Chapter 15.34
FEE DEFERRAL
Sections:
15.34.010 Fee deferral allowed.
15.34.020 Fee deferral request submittal requirements.
15.34.030 Procedures for review and consideration of fee deferral request.
15.34.040 Approval criteria for fee deferral request.
15.34.050 Conditions of approval of fee deferral request.
15.34.060 Extension of fee deferral.
15.34.080 Building permit re-application.
15.34.010 Fee deferral allowed.
The city council may grant deferral of the payment of certain fees as set forth herein. The city council may defer the fees identified below upon compliance with the following process and requirements, and the city council determination that the request meets the requirements set forth in BMC 15.34.040 and 15.34.050. No fee deferral may be granted to any development that has not already received all land use approvals as required by BMC Title 17. The city council shall only have the authority to defer city-imposed fees as allowed by law. The conditions of approval set forth in the sections below shall apply to all fee deferrals granted by the city. A fee deferral request is not a land use decision subject to the requirements of Chapter 36.70B RCW et seq. The fees eligible for possible deferment upon approval by the city council are:
A. BMC 15.04.110, Building permit fees, and related fees normally required at the time of building permit issuance. (Ord. 2707 § 1, 2008; Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)
15.34.020 Fee deferral request submittal requirements.
In order to have a fee deferral request considered, the applicant shall submit to the city clerk’s office a fully completed application containing at a minimum the following:
A. A fully completed fee deferral request form provided by the city of Blaine public works department and community development services department.
B. Evidence from the city of Blaine community development services department that the applicant(s) seeking the fee deferral has/have received all necessary land use approvals from the city including, if required, approvals from the Blaine planning commission, city council or Blaine community development services department as required by city code.
C. Evidence that the applicant(s) requesting the fee deferral is/are the owner(s) of the real property on which the proposed project is sited.
D. The applicant(s) shall set forth in writing as part of the application the reasons for the request. The request shall specifically set forth how the project is consistent with the city’s policies and regulations in the central business-market district and the central business-wharf district and how it will create employment and/or contribute substantially to the city’s tax base.
E. Specify what fees or portion of fees are requested to be deferred. (Ord. 2707 § 1, 2008; Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)
15.34.030 Procedures for review and consideration of fee deferral request.
Upon receipt of a fully complete application for a fee deferral request, the city clerk shall:
A. Distribute copies of the request to the city finance department, the city of Blaine community development services department, the city’s building official, the city public works department, and the city manager.
B. Place the fee deferral request on the council’s agenda and distribute copies of the fee deferral request packet to the city council members as part of the council packet. (Ord. 2707 § 1, 2008; Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)
15.34.040 Approval criteria for fee deferral request.
The city council may, in its sole discretion, defer all or a part of the fees required for a building permit upon making the following findings based upon evidence in the record:
A. The project considered for a fee deferral is located wholly within the central business-market district or the central business-wharf district as defined in the city’s zoning ordinance and map.
B. The city council enters findings of fact based upon evidence in the record that the project for which the fee deferral request is made is consistent with the city’s vision, policies and regulations for the central business-market district or the central business-wharf district area and that the project will likely create employment in that area of the city and/or contribute substantially to the city’s tax base.
C. The project creates additional private sector jobs and/or leverages private sector investment so that the city’s tax base is substantially increased as a result of said project. (Ord. 2707 § 1, 2008; Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)
15.34.050 Conditions of approval of fee deferral request.
In the event that the city council grants approval of the fee deferral, the following are conditions of any such approval and may not be waived as part of any decision:
A. The project/property owner(s) shall enter into a fee deferral agreement as approved by the city manager. This agreement shall be recorded on the property and shall run with the land and be binding upon all successors, heirs and assigns.
B. Construction on the project for which the deferral request is approved shall start within 60 days of the approval of the building permit for the project. If the project does not start within this timeframe, the fee deferral is void without further action required, and all relevant fees that have been deferred shall be immediately due and payable. Construction shall be determined to have started upon evidence of foundation work as determined by the building official.
C. The fee deferral shall not exceed a period of two years from the date of approval of the fee deferral by the city council or sale of the property, whichever occurs first. All deferred fees shall be due on sale of the property or transfer of any interest in the entity that owns the property.
D. The city shall not defer any costs or fees for which it has or will make cash payments, including notices, publications, legal review, third-party reviews, and other direct costs.
E. Fees that have been deferred shall be paid in full before a final inspection and any type of occupancy permit is issued.
F. If the applicant has complied with all of the conditions set forth in Chapter 13.21 BMC et seq. and this chapter et seq., then capacity in the city’s water system and wastewater system shall be reserved for the development until such time as the fees are paid in full. However, in the event that such fees are not paid in full as required herein or in the fee deferral agreement, then such capacity in the city’s water system and wastewater system shall no longer be reserved for the property owner, and the property owner shall not be entitled to a forfeiture of any fees paid. (Ord. 2707 § 1, 2008; Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)
15.34.060 Extension of fee deferral.
Upon receiving a signed request from the applicant, an extension of deferral time periods may be granted by the city council under the following conditions:
A. One additional 60-day extension to the start of construction timeline may be granted when the request is made within the initial timeline and provided the fees are adjusted to current values and related amounts established in the most current fee schedule.
B. One additional six-month extension may be granted to the two-year completion deadline if a request is made by the applicant within the initial timeline and provided the fees are adjusted to comply with the current fee schedule and current values of the project. (Ord. 2707 § 1, 2008)
15.34.070 Default.
If the applicant does not meet the deferral deadlines, the application shall be closed, all vesting rights shall become void, and the applicant shall immediately pay for all costs incurred by the city including staff time and expense. (Ord. 2707 § 1, 2008)
15.34.080 Building permit re-application.
If a building permit application becomes closed, a complete re-submittal of the application shall be required and payment of all required fees must be submitted to the city at the time of the application submittal in compliance with this code. (Ord. 2707 § 1, 2008)