HomeMy WebLinkAboutZ-351 Amend DOCS Filing Fees Sponsor: Councilor Bob Battreall
Ordinance No. Z ~-j5 /
AN ORDINANCE TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
CONCERNING THE FILING FEES TO BE COLLECTED
BY THE DEPARTMENT OF COMMUNITY SERVICES
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC
36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must
first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") was
approved and recommended by the Cannel Clay Plan Commission on August 20, 1996, and duly
approved by resolution of the Common Council on September 24, 1996, and is therefore the
official Comprehensive Plan of the City of Carreel and Clay Township; and
WHEREAS, the Comprehensive Plan envisions that the Department of Community Services
should be substantially financed not by the ta~xpayers of the community but by the revenue
generated by reasonable filing fees charged to landowners and developers who wish to make
zoning changes and/or construct structures on their property;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after having a received a favorable
recommendation from the Carmel Clay Plan Commission, it hereby adopts this Ordinance to
amend Section 29.6 CFiling Fees") of the Carmel/Clay Zoning Ordinance Z-289, as amended, to
read as follows:
29.6
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 29: ADMINISTRATION
Filing Fees
Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the
filing fees hereinafter specified, and shall be paid to the City of Carmel and collected by the Deparm~ent of
Community Services. On or before December 31 of each year, the Director shall determine if
there has been an increase in the Consumer Price Index (United States city average)
prepared by the United States Department of Labor, by comparing the arithmetic mean of
the Index for July, August, and September of the current year with the same three-month
period of the preceding year. If there has been an increase, the increase shall be stated as
a percentage of the arithmetic mean for the three-month period for the year preceding the
current year (the Adjustment Percentage). The Adjustment Percentage shall be rounded to
the nearest one-tenth of one percent and may not exceed four percent, unless otherwise
provided by ordinance. Whenever the Director determines that there has been an increase,
the Director may make a corresponding adjustment to the filing and inspection fees
(including late fees) that are assessed under this Chapter 29.6, in order to recoup
increases in personnel and administrative costs within the Department. However, the
adjustment may not be greater than the Adjustment Percentage determined under this
paragraph. The adjusted fees as determined by the Director under this paragraph take
effect on January 1 of the succeeding year.
29,6.1
Filing Fees (as amended per Z-305)
1. PrimaW Plat
2. Amended Plat or Replat
(Primary, Secondary or Plat
Vacation)
3. Secondary Plat
4. Zoning Ordinance Amendment
(text or map/rezone)
$590.00 plus $25.00 $700.00 plus $35.00
per lot per lot
$560.00
$599.99 $700.00
$500-,00 plus $2~00 p~racrs$700.00 plus
$35.00 per acre
5. Developmental Standards Variance
6. Use Variance/Special Exception
7. Subdivision Regulations Waiver
8. Special Use & Special Use Amend
9. Development Plan
10. Amended Development Plan
11. Appeal
12. Architectural Design, Lighting, and
Sign Approval
$450,00 pluc $50~005630.00 plus $70.00 for
each additional variance request
$750.9051050.00
$450-,00 plug $50,,00 $630.00 plus $70.00fur
each additional witver request
$ n. 5 O .905630.00
$500-,00 plus $25,00 $700.00 plus $35.00per
acre
$450.095630.00
$0.00
$500.095700.00 (plus $25.99535.00 per
acre when not accompanied by a
Development Plan)
13. AmendedADLS $259.09 $350.00
Add: 14. Horizontal Property Regime Review
$1000 plus $75.00 per lot
Add: 15 Commitment Amendment
$800 per commitment
29.6.2. Improvement Location Pernit Fees (filing, inspection fees, and Certificate of Occupancy (C/O)
are required on all new construction.)
Industrial, Institutional, and
Commercial: Structures, additions
and accessory buildings (including
public buildings and private schools)
$250&0 plus $0,105350.00 plus $0.15
per gross sq. ft., includes base
inspections 1, 2, 3, 4 and 5.
2. Single-family
$250,110 plus $0~06 $350.00 plus $0.10per
sq. It. over 1600 sq. ft. of total floor
area, includes base inspections 1, 2, 3,
4 and 5.
3. Two-family dwelling
$250-1)0 plus $0-,06 $350.00 plus $0.10per
sq. ft. over 2500 sq. it. of total floor
area, includes base inspections 1, 2, 3,
4 and5.
