Chapter 3.42
FEES AND OTHER ASSESSMENTS

Sections:

Article I. General

3.42.010  Purpose of chapter – Defenses.

3.42.020  Definitions.

3.42.030  Recoupment of costs authorized.

3.42.040  Amendment.

3.42.045  Fees, charges, and deposits.

Article II. MCMC Title 5 Fees

3.42.050  Fees under MCMC 5.04.060 – Business licenses.

3.42.055  Fees under MCMC 5.06.040 – Telecommunications business registration.

3.42.060  Fees under MCMC 5.08.060 – Peddler’s license.

3.42.070  Fees under MCMC 5.18.020 – Cabaret license.

3.42.080  Fees under MCMC 5.26.080 – Adult business licenses.

Article III. MCMC Title 6 Fees

3.42.090  Fees under Chapters 6.04 through 6.10 MCMC – Animal licenses – Animal services facilities and kennel licenses – Dangerous animal registration fee – Miscellaneous charges – Appeal fee under Chapter 6.20 MCMC.

3.42.100  Fees under Chapter 6.18 MCMC – Animal impound and daily care charges.

Article IV. MCMC Title 8 Fees

3.42.110  Fees under Chapter 8.12 MCMC – Surface water utility.

Article V. MCMC Title 12 Fees

3.42.130  Fees under MCMC 12.04.060 – Right-of-way work permits.

3.42.135  Fees under MCMC 12.08.050 – Public area use permits (special event permits).

3.42.140  Fees under MCMC 12.10.070 – Street reimbursement agreement application.

3.42.145  Fees under Chapter 12.14 MCMC – Street vacations.

3.42.147  Fees under Chapter 12.16 MCMC – Telecommunications.

Article VI. MCMC Title 15 Fees

3.42.150  Permit fees under Chapter 15.04 MCMC.

3.42.160  Other fees under Chapter 15.04 MCMC.

3.42.165  Fees under Chapter 15.12 MCMC.

Article VII. MCMC Titles 16 and 17 Fees

3.42.170  Fees under MCMC 17.34.040 – Design review.

3.42.180  Fees under MCMC 17.42.020 – Zoning and land use.

Article VIII. MCMC Title 18 Fees

3.42.190  Fees under MCMC 18.04.270 – Environmental matters.

3.42.200  Fees for annexation applications.

3.42.210  Engineering plan review, construction inspection, grading and initial surface water utility fees.

3.42.220  Fees for additional staff consultation.

3.42.230  Miscellaneous fees.

Legislative history: Ords. 93-300, 93-301, 94-325, 94-331, 94-336, 95-350, 95-353, 95-366, 97-410, 97-412, 97-426, 97-431, 2001-508, 2003-563, 2003-573, 2003-574 and 2004-588.

Article I. General

3.42.010 Purpose of chapter – Defenses.

A. The purpose of this chapter is to provide for a consolidated and centralized fee structure in which fees and other assessments for city services and actions may be listed. The fees enumerated in this chapter may relate to other sections of the Mill Creek Municipal Code, and any section or subsection herein shall be read in conjunction with the applicable code section to which it refers.

B. The fees listed in this chapter are not an exclusive list, and it is not a defense to or an avoidance of the payment of any fee that such fee is not set forth in this chapter. (Ord. 2004-594 § 1)

3.42.020 Definitions.

A. In addition to the definitions provided in the particular code section to which a fee refers or relates, when used in this chapter the following terms shall have the following meanings, unless the context clearly indicates otherwise:

1. "Fee" means any fee, assessment, charge, penalty, payment, reimbursement, monetary sum or the like, which is payable to the city as required under the Mill Creek Municipal Code. (Ord. 2004-594 § 1)

3.42.030 Recoupment of costs authorized.

A. Administrative Costs. In addition to the fees enumerated herein, the city manager or designee may keep account of administrative time, costs and expenses expended in reviewing or processing any application or in taking any other action authorized or required by this code. In the event that the city manager determines such expenditures significantly exceed the applicable fee, or where no fee is applicable, the city manager is authorized to bill the applicant or other responsible party for the actual administrative time, costs and expenditures.

