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HomeMy WebLinkAboutOrdinance 6846113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6846 File Number: 2025-105 ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas that include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer; and WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307.00; and WHEREAS, on July 2, 2024 the City Council passed Resolution 182-24 expressing intent to implement the study's findings; and WHEREAS, the proposed amendments will increase Engineering and Planning fees by 1/3rd of the recommended fee amount to ease the impact of these increases after 20 years without change; and flat fees for Building Safety will increase by 1/3rd of the recommended fee amount, while permit review and inspection fees will increase by the full recommended amount; and WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has proposed a staggered rollout during which time users may be charged the previous fee or the updated fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01, Fees/Schedule of the Unified Development Code and enacts a replacement § 159.01 as shown in Exhibit A attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Page 1 Ordinance: 6846 File Number: 2025-105 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby adopts the Building Safety Division Fee Schedule referenced in § 159.01(B)(11) as shown in Exhibit B attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 3: That the City Council of the City of Fayetteville, Arkansas authorizes staff to stagger the implementation of the fees provided in Sections 1 and 2 as follows: • Engineering fees in § 159.01(B)(4), (B)(6), (B)(8), and (B)(12) shall be effective on the effective date of this Ordinance. • Planning fees in § 159.01(B)(2), (B)(3), (B)(5), (B)(7), (B)(9), and (B)(10) shall not exceed the amounts set forth in Exhibit A for a period of two weeks after the effective date of this Ordinance. At the end of the two week period, those fees shall be set at the amounts set forth in Exhibit A. • Building Safety fees in § 159.01(B)(11) and the Building Safety Division Fee Schedule attached as Exhibit B, shall not exceed the amounts set forth in Exhibit A and Exhibit B for a period of four weeks after the effective date of this Ordinance. At the end of the four week period, those fees shall be set at the amounts set forth in Exhibit A and Exhibit B. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03 Sidewalk Vendors by changing the application and permit fee from $100.00 to $133.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors by changing the application and permit fee from $100.00 to $125.00. PASSED and APPROVED on February 18, 2025 Approved: Molly Rawn, Mayor Attest: � ==9-H..,v_Z 3ry.AaN:.PM�i�3%3 Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $299.44 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2025 CITY COUNCIL MEMO 2025-105 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: The proposed code change will amend Chapters 159 - Fees and Chapter 178 - Mobile Vendors of the Unified Development Code to modify existing fee schedule and fees. RECOMMENDATION: City staff recommend approval of an amendment to Chapter 159, Fees, and Chapter 178, Mobile Vendors of the Unified Development Code as described in Exhibits `A' and `B'. BACKGROUND: The City has a long and well -established history of charging user fees for a number of City services, including those associated with development review. Documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others. In mid-1991, a formal user fee study was initiated. Following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed, with only portions adopted in the mid-1990s. Subsequently in 2003, Council approved a contract for a second user fee study. This recommended fees that accurately reflect the cost of services. During the same period, Council adopted a user fee policy which include among its tenets the evaluation of user fees on a three-year cycle, an annual adjustment of fees based on the All Urban Consumer Price Index, fees that "should be levied fairly and equitably and properly to account for the benefit received by each user", and a standard that "Development charges (annexation, rezoning, lot split, construction plan review, infrastructure, stormwater, etc.) shall recover 100% of the full cost of providing the services unless reduced or waived by City Council." Despite the user fee study's proposal and the policy's adoption, no discernable action was taken, with many fees from 2024 remaining as they existed in 2004. In the intervening years, several new development fees were introduced or saw one-off changes as additional services were offered or specific issues of recovery were identified, but no concerted study of development review fees occurred. More recently, in February 2023 the City Council approved a contract with MGT for an updated user fee study. Core