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ORD 2013-28TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTIONS C. BUILDING (COMMERCIAL), D. CERTIFICATE OF OCCUPANCY (COMMERCIAL), F. CONTRACTOR REGISTRATION, K. GRADING PERMIT, AND L. HEALTH PERMITS OF SECTION 8.03 ENTITLED "COMMUNITY DEVELOPMENT DEPARTMENT" OF ARTICLE VIII, ENTITLED "SCHEDULE OF FEES", OF CHAPTER 1, ENTITLED "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE TOWN, PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided, and the fees adopted hereby are reasonable and reflect reimbursement for administrative costs incurred by the Town in providing various services to the public; and WHEREAS, the Town Council hereby finds that the amendment of Section 8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town; and WHEREAS, having reviewed the proposed fee adjustments, the Town Council finds that the proposed fees are reasonable and necessary to pay the administrative costs associated with providing services to the public, and that the Town's Schedule of Fees should be amended to include such fees; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection C. Building (Commercial) of Section 8.03 entitled "Community Development Department" of Article Vlll entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to correct typographical errors in Table 1 and Table 2, and to add the following paragraph, the remaining paragraphs and table contained within subsection C shall remain unaltered: C. Building (Commercial) "Plan Review Fees A non-refundable plan review fee shall be assessed to all commercial and multi -family building (three or more dwelling units in a building) permit applications at the time of submittal. A building permit application is not considered received until the plan review fee has been paid. The plan review fee shall be assessed at 35% of the building permit fee. The plan review fee shall be 35% of the total building permit fee. The plan review fee shall be credited toward the building permit fee when issued." TABLE 1 — COMMERCIAL BUILDING PERMIT FEE Under "Total Valuation of Project" correct the following: 1st row - unchanged 2nd row - $500.01 to $2,000.00 3rd row - $2,000.01 to $25,000.00 4th row - $25,000.01 to $50,000.00 5th row - $50,000.01 to $100,000.00 6th row - $100,000.01 to $500,000.00 7th row - $500,000.01 to $1,000,000.00 8th row - $1,000,000.01 and up TABLE 2 — RESIDENTIAL BUILDING PERMIT FEE U1 Storage, playhouse, etc., Column 3, $67.29 Single Family Residential Addition, Row 3, Column 3, $76.11 Single Family Residential Addition, Row 4, Column 3, $71.04 2.02. Subsection D. Certificate of Occupancy (Commercial) of Section 8.03 entitled "Community Development Department" of Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that it shall be and read as follows in its entirety: D. Certificate of Occupancy (Commercial) $100.00 2.03. Subsection F. Contractor Registration of Section 8.03 entitled "Community Development Department" of Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that it shall be and read as follows in its entirety: "F. Contractor Registration Master Electrician $125.00 HVAC $125.00 Fire Protection No Fee Master Plumber No Fee Backflow Testing $75.00 Irrigation 125.00 All License Registration Renewals (within 30 days of expiration $50.00 date)" 2.04. Subsection K. Grading Permit of Section 8.03 entitled "Community Development Department" of Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that it shall be and read as follows in its entirety: "K. Grading Permit Single Residential Lot Y2 - 1 acre: >1 - 3 acres >3 - 5 acres >5 - 10 acres > 10 acres $45.00 $55.00 $85.00 $115.00 $165.00 $165.00 + $7.50 for each add'I acre over 10" 2.05. Subsection L. Health Permits of Section 8.03 entitled "Community Development Department" of Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended so that it shall be and read as follows in its entirety: "L. Health Permits Food Establishment $275.00 Retail Food Store $625.00 Mobil Food Unit $160.00 Roadside Food Vendor $100.00 Child Care Centers $225.00 Temporary Food Establishment $35.00 Complaints (per occurrence) $150.00" SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen minder or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 9th day of September, 2013. ATTEST-. javj"�-' Amy Piukana o Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: atricia A. Adams, Town Attorney Town of Trophy Club, Texas C nnie White, Mayor Town of Trophy Club, Texas [SEAL] Section 8.03 Community Development Department A. Animal Run Permit $75.00 B. Apartment Complex License Annual Permit (for first location) Reinstatement License (for first location) Each Additional Dwelling Unit Reinspection $120.00 $120.00 $25.00 $30.00 C. Building (Commercial) Fhe building permit fee charged to build a new building, to add onto an existing building, to remodel or