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03-07 - Obdd i UU2885 TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-07 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE SCHEDULE, EXHIBIT "A" (V. DEVELOPMENT FEES), TO SET FORTH MINIMUM FEES TO BE ACCEPTED IN LIEU OF LAND FOR PARK DEDICATION REQUIREMENTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING 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 it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to amend Ordinance No. 02-33, Comprehensive Fee Schedule, Exhibit "A" (V. Development Fees), to set forth minimum fees to be accepted in lieu of land for park dedication requirements; and WHEREAS, the Town Council adopted Ordinance No. 03-05 adopting new subdivision regulations that contain provisions for paying money in lieu of land to satisfy the park dedication requirements; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to provide for a minimum amount to receive as money in lieu of land for the park dedication requirement, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION l: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 02-33 Comprehensive Fee Schedule, Exhibit "A" (V. Development Fees), To Set Forth Minimum Fees To Be Accepted In Lieu Of Land For Park Dedication Requirements Amended. Ordinance No. 02-33 Comprehensive Fee Schedule, is hereby amended to set forth minimum fees to be accepted in lieu of land for park dedication requirements in part V. Development Fees of Exhibit "A," which shall read as the chart attached hereto as Exhibit "1" and incorporated herein for all purposes. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or FEE SCHEDULE ORDINANCE (Amend No. 02-33) — Page I CADocuments and Settings\AmberNy Documents\ORDINANCES\Ordinance 03-07.doc 5387 002886 remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/RepealingClaus lause. 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 portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper 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 or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 1 Ith DAY OF MARCH, 2003. 'CORRECTLY R_I AMBER PHILLIPS Town Secretary ,�3'113091:ya JA4ES DUNMIRE, MAYOR DATE OF PUBLICATION: March 14, 2003, McKinney Courier Gazette. FEE SCHEDULE ORDINANCE (Amend No. 02-33) — Page 2 CADocuments and Settings\AmberWy Documents\ORDINANCES\Ordinance 03-07.doc Town of Prosper - Fee Schedule (Exhibit "A") I. BUILDING PERMITS/INSPECTION FEES: Minimum building permit fees shall be $20.00 Accessory Buildings: $60.00 each After Hours Inspections: $30.00 per inspection Carports: See accessory buildings Certificate of Occupancy: $50.00 each Commercial: Maintain current fees, but add Fire Plan Review Fee of $0.02 per sq. ft. Current Fees: $25.00 Base + $260.00 Insp. Fee for first 1500 sq. ft. + $3.50 Insp Fee for each additional 100 sq. ft. + $1.00 per $1000.00 value of structure Contractor Registration: $50.00 each Demolition: $20.00 permit fee Document Retrieval Fee: $10.00 Dumpster Enclosure: $20.00 permit fee / per enclosure Fence: $30.00 per permit. No permit needed if replacing less than 2 panels of fence totaling less than 16' in length Foundations/ Foundation Repair: $5.00 per $1000.00 value; $20.00 minimum fee Lawn Irrigation Systems: $30.00 permit fee. Inspection must be done by a certified back -flow tester and report must be given to Building Inspector Miscellaneous Inspections: Back -Flow Prevention, Electrical, Mechanical, and Plumbing: $30.00 each Multi -Family: One application is required per building $5.00 per $1000.00 valuation of project + $0.02 per sq. ft. for fire plan review 1 - 3,000 sq. ft $60.00 10,001-100,000 sq. ft. $100.00 PROSPER FEE SCHEDULE (EXHIBIT "A") - Page 1 3,001-10,000 sq. ft. $80.00 over 100,001sq. ft. $120.00 Fees are separate (i.e. $60.00 plumbing + $60.00 mechanical, etc.) Re -inspect Fee: $50.00 for first re -inspect; $75.00 for second re -inspect; $100.00 for third re -inspect; fees will increase on a basis of $25.00 each thereafter Reprint of Permit: $10.00 each Residential Permits: $0.10 per sq. ft. ($0.02 increase from current rate of $0.08 sq. ft.) + $300.00 Inspection Fee (current fee) Residential