18-75 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-75
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING VARIOUS TOWN FEES OF APPENDIX A, "FEE
SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES BY REPEALING
EXISTING SECTION I, "CONSTRUCTION PERMITS AND FEES." OF
APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES
AND REPLACING IT WITH A NEW SECTION 1, "CONSTRUCTION PERMITS
AND FEES," OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES; REPEALING EXISTING SECTION IV, "SIGN PERMIT FEES,"
OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES AND REPLACING IT WITH A NEW SECTION IV, "SIGN -
RELATED FEES," OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S
CODE OF ORDINANCES; REPEALING EXISTING SUBSECTION (a), "FIELD
USER FEES," OF SECTION XIII, "PARKS AND RECREATION USER FEES,"
OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES AND REPLACING IT WITH A NEW SUBSECTION (a); "FIELD
USER FEES," OF SECTION XIII, "PARKS AND RECREATION USER FEES,"
OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES; AMENDING EXISTING SECTION XX, "HEALTH AND
SANITATION FEES," OF APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S
CODE OF ORDINANCES BY ADDING A NEW SUBSECTION, (e), "DOGS ON
FOOD ESTABLISHMENT VARIANCE APPLICATION FEE," OF APPENDIX A,
"FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that the various fees imposed by the Town should be revised; and
WHEREAS, the Town Council has reviewed the current and proposed fees and
recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to
the Code of Ordinances; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of the Town to revise certain existing fees
imposed by the Town and replace them with fees that reflect actual and reasonable costs, as
hereinafter referenced.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section I, "Construction Permits and
Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby replaced with
a new Section I, Construction Permits and Fees," of Appendix A, "Fee Schedule," to the Town's
Code of Ordinances to read as follows:
"Sec. I Construction permits and fees
(a) Development inspection fee. A development inspection fee shall be charged for each
inspection in the amount of three percent (3%) of the town's estimates of the costs of the public
works utilities and streets of new construction which are to be dedicated to the town. Such items
shall include, but not be limited to, street paving, storm drainage, water and sewer mains and
other items designated for conveyance to the town after completion of improvements through the
process of public dedication. These fees shall be paid prior to the start of construction.
(b) Building permits/inspection fees. The building permit and inspection fees as follow are
hereby adopted for various construction -type projects in conjunction with, among others,
residential, commercial and industrial structures prior to the start of construction. A determination
of the valuation for any enclosed structure other than residential shall be determined at the
discretion of the town.
BUILDING PERMITS/INSPECTION FEES
(1) Minimum building permit fees: $20.00.
(2) Residential
(A) Residential building plan review fee: A nonrefundable plan review of $300.00 or 10%
of the building permit, whichever is less, is due at the time of submittal.
(B) Residential building permit fee:
Total valuation
Fee
$1.00 to $500.00
$24.00
$501.00 to $2,000.00
$24.00 for the first $500.00; plus $3.00 for each
additional $100.00 or fraction thereof, to and
including $2,000.00
$2,001.00 to $40,000.00
$69.00 for the first $2,000.00; plus $11.00 for each
additional $1,000.00 or fraction thereof, to and
including $40,000.00
$40,001.00 to $100,000.00
$487.00 for the first $40,000.00; plus $9.00 for each
additional $1,000.00 or fraction thereof, to and
including $100,000.00
Ordinance No. 18-75 Page 2
$100,001.00 to $500,000.00
$1,027.00 for the first $100,000.00; plus $7.00 for
each additional $1,000.00 or fraction thereof, to and
including $500,000.00
$500,001.00 to $1,000,000.00
$3,827.00 for the first $500,000.00; plus $5.00 for
each additional $1,000.00 or fraction thereof, to and
including $1,000,000.00
$1,000,001.00 to $5,000,000.00
$6,327.00 for the first $1,000,000.00; plus $3.00 for
each additional $1,000.00 or fraction thereof, to and
including $5,000,000.00
$5,000,001.00 and over
$18,327.00 for the first $5,000,000.00; plus $1.00
for each additional $1,000.00 or fraction thereof
The valuation shall be based upon a minimum $101.90 dollar per square foot construction cost,
or the builder's valuation, whichever is greater. The valuation is determined using the building
gross area times the square foot construction cost.
(3) Accessory buildings and carports: $60.00 each.
(4) Residential addition: $0.10 per sq. ft. + required inspections at $30.00 each.
(5) Residential alteration: $5.00 per $1,000.00 of value + required inspections at $30.00 each
+ plan review fee of $45.00 for plan review if value is $20,000.00 or greater.
(6) Roof repair/replacement: $5.00 per $1,000.00 valuation of project. Minimum fee shall be
$20.00.
(7) Swimming pools:
(A) In ground: $300.00 permit fee.
(B) Above ground: $100.00 permit fee.
(C) Spas: $100.00.
(8) Commercial:
(A) Commercial building plan review fee: A nonrefundable plan review of $300.00 or
10% of the building permit, whichever is less, is due at the time of submittal.
