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HomeMy WebLinkAboutOrdinance 20425-09-2012 d ORDINANCE NO. 20425-09-2012 AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY ADDING PROVISIONS ALLOWING FOR STAFF ADMINISTRATION OF CERTAIN ENCROACHMENTS; AMENDING FEES CHARGED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of Fort Worth has determined that it is appropriate to allow staff administrative authority to approve certain encroachments thereby reducing the processing time and the documentation sent to the City Council for consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS: SECTION 1. Section 7-47 of the Code of the City of Fort Worth (1986) is hereby amended by amending Section 3210 to read as follows: 3210 Encroachment Agreements 3210.1 General. All permanent encroachments into public property-, inclusive of public right-of-way and easements, shall require a duly executed Encroachment Agreement approved by the City Council. Exceptions: The Planning and Development Director is hereby authorized to execute Encroachment Agreements on behalf of the City, except as when the encroachment into public property is a major encroachment. A major encroachment means any building structure proposed on, above and/or below a street, alley right-of- way or easement area; to include, but not be limited to, sky- bridges, and tunnels between buildings, and parking structures built above or below grade. All major encroachments shall be presented to the City Council for approval. 3210.2 Application. The applicant shall execute three (3) copies of an Encroachment Agreement with the City upon forms furnished by the Building Official or his designee. The forms for such agreement shall be approved from time to time by the City Ordinance No.20425-09-2012 Page 1 of 4 Attorney's Office. Executed forms shall be filed in the real property records of the applicable county, and kept and maintained in the offices of the Planning and Development Department and the City Secretary. 3210.3 Insurance. The Encroachment Agreements shall be accompanied by proof that the applicant has secured and paid for a policy of public liability insurance covering all city controlled property as described in the Agreement. The amount of insurance coverage shall be at least the maximum amounts of liability which can be imposed upon the City under State law. Each insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days advanced written notice to the City. Insurance shall be maintained for the length of the encroachment. 3210.4 Plans. Each Encroachment Agreement shall be accompanied by a plan showing the location and amount of public property to be occupied with details of the structure of encroachment and shall include any additional information requested by the department affected by the encroachment. 3210.5 Application Fee. Along with the Encroachment Agreement shall pay a non-refundable application fee as follows: Approved by Fee 1. Planning and Development Director $275.00 2. City Council $575.00 3210.6 Annual Fee. For as long as the approved encroaching improvement(s) exists, the property owner shall be responsible for payment of an annual encroachment fee at a rate of $0.56 per linear or square foot of encroachment. 3211 Permits. Approval of the Encroachment Agreement does not eliminate the need for proper permits to do work as required by any code of the City. No work may commence without a permit as required by applicable codes. 