to alter an existing building shall be based on the declared valuation of the proposed work. The declared valuation shall include the fair market value of the proposed improvements, including the architectural, structural, electrical, plumbing, mechanical work, paving, parking, drive approach, and the contractor's profit. The Building Official may require the applicant to verify the declared value. The building permit fee shall be calculated based upon figures from Table 1. The Building Official may also use the data provided in the most current Building Valuation Table published by the International Code Council to determine building valuation for permit fee purposes. The ICC table is available on the ICC web site at www.iccsafe.org For any permit required by the construction codes but not specified in the Town's fee structure, an appropriate fee shall be charged based on the scope of work and which allows the Town to recover the cost of review and inspection. Plan Review Fees A non-refundable plan review fee shall be assessed to all commercial and multi -family building (three or more dwelling units in a building) permit applications at the time of submittal. A building permit application is not considered received until the plan review fee has been paid. The plan review fee shall be assessed at 35% of the building permit fee. The plan review fee shall be 35% of the total building permit fee. The plan review fee shall be credited toward the building permit fee when issued. TABLE 1 — COMMERCIAL BUILDING PERMIT FEE Total Valuation of Project Fee $1.00 to $500.00 $100.00 Minimum Fee $500.01 to $2,000.00 $50.00 for the first $500 plus $6.60 for each additional $100.00 or fraction thereof, but not less than $100.00 $2,000.01 to 25,000.00 $150.00 for the first $2,000 plus $30.60 for each additional $1,000.00 or fraction thereof, $25,000.01 to 50,000.00 $840.00 for the first $25,000 plus $21.60 for each additional $1,000.00 or fraction thereof, $50,000.01 to 100,000.00 $1,380.00 for the first $50,000 plus $15.00 for each additional $1,000.00 or fraction thereof, $100,000.01 to 500,000.00 $2,130.00 for the first $100,000 plus $12.00 for each additional $1,000.00 or fraction thereof, $500,000.01 to $1,000,000.00 $6,930.00 for the first $500,000 plus $10.20 Construction for each additional $1,000.00 or fraction thereof, $1,000,000.01 and up $12,030.00 for the first $1,000,000 plus $3.30 Types: for each additional $1,000.00 or fraction thereof TABLE 2 - RESIDENTIAL BUILDING PERMIT FEE Construction Construction Construction Types: Types: Types: IA, IB 11 A, III A, II B, III B, V A IV, VB IBC/ICC IBC/ICC Base Cost Cost for Base Cost Cost for Base Cost Cost for Class Occupancy Type Project Size @ Each @ Each @ Each Threshold Threshold Additional Threshold Additional Threshold Additional Size 100s.f.* Size I00s.f.* Size I00s.f.* Accessory U I Building - 50 $565 $99.90 $471 $83.25 $377 $66.60 Residential 250 $765 $135.86 $637 $113.21 $510 $90.57 500 $1,104 $69.74 $920 $58.11 $736 $46.49 Storage, playhouse, etc 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 Typically with 2,500 $2,462 $52.44 $2,052 $43.70 $1642 $34.96 SFR UI Open Air 220 $200 $10.00 Structure Open Air Structure added with Amendment to Ord. No. 2008-42, § II, 12/15/08 IRC Single Family- 300 $250 $19.50 SFD TI remodel Single Family- 1,000 $3,194 $10.58 $2,661 $8.81 $2,129 $7.05 Standard Plan 1,500 $3,247 $35.71 $2,705 $29.76 $2,164 $23.81 (includes townhouses, 2,000 $3,425 $5.30 $2,854 $4.41 $2,283 $3.53 duplexes (attached 3,000 $3,478 $22.49 $2,898 $18.74 $2,319 $14.99 residences, etc. 5,000 $3,928 $19.58 $3,273 $16.31 $2,619 $13.05 10,000 $4,907 $49.07 $4,089 $40.89 $3,271 $32.71 IRC Single -Family 1,000 $3,293 $3.98 $2,744 $3.31 $2,195 $2.65 SFD Custom 1,500 $3,313 $35.68 $2,761 $29.74 $2,208 $23.79 2,000 $3,491 $5.31 $2,909 $4.43 $2,327 $3.54 3,000 $3,544 $22.48 $2,954 $18.73 $2,363 $14.99 5,000 $3,994 $18.92 $3,328 $15.76 $2,663 $12.61 10,000 $4,940 $49.40 $4,116 $41.16 $3,293 $32.93 IRC Guest House 100 $1,498 $135.00 $1,248 $112.50 $998 $90.00 SFD Custom 500 $2,038 $178.31 $1,698 $148.59 $1,358 $118.87 - 1,000 $2,929 $93.11 $2,441 $77.59 $1,953 $62.07 `Each additional IOU square tee t, or portion thereof, up to the next highest project size threshold. D. Certificate of Occupancy (Commercial) E. Construction in a Right of Way F. Contractor Registration Master Electrician HVAC Fire Protection Master Plumber Backflow Testing Irrigation All License Registration Renewals (within 30 days of expiration date) G. Demolition Permit H. Erosion Control Deposit Account $100.00 $50.00 $125.00 $125.00 No Fee No Fee $75.00 125.00 $50.00 $75.00 Single Family Residential Subdivisions $100.00 per lot Multifamily Residential and Non -Residential Subdivisions $200.00 per lot Refund of Erosion Control Deposit Deposit Refunds shall comply with Section 109.2 of the 2009 