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CORRECTED COPY Page 1 of 6 ORDINANCE NUMBER 3433 AN ORDINANCE AMENDING PORTIONS OF MISSOULA MUNICIPAL CODE CHAPTERS 8.40 ENTITLED “HAZARDOUS VEGETATION AND NUISANCE WEEDS”, 12.04 ENTITLED “STREET VACATION,” 12.12 ENTITLED “SIDEWALK CONSTRUCTION,” 12.24 ENTITLED “EXCAVATIONS,” 12.30 ENTITLED “FENCES,” 13.06 ENTITLED “INDUSTRIAL WASTEWATER,” 15.38 ENTITLED “ACCESSIBILITY STANDARDS,” AND 15.65 ENTITLED “GRADING, DRAINAGE AND EROSION CONTROL PERMITS” PERTAINING TO FEES AND INCREASING THE FEE PROVISIONS IN EACH CHAPTER’S FEE SECTION BY3%. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT SECTIONS 8.40.040, 12.04.020, 12.12.100, 12.24.030, 12.30.020, 12.30.050, 13.06.110, 15.38.050, AND 15.65.050 MISSOULA MUNICIPAL CODE BE AMENDED AS FOLLOWS: SECTION 1 HAZARDOUS VEGETATION AND NUISANCE WEEDS. 8.40.040 Hazardous Vegetation cutting, removal or extermination--Fee for cutting, removal or exterminating by the City. A. A minimum hazardous vegetation cutting, removal or exterminating fee of one hundred four dollars ($104.00) per hour or one hundred four dollars ($104.00) per lot plus a City administrative fee shall be charged for the cutting, removal or exterminating of hazardous vegetation. The work will be performed by a City assigned cut contractor at the direction of the City. Fees are intended to pay for labor, fuel, equipment and administrative costs and may exceed the minimum fee in instances where actual costs exceed the minimum fees. B. A City administrative fee of three hundred dollars ($300.00) shall be assessed for each weed and grass cutting, removal or exterminating work order that is processed. C. If a fire originates in the grasses or weeds on a property, the property owner may be assessed costs for fighting that fire if the City Fire Chief deems it appropriate to do so after conducting an investigation of the cause of the fire. SECTION 2 STREET VACATION. 12 04.020 Payment of cost of right-of-way petition process for vacations and closures. At the time any petition is submitted by property owners for the vacation and closure of any public right-of-way within the city, the petitioning property owners shall also pay to the city treasurer the sum of one thousand seven hundred seventy eight dollars ($1,778.00), which money is for the purpose of defraying the necessary costs of title searches and public notice publications. The money so received shall be deposited by the city treasurer in the general fund of the city, provided, however, where an amended plat or replatting is required in accordance with the laws of the state, and such amended plat or replatting requires or requests any right-of-way to be vacated and/or closed, that has been originally established by the prior official subdivision plat, all costs associated with the preparation and review of the amended plat or replatting shall be the obligation of the petitioner for such amended plat or replatting. SECTION 3 CURB, SIDEWALK AND PARKING LOT CONSTRUCTION. 12.12.100 Bonds, fees and charges prerequisite to construction. A. No person shall remove, alter, or construct any curb, sidewalk, driveway approach, new parking lot, gutter or any combination thereof, upon first complying with the requirements of Section 12.08.030, nor shall such person remove, alter, or construct sidewalk, curb, driveway approach, or gutter without the payment to the city of the fees and charges provided in this section and without obtaining a permit from the city engineer. ---PAGE BREAK--- CORRECTED COPY Page 2 of 6 B. The fee to inspect curb and gutter construction shall be: 3% Fee Increase 1. ROW curb permit: 0-30 lineal feet $170.00 2. ROW curb permit: 31-250 lineal feet $474.00 3. ROW curb permit: 251-1,000 lineal feet $717.00 4. ROW curb permit: greater than 1,000 lineal feet $717.00 plus $0.13 per lineal foot $0.13 C. The fee to inspect sidewalk and driveway approach construction shall be: 3% Fee Increase 1. ROW sidewalk permit: 0-150 square feet $156.00 2. ROW sidewalk permit: 151-500 square feet $416.00 3. ROW sidewalk permit: 501-1,000 square feet $524.00 4. ROW sidewalk permit: greater than 1,000 square feet $524.00 plus $0.13 per square foot $0.13 D. The fee to design and stake curb and gutter shall be three hundred forty eight dollars ($348.00) and an additional fee of three dollars per lineal foot shall be charged for curb and gutter construction exceeding a length of fifty feet. E. The fee to inspect, design and stake curb, gutter and sidewalk work that is contracted by the city shall be nineteen percent (19%) of the total dollar amount of the curb, gutter and sidewalk contract. F. The costs and permit fees to inspect areas of paving work shall be as follows: 3% Fee Increase 1. Single-family residential: $107.00 2. Multi-family/commercial <2,000 square feet: $302.00 3. Paving permit 2,000 to 50,000 square feet: $315.00 4. Paving permit >50,000 square feet: $315.00 plus $0.01 per square foot $0.01 G. The fee for the