objectives of the study include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. MGT completed a review of City development review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas. These include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer. The most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 $2,679,307. For those fees codified in the Unified Development Code, recovered costs vary by division, with Planning and Engineering at one end of the spectrum collecting 22% to 24%, and with Building Safety on the other recovering 74%. Recovery `23/'24 Revenue Cost Subsidy Building Safety: 79% $2,124,791 $2,681,470 $556,679 Engineering: 24% $118,425 $494,359 $375,934 Planning: 22% $159,715 $731,918 $572,203 All User Fees: 55% $2,679,307 $4,843,998 $2,164,691 This information along with the larger user fee study was shared with the City Council at their June 25th Agenda Session, after which a resolution was adopted at the Council's July 2nd meeting expressing intent to implement the study's findings (attached; Resolution 182-24). DISCUSSION: The proposed amendment to Chapter 159, Fees of the Unified Development Code includes the following: Planning fees will increase by 1/3rd of the recommended fee amount to mitigate the potential for shock following approximately 20 years without change: o Increases vary from $10.00-$567.00 o Additional recommended fee amounts will occur by thirds in subsequent years o Fees are being reorganized to better reflect related processes and development types, and graduated differences in complication • Engineering fees will increase by 1/3rd of the recommended fee amount o Increases vary from $8.00-$300.00 o Grading permits, among the most common class of permit issued by Engineering, include a revised fee structure to dynamically respond to the land area of a project. • Building Safety fees will increase by 1/3rd of the recommended amount for flat fees o Increases vary from $17.00-$200.00 Building Safety fees will increase by the full recommended amount for permit review and inspection fees (Exhibit `B) o Given the dynamic calculation of permit costs based on valuation of work (a common, national convention), implementing these fees in portions are anticipated to reduce revenues below 2024 levels if certain classes of permits are not submitted consistent with historic trends o Trade permits, those generally associated with plumbing, electrical, HVAC, and gas work, are proposed to move to fees based on valuation rather than individual elements of work (outlets, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 meters, etc.) Building Safety has historically utilized a fee schedule for fees derived from building valuations, which are in -turn derived from building codes adopted at the state level. This schedule is included as Exhibit'B'. Recognizing the scope of the changes proposed in the overall user fee study, staff is recommending a staggered implementation of fees, with those proposed herein to be effective as follows: • Engineering -related fees will be effective on the effective date of the ordinance o §159.01(B)(4), (B)(6), (13)(8), and (13)(12) • Planning -related fees will be effective two weeks after the effective date of this ordinance o §159.01(B)(2), (B)(3), (B)(5), (13)(7), (13)(9), and (13)(10) • Building Safety -related fees will be effective four weeks after the effective day of this ordinance o § 159.01 (B)(11) and the Building Safety Division Fee Schedule BUDGET/STAFF IMPACT: ATTACHMENTS: Exhibit'A' (#3), Exhibit'B' (#4), 159, Fees & 178, Mobile Vendors - Strikethrough & Redlines (#5), 182-24 Resolution (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-105 The proposed code change will amend Chapters 159 - Fees and Chapter 178 - Mobile Vendors of the Unified Development Code to modify existing fee schedule and fees. AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY' S RECENT USER FEE STUDY WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas that include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer; and WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307.00; and WHEREAS, on July 2, 2024 the City Council passed Resolution 182-24 expressing intent to implement the study's findings; and WHEREAS, the proposed amendments will increase Engineering and Planning fees by 1/3rd of the recommended fee amount to ease the impact of these increases after 20 years without change; and flat fees for Building Safety will increase by 1/3rd of the recommended fee amount, while permit review and inspection fees will increase by the full recommended amount; and WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has proposed a staggered rollout during which time users may be charged the previous fee or the updated fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01, Fees/Schedule of the Unified Development Code and enacts a replacement § 159.01 as shown in Exhibit Page 1 Ordinance: 6846 File