3212 Signs. Advertising signs projecting into public property are to be considered a permanent occupancy of public property, provided however, upon the termination of the Encroachment Agreement such signage shall be removed from public property. Exception: An identification sign displayed as part of the marquee, provided the sign contains no off-premise advertising, is displayed to Ordinance No.20425-09-2012 Page 2 of 4 identify or locate the building or place of business and the height of the message does not exceed three (3) feet. Signs that are covered by existing Encroachment Agreements shall have those Encroachment Agreements become null and void when a sign is altered in size, removed or requires structural repair. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provision of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or final decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence,paragraph, or section. SECTION 5. This ordinance constitutes a digest and revision of the Building Code of the City of Fort Worth, as provided in Section 2, Chapter XXV and Section 9, Chapter XXVII, of Ordinance No.20425-09-2012 Page 3 of 4 the Charter of the City of Fort Worth. The Planning and Development Department of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013(a) of the Texas Local Government Code. SECTION 7. This ordinance shall take effect on November 5, 2012 after adoption and publication as required by law. APPROVED A ORM AND LEGALITY: Assistant City Attorney Adopted: September 25, 20122 Effective: Ordinance No.20425-09-2012 Page 4 of 4 1/4 PROPOSED FEE CHANGES GENERAL FUND FY2013 ., �.. EWf. . �'�. ..-: _,_,.:- :FROJEGTIQN. � >•:.. s .. fEBSi j }F sFEGTIVE {ffPropgsed:Fes ter"dfrwmne '"PIP .,. v..>,� ;,t —` D>wPT. FUNGI" _„ #���.`?., Ekk j l}SCRff 1 RR;Q EXf87bNG, llNi ,, Q, N �IN. ;{UN1 t� E►K� ra;Implemeotedl,. 4—N .. '.f mpacts, rtlaHoxt,v Rggdi�ed PLANNING AND DEVELOPMENT 006 GG01 0062000 462345 Billboard Bi-Annual Registration Fee E $75 every 3 $50 yr $25 yr FA 10/1/2012 ¢$16 675: The current charge for registration is$75 every three Yes yrs years and the recommendation is to increase the fee to f $50 annually. The Department inspects billboards and s 'does not charge an inspection fee;however,registration is critical in keeping up with billboard placement throughout the City. The increase noted is the annual 006 GGOt 0062000 Various Renewal Registration Adjustment to E $60-$120 $120 $0-$60 EA 10/1/2012 $954 64fi` All trades are charged a Fee of either$60 or$120. The Yes five accounts with"registration"in thea current fee structure contains disparity among the trades. gz description:Plumbing,Electrical �; � �p Changing all registration fees to $120 eliminates the Journeyman,Electrical Master, y : Inequity in the current fee structure. Mechanical and Sin I I 006 GG01 0062000 423095 Building Contractor Registration N $0 $120 $120 EA 10/1/2012 1 $131959All trades are currently charged a minimum registration Yes fee with the exception of Building Contractors. This creates inequity in the fee structure among the trades and " �this recommendation is to create a new fee for Building Contractors. Through the registration process, the City verifies that all trades persons working in the City are ,registered and properly insured, with the exception of Contractors. They City should ensure that z Building Contractors are properly insured as well. 006 GG01 0062000 421232 Encroachment Fee E $250 $.56 per sghinear INC Per sg4inear 10/1/2012 '? $290pQ' The City currently charge a one time fee of$250 for Yes footage footage M permanent encroachments upon the City's right of way. The fee allows the encroachment for 30 years. A more k`9 " appropriate fee is based on square footage or linear 006 GG01 0062000 462124 Grading Permit Fee N $0 $50 $50 FA 10/1/2012 ` 1$2 000 :$50 Application fee for grading permits. Approved by Yes R" Council via M&C G-17585. 