HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/19/2013 - FIRST READING OF ORDINANCE NO. 166, 2013, AMENDINGAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY November 19, 2013
City Council
STAFF
Ken Sampley, Stormwater/Floodplain Program Manager
Jon Haukaas, Water Engineer Field Operations Manager
Lance Smith, Strategic Financial Planning Manager
SUBJECT
First Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for
Floodplain Use Permits, Reviews and Variances.
EXECUTIVE SUMMARY
The purpose of this item is to adopt new and updated floodplain review fees in Chapter 10 (Flood
Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the
public health, safety and general welfare and minimize public and private losses due to flood conditions
in flood hazard areas. The floodplain regulations require that proposed activities, uses, improvements,
or alternations within designated flood hazard areas be submitted to the City of Fort Collins for review to
ensure compliance. These items are reviewed by staff from the City’s Stormwater Master Planning and
Floodplain Administration Division. City Code specifies that applicants must pay floodplain review fees
for these services. The current fees do not provide a mechanism to properly account for the significant
review times associated with certain types of floodplain reviews including Conditional Letters of Map
Revision (CLOMRs), Letters of Map Revision (LOMRs) and variance requests. Staff recommends that
a new fee structure be established to better assign costs to floodplain review applicants. This Ordinance
establishes specific floodplain review fees for:
fences, accessory structures (sheds/garages), decks and fill or grading operations;
Building additions, improvements/remodels, redevelopment or new buildings;
Mobile homes, floodproofing of structures;
Variance applications;
City basin no-rise analyses and floodplain map revisions; and,
Federal Emergency Management Agency CLOMRs, LOMRs and LOMR-Fills.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Chapter 10 (Flood Prevention and Protection) of the City Code outlines floodplain regulations that
promote public health, safety and welfare and minimize public and private losses due to flood conditions
in flood hazard areas. City Code includes methods and provisions for:
1. Restricting or prohibiting uses which could increase erosion, flood elevations or velocities;
2. Requiring that uses vulnerable to flooding be protected at the time of initial construction;
3. Controlling the alternation of natural floodplains, stream channels and natural protective barriers
that help accommodate and convey floodwaters;
4. Controlling filling, grading, dredging and development that increase flood damage; and,
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Agenda Item 14
Item # 14 Page 2
5. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters and
increase flood hazards in other areas.
City Code specifies that applicants must pay floodplain review fees for proposed activities, uses,
improvements, or alternations within designated flood hazard areas these services. The intent is to
institute a “user pay” approach wherein an applicant who is requesting floodplain review services pays
instead of having those costs charged to stormwater utility customers, generally, through existing
stormwater service fees. The current fees and their respective dollar amounts have not increased since
they were originally adopted (early 1990s). The current fees do not provide a mechanism to properly
account for the significant review times associated with different types of floodplain reviews including City
Basin no-rise analyses and floodplain map revisions, FEMA Conditional Letters of Map Revision
(CLOMRs) and Letters of Map Revision (LOMRs) and variance requests.
FLOODPLAIN USE PERMIT
All activities requiring the issuance of a floodplain permit will have a base floodplain use permit fee of $50.
For minor submittals that require limited review [approx. one (1) hour or less], the floodplain use permit
fee will be the only fee required. For other submittals, more detailed Staff review is required. An
additional fee is necessary to cover the costs associated with these reviews. The proposed fee structure
is shown in Attachment 1 and has categories of review fees to be collected based on the level of review.
In general, the typical categories of floodplain reviews are:
1. Minor Improvements / accessory structures;
2. Redevelopment, new buildings, additions, improvements/remodels greater than 50% of the
value of the existing structure;
