RESOLUTION NO. 34623516

A RESOLUTION ESTABLISHING PLAN REVIEW, PERMIT, AND INSPECTION FEES; RESCINDING RESOLUTION NO. 3352 AND RESOLUTION NO. 29063462.

WHEREAS, the City of Overland Park has adopted Title 13, Streets and Sidewalks, Title 15, Public Improvements, Title 16, and Construction, and Title 18, Unified Development Ordinance; all of the Overland Park Municipal Code which regulates construction on land within the City; and

WHEREAS, it is desirable to establish fees to offset the costs in administering said Titles 13, 15, 16, and 18 caused by the processing of applications, review of plans, and inspections; and

WHEREAS, it is established by ordinance that fees shall be determined by resolution of the Governing Body for application of permits.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS:

The following fees are established based on the descriptions listed below. Where specific descriptions are not listed, the code official shall determine the appropriate category for determining the permit fee. All fees will be rounded to the nearest dollar.

GROUP I. Plan Review Fees: The plan review fee is a separate fee from the permit fee. There will be no charge for revisions.

A. Plans for Commercial Structures, Multi-Family and Dwellings, and Plans for Land Disturbance or Site Development Permits Without a : The fee shall be 50 percent of the permit fee with a $25,000 maximum for each submittal.

B. Plans For New One-and Two-Family Dwellings: The fee shall be $100 per unit. Plans will be reviewed and classified as Master Plans after approval. The fee for subsequent permits duplicating approved Master Plans submitted by the same applicant shall $15 per permit.

C. Plans for Permits Issued Over-the-Counter: A $15 plan review fee will be charged for all plans reviewed over-the-counter and for new single-family, , and plot plans with approved Master Plans on file. A maximum of one $15 plan review fee will be charged for multiple permits on a single lot or a single structure on multiple lots.

The code official may require the submission of signed contract documents when necessary to determine the value of the work to be performed.

GROUP II. Permit Fees: New Buildings and Additions to Existing Buildings - The fee shall

include the total area including , covered , and .

Type of Structure Fee

A. One- and two-family dwellings, $0.15 per square foot, basements, garages, and carports. $15 minimum

B. Swimming pools $0.15 per square foot, $15 minimum

C. $0.19 per square foot, (three or more dwelling units) $15 minimum

D. Commercial structures $0.19 per square foot, (including churches) $15 minimum

E. Other structures $0.19 per square foot, $15 minimum

GROUP III. Permit Fees: Building Remodels, Demolitions, Land Disturbance, Site Development, Foundations, Fences, Signs, Tanks, Towers and Antennas, and Structures Not Applicable to Group II - The formula to be used in computing the fee shall be the total value of all work for which the permit is issued and shall include, but not be limited to, all construction work, finish work, landscaping, painting, paving, electrical service (except as specified in Overland Park Municipal Code Chapter 16.04.100), , heating, air conditioning, , fire protection equipment, and other permanent work or equipment.

Change of Contractors - When a project is taken over by a different contractor, a new building permit is required. The fee is calculated on the valuation of the remaining work.

The code official may require the submission of signed contract documents when necessary to determine the value of the work to be performed.

Valuation Fee Table

Value of Work Fee $1-$2,000 $15

$2,001-$1,000,000 $20 for the first $2,000 plus $3 for each additional $1,000 or fraction thereof.

$1,000,000 and over $3,014 for the first $1,000,000 plus $1

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for each additional $1,000 or fraction thereof.

GROUP IV. Moving Permits - The fee for moving a building of 200 square feet or more upon, across, or over any highway, street, or alley as prescribed in Chapter 16.24 of the Overland Park Municipal Code shall be $300.

GROUP V. Septic Tank Permits - The fee for septic tank permits shall be $75.

GROUP VI. Floodplain Development Permits - Work within the floodplain requires approval of a floodplain development permit prior to the issuance of any other permits. The fee for floodplain development permits is $15.

GROUP VII. Right-of-way Permits - The schedule of fees for Right-of-way permits is adopted as per Attachment A to this Resolution.

GROUP VIII. Inspection Fees - Fees for inspections of two landings will be $75 per elevator per year, and fees for three or more landings will be $125 per elevator per year payable in advance of inspection.

GROUP IX. Escalator Inspection Fees - Fees for inspections of escalators will be $60 per escalator per year payable in advance of inspection.

GROUP X. Dumbwaiter/Lift Inspection Fees - Fees for inspection of dumbwaiters/lifts will be $30 per dumbwaiter/lift payable in advance of inspection.

GROUP XI. Underground Storage Tanks/Product Lines - An annual fee of $30 per underground storage tank will be charged at the beginning of each year to include inspection of leak detection, systems tests, tank tests, and line tests.

GROUP XII. Code Board of Appeals' Variance Fees - The fee for application to the Code Board of Appeals shall be $150.

GROUP XIII Public Improvement Permit Fees – Fees for Public Improvements Permits shall be 53 percent (53%) of the bond amount set forth in Title 13 for the construction of the improvements set forth therein

GROUP XIV General Land Disturbance Permits for Utilities – An annual fee of $500 payable at time of renewal for reviewing proposed erosion control methods and onsite erosion control inspections.

GROUP XV. Miscellaneous Fees

A. 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

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would have been required had the original permit included the entire value.