006 GG01 0062000 462805 Ordinance Permits Application Fee N $0 $25 $25 EA 10/1/2012 $150 000 Application Fee for ordinance permits.Currently the City Yes a R= does not charge an application fee for required ordinance inspections despite the fact that the ordinance allows for the charge.The Department is recommending reinstating - the practice of collecting the $25 application fee for t' ordinance inspections to create consistency thin the fee 006 GG01 0062000 462805 Application Fee for General Permits E $22 $25 $3 EA 10/1/2012 00 General Permits application fee for new construction or Yes remodeling.Staff recommend increasing the application fee from$22 to$25. Benchmarking of Cities throughout the Metroplex show the fee to be below or average. httpllapps.cfwnet.orWl unc'AtLachmenL417495/Copy of FY2013 Proposed Fee Incrwa PD firal venuon for m&c.xLs 4:17 PM912MO12 2J4 PROPOSED FEE CHANGES GENERAL FUND FY2013 r�o'g' 1Z ra I � K PIPP Rai ii 006 GG01 0065030 462806 Plat Filing Fee N $0 Various INC EA 10/1/2012 11 is necessary for Department staff to file plats at the Yes determined by County courthouse, on behalf of customers,to ensure no the County fee changes are made between final plat approval and filing; schedule however,the Department is currently absorbing the costs charged by the County and must maintain an escrow account at the Courthouse.The Department recommends a, the customer be required to pay the fees charged by the tearyCounty for filing their plat.For example the fee for 24 x 36 plat is$50 and for 18 x 24 plat is$35(in a scale of 1" ...... 200 006 GG01 0065010 461090 Zoning<1 Acre E $924 $1,000 $76 EA 10/11/2012 Numerous Application Fees for Planning, Zoning and Yes 006 GG01 0065010 461090 Zoning 15 Acres E $1,232 $1,300 $68 EA 10/112012 Platting have odd fees associated with the activity. Staff Yes 006 GG01 0065010 461090 Zoning>6 Acres E $1,870 $1,900 $30 EA 10/11/2012 rounded the fees both up and down, generally to the Yes nearest$100 to allow ease of application for both staff Yes 006 GG01 0065010 461090 Zoning Verification E $22 $2 $3 EA 10/1/2012 006 GG01 0065010 461090 P&D Site Plan E $803 $800 ($3) EA 10/1/2012 and the customers. Example: Appeals interpretation fee Yes 006 GG01 0065020 431982 Residential Variance E $187 $200 $13 EA 10/1/2012 has been rounded down from $429 to $400; Platting Yes 006 GG01 0065020 431982 Non-Residential Variance E $374 $400 $26 EA 10/1/2012 Concept Plan rounded up from $880 to $900. From Yes $187 Zoning <1 Acre thru MTP Amendment fee revenue Yes 006 GG01 0065020 431982 Certain Owner-Occupied Special E $200 $13 EA 101112012 Exceofions Projection increase is$17,495 total for all. 006 GG01 0065020 431982 Interpretations E $429 $400 ($29) EA 10/112012 Yes 006 GG01 0065030 461903 Concept Plan E $880 900 EA 10/1/2012 Yes 006 GG01 0065030 461903 Preliminary Plat<75 Acres E $676 $700 $24 EA 10/1/2012 Yes 006 GG01 0065030 461903 Preliminary Plat>75 Acres E $11 $15 $4 EA 110/11/2012 Yes 006 GG01 0065030 461903 Final Plats&Replats,<3 Lots E $341 350 9 EA 10/112012 Yes a 006 GG01 0065030 461903 Final Plats&Replats>3 Lots E $17 $2 $3 EA 10/1/2012 A Yes $473 $500 $27 Yes GG01 006 0065030 461903 lReplats with Public Hearing E EA 10/1/2012 006 G1301 0065030 461903 Plat Vacation E 1 $473 $400 1 ($73) EA 101112012 3 t, Yes 006 GG01 10065030 461903 Plat Correction E $77 $50 1$27) EA 10/1/2012 Yes 006 GG01 10065030 461903 Street Alley Vacations E $676 $700 $24 EA 1011/2012 Yes 006 GG01 0065030 461903 Access Easement Vacation E $407 $400 ($71 EA 10/1/2012 Yes 006 GG01 0065030 461903 Street Name Change E $682 $700 $18 EA 10/1/2012 Yes 006 GG01 0065030 461903 ETJ Letter(Annexation)<75 Acres E $682 $18 EA 10/1/2012 $700 Yes 006 GG01 0065030 461903 Annexation>75 Acres E $6 $10 $4 -EA 10/1/2012 Yes 006 GG01 0065030 461903 Limited Purpose Annexation E $2,970 $3,000 $30 EA 1011/2012 Yes 006 GG01 0065030 461903 MTP Amendment E $676 $700 $24 EA 101112612 Yes httpJ/apps.cfwnet.orgle mciVAttactiments/17495/Copy of FY2013 Pmp..d Fft Increase-PD firm vemlon for rriiic-xls 4:17 PM9125/2012 3/4 PROPOSED FEE CHANGES GENERAL FUND FY2013 s, a ��":'. , REV E � �r .