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HomeMy WebLinkAboutO-1988-031 } I ORDINANCE N0. 31-88 i AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "ZONING" AS EN- ACTED BY ORDINANCE NO. 100 , BY ADDING A NEW SECTION THERETO TO AUTHORIZE A PREPAYMENT PRO- GRAM TO ASSURE RECOVERY OF THE COSTS OF ADMINISTRATIVE REVIEW AND PROCESSING OF APPLI- CATIONS , SUBMISSIONS , OR REQUESTS INCIDENT TO ALL DEVELOPMENT IN THE CITY OF DANIA; PRO- VIDING THAT PERSONS MAKING SUCH APPLICATIONS , SUBMISSIONS OR REQUESTS PAY THE ACTUAL COST OF ADMINISTRATIVE REVIEW AND PROCESSING; j PROVIDING FOR CERTAIN EXEMPTIONS TO APPLICA- TIONS , SUBMISSIONS AND REQUESTS INITIATED BY ANOTHER GOVERNMENTAL ENTITY ACTING IN A GOVERNMENTAL CAPACITY ; PROVIDING THAT PRO- CEDURAL MATTERS OF THE PROGRAM HEREIN 1 AUTHORIZED AND THE DEPOSITS THEREFOR BE ESTABLISHED AND PERIODICALLY REVIEWED AND AMENDED BY RESOLUTION OF THE CITY COMMIS- SION OF THE CITY OF DANIA, FLORIDA; PROVID- ING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS , it is and has been the intent of the City Commission of the City of Dania , Florida , wherever possible and equitable , jto transfer the cost of administrative and outside fee consultant jreview and processing incident to development , utilization, or improvement of realty within the City of Dania to the person ' initiating such requests in order to limit the assessment of ad valorem taxes ; and i WHEREAS , the most practical and consistently accurate method of defraying the cost of such administrative and outside fee con- sultant review and processing is through collection of fees based upon the actual time expended on such tasks by city personnel and the city' s outside fee consultants , including directly associated expenses such as advertising, engineering and legal fees ; and WHEREAS , the city department staff and the city outside fee consultants participating in administrative review and processing functions perform services essential to the development , utiliza- tion and improvement of realty within Dania; and WHEREAS , processing and review by the City of Dania is necessary to assure that development , utilization and improvement Ordinance No. 31-88 of realty in Dania is consistent with all applicable land use and land development regulations , and is otherwise in keeping with safeguarding the public' s health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: ! Section 1 . That Chapter 28 of the Code of Ordinances of the City of Dania, Florida, is hereby amended by adding the following: RECOVERY OF COSTS OF ADMINISTRATIVE REVIEW AND PROCESSING. (A) There is hereby imposed an administrative fee, for the various costs of the city' s administrative and outside fee consultant processing and review of applications , sub- missions or requests concerning development , utilization or improvement of realty in the City of Dania (including but not limited to review and processing of plat applica- tions , applications for site data records , proposed oversized off-site water distribution/transmission main and sewer collection/force main facilities , installation of utility lines and pipes , land use plan proposed amendments , planned or existing street, pavement , sidewalk, street marker signs , seawall, bridge installation, culvert or drainage facilities , modifications to site plans , certain building inspections , applications for and periodic review of Development of Regional Impact Orders , document review in developments in- volving Unified Control , a change in zoning, pre and post permit conferences and project reviews (specifically in- cluding but not limited to the development , monitoring and completion of Critical Path Governmental Approval Reports and all review and monitoring incident to or in any way re- lated to such reports) and certain building plan and bridge installation plan reviews and inspections as explained in Paragraph (E) herein) (hereafter, "review requests") , such fee to be equal in amount to the city' s actual costs , in terms of staff and outside fee consultants ' time expended in e.. such review and processing, and a surcharge for certain re- quested Fast-Tracking