Loading...
Ordinance 071Y • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 71 AN OMNIBUS ORDINANCE PROVIDING FEES FOR REVIEW AND INVESTIGATION OF CERTAIN APPLICATIONS THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. PURPOSE AND INTENT. The City has enacted a zoning ordinance and a subdivision ordinance pursuant to 9462.351 et seq. of Minnesota Statutes. The City has also enacted an ordinance regulating and providing for the licensing of signs. Said ordinances provide procedures for municipal review of various matters which are governed by said ordinances and also provide for certain application fees and processing fees to be paid to the City in connection with such applications. The fees in said ordinances are no longer sufficient to reimburse the City for the costs and expenses of reviewing and investigating such applications. The purpose of this ordinance is to establish application fees sufficient to partially defray the costs incurred by the City in the review and investigation of and actions upon applications filed in connection with the City's zoning ordinance, subdivision ordinance, sign ordinance, and in connection with petitions for vacations of streets or easements. Additionally, the purpose of this ordinance is to catalog in one convenient ordinance all of the various fees which are payable in connection with the above-described ordinances and in connection with petitions for the vacation of streets or easements. SECTION 2. 1DEFINITIONS. 2.01. Definitions. For the purpose of this ordinance the terms defined in this section have the meanings given them: 2.02. Sign Ordinance: means Chanhassen Ordinance 36, as amended, and any successor ordinance providing for the regulation and/or licensing of commercial or non-commercial signs. 2.03. Subdivision Ordinance: means Chanhassen Ordinance 33, as amended, and any successor ordinance which regulates the division of land into two or more lots or parcels of land, including but not limited to Ordinance 45. 2.04. zoning ordinance: means Chanhassen Ordinance 47, as amended, and any successor ordinance which is adopted a) pursuant to Section 462.357 of Minnesota Statutes or b) for the purpose of regulating the location, height, bulk, and size • of buildings and other structures, the percentage of a tract of land which may be occupied, the size of yards, and other open spaces, the density and distribution of population, the uses of buildings and structures, or the uses of land. 1 2.05. Planned Development: means Planned Residential • Development, Planned Unit Development, Planned Community Develop- ment or Planned Industrial Development as those terms are used in the Zoning Ordinance. SECTION 3. FEES. 3.01. Payment Required. Any person filing a petition or application requesting a street vacation, an easement vacation, an approval, a review, a permit, a variance, an ordinance amendment, or any other action under the City's sign ordinance, subdivision ordinance or zoning ordinance shall pay a fee according to the schedule established by Section 3.02 in addition to any costs which are to be reimbursed to the City pursuant to Section 4 of this Ordinance. • • 3.02. Amount. Fees payable under this section are as follows: TYPE OF APPLICATION FEE A. Zoning Ordinance. 1. Rezoning (other than a Planned Development): 2. Planned Development (including Rezoning and Subdivision): a. Sketch Plan Review: b. Preliminary Development Plan Review: C. Final Development Plan Review: d. Amendment to Final Development Plan: 3. Variance: 4. Conditional Use Permit: 5. Site Plan Design Review Pursuant to Section 9.06, 10.06, or 11.06 of the Zoning Ordinance: 6. Site Plan Design Review of Proposed Structure to be Located in Previously Approved Planned Development: 7. Ordinance Amendment: 250.00 200.00 300.00+ 15.00 per acre 200.00 300.00+ 15.00 per acre 75.00 150.00 150.00 150.00 NC 8. Amendment to Comprehensive Municipal Land Use Plan: 100.00 9. Amendment to Comprehensive Municipal Plan Text: NC EPA: B. Subdivision Ordinance. • 1. Sketch Plan Review (not including Metes and Bounds Subdivision): 200.00 2. Preliminary Plat Review: a. Applications involving creation of three (3) or fewer lots or tracts: 100.00+ 15.00 per acre and 5.00 per lot or tract to be created b. Application involving the creation of less than three (3) lots or tracts: 100.00 3. Final Plat Review: 100.00 4. Review of Subdivision by Metes and Bounds Description: 100.00 5. Consolidation of lots or tracts into larger lots or tracts: 100.00 6. Variance: 75.00 7. Vacation of Street or Easement 100.00 • 8. Ordinance Amendment: NC C. Sign Ordinance. 