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Home My WebLink About166 - 12/03/2013 - AMENDING CHAPTER 10 OF THE CITY CODE TO REVISE FEES FOR FLOODPLAIN USE PERMITS, REVIEWS AND VARIANCE 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. _ 1 _ Section 2. That subsection 0) 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. 0) 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. 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 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 all fees due as provided in § 10-31(a). 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. 2 Section 4. That a new Section. 10-31 is hereby added to the Code of the City of Fort Collins, to read as follows: See. 10-31. F000dplain 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: Additional Fees for Reviews After 1st and 2nd Permit Type/Activity Fee Reviews (1) MINOR IMPROVEMENTS, ACCESSORY STRUCTURES FPU Fee plus a. Fence/Accessory Structure $0 Not applicable b. Deck/Improvement or Remodel less FPU Fee plus than 50% of existing building value $150 Not applicable FPU Fee plus c. Fill or Grading Only $150 Not applicable FPU Fee plus d. Change of Use $0 Not applicable (2) REDEVELOPMENT, NEW BUILDINGS, ADDITIONS, SUBSTANTIAL IMPROVEMENTS OR REMODELS 50% OR MORE OF THE VALUE OF THE EXISTING STRUCTURE FPU Fee plus a. Slab on Grade $150 Not applicable FPU Fee plus b. Enclosure $200 Not applicable FPU Fee plus c. Crawl Space $250 Not applicable (3) MOBILE HOMES, FLOODPROOFING FPU Fee plus a. Mobile Home $250 Not applicable FPU Fee plus b. Floodproofing $250 Not applicable 3 (4) VARIANCES FPU Fee plus a. Variance Application $1,000 Not applicable (5) PRE-PROJECT FLOODPLAIN ANALYSES $500 each review, plus $50/hr. for each FPU Fee plus review hour over 10 tea. FEMA CLOMR/CPMR $1,000 hours $500 each review, plus $50/hr. for each FPU Fee plus review hour over 10 b. City Preliminary Map Revision $1,000 hours $250 each review, plus $50/hr. for each c. No-Rise Certification with Hydraulic FPU Fee plus review hour over 5 Analysis $500 hours $125 each review, plus $50/hr. for each FPU Fee plus review hour over 3 d. CLOMR-Fill $250 hours e. No-Rise Certification without FPU Fee plus Hydraulic Analysis $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: Additional Fees for Reviews After 1st and 2nd Post-Project Foodplain Analysis Fee Reviews $500 each review, plus $50/hr. for each review hour over 10 (1) FEMA LOMR/PMR $1,000 hours $500 each review, plus $50/hr. for each review hour over 10 (2) City Final Map Revision $1,000 hours $250 each review, plus $50/hr. for each (3) No-Rise Certification with Hydraulic review hour over 5 Analysis $500 hours 4 $125 each review, plus $50/hr. for each review hour over 3 (4) LOMR-Fill $250 hours (5) No-Rise Certification without Hydraulic $250 Analysis 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. y i > IIJ� ti�.c�— T Cp��/ M'a or ATT % Dep. CO ORP Passed and adopted on final reading on the 3rd day of December, A.D. 2013. r'tTY OF Ma or ATTEST: :d1.'� o City Clerk `+40"•" 5 -