The FY 2021 Non-Routine Work Plan for the Planning and Codes Department included an item to review permit fees and other fees charged by the department. Given it has been almost five years since building permit fees were last reviewed, staff recently completed an analysis of all the department's submittal/issuance fees, including building permit fees, Planning Commission, home occupation, and Board of Zoning Appeals submittal fees. As a result of this analysis, minor fee increases are proposed as part of the attached ordinance.
Building Permits
The fee schedule for the issuance of building permits was last amended by the Board of Commissioners pursuant to Ordinance 2017-06, which was adopted on April 26, 2017. Later it was discovered that the valuation table, included as part of the ordinance was not correct resulting in the calculation of an incorrect permit fee. Staff is currently in the process of researching the permits that are to be refunded to applicants, pursuant to Resolution 2021-81, which was approved by the Board of Commissioners on June 28, 2021. The valuation table included as part of Ordinance 2021-16 is the correct table and included below.
On February 11, 2019, the Board of Commissioners adopted Ordinance 2019-01, approving amendments to Chapter 14 of the Municipal Code and adopting the 2018 editions of the International Code Council (ICC) commercial and residential building code construction standards. However, amendments to the fee schedule were not adopted as part of the amendments to the ordinance.
Currently, Section 14-72(a) of the Municipal Code establishes a "per square foot" amount for enclosed areas broken down by habitable and noninhabitable areas within residential structures that are used to calculate the structure's valuation and the associated permit fees. The current valuation amount is $100.00 per square foot of enclosed finished habitable space. Enclosed areas that are proposed to remain unfinished, such as basements, attached and detached garages, etc., are valued at $20.00 per square foot of area. The attached ordinance proposes to begin using the ICC Construction Cost Table to determine the per square foot valuation factor. This table is a nationally recognized calculation of construction costs. Note that Metro Nashville uses the same table. The ICC table is updated two times per year in February and August. Based on the current version of this table, staff proposes to increase the amount used to calculate the valuations upon which permit fees are based for enclosed areas in residential structures from $100.00 to $130.00 per square foot. The current fee of $20.00 per square foot of unfinished space would also increase to $25.00 per the same ICC Construction Cost Table.
Following is the revised valuation table as included within the ordinance.
| TABLE ONE -- BRENTWOOD BUILDING PERMIT FEE |
| TOTAL VALUATION |
BUILDING PERMIT FEE |
| $2,000.00 and less |
No fee, unless inspection required, in which case a $25.00 fee shall be charged |
| $2,001.00 to $15,000.00 |
$60.00 for the first $2,000.00 plus $5.50 for each additional thousand or fraction thereof up to and including $15,000.00 |
| $15,001.00 to $50,000.00 |
$131.50 for the first $15,000.00 plus $3.75 for each additional thousand or fraction thereof up to and including $50,000.00 |
| $50,001.00 to $100,000.00 |
$262.75 for the first $50,000.00 plus $3.75 for each additional thousand or fraction thereof up to and including $100,000.00 |
| $100,001.00 to $500,000.00 |
$450.25 for the first $100,000.00 plus $2.75 for each additional thousand or fraction thereof up to and including $500,000.00 |
| $500,001.00 to $1,000,000.00 |
$1,550.25 for the first $500,000.00 plus $2.00 for each additional thousand or fraction thereof up to and including $1,000,000.00 |
| $1,000,001.00 and up |
$2,550.25 for the first $1,000,000.00 plus $1.00 for each additional thousand or fraction thereof |
Revisions to the Building Valuation Data adopted by Ordinance 2021-16 shall be adjusted annually to account for building valuation cost inflation on January 1 of each year. The adjusted valuation schedule, with fee amounts rounded to the nearest five-dollar increment, will be adopted by the Board of Commissioners via resolution by December 1 of each applicable year to become effective on January 1 of the following year.
Note that such a calculation is not used to determine valuation for commercial structures. Actual commercial valuation is provided by the permit applicant.
Planning Commission Review Fees
The schedule for Planning Commission submittal/review fees was last amended pursuant to Ordinance 2017-06, which was approved by the Board of Commissioners on April 24, 2017.
