ORDINANCE
NO. 190211
Amending Chapter 18, Buildings and Building Regulations, and Chapter 64,
Streets, Sidewalks and Public Places, by repealing Sections 18-20, 64-4, 64-78,
and 64-371 and enacting in lieu thereof
new sections of like numbers
and subject matters for the
purpose of adjusting fees to reflect
changes in the consumer price index; and establishing an effective date.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 18, Code of Ordinances, is hereby amended by repealing Section 18-20, Fees, and
enacting in lieu thereof a new
section of like number and subject matter
for the purpose of adjusting fees
to reflect changes in the consumer price index,
to read as follows:
Sec. 18-20. Fees.
(a) Generally.
Fees relating to work regulated by this chapter shall be assessed in accordance
with the provisions of this section. A permit shall not be valid until the fees
prescribed by law have been paid, nor shall an amendment to a permit be
released until the additional fee, if any, has been paid. The payment of the
fee for the construction, alteration, removal or demolition for work done in
connection to or concurrently with the work authorized by a building permit
shall not relieve the applicant or holder of the permit from the payment of
other fees that are prescribed by law.
(b) Permit
fees.
(1) Valuation of construction. The determination of the
value or valuation under any of the provisions of these codes shall be made by
the building official. The value to be used in computing the permit and plan
review fees shall be the total value of all construction work for which the
permit is issued. Separate values or valuations shall be computed and separate
permits shall be obtained and separate plan review fees shall be paid for each
building or structure included in an application for permits. Fees may be
waived at the discretion of the building official during times of declared
emergency.
(2) One- and two-family detached dwelling building,
mechanical, plumbing, electrical, elevator and fire protection permit fees.
One- and two-family detached dwelling building, mechanical, plumbing,
electrical, elevator and fire protection permit fees are as follows:
Total Valuation
Fee
$0.00—$1,000.00
..... $52.00
$1,001.00—$2,000.00
..... $58.00
$2,001.00—$100,000.00:
For the first
$2,000.00 ..... $58.00
Plus, for each
additional $1,000.00 or fraction thereof, to and including $100,000.00 .....
$4.33
$100,001.00 and
over:
For the first
$100,000.00 ..... $483.00
Plus, for each
additional $1,000.00 or fraction thereof ..... $1.41
(3) Building, mechanical, plumbing, electrical, elevator
and fire protection permit fees for other than one- and two-family detached
dwellings. Building, mechanical, plumbing, electrical, elevator and fire
protection permit fees for other than one- and two-family detached dwellings
are as follows:
Total Valuation
Fee
$0.00—$500.00
..... $52.00
$501.00—$2,000.00
..... $93.00
$2,001.00—$200,000.00:
For the first
$2,000.00 ..... $93.00
Plus, for each
additional $1,000.00 or fraction thereof, to and including $200,000.00 .....
$14.00
$200,001.00—$1,000,000.00:
For the first
$200,000 ..... $2,774.00
Plus, for each
additional $1,000.00 or fraction thereof, to and including $1,000,000.00 .....
$9.00
$1,000,001.00
and over:
For the first
$1,000,000.00 ..... $9,965.00
Plus, for each
additional $1,000.00 or fraction thereof ..... $3.90
(4) Demolition permit fees. Demolition permit fees are
as follows:
a. One- and two-family dwellings and detached accessory buildings
per building ..... $90.00
b. All other structures ..... $221.00
c. Pre-demolition inspection fee. A pre-demolition
inspection fee shall be paid to the building official prior to a pre-demolition
inspection being performed. The pre-demolition inspection fee shall not apply
towards the demolition permit fee and shall be assessed as follows:
One and two family detached dwellings per building ..... $38.00
All other buildings per building ..... $106.00
(5) Sign permit fees. Sign permit fees are as follows:
Type of Sign
Fee
a. Combination and freestanding signs:
1. Up to and including 20 square feet ..... $142.00
2. And for each additional 20 square feet or fraction thereof
..... $24.00
b. Flat
wall signs:
1. Up to and including 300 square feet ..... $141.00
2. And for each additional 300 square feet or fraction
thereof ..... $24.00
c. Marquees:
Each marquee ..... $467.00
d. Roof
signs:
1. For surface area not to exceed 300 square feet .....
$467.00
2. And for each additional 300 square feet or fraction
thereof ..... $118.00
e. Temporary
signs (displayed not longer than 60 days):
Each sign ..... $54.00
f. Outdoor
advertising signs:
Fees shall be
calculated as required for freestanding signs. Each face of such signs shall be
calculated separately for permit fee calculations.
Outdoor
advertising sign pre-permit inspection fee. An outdoor advertising sign
pre-permit inspection fee shall be paid to the building official prior to an
outdoor advertising sign pre-permit inspection being performed. The outdoor
advertising sign pre-permit inspection fee shall not apply as part of the sign
permit fee.
Each sign .....
