HomeMy WebLinkAboutord1987-0411
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INTRODUCED BY CONSENT
SUBSTITUTE ORDANANCE PROPOSED BY PUBLIC WORKS
7/13/87
DATE JUNE 18, 1987
ORDINANCE NO. 87 -41
AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE
2, TITLE 8, TITLE 16, TITLE 20 AND TITLE 21 OF
THE WHATCOM COUNTY CODE FOR THE PURPOSE OF
ESTABLISHING NEW FEE AMOUNTS FOR FEES PRESENTLY
COLLECTED UNDER AUTHORITY OF THESE TITLES FOR
VARIOUS LAND USE PERMITS AND AUTHORIZATIONS
SUBJECT TO APPROVAL BY THE COUNTY.
WHEREAS, the Bi*reae Division of Buildings and Code Administration
collects fees for the issuance of a variety of land use permits and approvals,
and those fees are used to offset a portion of the cost of the administration
and enforcement of County land use and environmental codes; and
WHEREAS, over the past several years the portion of the administration
and enforcement cost of those services supported by permit revenues has
declined as operating costs have increased and the fees have remained static;
and
WHEREAS, it is the desire of the Council that the revenue from fees for
land use permits and other associated activities support a greater portion of
the operating cost of administration and enforcement,
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN:
Ordinance Section 1. Section 2.24.600.690 W.C.C. is hereby amended to
read as follows:
.690 FEES
.691 Each application for a Variance shall be accompanied by a fee
of $1-0 6 165 plus actual costs of mailing and, when applicable,
publishing notices of hearing on the application. (Amended
6 -6 -85)
.692 Each application for a Conditional Use, or expansion of a
nonconforming use, shall be accompanied by a fee of $iaS 206
plus actual costs of mailing and, when applicable, publishing
notices of the hearing on the application. (Amended 6 -6 -85)
.693 Each simultaneous application for a Variance and a Conditional
Use (or expansion of a nonconforming use) for the same prop-
erty, shall be accompanied by a fee of $ -a5 206 plus actual
costs of mailing and, when applicable, publishing notices of
the hearing on the application. (Amended 6 -6 -85)
t Tae-- eir�rl�ea#rioa--- €or-- -�ig1- I�pRO�- H�dati�b--Beva�egee�rk
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ORDINANCE -1-
Date drafted 7/13/87
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.695 Each application for an appeal of an administrative decision to
the Hearing Examiner shall be accompanied by a fee of $33 5&.
x 96 Faek- aW4 ea-t4ea-- ex-- a -- heme- eeeagat "m- pepi. -t- shall aseee-
gaal" -1}y& - €ee- &f-435T
.697 Each application for administative surface mining for soil,
sand, gravel and peat, shall be accompanied by a fee of $ 4.25
165.
Ordinance Section 2. Section 2.24.740.632 W.C.C. is hereby amended to
read as follows:
.632 Major Development Permit
(1) $2,000,000 to $3,000,000 0G4%G8r; $1,155+*
(2) $3,000,001 plus $858x99 r; $1,402+*
*Plus $5x98 $8.00 per lot or 02-r98 $20.00 per acre
Ordinance Section 3. Section 2.24.740.634 W.C.C. is hereby amended to
read as follows:
.634 Development consultation and plan review
(1) First half hour free, thereafter $88x98 $30.00 per hour for
development consultation relating to subdivision, zoning, major
developments, substantial development permits and other land
use developments or projects for which no formal application
has been submitted. The applicant requesting the consultation
shall be billed by the Bwpeaa Division of Buildings and Code
Administration for such services.
(2) An hourly fee of $99r99 $30.00 shall be charged applicants
requesting plan reviews relating to land use development or
projects. The applicant requesting such plan review shall be
billed by the Btrpeae Division of Buildings and Code Administra-
tion for such reviews upon completion of the review.
Ordinance Section 4. Section 2.24.740.636 W.C.C. is hereby amended to
read as follows:
.636 In the event that actions of an applicant result in the repetition
of the reviews, inspections of other steps in the approval process,
those items or steps repeated shall be charged to and paid by the
applicant prior to any further processing of the application by the
County. The costs shall be determined by the Bpeekep- a €- 8 #ar�r� #rig
Buildings and Code Administrator based upon the following rates:
(1) Flanrffag- ReAapft Buildings and Code Staff $9Bx98 $30.00 /hr.
Planning Department $30.00 /hr.
(91) Engineering Division Staff 09r99 $30.00 /hr.
(344) Health Department Staff 09r99 $30.00 /hr.