A comparison of the existing and proposed Planning Commission submittal fees is shown in the table below.
| PLANNING COMMISSION REVIEW/SUBMITTAL FEES -- SEC. 50-29 |
| CURRENT FEE |
PROPOSED FEE |
| PLAN TYPE |
REVIEW FEE |
FEE PER LOT OR ACRE |
REVIEW FEE |
FEE PER LOT OR ACRE |
| Preliminary Plan/Revised Preliminary Plan |
$300.00 |
$40.00 |
$350.00 |
$50.00 |
| Preliminary Plan / Revised Preliminary Plan for OSRD/OSRD-IP zoned properties |
$500.00 |
$40.00 |
$600.00 |
$50.00 |
| Final Plat |
$300.00 |
$40.00 |
$350.00 |
$50.00 |
| Resubdivision / Revised Final Plat |
$300.00 |
$40.00 |
$350.00 |
$50.00 |
| Site Plans / Revised Site Plans zoned Commercial |
$300.00 |
$40.00 |
$350.00 |
$50.00 |
| Commercial Master Plan |
$300.00 |
$40.00 |
$350.00 |
$50.00 |
| Minor Site Plan Alteration |
$300.00 |
$0.00 |
$350.00 |
$0.00 |
| |
| The lot fee for OSRD/OSRD-IP Preliminary Plans is based upon the number of "affected" lots. |
| The Commercial Site Plan review fees are calculated by the area in acres affected by the proposed plan. |
The fees for the review of OSRD/OSRD-IP preliminary plans is proposed to be increased to $600.00 plus $50.00 per affected lot. The language "per affected lot" is inserted because sometimes a revised OSRD/OSRD-IP Development Plan does not impact all of the lots shown on the plan. Even though some proposals do not impact all lots, it is still necessary for staff to perform a complete review of all open space calculations to insure compliance with Code requirements. The increase in the amount of the submittal/review fees is necessary due to the complexity of the review of the OSRD calculations for each project. Every time a revised preliminary plan for OSRD/OSRD-IP zoned subdivisions is submitted, staff must completely review all open space calculations. Additionally, the Code requires that corresponding changes to preliminary plans, which affect certain areas of OSRD/OSRD-IP plans, per Sec. 78-185(b) of the zoning ordinance, also be approved by the Board of Commissioners. Currently, no fees are charged for review and preparation of the backup information of revised OSRD/OSRD-IP Development Plans submitted for review by the Board of Commissioners.
Home Occupation Fees
Ordinance 2021-16 also proposes an increase in the fees charged for home occupations as included in Section 78-26(d) of the zoning ordinance. The fees for home occupations was originally instituted pursuant to Ordinance 2009-09, which was adopted by the Board of Commissioners on September 28, 2009. Since the home occupations requirements are also included as part of the zoning ordinance, Planning Commission review of the proposed changes will be necessary.
A comparison of the existing and proposed home occupation submittal/review fees is shown in the following table.
| HOME OCCUPATION REVIEW/RENEWAL FEES -- SEC. 78-26 |
| TYPE |
CURRENT FEE |
PROPOSED FEE |
| Home Occupations Reviewed by the Planning and Codes Department Staff |
$25.00 |
$30.00 |
| Home Occupation Permits Reviewed by the Board of Zoning Appeals |
$100.00 |
$150.00 |
| Renewal of Previously Approved Home Occupation Permits |
$10.00 |
$15.00 |
The fees associated with merchandise sales, which are to be provided at the time of the application submittal and the fee for merchandise sales held after the home occupation permit has been granted, which are currently established at $100.00 will not change.
Board of Zoning Appeals
The fee schedule for Board of Zoning Appeals applications was also last amended by the Board of Commissioners pursuant to Ordinance 2017-06, which was also approved by the Board of Commissioners on April 27, 2017.
A comparison of the current filing fees for Board of Zoning Appeals (BZA) requests follows;
| BZA FILING FEE COMPARISON -- SEC. 78-59 |
| REQUEST |
CURRENT FEE |
PROPOSED FEE |
| Administrative Review * |
$200.00 |
$250.00 |
| Special Exceptions, Inc. Accessory Structures |
$200.00 |
$250.00 |
| Variances |
$200.00 |
$250.00 |
| * Fees required for Administrative Review are reimbursed if decision is overturned |
Procedure for Zoning District Change -- Sec. 78-87.
