Chapter 1
ADMINISTRATION AND ENFORCEMENT

CHAPTER GUIDE: Chapter 4-1 RMC provides the framework for Title 4 in terms of identifying the City’s authority to adopt development regulations, stating the relationship and consistency of the development regulations with the Comprehensive Plan, providing for interpretation and enforcement of the development regulations, listing fee information, and referencing violation and penalty consequences.

This Chapter last amended by Ord. 5400, July 14, 2008.

4-1-010 TITLE:

This Title shall be known as the City of Renton Development Regulations.

4-1-020 PURPOSE:

It is the intent of the Renton City Council that these regulations implement the City’s policies adopted in the City’s Comprehensive Plan in compliance with the Washington State Growth Management Act (GMA) and implement the requirements of the State’s Regulatory Reform Act, which has a primary goal of integrating environmental review with project review.

4-1-030 AUTHORITY TO ADOPT REGULATIONS:

The City of Renton Development Regulations are adopted by City ordinance pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act and chapter 36.70B RCW. (Ord. 4722, 5-11-1998)

4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED: (RESERVED)

4-1-050 ROLES AND RESPONSIBILITIES:

The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies are set forth in RMC 4-8-070.

(Ord. 2188, 10-25-1965; Ord. 2630, 4-26-1971; Ord. 2962, 9-8-1975; Ord. 2967, 9-22-1975; Ord. 3101, 1-17-1977; Ord. 3592, 12-14-1981; Ord. 3760, 12-5-1983; Ord. 4342, 2-3-1992; Ord. 4584, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4648, 1-6-1997; Ord. 4722, 5-11-1998; Ord. 4777, 4-19-1999; Ord. 4802, 10-25-1999, Ord. 4821, 12-20-1999; Ord. 4827, 1-24-2000; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4954, 2-11-2002; Amd. Ord. 4963, 5-13-2002)

4-1-060 COMPREHENSIVE PLAN:

A. PURPOSES OF PLAN:

1. The primary purpose of the Comprehensive Plan is to define and establish the policy relating to the development of the community as a whole; to indicate the principles and objectives which shall guide the establishment, development and implementation of definite and precise plans, public and private; to provide for the coordination of the many separate plans which govern the development of this community, to officially adopt a program and guide which will enable the City to attain the principles and objectives set forth in chapter 35.63 RCW and the Growth Management Act (chapter 36.70A RCW) in the manner provided. (Ord. 4437, 2-21-1994)

2. The overriding consideration is to promote public safety, welfare, and interest. Additional factors to be considered (not in order of priority) are preservation of property rights, protection of life and property, equal opportunities, public interests prevailing over private interests, and economic and social benefits. (Ord. 3976, 3-3-1986)

3. The Comprehensive Plan is intended to guide the enactment of development regulations that are consistent with the Comprehensive Plan and capital budget decisions that are in conformance with the Comprehensive Plan.

4. The Comprehensive Plan is intended to help resolve some of the dilemmas confronting municipal officials and the people they represent, and to provide a coordinated approach to local and regional problem solving.

5. Additional purposes of the Comprehensive Plan are:

a. To improve the physical and social environment of the City as a setting for human activities; to make it more functional, beautiful, decent, healthful, interesting and efficient;

b. To insure acceptable levels of access, utilities and other public services to future growth and development;

c. To promote the public interest, and the interest of the City at large;

d. To facilitate the democratic determination and implementation of City policies and development;

e. To effect coordination in development;

f. To inject long range considerations into the determination of short-range actions;

g. To provide professional and technical knowledge in the decisions affecting development of the City; and

h. To guide future development and growth in the City that is consistent with the goals and objectives of the Growth Management Act as defined in RCW 36.70A.020, Planning Goals.