3. Mobile Homes, Floodproofing;
4. Variances; and,
5. Pre- and Post-Project Floodplain analyses (City basin, FEMA, CLOMR/LOMR).
Category 1 -- Minor Improvements / Accessory Structures
For fence, shed, garage and miscellaneous items, reviews are typically completed within one (1) hour so
there are no additional proposed fees. For review items that involve more staff time, the floodplain review
fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee
based on the type of review submittal:
Deck/improvement or remodel less than 50% of the structure value ---------- $150
Fill or grading only --------------------------------------------------------------------------- $150
Category 2 -- Redevelopment, New Buildings, Additions, Improvements/Remodels Greater than
50% of the Value of the Existing Structure
Staff review for these items is dependent on the type of submittal. In general, more staff time is required
to complete these reviews when compared to those identified in Category 1. Floodplain review fees shall
consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the
type of construction:
Slab on Grade Construction -------- $150
Enclosure --------------------------------- $200
Crawl Space ----------------------------- $250
Category 3 -- Mobile Homes, Floodproofing
Staff review for these items is again dependent on the type of submittal. Floodplain review fees shall
consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fees:
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Agenda Item 14
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Mobile Home ----------------------------- $250
Floodproofing ---------------------------- $250
Category 4 -- Variance Applications
The recommended variance fee is one thousand ($1,000) dollars to better reflect the average number of
hours (20) of staff review and preparation time associated with analyzing, presenting and documenting
the variance to the Water Board.
Category 5 -- Floodplain Analyses (City Basin, FEMA, CLOMR/LOMR)
These submittals, by their nature, require significant Staff involvement and review. In those instances
where a submittal to FEMA is required, Staff must review and acknowledge that the submittal meets
Chapter 10 requirements in advance of the applicant submitting it for FEMA review. These submittals are
typically associated with larger site development (new) and/or redevelopment. There are typically two
(pre-project and post-project) submittals for each of the following submittal types. A pre-project floodplain
use permit fee (not required for post-project submittals) of fifty ($50) dollars is proposed along with the
following additional fees.
FEMA Basin CLOMR/LOMR-Fill (includes 1st and 2nd reviews) ----------------------- $ 250
City/FEMA No-Rise without hydraulic analysis (includes 1st and 2nd reviews) ----- $ 250
City/FEMA No-Rise with hydraulic analysis (includes 1st and 2nd reviews) --------- $ 500
City Basin Prelim/Final Floodplain Map Revision (includes 1st and 2nd reviews) -- $ 1,000
FEMA Basin CLOMR/LOMR (includes 1st and 2nd reviews)------------------------------ $ 1,000
In order to promote more complete submittals and reduce the number of floodplain analyses and
CLOMR/LOMR reviews, Staff has proposed an additional fee for resubmittals after the 2nd review. This
concept is similar to that used by several other Colorado communities. The additional review fees for 3rd
(and higher) reviews have a base fee plus $50 per hour for reviews taking longer than typical review
times:
Plus $50/hour for
Base Fee + Reviews > than
FEMA Basin CLOMR/LOMR-Fill ------------------------------- $125 3 hours
City/FEMA No-Rise with hydraulic analysis ---------------- $250 5 hours
City Basin Prelim/Final Floodplain Map Revision -------- $500 10 hours
FEMA Basin CLOMR/LOMR ------------------------------------ $500 10 hours
FINANCIAL / ECONOMIC IMPACT
Stormwater staff performed an internal analysis using data collected over the last three years to
determine the approximate average amount of staff time associated with specific floodplain reviews.
Attachment 2 presents the results and reveals that the current fees do not appropriately reflect the
staff effort necessary to perform the review functions. As a result, staff recommends that the proposed
new fee structure be established to better assign costs to floodplain review applicants. This approach is
similar to that used by other Colorado communities.
BOARD / COMMISSION RECOMMENDATION
The proposed floodplain administration review fees were presented and discussed at the June 6, 2013
Water Board Work Session. At its September 19, 2013 meeting, the Water Board unanimously approved
the stormwater floodplain review fees (Attachment 3).
PUBLIC OUTREACH
Staff notified customers (developers, engineers, etc.) of the proposed floodplain review fees by postcard
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Agenda Item 14
Item # 14 Page 4
mailing in late October 2013. The postcard provides general information and refers interested parties to
a city webpage developed specifically for the proposed floodplain review fees.
Public meetings included the Fort Collins Chamber of Commerce on October 4, 2013 and a Fort Collins
Utilities’ Key Accounts meeting and presentation on October 15, 2013.
