if the curretl
applicant does not submit an $ 25.00
application requesting a re- Aller any violation has oc-
newal prior to the expiration curretl
date of the current certificate $100.00
of occupancy. 5160. 155 Conditions
Section 3. That Chapter 151 : GOverning Application o1
Building Regulations, Conditional Usesi Pro'
§ 151 .31 (D) to the Code of cedures.
Fayetteville is hereby re- (A) A written application for a
pealed conditional use is submitted
indicating the section of this
Section 4. That Chapter 158: chapter under which the con-
Signs. § 154.22 Sign Permit ditional use is sought and
Requirements to the Building stating the grounds on which
Code ofFa,•elteville is hereby it is requested. The applicant
repeal etl and the following shall be required to pay
fil-
shall e substituted in its ing fee of $100.00 to cover the
stead: costs of expenses incurred in
connection with processing
CHAPTER 15S: SIGNS such application .
51501,22 Sign Permit Section S. That Chapter 162:
sees. Every applicant, before Tree Protection and Preserva-