$337.00
(6) Supplementary permit fees. The fee for a
supplementary permit to cover any additional value not included in the original
permit shall be the difference between the fee paid for the original permit and
the fee which would have been required had the original permit included the entire
value. The minimum supplemental permit fee assessed shall be $54.00
(7) Partial permit fees. When a permit for the
construction of part of a building, structure, or building service equipment is
requested by the applicant, fees shall be determined in accordance with section
18-20(b)(2) and (3), based on the valuation of work to be performed, as
separate permit fees and not as supplementary fees. The minimum fee for a
partial permit shall be $83.00.
(8) Fast track permit fees. The fee for a fast track
permit issued prior to approval of plans review shall be $80.00. The fast track
permit fee shall be in addition to all other fees due.
(9) Building moving permit fee. The fee for a building
moving permit shall be $221.00
(10) Building moving pre-permit inspection fee. A
building moving pre-permit inspection fee shall be paid to the building
official prior to a building moving pre-permit inspection being performed. The
building moving pre-permit inspection fee shall be in addition to all other fees
due.
Each building
..... $106.00
(c) Construction
document review fees.
(1)
Initial construction document review fee. For other than one- and
two-family dwellings, when a construction document is required to be submitted,
a construction document review fee shall be paid to the building official at
the time of submitting the construction documents for review. Such construction
document review fee shall be one-half of the permit fee and shall be a credit
toward the total fee when the permit is issued.
(2)
Resubmittal construction document review fees. When previously
identified deficiencies remain uncorrected on subsequent submittals or when
items certified on the Checklist for Building Permit Construction Document
Submittal as being provided are omitted, a resubmittal construction document
review fee shall be assessed at the time of resubmittal of the discipline. This
fee shall be one eighth of the total permit fee for resubmittal deficiencies.
The fee for certified checklist omissions shall be $75.00. Such resubmittal
construction document review fee shall not apply as a credit toward the total
permit fee. Maximum resubmittal fee shall be as follows:
a.
One- and two-family dwelling construction document ..... $30.00
b.
Other than one- and two-family dwelling construction document .....
$295.00
(3)
Changes to previously reviewed plans. Review of such changes
shall be assessed a fee as follows:
a.
Minor reviews ..... $54.00
b.
Major reviews…½ of initial construction document review fee paid. The
director or designee shall have the authority to determine the extent of the
changes requested and the fee which shall apply. This fee shall be in addition
to any other fees required.
(4)
Scheduled express review fees. When scheduled express review is
requested by the applicant, a fee of $30.00 for
one- and two-family dwellings and a fee of $75.00 for all other structures
shall be assessed. Such fees shall be in addition to required permit fees.
Eligibility for scheduled express review service shall be determined by the
building official based on the complexity of the review and availability of
staff to perform the review.
(5)
Priority project review fee. When priority status is requested by
the applicant, a fee of two times the permit fee shall be assessed. Eligibility
for priority status shall be determined by the building official based on the
complexity of the project and availability of staff to perform the review.
(6)
Master plan review without permit application. When a master plan
is submitted for review without a corresponding permit application, a fee of
one-half the normal permit fee shall be assessed. This fee shall not be
credited to future permit applications.
(7)
Optional preliminary code review design meetings. When requested
by the applicant, preliminary code review meetings may be conducted and a fee
shall be assessed for other than one- and two-family detached dwellings as
follows:
a.
One- and two-family dwellings ..... no fee
b.
Proposed design less than 20,000 square feet ..... $75.00
c.
Proposed design 20,000 square feet to 40,000 square feet ..... $147.00
d.
Proposed design more than 40,000 square feet ..... $222.00
(8)
Re-review and stamping of lost construction documents to replace applicant's
reviewed field set of construction documents. Such review and stamping
shall be assessed a fee of 25 percent of the initial construction document
review fee paid with a minimum fee of $50.00. The maximum fee paid shall be
$561.00. Such fees shall be in addition to other required permit fees.
(9)
Stamping of additional sets of construction documents. One set of
reviewed construction documents shall be provided to the applicant upon permit
issuance. Stamping of additional sets of construction documents at the
applicant's request shall be assessed a fee of $24.00 per
set.
(10)
Nighttime building permits. The application fee for a nighttime
building permit shall be $68.00. Such fees shall be in addition to other
required permit fees.
(11)
Occupant load certificate fee. When requested by the applicant,
the occupant load of a building or portion of a building will be calculated and
a fee shall be assessed of $143.00.
(12)
Replacement of occupant load certificate or certificate of occupancy.
When requested by the applicant, a replacement copy of a previously issued
occupant load certificate or certificate of occupancy, if located, will be
generated. A fee shall be assessed of $36.00 per
request.
(13)
Floodplain certificate fee. The application fee for a floodplain
certificate shall be assessed as follows:
a.
One- and two-family dwelling floodplain certificate ..... $54.00
b.
Other than one- and two-family dwelling floodplain certificates .....