ATTACHMENTS
1. : Floodplain Review Analysis (PDF)
2. : Water Board minutes, September 19, 2013 (PDF)
3. : Work Session Summary, September 24, 2013 (PDF)
4. : Proposed Fort Collins Floodplain Review Fees (PDF)
5. : Powerpoint presentation (PDF)
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City of Fort Collins
City of
Loveland
City of
Longmont
Town of Estes
Park City of Boulder Larimer County
Boulder
County Weld County
SEMSWA -
Denver Area
City of Wheat
Ridge
City of
Arvada
City of
Lakewood
Jefferson
County
City of
Aspen/Pitkin
County
PPRBD - Colorado
Springs and
Surrounding Cities
FEMA - Federal
Agency
UDFCD -
Denver
Metro Area
Average Fee
from all Entities
($)
Estimated
Hours
based on
Brians V's
Hour
Tracking
Estimated Costs
based on Brians
V's Hour Tracking
City of Fort
Collins Hourly
rate ($)
Permit Type/Activity $50
Floodplain Permit Application $25 $0 $100 $50 $400 $50 $180 $720 $200 to $1,000 $250 $624
$50 to $500 - dependent
on disturbance area $293
Floodway Use Permit $675 $675
County Engineer Referral $225 $225
Fence/Shed/Miscellaneous $35 $100 to $500 $30 $122 3 $150
Garage/Deck/Improvement < 50% Bldg.
Value $85 $100 to $200 $75 $104 2 $100
Fill or Grading Only $350 $800 to $2,000 $75 $675 8 $400
Building Footprint Expansion $800 $100 $450 5 $250
Improvement > 50% Bldg. Value $700 $200 $450 2 $100
New Building Construction $700 $1,000 $400 $700 5 $250
Floodplain Analysis $300 $700 to $3600 $2,395 $400 $1,480
CLOMR $300 $3,600 $200 $3,195 $4,400 $4,400 $1,823
Cost Comparison of 2012 Floodplain Permit Applications Using Proposed Floodplain Permit
Fees
The following is a cost comparison of the floodplain permits and floodplain analyses/FEMA map changes
processed by the City of Fort Collins in 2012 using the current fee structure and the proposed fee
structure. This comparison does not include City of Fort Collins projects for which the floodplain permit
fee is waived.
Floodplain Use Permits
Total revenue from Floodplain Use Permits in 2012 (Private only, City project fees are waived) = $1,410
Equivalent total revenue with proposed fees = $9,150
Estimated cost of staff hours expended reviewing these same permits in 2012 = $9,400
FEMA CLOMRs/LOMRS (Letters of Map Revision) *
Total revenue from CLOMR/LOMRs in 2012/13 (Private only, City project fees are waived) = $2,100
Equivalent total revenue with proposed fees = $6,000
Estimated cost of staff hours expended reviewing these same CLOMR/LOMRs in 2012/13 = $4,250
*excludes Choice Center CLOMR
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Attachment14.1: Floodplain Review Analysis (Floodplain Permit Fees)
Excerpt from Unapproved Water Board Minutes, September 19, 2013
2014 Recommended Rate Changes
Strategic Financial Planning Manager Lance Smith presented information on rate changes. This
item was also presented at the August Water Board meeting.
Water Rate Increase
Two components in 4 percent increase
o 3 percent for increased capital investment in infrastructure
o 1 percent for additional costs associated with the High Park Fire
Updated Cost of Service study
Mr. Smith presented a graph showing the impacts by rate class for single family, multi-family,
duplex, commercial, and high volume industrial. Staff recommends gradual rate adjustments.
This study will also be used for adjusting 2015 rates.
Mr. Smith presented a chart showing Plant Investment Fees for 2013 and 2014. These have also
been adjusted.
Wastewater Fund
Per 2014 City Budget 3 percent increase (increase necessary for capital improvements)
Updated Cost of Service study
Plant Investment Fees for 3 inch connections specific to customer
Mr. Smith presented a graph showing the impacts by rate class for single family, multi-family,
duplex, commercial, and high volume industrial. Staff recommends gradual rate adjustments.
Stormwater Fund
Per 2014 City Budget no rate increase
Proposed adjustments to Floodplain Permit Fees
o No changes to these fees since adoption
o New rates based on actual cost of reviews
Mr. Smith presented graphs showing typical residential utility bills for the summer and winter
months.
Highlights from the discussion:
A board member expressed concern about the motion wording for the rate increase (“4
percent rate increase”). The board members and staff discussed how to accurately convey
this is an overall 4 percent rate increase and that the different rate classes will see varied
rate increases.
A board member expressed concern about the costs associated with gravel pit storage.
A board member inquired if the tap fee includes fire suppression. Mr. Haukaas stated this
is a separate tap with no fee attached.