Addition: $0.10 per sq. ft. + required inspections at $30.00 each Residential Alteration: $5.00 per $1000.00 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 Roof: Repair / Replacement - $5.00 per $1000.00 valuation of project. Minimum fee shall be $20.00 Sidewalks / Approaches: $20.00 per permit Special Event Permit: $60.00 permit fee + $250.00 clean-up deposit Swimming Pools: In -Ground: $150.00 permit fee Above Ground: $50.00 permit fee Spas: $50.00 Trailer (Construction): Residential: $20.00 permit fee Electrical Inspection: $30.00 Plumbing Inspection: $30.00 * All contractors are required to register with the Town. Annual $50.00 Registration Fee. CA W co -0 co --J Town of Prosper —Fee Schedule (Exhibit "A") II. MECHANICALIPLUMBING PERMIT FEES: Calculate by square footage or unit fee schedule, whichever is less Square footage of Building Floor Area: 1 - 3,000 $60.00 3,001 - 10,000 $80.00 10,001—100,000 $100,00 over 100,001 $120.00 Plumbing Fixtures or Gas Traps First 10 fixtures $30.00 Each additional $ 2.00 Gas Piping: First 5 openings $30.00 Each additional $ 2.00 Fan Coil and Power Induction Units: $ 3.00 Furnaces and / or Air Conditioners: Furnaces up to 100,000 Btu/and A/C Units up to 5 tons First Unit $30.00 Each additional $5.00 Furnaces greater than 100,000 Btu/ and A/C units greater than 5 tons First Unit $40.00 Each additional $8.00 Boilers / Refrigeration / Absorption Units: Boiler or refrigeration up to 15 horsepower or absorption units up to 500,000 Btulh First Unit $30.00 Each additional $5.00 Boiler or refrigeration units greater than 15 horsepower but not more than 30 horsepower Ui or absorption units greater than 500,000 Btu/h but not more than 1,000,000 Btu/h First Unit $40.00 C� co Each additional $8.00 Boiler or refrigeration units greater than 30 horsepower or absorption units greater than 1,000,000 Btu/h First Unit $50.00 CD Each additional $15.00 �. Commercial Hoods / Kitchen Ventilation: tv Type I Commercial Hood First Unit $50.00 Co Each additional $20.00 pp Type II Commercial Hood First Unit $40.00 pp Each additional $15.00 PROSPER FEE SCHEDULE (EXHIBIT "A") — Page 2 IV Town of Prosper - Fee Schedule (Exhibit "A") ELECTRICAL PERMIT FEES: Simple Electrical Permit Or calculated by square footage for commercial properties 1-3,000 square feet 3,001-10,000 square feet 10,001-100,000 square feet over 100,000 square feet SIGN PERMIT FEES: Area of Sign Up to 50 square feet 51 to 100 square feet 101 to 150 square feet 151 to 200 square feet 201 to 250 square feet 251 square feet or above Please refer to Sign Ordinance for Restrictions, etc. PROSPER FEE SCHEDULE (EXHIBIT "A") - Page 3 $30.00 $60.00 $80.00 $100.00 $120.00 Fee $25.00 67.50 100.00 150.00 200.00 250.00 + 1.00 per sq. ft. in excess of 250 sq. ft. W co -J co to r1,04, Town of Prosper —Fee Schedule (Exhibit "A") V. DEVELOPMENT FEES: DEVELOPMENT FEE SCHEDULE Case Amount/ Fees When Due Acreage_/ Lots Zoning Change — Standard $500.00 + 10 ac - $600.00 $10.00/ac 25 ac - $750.00 At Application 100 ac - $1500.00 250 ac - $3000.00 Zoning Change — Planned $500.00 + 10 ac - $800.00 At Application Development $30.00/ac 25 ac - $1250.00 100 ac - $3500.00 250 ac - $8000.00 Specific Use Permit $300.00 + 10 ac - $400.00 At Application $10.00/ac 25 ac - $550.00 100 ac - $1300.00 250 ac - $2800.00 Zoning Board of Adjustment $200.00 At Application Action Misc. Applications $100.00 At Application (Masonry Exemption, ROW Abandonment, Septic Waiver, Zoning or Subdivision Variance, etc. Zoning Verification Letter $50.00 At Application Site Plan Review $300.00 + At Application $5.00/acre Annexation / De -Annexation $250.00 At Application Application PROSPER FEE SCHEDULE (EXHIBIT "A") — Page 4 c� co — C% [V co lD (D Town of Prosper — Fee Schedule (Exhibit "A") Plat Fees When Due # of Copies Preliminary Plat $300.00 + $10.00 per lot 30 days prior to 8 —11" x 17 " formal approval 5 — 24" x 36" black/blue lines with original Final Plat $400.00 + $10.00 per lot Within 2 years of 8 —11" x 17" acceptance 5 — 24" x 36" black/blue lines with original Re -Plat $300.00 + $10.00 per lot 30 days prior to 8 —11" x 17 " formal approval 5 — 24" x 36" black/blue lines with original