Number: 2025-105 A attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby adopts the Building Safety Division Fee Schedule referenced in § 159.01(B)(11) as shown in Exhibit B attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 3: That the City Council of the City of Fayetteville, Arkansas authorizes staff to stagger the implementation of the fees provided in Sections 1 and 2 as follows: • Engineering fees in § 159.01(B)(4), (B)(6), (B)(8), and (B)(12) shall be effective on the effective date of this Ordinance. • Planning fees in § 159.01(B)(2), (B)(3), (B)(5), (B)(7), (B)(9), and (B)(10) shall not exceed the amounts set forth in Exhibit A for a period of two weeks after the effective date of this Ordinance. At the end of the two week period, those fees shall be set at the amounts set forth in Exhibit A. • Building Safety fees in § 159.01(B)(11) and the Building Safety Division Fee Schedule attached as Exhibit B, shall not exceed the amounts set forth in Exhibit A and Exhibit B for a period of four weeks after the effective date of this Ordinance. At the end of the four week period, those fees shall be set at the amounts set forth in Exhibit A and Exhibit B. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03 Sidewalk Vendors by changing the application and permit fee from $100.00 to $133.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors by changing the application and permit fee from $100.00 to $125.00. Page 2 159.01 Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. A councilmember may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $37.00 for each sign. (b) Windblown signs. $20.00. (c) Sign variance. Filing fee: $117.00 (3) Development. The following application fees are due for each of the following development review submittals: (a) All concept plats. $367.00 (b) Lot splits or property line adjustments. $400.00 (c) Subsequent technical plat reviews for tabled items, after initial fee in item (d) below. $267.00 (d) All Other Plat Reviews (Concurrent, Preliminary And Final): Nonresidential $800.00 25 or less residential units $933.00 26 or more residential units $1,367.00 (e) Large Scale Development, Small and Large Site Improvement Plan Reviews. The greater of the two fees shall be applied for instances of mixed -use development: Nonresidential 5,000 or less sq. ft. $1,033.00 Nonresidential Over 5,000 sq. ft. $1,583.00 25 or less residential units $983.00 26 or more residential units $1,583.00 (f) Planning Commission Variance: Before any violation has occurred $333.00 After any violation has occurred $633.00 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. For review of all changes and plan revision submittals required after permit issuance, a resubmittal fee shall apply. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 1 of 6 (a) Permit Application Fee: Size of Disturbed Area Grading Plan Resubmittal Fee and Permit One acre or less $400.00 $150.00 Per additional acre, up to five acres $250.00 per $250.00 acre Per additional acre, greater than five $167.00 per $250.00 acres and less than 20 acre Per additional acre, greater than 20 $100.00 per $250.00 acres, up to 40 acre Floodplain grading permit review $33.00 Appeals $133.00 N/A (b) Supplementary Permit Fees: (i) Work Without a Permit. Where work for which a grading permit is required is started or proceeded prior to obtaining said permit, the fees specified herein shall be doubled. Payment of such fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work not from any other applicable penalties. (ii) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re- inspect fees must be paid prior to the inspection taking place. (5) Zoning. Annexation: Less than one acre $333.00 One acre or greater $500.00 Rezoning: Less than one acre $517.00 One acre or greater $617.00 Planned Zoning District: Less than one acre $667.00 One acre or greater $833.00 Conditional use $400.00 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $233.00 After any violation has occurred $467.00 Zoning Verification Letter $67.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other $50.00 excavation in public right-of-way (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 2 of 6 (7) Administrative Items. General $57.00 Plan Amendment $33.00 Project Extension $33.00 Appeals $333.00 Master Street Plan Amendment $333.00 (8) Floodplain. Type of Review Initial Submittal Resubmittal Fee (after 2"d submittal) Development Review $33.00 N/A Administrative review(ga)(EC, Fence, $50.00 N/A Acc. Structure, etc.) LOMA, LOMR-F $83.00 $25.00 CLOMR/LOMR $200.00 $100.00 Appeals $100.00 N/A (9) Vacations. Right -of -Way $433.00 Utility Easement $367.00 Tree Preservation Easement $633.00 (10) Public Notification. $33.00 per sign (11) Building Permits. (a) General Fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (Supp. No. 35) (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paving, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. Created: 