IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing Chapter 81, Jackson County Code, 1984, relating to the Plan Commission and amending subsections 24001.11 and 24003.2, Jackson County Code, 1984, relating to the Plan Commission and development fees.
Intro
ORDINANCE 3923, September 4, 2007
INTRODUCED BY Fred Arbanas, County Legislator
Body
WHEREAS, chapter 81 (Plan Commission) and 240 (Unified Development Code), Jackson County Code, 1984, both relate to development in the unincorporated portion of the County, and contain much material that is duplicative; and,
WHEREAS, the Director of Public Works recommends that, in the interest of efficiency and ease of use, these two chapters be consolidated into chapter 240; and,
WHEREAS, in connection with this consolidation, the director recommends that certain development fees, which have not been reviewed since 1993, be adjusted to account for increased costs of doing business; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Chapter 81, Jackson County Code, 1984, consisting of thirty-five sections, is hereby repealed, and subsections 24001.11 and 24003.2, Jackson County Code, 1984, are hereby amended, to read as follows:
24001.11 a. [Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, subdivision plat approval, zoning amendments, variances and other applications. The amount of the administrative fees charged shall be as established by ordinance of the Legislature filed in the office of the Clerk of the County Legislature.]
The fees charged for the various applications and permits shall be as set out in this section. In no event shall any portion of the filing fee be waived or refunded to the applicant. Any expenditure in excess of the filing fee necessary and incidental to the processing of the application shall be billed to and paid by the applicant. No final action on an application can be taken until such time as all such fees are paid in full.
1. Rezoning Application.
The fee for a residential rezoning application is [one hundred fifty dollars ($150)] three hundred fifty dollars ($350). The fee for a commercial/industrial rezoning application is [three hundred dollars ($300)] five hundred dollars ($500).
2. Planned Development Application.
The fee for a residential-planned development application is three hundred fifty dollars ($350). The fee for a commercial/industrial planned development application is five hundred dollars ($500).
3. Conditional Use Application.
The fee for a conditional use application is [one hundred fifty dollars ($150)] three hundred fifty dollars ($350).
4. Variance/Appeal Application.
The fee for a variance or appeal application is [one hundred dollars ($100)] three hundred fifty dollars ($350).
5. Vacation of Streets and Reservations.
The fee for a vacation of a street or reservation (easement) is two hundred fifty dollars ($250).
6. Preliminary Subdivision Plat.
The fee for a preliminary subdivision plat is [one hundred dollars ($100)] three hundred dollars ($300) plus three dollars ($3) per lot.
7. Final Subdivision Plat.
The fee for a final subdivision plat is [one hundred dollars ($100) plus three dollars ($3) per lot] three hundred dollars ($300).
8. Construction - Engineering Plan Review and Inspection.
The fee for construction improvements involving engineering plan review and inspection is three percent (3%) of Project Construction Valuation. Project Construction Valuation, as used in this section, is determined by using:
A) The "engineer's estimate of probable construction costs" as provided by the applicant, which shall be verified by county staff to ensure the values used by the engineer for labor and material are current and accurate and that quantities are correct; or B) The contract amount shown in the applicant's contract for the project. Project Construction Valuation will only be based upon the method shown in subsection (B) if County staff and the applicant cannot agree on the proper amount by application of subsection (A).
9. Special Use (Driveway, Utility, Right-of-Way) Permit.
The fee for a special use permit which include but are not limited to driveway, utility and construction within right-of-way is seven dollars ($7) per section 229.340, RSMo, plus a one hundred dollar ($100) inspection fee.
10. Off-Premise Sign Permit.
The fee for an off-premise sign permit is one hundred dollars ($100) if the gross sign face area is 100 square feet or smaller and five hundred dollars ($500) if the gross sign face area is over 100 square feet.
11. Floodplain Development Permit.
The fee for a floodplain development permit is fifty dollars ($50).
12. On-site Wastewater (Septic) Disposal Permit.
The fee for new construction or replacement on-site wastewater disposal permit is two hundred fifty dollars ($250). The permit fee for evaluating an existing on-site wastewater disposal system shall be one hundred dollars ($100).
b. Fees established in accordance with this section [24010.1] shall be paid upon submission of a signed application or notice of appeal.