Multi-family dwelling (of any
construction type or ownership
classification)
OO.0.a $140.00per unit, plus applicable
inspection fees 1, 2, 3, 4 and 5.
Dwelling Additions:
(a.) Up to 3 rooms total; attached
garage or carport, enclosed porch
(b.) Greater than 3 rooms
$25,00 plus $0-~2535.00 plus $0.05 per
sq. ft., plus applicable inspection fees
1,2,3,4and5.
$25,00 plus $0-~ $35.00 plus $0.05per
sq. ft., plus applicable inspection fees
1,2,3,4and5.
6. Detached garage or carport up to two
(2) spaces
$25.99 $35.00 plus applicable inspection
fees 1,2,3,4and5.
Residential accessory buildings or
structures with or without permanent
foundations (excluding all
residential accessory buildings
under 120 sq. ft., farm buildings
under 400 sq. ft., and Single Family
Residential pools)
$25,00 plus $0-,02 $35.00 plus $0.05per
sq. ft. over 500 sq. It. of total floor
area, plus applicable inspection fees 1,
2, 3 and 4.
8. Mobile Home Parks
00.99 $140.00 for administrative and
service building with up to ten (10)
mobile home spaces, then $
$15.00 per mobile home space,
9. Mobile Homes (manufactured homes
under 750 sq.ft.)
$29.99 $30.00 for mobile homes placed
upon permanent foundations other than
in a mobile home park, plus applicable
inspection fees 1,2,3,4 and 5.
10. Structural Modification: (Exterior or
Interior Remodeling)
(a.) Residential
(b.) Commercial, Industrial &
Institutional
$25.09535.00, plus applicable inspection
fees 3 and 4.
$25.995255.00, plus $.0~. $.06 per sq/ft/
and applicable impection fees 3 and 4.
(c.) Moving or changing
location of building or structure (except
mobile homes and other building with
non-permanent foundations)
11. Swimming Pool: Single-family
residential. (Excluding portable pools 2 It
9 inches in depth or less)
12. Roadside sales business and tents,
temporary structures (six (6) month
temporary permit, includes one (1)
temporary sign with 32 sq. It. area
maximum)
13. All Inspections and Re-Inspections
(refer to e):/No C/O required.
(a.) Residential (single and two
(2) family)
(b.) Commercial and Industrial
$25.90530.00, plus inspection fees.
$!99.O05140.00plus $.02 $.05 per sq. It.
oftutal pool area plus patio area, plus
applicable inspection fees 1,4 and 5.
$50.90570.00, plus applicable inspection
fees 2 and 4.
$35.00 $50.00per inspection,
$65.00 $90.00 per inspection.
29.6.3 Sign Fees
1. Sign permit application
2. Sign installation - Improvement
permit
$25.Q0535.00
$20,00 $28.00 per sign face plus
$1.50 per sq. It. over 32 sq. It.
29.6.4 Certificate of Occupancy Fees
1. Residential
2. Industrial, Commercial and
Institutional Buildings
$21.00per dwelling unit.
$42.00 per leased section.
29.6.5 Demolition Permit Fees
Demolition or removal of buildings or
structures
$59.00 $70.00for the first building or
structure plus $25.00 $35.00 for each
additional building or structure.
29.6.6 Inspections (Additional)
1.
Footing and underslab plumbing:
(a.) Residential ,e35._a9 $S0.00per inspection.
(b.) Commercial/Industrial $65.90 $90.00 per inspection.
Electrical - New meter base, meter base reloeation, and panel upgrades.
(a.) Residential $35.90 550.00 per inspection.
(b.) Commercial/Industrial $~5.99 $90.00 per inspection.
Rough-in (electrical, plumbing, heating and air conditioWmg):
(a.) Residential $35.90 $50.00 per inspection.
(b.) Commercial/Industrial $~5.g9 590.00 per inspection.
4. Final structure:
(a.) Residential
(b.) CommerciaFIndusUial
5. Final site:
(a.) Residential
(b.) Commercial/Industrial
6. All Other Inspections:
(a.) Residential
(b.) Commercial/Industrial
ADD: 7. Duplicate Permit Placards
$25.09 $50.00 per inspection.
$~5.99 $90.00 per inspection.
$35.99 $50.00 per inspection.
$65.99 $90.00 per inspection.
$35.99 $50.00 per inspection.
$65.99 $90.00 per inspection.
