HomeMy WebLinkAboutR-1988-023 RESOLUTION NO. 23,-88
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
IMPLEMENTING ORDINANCE NO. 31-88 WHICH PER-
TAINS TO THE CITY' S PREPAYMENT PROGRAM TO
ASSURE RECOVERY OF THE COSTS OF ADMINISTRA-
TIVE AND OUTSIDE FEE CONSULTANT REVIEW AND
PROCESSING OF APPLICATIONS, SUBMISSIONS , OR
REQUESTS INCIDENT TO DEVELOPMENT OF REALTY
IN THE CITY OF DANIA, FLORIDA, BY PROVIDING
FOR IMPLEMENTATION OF SAID PROGRAM BY ESTAB-
LISHING INITIAL DEPOSIT AMOUNTS AND SURCHARGES
FOR VARIOUS TYPES OF REVIEW REQUESTS ; PROVIDING
FOR DEFINITIONS ; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE .
WHEREAS , the City Commission of the City of Dania, Florida,
has established by Ordinance No. 31-88 a prepayment program
to assure recovery of the city' s costs of administrative and
outside fee consultant review and processing of applications ,
submissions , or requests incident to development , utilization,
or improvement of realty in the City of Dania; and
WHEREAS , the referenced ordinance provides for implementation
of said program by the promulgation of resolution of the City
Commission of the City of Dania , Florida, which establishes the
initial deposit amounts for various types of review requests ; and
WHEREAS , the enabling ordinance provides that the deposits
and surcharges in the program may be increased or decreased from
time to time by resolution of the City Commission of the City of
Dania, Florida; -
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1 . DEFINITIONS.
a. REVIEW REQUEST: An application, submission, or request
concerning development , utilization , or improvement
of realty in the City of Dania, Florida including, but
not limited to, review and processing' of plat applications ,
applications for site data records , proposed over-sized
off-site water distribution/transmission main and sewer
collection/force main facilities , installation of utility
lines and pipes , land use plan proposed amendments , plan-
ned or existing street sidewalk , pavement , street marker,
seawall , bridge installation, culvert or drainage
facilities , modifactions to site plans , certain building
and engineering inspections , applications for a periodic
review of Development of Regional Impact Orders , document
review in developments involving Unified Control , a change
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in zoning, pre-permit conferences , and certain building
plan and bridge installation plan reviews and inspections .
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b . STRUCTURE: That which is built or constructed (including
but not confined to buildings) or any piece of work
artifically built up or composed of parts joined together
in some definite manner, the use of which requires more
or less permanent location on the ground, or which is
attached to something having a permanent location on the
ground.
c. LOT: A parcel of land considered as a unit occupied,
not to be occupied, or to be occupied by a main building
or group of main buildings and accessory buildings , or
by a principal use and uses accessory thereto , together
with such yards and open spaces as required by the City
of Dania Comprehensive Zoning Ordinance No . 100 , as
amended. The word "lot" shall include the words "plot" ,
,site" , "tract" , "Parcel" , and where a quantifiable
contiguous piece of land is developed under a common
scheme of ownership or operatioT: a "subdivision" .
d. LOT AREA: The total horizontal area within the lot lines
of a lot.
e. SINGLE FAMILY HOME: A detached single dwelling which
is not required to have site plan review and approval .
f . FAST-TRACKING: "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) .
Section 2. The costs of the city' s administrative and out-
side fee consultant processing and review (and surcharge for
certain "Fast-Tracking" plan reviews and inspections as specified in
subsection 2(f) below) of the following types of review requests
shall be charged against the initial deposits therefor as such are
set forth and calculable in Sections 3 , 4 and 5 of this resolution:
1 a. Pre-review request conferences . -
b. Requests for a change in applicable zoning ( including
a request for a variation , special exception, or a
a request to place the property in a different zoning
district) .
C . Requests for a change in a lot ' s designated land use.
d. Requests for site plan review.
e . Requests for review of proposed project modifications ,
including modifications to site plans , or review of
road, drainage or sidewalk modifications .
f . Requests for plat review.
g. Requests for site data record review.
h. Requests for building inspections when the Building and
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Zoning Department would normally be closed.
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i. Requests involving Legal Department document review
in developments involving unified control.
j . Requests concerning land developed as a Development
of Regional Impact .
k. Requests concerning plans for water and sewer facilities ,
including proposed off-site , over-sized water distribu-
tion/transmission main and sewer collection/force main
facilities.