B. DESCRIPTION OF PLAN:

The planning horizon for the Comprehensive Plan is twenty (20) years. The Plan is, of necessity, general in its proposals. It must be flexible, since it is impossible to predict all future events which may affect the community. The Plan is not a development regulation, although it makes significant recommendations for future land use. The Plan is not precise. It does not present engineering accuracy, nor does it claim to predict exactly the future use of every parcel of property. It is not intended to retroactively impose compliance with goals, objectives and policies upon existing developed property, but voluntary compliance is encouraged.

C. PLAN ELEMENTS:

1. Required Elements: The Comprehensive Plan shall contain the following mandatory planning elements as required by the Growth Management Act:

a. A land use element designating the proposed distribution, location and extent of the uses of land.

b. A transportation element that is consistent with the land use element and includes land use assumptions, an inventory of facility and service needs, service standards, financing needs and a reassessment of land use, if service standards cannot be met.

c. A housing element containing an inventory of needs, policies for protection and development of housing for all economic segments of the community and identifying sufficient land for housing.

d. A utilities element consisting of an inventory of needs and policies for the development of utilities and the location, proposed location and capacity of all existing and proposed utilities.

e. A capital facilities element that includes an inventory of all capital facilities, forecast of future needs, proposed location of new or expanded facilities, a six (6) year funding plan and a reassessment of the land use element, if funding falls short.

2. Optional Elements: The Comprehensive Plan may include additional elements, relating to the physical development within the City; including, but not limited to, subarea plans, each of which is consistent with the other elements of the Comprehensive Plan.

3. Land Use Element Map: The land use element map, maintained on display in the customer service area of the Planning/Building/Public Works Department, illustrates in broad and general terms the desired development of the City during the twenty (20) year planning period. (Ord. 4437, 2-21-1994; Amd. Ord. 5153, 9-26-2005)

D. ADOPTION:

The Comprehensive Plan and any amendments and associated subarea plans area adopted by ordinance of the City Council after public hearing by the Council. (Ord. 5153, 9-26-2005)

4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN:

A. CONSISTENCY REQUIRED:

All City programs materially affecting land use, including land use regulatory codes, shall be consistent with the Comprehensive Plan. (Ord. 3976, 3-3-1986)

B. INSTRUMENTS IMPLEMENTING THE COMPREHENSIVE PLAN:

In order to fully accomplish the objectives and principles of the Comprehensive Plan, all resolutions and regulations of the City concerned with the development and welfare of the community and its people shall be considered in light of the principles, objectives and policies set forth in the Plan. To fulfill the requirements of chapters 35.63 and 36.70A RCW, and in the interest of public safety, health, morals and the general welfare, the following instruments will implement the Comprehensive Plan:

1. Title 4 – Development Regulations:

Chapter 1 Administration and Enforcement

Chapter 2 Zoning Districts: Uses and Standards

Chapter 3 Environmental Regulations and Overlay Districts

Chapter 4 City-Wide Property Development Standards

Chapter 5 Building and Fire Prevention Standards

Chapter 6 Street and Utility Standards

Chapter 7 Subdivision Regulations

Chapter 8 Permits – General and Appeals

Chapter 9 Permits – Specific

Chapter 10 Nonconforming Structures, Uses and Lots

Chapter 11 Definitions

(Ord. 5153, 9-26-2005)

2. Title 8 – Health and Sanitation:

Chapter 2 Storm and Surface Water Drainage

Chapter 4 Water

Chapter 5 Sewers

Chapter 6 Solid Waste Utility

Chapter 7 Noise Level Regulations

3. Title 10 – Traffic:

Chapter 10 Parking Regulations

(Ord. 4437, 2-21-1994; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002)

4-1-080 INTERPRETATION:

A. ADMINISTRATIVE INTERPRETATION:

1. General: The Planning/Building/Public Works Administrator is hereby authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any interpretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulations.