2024-12-12 11:47:22 [EST] Page 3 of 6 (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Occupant load certificate $150.00 Demolition permit (commercial) $117.00 Demolition permit (residential) $100.00 Temporary C of O (commercial; 30 days) $183.00 Temporary C of O (residential; 30 days) $100.00 Footing/foundation only (commercial) $200.00 Footing/foundation only (residential) $67.00 Appeal of building official to Construction Board of Adjustment and Appeal $117.00 Moving permit $150.00 Permit extension $67.00 Permit Processing Fees* *Permit processing and review fees shall be submitted with all building permit applications as required in the Building Safety Division's Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit Fees. (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction plans are in progress shall be $1,200.00. (i i) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $300.00 and an additional $100.00 per hour after two hours. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be tripled, with a minimum penalty of $250.00. Payment of such triple fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $125.00. All re -inspect fees must be paid prior to the inspection taking place. (f) Exemptions from Permit Fees. (i) Historical Buildings. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 4 of 6 (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi- family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (12) Temporary Closure Permits. The following application and use fees are due for each of the following requests for closure: (a) Application Fees. A $50.00 application fee shall be due at that time of any request for temporary, street/road closure, partial street/lane closure, parking closure, trail closure, or sidewalk closure. (b) Closure Fees. Due to the impact of closures on functionality of streets, sidewalks and trails, the following use fees shall apply based on the type, length and duration of closure requested: (i) Shared -Use Paved Trails and Sidewalks: (a) $25.00 per day —Shared -use paved trails. (b) $25.00 per day —Sidewalks within Entertainment District (sidewalk closures outside the Entertainment District do not require a permit, please coordinate with the Engineering Office for notification and signage). (ii) Residential Links, and Alleys: (a) $50.00 per day, per impacted lane. (iii) Neighborhood Links and Downtown/Urban Streets: (a) $83.00 per day, per impacted lane. (iv) Regional Links: (a) $133.00 per day, per impacted lane. (c) Extension Fees. A $25.00 extension fee shall be due at the time of any request for extension of a temporary closure. Daily closure fees as listed in this section shall also apply to the extension. (d) Detour route required when one (1) or more lanes will be completely closed, and flaggers are not used to maintain traffic. (e) A detour route shall be provided for all trail and sidewalk closures requiring a permit per this section. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 5 of 6 (Code 1965, §§17B-3(c); 17B-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7- 3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15- 93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19- 01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14; Ord. No. 6255, §1, 11-5-19; Ord. No. 6446, §7(Exh. B), 6-15-21; Ord. No. 6577, §§1, 2(Exh. A), 6-21-22; Ord. No. 6578, §1, 6-21-22; Ord. No. 6630, §4, 12-20-22) (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 6 of 6 CITY OF FAYETTEVILLE Building Safety Division 125 W. Mountain Street, Fayetteville, AR 72701 (479)-575-8238 FEE SCHEDULE Notice: All permits described below are subject to a minimum fee of $55.00 Permit Type Permit Cost per $1,000.00 of Valuation Commercial Permits $6.32 Residential Permits $4.59 Miscellaneous $10.94 Electrical $2.03 Gas $2.03 Mechanical $3.31 Plumbing $3.04 Plan Review Fee: 50% of the Permit Fee is required to be paid prior to commencing plan review for Commercial, Residential, and Miscellaneous permits Craft Education Program: Per Arkansas State Act 474, a surcharge in the amount of fifty cents ($0.50) per each $1,000.00 of construction authorized on any commercial permit issued by any political subdivision of Arkansas is imposed to financially support the craft education program. Permit Renewal Fee: No construction Through slab: Through framing: Plan Review Resubmittal Fee: Commercial Residential Plan Review Revision Fee: 100% of permit cost 90% of permit cost 50% of permit cost $200.00 (after 3 d submittal) $100.00 (after 2nd submittal) Commercial: $450.00 Residential: $250.00 Pre -Application Plan Review: $200.00 159.01 Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. Aa ^lderrnman councilmember may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $2§37.00 for each sign. (b) Windblown signs. $1020.00. (c) Sign variance. Filing fee: $25117.00 (3) Development. The following application fees are