B. Late Permit Fees - Where work for which any permit is required by Title 16 of the Overland Park Municipal Code is started prior to obtaining the permit, the fee specified for such permit shall be doubled. This provision shall not be construed as permission to begin work without the required permit except in case of an emergency.

C. Expired Permits - Permits may be renewed within 30 days following expiration for a fee of $30.

D. Reinspection Fees - A reinspection fee of $50 shall be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete, when corrections called for are not made, permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access for the inspection requested or for deviating from plans requiring the approval of the building official. No additional inspections will be made until all outstanding reinspection fees have been paid.

E. Inspections Outside Normal Business Hours - The fee shall be $50 per hour with a minimum of two hours. The fee must be prepaid (The inspection fee may be waived for not-for-profit organizations when the Special Event Permit fee has been waived.)

F. Temporary Certificates of Occupancy – Fees of $100 commercial and $50 residential will be charged for issuance of Temporary Certificates of Occupancy with one allowable renewal at no charge.

GROUP XVI. Refunds

A. Plan Review Fees - No refunds will be issued for plan review fees.

B. Permit Fees - No refunds will be issued for permits that have become invalid as specified in the building code. When no work has been commenced, refunds shall be the full value of the permit less $30 for processing the refund.

Abandoned or Suspended Projects - No refunds will be issued for projects which have been partially completed, abandoned or suspended.

C. Right-of-way Permits - No refunds will be issued for Right-of-way permits.

D. Elevator, Escalator, and Dumbwaiter/Lift Inspection Fees - No refunds will be issued for elevator, escalator and dumbwaiter/lift inspection fees.

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E. Underground Storage Tanks/Product Lines - No refunds of annual fees will be issued for storage tanks/product lines.

F. Code Board of Appeals' Variance Fees - No refunds of variance fees will be issued.

G. Public Improvement Permit Fees – No refunds of public improvement permit fees will be issued for amounts less than $100.00.

RESOLUTION NO. 3462352 and Resolution No. 2906 are is hereby rescinded.

ADOPTED by the Governing Body of Overland Park, Kansas, this ___ day of April, 2006.

Mayor Carl Gerlach ATTEST:

Marian Cook City Clerk

APPROVED AS TO FORM:

J. Bart Budetti Sr. Assistant City Attorney

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ATTACHMENT A

SCHEDULE OF FEES RIGHT-OF-WAY PERMITS Schedule of Right-of-way Fees

(1) Permit and Inspection Fee: (a) Fifty ($50) Dollars – driveway replacement, irrigation system installation and residential/commercial plumbing connections (b) Sixty ($60) Dollars – utility repair work (c) Seventy-five ($75) Dollars – new utility construction

(2) Excavation Ffee (Applicable to street cuts): – eEqual to the cost per square yard for streets, overlays and sealccoats x Depreciation Rate x Area of Influence. This will be calculated by the City Engineer based on the information provided in the permit application. (see Appendix for details on calculation of excavation costs)

(3) Double Permit and Inspection Fee: Permit and Inspection Fee shall double if a ROW- user is found to have worked or is working in the public right-of-way without first having obtained a permit. Emergency excavations shall be exempt from this double fee provision.

Appendix Excavation Fees

Cost per Square Yard for Streets, Overlays and Sealcoats X Depreciation Rate X Area of Influence (1)

Depreciation Rates

Street (2) Overlays Cost Per Square Yard (3)

Age Rate Age Rate Age Rate Type Cost

0 100% 21 58% 1 90% Asphalt Street Reconstruction $5520.00 1 99% 22 56% 2 80% Overlays $126.00 2 98% 23 54% 3 70% Sealcoats $1.2510 3 97% 24 52% 4 60% 4 96% 25 49% 5 50% 5 95% 26 47% 6 40% 6 93% 27 45% 7 30% 7 90% 28 42% 8 20% 8 88% 29 40% 9 10% 9 86% 30 38% 10 0% 10 84% 31 36% 11 81% 32 33% 12 79% 33 31% Sealcoats 13 77% 34 29% . 14 74% 35 26% AgeRate 15 72% 36 24% 1 80% 16 70% 37 22% 2 60% 17 68% 38 20% 3 40% 18 65% 39 17% 4 20% 19 63% 40 15% 5 0% 20 61%

1. Area of influence is equal to area of the cut plus 2.5 feet on each side (expressed in sq. yds.)

2. Depreciation rates are based on a 40-year street design standard. Depreciation for the first 5 years is 1.0%/year, followed by straight line depreciation less 15.0% for the remaining street design standard (35 years). Depreciation can occur at 1.0% per year after this time for up to 15 years or street reconstruction, whichever occurs first. This reflects that streets retain some value beyond their design standard or expected street life.

3. Cost estimates are based on historical data maintained by Overland Park’s Department of Public Works

Example Using 40-Year Street Design Standard Quivira Road at 117th Street

Assumptions: Street is 13 years old

Overlay is 6 years old

Area of cut = 4 feet x 5 feet

Area of influence = 9 feet x 10 feet = 90 square feet = 10 square yards

Cost per Depreciation Area of Excavation Square Yard Rate Influence Cost

Street $2055.00 77.00% 10 $154423.00

Overlay 612.00 40.00% 10 2448.00

Total Cost $178471.00