B. Master Development Plan Costs. In addition to the fees enumerated herein, the city manager may keep account of all administrative time, costs and expenses expended in developing, reviewing and implementing master development plans for particular projects within the city, as required within the planned community business zone district, Chapter 17.21 MCMC. The city manager is authorized to assess against the developer of any parcel of land, or portion thereof, governed by a master development plan, a fee for such administrative time, costs and expenses in the amount equal to the proportionate amount of land within the master development plan area which the developer seeks to develop.

C. Attorneys’ Fees and Costs. Attorneys’ fees and related costs and expenses shall be included within subsections A and B of this section if they arise from or are connected with: (1) document review or other action directly required to issue an approval, permit, or license requested by the public, or (2) for any nuisance violation of this code, or if otherwise authorized by state law, administrative hearing expenses, litigation expenses and the cost of preparing any specific records required for such actions.

D. No application, permit, license or other approval shall be processed or authorized if invoiced billings under this section remain unpaid 30 days after submittal of the invoice.

E. Consultant’s Fees. In addition to the fees enumerated herein for land use and design review board permit applications, the city may determine that in cases where the city does not have the professional expertise, that the retention of third party professional consultant services is required in order to complete a review. In such cases, the applicant is responsible for reimbursing the city for the direct cost of professional consultant services. The city may also require the applicant to deposit an amount with the city estimated by the planning director to be sufficient to cover anticipated costs of retaining professional consultant services to ensure reimbursement to the city for such costs. (Ord. 2004-594 § 1)

3.42.040 Amendment.

The city council shall have the authority to amend this chapter, from time to time, to increase, decrease, add or delete any fees desired or required for the operation of the city. (Ord. 2004-594 § 1)

3.42.045 Fees, charges, and deposits.

A. Fees or Charges. All fees or charges designated as such by this chapter or other provision of law, ordinance or resolution shall be payable in full in advance, and shall be nonrefundable unless otherwise specified. The city shall refrain from taking any action until such fees or charges have been paid.

B. Deposits. All deposits designated as such by this chapter or other provision of law, ordinance or resolution shall be payable in full in advance, and shall be refundable only in conformance with the following requirements:

1. The depositor shall have complied with all conditions of the action for which the deposit was required.

2. The depositor shall have directed a written request to the city clerk seeking return of the deposit.

3. The written request shall be received by the city clerk within 60 days following satisfaction of all conditions of the action for which the deposit was required, but in no event later than 60 days after final approval or acceptance, final permit issuance, or termination date of the permit or action for which the deposit was required. If the depositor fails to request refund of a deposit as specified above, the deposited funds shall be subject to forfeiture as provided by Chapter 63.29 RCW, as amended. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

Article II. MCMC Title 5 Fees

3.42.050 Fees under MCMC 5.04.060 – Business licenses.

A. The license fee for businesses shall be based on the number of full-time or part-time employees as noted below. New business license (located in city) applicants shall pay a one-time review fee of $25.00 in addition to the employee fee.

1. Zero to three employees: $25.00.

2. Four to eight employees: $50.00.

3. Nine to 13 employees: $75.00.

4. Fourteen to 19 employees: $100.00.

5. Twenty to 25 employees: $150.00.

6. Twenty-six to 32 employees: $200.00.

7. Thirty-three or over employees: $300.00.

B. Late penalty fee on renewals shall be an additional one-half of license fee, pursuant to Chapter 5.04 MCMC. (Ord. 2004-594 § 1)

3.42.055 Fees under MCMC 5.06.040 – Telecommunications business registration.

Business registration fee (MCMC 5.06.040):

A. Initial application: $250.00.

B. Subsequent applications: $150.00. (Ord. 2004-594 § 1)

3.42.060 Fees under MCMC 5.08.060 – Peddler’s license.

A. The application fee for a peddler’s permit shall be $15.00 per applicant per calendar year.

B. Replacement photo identification tags will be issued at a cost of $10.00 each. (Ord. 2004-594 § 1)

3.42.070 Fees under MCMC 5.18.020 – Cabaret license.

The fee for a cabaret dance license shall be:

A. Annual license: $500.00.

B. Single dance license: $35.00. (Ord. 2004-594 § 1)

3.42.080 Fees under MCMC 5.26.080 – Adult business licenses.

The fee for adult business licenses and/or renewals required under Chapter 5.26 MCMC shall be as follows:

A. Adult business license: $800.00.

B. Adult business manager’s license: $25.00.

C. Adult entertainer’s license: $25.00.

D. Adult waitperson’s license: $25.00. (Ord. 2004-594 § 1)

Article III. MCMC Title 6 Fees

3.42.090 Fees under Chapters 6.04 through 6.10 MCMC – Animal licenses – Animal services facilities and kennel licenses – Dangerous animal registration fee – Miscellaneous charges – Appeal fee under Chapter 6.20 MCMC.

A. The fee for a dog or cat license shall be $5.00.

B. The fee for an animal facility license shall be:

1. Commercial kennel: $150.00.

2. Hobby kennel: $50.00.

3. Animal services facility: $75.00.

C. The fee for registration of a dangerous dog shall be $100.00.

D. The fee for an exotic animal license shall be $100.00.

E. The fee for miscellaneous charges shall be:

1. The fee for an animal facility license renewal after January 31st of each year: $50.00 additional.

2. The fee for a replacement fee for lost, valid animal license tag: $2.00.

F. The administrative appeal fee under Chapter 6.18 MCMC shall be $100.00. (Ord. 2007-660 § 2; Ord. 2006-656 § 1; Ord. 2004-594 § 1)

3.42.100 Fees under Chapter 6.18 MCMC – Animal impound and daily care charges.

A. The fee for impound charges shall be:

1. Dogs/cats released from the city’s contracted animal shelter provider:

a. First impound: Equal to the fees charged to the city based on the contractual agreement with the city’s contracted animal shelter provider.

2. Dogs/cats released from the city’s temporary kennels:

a. First impound: No fee.

b. Second impound or any subsequent impound if the animal is micro-chipped and/or has a license: $25.00.

c. Second impound or any subsequent impound if the animal is not micro-chipped and/or does not have a license: $75.00.

d. Any animal released from the city’s temporary kennel must be currently vaccinated for rabies. The animal owner must show a current rabies vaccination certificate at the time of release or, if the certificate is not available or the vaccination is not current, must show proof of vaccination within 10 calendar days. If within 10 calendar days the owner fails to provide proof of vaccination, enforcement action may be taken pursuant to MCMC 6.04.030.

3. Livestock:

a. First impound: $100.00 per head plus actual cost of impound.

b. Second or subsequent impound: $200.00 per head plus actual cost of impound.

4. Owner requesting pickup (dogs and cats only): Equal to the fees charged to the city based on the contractual agreement with the city’s contracted animal shelter provider.

B. The fee for daily care charges shall be:

1. Dogs and cats: Equal to the fees charged to the city based on the contractual agreement with the city’s contracted animal shelter provider.

2. Livestock: Actual cost.

3. Disposition of animal: Actual cost.

C. Dead animal pickup (dogs and cats only): $80.00. (Ord. 2007-660 § 3; Ord. 2006-656 § 2; Ord. 2006-633 § 2; Ord. 2004-594 § 1)

Article IV. MCMC Title 8 Fees

3.42.110 Fees under Chapter 8.12 MCMC – Surface water utility.

A. Surface water utility rates shall be assessed and billed annually pursuant to Chapter 8.12 MCMC.

B. Service charges shall be based on specific services provided by the city to a specific parcel and/or to the parcel’s surface water control facilities pursuant to MCMC 8.12.050.

C. Late fees and charges shall be assessed for delinquent payments pursuant to MCMC 8.12.090. (Ord. 2004-594 § 1)

Article V. MCMC Title 12 Fees

3.42.130 Fees under MCMC 12.04.060 – Right-of-way work permits.

A. The nonrefundable application fee for all permits shall be one of the following:

1. $50.00 for every new building and/or construction project undertaken on a single-family lot that will impact the public right-of-way.