$112.00
(14)
Code compliance verification letter fee. When requested by the
applicant, information related to the status of property with regard to
building code and land use regulations will be retrieved and transmitted to the
applicant and a fee shall be assessed of $143.00.
(15)
Address change processing fee. When requested by the property
owner, address changes in compliance with addressing standards shall be
processed and a fee shall be assessed as follows:
a.
One and two family detached dwellings per building ..... $36.00
b.
All other buildings per building ..... $143.00
(d) Expiration
of permit. The fee to renew an expired permit shall be one-half the amount
required for a new permit for such work, provided no changes have been made or
will be made in the original construction documents for such work, and provided
further that any suspension or abandonment of the work has not exceeded one
year.
(e) Commencement
of work without permit.
(1)
Wherever any work for which a permit is required by this article has
been commenced without first obtaining a permit, a special investigation may be
made before a permit is issued for such work.
(2)
Where work for which any permit is required by this article is started
prior to obtaining the permit, the fee specified for such permit shall be
tripled. This provision shall not be construed as permission to begin work
without the required permit except as follows:
a.
In case of an emergency as set forth in section 18-16(a)(1)b.; or
b. In case the work is being done at a one-family dwelling by
the person who owns and occupies such dwelling and the permit is applied for
before the end of the workday following notification.
(f) Fee
refunds. Where no portion of the plan review for an application has been
commenced, or where no portion of the work covered by a permit issued by the
building official has been commenced, the applicant may request in writing that
the application or permit be canceled and the plan review or permit fee be refunded.
The applicant shall then be entitled to a refund of 90 percent of the
applicable fee actually paid, except that a full refund will be made when the
fee was paid or collected in error. Refunds will not be made for fees
representing work having been done prior to the time the fee refund request is
made. Under any circumstance, fee refund requests must be made within 180 days
after the date of payment if no permit is obtained, or 30 days after the permit
is canceled or expired.
(g) Fee for
certificate of occupancy.
(1)
Fee for certificate of occupancy not related to work under a building
permit. Where a certificate of occupancy is required other than in
connection with work under a building permit, the person applying for the
certificate shall, at the time of filing application therefore, pay to the
building official a fee as required for a team inspection in section 18-20(h).
If it is determined that work requiring a permit is necessary for issuance of
the certificate, this fee shall be applied toward the permit fee.
(2)
Temporary certificate of occupancy fees. When a temporary
certificate of occupancy is requested by the applicant in connection with work
under a building permit and conditions warrant issuance of a temporary
certificate of occupancy pursuant to section 18-23(d) of this chapter, a fee
shall be assessed according to the following schedule:
a.
Residential one- and two-family dwellings, townhouses and associated
accessory structures:
1st temporary
certificate ..... $0.00
2nd and
subsequent certificates ..... $222.00
2nd and
subsequent certificates when certificate is over 5 working days expired .....
$444.00
b.
All other structures:
1st temporary
certificate ..... 0.00
2nd and
subsequent certificates ..... $444.00
2nd and
subsequent certificates when certificate is over 5 working days expired .....
$888.00
The building
official is authorized to develop written procedures by which the renewal fee
may be waived due to special circumstances.
(h) Inspection
fees.
(1)
Certificate of inspection for underground spaces. Inspection and
certification of underground space pursuant to section 18-21(g)(2) of this
chapter shall be performed by the building official upon payment of a fee of
$368.00 payable upon application for certificate
of inspection.
(2)
Certificate of inspection for elevators. The fee for the
administration of and or inspections and testing of elevator equipment pursuant
to section 18-21(g)(1) of this chapter shall be of $135.00 for the first three
floors, or 30 feet of travel, plus $11.00 for each additional three floors, or
30 feet of travel or fraction thereof. The elevator equipment owner or
maintainer shall remit these fees within 60 days of billing. The elevator
equipment inspection and tests shall not be scheduled or performed until these
fees have been received. Failure to remit these fees within the 60 days will
result in a $17.00 additional administrative fee
associated with the cost of the re-billing process for each piece of elevator
equipment being billed. All called-for inspections or tests to be performed by
department of city planning and development inspectors shall be subject to a
minimum fee of $34.00 per each piece of elevator equipment scheduled for
inspection and test, if the inspection test is not made or is not completed and
the department of city planning and development inspector has appeared at the
inspection test site, ready to inspect or observe the test, or the scheduled
inspection and test is either canceled or rescheduled less than three working days
prior to the scheduled date. Payment of fees associated with the failure to
perform an inspection and test scheduled with department of city planning and
development inspectors is the responsibility of the registered elevator
contractor who scheduled the elevator equipment inspection and test. All fees
outlined above are due and payable to the department of city planning and
development even when the inspection and testing is performed by a qualified
person authorized by the enforcing authority.
(3)
Fee for follow-up inspection per state requirements. The fee for
a follow-up inspection of elevator equipment by city personnel pursuant to the
Elevator Safety Act and Rules of the State of Missouri shall be $73.00. The fee
shall be waived if the inspection is performed at the same time as a follow-up
inspection pursuant to section 18-21(g)(1) of this code. The fee, when
required, shall be paid before the follow-up inspection is performed.