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Attachment14.2: Water Board minutes, September 19, 2013 (Floodplain Permit Fees)
Excerpt from Unapproved Water Board Minutes, September 19, 2013
Board Member Eccleston moved that the Water Board support the proposed rate
adjustments resulting in an overall 4 percent increase for the Water Fund and a 3
percent increase for the Wastewater Fund in 2014 as stated in the 2013-2014 Biennial
Budget. Rate adjustments would be distributed by customer class to more closely align
rates with the actual cost of service per the 2013 study. Board Member Hill seconded the
motion.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
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Attachment14.2: Water Board minutes, September 19, 2013 (Floodplain Permit Fees)
Packet Pg. 266
Attachment14.3: Work Session Summary, September 24, 2013 (Floodplain Permit Fees)
Floodplain Permit Fees for the City of Fort Collins Utilities
Permit Type/Activity Proposed City of Fort Collins Fees Fees for 1st and 2nd Reviews Fees for 3rd, 4th, 5th etc. Reviews
Existing City of Fort
Collins Fees
FLOODPLAIN USE PERMIT (FPU) $50 N/A N/A $25
All fees in categories 1 through 5A are in
addition to the $50 FPU permit application fee
and are based on the type of review submittal.
The highest single applicable fee will be
assessed.
CATEGORY 1 -- MINOR IMPROVEMENTS / ACCESSORY STRUCTURES
Fence/Accessory Structure $0 Included in $50 FPU fee Included in $50 FPU fee
Deck/Improvement or remodel < 50% Bldg. Value $150 Included in $50 FPU fee Included in $50 FPU fee
Fill or Grading Only $150 Included in $50 FPU fee Included in $50 FPU fee
CATEGORY 2 -- REDEVELOPMENT, NEW BUILDINGS, ADDITIONS, SUBSTANTIAL
IMPROVEMENTS OR REMODELS GREATER THAN 50% OF THE VALUE OF THE
EXISTING STRUCTURE
Slab on Grade $150 Included in $50 FPU fee Included in $50 FPU fee
Enclosure $200 Included in $50 FPU fee Included in $50 FPU fee
Crawl Space $250 Included in $50 FPU fee Included in $50 FPU fee
CATEGORY 3 -- MOBILE HOMES, FLOODPROOFING
Mobile Home $250 Included in $50 FPU fee Included in $50 FPU fee
Floodproofing $250 Included in $50 FPU fee Included in $50 FPU fee
CATEGORY 4 -- VARIANCES
Variance Application $1,000 $300
CATEGORY 5A -- PRE-PROJECT FLOODPLAIN ANALYSES (CITY BASIN, FEMA,
CLOMR)
No-Rise - without Hydraulic Analysis (City or FEMA) $250 Included in $50 FPU fee Included in $50 FPU fee
CLOMR-Fill $250 Included in $250 fee $125 each time + $50/hr. for each review hour over 3 hours
Hydraulic Analysis for No-Rise (City or FEMA) $500 Included in $500 fee $250 each time + $50/hr. for each review hour over 5 hours
FEMA Basin CLOMR/CPMR $1,000 Included in $1,000 fee $500 each time + $50/hr. for each review hour over 10 hours $300
City of Fort Collins Basin Preliminary Map Revision $1,000 Included in $1,000 fee $500 each time + $50/hr. for each review hour over 10 hours $300
CATEGORY 5B -- POST-PROJECT FLOODPLAIN ANALYSES (CITY BASIN, FEMA,
LOMR)
No-Rise - without Hydraulic Analysis (City or FEMA) $250 Included in $50 FPU fee Included in $50 FPU fee
LOMR-Fill $250 Included in $250 fee $125 each time + $50/hr. for each review hour over 3 hours
Hydraulic Analysis for No-Rise (City or FEMA) $500 Included in $500 fee $250 each time + $50/hr. for each review hour over 5 hours
FEMA Basin LOMR/PMR $1,000 Included in $1,000 fee $500 each time + $50/hr. for each review hour over 10 hours $300
City of Fort Collins Basin Final Map Revision $1,000 Included in $1,000 fee $500 each time + $50/hr. for each review hour over 10 hours $300
City of Fort Collins
11/12/2013 Packet Page Pg. 1 267
Attachment14.4: Proposed Fort Collins Floodplain Review Fees (Floodplain Permit Fees)
11/13/2013
1
1
Ken Sampley, P.E.
Stormwater and Floodplain
Program Manager
Floodplain Review Fees
Mark Kempton, P.E.