2. Zoning Conflicts: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Zoning Districts: Uses and Standards, and the standards and regulations contained in another Section, the Zoning Administrator shall determine which requirement shall prevail in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulation. (Ord. 5153, 9-26-2005)

B. CONFLICTS AND OVERLAPS:

This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title and another regulation, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005)

C. INTERPRETATION OF REQUIREMENTS:

In interpreting and applying the provisions of this Title, the requirements herein shall be:

1. Considered the minimum for the promotion of the public health, safety, morals and general welfare;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005)

D. MORE RESTRICTIVE/HIGHER STANDARDS TO GOVERN:

Wherever any regulation in this Title imposes higher or more restrictive standards than are required in any other statute or regulation, the provisions of this Title shall govern. Wherever the provisions of any other statute or regulation impose higher or more restrictive standards, the provisions of such other statute or regulation shall govern. (Ord. 4404, 6-7-1993; Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005)

E. TERMINOLOGY:

When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory. (Ord. 4007, 7-14-1986; Amd. Ord. 5153, 9-26-2005)

4-1-090 LIABILITY:

A. CITY OFFICER OR EMPLOYEE NOT LIABLE:

No officer, agent or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Title. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this Title shall be defended by the City Attorney until the final determination of the proceedings therein. (Ord. 2820, 1-14-1974, eff. 1-19-1974)

The Administrative Authority or any employee performing duties in connection with the enforcement of this Title and acting in good faith and without malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from any such act or omission, the City Attorney shall, at the request of and on behalf of said Administrative Authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such Administrative Authority or employee, said claim or judgment shall be paid by the City. (Ord. 4546, 7-24-1995)

B. LIABILITY OF OWNER OR BUILDER NOT REDUCED:

This Title shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, moving, modifying, or maintaining any structure or land use in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City of Renton, or any of its agents thereof, be held as assuming such liability by reason of permit, approval, inspection, certificate of inspection or certificate of occupancy issued by the City or any of its agents. (Ord. 2877, 9-9-1974)

C. DISCLAIMER OF LIABILITY:

The degree of hazard protection required by RMC 4-3-050, Critical Areas Regulations, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. RMC 4-3-050 does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. RMC 4-3-050 shall not create liability on the part of the City, any officer or employee thereof for damages that result from reliance on this section or any administrative decision lawfully made hereunder. (Ord. 4835, 3-27-2000)

4-1-100 ENFORCEMENT:

A. PURPOSE:

The purpose of this Section is to promote compliance with this Title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in chapter 1-3 RMC, Remedies and Penalties, when violations of this Title occur. The provisions of this Title and any conditions associated with entitlements approved by the City shall be diligently enforced in order to promote the City’s planning efforts and to protect the public health, safety, and welfare. A further intent of this Section is to ensure that no permit, license, or land use approval is issued in conflict with the provisions of this Title. (Ord. 4856, 8-21-2000; Amd. Ord. 5153, 9-26-2005)

B. RESPONSIBILITY AND AUTHORITY:

The Development Services Director, or his/her designee, shall be authorized to enforce the provisions of Title 4 of the Renton Municipal Code. The Director shall also enforce any implementing administrative rules, administration, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty and abatement provisions of chapter 1-3 RMC, Remedies and Penalties. (Ord. 5153, 9-26-2005)

4-1-110 VIOLATIONS AND PENALTIES:

A. VIOLATIONS:

Violations are illegal and are misdemeanors subject to the enforcement penalty and abatement procedures of RMC 1-3-1 and 1-3-3. (Ord. 4346, 3-9-1992; Amd. Ord. 5153, 9-26-2005)

B. REMEDIES AND PENALTIES:

1. Stop Work Order: Any construction in violation of this Title, or any condition(s) imposed on a permit or license, may be subject to the issuance of a “Stop Work Order.”

2. Refusal of Approvals:

a. The City shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Renton Municipal Code or state subdivision regulations.

b. No approval shall be granted for a land use permit, land division, or building permit for any parcel of land on which there is a violation of any City or state law or permit to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval.

c. The City shall not issue any permit or grant any land use approval to any individual or corporation that has not paid all land use-related fines, penalties, permit fees, or collections due to the City for any previous infraction or criminal violation of RMC Title 4.

