ORDINANCE NO. 080903
Amending Chapter 63, Code of
Ordinances, by repealing Section 63-34, Application, review process and
issuance of permit upon payment of fees, and enacting in lieu a new section of
like number and subject matter.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 63, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 63-34, Application, review process and issuance of
permit upon payment of fees, and enacting in lieu a new section of like number
and subject matter, to read as follows:
Sec. 63-34. Application,
review process and issuance of permit upon payment of
fees.
(a) Application
and review process: Any person requesting a site disturbance permit must
submit an application to the director. The applicable fees pursuant this
section shall be paid at the time of filing for review, resubmittal, and permit
issuance. After review of an application, the director shall notify the
applicant of such further action and reviews as necessary. If an application is
approved, the applicant may procure the required permit for the Work within 365
days. If the required permit for the Work has not been procured, then the
approval of the application shall be null and void, provided that the director
may waive re-application for Plan review or may extend the time for action by
the applicant for a period not to exceed 180 days upon request by the applicant
if the director determines that there exist circumstances beyond the control of
the applicant preventing procurement of the permit for the Work. Not more than
one extension shall be allowed. Thereafter, a new application and new fee shall
be required. Plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the director.
An applicant
shall submit a Plan to the director for QCR and certify that all of the
necessary Erosion and Sediment Control Plan components are contained in the
Plan as required by the site disturbance submittal checklist. If as certified,
all of the Plan components have been submitted, but the submittal fails QCR for
other omissions or deficiencies not set out in the checklist, no additional fee
will be charged for subsequent QCR submissions by the applicant, if any,
required by the director. If any QCR determines that Plan does not contain all
of the components certified by the applicant, then the applicant shall pay the city
an additional fee of $63.00 for each subsequent submittal for QCR made
necessary by applicants failure to satisfactorily cure the deficiencies.
If the Plan
passes QCR, then the Plan shall be submitted for technical review of the Plans
and applicant shall pay the initial technical Plan review fee in an amount
equal to $73.00 per acre of disturbed area. If after the initial technical
review the director determines that there are technical deficiencies in the
Plan, the director shall notify applicant of the deficiencies and offer RCR
services, and applicant may resubmit the Plan for a second technical review
without an additional review fee. Prior to a second technical review the
applicant shall submit a revised Plan for QCR and certify that all of the
necessary Plan components, additions, or changes previously noted by the
director are contained in the Plan. If any QCR determines that Plan does not
contain all of the revised components certified by the applicant, then the
applicant shall pay the city an additional fee of $63.00 for each subsequent
QCR made necessary by applicants failure satisfactorily cure the QCR
deficiencies. On second technical review and all technical reviews thereafter,
if the director determines that the applicant has failed to satisfactorily cure
the technical deficiencies previously noted on prior technical reviews, then
the applicant shall pay the city an additional resubmittal technical review fee
in an amount equal to 0.25% 28% of the initial technical review
fee for each subsequent technical review made necessary by applicants failure
to satisfactorily cure such deficiencies.
If after the
technical review the director determines that the Plan application is in
substantial compliance with city's regulations and adopted standards, the
director shall notify applicant of application approval for permit issuance.
The applicant shall pay the permitting fee in an amount equal to $162.00 per
acre of disturbed area and such other fees as set forth herein, and procure the
required permit as provide herein. The determination that the Plan is in
compliance with city regulations does not imply that the city is guaranteeing
specific outcomes nor is the city accepting any responsibility for the Plan.
The application
shall be submitted on a form promulgated by the director and shall include the
names, addresses, and telephone numbers of the developer/owner of the property,
the applicant and lead contact, the contractors or subcontractors actually performing
the land disturbing activity and their respective tasks, the engineer
responsible for the preparation of the site map and grading plan, and the
engineer responsible for preparation of the erosion and sediment control plan.
In addition to the application form, the person shall submit the following
items:
(1) a site map and clearing and grading plan that is in
compliance;
(2) an erosion and sediment control plan that is in compliance;
(3) work schedule;
(4) site disturbance permit fees; and
(5) security for performance of work, if required.