Ordinance 2021-16 also proposes some minor modification in the language included as part of Section 78-87, which relates to the procedures for requesting a zoning district change. Specifically, the proposed changes relate to Section 78-87(d) regarding the rezoning notification signs that are placed on the property after any proposed rezoning ordinance is approved on first reading. The language has been modified to reflect current procedures and policies regarding the placement of the notification signage and removal of the required deposit of $150.00 per sign. Because current procedures are to use a single-use corrugated plastic sign instead of the large metal sign that was once used, a $150.00 deposit is no longer necessary. The signs are placed by Planning and Codes Department staff to insure proper visibility.
Annexation Proposals
Currently, there is no Code provision regarding a fee charged for annexation requests. Analysis of an annexation request is quite involved and requires coordination between various City departments, Williamson County Schools, the Williamson County Property Assessor, the State Comptroller and the Brentwood Emergency Communications District. Additionally, a detailed Plan of Services must be completed by staff for each annexation request.
Ordinance 2021-16 proposes that a new section be created within the zoning ordinance -- Section 78-90 that defines the procedures for annexation requests. The fees associated with annexation requests shall be established at $1,000.00 per request, regardless of the area of the property proposed for annexation. The required submittal/review fees would be provided as part of the submittal of the Petition for Annexation.
Staff proposes that the proposed ordinance amendments become effective for permit applications, Planning Commission and Board of Zoning Appeals submittals and annexation requests received on or after September 1, 2021.
Planning and Codes Department staff conducts semi-annual meetings with the building community to provide education, information regarding changes in Code requirements, changes to inspections/permits policies and changes to fee schedules. The next meeting is scheduled for September 1, 2021. The agenda will include an introduction and discussion of the new fee structures as proposed by Ordinance 2021-16.
Because a portion of the ordinance amendments affect Sections 78-26, 78-59, 78-87(d) and the creation of a new section -- 78-90 regarding annexations of the zoning ordinance, review by the Planning Commission and a public hearing are required.
If the proposed ordinance is approved on first reading on July 26, the Planning Commission will review the proposed changes to the zoning ordinance at their meeting of August 2. The public hearing will be conducted on August 9 with Second and final reading of the proposed ordinance scheduled for August 23, 2021.
Should you have any questions please contact the Planning and Codes Director. |
On April 24, 2017 the Board of Commissioners approved Ordinance 2017-06 on second and final reading, which adjusted building permit and mechanical permit fees and Planning Commission and Board of Zoning Appeals submittal fees.
On April 10, 2017 the Board of Commissioners conducted the required public hearing for Ordinance 2017-06. No one spoke either for or against the proposed ordinance.
At its meeting of March 13, 2017 the Board of Commissioners voted unanimously, six for and zero against (6-0), passing Ordinance 2017-06 on first reading.
On November 26, 2012 the Board of Commissioners approved Ordinance 2012-14, adopting the 2012 edition of the International Code Council (ICC) Building Code Standards. Several exceptions to the code requirements were also adopted as part of the adoption. However the fee schedule as established by Ordinance 2007-25 remained unchanged.
On June 24, 2008 the Board of Commissioners approved Ordinance 2008-08, which modified the required fees for projects submitted for Planning Commission review.
On November 26, 2007 the Board of Commissioners approved Ordinance 2007-28, which amended the fee schedule for BZA submittals. The fees were increased from $25.00 for Special Exceptions and Administrative Appeals and $50.00 for Variance requests to $100 for Special Exceptions and Administrative Appeals and $150.00 for Variance requests
On October 11, 2007 the Board of Commissioners voted to approve Ordinance 2007-25. The Ordinance amended several sections of the Municipal Code as part of the adoption of the 2006 edition ICC Building Code Standards. Also as part of the amendments a revised building permit fee schedule was adopted increasing the per square feet fee for new residential construction from $70.00 to $90.00 per square foot of enclosed space. Previously the 2003 ICC Codes were used.
On March 28, 2005, the Board of Commissioners approved Ordinance 2005-05, which amended the Municipal Code regarding building permit fees, and fees for Planning Commission submittals. The ordinance amended several sections of the Municipal Code and established a per square foot fees for new residential construction of $70.00 square feet of enclosed space. |