1. Sign Permit: 25,00 2. Ordinance Amendment: NC 3.03. Purchase of Documents. Copies of the following documents shall be available for sale to the public for the prices stated below or the actual cost of reproduction if higher: Sign Ordinance: 5.00 Subdivision Ordinance: 5.00 Zoning Ordinance: 5.00 Comprehensive Municipal Plan: 25.00 Any City Map: 5.00 3.04. No Refunds. Fees payable pursuant to this ordinance are not refundable. 3.05. Application By City. Applications filed in the public interest by the City Council or Planning Commission shall be exempt from fees. IMIM . SECTION 4. DEPOSIT AND REIMBURSEMENT OF COSTS. In addition to the fees prescribed by Section 3 of this ordinance, and prior to consideration by the City Council, Planning Commission, or any City official of any petition for street or easement vacation, or any application pursuant to the sign ordinance, the subdivision ordinance, or the zoning ordinance, or any determination relevant to the administration, applicability, or enforcement of said ordinances, the City Manager, or his designee, may require the applicant to deposit with the City funds estimated by the City Manager, or his designee, to be sufficient to fully defray all City expense in processing said application including but with out limitation to publication fees, City staff administration costs, and engineering fees, planning fees, legal fees, soil consultant's fees, and the fees of any other expert whose services are deemed by the City Manager, or his designee, to be reasonably necessary to assist in the review and investigation of said application. In the event that such costs exceed the amount of such deposit or deposits, the City may immediately suspend review of such application and the applicant shall reimburse the City for such excess within fourteen (14) days of the date of mailing of the City's notice of such excess to the applicant's address shown on the application. In the event that such deposit or deposits exceed such costs, the amount of such excess shall be refunded to the applicant or to the person who actually paid such deposit to the City. No interest shall be paid on any such refund. SECTION 5. REPEAL OF CONFLICTING ORDINANCE PROVISIONS. All portions of ordinances heretofore enacted by the City of Chanhassen conflicting or inconsistent with the application fees established by this ordinance or inconsistent with Section 4 of this ordinance are hereby repealed. SECTION 6. EFFECTIVE DATE. This ordinance is effective from and after its passage and publication. Passed by the Council this lst day of., March 1982. Attest: / a-,, Sat City Clerk/Manager Published in the Carver County Herald on the 10th day of March , 1982. -4- City of Chanhassen ...r c {low MMxnwrA VW COUNrm AXC**0. 71 �N Oft II�l 0"M_ GVft'UMNFirms rAND i+tt OF j_w or OR. 1. pURNO AND.M4i.fie ea has acted a zdning aftaace and a -dlldan ordinium pmumt,toiii ol segi Of Minnesota Staud". The pay bas w o enact�td ani ordiame regulating aad pm l ft for the Heensid of mpg, Said onr Unaum prortde 'proce*" far �d review of various :matters which Bre :gave�rned by said ardbanem and also prbvlde for ciftsin ap- Ones" fees and proof iW to be paid to the City in connection with suchappit�cations. Tile In am a� are no longer Jo rebw bund the City for the weans and �.c� rtr►i�w fasi� wt'to partiiill`y de%ty the oe�tei i>Aa�urra�i, by the City In, Me revie* and 10"dtation of.aad actions upon appheatlow filed in c0anection with the atY'sBonin g �, Vomit �, alga oerdineannce, andinei oOtrriffi peti0eos for, vacaetibns Of sheets Or e*a .Addit y, the, Farm Of this obis to angiog in one c ;;; DhAt 4141nake all Of V&A" too Wbich "are PW" in Connection the 8bov&4W& bed .or- dbuoxon and in conowtWn with petitim for the, vacatiwof otr eetiet or 4"Sawa. 9MC'1M LDS II, L4L Del40w& POr, the porpM of this ot- dinaaee the terms dethied in this section have Me meanbo given tbm: dinance 1.0, as wed, and' any suev"or, or- dfnance providing for the. r"Obtion. aa&& IiCe W ing of cOeeae meree ial or qm-c nercial ate. LK SubdIddwmax: nears Chwahassen Ordinance 33, as ameadod, and ww successor or- dinance which r"W" the &virion of land into two Or More ift er Oft WMA indeding but not limited to Oerdhwm 43: LK Zoa ft Ordwowk meaner Chanhassen Or- dinance 47, as wnod* and UV mmijupor or- e