2. $10.00 for every dwelling unit for the first 10 units and $5.00 for each additional dwelling unit for multi-family projects.

3. $50.00 for every through hauling permit.

4. $200.00 per acre for each commercial site ($200.00 minimum and prorated by quarter-acre increments).

5. $200.00 per acre for every preliminary plat and binding site plan ($200.00 minimum and prorated by quarter-acre increments).

6. $100.00 for every overweight limit permit.

7. $50.00 or as determined by the city engineer pursuant to Chapter 12.04 MCMC, for all other work performed within the public right-of-way.

B. The minimum deposit for performance and restoration shall be:

1. $250.00 per single-family residence.

2. $250.00 for each dwelling unit for the first 10 dwelling units and an additional $50.00 for each additional dwelling unit for multi-family residential development.

3. $1,000 per acre for each commercial site ($1,000 minimum and prorated by quarter-acre increments).

4. $1,000 per acre for every preliminary plat ($1,000 minimum and prorated by quarter-acre increments).

5. $250.00 or as determined by the city engineer for all other work performed within the public right-of-way.

C. The application fee and deposit amount for any specific proposal may be increased as determined appropriate by the director of public works and/or city manager to cover actual costs or ensure the adequacy of the deposit reserve. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

3.42.135 Fees under MCMC 12.08.050 – Public area use permits (special event permits).

A. The minimum daily fee for public area use permits for parades, fun runs, festivals, and fairs, etc., shall be:

1. Up to six hours during a 24-hour period: $100.00.

2. Over six hours during a 24-hour period: $200.00.

B. The city manager may establish and impose other charges arising from conditions imposed on public area use permits under the authority of MCMC 12.08.050. Such charges shall be based on actual cost plus 15 percent administrative charge. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

3.42.140 Fees under MCMC 12.10.070 – Street reimbursement agreement application.

The fee for street reimbursement agreement application shall be a minimum of $250.00 plus 25 percent of the value of the assessment contract, to a maximum of $2,500. (Ord. 2004-594 § 1)

3.42.145 Fees under Chapter 12.14 MCMC – Street vacations.

Right-of-way/street vacation: $400.00. (Ord. 2004-594 § 1)

3.42.147 Fees under Chapter 12.16 MCMC – Telecommunications.

A. Right-of-Way Use Authorization.

1. Application fee (MCMC 12.16.150): $250.00.

2. Renewal fee (MCMC 12.16.260): $150.00.

B. Telecommunications Franchise.

1. Application fee (MCMC 12.16.330): $5,000.

2. Renewal fee (MCMC 12.16.430): $5,000.

C. Facilities Lease.

1. Application fee (MCMC 12.16.500): $250.00.

2. Renewal fee (MCMC 12.16.610): $250.00.

D. Cable Television Franchise.

1. Application fee (MCMC 12.16.650): $5,000.

2. Renewal fee (MCMC 12.16.740): $5,000.

E. General Telecommunications.

1. Assignment/transfer fee (MCMC 12.16.1250): $250.00.

2. Telecommunications right-of-way work permit (MCMC 12.16.1380): $250.00.

3. Appeal of director’s decision (MCMC 12.16.170 and 12.16.1420): $250.00. (Ord. 2004-594 § 1)

Article VI. MCMC Title 15 Fees

3.42.150 Permit fees under Chapter 15.04 MCMC.

A. Building Permits. Fees for building permits shall be based on the fee schedule set forth in the current building code adopted by the city of Mill Creek. The fee shall be based on valuation and assessed pursuant to the most current Building Safety Journal Data Sheet as published by the International Code Conference.

B. Mechanical Permits. Fees for mechanical permits shall be based on the fee schedule set forth in the current mechanical code adopted by the city of Mill Creek.

C. Plumbing Permit. Fees for plumbing permits shall be based on the fee schedule set forth in the current plumbing code adopted by the city of Mill Creek.