Stormwater Master
Planning Manager
City Council Meeting
November 19, 2013
City Code Chapter 10
Flood Prevention and Protection
2
City Code Chapter 10
Flood Prevention and Protection
Chapter 10 outlines floodplain regulations that
promote the public health, safety and general welfare
and minimize public and private losses due to flood
conditions in flood hazard areas:
1. No increase in flood elevations,
erosion or velocities;
2. Protect / elevate new construction;
3. Control alteration of natural
floodplains and stream channels
4. Control filling, grading so no
Increased flood damage; and,
5. No diverting floodwaters.
Old Town Flood 1992
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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2
3
City Code Chapter 10
Flood Prevention and Protection
Poudre River – September 2013
FLOODPLAIN REVIEW FEES
City Code specifies that applicants must pay
floodplain review fees for proposed activities, uses,
improvements, or alternations within designated flood
hazard areas these services.
KEY CONSIDERATIONS
• “User Pay” approach
• Fees have never increased
• Fees do not account for significant
review times for CLOMRs/LOMRs
and variance requests.
4
Step 1 – Research
and compare fees
Floodplain Review Fees
Research and Development
Step 2 – Internal
analysis
Step 3 – Proposed
review fees
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
11/13/2013
3
5
Floodplain Review Fees
Typical Review Categories
All activities requiring a floodplain permit will have a
base floodplain use permit fee of $50.
For other submittals, more detailed Staff review is required
and an additional fee is necessary. The proposed fee
structure is shown in Attachment 1 and the typical review
categories are:
1. Minor Improvements / accessory structures;
2. Redevelopment, new buildings, additions, improvements and
remodels greater than 50% of the value of existing structure;
3. Mobile Homes, Floodproofing;
4. Variances; and,
5. Pre- and Post- Floodplain analyses (City basin, FEMA
CLOMR/LOMR).
6
Category 1 -- Minor Improvements / Accessories
For typical fence, shed, garage and miscellaneous items,
reviews are typically completed within one (1) hour so there
are no additional proposed fees.
Floodplain review fees shall consist of the floodplain use
permit fee of fifty ($50) dollars plus:
· Deck/structural improvement or remodel -- $150
less than 50% of the structure
· Fill or grading only -------------------------------- $150
Floodplain Review Fees
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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7
Category 2 -- Redevelopment, New Buildings,
Additions, Improvements/Remodels Greater than
50% of the Value of the Existing Structure
Floodplain review fees shall consist of the floodplain use
permit fee of fifty ($50) dollars plus the following additional
fee based on the type of construction:
• Slab on Grade Construction --------------- $150
• Enclosure ----------------------------------------- $200
• Crawl Space ------------------------------------- $250
Floodplain Review Fees
8
Category 3 -- Mobile Homes, Floodproofing
Floodplain review fees shall consist of the floodplain use
permit fee of fifty ($50) dollars plus the following additional
fees:
• Mobile Home ---------------------------------------- $250
• Floodproofing -------------------------------------- $250
Floodplain Review Fees
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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9
Category 4 -- Variance Applications
The recommended variance fee is one thousand
($1,000) dollars to better reflect the average number
of hours (20) of staff review and preparation time
associated with analyzing, presenting and
documenting the variance to the Water Board.
Floodplain Review Fees
10
Category 5 -- Floodplain Analyses (City Basin,
FEMA, CLOMR/LOMR)
These require significant Staff involvement and review and are
typically associated with larger site development (new) and/or
redevelopment. There are typically two (pre-project and post-
project) submittals for each of the following submittal types. A
pre-project floodplain use permit fee (not required for post-project
submittals) of fifty ($50) dollars is proposed along with the
following additional fees (includes 1st and 2nd reviews):
· FEMA Basin CLOMR/LOMR-Fill --------------------------- $ 250
· City/FEMA No-Rise without hydraulic analysis ----- $ 250
· City/FEMA No-Rise with hydraulic analysis ----------- $ 500
· City Basin Prelim/Final Floodplain Map Revision --- $ 1,000
· FEMA Basin CLOMR/LOMR --------------------------------- $ 1,000
Floodplain Review Fees
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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11
Category 5 -- CONT’D -- Floodplain Analyses (City
Basin, FEMA, CLOMR/LOMR)
In order to promote more complete submittals and reduce the
number of floodplain analyses and CLOMR/LOMR reviews, Staff
has proposed an additional fee for resubmittals after the 2nd
review. The additional review fees for 3rd (and higher) reviews
have a base fee plus $50 per hour for reviews taking longer than
typical review pare:
Plus $50/hour for
Base Fee + Reviews > than
• FEMA Basin CLOMR/LOMR-Fill $125 3 hours
• City/FEMA No-Rise with H/A $250 5 hours
• City Basin FP Map Revision $500 10 hours
• FEMA Basin CLOMR/LOMR $500 10 hours
Floodplain Review Fees
12
The stormwater floodplain review fees were
presented for action and unanimously
approved by the Water Board it is September
19, 2013 Regular Meeting (Attachment 3).
