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ORD 1049 02/26/2013 Or Ci ickpOw,,,.„egy�. &0 . C.)kr j ,r s0 * - z * Te x AS "City of Choice" ORDINANCE NO. 1049 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, ADOPTING THE CITY OF CIBOLO COMMUNITY DEVELOPMENT FEE SCHEDULE; PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo has duly adopted Ordinance No. 1048, referred to as the City of Cibolo Unified Development Code,which requires certain permitting and procedural steps; and WHEREAS, the City has estimated the cost to the community to meet the permitting and procedural steps required in Ordinance No. 1048 ; and WHEREAS, the City has instituted new development processes and procedures implementing the permitting and procedural steps required Unified Development Code duly adopted by Ordinance No. 1048; and WHEREAS, the City Council has considered the merits of this Ordinance and has determined that this Ordinance is necessary to protect the health, safety, morals, and welfare of the community. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS... SECTION 1. REPEAL AND ADOPTION (a) The following enacted section of the City of Cibolo Code of Ordinances is hereby repealed: Appendix"C"Community Development Fee Schedule. (b) City of Cibolo Code of Ordinances Appendix "C", "Community Development Fee Schedule" shall read as follows in attached"Exhibit A." (c) All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same is in conflict with the provisions hereof SECTION 2. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shill not affect the validity of the remaining portions of this ordinance; and SECTION 3. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinances affecting land development, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. EFFECTIVE DATE That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas, and the publication of the fees twice in the newspaper of record. PASSED AND APPROVED ON this, the 2 6 th day of , 2013. Ilk � /l/Yl-614/' f s Je , fer H. fly an —_ Mayor " ` Attest: Peggy Cimics City Secretary 2 EXHIBIT A CITY OF CIBOLO SCHEDULE OF COMMUNITY DEVELOPMENT FEES • APPLICATION TYPE RELATED FEES Voluntary Annexation None None *Applicants shall be responsible-for cost of publication in newspaper for voluntary annexation and associated permanent zoning. Zoning Change&Conditional Use Permit 0 to 2 acres $750+$25/acre 2+to 5 acres $1,000+$25/acre 5+to 20 acres $1,500+$25/acre 20+to 50 acres $2,000+$20/acre 50+to 100 acres $3,000+$20/acre :1.00+acres $4,000+$15/acre Planned Development As above+$1,200 Themaximum zoning & CUP fee shall not exceed $7,500, excluding any additional fees for any other application listed herein. Site Plan/Staff Appeals/Master Sign Any Site Plan 0-2 acres $750+$15/DU or$50/acre Program/Trees Deferral and Removal Permits All other Site.Plans $1,200 + $15/DU or $50/acre, with a maximum fee of$5,000, excluding additional fees for any item listed in this section below. Appeal of Denied Site Plan to Additional$1,000.00 - the P&Z Commission Appeal of Administrative Decision Additional$1,000.00 Master Sign Program $1,000.00 Tree Deferral $500.00 Tree Removal Permit $50.00 Tree Affidavit $50.00 3 Zoning Variance(or any other Board of Pre-development $500 each variance Adjustment application) Applicant is also responsible for the cost Post-development $1,500 each variance of publication and the mailing of public notice by certified mail for any zoning variance. Variance to any non-zoning UDC Design Each exception $1,200 first exception,$500 Standard each additional exception *Fee may be reduced by 50%for requests that resulted from the actions of previous owners of an affected property, such as a private access easement. Waiver of Engineering Standards(Design Each waiver $500 each waiver &Construction Manual) Vested Rights Petition or Development City Attorney &Staff Fees $2,500+City Attorney Fees Rights Determination Zoning Verification Letter City Staff Fee $100 SUBDIVISION APPLICATIONS Land Study/Mixed Use Concept Plan Consultant Deposit (Land Study $1,500 Only) Minor Plat/Amended Plat Single- &Two-family Residential $500+$20/DU **Plats administratively reviewed & Non-residential/Mixed $750+$25/acre approved only Use/Other Residential Preliminary/Final Plat/Replat 1 and 2 Family Residential **All plats require Consultant Fee 0 to 5 acres $750+$25/DU **A Replat that requires a public hearing 5+to 10 acres $1,000+$25/DU must pre-pay any associated publication and property owner notification fees. ***A combined Preliminary/Final Plat will 10+to 20 acres $1,250+$25/DU be assessed the application fees for a Preliminary&Final plat but only one (1) Engineering Consultant Fee. 20+to 50 acres $1,500+$25/DU 50+acres $2,000+$25/DU 4 Other Residential, Non- $1,500+$50/acre and/or Residential,Mixed Use, PUD .$25/DU APPLICATION RELATED FEES Consultant Fees: review of construction. Professionalfees as billed by $1,500 (minimum, as.a deposit plans,reports,drainage studies,TIA's & engineering and planning against consultant fees.Staff any other document associated with consultants,or any consultant may reduce this deposit to plats, site plans,mixed use concept utilized by the City to review $750 against consultant fees if plans or special legal instruments or development applications. a project is of a minor nature submittals as necessary per application where limited engineering submitted. review is anticipated Legal Fees:All legal fees incurred by the City in the review, preparation and/or City Attorney Reimbursement Due to City amendment of any legal document - Based on Actual Legal Fees associated with a development Incurred by the City. application,such as, but not limited to Private Street Agreement or Public Infrastructure Agreement. Conveyance Plat.or Legal Instrument Each $500 Extension of Time Each $2,000 Fee may be waived by the City Council if the extension is requested prior to any approval expiring &subject to the applicant proving cause for the extension. In granting an extension of time,the applicant will be subject to any new regulations and standards adopted by the City in its UDC. Miscellaneous Fees Park'Land'&Improvement Fees Park Land Fees paid by $600 per single-or 2-family unit developer Park Improvement Fees paid $600 per single-or 2-family unit by builder Park Land &Improvement Fees $400 per dwelling unit by developer builder of multi- family units Mat Recordation Guadalupe County As required by Guadalupe Recordation Fee County Cibolo Recordation Fee $150/plat 5 Postponement on an agenda for which $1,000+costof new notice a public hearing was scheduled. publication and mailing. Applicant shall be required to pay the cost for additional notice and legal publication. Ordinances, Manuals&Maps Cibolo Unified Development Code(UDC) Electronic/Online - No Charge DVD or CD $10.00 Cibolo Design&Construction Manual Electronic/Online No Charge DVD or CD $10.00 each manual Cibolo Master Plan Electronic/Online No Charge DVD or CD $10.00 Cibolo Parks Master Plan Electronic/Online No Charge DVD or CD $10.00 Cibolo Zoning Map, City Limits/EU Map Electronic/Online No Charge Paper 1 l"x 17" $10.00 Paper-24"x 36" $30.00 Adopted 2-26-13 6