19-40 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-40
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING VARIOUS TOWN FEES CONTAINED IN APPENDIX A,
"FEE SCHEDULE," OF THE TOWN'S CODE OF ORDINANCES BY
REPEALING EXISTING SECTION I, "CONSTRUCTION PERMITS AND FEES,"
OF APPENDIX A, "FEE SCHEDULE," OF THE TOWN'S CODE OF
ORDINANCES AND REPLACING IT WITH A NEW SECTION I,
"CONSTRUCTION PERMITS AND FEES," 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, due to the recent adoption of HB 852 by the Texas Legislature, which
prohibits municipalities from basing residential permit fees on the value of the improvement, the
Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined
that various residential permit fees imposed by the Town should be revised; and
WHEREAS, the Town Council has reviewed the proposed residential permit fees and
recommends the adoption of revised fees in Section I of Appendix A of the Code of Ordinances.
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
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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:
Gross Square Feet
Fee
999 sq. ft. or less
$1.00 per sq. ft. up to and including 999 sq. ft.
$1,040.30 for the first 1,000 sq. ft.; plus $0.713 for
each additional one (1) sq. ft., up to and including
1,000 sq. ft. to 4,900 sq. ft.
4,900 sq. ft.
$3,824.11 for the first 4,901 sq. ft.; plus $0.509 for
each additional one (1) sq. ft., up to and including
4,901 sq. ft. to 7,999 sq. ft.
7,999 sq. ft.
$5,403.00 for the first 8,000 sq. ft.; plus $0.30 for
8,000 sq. ft. or greater
each additional one (1) sq. ft.
(3) Accessory buildings and carports: $60.00 each.
(4) Residential alteration or addition: $0.10 per sq. ft. + required inspections at $30.00 each.
(5) Roof repair or replacement: $100.00.
(6) Swimming pools:
(A) In ground: $300.00 permit fee.
(B) Above ground: $100.00 permit fee.
(C) Spas: $100.00.
(7) 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. 19-40 Page 2
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Total Valuation
Plan Review Fee
Inspection Fee
$1.00 to
$50.00
$76.92
$10,000.00
$10,001.00 to
$70.69 for the first
$108.75 for the first $10,000.00;
$25,000.00
$10,000.00; plus $5.46 for
plus $8.40 for each additional
each additional $1,000.00
$1,000.00
$25,001.00 to
$159.59 for the first
$234.75 for the first $25,000.00;
$50,000.00
$25,000.00; plus $3.94 for
plus $6.06 for each additional
each additional $1,000.00
$1,000.00
$50,001.00 to
$251.09 for the first
$386.25 for the first $50,000.00;
$100,000.00
$50,000.00; plus $2.73 for
plus $4.20 for each additional
each additional $1,000.00
$1,000.00
$100,001.00 to
$387.59 for the first
$596.25 for the first $100,000.00;
$500,000.00
$100,000.00; plus $2.19 for
plus $3.36 for each additional
each additional $1,000.00
$1,000.00
$500,001.00 to
$1,263.59 for the first
$1,940.25 for the first $500,000.00;
$1,000,000.00
$500,000.00; plus $1.85 for
plus $2.85 for each additional
each additional $1,000.00
$1,000.00
$1,000,001.00 and
$2,188.59 for the first
$3,365.25 for the first
over
$1,000,000.00; plus $1.23
$1,000,000.00; plus $1.89 for each
for each additional
additional $1,000.00
$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.
(8) Certificate of occupancy: $50.00 each.
(9) Contractor registration: $100.00 each. All contractors are required to register with the town.
Annual $100.00 registration fee.
(10) After-hours inspections: $30.00 per inspection.
(11) Demolition: $20.00 permit fee.
(12) Document retrieval fee: $10.00.
(13) Dumpster enclosure: $20.00 permit fee/per enclosure.
(14) Fence: $30.00 per permit. No permit needed if replacing less than 2 panels offence totaling
less than 16' in length.
(15) Foundations or foundation repair: $ 50.00.
Ordinance No. 19-40 Page 3
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(16) Lawn irrigation systems: $30.00 permit fee. Inspection must be done by a certified backflow
tester and report must be given to building inspector.
(17) Miscellaneous inspections: Backflow prevention, electrical, mechanical, and plumbing:
$30.00 each.
(18) 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.).
(19) 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.
(20) Reprint of permit: $10.00 each.
(21) Sidewalks/approaches: $20.00 per permit.
(22) Temporary outdoor seasonal sale or special event permit: $100.00 permit fee + $1,000.00
deposit.
(23) Construction trailer: $80.00."
SECTION 3
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.
Ordinance No. 19-40 Page 4
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SECTION 4
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 5
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF JUNE 2019.
OF PRE
191N
Robyn Mottle, Town Se6retary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
APPROVED:
"A
Ray Smith, M yor
Ordinance No. 19-40 Page 5