�, �';��;•#\ �, ;-. �?•�.:. ��:•,,,.., � �,.. ..':�•,� F.-_ :.�a f„.::. ,. .,�: .tea e v:,z� ,.. ;.:' -his:, �"• '. - ,, �- "�,_� +. (NEVY;�r.. ,.,.::.. ..,:.,.•.�^' ,. � .PROJECTION Sa .;, oclltic AGiQ4 € .. - "NEY11ls. ,EPi ESTI ,lfPra edPesa Qrdii d PIKE Iii SG tt?AtPIILPtSE ka ��\ ��' �� .. httpJ/apps.cfwnel.oigle mciVAttechmerdsl17495/Copy of FY2013 Proposed Fee Increase-PD firel version for m&c,)ds 4:17 PM9125/2012 4/4 PROPOSED FEE CHANGES GENERALFUND FY2013 .. REVENUE •ate r �, w ;s r'i �JEC��70N 'z�` �' n, •:.� iii"•' iRlsc r R� p, � ; IINp• ����� �.�.:FEE DESCRIPT tPURP.G! EX4 f i Mlp!/apps.efwneLorWl unciVAtlachmenLs4174051Copy of FY2013 Proposed Fee Incr-a PD final version for m&caL5 4:17 PM9125/2012 City of Fort Worth, Texas Mayor and Council Communication a couNc�l�Ac�� � �►pp�o�e� n 9� �zo1 ora�n�►� +� l� �t�����a��"z��2s-©9 DATE: Tuesday, September 25, 2012 REFERENCE NO.: G-17689 LOG NAME: 06PLNDEVFEES SUBJECT: Authorize Adoption of Ordinances Adjusting Certain Planning and Development Department Fees Related to the Building, Residential, Mechanical, Plumbing, Electrical and Sign Codes and Zoning and Platting Applications (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance revising fees in the Building, Residential, Mechanical, Plumbing, Electrical, and Sign Codes of the City of Fort Worth; 2. Adopt the attached ordinance amending the Building, Residential, Mechanical, Plumbing, Electrical, Plumbing and Sign Codes of the City of Fort Worth to provide for contractor registration and related fees; 3. Adopt the attached ordinance revising fees in Article XII, Fee Schedules of Chapter 2 Administration of the City of Fort Worth relating to zoning and platting applications; and 4. Adopt the attached ordinance amending Section 3210 of the Building Code of the City of Fort Worth to revise the fees related to encroachment Agreements. DISCUSSION: The last major fee adjustment within the Planning and Development Department occurred on September 26, 2006 (M&C G-15417 and M&C G-15418). The fees increased 10 percent across the board. Since that time, the City engaged the Willdan Group and surveyed other cities to determine market fee levels. These efforts indicated that most of the City's development fees have room for adjustment to remain within the targeted 50 to 60 percentile of surveyed cities. In April of 2012, the Planning and Development Department began implementation of Automation, a new city-wide permitting software system. Additionally, it is expected that the Planning and Development Department will purchase and implement a new electronic plan review software system by October 2013. Combined, the new software improvements will cost the City more than $1,000,000.00 for implementation and increase the annual operating budget by more than $150,000.00 for maintenance costs. These technology and other process improvements are a result of an interdepartmental effort aimed at improving the City's development processes. Staff has proposed adjustments in service categories that are either currently unfunded or underfunded, market adjustments for fees that are generally below regional or national medians, and minor rounding of zoning and platting fees. Logname: 06PLNDEVFEES Page 1 of 2 As part of the fee review process, Staff met with various stakeholder groups such as the Greater Fort Worth Real Estate Council, the Greater Fort Worth Builders Association, TEXO and the Development Advisory Committee. It is expected that the fee adjustments will result in approximately$663,996.00 in additional revenue. This revenue is assumed in revenue projections for the Fiscal Year 2013 budget. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: David Hall (7844) Logname: 06PLNDEVFEES Page 2 of 2