HomeMy WebLinkAboutOrd #042-3rd Ser/Amending code re: escrows/fees/expenses SUMMARY OF ORDINANCE NO. 42 , THIRD SERIES
ORDINANCE NO. 42 , THIRD SERIES
AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE
BY ADDING CHAPTER 75 ENTITLED
"REIMBURSEMENT OF DEVELOPMENT COSTS; ESCROWS"
AND AMENDING ORONO MUNICIPAL CODE
SECTIONS 78-42 AND 82-47 REGARDING
ZONING AND SUBDIVISION APPLICATION FEES AND EXPENSES
AND AMENDING ORDINANCE NO. 40, 3� SERIES,THE 2008 FEE SCHEDULE
The following is the official summary of Ordinance No. 42 , Third Series approved by the
City Council of the City of Orono on February 11, 2008.
The Ordinance adds Municipal Code Chapter 75, "Reimbursement of Development Costs;
Escrows". The Ordinance establishes definitions in Section 75-1. Section 75-2 establishes
that property owners and applicants shall reimburse the City for actual costs incurred by the
City in relation to land use applications. Sections 75-3 and 75-4 establish the requirement for
escrow moneys to be deposited with the City for land use applications during the application
and construction phases of a project or land use application. Section 75-5 defines the process
of regular billing to applicants of costs incurred by the City on behalf of their applications.
� Section 75-6 addresses maintenance of escrow fund balances. Section 75-7 provides for
refund to applicants of unexpended escrow balances. Section 75-8 directs'that the City will
not pay interest on escrow balances. Section 75-9 establishes that the City Administrator
shall set rates charged for the services performed by City staff or consultants.
The Ordinance revises Zoning Code Section 78-42, Fees for Zoning Applications, by
deleting text concerning development deposits that is deemed as redundant as a result of the
addition of Chapter 75; and specifically adds a reference to the current City Fee Schedule
with reference to fees.
The Ordinance deletes the entire text of Section 82-47 "Fees and Expenses" and retitles the
Section as "Fees for Subdivision Applications". The ordinance then adds Sections 82-47(a)
through 82-47(d). Section 82-47(a) refers to the current City Fee Schedule, establishes that
application fees shall be payable upon application, limits refundability, and establishes that
City-driven applications shall be exempt from fees. Section 82-47(b) provides that permits
shall not be issued until fixed and additional development fees have been paid. Section 82-
47(c) requires payment of fixed fees and requires compliance with the provisions of Chapter
75.
The Ordinance revises the 2008 City fee Schedule by establishing a building permit escrow
amount of $2,500 for new homes, home additions and other new structures, and a $600
escrow amount for grading, excavation and filling.
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This Summary Ordinance is an abbreviated summary of Ordinance No. �, Third Series. A
printed copy of Ordinance No. 42 , Third Series in its entirety is available for inspection by
any person at the office of the City Clerk during regular office hours. This ordinance
becomes effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this l lth day of
February, 2008 by a vote of 5 ayes and 0 nays.
ATTEST:
����ic� �U�'-� ��
Linda S. Vee, City Clerk Ja es M. White,Mayor
Summary Ordinance published the week of �'hursday, February 28, 2008 in the Sun
Sailor newspapers.
Page 2 of 2
ORDINANCE NO. 42 , THIRD SERIES
AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE
BY ADDING CHAPTER 75 ENTITLED
"REIMBURSEMENT OF DEVELOPMENT COSTS; ESCROWS"
AND AMENDING ORONO MUNICIPAL CODE
SECTIONS 78-42 AND 82-47 REGARDING
ZONING AND SUBDIVISION APPLICATION FEES AND EXPENSES
AND AMENDING ORDINANCE NO. 40, 3� SERIES, THE 2008 FEE SCHEDULE
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. The Orono Municipal Code Title VI, Land Use, is hereby amended by
adding Chapter 75 -Reimbursement of Development Costs; Escrows, to read as follows:
"Sec. 75-1. Definitions. As used in this article:
Costs means any time or expense incurred by the City for services performed by the City
Planning Director, City Engineer and City Attorney or any other regular staff or consultants.
Development means any subdivision, planned unit development, rezoning, conditional use
permit, variance, vacation, building permit, or site plan; or proposed subdivision, planned
unit development, rezoning, conditional use permit, variance, vacation, building permit, or
change in site plan; or any amendment to a previously approved subdivision, planned unit
development, rezoning, conditional use permit, variance, vacation, building permit or site
plan.
