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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 That Chapter 98 : Streets And Sidewalks, §98. 13(A)(4) is hereby repealed and the following shall be substituted in its stead: CHAPTER 98 : STREETS AND SIDEWALKS §98. 13 Procedure for Closing Streets and Alleys.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-