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DATE: May 8, 1980 INTRODUCED BY: Hansey
PROPOSED BY: Planning
�- ORDINANCE NO. 80-40
AN ORDINANCE ESTABLISHING THE REFUND OF
PERMIT FEES: ADDING NEW SECTIONS TO
W.C.C. 2.24.740
Preamble:
in accordance with the provisions of R.C.W. 36.70.800
the planning commission has recommended that the refund ordinance
be adopted. A public hearingis not required for such action.
BE'IT ORDAINED BY THE COUNCIL OF WHATCOM:
Section 1 NEW SECTION. There is added to W.C.C. 2.24.740
a new section to read as follows:
1. The application may be withdrawn within 30 days
of submittal by the owner or agent of the owner and
such request shall be in writing.
2. No work shall have commenced on the project for
which such application has been made.
3. No refund shall be made in excess of 50% of the
total fee as required.
4. At the election of the Planning Director a site
inspection may be conducted prior to any refund to
verify item (b) and to assure that such withdrawal is
JUN 5 1980
Ordinance - 1.
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in the public interest. Such inspections
shall be reported back in writing to the
Planning Director.
5. No refunds shall be made for projects/
applications which are requested withdrawn
when the refund would draw on County funds
in a budget year other than the one in which
the applicaton and fees were collected.
6. Withdrawal of an application shall con-
stitute full surrender of any express or im-
plied rights inherent in an application which
has been perfected and accepted by the
Planning Department.
PASSED this Sth day of Jun::...,, 1980..
ATTEST: Joan Ogden WHATCOM COUNTY COUNCIL
County Auditor and WHATCOM COUNTY, WASHINGTON
Ex- Officio, Clerk of
the Council:
By�
L&L
Depu W SHIRLEY VIMANTEN
Chairperson
APP D AS TO FORM:
PHILIP A. 3EkKA
Deputy Prosecutin g Attorne Y ��.
,Mil
C ) APPROV D
--'VETOED'...
DATE, ... ;. �.....�.. _.
JOHN IAUWS
Coun Executive
PUBLISHED May 26 and Jun Q, 12, 1980
Ordinance - 2.
I I . PLANNING—DEPAR'1'A EWr RECOMNII NDAT I ON :
The Department concurs with the above Planning
Commission recommendation because the ordinance will
help ensure that there is a balance of responsibility
between the applicant and the County.
WHATCOM CCUN 'Y PLANNING DEPARTMENT
D /REC1' I PLANNING
DATE: I 9
AI)r11. ti, 1980
':ile Ref: Leg 3
,111ATCOM COUNTY PLANNING AGENCY REPORT
I. PLANNING COMMISSION RESOLUTION:
IN THE MANNER OF ) FINDINGS, REASONS
RECOMMENDATION ON ) AND
FEE REFUND ORDINANCE) MOTIONS
WHEREAS, pursuant to R.C.W. 36.70.800 no public hearing is
required on this item:
WHEREAS, there is no County policy, resolution or ordinance
addressing the refund of fees for a planning permit which is
withdrawn;
W1iEREAS, the County receives numerous requests a year to refund
fees on permit applications withdrawn;
WI- IEREAS, the County is experiencing increased public costs in
administering permit applications fiI.ed;
WHEREAS, the proposed fee refund ordinance will maintain a
balance of responsibility between the County and the applicant;
and
WHEREAS, the. proposed fee refund ordinance will not result in a
change of fees.
NOW THEREFORE. BE IT RESOLVED, THAT THE COMMISSION ASSERTS THE
FOLLOWING FINDINGS AND REASONS FOR ACTION:
1. It is the applicant's responsibility to share the
administrative and processing cost of a withdrawn
permit.
2. The approval of the ordinance is necessary in Light of
increasing costs.
3. The proposed ordinance is being processed consistent with
State law.
4. The Planning Commission recommends the adoption of the:
proposed ordinance as shown in Exhibit 1.
DONE and PASSED by majority roll call vote of the Planning
Commission this 29th day of January, 1980.
WHAT.COM COUNTY/PLANNING COMMISSION
iarman
� D
ATTACHMENT: S re
Exhibit A - Proposed
Refund Ordinance
b