Owner means any property owner, applicant, or duly authorized representative of a
development.
Improvements means all those public and private facilities to be constructed by the owner in
support of the approved Development, as established in the Development Agreement
between the City and the owner, including but not limited to streets and roads, parking lots,
sidewalks, trails, sewer and water facilties, storm water management facilities, site grading
and restoration, erosion control, landscaping, etc.
Sec. 75-2. Reimbursement Required. Any Owner that causes the City to incur costs on
behalf of, or on account of, that Owner, associated with a proposed development, shall
reimburse the City for the actual costs expended by the City on behalf of, or on account of,
said Owner.
Sec. 75-3. Application Deposit Required. At the time of application the Owner shall
deposit with the City in escrow an amount, as determined by the City Administrator (or as
directed in the City Fee Schedule), necessary to secure coverage of the total costs associated
with review and approval of the proposed Development. The Owner will then be expected to
Page 1 of 6
maintain the escrow fund at a balance equal to the original amount deposited. Any escrow
shall be held in a special escrow account and shall be credited to the said Owner.
Expenditures to be secured by the aforesaid escrow account shall include but not be limited
to Staff time in excess of that covered by the standard application fees; engineering
consultant and legal consultant expenses incurred by the City of Orono in Development
application review and approval; and all other City staff administrative and consultant
services performed in the processing of said review and approval.
Sec. 75-4. Construction Deposit Required. Prior to issuance of permits and prior to
commencement of any site work the Owner shall deposit with the City in escrow an amount,
as determined by the City Administrator (or as directed in the City Fee Schedule), necessary
to secure coverage of the total costs associated with review and inspection of the construction
of Improvements associated with the approved Development. The owner will then be
expected to maintain the escrow fund at a balance equal to the original amount deposited.
Any escrow shall be held in a special escrow account and shall be credited to the said Owner.
Expenditures to be secured by the aforesaid escrow account shall include but not be limited
to Staff time in excess of that covered by the standard application fees; engineering
consultant and legal consultant expenses incurred by the City of Orono in review and
inspection of the Improvements; any office and field checking; when necessary, setting grade
and drainage requirements; general supervision; staking; testing; installation; cost of traffic
control and street signs; drafting as-built drawings; and all other City staff administrative and
consultant services performed in relation to construction of the Improvements.
Sec. 75-5. Regular Billing Statements of Expenditures Required. The City will on a
regular basis forward to the Owner a statement and bill for the expenditures incurred by the
City for staff and consultant services. Such statements shall be due and payable within
fifteen (15) days of receipt by the Owner. No statement will be sent if there are no expenses
incurred in the period since the most recent statement. The City shall itemize all time,
services, and materials billed to any Owner and said time, services, and materials shall be in
accordance with the rules,regulations, and fees as promulgated and adopted by the Council.
Sec. 75-6. Reimbursement of Escrow Fund. The owner shall reimburse the escrow fund
for any deficits caused if the amount actually expended by, or billed to, the City exceeds the
escrow fund balance.
Sec. 75-7. Refund of Unexpended Balance. Any balance remaining in the account upon
completion of the development shall be returned to the depositor by the Finance Department
after all claims and charges thereto have been paid.
Sec. 75-8. Escrow Fund not to Draw Interest. The City shall not pay interest on the
monies deposited in the escrow fund.
Sec. 75-9. Rates Established. The City Administrator shall establish the rates charged for
the services performed by city staff or consultants."
SECTION 2. The Orono Municipal Zoning Code Section 78-42 entitled Fees for Zoning
Applications is hereby amended as follows:
Page 2 of 6
"Sec. 78-42. Fees for zoning applications.
(a) The fees to be paid for each application for rezoning, simple subdivision or
variance, new, special or conditional use, accessory and principal uses or other approvals
required in this Code shall be in the amount prescribed by the current city fee schedule
provisions. Fees shall be payable at the time applications are filed with the zoning
administrator .,,,a „ o „� ,.o�;,,,a.,�.�o , .,�o�� +�,o „ �,:,.,,�;,,,, ; ,;��,a,.,,...,, ,. ,. �,. ..o�r..,� �„
. There shall be no fee in the case of applications filed in the public
interest by the council or by the planning commission.
