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HomeMy WebLinkAboutord1987-0411 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 ger��ta- sk3a��- �e- aeeempas#ed- b•}�- a -€ee- a € -$�5A- 24'�-r ORDINANCE -1- Date drafted 7/13/87 1 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .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 $25.00 plus ORDINANCE -2- Date drafted 7/13/87 0 actual publication cost of notice. 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinance Section 5. Section 2.24.770.742 W.C.C. is hereby amended to read as follows: .742 The appellant shall file a written notice of appeal within 10 days of the final decision and shall serve notice of appeal upon all opponents of record, or applicants, as the case may be. A fee of one hundred sixty -five dollars (-$}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 1 2 3 4 5 6I7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (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 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (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 A 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 6 Ordinance Section 16. Section 21.30.300 W.C.C. is hereby amended to read 7 as follows: 8 21.30.300 Fees 9 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. 14 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 28 j 29 n 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 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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