3. Provisions of RMC 1-3-1: Any person violating or failing to comply with any order made hereunder shall be guilty of a misdemeanor and punished pursuant to RMC 1-3-1.

4. Remedies Cumulative: All remedies concerning this Title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

5. Recovery of Costs: Where any action or activity is required to be taken by a person under the provisions of this Title, the City Administration may direct that in default of its being done by the responsible party, such action or activity shall be done at the expense of the party in default and the City may recover the expenses. (Ord. 4722, 5-11-1998; Amd. Ord. 4856, 8-21-2000; Ord. 5153, 9-26-2005)

C. INITIATION OF PROCEEDINGS AGAINST VIOLATION:

1. The City may initiate proceedings to revoke or modify any permit or land use approval it has issued;

2. An aggrieved party may file a request for the City to initiate revocation or modification proceedings, or suspend a permit, or land use approval. (Ord. 5153, 9-26-2005)

D. AUTHORITY TO REVOKE OR MODIFY A PERMIT OR LAND USE APPROVAL:

Authority to revoke or modify a permit or land use approval shall be exercised by the approving body, as follows:

1. The City Council, after a recommendation from the Hearing Examiner, may revoke, modify, or refuse to grant any preliminary subdivision, zone reclassification or other approval issued by the Council or Hearing Examiner.

2. The Planning/Building/Public Works Administrator may, for cause, revoke or modify any permit or other land use approval issued by the Administrator.

3. For purposes of this Section, cause to revoke or modify a permit or land use approval shall mean that the permit or land use approval was obtained by fraud or by providing inaccurate, incomplete, or misleading information where the person holding the permit fails to perform a condition precedent or subsequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005)

E. CRITERIA FOR PERMIT SUSPENSION, REVOCATION OR MODIFICATION:

Any permit, or other land use approval issued by the City pursuant to this Title, may be suspended, revoked or modified on one or more of the following grounds:

1. The approval was obtained by fraud;

2. The approval was based upon inaccurate, incomplete or misleading information provided by the applicant;

3. The holder of the permit or approval interferes with the Administrator or any authorized representative in the performance of his or her duties related to the permit or approval; or

4. The holder of the permit or approval fails to comply with any notice and order issued pursuant to code compliance regulations;

5. The holder of the permit or approval fails to comply with the condition precedent or subsequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005)

F. APPEALS:

See RMC 4-8-110 for appeal process. (Ord. 5153, 9-26-2005)

4-1-120 SEVERABILITY:

If any provision of this Title or its application to any person or property is held invalid by a court of competent jurisdiction, the remainder of the Title or the application of the provision to other persons or circumstances shall not be affected. (Ord. 4522, 6-5-1995)

4-1-130 TITLE NOT EXCLUSIVE:

Nothing in this Title shall be construed to abrogate or impair the power of the City or any department thereof to enforce any provision of its Charter or its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this Title shall be in addition to and supplemental to powers conferred by other laws, nor shall this Title be construed to impair or limit in any way the power of the City to define and declare nuisance and to cause their removal or abatement by summary proceedings, or in any manner provided by law. (Ord. 4546, 7-24-1995)

4-1-140 BUILDING FEES:

A. BUILDING PERMIT FEES:

Payable prior to issuance of building permit.

TOTAL VALUATION:	FEE:
$1.00 to $500.00	$28.00
$501.00 to $2,000.00	$28.00 for the first $500.00 plus $3.65 for each additional $100.00, or fraction thereof, to and including $2,000.00
$2,001.00 to $25,000.00	$82.75 for the first $2,000.00 plus $16.75 for each additional $1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00	$468.00 for the first $25,000.00 plus $12.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00	$696.00 for the first $50,000.00 plus $8.35 for each additional $1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00	$1,113.50 for the first $100,000.00 plus $6.70 for each additional $1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00	$3,793.50 for the first $500,000.00 plus $5.65 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up	$6,615.50 for the first $1,000,000.00 plus $4.35 for each additional $1,000.00, or fraction thereof

(Ord. 4546, 7-24-1995; Amd. Ord. 4768, 3-8-1999; Ord. 5085, 6-21-2004)

B. COMBINATION BUILDING PERMIT FEES:

For each new single family residential structure. Payable prior to issuance of building permit.