International Building Code I. Electrical Permit (small job single trade) J. Fence Permit K. Grading Permit Single Residential Lot '/2 - 1 acre: >1 - 3 acres >3 - 5 acres >5 - 10 acres > 10 acres $75.00 $75.00 $45.00 $55.00 $85.00 $115.00 $165.00 $165.00 + $7.50 for each add'I acre over 10 Weekly inspection of sites $85.00 hour (min. 2 hours) 2,000 See Single Family U Residential Garage 50 $565 $99.90 $471 $83.25 $377 $66.60 250 $765 $135.86 $637 $113.21 $510 $90.57 - - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 - - 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96 5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31 Single Fam Single -Family Residential Addition 50 $768 $135.22 $640 $112.68 $512 $90.15 250 $1,038 $185.07 $865 $154.23 $692 $123.38 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12 $- 1,000 $1,974 $91.33 $1,645 $76.11 $1,316 $60.89 2,500 $3,344 $71.04 $2,787 $59.20 $2,230 $47.36 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27 `Each additional IOU square tee t, or portion thereof, up to the next highest project size threshold. D. Certificate of Occupancy (Commercial) E. Construction in a Right of Way F. Contractor Registration Master Electrician HVAC Fire Protection Master Plumber Backflow Testing Irrigation All License Registration Renewals (within 30 days of expiration date) G. Demolition Permit H. Erosion Control Deposit Account $100.00 $50.00 $125.00 $125.00 No Fee No Fee $75.00 125.00 $50.00 $75.00 Single Family Residential Subdivisions $100.00 per lot Multifamily Residential and Non -Residential Subdivisions $200.00 per lot Refund of Erosion Control Deposit Deposit Refunds shall comply with Section 109.2 of the 2009 International Building Code I. Electrical Permit (small job single trade) J. Fence Permit K. Grading Permit Single Residential Lot '/2 - 1 acre: >1 - 3 acres >3 - 5 acres >5 - 10 acres > 10 acres $75.00 $75.00 $45.00 $55.00 $85.00 $115.00 $165.00 $165.00 + $7.50 for each add'I acre over 10 Weekly inspection of sites $85.00 hour (min. 2 hours) L. Health Permits $75.00/hr Food Establishment $275.00 Retail Food Store $625.00 S. Mobil Food Unit $160.00 T. Roadside Food Vendor $100.00 U. Child Care Centers $225.00 V. Temporary Food Establishment $35.00 W. Complaints (per occurrence) 150.00 M. Incidental Permit $75.00 N. Inspections $120.00 Inspections outside of normal business hours (minimum charge — 2 hrs) $75.00/hr Reinspection Fee $75.00 For use of outside consultants for inspections Actual Costs O. Irrigation Permit $75.00 P. Mechanical Permits (small job single trade) $75.00 Q. Noise Permit $25.00 R. Plan Review X. Stormwater Drainage Utility Structure Monthly Fee Single Family $6.00 Multi -Family, Duplexes, and Non -Residential Properties Monthly Fee Square Footage of Impervious Area $6.00 per ERU each ERU = 3,500 sq. ft. Additional plan review required for significant changes, additions or revisions $75.00/hr to plans For use of outside consultants for plan review Actual Costs S. Plumbing Permit (small job single trade) $75.00 T. Retaining Wall Permit $75.00 U. Re -Roofing Permit $75.00 V. Sign Permit $75.00 W. Single Family License Annual Permit (for first single location) $120.00 Reinstatement License (for first single location) $120.00 Each Additional Dwelling Unit $25.00 Reinspection $30.00 X. Stormwater Drainage Utility Structure Monthly Fee Single Family $6.00 Multi -Family, Duplexes, and Non -Residential Properties Monthly Fee Square Footage of Impervious Area $6.00 per ERU each ERU = 3,500 sq. ft. Y. Swimming Pool Permit $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50, 00 1. 00 to $100, 000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,000.00 and up Pool Electrical Pool Plan Review Pool Plumber Propane Tank $23.50 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof $50.00 35% of permit fee $50.00 $100.00 Z. Tree Removal Permit $25.00 per tree Tree Mitigation Fee $150.00 per caliper inch AA. Work Done Prior to Permit Approval/Issuance Double the regular permit fee BB. Refunding of Fees shall comply with Section 109.2 of the 2009 International Building Code. Otherwise above fees are not refundable. CC. Expired Permit Reissuance Fee: As per Section 105.5 of the 2009 International Building Code, a permit for any purposed work shall be deemed to be abandoned after 180 days of permit issuance, unless project completion has been pursued in good faith since permit issuance; except that the Building Official is authorized to grant one or more extensions of time, additional periods not to exceed 90 (ninety) days each. The extension shall be requested in writing and justifiable cause demonstrated and the Building Official will approve or deny the request in writing. A Reissuance fee of 50% of the original building permit cost is required to reactivate any expired permit where an extension was not requested and/or approved.