(4)
Certificate of inspection for communication towers. Inspection
and certification of communication towers pursuant to section 18-21(g)(3) of
this chapter shall be completed by the building official upon payment of a fee
of $147.00 payable upon application for
certificate of inspection.
(5)
Certificate of inspection for multilevel parking station structures.
Inspection and certification of multilevel parking station structures pursuant
to section 18-21(g)(3) of this chapter, parking stations shall be completed by
the building official upon payment of a fee of $295.00 payable
upon application for certification of inspection.
(6)
Reinspection fees. When work for which an inspection is requested
is not complete (not ready when inspector arrives) or when deficiencies
identified on two previous inspection events have not been completed a fee of
$75.00 shall be assessed and no further
inspections shall be completed until such fee is paid.
(7)
Inspections outside of normal business hour fees. When the permit
holder requests inspections outside of normal business hours, a fee of $60.00
per hour, to include travel time, with a minimum fee of $238.00 shall be assessed for such service. Eligibility for
inspections outside of normal business hours shall be determined by the
building official based upon the nature of inspections requested and the
availability of staff to perform the inspections.
(8)
Team inspection fee. When requested by the applicant, the
building official may conduct a team inspection of a site/building for the
purpose of providing the applicant a written assessment of code issues which
may assist the applicant in planning a project or in problem solving.
Eligibility for team inspections shall be determined by the building official based
upon the nature of inspections requested and the availability of staff to
perform the inspections. A fee, payable prior to the inspection being
performed, shall be assessed as follows:
a.
Buildings/projects less than 20,000 square feet ..... $299.00
b.
Buildings/projects 20,000 square feet to 40,000 square feet .....
$396.00
c.
Buildings/projects more than 40,000 square feet ..... $495.00
(9)
Electrical service reconnect fee: When a request is made by a
property owner for an inspection of an existing electrical service for the
purpose of approving the electric utility connection, a fee of $54.00 shall be assessed. If it is found that work requiring
an electrical permit is required, this fee may be credited toward the permit
fee.
Exception:
Reconnection of a service due to a fire occurring within the 90 days prior to
the request.
(i) Code
modification request fees. Code modification requests (CMR) submitted
pursuant to section 18-6 of this chapter shall be assessed the following fees:
(1)
One- and two-family dwellings per dwelling unit ..... $53.00
(2)
All other structures per building or tenant space, whichever is greater
..... $112.00
(3)
When multiple units of one and two-family dwellings are submitted for
the same project in the same request, or when multiple buildings or tenant
spaces for all other structures are submitted for the same project in the same
request, the maximum fee will be ..... $590.00
(4)
Requirements contained in article XII, contractors, division 3,
licensing ..... $53.00
(j) Building
and fire codes board of appeals fees.
(1)
One- and two-family dwellings per dwelling unit ..... $53.00
(2)
All other structures per building or tenant space, whichever is greater
..... $112.00
(3)
When multiple units for one- and two-family dwellings are submitted for
the same the same project, in the same request, or when multiple buildings or
tenant spaces for all other structures are submitted for the same project in
the same request, the maximum fee will be ..... $590.00
(4)
Requirements contained in article XII, contractors, division 3,
licensing ..... $53.00
(5)
Continuance requested by appellant…one half of original filing fee
(6)
No filing fee will be charged for appeals of decisions on code modification
requests.
(7)
Special exception to issuance of floodplain certificate ..... $112.00
(k) Contractor
license application fee ..... $60.00
(l) Contractor
license fees. The quadrennial fees for contractor licenses shall be .....
$181.00
See section
18-327 for list of applicable license classes.
Contractor
license fees shall not be refundable.
(m) Certificate
of qualification application fee ....... $60.00
(n) Certificate
of qualification renewal fee. The quadrennial renewal fee for all
certificates of qualification shall be $181.00, except that the certificate fee
shall be waived for employees of the city who work for the city as tradesmen or
inspectors. Certificates of qualification shall be issued at no charge for the
first four years and shall be renewed quadrennial thereafter at the rate
established by this chapter.
(o) Encroachment
fees.
(1)
Encroachment permit application fee. Applications submitted
pursuant to section 18-40 (chapter 32 of the International Building Code, as
amended) of this chapter for approval of private use of public property shall
be assessed an application fee of $147.00. This fee is not intended to
represent any rental or other payments that may also be required by the city.
(2)
Encroachment license fee. Encroachment into the right-of-way will
be subject to the imposition of an annual license fee of $63.00 plus $0.63 per square foot of encroachment. Aerial
(over seven feet above grade) or underground encroachments shall be charged
$63.00 plus $0.31 per square foot. Encroachments
granted to the State of Missouri and the United States will not require payment
of an encroachment fee because it is in the public interest to permit such
encroachments without additional costs to these public entities.