(B) Commercial building permit fee:
Ordinance No. 18-75 Page 3
Total Valuation
$1.00 to
$10,000.00
$10,001.00 to
$25,000.00
$25,001.00 to
$50,000.00
$50,001.00 to
$100,000.00
$100,001.00 to
$500,000.00
$500,001.00 to
$1,000,000.00
Plan Review Fee
$50.00
$70.69 for the first
$10,000.00; plus $5.46 for
each additional $1,000.00
$159.59 for the first
$25,000.00; plus $3.94 for
each additional $1,000.00
$251.09 for the first
$50,000.00; plus $2.73 for
each additional $1,000.00
$387.59 for the first
$100,000.00; plus $2.19 for
each additional $1,000.00
$1,263.59 for the first
$500,000.00; plus $1.85 for
each additional $1,000.00
$1,000,001.00 and $2,188.59 for the first
over $1,000,000.00; plus $1.23
for each additional
$1,000.00
Inspection Fee
$76.92
$108.75 for the first $10,000.00;
plus $8.40 for each additional
$1,000.00
$234.75 for the first $25,000.00;
plus $6.06 for each additional
$1,000.00
$386.25 for the first $50,000.00;
plus $4.20 for each additional
$1,000.00
$596.25 for the first $100,000.00;
plus $3.36 for each additional
$1,000.00
$1,940.25 for the first $500,000.00;
plus $2.85 for each additional
$1,000.00
$3,365.25 for the first
$1,000,000.00; plus $1.89 for each
additional $1,000.00
The valuation shall be based upon the square foot construction cost per the most current ICC
Building Valuation Data. The valuation is determined using the building gross area times the
square foot construction cost. For shell only buildings deduct 20 percent of construction cost.
(9) Certificate of occupancy: $50.00 each.
(10) Contractor registration: $100.00 each. All contractors are required to register with the town.
Annual $100.00 registration fee.
(11) After-hours inspections: $30.00 per inspection.
(12) Demolition: $20.00 permit fee.
(13) Document retrieval fee: $10.00.
(14) Dumpster enclosure: $20.00 permit fee/per enclosure.
(15) Fence: $30.00 per permit. No permit needed if replacing less than 2 panels offence totaling
less than 16' in length.
(16) Foundations/foundation repair: $ 5.00 per $1,000.00 value; $20.00 minimum fee.
Ordinance No. 18-75 Page 4
(17) Lawn irrigation systems: $30.00 permit fee. Inspection must be done by a certified backflow
tester and report must be given to building inspector.
(18) Miscellaneous inspections: Backflow prevention, electrical, mechanical, and plumbing:
$30.00 each.
(19) Multifamily: One application is required per building:
(A) $5.00 per $1,000.00 valuation of project + $0.02 per sq. ft. for fire plan review.
(i) 1-3,000 sq. ft.: $60.00.
(ii) 3,001-10,000 sq. ft.: $80.00.
(iii) 10,001-100,000 sq. ft.: $100.00.
(iv) Over 100,000 sq. ft.: $120.00.
(B) Fees are separate (i.e., $60.00 plumbing + $60.00 mechanical, etc.).
(20) Reinspection fee:
(A) $50.00 for the first reinspection.
(B) $75.00 for the second reinspection.
(C) $100.00 for the third reinspection.
(D) Fees will increase on a basis of $25.00 each thereafter.
(21) Reprint of permit: $10.00 each.
(22) Sidewalks/approaches: $20.00 per permit.
(22) Temporary outdoor seasonal sale or special event permit: $100.00 permit fee + $1,000.00
deposit.
(24) Construction trailer: $80.00."
SECTION 3
From and after the effective date of this Ordinance, Section IV, "Sign Permit Fees," of
Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby replaced with a new
Section IV, "Sign -Related Fees," of Appendix A, "Fee Schedule," to the Town's Code of
Ordinances to read as follows:
Ordinance No. 18-75 Page 5
"Sec. IV Sign -Related Fees
(a) Any sign permit: $75.00
(b) Special Purpose Sign District Application: $500.00
(c) Petition for Waiver: $200.00"
SECTION 4
From and after the effective date of this Ordinance, Subsection (a), "Field User Fees," of Section
XIII, "Parks and Recreation User Fees," of Appendix A, "Fee Schedule," to the Town's Code of
Ordinances is hereby replaced with a new Subsection (a), "Field User Fees," of Section XIII,
"Parks and Recreation User Fees," of Appendix A, "Fee Schedule," to the Town's Code of
Ordinances to read,
"(a) Field User Fees
(1) Prosper Youth Sports Commission leagues (co-sponsored leagues):
(A) All participants who reside within Town boundaries: $10.00 per player per season.
(B) All participants who reside outside of the Town boundary but reside within the
Prosper Independent School District boundary: $30.00 per player per season.
(C) All participants who reside outside of the Town boundary and who reside outside of
the Prosper Independent School District Boundary: $50.00 per player per season.
(D) Fees shall be paid in full prior to the use of any town athletic field.
(E) The number of scheduled practices and games will be assigned based on the facility
use agreement with the town.
(F) Each participant shall be assessed the full fee amount based on residency.
(2) Non -co-sponsored resident teams comprised of eighty percent (80%) or more participants
who reside in the Town boundary:
(A) Non -synthetic turf field use: $35.00 per hour
(B) Synthetic turf field use: $70.00 per hour
(C) Additional $20.00 per hour for use of the field lights
(3) Non -co-sponsored resident teams comprised of less than 80% participants who reside in
the Town boundary:
(A) Non -synthetic turf field use: $45.00 per hour
(B) Synthetic turf field use: Not available for rental
(C) Additional $20.00 per hour for use of the field lights
(4) Co-sponsored teams comprised of 80% or more participants who reside in the Town
boundary:
(A) Non -synthetic turf field use: $35.00 per hour
(B) Synthetic turf field use: $70.00 per hour
Ordinance No. 18-75 Page 6
(C) Additional $20.00 per hour for use of the field lights."
SECTION 5
From and after the effective date of this Ordinance, Section XX, "Health and Sanitation
Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby amended by
adding a new subsection (e), "Dogs on Food Establishment Variance Application Fee," to read as
follows:
"(e) Dogs on food establishment variance application fee: $250.00."
SECTION 6
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 7
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 8
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF SEPTEMBER, 2018.
APPROVED:
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Ray Smith, Mayor
Ordinance No. 18-75 Page 7
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Terrence S. Welch, Town Attorney
Ordinance No. 18-75 Page 8