(b) No person shall be issued a permit pursuant to this chapter and chapter 82 by the
city until each applicant shall have paid to the city clerk the fixed and additional costs
incurred by the city in reviewing the application as provided in this chapter.
(c) Each applicant shall be charged the fixed fee specifically provided in this chapter
or other provisions of this Code includin� the current Fee Schedule adopted by the City
Council as required to cover the costs incurred by the city in administratively processing,
reviewing and issuing, if granted, each permit.
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(e) Application fees are not refundable unless the application is withdrawn prior to
referral to the plannin� commission. In the case of such timelv withdrawal the amount of
refund shall be reduced bv the costs incurred by the Citti prior to withdrawal including but
not limited to staff time, notification publication expenses, and consultant costs.
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��fl Each applicant shall comply with the provisions of Chapter 75 - Reimbursement
of Development Expenses; Escrows.
(Code 1984, § 10.11)"
SECTION 3. The Orono Municipal Code Section Chapter 82 - Subdivision Regulations,
Section 82-47 entitled Fees and Expenses is hereby amended as follows:
"Sec. 82-47. Fees for subdivision auplications.
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�a) The fees to be paid for each application for subdivision shall be in the amount
prescribed by the current citv fee schedule provisions. Fees shall be pavable at the time
a�plications are filed with the zoning administrator. There shall be no fee in the case of
ap,plications filed in the public interest bv the council or bv the planning commission.
�b) No person shall be issued a permit pursuant to chapter 82 bv the citv until each
applicant shall have paid to the citv clerk the fixed and additional costs incurred by the city in
reviewin tg he application as provided in this chapter.
�c) Each applicant shall be charged the fixed fee specificall�provided in this chapter
or other provisions of this Code including the current Fee Schedule adopted bv the City
Council as required to cover the costs incurred by the city in administratively_processing and
reviewing the subdivision.
�d) Application fees are not refundable unless the application is withdrawn prior to
referral to the plannin� commission. In the case of such timelv withdrawal, the amount of
refund shall be reduced bv the costs incurred by the Cit�prior to withdrawal, including but
not limited to staff time,notification publication expenses, and consultant costs.
(e) Each applicant shall complv with the provisions of Chapter 75 - Reimbursement
of Development Expenses; Escrows.
(Code 1984, § 11.70)"
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SECTION 4. City of Orono Ordinance No. 40, 3rd Series, the 2008 Fee Schedule, is hereby
amended as follows:
A. Under the heading CONSTRUCTION PERMITS AND INSPECTION FEES
revise subheading BUILDING PERMIT as follows:
Applicable
Permit Tvae Fee Code Section
BUILDING PERMIT Ord.216
Minimum Fee $25.00
Normal Fee (per 2008 Building Permit Fee Table Based
on Valuation)
Plan Review Fee
Commercial (per 2008 Building Permit fee Table Based
on Valuation)
Residential 65% of Building Permit Fee
Building Valuation Standard (per Current I.C.B.O. Building Standards/
Building Valuation Data)
Permit Escrow•
New Home/Addition/New Structure 2 500.00 Sec.75-1- 75-9
Exempt: Permits not involvine anv anticinated consultant costs
B. Under the heading CONSTRUCTION PERMITS AND INSPECTION FEES,
revise subheading GRADING, EXCAVATION, FILLING, as follows:
Applicable
Permit Tvpe Fee Code Section
GRADING,EXCAVATION,FILLING
500 cubic yards or less $50.00(staff permit)+actual
engineering fees if required
$25.00 per each inspection over ls`)
Permit Escrow 600.00 Sec.75-1 -75-9
501 +cubic yards $50.00+Conditional Use Permit
$25.00 per each inspection over lsr
Permit Escrow 600.00 Sec.75-1 -75-9
NOTE: 501 cubic yards or more requires a Conditional Use Permit unless approved as part of a building
permit.
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SECTION 5. This Ordinance shall be effective upon approval and publication.
Adopted by the City Council of Orono on this l lth day of February, 2008 by a vote of
5 ayes and 0 nays.
ATTEST:
�i�� �v�. �� � ���
Linda S. Vee, City Clerk J e M. White, Mayor
Summary Ordinance published the week of Thursday, February 28, 2008 in the
Sun Sailor newspapers.
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