plan reviews and inspections as provided i for in Paragraph (E) , including advertising and similar di- rectly related charges. i (B) Persons who file any review request which necessi- tates administrative or outside fee consultant review and processing, shall pay prior to or at the time the review request is made, an initial preliminary deposit which shall be credited toward the fee charged for such review and pro- cessing, and shall pay additional deposits as may be re- quired from time to time. (C) When the person pays the initial deposit , a finan- cial account for said person' s review request (the "Project Account") will be opened and maintained throughout the entire review process until the person receives a Certificate of Occupancy or the Building and Zoning Department determines that no further city action is necessary for the review and processing of the review request , at either of which times the Project Account will be closed and any remaining funds therein shall be refunded to the person depositing same no later than two months after the Project Account ' s closing date. The Project Account will be monitored on a periodic i basis. Whenever the account balance is zero or negative, a supplemental deposit will be required before any further t 11� I �J I i I -2- review or processing continues . The person making the ini- tial deposit will be notified when a supplemental deposit will be required. The amount of the supplemental deposit will be fifty percent (50%) of the initial deposit. Several supplemental deposits may be necessary depending on the complexity of the review request. (D) The staff of the various departments of the City of Dania and the city' s outside fee consultants who are involved in the review and processing of review requests shall maintain records of the time expended and tasks con- ducted regarding each such request. A debit based upon the time expended and the Applicable Hourly Rate (plus a sur- charge as provided in Paragraph (E) for certain requested work on Fast-Tracking projects) shall be charged against the Project Account. For purposes of this program, the Appli- cable Hourly Rate shall be equal to a staff person' s actual j hourly rate of pay (if such person is paid by the hour) or i an approximate of his or her hourly compensation (based upon weekly salary divided by forty (40) hours , together with an additional factor reflecting said person' s hourly value of fringe and pension benefits) , if said staff person is a person who is compensated on a salary basis. The Applicable Hourly Rate for review and processing by the city's outside fee consultants shall equal their actual hourly charge for such review and processing. A debit against the Project Account shall also be made which shall reflect the costs of administering this program, which charge shall be based upon the actual effort involved for such administration. (E) This authorized program shall not replace the imposition and collection of Structure Permit fees , which Building Permit fees shall be collected to defray the costs Of up to two (2) non-priority structure plan reviews in a normal single-plan review procedure or up to two (2) non- priority plan reviews in a Fast-Tracking plan review pro- cedure, and inspections which are not requested on a priority basis and which are requested when the Building and Zoning Department or Engineering Department is open during regular hours (or during the regular business hours of any city out- side fee consultant engineering firm) . "Fast-Tracking" is defined as a method of construction where plans for component parts of a structure are reviewed +•-+�� ; on an as-being built basis (including pre and post permit meetings with staff for such multiple plan critiques) . i When "Fast-Tracking" inspections or plan reviews are requested on a priority basis , or when the same plan for a component part of a structure is reviewed more than twice, the Applicable Hourly Rate for staff and outside fee con- sultants involved in such review and inspections , together with a surcharge of such Applicable Hourly Rate(s) , (such surcharge to be implemented, established and changed from