(455J Legal Notices $B8r99 $25.00 plus
ORDINANCE -2-
Date drafted 7/13/87
0
actual publication
cost of notice.
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Ordinance Section 5. Section 2.24.770.742 W.C.C. is hereby amended to
read as follows:
.742 The appellant shall file a written notice of appeal within 10 days
of the final decision and shall serve notice of appeal upon all
opponents of record, or applicants, as the case may be. A fee of
one hundred sixty -five dollars (-$}08rGG4 ($165.00) shall be paid to
the Btapeaa Division of Buildings and Code Administration upon filing
of any appeal. The appellant shall also pay the transcript fee and
upon completion of the transcript any additional fee necessary to
equal the actual cost of the transcription. These fees should not
apply to appeals initiated by a County department.
Ordinance Section 6. Section 8.3.2 W.C.C. is hereby amended to read as
follows:
2. FEES
A. Applications shall be accompanied by the following fees:
1. Shoreline Conditional Use Application - $1- 2-5-GQ $206.00
2. Shoreline Permit Revisions - minimum of t7-5-rGG $124.00 or
25% of the original fee (whichever is more).
3. Program Amendments - $500.00
4. Statement of Exemption - $25.00
5. Appeals from Administrative decisions on granting or
denying of a permit application $7-5.rOA $124.00
6. Appeals from other administrator's decisions - $3�rGG
58.00
7. Shoreline variance application - $14GrGG $165.00
8. Substantial development permit application
(a) Class A
$1.00 to $7,000 $445rGG $223.00
$7,001 to $50,000 $a7-5-rGG $454.00
(b) Class B
$50,001 to $250,000 $694rGO $990 .00
(c) Class C
$250,001 to $1,000,000 $4r24GrGG $1,980.00
(d) Class D
$1,000,000 plus $Br5GGrGG $4,125.00
9. When any given project requires more than one of the
following permits or applications, the total amount of
fees shall be reduced by 25% of the required aggregate and
application fees; provided any fees received for process-
ing of an EIS shall not be included as part of the total
amount of fees to be reduced by 25 %.
ORDINANCE -3-
Date drafted 7/13/87
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(a) Preliminary plat application
(b) Rezone applications
(c) Major development permit
10. In the event that actions of an applicant result in the
repetition of the review, inspections and other steps in
the approval process, those items or steps repeated shall
be charged to and paid by the applicant prior to any
further processing of the application by the County. The
costs shall be determined by the following rates:
(a) gla*iri*g Buildings and Code staff $26,98 $30.00 /hr.
(b) Engineering Department staff $26,88 $30.00 1hr.
(c) Health Department staff $26,98 $30.00 /hr.
(d) Legal Notice $25.00 plus actual
11. All fees received shall be deposited in the Whatoom County
Current Expense Fund.
B. No fees shall be collected from any agency of Whatcom County
government, where pent would come from Current Expense Fund
monies.
Ordinance Section T. Section 16.08.200(1) W.C.C. is hereby amended to
read as follows:
(1) Threshold determination.
(a) For every environmental checklist the county will review when
it is lead agency, the county shall collect a fee of $25-,89
41.00 from the proponent of the proposal (county proposals
excepted) prior to undertaking the threshold determination.
The time periods provided by this ordinance for making a
threshold determination shall not begin to run until payment of
the fee. (When the county completes the environmental check-
list at the applicant's request or under WCC 16.08.090(3) of
this ordinance, an additional $,99rBB $30.00 per hour shall be
collected.)
(b) A filing fee of 0048 $165.00 shall be charged for appeals
under 16.08.170. The fee shall not apply to County Depart-
ments.
Ordinance Section 8. Section 20.84.250 W.C.C. is hereby amended to read
as follows:
.250 Fees
(1) Each application for a variance shall be accompanied by a fee
of one hundred sixty -five dollars 4144,88} ($165.00) (plus
actual costs of mailing and, when applicable, publishing
notices of the hearing on the application).
Lot consolida
and, when app
application).
ORDINANCE -4-
Date drafted 7/13/87
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(2) Each application for a conditional use, or expansion of a
nonconforming use, shall be accompanied by a fee of one - hood -+e4
twe,st- - €i-ve two hundred six dollars ($1- 25.98} ($206.00) (plus
actual costs of mailing and, when applicable, publishing
notices of the hearing on the application).
(3) Each simultaneous application for a variance and a conditional
use (or expansion of a nonconforming use) for the same property
shall be accompanied by a fee of two
hundred six ($1- 25,89} ($206.00) (plus actual costs of mailing
and, when applicable, publishing notices of the hearing on the
application).