City Engineer to review building construction site plans for compliance with applicable codes shall be collected prior to the issuance of the building permit and the fee shall be: 3% Fee Increase 1. Miscellaneous small structure plan check (sheds, shops, pole barns, sign bases taking 30 minutes or less: $46.00 2. Single-family residential plan check: $101.00 3. Hillside single-family residential plan check: $159.00 4. Multi-family residential plan check 2-4 units: $113.00 5. Multi-family residential plan check 5-20 units: $173.00 6. Multi-family residential plan check 21-50 units: $258.00 7. Multi-family residential plan check greater than 50 units: $350.00 8. Commercial/industrial plan check 0-20,000 square feet: $173.00 9. Commercial/industrial plan check 20,001-100,000 square feet: $215.00 10. Commercial/industrial plan check greater than 100,000 square feet: $330.00 H. The fee for the City Engineer to review subdivision plan submittals for compliance with applicable codes shall be collected when the subdivision plan is submitted and the fee shall be: 3% Fee Increase ---PAGE BREAK--- CORRECTED COPY Page 3 of 6 1. Subdivision - Engineering review major: $731.00 2. Subdivision - Engineering review minor: $338.00 SECTION 4 EXCAVATIONS. 12.24.030 Permit--Application--Fee. Permit fees are based on the average direct and indirect costs to provide plan checking, permit administration, field inspection, record management, warranty inspection, and public works administration for excavations. The fee for obtaining an excavation permit shall be as follows: A. Excavation Permits for Sanitary Sewer: 3% Fee Increase 1. New connection of a service line from the sewer main to the building: $330.00 2. New connection of a service line from the stub to the building: $287.00 3. New connection of a service stub from the sewer main to the property line: $330.00 4. New STEP connection from the sewer main to the building: $503.00 5. New STEP connection from the stub to the building: $467.00 6. New STEP connection of a service stub from the sewer main to the property line: $330.00 7. New STEP tank installation without connection to a sewer main: $394.00 B. Excavation Permits for Water: 3% Fee Increase 1. New connection of a service line from the water main to the building: $186.00 2. New connection of a service stub from the water main to the property line: $149.00 3. New connection of a service line from the stub to the building: $149.00 C. Excavation permits for Miscellaneous Excavations: 1. New utility mains including sewer, water, storm drain, gas, electric, phone, cable television are: 3% Fee Increase a. Utility main construction: 0-600 lineal feet: $1,873.00 b. Utility main construction: 601-2,400 lineal feet: $2,754.00 c. Utility main contruction greater than 2,400 lineal feet: $2,754.00 plus $0.36 per lineal foot $0.36 2. All other permits including repair permits: $173.00 Revenue from these fees shall be credited to the general fund. SECTION 5 INDUSTRIAL WASTEWATER 13.06.110(D) Industrial Pretreatment Required A variance to the interceptor or other approved method requirement may be granted by a Review Committee. The Industrial Interceptor Review Committee shall consist of a representative from the Wastewater Treatment Division and City Engineering. The variance fee is one hundred thirty seven dollars ($137.00) for each variance considered by the Review Committee. Criteria for allowing a variance shall be feasibility of installation, generation potential and existing interference to the POTW. A variance ---PAGE BREAK--- CORRECTED COPY Page 4 of 6 may carry conditional requirements including, but not limited to, installation of a solids interceptor, grease trap, other approved method or self monitoring. SECTION 6 FENCES. 12.30.020 Fences--Permit required. Any person or contractor constructing a new fence or any time fifty percent (50%) or more of an existing fence in or adjacent to a public right-of-way is reconstructed or repaired by any person or contractor on any property where any portion of the fence is located within five feet of public right-of-way, a fence permit from the City Engineer or a designated agent prior to construction or reconstruction of said fence shall be obtained from the City. A fee of forty two dollars ($42.00) which shall be paid by any applicant for each permit issued. All work under this permit shall be completed within one hundred eighty days of issuance. All work after one hundred eighty days of the date of the permit issuance shall require a new permit. SECTION 7 FENCES (CONTINUED). 