TYPE OF WORK	PLUS FEE AMOUNT BASED UPON RESIDENTIAL STRUCTURE SQUARE FOOTAGE
	Up to 3,000 sq. ft.	Over 3,000 sq. ft.
Plumbing	$150.00	$175.00
Mechanical	$150.00	$175.00
Electrical	$75.00	$100.00

(Ord. 4673, 7-28-1997; Amd. Ord. 4768, 3-8-1999; Ord. 5085, 6-21-2004)

C. BUILDING PLAN CHECK FEE:

In addition to the building permit fees or combination building permit fees, a plan check fee equal to sixty five percent (65%) of the permit fee will be charged on all building permits. Payable at the time of building permit application submittal.

D. DEMOLITION PERMIT FEE:

Fifteen dollars ($15.00). (Ord. 5153, 9-26-2005)

E. STATE BUILDING CODE FEE:

A State building fee of four dollars fifty cents ($4.50) shall be charged to all projects requiring a building permit as well as an additional two dollars ($2.00) for each unit of multi-family. (Ord. 5153, 9-26-2005)

F. ELECTRICAL PERMIT FEES:

1. RESIDENTIAL FEES – SINGLE FAMILY AND DUPLEX
a. New Service – Single Family and Duplex:
Up to 200 AMP	$70.00
Over 200 AMP	$80.00
b. Service Changes/New Circuits – Single Family and Duplex:
Change up to 200 AMP	$45.00
Change over 200 AMP	$60.00
Any new circuits added to above	$15.00 each (to a maximum of $45.00)
Minimum fee for remodel/addition of new circuits without a service charge	$45.00
2. MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL FEES
Fees for all types of electrical permits are based on value of work:
$1.00 – 250.00	$45.00
$250.01 – 1,000.00	$45.00 + 3.3% of cost
$1,000.01 – 5,000.00	$78.00 + 2.9% of value
$5,000.01 – 50,000.00	$223.00 + 1.7% of value
$50,000.01 – 250,000.00	$1,073.00 + 1.0% of value
$250,000.01 – 1,000,000.00	$3,573.00 + 0.8% of value
$1,000,000.01 and up	$11,573.00 + 0.45% of value
3. TEMPORARY ELECTRICAL SERVICES – $45.00
4. MISCELLANEOUS ELECTRICAL FEES
Job Trailers	$45.00 each
Signs	$45.00 each
Swimming Pools, Hot Tubs, Saunas	$60.00 each
Mobile Homes	$45.00
Low Voltage Work (e.g., alarm systems; thermostats; computer, data, or phone lines; fibre optics, cable television, etc.)	50% of standard fee

(Ord. 4400, 5-3-1993; Ord. 4596, 4-8-1996; Ord. 4673, 7-28-1997)

5. Exemption: Residential telephone communication systems, thermostats, security systems, and cable television installations are exempt from fees under this Section. (Ord. 4073, 6-8-1987; Ord. 4400, 5-3-1993; Ord. 4596, 4-8-1996; Amd. Ord. 4768, 3-8-1999; Ord. 5085, 6-21-2004)

G. GRADE AND FILL LICENSE FEES:

Fees shall be based on the volume of the excavation and fill.

