Title
Approving a resolution of the City of Pflugerville, Texas amending the Construction (Public Infrastructure) Plan and Building Plan Review New Commercial fees listed in the Pflugerville Fee Schedule adopted by Ordinance No. 1559-22-09-13, to address required legislative adjustments to value based fees per House Bill 3492.
Summary
The proposed amendment is a result of the 88th Texas Legislature approving House Bill 3492, which becomes effective September 1, 2023 and precludes a municipality from considering the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of a fee. The current Fee Schedule approved with the FY23 budget includes two separate fees in Development Services that are value based and are required to be adjusted prior to September 1 to ensure compliance with the new legislation. According to the legislation, a municipality shall consider the actual cost, as applicable, to review and process the engineering or construction plan or to inspect the public improvement infrastructure. A municipality can consider the fee that would be charged by a qualified, independent third-party to do the review and inspection; the hourly rate for the estimated direct time of the municipalities employees performing the review and inspection; or the actual costs assessed to the municipality by a third-party providing the services.
The fee for Construction (Public Infrastructure) Plans included in the current Fee Schedule includes an initial application fee, a fee based on 3.5% of the value of the improvements that is due at time of plan approval, and a fee for each review exceeding three reviews. The proposed adjustment will replace the 3.5% value fee with a per construction plan sheet fee that is based on the anticipated staff time to review and further inspect the public improvements included in an average plan set and will continue to be paid at time of plan approval. The...
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