24003.2 Plan Commission
a. Establishment. The Jackson County Plan Commission is hereby established in accordance with section 64.010, RSMo.
b. Membership. The members of the Jackson County Plan Commission shall be appointed by the County Executive subject to the power of the County Legislative to disapprove.
c. Number. The Jackson County Plan Commission shall consist of nine (9) members.
d. Residency. At least four (4) of the members of the Plan Commission shall be residents of the unincorporated area of Jackson County.
e. Membership on Another County Board or Commission Prohibited. No member of the Plan Commission shall serve on any other Jackson County board or commission during that member's term of office.
f. Secretary. The Director shall serve as Secretary to the Plan Commission.
g. Holding Office.
1. Term of Office.
The terms of the members shall be four (4) years or until their successors take office.
2. Removal from the Commission.
Members may be removed for cause on written charges by a majority of the County Legislature. Further, whenever a member shall be absent without excuse from more than two consecutive regularly scheduled meetings or more than three such meetings in one year, the Chair shall forthwith notify the County Executive. Acting upon such notification, the County Executive shall remove said member from the Commission. A new member shall then be appointed by the Executive to fill the unexpired term in accordance with the regular method of making appointments to the Commission. An absence is "excused" when the Chair, with the concurrence of a majority of the Commission members present, shall note such excused absence in the minutes of the meeting at which the member is not in attendance, or at the meeting immediately following.
3. Vacancies.
Vacancies may be filled by the County Executive, subject to the disapproved power of the County Legislature to disapprove, for the unexpired term of any member whose seat becomes vacant.
h. Administration.
1. Powers and Duties.
The Plan Commission shall have all of the powers and duties specifically assigned in this chapter.
2. Rules of Procedure.
The Plan Commission may adopt rules of procedure consistent with the provisions of this chapter.
3. Chairperson Administers Oaths.
The chairperson, or in the absence of the chairperson, the acting chairperson, shall administer oaths.
4. Meetings.
All meetings of the Plan Commission shall be open to the public.
5. Notice of Meetings.
Public notice of meetings of the Plan Commission shall be given in at least one (1) publication in a newspaper of general circulation in the County.
6. Time of Notice.
Public Notice shall be given at least fifteen (15) days before the date of the meeting.
7. Notice to News Media.
The Plan Commission shall notify all local news media when request to be notified of all meetings of the Commission.
8. Contents of Notice.
The notice of the meetings of the Plan Commission shall include the following:
(a) The time and place of the meetings.
(b) The official docket of the Plan Commission.
(c) The place where the specific requests will be accessible for examination by interested parties.
9. Minutes.
The minutes of the meeting shall be filed in the office of the Director.
10. Public Record.
The minutes shall be a public record.
11. Reimbursement.
Each member of the Plan Commission shall receive one
hundred dollars ($100) for each meeting attended.
i. Public Hearing and Recommendation by Plan Commission. Whenever the Plan Commission is required by the Revised Statutes of Missouri or these regulations to make a recommendation to the County Legislature concerning a development application, the Commission shall conduct a public hearing, if required by this section. The public hearing shall be held within the time frame established by this title. If no specific time frame is established by this title for such hearing, the hearing shall be held within thirty (30) days from the day the completed application is filed with the Secretary of the Commission. If no public hearing is required, the Commission shall consider the matter at a regularly scheduled public meeting. The Commission's written recommendations, if any, together with the staff report and recommendation, if any, shall be filed with the Clerk of the County Legislature.
j. Decision by Plan Commission.
If the Plan Commission has been delegated final decision-making authority for a development application pursuant to these regulations, whether by original jurisdiction or upon appeal, it shall decide whether to approve, conditionally approve or deny the application at a public meeting, following receipt of the report and recommendation of the Director. If a public hearing is required by these regulations prior to decision, the hearing shall be conducted in the manner provided in section 24003.6. The Commission shall prepare a written statement setting forth the basis for its decision.
k. Notification and Appeal from Decision by Plan Commission.
The Director shall notify the applicant of the decision of the Plan Commission within ten (10) days of such decision in the manner provided in section 24003.6. The applicant may appeal the decision of the Plan Commission in the manner provided in section 24003.7.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance #3923 of September 4, 2007 was duly passed on September 24, 2007 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas 8 Nays 0
Abstaining 0 Absent 1
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #3923.
_________________ _________________________________
Date Michael D. Sanders, County Executive