Board/Commission Recommendation
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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13
Staff notified customers (developers, engineers,
etc.) of the proposed floodplain review fees by
postcard mailing in late October 2013.
• The postcard provides general information and refers
interested parties to a city webpage developed
specifically for the proposed floodplain review fees.
Public meetings
• Fort Collins Chamber of Commerce -------- Oct. 4th
• Fort Collins Utilities’ Key Accounts --------- Oct. 15th
Public Outreach
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Attachment14.5: Powerpoint presentation (Floodplain Permit Fees)
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ORDINANCE NO. 166, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE FEES FOR FLOODPLAIN USE PERMITS,
REVIEWS AND VARIANCES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Charter of the City of Fort Collins, Colorado, to fix, establish, maintain and provide for the
collection of such rates, fees or charges for utility services furnished by the City as will produce
revenues sufficient to pay the costs, expenses and other obligations of the stormwater utility, as
set forth therein; and
WHEREAS, the existing fees for floodplain use permits and variances were last reviewed
and adjusted in the early 1990’s; and
WHEREAS, based on research and data collected by City staff, the new and updated fee
amounts set forth herein are reasonably related to the actual cost of providing the related
floodplain services, and are intended to cover a portion of such costs; and
WHEREAS, the following adjustments to the floodplain use permit, review and variance
fees in Chapter 10 of the Code of the City of Fort Collins are to go into effect on January 1,
2014; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
10 of the City Code to reorganize and revise the fees as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby
amended to add the following definitions:
. . .
Conditional physical map revision (CPMR) shall mean a letter from FEMA officially
commenting on, but not revising, the effective Flood Insurance Rate Map, for a proposed project
that would, upon completion, affect the hydrologic or hydraulic characteristics of a flooding
source and thus result in a revision to, and republication of, one or more panels of the effective
Flood Insurance Rate Map to show changes in flood risk zones, delineations and flood elevations
of floodplains and floodways.
. . .
Final map revision shall mean a formal action by the Utilities Executive Director revising
the effective floodplain map for a City basin floodplain to show changes delineations and flood
elevations of floodplains and floodways.
Packet Pg. 275
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. . .
Section 2. That subsection (j) of Section 10-27 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 10-27. Floodplain use permit.
. . .
(j) An applicant for a floodplain use permit shall pay a permit application fee plus the
applicable review fees for the most costly of the associated analyses, as provided in § 10-
31. If the Utilities Executive Director, pursuant to this Article, requires the applicant to
furnish a floodplain modeling analysis, the applicant shall pay an additional fee of three
hundred dollars ($300.).
Section 3. That Section 10-28 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 10-28. Appeals/variance procedure.
(a) The Water Board, as established in § 2-436, shall hear and decide appeals from
decisions of the Utilities Executive Director and requests for variances from the
requirements of this Article. Any final decision of the Board may be subject to review by
the City Council.
(b) The Water Board shall hear and decide appeals when it is alleged that there is an
error in any requirement, decision or determination made by the Utilities Executive
Director in the enforcement or administration of this Article. Persons desiring to appeal a
decision of the Utilities Executive Director to the Water Board shall at the time of
making such appeal pay a docket fee in the amount of three hundred dollars ($300.)as
provided in §10-31(d). Written notice of hearing shall be given to the appellant at least
three (3) days prior to the hearing by mailing the notice to the appellant's last known
address by regular mail.
(c) Persons desiring to request a variance shall at the time of application for said variance
submit a variance application together with a floodplain use permit application, and shall
at the time of application pay the floodplain use permit feeall fees due as provided in §
10-31(a)of twenty-five dollars ($25.) and a variance processing fee in the amount of three
hundred dollars ($300.). Written notice of a variance hearing shall be given to the
applicant at least three (3) days prior to the hearing by mailing the notice to the
applicant's address, as set forth in the variance application, by regular mail.
. . .