due for each of the following development review submittals: (a) All concept plats. $50367.00 (b) Lot splits or property line adjustments. $2-00400.00 (c) Subsequent technical plat reviews for tabled items, after initial fee in item (d) below. $2,W267.00 (d) All Other Plat Reviews (Concurrent, Preliminary And Final): Nonresidential $800.00 1 n ,,,- i« residential u ants $200.00 25 or less residential units $4G0933.00 26 or more residential units $8001, 667.00 (e) QtheF Scale Development, Small and Large Site Improvement Plan Reviews. The greater of the two fees shall be applied for instances of mixed -use development: Nonresidential 5,000 or less sq. ft. $4001, 333.00 $800.00 Nonresidential Over 5,000 sq. ft. $8001, 883.00 c,—' 10 or less r s- d ntmal u rm+s 0 0 25 or less residential units $4G0983.00 $725.00 26 or more residential units $8001, 883.00 00 (f) Planning Commission Variance: Before any violation has occurred 333.00 After any violation has occurred 633.00 (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 1 of 7 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. For review of all changes and plan revision submittals required after permit issuance, a resubmittal fee shall apply. (a) Permit Application Fee: Size of Disturbed Area Grading Plan and Permit DFaiRa^^ °^^^r-+ Review Resubmittal Fee Less than 0.5 ,^•^One acre or less $75400.00 $7-r.99 $7-5150.00 51 to 1.0 aeFePer additional acre, up to five acres $199250.00 per acre $499 99 $4G9250.00 OveF 1.0 aeFe Per additional acre, greater than five acres and less than 20 $299167.00 per acre $200.09 $MG250.00 Per additional acre, greater than 20 $100.00 per acre $250.00 acres, up to 40 Floodplain grading permit review 33.00 Appeals $400133.00 Nd A I N/A (b) Supplementary Permit Fees: (i) Work Without a Permit. Where work for which a grading permit is required is started or proceeded prior to obtaining said permit, the fees specified herein shall be doubled. Payment of such fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work not from any other applicable penalties. (ii) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re- inspect fees must be paid prior to the inspection taking place. (5) Zoning. Annexation: Less than one acre 333.00 One acre or greater 500.00 Rezoning: $5 9G Less than one acre 517.00 One acre or greater $617.00 Planned Zoning District: Less than one acre 667.00 One acre or greater 833.00 Conditional use $2G0400.00 Manufactured horne: initial laem"A Renewa4 $4 5 Herne ocoupatiew. initial pe`H;* $25-90 Dell (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 2 of 7 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $10023--.00 After any violation has occurred $2,W46i.00 Appeal ef Zening and Development A.dM iStF teF inte.ffetatien Yyvv v Zoning Verification Letter $5067.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other $2550.00 excavation in public right-of-way (7) Tree Pr s,,.-yotien.Administrative Items. `fie c0 General 57.00 Plan Amendment 33.00 Proiect Extension 33.00 Appeals 333.00 Master Street Plan Amendment 333.00 (8) Floodplain De r-minet en. Type of Review GFadong Plan and Resubmittal Fee after 2nd submittal Perfwitinitial Submittal Development Review 33.00 N A Administrative review(ga)(EC, Fence, Acc. Structure, etc.) $50.00 N/A LOMA, LOMR-F $7583.00 $25.00 CLOMR/LOMR $200.00 $100.00 Appeals $100.00 N/A (9) Vacations. `eA0 0A Right -of -Way 433.00 Utility Easement 367.00 Tree Preservation Easement 633.00 (10) Public Notification. $33.00 per sign (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 3 of 7 (1811) Building Permits. (a) General Fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (i i) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, pay+eg ap ving, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Original C of 0—new bu4dq g $4_ Certificate of completiery $4� c'� 150.00 Occupant load certificate Demolition permit (commercial) $` G117.00 Demolition permit (residential) 100.00 Temporary C of O (commercial; 30 days) $25183.00 Temporary C of O (residential; 30 days) 100.00 Footing/foundation only (commercial) $` 0200.00 Footing/foundation only (residential) 67.00 Appeal of building official to Construction Board of Adjustment and Appeal $` 0117.00 Moving permit $MG150.00 Permit extension $5067.00 Permit Processing Fees* $200.00 *PA -permit processing and review fees shall be submitted with all building permit applications as required in the Building Safety Division's r-pdp Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit Fees. (Supp. No. 35) (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction Created: 2024-12-12 11:47:22 [EST] Page 4 of 7 plans are in progress shall be equal +^ ^ e half the ^ mit fee ",.