D. State Surcharge. A state surcharge of $4.50 shall be added to the fee for each building permit issued. In addition, a fee of $2.00 per unit shall be imposed for each additional dwelling unit covered by a permit after the first unit. (Ord. 2004-594 § 1)

3.42.160 Other fees under Chapter 15.04 MCMC.

A. Single-family residential reroof permits: $100.00. A maximum of two inspections shall be made for each type of inspection. Fee for additional inspections shall be based on subsection (C)(3) of this section.

B. Commercial/multifamily reroof permits: fee to be based on job valuation pursuant to Table 1A of the 1997 Uniform Building Code.

C. Other Inspections and Fees.

1. Inspection outside of normal business hours: fee based on actual expenses with a $75.00 minimum.

2. Reinspection fee: $75.00.

3. Inspections for which no fee is specifically indicated: $75.00.

4. Initial plan review: 65 percent of the permit fee.

5. Additional plan review: $75.00/hour, minimum of two hours.

6. Certificate of occupancy to be issued for new tenants (if tenant improvement permit is not required): $100.00. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

3.42.165 Fees under Chapter 15.12 MCMC.

Grading and excavation permit fees shall consist of engineering plan review and construction inspection fees, and shall be determined and assessed in accordance with MCMC 3.42.210. (Ord. 2006-633 § 2)

Article VII. MCMC Titles 16 and 17 Fees

3.42.170 Fees under MCMC 17.34.040 – Design review.

A. The fee for design review of a building or site plan shall be: $500.00.

B. The fee for design review of landscaping shall be: $250.00.

C. The fee for design review of a sign shall be: $250.00.

D. Total for subsections A through C of this section: $1,000. (Ord. 2004-594 § 1)

3.42.180 Fees under MCMC 17.42.020 – Zoning and land use.

A. The following application or permit fees shall be payable in full, in advance for the identified action. All such fees are nonrefundable unless otherwise stated. These fees cover the review by the departments of community development and public works.

1. Comprehensive plan amendment (text or map) and associated rezone:

a. Zero to 10 acres: $2,500.

b. Over 10 acres: $5,000.

2. Zone text amendment: $2,500.

3. Subdivision:

a. Preliminary plat (long, five more lots): $2,500 plus $35.00 per lot.

b. Final plat (long): $1,500 plus $20.00 per lot.

c. Plat (short, one to four lots): $1,500.

d. Final plat (short): $500.00.

4. Binding site plan:

a. Application: $5,000.

b. Final binding site plan: $1,000.

5. Modifications to approved land use permits/decisions:

a. Major modification: $2,500.

b. Minor modification: $250.00.

6. Administrative reviews.

a. Zoning certification letter: $150.00.

b. Administrative determinations/approvals: $200.00.

7. Conditional use permit:

a. Family day care: $400.00.

b. All other conditional uses: $1,500.

8. Variance: $500.00.

9. Grading permit: see MCMC 3.42.210 for fee formula.

10. Tree cutting permit:

a. Hazardous or dead/diseased tree: $0.00.

b. All other: $50.00.

11. Demolition permit: $50.00.

12. Lot line adjustment or lot line consolidation: $500.00.

13. Home occupation permit:

a. Group A permit: $50.00.

b. Group B permit: $100.00.

14. Appeal of land use or administrative determinations as follows:

a. Administrative determinations: $100.00.

b. Administrative approvals: $250.00.

c. SEPA determination of significance: $250.00.

d. Board of appeals/adjustment decision: $500.00.

e. Design review board decisions: $500.00.

f. Planning commission recommendation: $500.00.

g. SEPA determination of nonsignificance/mitigated determination of nonsignificance: $500.00.

15. Real estate/directional sign permit:

a. Homeowner: $25.00.

b. All other: $100.00.

16. Temporary construction sign permit: $25.00.

17. Commercial, shopping center and noncommercial banner or temporary sign display: $25.00.

18. Political sign deposit: $25.00.

a. Political sign deposits shall be refunded; provided, that:

i. All political signs for which the deposit was made are removed within five days following the election for which they were posted; and

ii. The depositor complies with the refund requirements in MCMC 3.42.045.