$10.00 each
29.6.7 Late Fees for Permits
Late fees shall be assessed for new construction started or under way prior to obtaining required
permits, inspections, and Certificates of Occupancy:
1. Single-family
2. Multi-family
3. Commercial
Normal Fee + $!99.09 $200.00 late fee.
Normal Fee + $!90.9'2. $200.00 late fee.
Normal Fee + $! _a_a.09 $200,00 late fee.
Industrial
All Other (including signs, pools,
accessory builcrmgs, porches, room
additions, barns, or storage buildings,
etc.)
Normal Fee + $!99.09 $200.00 late fee.
$50.00 $75.00 late fee wittfm five (5) days
after official notice of the violation
from the Dept. of Cormmunity
Services. The fee will be increased by
$5.00 per day as long as the violation
continues, up to, but not to exceed
$2500.00.
29.6.8 Late Fees on Inspections
Late fees shall be assessed after the applicant has received one official notice from the Department
of Community Services of a violation in the following fashion:
2na time 3rd time 4th time +
1. Single-family 5!99.99 $259.90 $599.99
$140.00 $350.00 $700.00
2. Multifamily $~99.99 5259.99 $599.99
$140.00 $350.00 $700.00
3. Commercial 5!99.99 5250.09 $599.99
$140.00 $350.00 $700.00
4. Industrial $100.99 $259.00 5590.00
$140.00 $350.00 $700.00
5, Other $59.90 $!99.00 $259.99
$70.00 $140.00 $350.00
Adthtional permits will not be issued by the Department of Community Services to any individual,
furre, or corporation until all previously required permits, inspections and Certificates of
Occupancy have been issued and all fees paid. ADD: If after three years, an applicant has not
incurred any violations as described in 29.6.7 and 29.6.8 above, said applicant will be moved
to "First Time Violator" status.
29.6.9 Sub-Contractors License Fees
Mechanical
Electrical
Plumbing
$25.09 $35.00 per application.
525.00 $35.00 per application.
525.90 $35.00 per application.
29.6.10 Exemptions from Fees
The listed fees are waived for all City of Carmel and Carreel/Clay School System buildings or
facilities, except for inspection fees.
John K e~
Ronald E. Carlet
PASSED by the ommon Co il of the City of Carmel, Indiana this ff__'/g~ay of
2000, by a vote of ~ ayes and u~ nays. '
N.LT Rund~Com~Council
Robert Battreall
~Wayne ~
Presented ~y me to the Mayor of the City of Carmel, Indiana, this
2000, at ~clock. '
Diana L. Cordray, IAMC, Clerk-~j/~surer
day of ~'/~
Approved by me, Mayor of the City of Carreel, Indiana, this day of
,2000.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Stephen C. Engelking
Director
City ot5 Carmel
DEPT. OF COMMUNITY SERVICES
October 17, 2000
Memorandum
TO:
FROM:
Members, Carmel Common Council
Mayor Brainard
Clerk Treasurer
Stev~,L~n~;~k'~
Filing Fees-Ordinance No. Z-351
At the meef~ng of the Common Council of October 2, 2000, there was a question raised
as to the process necessary to be followed if the Director of the Department of
Community Services were to increase fees annually based on the Consumer Price Index.
Currently, the proposed legislation has new language that articulates the process
necessary to be followed to affect such change. The specific question asked was if there
would be a need for any future year increase to again go through the process of Plan
Commission review and advisory opinion, then to the Council for enactment.
As stated by me at the podium on the night of the meeting, I would seek an opinion from
the Planning and Zoning Attorney, John Molitor, on this matter. Attached please find his
opinion rendered on October 4, 2000. His opinion is that the language is sufficient to
cause this not to come before any appointed or elected body when changes occur based
on the Consumer Price Index, and when the Director executes the changes in the manner
envisioned in the language of the ordinance.
This then responds to the matter at hand, and clears the way for this matter to be heard as
Old Business on the November 6, 2000 agenda of the Common Council. I respectfully
request your consideration of this matter and favorable action. Thank you for your
consideration.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
Molitor, Grisham & Hester, P.A.