time to time by Resolution) , shall be assessed against the Project Account of the person requesting such work. When non-"Fast-Tracking" inspections or plan reviews are requested on a priority basis , or when the same plan is reviewed more than twice , the Applicable Hourly Rate for staff and outside fee consultants involved in such reviews and inspections shall be assessed against the Project Account of the person requesting same. The cost of any inspections (for "Fast-Tracking" and non- 'Fast-Tracking" development) which are requested when the Building and Zoning Department or Engineering Department I J -3- would normally be closed (or outside of the regular business hours of an city outside Y Y e fee consultant engineering firm shall be assessed against the Project Accounts of the person requesting same. (F) The amount of the initial deposit for the different types of review requests shall be established, and from time to time amended, by resolution of the city commission. It is the express intent of the city commission and mayor of the City of Dania, Florida, in enacting this cost recovery program that the city' s costs of administrative and outside fee consultant review and processing of review requests , as required or necessitated now or in the future by the city' s ordinances , resolutions , policies or procedures , shall be borne by the person initiating the review request. To the extent that this authorized program is not fully implemented by resolution as provided, the fees and charges provided for elsewhere in the Code of Ordinances immediately before the ! enactment of this ordinance for such unimplemented review and processing, if any, shall be valid as not inconsistent with this program, fully chargeable, levied and collected. (G) This program shall not apply to review requests which are originally initiated by or on behalf of the City of Dania or another governmental entity acting in its governmental capacity; such as , but not limited to, Department of Transportation highway proposal commentary, reviews of Broward County transportation improvements , re- view of proposed amendments to the Broward County or local Land Use Plans , and review of Developments of Regional Impact ; provided however, that the initiating government entity does j not charge the City of Dania for its review, processing and comment upon Dania ' s review requests of a similar type or nature. (H) The preceding paragraph (G) shall not apply to review requests which are initiated by another governmental entity or agency acting in a corporate or proprietary capacity , such action including , but not limited to, a governmental entity' s review requests incident to the erection of buildings or structures within Dania (such as post offices , libraries or governmental office buildings) . (I) Except as provided herein, any notification pro- vided in this section for supplemental deposits from the City of Dania to a person initiating a review request shall be deemed sufficient if made by a telephone call to such person or his or her agent with a confirming certified letter to follow. It shall be the duty of persons initiating review requests to provide on the filed review request a continuously updated address and telephone number where said persons or their agents can be reached for purposes of such notification. If an attempt to notify a person initiating a review request or his or her agent is frustrated because such furnished phone numbers or addresses were not correct or up to date when the notification attempt was made, such frustrated attempt shall be deemed sufficient notice for purposes of this section. Section 2. That except as herein amended, all other provi- sions of Chapter 28 shall remain in full force and effect. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held in- valid or ulconstirutional by any court of competent p jurisdiction , I i i -4- i such portion shall be deemed a separate , distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. The provisions of this ordinance shall be in- cluded in and incorporated in the Code of Ordinances of the City of Dania, Florida, as an addition or amendment thereto, and 1 shall be appropriately renumbered, if necessary, to conform to the uniform system of the Code. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 6 . That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the 14th day of .Tune > 1988 . � PASSED and ADOPTED on Second and Final Reading on the 28th day of ,Tune 1988. i UR PI1�Y� CO CIS �D ER ATTEST: ITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS I By: ADLER, City Attorney U _5_ ORDINANCE NO . 31-83 II EEiOREIGTy' COMMISSION 1LFFwIRT. CITY OF DANIA, FLORIDAREGAGA DING ADOPT I ION OF THE FOLLOWING THE SUN-TATTLER IS POSED ORDINANCES: NOTICE IS HEREBY GIV- EN met I"bn. CICr 1 Dan,. ,an el Ian JC41,UN of De nl.. Florlee. on DUNE xe. Ivae '.. u L00 P.m. ea noon Established as The Hollywood Sun - ,January 4, 1935 ",Iee.<.H<r .e IAe m.II<r HOLLYWOOD, BROWARII COUNTY, FLORIDA : oe:. wnud <hearing n Ih* COmdHIS; n roe. of le. Dan( City Hall IN WeN Den IS. Florid. Ill can 1IO�r lee Pf000a<a eaoPllon On F¢Ond and llntl neelnp OI STATE OF FLORIDA the Ordln.r1l, .a1111.E: N ORDINANCE OF THE CITY OF DANIA. FLORI- COUNTY OF BROWARD DA, AMENDING CHAP TER xa OF THE CODE OF Before the undersigned authority personally appeared ]ac14 D Pate ORDINANCES IFAFTECIVO DANI ENTI- TLED "ZONING" AS EN- who on oath says (he/she) is ACTED BY ORDINANCE "fir tisiR a Ca.leJ.�� NO. too. BY ADDING A 2� NEW SECTION THERETO of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward TO AUTHPRE- PAYMENT RIZEPRO A M TO . A SSURE RECOVERY OF OSTS OF AD C County, Florida; that the attached copy of advertisement, being a THE HE AND REVIEW AHD PROCESSING OF APPLI- Notice Of Hearing CATIONS, SUBMISSIONS, O OR REQUESTS INCIDENT TO ALL DEVELOPMENT IN THE CITY OF DANIA; THAT PER- in the matter of _ C'Ity Of DaniA SONS VIMAKING SUCH AP- O p '".! MV ! SIONS TOR Sh EOUESITS in the—}og�I, PAR,a Binh. Rlvtx. CWtXX OF THE ACTUAL REVIEW AND PROCESS- ING; was published in said newspaper in the issue o[ PROVIDING FOR jnne 17, 1988 "PERTAIN EXEMPTIONS TOµ IIJILIONS AND' RE- �LNpTNEM OOVERNMEN Affiant further sa s that the said SUN-TATTLER is a new pa r published at Hollywood in AA1, ENTITY.ACTING IN A- Y p per p y 60VERNMENTA CA- I 'PACITY PROVIDING saidBrowardCounty,Florida,and that the said newspaper has heretofore been continuously THAT GROCOED AL VI published in said Broward County, Florida,each week and has been entered as second class GRAM HEREIN"AU;.ROO- RIZED AND THE ORPOS- matter at the post office in Hollywood in said County, Florida,for a period of one year next Tyy THEREFOR BE preceding the first publication of the attached copy of advertisement; and affiant further RICI 1CALLv REVIEEWED says that he has neither aid nor promised an Y pAND AMENDED BY RES- p p y person, firm Or corporation an discount, ,CLUTIONOMMIS OF THE TNE rebate,commission or refund for the purpose of securing this advertisement for publication , CITY OF DANIA, FLORI- in t said newspaper. f.OAI PROVIDING FOR .1{{1EVERABILITYllial ID- PNGOVIDIINGO THAT TALL ORDINANCES OR PARTS OF ORDINANCES AND „ AI,S, RESOLUTIONS OR PARTS OF RESOLUTIONS IN INFLICT NEREWITH BE•RE PEACED TO THE Sworn to and subscribed before me EXT(NT OF AND P VJCH CON- I C-S FLICY. ROVIDING I pj'� FOR AN, EFFECTIVE this dayof_ A.D.I9('1 DATE,` AN ORfSI DANIA, 1I NE Vl" I CITY Of DANIA, R U111 OA AMENDIHO SECTORM NOTARY Pt7p� t� -�- Is bF THE CODE DOFF NDT1fRYPUBLIC SIVE OF FLi,;,T lA $?F DANIA KY DI DANIA FETHE LED t- PENSIONS AND R6- (SEAL( Er rDNNf$$IOE ESP• JL';(t ;--q PENSIONS TO PERMIT BOIlDED TNBU CERENAL jl:$- : THE DEDUCTION OF RE• TIRE S'HEALTH INSUR- N - ANC SS��PIREMIUMS FROM HESM.1lN PROVIDINIG AE.. RDINANCES OF OR%p - , LL RESO}}QQ��ARTS-0 EWITUIOI��TH PEHV I. FF T CIA- J�. - NdN111P cl NlM Gwh'tMrRCI1qF "f J. �: . N 100 TWa(DFIRR BMaw r1Rabe-YRFecNM 1W 111E RORC dVINI M<111RL-dfR• 1 _ �' i • el M R1R rRea Y Rlr 1 I 9 1 •. 1 9..,111 he 6 All MFLMNEad1R .'•- - MAY LEMLAL�!MNN RFN t —to dMMR NIN a-var 1IyRa M Rle Proclaim",SI �;� �.oL �. .r S ',� •a - '.d: q� .dal I �� i[{ -tNI 53,E t•>IJtxtt f'� r f�n,Jy r'rZvv a Ila3y d�'� II � v r •�' J0 �L: i � ��F . 6 �• 2� ire ll��d .�{` 4 y. re•,:di:�biFi� ate.•.iic tf � . �jt y� 4, ,r� I I.