1 . Requests for review of planned or existing street ,
pavement , street marker, seawall, bridge installation,
culvert or drainage facilities .
M. Building Permit fees shall be collected to defray the
costs of up to two (2) non-priority plan reviews in
j a normal single-plan review procedure or up to two (2)
non-priority building plan reviews in a"Fast-Tracking"
plan review procedure, and inspections which are not
requested on a priority basis and which are requested
when the Building and Zoning Department or Engineering
Department would normally be open during regular hours .
When "Fast-Trackind' inspections or plan reviews are re-
quested on a priority basis , or when the same plan for
a component part of a structure is reviewed more than
twice, the city' s costs for such administrative and out-
side fee consultant review and inspection, together with
a twenty percent (20%) surcharge , 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 city' s costs for
such administrative and outside fee consultant review
and inspection shall be assessed against the Project
Account of the person requesting such work.
n. Pre -and post-permit conferences and project reviews
(specifically including but not limited to the develop-
ment , monitoring and completion of Critical Path
Governmental Approval Reports and all review and monitor-
ing incident to or in any way related to such reports) . `
Notwithstanding the above , no deposits or surcharge shall be
required for the building of a single family homy as defined in
Section 1 . Furthermore, each development project site shall be
entitled to one introductory conference, not to exceed one hour,
free of charge . This introductory conference is intended to be
educative as to this program' s procedure; however, the merits of
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a development site may also be discussed in general terms . The
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introductory conference shall be with the Building Official or
with his designee , with the Building Official and not the person
initiating the review request , to have the prerogative of deter-
mining who attends the introductory conference in the city' s behalf.
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Section 3 . A person initiating a review request which does
not contemplate review of the merits of proposed structures , shall
pay a mandatory minimum initial deposit of One Thousand Dollars
($1 , 000. 00) . The administration may recommend an initial deposit
in excess of the minimum amount so as to help prevent frequent
cessation of development review where it is apparent that the
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minimum deposit would be practically insufficient . This recom-
mended deposit shall be calculated by multiplying a give develop-
ment ' s lot area by Fifty Dollars ($50. 00) per acre. If this
formula produces a deposit which is impractical based upon program
experience with similar developments , the characteristics of the
proposed development , or the person initiating the review request ' s
financial position, any alternate formula for a recommended deposit
in excess of the minimum deposit may be employed. Supplemental
deposits shall be based upon the required One Thousand Dollar
($1 , 000. 00) initial minimum deposit. As with the initial deposit ,
the administration may recommend larger supplemental deposits so as
to help prevent frequent review cessation.
Section 4 . A person initiating a review request which con-
templates review of the merits of proposed structures , shall pay a
.„, mandatory minimum initial deposit of One Thousand Dollars ($1 , 000. 00) .
The administration may recommend an initial deposit in excess of the
minimum amount so as to help prevent frequent cessation of develop-
ment review where it is apparent that the minimum deposit would be
practically insufficient . The recommended deposit shall be equal to
one-tenth of one percent ( .001) of the development ' s estimated value .
If this formula produces a deposit which is impractical based upon
program experience with similar developments , the characteristics
of the proposed development , or the person initiating the review
request ' s financial position, any alternate formula for a recom-
mended deposit in excess of the minimum deposit may be employed.
Supplemental deposits shall be based upon the required One Thousand
Dollar ($1 ,000. 00) initial minimum deposit. As with the initial
deposit , the administration may recommend larger supplemental I
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deposits so as to help prevent frequent review cessation.
Section 5 .. Notwithstanding Sections 3 and 4 of this resolution
and in consideration of any recommendation of the Building Official ,
the city commission may authorize a reduction in the initial de-
posit for review of project modifications when the estimated cost
of such review is sufficiently low so as to make the initial de-
posit otherwise required unduly excessive. Furthermore , any such
equitable adjustments made before this resolution could be
promulgated are hereby approved and ratified.
Section 6. If any section, subsection, sentence , clause ,
phrase or portion of this resolution is for any reason held in-
valid 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 of this resolution.
Section 7. That this resolution shall be in force and take
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effect immediately upon its passage and adoption.
" PASSED AND ADOPTED this 12th day of July 1988 .
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-M OR - UMMISSI
i ATTEST :
CITY CLERK - AUDITOR
APPROVED AS TOO FORM AND CORRECTNESS
� � •By: J 5006.4�
FRANK C. ADLER, City Attorney
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-5- Resolution No. 23-83