(p) Adjustment
of fees. The city manager shall have the authority to adjust the fees
listed above, except sections 18-20(b)(2) and 18-20(b)(3), to reflect the
change in the consumer price index (all items/all urban consumers/Midwest
urban) published by the United States Department of Labor, Bureau of Labor
Statistics. The adjustments, if any, shall be made annually by the city manager
in conjunction with the adoption of the annual budget of the city by filing a
notice with the city clerk.
Section 2. That Chapter 64, Code of Ordinances,
is hereby amended by repealing Section 64-4, Construction or repair by property
owners of facilities in adjacent right-of-way, and enacting in lieu thereof a new section of like number
and subject matter for the purpose
of adjusting fees to reflect changes
in the consumer price index, to read as follows:
Sec. 64-4. Construction or repair by property owner of
facilities in adjacent right-
of-way.
(a) Definitions.
As used in this section:
Director means the
director of city planning and development of the city unless otherwise defined
herein.
Improvement means new or a
modification of existing curbs, gutters, driveways from curb to property line,
sidewalks, sewers, street lighting systems, stream buffer protection
requirements and appurtenances by a change in grade, construction, repair or
reconstruction authorized under this section.
Owner means the
person, persons, or any legally recognized entity holding title to real
property.
Permittee means an owner
of private property, or the owner's representative or contractor a holding a
special permit issued pursuant to this section.
Plan means a
drawing, sketch, report, or document prepared in accordance with adopted city
standards and codes to convey a design, improvement or repair, and submitted
for review and permitting pursuant to this section.
QCR means quality
control review, a process of checking a plan submittal application or
resubmittal for completeness against a certified submittal checklist that the
applicant has prepared and attached to the plan prior to acceptance for
technical review.
RCR means review
comment resolution, a service provided to communicate and clarify review
deficiencies.
Special permit means a permit
issued by the director pursuant to this section for the construction or
preparation for construction and maintenance thereto of an improvement,
including site disturbance activities that are performed in accordance with
chapter 63 of the Code under this permit.
Work means any
activity that involves construction or preparation for construction of an
improvement.
(b) Permit
required: issuance of permit. The director is hereby authorized to issue a
special permit, upon request, to owners of private property, or their
representatives or contractors, to make improvements, at their own expense, in
the public streets or alleys adjacent to or running through their property, if
the director determines that such improvements are reasonably necessary. No
person shall begin any such work until such permit therefor has been issued.
(c) Authorization
of work under building permit. Authorization for construction of such
sidewalks and driveways within street rights-of-way adjacent to any lot on
which a residential building is proposed may. at the option of applicant, be
included in the building permit for that structure.
(d) Application,
review process and fees.
(1)
Application. Each applicant
for a special permit shall complete an application in the form provided by the
director. The name of the applicant and lead contact shall appear on the
application. The applicable fees pursuant this section shall be paid at the
time of filing for review, resubmittal, and permit issuance. After review of an
application, the director shall notify the applicant of such further action and
reviews as necessary. If an application is approved, the applicant may procure
all required permits for the work within 365 days. If all required permits for
the work have not been procured, then the approval of the application shall be
null and void, provided that the director may waive reapplication for plan
review or may extend the time for action by the applicant for a period not to
exceed 180 days upon request by the applicant if the director determines that
there exist circumstances beyond the control of the applicant preventing
procurement of permits for the work. Not more than one extension shall be
allowed. Thereafter, a new application and new fee shall be required. Plans and
other data submitted for review may thereafter be returned to the applicant or
destroyed by the director.
(2)
Estimated
cost of construction.
The determination of the estimated cost of construction under any provision of
this section shall be made by the director. The estimated cost of construction
to be used in computing the special permit fee and associated review fees shall
be based on the total costs of similar construction at the time of application
for review or permit issuance.
(3)
Major
infrastructure reviews and permit fees. As a condition for issuance of a
special permit pursuant this section for grading, improvements to streets,
alleys, streetlights, streetlight signals, storm sewers, stream buffer
protection requirements, and sanitary sewers, the applicant shall pay a basic
plan fee in an amount equal to 8.40 percent of the estimated cost of the
construction, and such other fees as set forth herein, to defray the cost of
plan review services, quality control review (QCR) services, review comment
resolution (RCR) services, resubmittal review services, permitting services,
supervision, and inspection services. The basic plan fee shall be composed of
both an initial technical plan review fee for plan review services, (QCR)
services, and (RCR) services in an amount equal to 3.65 percent of the
estimated cost of the construction, and a permitting fee for permitting
services, supervision and construction inspection in an amount equal to 4.75
percent of the estimated cost of the construction. In no case shall the basic
plan fee be less than $1,000.00 per permit per month of permit duration, or any
extension thereof.
