File #: R-18-16    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 5/2/2016 In control: City Council
On agenda: 9/26/2016 Final action: 9/26/2016
Title: Forest Conservation Act Fees and Fines - For the purpose of setting fees and fines associated with the City's Forest Conservation Act set forth in Chapter 21.71 of the City Code.
Sponsors: Jared Littmann, Sheila Finlayson, Joe Budge, Ross Arnett, Michael J. Pantelides
Indexes: Environmental Commission, Environmental Matters Committee, Finance Committee, Rules and City Government Committee
Attachments: 1. R-18-16 FCA Fees and Fines.pdf, 2. R-18-16 Staff Report.pdf, 3. R-18-16 Fiscal Impact.pdf, 4. O-22-16 R-18-16 PC Findings.pdf, 5. R-18-16 SIGNED.pdf

Title

Forest Conservation Act Fees and Fines - For the purpose of setting fees and fines associated with the City’s Forest Conservation Act set forth in Chapter 21.71 of the City Code.

Body

CITY COUNCIL OF THE

City of Annapolis

 

Resolution 18-16

 

Introduced by: Alderman Littmann, Alderwoman Finlayson, Alderman Budge

and Alderman Arnett

 

Referred to

Public Hearing

Rules and City Government Committee

Environmental Matters Committee

Finance Committee

Annapolis Environmental Commission

 

A RESOLUTION concerning

 

Forest Conservation Act Fees and Fines

 

FOR                     the purpose of setting fees and fines associated with the City’s Forest Conservation Act set forth in Chapter 21.71 of the City Code.

 

WHEREAS,                     Ordinance 22-16 is the City’s proposed Forest Conservation Act; and

 

WHEREAS,                     Resolution 18-16 authorizes the imposition of certain fees by resolution of the City Council;

 

WHEREAS,                     Resolution 18-16 authorizes the imposition of certain fines by resolution of the City Council; and

 

WHEREAS,                     Section 21.10.050 directs the City Council to establish a fee schedule for the Zoning Code by resolution of the City Council.

 

NOW THEREFORE BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the FY 2017 Fee Schedule is amended by inserting the following:

 

Section

Type of Fee

Amount of Fee FY 2017

21.10.050

FEES AND DEPOSITS

 

 

FOREST STAND DELINEATION SUBMISSION FEE FOR SINGLE RESIDENTIAL LOTS LESS THAN FIVE ACRES, INCLUDING SINGLE FAMILY RESIDENTIAL LOTS BEING SUBDIVIDED WHERE NO ADDITIONAL BUILDABLE LOTS ARE BEING CREATED. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND AGAIN FOR EACH SUBSEQUENT REVISED SUBMISSION.

$250.00

 

FOREST STAND DELINEATION SUBMISSION FEE FOR ALL OTHERS. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND FOR EACH SUBSEQUENT REVISED SUBMISSION. FOR THE PURPOSES OF THIS FEE SCHEDULE, “N” IS DEFINED AS THE NUMBER OF SUBMISSIONS OF A FOREST STAND DELINEATION BY THE SAME APPLICANT FOR THE SAME PARCEL. FOR EXAMPLE, FOR THE FIRST SUBMISSION, N = 1, FOR THE SECOND SUBMISSION, N=2, AND SO ON.

$850.00 PLUS N TIMES $30.00 PER ACRE OR FRACTION THEREOF

 

PRELIMINARY FOREST CONSERVATION PLAN APPLICATION FEE FOR SINGLE RESIDENTIAL LOTS LESS THAN FIVE ACRES, INCLUDING SINGLE FAMILY RESIDENTIAL LOTS BEING SUBDIVIDED WHERE NO ADDITIONAL BUILDABLE LOTS ARE BEING CREATED. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND AGAIN FOR EACH SUBSEQUENT REVISED SUBMISSION.

$250.00

 

PRELIMINARY FOREST CONSERVATION PLAN APPLICATION FEE FOR ALL OTHERS. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND FOR EACH SUBSEQUENT REVISED SUBMISSION. FOR THE PURPOSES OF THIS FEE SCHEDULE, “N” IS DEFINED AS THE NUMBER OF SUBMISSIONS OF A PRELIMINARY FOREST CONSERVATION PLAN BY THE SAME APPLICANT FOR THE SAME PARCEL. FOR EXAMPLE, FOR THE FIRST SUBMISSION, N = 1, FOR THE SECOND SUBMISSION, N=2, AND SO ON.

$850.00 PLUS N TIMES $30.00 PER ACRE OR FRACTION THEREOF

 

FINAL FOREST CONSERVATION PLAN APPLICATION FEE FOR SINGLE RESIDENTIAL LOTS LESS THAN FIVE ACRES, INCLUDING SINGLE FAMILY RESIDENTIAL LOTS BEING SUBDIVIDED WHERE NO ADDITIONAL BUILDABLE LOTS ARE BEING CREATED. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND AGAIN FOR EACH SUBSEQUENT REVISED SUBMISSION.

$250.00

 

FINAL FOREST CONSERVATION PLAN APPLICATION FEE FOR ALL OTHERS. THIS FEE APPLIES TO AN ORIGINAL SUBMISSION AND FOR EACH SUBSEQUENT REVISED SUBMISSION. FOR THE PURPOSES OF THIS FEE SCHEDULE, “N” IS DEFINED AS THE NUMBER OF SUBMISSIONS OF A FINAL FOREST CONSERVATION PLAN BY THE SAME APPLICANT FOR THE SAME PARCEL. FOR EXAMPLE, FOR THE FIRST SUBMISSION, N = 1, FOR THE SECOND SUBMISSION, N=2, AND SO ON.

$850.00 PLUS N TIMES $30.00 PER ACRE OR FRACTION THEREOF

 

FOREST MITIGATION BANK APPLICATION FEE

$850.00 PLUS  $30.00 PER ACRE OR FRACTION THEREOF

21.71.030.C.7

DECLARATION OF INTENT NONCOMPLIANCE FEE

$10 PER SQUARE FOOT

21.71.110

PAYMENT INSTEAD OF AFFORESTATION AND REFORESTATION INSIDE A PRIORITY FUNDING AREA

$10 PER SQUARE FOOT

 

PAYMENT INSTEAD OF AFFORESTATION AND REFORESTATION OUTSIDE OF A PRIORITY FUNDING AREA

$12 PER SQUARE FOOT

 

AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the FY 2017 Fine Schedule is amended by inserting the following:

 

Chapter in Code

Section Name

Fine for Initial Offense

Fine for Repeat or Continuous Violations

21.71.180

FOREST CONSERVATION ACT - ENFORCEMENT

$500.00

$500.00

 

 

AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that this resolution shall be effective upon the effective date of Ordinance 22-16.

 

 

 

EXPLANATION

CAPITAL LETTERS indicate matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.