Attorneys Not In Partnership
John R. Molitor
Debra M. Grisham*
Judy G. Hester*
*Also licensed in Illinois
MEMORANDUM
DOGS
TO: Members, Carmel Common Council
FROM: John R. Molitor
DATE: October 4, 2000
RE: Adjustment of Filing Fees by Department of Community Services (DOCS)
Steve Engelking, DOCS Director, asked me to re-examine the adjustment provimon in the fee
update ordinance that is currently pending before you. There was a question whether the fee
schedule itself needs to be in the City Code, along with whether the Director can adjust the fees
from time to time without the review and approval of the Plan Commission and the Council.
In my opinion, the best practice for a community is for the Plan Commission to establish the fee
schedule and to then have that schedule approved by ordinance of the legislative body. This
practice conforms with both the Planning and Zoning Law (indiana Code §36-7-4-411: plan
commission may establish reasonable fees) as well as the Home Rule Law (indiana Code §36-1-
3-8: license fees, service charges and user fees must be reasonably related to administrative
costs or reasonable and just rates). When the fee schedule is approved by ordinance, state law
requires that the ordinance be codified (indiana Code §36~1-5-3). While it would be lawful for you
to incorporate material by reference into your City Code (Indiana Code §36-1-5-4), case law
indicates that you can incorporate only material that is in existence at the time of passage of the
ordinance. it would not be lawful to attempt to incorporate future changes (those not yet published
or in existence) into your Code.
Based on the above, my recommendation has been that the Council approve an initial fee
schedule and include only that initial schedule in your City Code. in my opinion, it will then be a
lawful delegation of authority under the Home Rule Law for you to authorize the Director to make
annual adjustments to the codified schedule, so long as the process for making the adjustments
(a) is clearly spelled out in the Code, (b) is strictly followed by the Director, and (c) results in a fee
schedule that is reasonably related to the administrative costs incurred in running DOCS, the Plan
Commission and the Board of Zoning Appeals. It will not be necessary for the Code to be updated
each year to include the adjusted schedule, so long as the adjusted schedule is reasonably
available to the public through DOCS or the City's web site.
CC:
Steve Engelking, DOCS Director
Douglas Haney, City Attorney
11711 North Meridian Slreet · Suite 200 · Carrnel, 1N 46032
(317) 843~5511 · Fax (317) 843-5514
johnrmolitor@prodigy.net · debragrishaml@prodigy.net · hester4586@aol.cora
CERTIFICATION OF PLAN COMMISSION'S
RECOMMENDATION ON
AMENDMENTS TO THE ZONING
ORDINANCE FOR THE CITY OF CARMEL
AND CLAY TOWNSHW
REGARDING SECTION 29.6 "FILING FEES"
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-351
TO:
The Honorable Common council
of the City of C armel
Hamilton County, Indiana
Dare Members:
The Carmel/Clay Plan Commission offers you the following report on the amendment to
the Zoning Ordinance, (copy attached) pursuant to a Resolution by the Common Council
of the City of Carmel, Indiana, regarding Section 29.6 "Filing Fees."
The Carmel/Clay Plan Commission's recommendation on the Amendment is
FAVORABLE.
At its regularly scheduled meeting of September 19, 2000, the Carmel/Clay Plan
Commission approved the requested Amendment to the Zoning Ordinance by a vote of
12 in favor, 1 opposed (Bob Modisett.)
~aHancock, Secretary
Dated: September 20, 2000
avid . r means, re~
RECEIVED
2 0 ?nnn
CARMEL CLERK
TREASURER
NOTICE TO TAXPAYERS
CARMEL, INDIANA
OF PUBLIC HEARING
TO AMEND THE ZONING ORDINANCE
SECTION 29.6 FILING FEES
PURSUANT TO IC 36-7-4-605
ORDINANCE No. Z-351
Notice is hereby given to the taxpayers of the City of Carmel, Hamilton County,
Indiana, that the proper legal officers of the City of Carreel will meet at their regular
meeting place, Carreel City Hall, One Civic Square, Council Chambers, 7:00 PM on the
2~a day of October, 2000, to consider the following:
Amending the Zoning Ordinance, Section 29 6 Filing Fees
Copies of the Ordinance Amendment are on file at the Department of Community
Services Office and the Clerk-Treasurer's Office, One Civic Square, Carmel,
Indiana, and available for public inspection.
Taxpayers appearing at the meeting shall have the right to be heard.