An applicant shall submit a plan for QCR
and certify that all of the necessary plan components are contained in the plan
as required by the special permit submittal checklist. If as certified, all of
the plan components have been submitted, but the submittal fails QCR for other
omissions or deficiencies not set out in the checklist, no additional fee will
be charged for subsequent QCR submissions by the applicant, if any, required by
the director. If any QCR determines that plan does not contain all of the
components certified by the applicant, then the applicant shall pay the city an
additional fee of $70.00 for each subsequent submittal for QCR made necessary
by applicant's failure to satisfactorily cure the deficiencies.
If the plan passes QCR, then the plan
shall be submitted for technical review of the plans and applicant shall pay
the initial technical plan review fee in an amount equal to 3.65 percent of the
estimated construction cost. If after the initial technical review the director
determines that there are technical deficiencies in the plan, the director
shall notify applicant of the deficiencies and offer RCR services, and
applicant may resubmit the plan for a second technical review without an
additional review fee. Prior to a second technical review the applicant shall
submit a revised plan for QCR and certify that all of the necessary plan
components, additions, or changes previously noted by the director are
contained in the plan. If any QCR determines that plan does not contain all of
the revised components certified by the applicant, then the applicant shall pay
the city an additional fee of $65.00 for each subsequent QCR made necessary by
applicant's failure satisfactorily cure the QCR deficiencies. On second
technical review and all technical reviews thereafter, if the director
determines that the applicant has failed to satisfactorily cure the technical
deficiencies previously noted on prior technical reviews, then the applicant
shall pay the city an additional resubmittal technical review fee in an amount
equal to 0.30 percent of the estimated cost of construction for each subsequent
technical review made necessary by applicant's failure to satisfactorily cure
such deficiencies.
If after the technical review the
director determines that the plan application is in substantial compliance with
city's regulations and adopted standards, the director shall notify applicant
of application approval for permit issuance. The applicant shall pay the
permitting fee in an amount equal to 4.75 percent of the estimated cost of
construction and procure all required permits as provided in subsection (h)(1).
The determination that the plan is in compliance with city regulations does not
imply that the city is guaranteeing specific outcomes nor is the city accepting
any responsibility for the plan.
(4)
Minor
infrastructure reviews and permit fees. As a condition for issuance of any
permit pursuant to this section for new sidewalks, driveways, curbs and gutter
sections, the basic plan, permitting services, supervision and inspection fee
shall be an amount equal to seven percent of the estimated cost of the new
work, but in no case shall the fee be less than $155.00. As a condition for
issuance of any permit under this section for the repair or replacement of
existing sidewalks, driveways, curbs and gutter sections, the basic plan fee
for initial permitting services, supervision, and inspection services shall be
an amount equal to five percent of the estimated cost of the repair or
replacement, but in no case shall the fee be less than $155.00.
(5)
Sidewalks
and driveways.
Where authorization for the construction of sidewalks and driveways within
street rights-of-way. required by ordinance, adjacent to any lot for which a
residential building is proposed, is included in a building permit, such fee
shall be $81.00 for interior lots and $122.00 for corner lots. Such fees shall
be collected as part of the building permit fee.
(6)
Supplementary
fees.
The fee for a supplementary review and special permit to cover any additional
value or scope of work not included in the original permit shall be the
difference between the fee paid for the original application or permit and the
fee which would have been required had the original application or permit
included the entire value and scope of the work. The minimum supplemental
special permit fee assessed shall be $1,036.00.
(7)
Optional
preliminary code review meetings or consultation services. When requested
by the applicant, meetings may be conducted to review the requirements and/or
codes pertaining to the applicant's project and a fee shall be assessed at the
time of the meeting based on the value of the infrastructure improvement as
follows:
a.
Project
total value less than or equal to $2,000 ..... no fee
b.
Project
total value greater than $2,000 and less than or equal to $10,000 ..... $69.00
c.
Project
total value greater than $10,000 and less than or equal to $50,000 ..... 136.00
d.
Project
total value greater than $50,000 ..... 205.00
These fees shall
be in addition to any other fees required.
(8)
Priority
project review fee.
When priority status is requested by the applicant, a fee of two times the fee
shall be assessed. Eligibility for priority status shall be determined by the
director, or director's designate, based on the complexity of the project and
availability of staff. These fees shall be in addition to any other fees
required.
(9)
Changes
to reviewed plans.
Review of such changes shall be assessed a fee at the time of the review based
on the scope of the review as follows:
a. Minor
reviews - changes requiring limited review ..... $54.00
b. Major
reviews - changes requiring review of design elements ..... ½ of
basic plan fee
The director or designee shall have the
authority to determine the extent of the changes requested and the fee which
shall apply. This fee shall be in addition to any other fees required.
(10)
Permit
extension fee.
Applicant may request an extension of a permit duration and pay a fee
sufficient to cover the additional administrative and inspection costs
associated with the extension. Extension fees shall be individually calculated
based on staff estimates for each permit extension requested.
(11)
Reinspection
fees.