+ shall ^^+ h^ Mere than $1,GW200.00. (ii) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $2-0300.00 and an additional $100.00 per hour after two hours er �^��^�+ =^ (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be deubledtripled, with a minimum penalty of $250.00. Payment of such dew triple fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $125.00. For each s bseq eRt . +;^. the fee sh-,II be de uhle theame-unt of the previeus fee, withFna)(imurnof $200 nn All re- inspect fees must be paid prior to the inspection taking place. is Fequested by the apploeaRt and gicanted by the eity, a fee shall be impesed that is de, -hip the nt of the ., s fee with amaximum of $200 nn Lintel final Gertifeeate Af Gecupaney nt d (f) Exemptions from Permit Fees. (Supp. No. 35) (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi- family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. Created: 2024-12-12 11:47:22 [EST] Page 5 of 7 1 I • • • 1NMI • • (3112) Temporary Closure Permits. The following application and use fees are due for each of the following requests for closure: (a) Application Fees. A $50.00 application fee shall be due at that time of any request for temporary, street/road closure, partial street/lane closure, parking closure, trail closure, or sidewalk closure. (b) Closure Fees. Due to the impact of closures on functionality of streets, sidewalks and trails, the following use fees shall apply based on the type, length and duration of closure requested: (Supp. No. 35) (i) Shared -Use Paved Trails and Sidewalks: (a) $25.00 per day —Shared -use paved trails. (b) $25.00 per day —Sidewalks within Entertainment District (sidewalk closures outside the Entertainment District do not require a permit, please coordinate with the Engineering Office for notification and signage). (ii) Residential Links, and Alleys: (a) $2EW.00 per day, per impacted lane, fell width of alley. StFeet is closed. Where minimum paved width of 20 feet will be PFE)Vided to maintain twe way tFaffic, or flagging operations will be Used W maintain two way tFaffic, ne permit is Fecluired. Created: 2024-12-12 11:47:22 [EST] Page 6 of 7 (iii) Neighborhood Links and Downtown/Urban Streets: (a) $2- 83.00 per day, per impacted lane. Street remains open wide enough to aceemmedate two way traffic and no flag&g operations are required; (b) $50 nn per day, per impacted I-..,., when flagging operations will be required to maintain two way traffie; (G) $75.00 per day, per impacted lane, when deteur routes will be required f0r ene (1) direction of traffic. (d) $100.00 per day, peF impacted lane, when detoUF FOutes will be Fequired fer all (iv) Regional Links: (a) $&9133.00 per day, per impacted lane. �+reet remains epenid enough to , (b) $75.00 per day, per impacted lane, when flagging operatiens wall be Fecluired to maintain two way traff me; (c) $ 100 nn per .dam per impacted lane, when ,deco u+., will be required for one (1) diFection of traffic; ( d) $ 5n nn r, F day, peF impaeted laneyihe...d.,+. -H.P r uter.yill her Fed fee all (c) Extension Fees. A $25.00 extension fee shall be due at the time of any request for extension of a temporary closure. Daily closure fees as listed in this section shall also apply to the extension. (d) Detour route required when one (1) or more lanes will be completely closed, and flaggers are not used to maintain traffic. (e) A detour route shall be provided for all trail and sidewalk closures requiring a permit per this section. (Code 1965, §§17B-3(c); 1713-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7- 3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15- 93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19- 01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14; Ord. No. 6255, §1, 11-5-19; Ord. No. 6446, §7(Exh. B), 6-15-21; Ord. No. 6577, §§1, 2(Exh. A), 6-21-22; Ord. No. 6578, §1, 6-21-22; Ord. No. 6630, §4, 12-20-22) (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 7 of 7 CHAPTER 178: OUTDOOR VENDORS CHAPTER 178: OUTDOOR VENDORS 178.03 Sidewalk Vendors (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $3-G0133.00 application and permit fee. Permits issued after July 1st shall be accompanied by a $50.00 application and permit fee. Each permit will expire at 3:00 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit (Ord. No. 5185, 10-7-08; Ord. No. 5321, 5-18-10; Ord. No. 5459, 11-15-11; Ord. No. 5768, 5-5-15; Ord. No. 5979, §§3, 4, 5-16-17) 178.04 Outdoor Mobile Vendors (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $4-W125.