Diana L. Cordray,
Clerk-Treasurer
City of Carreel
September 20, 2000
CERTIFICATION OF CARMEL/CLAY
PLAN COMMISSION'S
Stephen C. Engelking
Director
October 2, 2000
City of Carmel
DEPT. OF COMMUNITY SERVICES
TO:
Members of the Common Council
FROM:
Stephen C. Engelking, Director, DOCS
RE: Public Hearing Agenda Item 11 .c, First Reading of Ordinance No. Z-351
Councilor Battreall will offer in amendment to the above referenced agenda item, the
attached. The highlighted language was directed by your previous Resolution and is very
important to the continuing effectiveness of the Fee Structure in the future. It was
inadvertently omitted from the document certified to you for your consideration.
Thank you for your consideration of this amendment.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
29.6
Filing Fees.
Applications and petitions filed pursuant to the provisions of this ordinance shall be
accompanied by the filing fees hereinafter specified, and shall be paid to the City of
Carreel and collected by the Department of Community Development Services.
On or before December 31 of each year, the Director shall determine if there has
been an increase in the Consumer Price Index (United States city average) prepared
by the United States Department of Labor, by comparing the arithmetic mean of the
Index for July, August, and September of the current year with the same three-
month period of the preceding year. If there has been an increase, the increase shall
be stated as a percentage of the arithmetic mean for the three-month period for the
year preceding the current year (the Adjustment Percentage). The Adjustment
Percentage shall be rounded to the nearest one-tenth of one percent and may not
exceed four percent, unless otherwise provided by ordinance. Whenever the
Director determines that there has been an increase, the Director may make a
corresponding adjustment to the filing and inspection fees (including late fees) that
are assessed nnder this Chapter 29.6, in order to recoup increases in personnel and
administrative costs within the Department. However, the adjustment may not be
greater than the Adjustment Percentage determined under this paragraph. The
adjusted fees as determined by the Director under this paragraph take effect on
January 1 of the succeeding year.
Molitor, Grisham & Hester, P.A.
Attorneys Not In Partnership
John R. Molitor
Debra M. Grisham*
Judy G. Hester*
*Also licensed in Illinois
MEMORANDUM
TO: Members, Carmel Common Council
FROM: John R. lvlolitor ~ ~/?&__r~ ,--__
DATE: October 4, 2000
RE: Adjustment of Filing Fees by Department of Community Services (DOGS)
Steve Engelking, DOCS Director, asked me to re-examine the adjustment provision in the fee
update ordinance that is currently pending before you. There was a question whether the fee
scheju~e it~i~l.f n~,:::s to b:: i, ~ the !7;5:~ C'Y,!e, a~oncj ,N:th v,[ ;a:!~cr ',::: D!: .'.':tot can adj,jst the ~e~s
from time to time witl~out the review and approval of the Plan Commission and the Council.
In my opinion, the best practice for a community is for the Plan Commission to establish the fee
practice conforms with both the Planning and Zoning Law (Indiana Code §36-7-4-411: plan
commission may establish reasonable fees) as well as the Home Rule Law (Indiana Code §36-1-
3-8: license fees, service charges and user fees must be reasonably related to administrative
costs or reasonable and just rates). When the fee schedule is approved by ordinance, state law
requires that the ordinance be codi~ed {Indiana Code §36-1-5-3). While it would be lawful for you
to incorporate material by reference into your City Code (Indiana Code §36-1-5-4), case law
indicates that you can incorporate only material that is in existence at the time of passage of the
ordinance. It would not be lawful to attempt to incorporate future changes (those not yet published
or in existence) into your Code.
Based on the above, my recommendation has been that the Council approve an initial fee
schedule and include only that initial schedule in your City Code. In my opinion, it will then be a
lawful delegation of authority under the Home Rule Law for you to authorize the Director to make
annual adjustments to the codified schedule, so long as the process for making the adjustments
(a) is clearly spelled out in the Code, (b) is strictly followed by the Director, and {c) results in a fee
scheddle that is reasonably re~ated to the administrative costs incurred in running DOGS, the Plan
Commission and the Board of Zoning Appeals. It will not be necessary for the Code to be updated
each year to include the adjusted schedu(e, so long as the adjusted schedule is reasonably
available to the public through DOCS or the City's web site.
CC:
Steve Engelking, DOGS Director
Douglas Haney, City Attorney
117l 1 North Meridian Street · Suite 200 · Carmel, IN 4G032
(317) 843-SSll ~, Fax (317) 843-SS14
johnrmolitor@prodigy.net · debragrisham 1 @prodig ~'.net, hester4 S86@aol .corn