(b) Issuance
of permit upon payment of fees: As a condition for issuance of a site
disturbance permit, the applicant shall pay a basic Plan fee in an amount equal
to $235.00 per acre of disturbed area, and such other fees as set forth herein
or as required, to defray the cost of Plan review services, quality control
review (QCR) services, review comment resolution (RCR) services, resubmittal
review services, permitting services, supervision, and inspection services. The
basic Plan fee shall be composed of both an initial technical Plan review fee
for Plan review services, (QCR) services, and (RCR) services in an amount equal
to $73.00 per acre of disturbed area to cover the cost of Plan review services,
quality control review (QCR) services, review comment resolution (RCR)
services, re-submittal review services, permitting services and $162.00 per
acre of disturbed area to defray the cost of supervision, and inspection
services. In no case shall the basic Plan fee be less than $300.00. The minimum
inspection fee shall also be adjusted by a factor to account for the duration
of the permit. The fact shall be individually calculated based on staff
estimates for each permit duration requested. The following formula shall be
utilized in computing the factor: (Requested Duration divided by the product of
0.75 months times the disturbed area in acres). The computed factor shall never
be less than 1.
(c) Supplementary
fees. The fee for a supplementary review of site disturbance to cover any
additional area or scope not included in the original permit shall be the
difference between the fee paid for the original application or permit and the
fee, which would have been required, had the original application or permit
included the entire area or scope of the Work. The minimum supplemental site
disturbance fee assessed shall be $300.00.
(d) Optional
preliminary code review design meetings or consultation services. When
requested by the applicant, meetings may be conducted to review the
requirements and/or codes pertaining to the applicants project and a fee shall
be assessed at the time of the meeting based on the area of the project as
follows:
(1) Total
project area less than or equal to 3 acres ..no fee
(2) Total
project area greater than 3 acres and less than or equal to 10 acres$67.00
(3) Total
project area greater than 10 acres and less than or equal to 15 acres...$131.00
(4) Total
project area greater than 15 acres..$198.00
These fees shall
be in addition to any other fees required.
(e) Priority
Project review fee. When priority status is requested by the applicant, a
fee of 2 times the review fee shall be assessed. Eligibility for priority
status shall be determined by the director, or directors designate, based on
the complexity of the project and availability of staff to perform the review.
This fee shall be in addition to any other fees required.
(f) Changes
to Reviewed Plans. Review of such changes shall be assessed a fee at the
time of the review based on the scope of the review as follows:
(1) Minor
changes requiring limited review..$48.00
(2) Major
changes requiring review of design elements.1/2 of basic plan fee
The director of
designee shall have the authority to determine the extent of the changes
requested and the fee which shall apply. This fee shall be in addition to any
other fees required.
(g) Permit
extension fee. Applicant may request an extension of a permit issued and
pay a fee sufficient to cover the additional administrative and inspection
costs associated with the extension. Extension fees shall be individually
calculated based on staff estimates for each permit extension requested.
(h) Enforcement
fees. When enforcement actions are necessary above normal notification of
deficiencies, a fee shall be assessed to cover the additional administrative,
review and inspection costs of enforcement actions. Enforcement fees shall be
individually calculated based on staff estimates of additional costs for
records management, research and enforcement action outside of normal
inspection and review duties. This fee shall be in addition to any other fees
required and paid, court finds imposed and paid, court costs or any other
related expenses.
(i) Commencement
of work without permit. Whenever any work for which a permit is
required by this section has commenced without first obtaining a permit, an
investigation may be made before a permit is issued for such work and all fees
specified for obtaining such permit shall be tripled. In addition, the
permittee shall file a bond conditioned to protect and save harmless the city
from all claims for damage or injury or death to other persons by reason of
such construction work, as specified in Section 64-4(g) of Chapter 64. This
provision shall not be construed as permission to begin work without the
required permit.
(j) Payment
of fees. All fees shall be rounded off to the next whole dollar amount.
Fees may be waived at the discretion of the director during times of declared
emergency.
(k) Fee
refunds. For fees specified in this section, if no portion of the
application for Plan review or permit inspection has commenced, the applicant
may request in writing that the application be canceled. The applicant shall
then be entitled to a refund of 90 percent of the applicable fee actually paid,
except that a full refund will be made when the fee was paid or collected in
error. If Plan reviews or permit inspections have commenced prior to receipt of
a written request for cancellation of the application for a site disturbance,
then a refund will not be made. No refund will be made if a request for a
refund has been made more than 30 days after the site disturbance has expired
and no Work has commenced.
(l) Adjustment
of fees. The city manager shall have the authority to adjust the fees
listed above to reflect the change in the consumer price index (all items/all
urban consumers/Kansas City, Missouri/Kansas) published by the United States
Department of Labor, Bureau of Labor Statistics. The costs of processing the
site disturbance permit must be increased by the CPI Index indicated above. The
adjustments, if any, shall be made annually by the city manager in conjunction
with the adoption of the annual budget of the city by filing a notice with the
city clerk. Notwithstanding anything herein to the contrary, the council may
modify or waive the imposition of the fees established herein if the council
determines that it is in the public interest to do so.
_____________________________________________
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant City Attorney