12.30.050 Encroachments--Permits. The City Engineer, or a designated agent, is authorized to grant a fence encroachment permit to the owner of land abutting city right-of-way for a temporary revocable privilege to construct, install, and maintain a fence upon a portion of the public right-of-way that is not currently or prospectively used or needed in the near future for any public travel or public use. This fence encroachment permit shall be a revocable privilege and shall be in the form of a fence encroachment permit signed and acknowledged by the permittee whereby the permittee recognizes that the permit is revocable by the City at any time upon thirty days' notice to the permittee and whereby the permittee recognizes that the City retains its right to use and to access the public right-of-way subject to the fence encroachment permit. The permittee must as part of the fence encroachment permit application process covenant to remove the fence and restore the land to its former condition, all at the permittee's expense, upon the receipt of such notice. Such fence encroachment permits as the aforesaid to be made by the City, through the action of the City Engineer or a designee, shall be filed with the Missoula County Clerk and Recorder. A fence encroachment permit fee in the amount of eight hundred three dollars ($803.00) to issue this agreement shall be paid by the property owner. Fences, Encroachments. Restrictions to fences allowed to encroach into the public right-of-way. 1. No fence shall be constructed which will restrict visibility as described in 12.28.110 of this code. 2. No fence shall be allowed to encroach into Montana Highway Department right-of-way. 3. In any public right-of-way, where public sidewalks do not exist, no fence shall be installed closer than two feet to the back of any future public sidewalk as determined by the City Engineer. In any public right-of-way, where public sidewalks exist, no fence shall be installed closer than one foot to the back of the sidewalk. 4. Fences shall have a maximum height requirement per Section 12.30.040. 5. Fences shall have posts not exceeding two and (2-3/8) inches outside diameter for metal pipe or four inch dimension for wooden posts. No fences shall be constructed of stone, rock, masonry, any metal with pointed or projecting tops, cable, or chain. Prior to the issuance of the fence encroachment permit the fence design must be approved by the City Engineer or a designee to ensure conformity to this section and to be reviewed for potential hazards. 6. No other structure or storage of personal property inclusive of motorized vehicles other than landscape materials approved by 12.48.060 of this code shall be allowed in the public right-of- way behind a permitted fence. There shall be no shrubs, bushes, or hedges exceeding the height of the permitted fence in the public right-of-way. ---PAGE BREAK--- CORRECTED COPY Page 5 of 6 7. No encroachments of fences into the public right-of-way shall be allowed in a commercial or industrial district. No encroachments shall be allowed on properties used for business purposes. 8. When fifty percent or more of an existing fence in or adjacent to a public right-of-way is repaired or reconstructed it shall conform to this section. SECTION 8 ACCESSIBILITY STANDARDS. 15.38.050 Permit—Application—Fee. Permit fees are based on the average direct and indirect costs to provide plan checks, permit administration, field inspection, and record management. The fee for obtaining a permit shall be as follows: 3% Fee Increase 1. Single family residential driveways: No permit required 2. Multifamily parking lots which are not subject to accessibility requirements: No permit required 3. Parking lots up to 12,000 square feet (SF): $302.00 4. Parking lots 12,000 SF to 42,000 SF: $350.00 5. Parking lots 42,000 SF and greater: $423.00 Revenue from these fees shall be credited to the general fund. SECTION 9 GRADING, DRAINAGE AND EROSION CONTROL. [Codifier’s note: Corrected typo in section numbers from 15.64.020 to 15.65.050] 15.65.050 Permit—Application—Fee. Permit fees are based on the average direct and indirect costs to provide plan checks, permit administration, field inspection, and record management. The fee for obtaining a permit shall be as follows: 3% Fee Increase 1. Single family residence with slopes between five percent and ten percent $302.00 2. Single family residence with slopes greater than ten percent $350.00 3. Commercial/industrial/multifamily development: $423.00 [Codifier’s note: Corrected typo omission to include Air Quality, Water Quality and Storm Water Pollution Prevention Plan Air Quality, Water Quality and Storm Water Pollution Prevention Plan Fee 1. One acre or greater and less than five acre development / parcel / lot: $250.00 2. 3. Five acre to ten (10) acre development / parcel / lot: Ten (10) acre to twenty (20) acre development / parcel / lot: $293.00 $340.00 4. Greater than twenty (20) acre development / parcel / lot: $411.00 Revenue from these fees shall be credited to the general fund. EFFECTIVE DATE: The effective date of this ordinance shall be January 1, 2011. SEVERABILITY ---PAGE BREAK--- CORRECTED COPY Page 6 of 6 If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 8 ayes, 3 nays, 0 abstentions and 1 absent vote; and APPROVED by the Mayor this 28th day of June, 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)