19. Commercial wall sign: fee is based on construction cost and assessed pursuant to the most current Table 1A of the 1997 Uniform Building Code.

20. Fence permit: $25.00. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

Article VIII. MCMC Title 18 Fees

3.42.190 Fees under MCMC 18.04.270 – Environmental matters.

The following fees shall be payable for the listed actions:

A. Review of SEPA checklist: $500.00.

B. EIS review: $1,500 minimum or direct expenses at director’s determination. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

3.42.200 Fees for annexation applications.

The fee for land annexation applications shall be:

A. Ten acres or less gross area: $350.00.

B. More than 10 acres gross area: $700.00. (Ord. 2004-594 § 1)

3.42.210 Engineering plan review, construction inspection, grading and initial surface water utility fees.

All engineering plan review, construction inspection, grading and initial surface water utility fees listed in this section shall be paid to the city prior to approval of any civil construction plans submitted by or on behalf of the applicant. The applicant shall pay a plan review deposit to the city with the first submittal of civil construction drawings, the amount of which shall be determined by the director of public works.

Notwithstanding the fee schedule listed below, the director of public works may determine the appropriate engineering plan review, construction inspection, grading, and initial surface water utility fees for land development projects or site improvements to existing properties that are under $50,000 in value.

A. Engineering Plan Review Fee.

B. Construction Inspection Fee.

C. Initial Surface Water Utility Fee for New Development. The applicant shall pay an initial surface water utility fee prior to civil construction plan approval due to the clearing of vegetation and altering the existing hydrology of the site. This initial fee shall be calculated from the date of plan approval and shall be based on the number of lots or amount of impervious surface per Chapter 8.12 MCMC. (Ord. 2006-633 § 2; Ord. 2004-594 § 1)

3.42.220 Fees for additional staff consultation.

In accordance with MCMC 14.15.010, applicants may be charged an hourly fee for consultations and meetings requested by the applicant that occur after the formal presubmission meeting and prior to the open public hearing as set forth in Chapter 14.15 MCMC. Billing rates shall be imposed consistent with the hourly salary rate of attending staff members. (Ord. 2004-594 § 1)

3.42.230 Miscellaneous fees.

A. Public Works and Planning Department.

1. City development code: $20.00.

Available via the city’s website, www.cityofmillcreek.com: Free.

2. Municipal code book:

a. Hard copy: $35.00.

b. Electronic copy: $10.00.

Available via the city’s website, www.cityofmillcreek.com: Free.

3. Engineering standard plans hard copy: $15.00.

4. Engineering standard plans electronic copy: $10.00.

5. Address or street map (bound): $6.00.

6. Zoning map available via the city’s website, www.cityofmillcreek.com: Free.

7. Large (36'' x 48'') color map: $40.00.

8. Medium (24'' x 36'') map: $25.00.

9. Small black and white map (11'' x 17''): Free.

10. Plans and specifications: Direct costs.

11. Base map or blueprints: $2.00 per page.

12. Installation of memorial tree by city staff: $50.00.

13. Plaque for memorial tree program: $35.00.

14. Installation of memorial bench: Direct costs.

15. Town Center design guidelines: $10.00.

16. Comprehensive plan: $40.00.

Available via the city’s website, www.cityofmillcreek.com: Free.

B. Clerk-Treasurer Department.

1. Community room use charges:

a. Hourly rental fee:

i. First and second priority groups: $0.00.

ii. Third priority groups: $25.00.

b. Facility use deposit:

i. First priority groups: $0.00.

ii. Second and third priority groups:

*With food served: $100.00.

*With no food served: $50.00.

2. Photocopies (no charge for first 10 pages): $0.15 per page.

3. NSF checks: $20.00 each.

4. Outstanding assessment information requests: $25.00.

C. Police Department.

1. Accident report: $0.15 per page.

2. Incident report (insurance): $0.15 per page.

3. Fingerprints: $5.00.

4. Service of civil papers: $30.00.

5. Criminal history checks: $5.00. (Ord. 2004-594 § 1)