which is adO*tdd a) pint, hi %CtiM 4U= of MkKWOta Stintalev or b) for the purpose of 'regulating the location, height, baht, ad she of buildings and other atr+nctmes, tine pwca"ge of a tract Of hind whish may be oceM*d, the size a( yards, and Ott- op" spaw the dowiLy .and distribution of poptniatioa um of bWMWpmd VVW Jr nod Industrial as those ter nw,we us- ed iA to LIL pa ct 24dred. dm pmemo n * p u- tien or "WiNneet aTi 81' Or aqy other mum eat W4F :knee, sab- fee according by Sectm 3.03 in addition taw ow arse to -be rehn- burad to the t 4 of this Or- dino ncs. 3.M. low.. Feser tis sejon are Ty (W V74 *tis 1. � a Plamidd - �;; 250A Z. Plannped DiRweK{bc a. } Sicatclr Plan, Review— 00.630 b. Preliminary t*velopn Plan Review 30b. M.00 d. ow to Final Develop. 3N.ao+ - terr Affidavit of Publication Sate of Minnesota ) SS. County of Carver ) S t an Ra If S Y'U (j _ _ ---, being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed - - ___-__L e g a 1 #9107 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first so published on Wed the 10th day of March rch _ 19 -_$2nd was thereafter printed and published on every - Wednesday _ to and including the 10td'�y of March 00 IPC-- and that the following is a printed co of the lower case al habe PY p t from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedefghijklmnopgrstuvwxyz Subscribed and sworn to before me this / _ _ day of ►�11 N110111,11,111,1', CVN7-1-}IA A. NOLDU4 A40TARY PUBLIC. CARVE MINNESOTA My Corrimis•,on ExCOUNTY 28, toss Notary public, ���� ounty, Minnesota My Commission Expires C _ lg �r)Ak111982 CITY OF Ch;'' ��':''irk iJL� ; CO a `G O O O Q 71 (D a .-r 3. Variance: Woo 4:" �C*"t t Ulm Perak: .^. cre ted 5. SRe Plaa. less thab tAre+e hits to�K- LK -WA All *UM of ordumes heretofore owdid by tion Of tracts: 8 . 'Ffaol. =mat ,. Rev w: 0" d. Site Plan Design Review of Pro - -4LAt*Vte ' of $abdWIsbondinance, 17 to be Looted in are helreby repealed. Previously . Approtred Planned 08.00 SECTION I. EF EMVE DANE: This ordinance 5. Consolidate %ohs oiract 7.Ordt umbe Amendmeiht: NC 8. Amtndme@-t to Comprehensive 1 00 Mindew Land fist Plan: 100.00 9. Aaxndi>urit to Comprehensive Passed by the Council this 1st day of March, 1862. Munidow :Plan Text: NC AS 2. PreRigiftry khat Review, ,�. a`. 'APOttaftlons invlovift : 106.00+ creation' of -three (3) or fewer 15.08 lot$ or tractst s •iY 2.10rdi AI;:.r ,.._ acre CO 0 "N S. REPEAL OF CONF cTm UR- .^. cre ted DINANCE PROVE. less thab tAre+e hits All *UM of ordumes heretofore owdid by tion Of tracts: 8 . 'Ffaol. =mat ,. Rev w: 100:00 1 with the appficat%n ' fees esti "by • this o� dinance or inconsistent with Section -4 of or- -4LAt*Vte ' of $abdWIsbondinance, 17 are helreby repealed. and Sauna Deverl h: 08.00 SECTION I. EF EMVE DANE: This ordinance 5. Consolidate %ohs oiract is oifective from and after itspassage lend` puhliea- to larger lets or tri 1 00 tion. 6. Variance: Passed by the Council this 1st day of March, 1862. A V=A*4 . or Ea"KnOM ;, so. le/ Tunas L. Ifamllton Mayor ,�. , 1. Sign Pte: Doi# Ashworth , s •iY 2.10rdi AI;:.r N City�,�na�.. 3.AL +e of :­ies 9f tie (Pub. in Carver County HeraM Mefth 10, IM) following, documents. "D be avaiiab1mor sole to ' the psdAkfor-the p stldlo-- or j 60*9 coat of �u ff 5els� tltd�nelict: 5.08. , a�ithg Drdinamce - r 5:88 Pleirh: X-.0 ' . l 01006 per t to this ordinary I" >in►t refundabt8. A�din°tbe NMI 0!' Ct RM, In ad ob to-tt fess pt - ed by Section 3 of this ordnance, 844 Prior tO49in- sideration by .the Cit Co �. orany as 1 p to song�i�, , ts�0rdinwf���e rye � the s�itton, it of sad or his, &AMW, ma r"Wit ft "Ob"It' td ftwft wldh to Cft funds e8ft" by the " llife www or his des* ee, tsr be,�� to l► fray aD City Oe in is P said . Leon � but with out limit4ition to Qtib , Clty staff ad~ Ministration casts, and eOOMM ing fees, plaiuiiiag fees, legal fees, soil conokant's fees,'and tlhe es of any other `expert *how services are deemo d by the City Manager, or his designee, to be resew ably ' necessary to assist in the review and invatigation cow ty n>►Yuspendr"few of + ap- f6nr cation and ow app$Casd shall reieWmve de City ' such escess within fourteen (14) dlsot"date" ' ti mailft of the Clty's thdice of such a scess tdV* aftlicant's address ft m on the application. Info event that suetdepoxtts exceed mA coM, the amourrl� ar a sb&be to the applicant or to the person who actoplly paid such deposit to the City. No 'm- 1 shall be paid ori any such refund. O n