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17-13 O - Amending Appendix A, "Fee Schedule" to Code of Ordinances by Repealing and Replacing Existing Sect. ITOWN OF PROSPER, TEXAS ORDINANCE NO. 17-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES BY REPEALING EXISTING SECTION I THEREOF, "CONSTRUCTION PERMITS AND FEES," AND REPLACING IT WITH A NEW SECTION I, "CONSTRUCTION PERMITS AND FEES"; 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 commercial permit fees, contained in Section I of Appendix A to the Town's Code of Ordinances, should be revised; and WHEREAS, the Town Council has reviewed the current and proposed commercial permit fees and recommends the adoption of a revised fee schedule for Section I of Appendix A; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of Prosper to repeal existing Section I, "Construction Permits and Fees," of Appendix A, "Fee Schedule," and replace it with a new Section I, "Construction Permits and Fees." 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, existing Section I, "Construction Permits and Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Section I, "Construction Permits and Fees," to read as follows: "Sec. I. Construction Permits and Fees (a) Building oermitslinsoection 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. (b) 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. BUILDING PERMITS/INSPECTION FEES (1) Minimum building permit fees: $20.00. (2) Accessory buildings: $60.00 each. (3) After-hours inspections: $30.00 per inspection. (4) Carports: See accessory buildings. (5) Certificate of occupancy: $50.00 each. (6) Commercial: (A) Commercial Building Plan Review Fee: A non-refundable plan review of $200.00 or 10% of the Building permit whichever is less is due at the time of submittal. (B) Commercial Building Permit Fee: Total valuation Plan Review Fee Inspection Fee $1.00 to $10,000.00 $50.00 $76.92 $70.69 for the first $10,000.00; $108.75 for the first $10,001.00 to $25,000.00 plus $5.46 for each additional $10,000.00; plus $8.40 for $1,000.00 each additional $1,000.00 $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 $1,000,001.00 and over $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 $2,188.59 for the first :1,000,000.00; plus $1.23 for each additional $1,000.00 Ordinance No. 17-13, Page 2 $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. $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. (7) Contractor registration: $100.00 each. All contractors are required to register with the town. Annual $100.00 registration fee. (8) Demolition: $20.00 permit fee. (9) Document retrieval fee: $10.00. (10) Dumpster enclosure: $20.00 permit fee/per enclosure. (11) Fence: $30.00 per permit. No permit needed if replacing less than 2 panels of fence totaling less than 16' in length. (12) Foundations/foundation repair: $5.00 per $1,000.00 value; $20.00 minimum fee. (13) Lawn irrigation systems: $30.00 permit fee. Inspection must be done by a certified backflow tester and report must be given to building inspector. (14) Miscellaneous inspections: Backflow prevention, electrical, mechanical, and plumbing: $30.00 each. (15) 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.). (16) Re -inspection fee: (A) $50.00 for the first re -inspection (B) $75.00 for the second re -inspection (C) $100.00 for the third re -inspection (D) fees will increase on a basis of $25.00 each thereafter. (17) Reprint of permit: $10.00 each. (18) Residential permits: Ordinance No. 17-13, Page 3 Total valuation Fee $1.00 to $500.00 $24.00 $24.00 for the first $500.00; plus $3.00 for $501.00 to $2,000.00 each additional $100.00 or fraction thereof, to and including $2,000.00 $69.00 for the first $2,000.00; plus $11.00 $2,001.00 to $40,000.00 for each additional $1,000.00 or fraction thereof, to and including $40,000.00 $487.00 for the first $40,000.00; plus $9.00 $40,001.00 to $100,000.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $1,027.00 for the first $100,000.00; plus $100,001.00 to $500,000.00 $7.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $3,827.00 for the first $500,000.00; plus $500,001.00 to $1,000,000.00 $5.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $6,327.00 for the first $1,000,000.00; plus $1,000,001.00 to $3.00 for each additional $1,000.00 or $5,000,000.00 fraction thereof, to and including $5,000,000.00 $18,327.00 for the first $5,000,000.00; plus $5,000,001.00 and over $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. (19) Residential addition: $0.10 per sq. ft. + required inspections at $30.00 each. (20) 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. Ordinance No. 17-13, Page 4 (21) Roof repair/replacement: $5.00 per $1,000.00 valuation of project. Minimum fee shall be $20.00. (22) Sidewalks/approaches: $20.00 per permit. (23) Swimming pools: (A) In ground: $300.00 permit fee. (B) Above ground: $100.00 permit fee. (C) Spas: $100.00. (24) Temporary outdoor seasonal sale or special event permit: $100.00 permit fee + $1,000.00 deposit. (25) 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. 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 The fees established in Subsection (b)(6), "Commercial," of Section I, "Construction Permits and Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances shall be effective and only apply to permits received on or after April 3, 2017. All remaining provisions of this Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes 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 14TH DAY OF FEBRUARY, 2017. APPROVED: Vvv RaySmit Mayor Ordinance No 17-13, Page 5 ATTEST: Rob n Battle Town ecretary APPROVED AS TO FORM AND LEGALITY: A -1 -Lu Terrence S. Welch, Town Attorney Ordinance No. 17-13, Page 6