Amended Plat $250.00 + $10.00 per lot 30 days prior to 8 —11" x 17 " formal approval 5 — 24" x 36" black/blue lines with original Minor Plat $200.00 30 days prior to 8 —11" x 17 " formal approval 5 — 24" x 36" black/blue lines with original ul W a PROSPER FEE SCHEDULE (EXHIBIT "A") - Page 5 Town of Prosper - Fee Schedule (Exhibit "A") OTHER FEES Emergency Plat Filing $300.00 Zoning Compliance Inspection $100.00 Landscaping Inspection $100.00 Comprehensive Plan Amendment $200.00 Construction Fee 3% of the Total Construction Cost Water Impact Fee $1610.00 per service unit Waste Water Impact Fee $1572.50 per service unit Water Tap Fee $800.00 per service unit — 5/8" meter Sewer Tap Fee $400.00 per service unit *Park Fee $30,000.00 per acre for up to 5% of the land Street Lighting / Sign Assessment Fee Refer to Sec. 23, pg. 22 of Subdivision Ordinance Road Fees '/Z the cost of a 36' wide street Tax Certificate Handled through Tax Office Water of Wastewater Re -inspection Fees No charge *Under Section 13 of the Subdivision Ordinance, the Park Fee is the greater of $30,000.00 per acre or the appraised value. VI. PEDDLER/SOLICITOR'S FEE: Each itinerant merchant, peddler, vendor or itinerant taking orders for sale or offering of any items or service will pay a fee of $25.00 to Prosper prior to solicitation. cn w co I n CD N Cx� N PROSPER FEE SCHEDULE (EXHIBIT "A") - Page 6 Town of Prosper — Fee Schedule (Exhibit "A") VII. RECONSTRUCTION OF STREETS FEE: The fee per square foot for reconstruction materials accomplished by Prosper under the provisions of Prosper's Subdivision Ordinance No. 85-26, as it exists or may be amended, shall be: 1. For streets in existing residential areas which have been improved, i.e., some base and/or asphalt regardless of existing condition ....$0.50 per square foot. 2. For streets in existing residential areas which are completely unimproved, i.e., no asphalt or oil base material and little or no rock or paving material ....$0.60 per square foot. 3. For streets in new residential areas or non-residential areas of new development .... $2.50 per square foot. Vill. MISCELLANEOUS FEES: Copies: Per page $0.10 Faxes: First page $2.00 Additional pages $1.50 Land Use Maps: $7.50 C11 W Ordinances: Subdivision $35.00 Co ` 1 Zoning $45.00 u Returned Check Fee $25.00 - �V PROSPER FEE SCHEDULE (EXHIBIT "A") — Page 7 Pfi&)-e AtAl),, -/D -/-C) u PA 0 Y-�� ))POO. 0 307 P�W�pv� I -ry -760� 5387 002894 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLEUNDERFEDERALLAW (THE STATE OF TEXAS) 1 hereby Cenity that this instrument Was FILED lathe File Number SequenceCOUNTYOOn the date and the lime spmped hereon by me; and Was duly RECORDED, in the Oniclal Public Records of Real Propany of Collin County, Texas on APR 91 2003 �JQ`of sa "co= ArG*nda TtyIor =, Filed for Record in: Collin County, McKinney TX Honorable Brenda Taylor Collin County Clerk. On Apr 01 2003 At 11:01am Doc/NLIm : 2003-- 00S7602 Recording/Type:OR 27.00 Receipt #t: 1219; J 3PU3B1L2:E SHER ' S AFF=DAVIT THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of The FfcXinney Courier -Gazette and' that said newspaper meets the requirements of Section 201.004, 201.005 and201.006 of the Texas Government Code, to wit: U Printer's Fee $ 7 Description: 1. It devotes not less than twenty-five percent (251) of its total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit; SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who �a) is personally known to me, or bl provided the following evidence to establish his/her identity, on this the .z2�.L_day of A.D. 2003 to comfy which witness my handAnd seal of office. Notary Public (SEAL) COMMISSION EXPIRES tate of Texas LAVERNE GRAVES Notary Public, State of Texas My Commission Expires ��° 05-12.2005 To be Published in the McKinney Courier -Gazette on Friday, March 14, 2003. LEGAL NOTICE TOWN OF PROSPER, TEXAS ORDINANCE NO.03-07 AN ORDINANCE OF THE TOWN CF THE PROSPER, TEXAS: AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE SCHEDULE, EXHIBIT "A^ (V DEVELOPMENT FEES), TO SET FORTH MINIMUM FEES TO BE ACCEPTED IN LIEU OF LAND FOR PARK DEDICATION REQUIREMENTS, - PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.