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979, §§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23) Fayetteville, Arkansas, Code of Ordinances (Supp. No. 35) Created: 2024-12-12 11:47:29 [EST] Page 1 of 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 182-24 File Number: 2024-222 IMPLEMENT USER FEE STUDY RECOMMENDATIONS (RESOLUTION OF INTENT): A RESOLUTION OF INTENT TO IMPLEMENT THE RECOMMENDATIONS OF THE 2024 USER FEE STUDY INCLUDING A FULL COST RECOVERY MODEL, ESTABLISHMENT OF A MASTER FEE SCHEDULE, AND ANNUAL ADJUSTMENT WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others; and WHEREAS, in mid-1991, a formal user fee study was initiated but, following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed with only portions adopted in the mid-1990's; and WHEREAS, in 2003, the City Council approved a contract for a second user fee study, an element of which focused on Planning and Building Safety; and WHEREAS, in June 2005, the City Council approved a User Fee Cost Recovery Policy for City Services, but no discernable action was taken, with many fees from 2024 remaining as they existed in 2004; and WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to implement the recommendations of the 2024 User Fee Study including a full cost recovery model, establishment of a master fee schedule, and annual adjustment. PASSED and APPROVED on July 2, 2024 Page 1 Resolution: 182-24 File Number: 2024-222 Page 2 Attest: ; ����• i 1 F� "'�►,• Kara Paxton, City Cl rk Treasurer �P);= Cj .��� ��NG i 0IA Form 0.54 mi- L F_W�Oxo I- Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 483997 PO #: AFFIDAVIT • STATE OFARKANSAS R 1ECEIVE 51 D CRY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Maria Hernandez -Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6846 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $299.44. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 02123125; NWA nwaonline.com 02/23/25 Legal Clerk 0 X State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 24th day of February; 2025 GY E3 R Sti J �OTr, R � - rrrdi; . Ordinance: 6846 File Number: 2025-105 ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VEN- DORS): AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAP- TER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY WHEREAS, Fayetteville has a long and well -established his- tory of charging user fees for a number of City services, includ- ing those associated with devel- opment review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an up- dated user fee study whose core objectives include evaluat- ing and improving the current fee structure, defining the cost of City services, and recom- mending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas that include Building Safety, Business Licensing, En- gineering, Fire, Planning, and Water & Sewer; and WHEREAS, the most promi- nent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, to- taling approximately $2,679,307.00;and WHEREAS, on July 2, 2024 the City Council passed Resolu- tion 182-24 expressing intent to implement the study's findings; and WHEREAS, the proposed amendments will increase Engi- neering and Planning fees by 1/3rd of the recommended fee amount to ease the impact of these increases after 20 years without change; and flat fees for Building Safety will increase by 1/3rd of the recommended fee amount, while permit review and inspection fees will in- crease by the full recommended amount; and WHEREAS, implementation of the new fees will require man- ual entry by staff and, therefore, staff has proposed a staggered rollout during which time users may be charged the previous fee or the updated fee. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby repeals § 159.01, Fees/Schedule of the Unified Development Code and enacts a replacement § 159.01 as shown in Exhibit A attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 2:Thatthe City Coun- cil of the City of Fayetteville, Arkansas hereby adopts the Building Safety Division Fee Schedule referenced in § 159.01(B)(11) as shown in Ex- hibit B attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 3: That the City Council of the City of Fayet- teville, Arkansas authorizes staff to stagger the implementation of the fees provided in Sections 1 and 2 as follows: • Engineering fees in § 159.01(B)(4), (13)(6), (13)(8), and (B)(12) shall be effective on the effective date of this Ordinance. • Planning fees in § 159.01(B)(2), (13)(3), (13)(5), (B)(7), (13)(9), and (B)(10) shall not exceed the amounts set forth in Exhibit A for a period of two weeks after the effective date of this Ordinance. At the end of the two week period, those fees shall be set at the amounts set forth in Exhibit A. • Building Safety fees in § 159.01(B)(11) and the Building Safety Division Fee Schedule at- tached as Exhibit B, shall not exceed the amounts set forth in Exhibit A and Exhibit B for a pe- riod of four weeks after the ef- fective date of this Ordinance.At the end of the four week period, those fees shall be set at the amounts set forth in Exhibit A and Exhibit B. Section 4: That the City Council of the City of Fayet- teville, Arkansas hereby amends § 178.03 Sidewalk Vendors by changing the application and permit fee from $100.00 to $133.00. Section 5: That the City Council of the City of Fayet- teville, Arkansas hereby amends § 178.04 Outdoor Mobile Ven- dors by changing the applica- tion and permit fee from $100.00 to $125.00. PASSED and APPROVED on February 18, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $299.44 February 23, 2025 483997