(Amended per WCC 20.04.080(1)(o))
(4) Each application for an appeal of an administrative decision to
the Hearing Examiner shall be accompanied by a fee of t4ipt -y-
€ive fifty -eight dollars �$3'5re9} ($58.00).
(-5} Sael� -ag$3 eat erg-- #or► -a - home - eeewpat4tea -Ve ait, shell aseem-
gaFi eC i-$ j:- a-
fee
- a €- trZlptry- €ve�e��apa- �33r98}r
( 5i Saeh-app}# eat #ea - €ems -etr feee- �i�ri�g -ts£ - eo�le,- -eat s- graved -and
fee - e € -ene- ixxtdr eel -s#x ]i- €eve
�9��aI+B•- �$a-98 iV V }- �$1'fT5 T99 }T
Ordinance Section 9. Section 20.90.220 W.C.C. is hereby amended to read
As follows:
.220 Major Development Permit
(1) CLASS A $2,000,000 to $3,000.00 $788rNs $1,155.00*
(2) CLASS B $3,000,001 and greater $&58rNs $1,402.00*
*Plus $5r89 8.00 /lot or $1 -2r89 $20.00 /acre.
Ordinance Section 10. Section 20.90.240 W.C.C. is hereby amended to read
as follows:
.240 Development Consultation and Plan Review
(1) First half hour free, thereafter $22r98 $30.00 per hour for
development consultation relating to subdivision, zoning, major
developments, substantial development permits and other land
use developments or projects for which no formal application
has been submitted. The applicant requesting the consultation
shall be billed by the Kann ieg- Department Buildings and Code
Administration for such services.
(2) An hourly fee of $22r89 $30.00 shall be charged applicants
requesting plan reviews relating to land use development or
projects. The applicant requesting such plan review shall be
billed by the Buildings and Code Administr-
ation for such services.
Ordinance Section 11. Section 20.90.260 W.C.C. is hereby amended to read
as follows:
.260 In the event that actions of an applicant result in the repetition
of the reviews, inspections and other steps in the approval process,
ORDINANCE -5-
Date drafted 7/13/87
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those items or steps repeated shall be charged to and paid by the
applicant prior to any further processing of the application by the
County. The costs shall be determined by the PLI &P*i g- Bepaetmeat
Buildings and Code Administration based upon the following rates:
(1) Buildings and Code Staff $22,8 $30.00 /hr.
(2) Planning Department Staff $22,38 $30.00 /hr.
(3) Engineering Bepa -P t Division Staff $22, 8 $30.00 /hr.
(4) Health Department Staff $22,-09 30.00 /hr.
(5) Legal Notices $28.-0.9 $25.00 plus
actual publication cost
of notice.
Ordinance Section 12. Section 20.92.620 W.C.C. is hereby amended to read
as follows:
.620 The appellant shall file a written notice of appeal within ten (10)
days of the final decision and shall serve notice of appeal upon all
opponents of record, or applicants, as the case may be. A fee of
one hundred sixty -five dollars E$}99rW4 ($165.00) shall be paid to
the B*Peaa Division of Buildings and Code Administration upon filing
of any appeal. The appellant shall also pay the transcript fee and
upon completion of the transcript any additional fee necessary to
equal the actual cost of the transcription. These fees shall not
apply to appeals initiated by a county department.
Ordinance Section 13. Section 21.20.030 W.C.C. is hereby amended to read
as follows:
21.20.030 Preliminary Fees. Application shall be accompanied by the
following fees, payable in cash or by separate checks to the
Bapeau Division of Buildings and Code Administration.
1. $288,G8 $300.00 + $-48r99 $16.00 per lot to the Whatcom
County Current Expense Fund to cover FL1aaa#xg- Bepe -Fkment
Division of Buildings and Code Administration and other
administrative costs; and
2. $54r13A $82.00 + $}8,$8 $16.00 per lot to the Whatcom
County Road Fund to cover Engineering Department costs.
3. The actual cost of providing legal notice, including
mailing.
4. When any given project requires more than one of the
following permits or applications, the total amount of
fees shall be reduced by 25 percent of the required
aggregate permit and application fees; provided any fees
received for processing an EIS and for providing legal
notices shall not be included as part of the total amount
of fees to be reduced by 25 percent.