When testing of infrastructure does not pass on the first inspection, a fee of
$75.00 shall be assessed and no further
inspections shall be completed until such fee is paid.
(12)
Enforcement
fees.
When enforcement actions are necessary above normal notification of
deficiencies, a fee shall be assessed to cover the additional administrative,
review and inspection costs of enforcement actions. The enforcement fees shall
be individually calculated based on staff estimates for each permit and the
additional costs spent on the enforcement. This shall include enforcement
actions taken to acquire as-built records required on sewer permits. These fees
shall be in addition to any other fees required or court fines imposed and paid
to the Court.
(13)
Payment
of fees.
All fees shall be rounded off to the next whole dollar amount. Fees may be
waived at the discretion of the director during times of declared emergency.
(14)
Fee
refunds.
For fees specified in this section, if no portion of the application for plan
review or permit inspection has commenced, the applicant may request in writing
that the application be canceled. The applicant shall then be entitled to a
refund of 90 percent of the applicable fee actually paid, except that a full
refund will be made when the fee was paid or collected in error. If plan
reviews or permit inspections have commenced prior to receipt of a written
request for cancellation of the application for a special permit, then a refund
will not be made. No refund will be made if a request for a refund has been
made more than 30 days after the special permit has expired and no work has
commenced.
(15)
Plans
and specifications.
a.
Plans
for the work shall be prepared by such owners and submitted to the director for
his approval. The plans shall indicate the location, extent and character of
the proposed work, and include an estimate of the amount of the various
materials, installation and services to be incorporated in the work. The plans
shall have cross sections, profiles and other information as are ordinarily
included in plans prepared in the office of the director for like work. The
plans and work shall conform to the standard specifications of the city for
public work of like character.
b. All
work shall be subject to the direction and supervision and to the satisfaction
of the director.
(e) Sewer
construction.
(1)
The
grant of a special permit and the construction of the sewers or appurtenances
by owner pursuant to this section does not exempt the property served by such
improvements from any special assessment issued for the construction of sewers
by the city in the districts or in the joint districts now or hereafter
established by the city, and the city shall not be bound by the owner's
construction of any sewerage improvements to determine whether the properties
served by owner's improvements constitute a separate sewer district or
districts. All sewers constructed by owner pursuant to this section shall
become the property of the city upon acceptance by the director, and the city
shall have the right and power to make use of, to reconstruct or to change such
sewers to provide for the proper sewering of the drainage area.
(2)
Nothing
in this subsection shall be construed to mean that the owner or owner's assigns
shall be denied the right to use the sewers up to the approved designed
capacities, as approved by the director of health and the director. Acceptance
of the completed improvements by the director shall be made only after receipt
of reproducible as-built plans.
(3)
The
director is hereby authorized to refuse the issuance of building permits or
sewer construction permits for any residence, building or structure where such
an addition, as determined by the director, would result in exceeding the
design capacities of the sewers or sewerage facilities authorized in the
special permit. The director may charge appropriate fees for evaluation of
sewer connection requests and issuance of sewer connection permits to cover the
additional administrative review and permit issuance costs associated with the
connection. Connection fees shall be individually calculated based on staff
estimates for each permit connection requested.
(f) Performance
and maintenance bond.
(1)
The
director shall require the permittee to furnish a performance and maintenance
bond, approved by the director of finance, equal to the estimated cost of the work;
unless authorization for the construction of sidewalks and driveways within
street rights-of-way, required by ordinance, has been granted by inclusion of
those improvements in the building permit; and unless the requirement is waived
as provided in subsection (f)(2) and (f)(3) of this section. The bond shall
guarantee performance and completion of the work to the satisfaction of the
director, within a time limit specified on the special permit. The following
types of work shall also require the bond to guarantee maintenance without the
need of any repair for two years:
a.
Grading.
b.
Curb,
gutters, sidewalks and driveways.
c.
Portland
cement concrete and asphaltic concrete pavement, and other street
appurtenances.
d.
Sewers
and appurtenances.
e.
Stream
buffer protection requirements.
(2)
No
maintenance bond is required for street lights or site disturbance activities.
(3)
No
performance and maintenance bond is required for the repair or replacement of
existing sidewalks, curbs or driveways provided the sidewalks, curbs or
driveways being permitted are not associated with improvement obligations
established under chapter 88 of the Code.
(4)
The
director shall accept a single bond in accordance with the above for a two-year
period, when said bond covers all required improvements and guarantees thereto
in accordance with section 88-405-21.
(5)
The
director may take action against the security if the applicant fails to
install, complete or maintain the improvement in accordance with the special
permit and the city's adopted standards for the duration of the permit. The
director will provide the applicant with ten days written notice before any
action is taken against the security.