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Section 4. That a new Section 10-31 is hereby added to the Code of the City of Fort
Collins, to read as follows:
Sec. 10-31. Floodplain permit and review fees.
(a) An applicant for a floodplain use permit or party requesting review of a submittal
pursuant to this Article shall pay at the time of submittal a floodplain use permit (FPU)
fee of fifty dollars ($50.), together with the highest associated review fee, as follows:
Permit Type/Activity Fee
Additional Fees for
Reviews
After 1st and 2nd
Reviews
(1) MINOR IMPROVEMENTS, ACCESSORY
STRUCTURES
a. Fence/Accessory Structure
FPU Fee plus
$0 Not applicable
b. Deck/Improvement or Remodel less
than 50% of existing building value
FPU Fee plus
$150 Not applicable
c. Fill or Grading Only
FPU Fee plus
$150 Not applicable
d. Change of Use
FPU Fee plus
$0 Not applicable
(2) REDEVELOPMENT, NEW BUILDINGS,
ADDITIONS, SUBSTANTIAL
IMPROVEMENTS OR REMODELS 50% OR
MORE OF THE VALUE OF THE EXISTING
STRUCTURE
a. Slab on Grade
FPU Fee plus
$150 Not applicable
b. Enclosure
FPU Fee plus
$200 Not applicable
c. Crawl Space
FPU Fee plus
$250 Not applicable
(3) MOBILE HOMES, FLOODPROOFING
a. Mobile Home
FPU Fee plus
$250 Not applicable
b. Floodproofing
FPU Fee plus
$250 Not applicable
Packet Pg. 277
- 4 -
(4) VARIANCES
a. Variance Application
FPU Fee plus
$1,000 Not applicable
(5) PRE-PROJECT FLOODPLAIN ANALYSES
a. FEMA CLOMR/CPMR
FPU Fee plus
$1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
b. City Preliminary Map Revision
FPU Fee plus
$1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
c. No-Rise Certification with Hydraulic
Analysis
FPU Fee plus
$500
$250 each review,
plus $50/hr. for each
review hour over 5
hours
d. CLOMR-Fill
FPU Fee plus
$250
$125 each review,
plus $50/hr. for each
review hour over 3
hours
e. No-Rise Certification without
Hydraulic Analysis
FPU Fee plus
$250 Not applicable
(b) Any person submitting a post-project floodplain analysis for review shall pay at the
time of submittal the applicable review fee, as follows:
Post-Project Floodplain Analysis
Fee
Additional Fees for
Reviews
After 1st and 2nd
Reviews
(1) FEMA LOMR/PMR $1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
(2) City Final Map Revision $1,000
$500 each review,
plus $50/hr. for each
review hour over 10
hours
(3) No-Rise Certification with Hydraulic
Analysis $500
$250 each review,
- 5 -
(4) LOMR-Fill $250
$125 each review,
plus $50/hr. for each
review hour over 3
hours
(5) No-Rise Certification without Hydraulic
Analysis
$250
Not applicable
(c) Additional fees due for review submittals after the second review shall be paid at the
time of submittal, except that additional charges per hour shall be due prior to the release
of review results.
(d) Any person appealing a decision of the Utilities Executive Director to the Water
Board shall at the time of making such appeal pay a docket fee in the amount of three
hundred dollars ($300.).
Section 5. That amendments set forth herein shall go into effect on January 1, 2014.
Introduced and considered favorably on first reading, and ordered published this 19th day
of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D.
2013.
______________________________
Mayor
ATTEST:
_____________________________
Deputy City Clerk
Passed and adopted on final reading on the 3rd day of December, A.D. 2013.
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 279
plus $50/hr. for each
review hour over 5
hours
Packet Pg. 278
LOMR $300 $3,600 $200 $1,595 $5,000 $5,000 $1,423
Review is outsourced to Consultant -
Applicant pays all Consultant costs X n/a
Resubmittal for 3rd Review $450 $450
Resubmittal per 4th, 5th, etc. submittal $800 $800
Review time exceeding 3 hours $150/hour $150/hr
Floodplain Determination $28 $28 1 $50
Floodplain review, tracking, and inspection
services $50/hour $50/hr
Variance Application $300 $1,400 $200 $50 $488 34 $1,700
Violation 8 $400
Floodplain Permit Fees for Colorado Local Governments
Page1
Packet Pg. 262
Attachment14.1: Floodplain Review Analysis (Floodplain Permit Fees)