A. Subdivision plat application;
B. Rezone application;
C. Substantial Development Permit;
D. Major Development Permit
ORDINANCE -6-
Date drafted 7/13/87
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5. In the event that actions of an applicant result in the
repetition of the reviews, inspections, and other steps in
the approval process, those items or steps repeated shall
be charged to and paid by the applicant prior to any
further processing of the application by the County. The
costs shall be determined by the Director of Public Works
based upon the following rates:
A. Planning Department staff $26.-88 $30.00 /hr.
B. Engineering Bepaiatme" Division staff
$30.00 hr.
C. Buildings and Code
Administration Staff $26.88 $30.00 /hr.
D. Legal Notices $26.88 $25.00 plus
actual publication
cost of notice.
Ordinance Section 14. Section 21.20.130(1) W.C.C. is hereby amended to
read as follows:
21.20.130 Final Plat Procedure.
1. The final plat and supporting data shall be prepared in
accordance with Section 21.40.020 and shall be submitted
to the B+treau Division of Buildings and Code together with
the following fees, payable in cash or by separate checks
to the 3,&Pe" Division of Buildings and Code Administra-
tion:
A. $56r88 $82.00 per subdivision plus $56r&G $82.00 per
lot of which 60% of the per lot fee shall be deposi-
ted to the County Road Fund for field and office
engineering and inspection of the plat, roads,
utilities, drainage and other improvements rand the
remaining 40% shall be paid to the Current Expense
Fund.
B. $2"r8A $330.00 per subdivision to cover B*re"
Division of Buildings and Code Administration and
other administrative expenses, not including fee for
filing by County Auditor.
Ordinance Section 15. Section 21.28.020 W.C.C. is hereby amended to read
as follows:
21.28.020 Application. Applications for approval of short subdivisions
shall be prepared in accordance with Section 21.40.030, and
shall be submitted to the Technical Committee together with the
following fees to the B•1&reaa Division of Buildings and Code
Administration except as provided herein.
1. W4r88 $165.00 plus $6r69 $10.00 per lot per short
subdivision to the Whatcom County Current Expense Fund.
2. $56r88 $82.00 plus $56,-08 $82.00 per lot of which 60% of
the per lot fee shall be deposited to the County Road Fund
per short subdivision for administrative and engineering
services of the B,&pe" Division of Engineering and the
remaining 40% shall be paid to the Current Expense Fund.
3. Health Department fees, in accordance with the fee
ORDINANCE -7-
Date drafted 7/13/87
1 schedule adopted by the Health Board, shall be payable
directly to the Health Department.
2 4. $54.99 $82.00 for amended short subdivisions.
3 5. $25.99 $42.00 for certificate of exemption.
4 6. $25.98 $42.00 for lot line adjustments.
5 7. $54.98 $82.00 for summary approval of short subdivisions
for purposes of gift.
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Ordinance Section 16. Section 21.30.300 W.C.C. is hereby amended to read
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as follows:
8
21.30.300 Fees
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1. Applications for general binding site plans shall be
10 accompanied by the following fees, payable in cash or by
separate checks to the B-*Peetu Division of Buildings and
11 Code Administration:
12 A. $0.98 $165.00 to the Whatcom County Current Expanse
Fund; and
13.
B. 094.99 $165.00 to the Whatcom County Road Fund.
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C. Actual cost of providing legal notices, including
15 mailing, posting and publishing.
16 2. Specific binding site plans and binding site plans having
received previous site plan approval shall be accompanied
17 by the following fees, payable in cash or by separate
checks to the B-*Pe" Division of Buildings and Code
18 Administration.
19 A. $54.88 $82.00 + $5.98 $8.00 per lot or lease space to
20 the Whatcom County Current Expense Fund; and
B. $54.98 $82.00 + $54.98 $82.00 per lot or $14r88
21 $16.00 per lease space of which 60% of the per lot or
lease space fee shall be deposited to the Whatcom
22 County Road Fund.and the remaining 40% shall be paid
23 to the Current Expense Fund.
24 Ordinance Section 17. The fee changes set forth in this ordinance shall
25 become effective on the first day of August 1987.
26 PASSED this 16th day of JULY 1987
27 WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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30 m ur o
Chairman
31 ATTEST: ( ✓) APPROVED ( ) VETOED
32
Carol Ebergson Shirley Van Zanten
Clerk of the Council County Executive
ORDINANCE -8-
Date drafted 7/13/87
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Date: JULY 17, 1987
APPROVED AS TO FORM:
David Cottingham
Civil Deputy Prosecuting Attorney
Published on JULY 1 and JULY 22 , 19 87
This ordinance becomes effective on AUGUST 1, 1987
ORDINANCE -9-
Date drafted 7/13/87
d