(g) Indemnification
of city during construction. Before any permit is issued pursuant to this
section, the permittee shall file a bond conditioned to protect and save
harmless the city from all claims for damage or injury or death to other
persons by reason of such construction work; or in lieu of such bond the
permittee may file with the city a certificate of public liability insurance in
favor of the city, indemnifying the city for claims for damage or injury. The
limits and liability of the bond or insurance shall not be less than the
following:
(1)
Personal
injury, each person: $100,000.00;
(2)
Personal
injury, each occurrence: $300,000.00;
(3)
Property
damage, each occurrence: $50,000.00; and
(4)
Property
damage, aggregate: $100,000.00;
with the bond or
insurance sureties to be approved by the director of finance.
(h) Commencement
of work without permit. Whenever any work for which a special permit is
required by this section has commenced without first obtaining a special
permit, a special investigation may be made before a special permit is issued
for such work and all fees specified for obtaining such permit shall be
tripled. This provision shall not be construed as permission to begin work
without the required permit.
(i) Penalty.
(1)
Any
person, whether owner, representative, contractor, subcontractor or foreman,
who shall grade, construct, repair, reconstruct or alter any public street,
pavement, curb, gutter, driveway, sidewalk or sewer within any public way, or
any public sewer adjacent to or running through any private property within a
public right-of-way, without first securing a special permit therefore, issued
by the director, shall be deemed guilty of an ordinance violation, and upon
conviction thereof shall be fined in an amount not less than $52.00 and not
more than $518.00.
(2)
For
every day after the conviction of any person for the violation, failure,
neglect or refusal to comply with any provision, regulation or requirement of
this section, that such violation is continued, such person shall be deemed and
taken to be guilty of a separate and distinct offense, for which he may be
again arrested and tried, and, upon conviction, be punished as in the first
offense.
(j) Adjustment
of fees. The city manager shall have the authority to adjust the fees
listed above, except in subsection (d)(3), to reflect the change in the
consumer price index (all items/all urban consumers/Midwest urban) published by
the United States Department of Labor, Bureau of Labor Statistics. The
adjustments, if any, shall be made annually by the city manager in conjunction
with the adoption of the annual budget of the city by filing a notice with the
city clerk.
Section 3. That Chapter 64, Code of Ordinances, is hereby amended by
repealing Section 64-78, Fees for establishing or change of grade, and enacting
in lieu thereof a new
section of like number and subject matter
for the purpose of adjusting fees
to reflect changes in the consumer price index,
to read as follows:
Sec. 64-78. Fees for establishing or
change of grade.
(a) Any person
seeking to establish the grade of any street within the city pursuant to
chapter 66 or filing a petition to change the grade of any street within the
city shall obtain a written estimate of the cost of publication and all other
expenses incident to the preparation of such ordinances necessary to authorize
such action from the city clerk, and shall deposit with the commissioner of
accounts a sum of money equal to the amount of such estimate to be held in a
grade change account and paid out as provided in this section.
(b) Upon receiving
any deposit required by subsection (a), the commissioner of accounts shall
issue duplicate receipts therefore, containing the name of the person
depositing the money, the amount thereof, and a description of the street
affected, by the grade change. A copy of the deposit receipt shall be delivered
to the person making the deposit and a copy shall be delivered to the director
of finance. The deposit shall be delivered to the city treasurer, who shall
keep a separate account of each deposit and shall place the deposit to the
credit of the change of grade account.
(c) In addition
to the deposit required in subsection (a) of this section, any person seeking
to establish the grade of any street within the city pursuant to chapter 66 or
filing a petition to change the grade of any street within the city shall also
pay a fee in the amount of $377.00 to the city
at the time the petition is filed to defray the cost incurred by the city
planning and development department for the preparation of the grade ordinance
and other documentation that may be required. Said fee shall be deposited to an
account established for the department of city planning and development for
right-of-way service charge-outs.
(d) The city
manager shall have the authority to adjust the fee listed in Section (c) to
reflect the change in the consumer price index (all items/all urban
consumers/Kansas City, Missouri/Kansas) published by the United States
Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall
be made annually by the city manager in conjunction with the adoption of the
annual budget of the city by filing a notice with the city clerk.
Section 4. That Chapter 64, Code of Ordinances, is hereby amended by
repealing Section 64-371, Permit required; exemptions; fee for the purpose of
adjusting fees to reflect changes in
the consumer price index and enacting in lieu
thereof anew section of like number and subject matter, to read as follows:
Sec. 64-371. Permit required;
exemptions; fee.
(a) Permit
required. No privately owned transformer shall be maintained or erected
within or over any street, alley or other public property belonging to or under
the care of the city until such owner has applied for and received a revocable
permit from the Director of City Planning and Development.
(b) Fee.
The fee for such permit shall be $27.00, to be deposited by the owner with the
commissioner of buildings and inspections at the time the application is filed
and to be returned to the owner if the application is denied.
(c) Exemptions.
Nothing in this section shall apply to a transformer located in or on private
property or to one owned by a public utility, or to one covered by any
provision of the building code of the city.
Section 5. That this
ordinance shall take effect on May 1, 2019.
Approved as to
form and legality:
Katherine
Chandler
Assistant
City Attorney