1. GRADING LICENSE FEES:
Volume of Excavation and Fill	Fee Amount
50 cubic yards or less	$10.00
51 – 100 cubic yards	$15.00
101 – 1,000 cubic yards:
– for the first 100 cubic yards	$15.00
– for each additional 100 cubic yards or fraction	$7.00
1,001 – 10,000 cubic yards:
– for the first 1,000 cubic yards	$78.00
– for each additional 1,000 cubic yards or fraction	$6.00
10,001 – 100,000 cubic yards:
– for the first 10,000 cubic yards	$132.00
– for each additional 10,000 cubic yards or fraction	$27.00
100,001 or more cubic yards:
– for the first 100,000 cubic yards	$375.00
– for each additional 100,000 cubic yards	$15.00

(Ord. 2820, 1-14-1974 eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981)

In addition to the license fees, a grading plan check fee and a drainage plan check fee is charged for all grading licenses requiring plan review. Before accepting a set of plans and specifications for checking, the Development Services Division shall collect a plan checking fee.

2. GRADING PLAN CHECK FEES:
Number of Cubic Yards	Fee Amount
50 cubic yards or less	$5.00
51 – 100 cubic yards	$10.00
101 – 1,000 cubic yards	$15.00
1,001 – 10,000 cubic yards	$20.00
10,001 – 100,000 cubic yards:
– for the first 10,000 cubic yards	$20.00
– for each additional 10,000 cubic yards	$10.00
100,001 – 200,000 cubic yards:
– for the first 100,000 cubic yards	$110.00
– for each additional 10,000 cubic yards	$6.00
200,001 or more cubic yards:
– for the first 200,000 cubic yards	$170.00
– for each additional 10,000 cubic yards	$3.00
3. DRAINAGE PLAN CHECK FEES ASSOCIATED WITH A GRADING LICENSE:
$50.00, plus $1.00 for every 10,000 square feet of land area

(Ord. 3832, 8-13-1984; Ord. 2820, 1-14-1974, eff. 1-19-1974)

4. Solid Waste Fills: The plan check fee for solid waste fills shall be one and one-half (1-1/2) times the plan checking fees listed above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference between the fee paid for the original license and the fee shown for the entire project. (Ord. 2820, 1-14-1974)

5. Annual Licenses of Solid Waste Fills: The fee for annual licenses for solid waste fills shall be one and one-half (1-1/2) times the plan checking fees listed above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference between the fee paid for the original license and the fee shown for the entire project. Any unused fee may be carried forward to the next year. If any work is done before the license is issued, the grading license fee shall be doubled. (Ord. 2820, 1-14-1974; Amd. Ord. 3592 12-14-1981)

H. HOUSE MOVING/MINIMUM INSPECTION FEE:

Seventy five dollars ($75.00) per hour. This covers only the Building Section inspection of the structure prior to move. There is a separate additional fee charged by the Public Works Department to cover the actual house move permit. A building permit is also required in order to site the structure on the new site. (Ord. 4491, 12-19-1994)

I. INSPECTION FEE FOR CONDOMINIUM CONVERSIONS:

One hundred dollars ($100.00) for the first unit and fifteen dollars ($15.00) per unit thereafter. (Ord. 3366, 10-15-1979)

J. MANUFACTURED/MOBILE HOME INSTALLATION FEES:

Includes plan review and inspection fees for the foundation (electrical, plumbing, mechanical, sewer and water connection fees are in addition to these amounts).

Location	Fee
Within a manufactured home park	$100.00
Outside of a manufactured home park	Building permit fee pursuant to RMC 4-1-140A (based upon the combined value of the home and foundation) and a plan review fee pursuant to RMC 4-1-140C.

(Ord. 3770, 12-19-1983; Amd. Ord. 4768, 3-8-1999)

K. MECHANICAL PERMIT FEES:

BASIC PERMIT FEE:	$45.00
Plus Itemized Fees Below:
Heating and Air Conditioning System:
Installation, alteration, repair, addition, or relocation of each: Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air conditioner, chiller or Air Handling Unit (VAV) including ducts and vents)	$17.00
Boiler or Compressor:
Installation or relocation of each:
to and including 3 horsepower	$17.00
over 3 horsepower to and including 15 horsepower	$30.00
over 15 horsepower to and including 30 horsepower	$40.00
over 30 horsepower to and including 50 horsepower	$60.00
over 50 horsepower	$100.00
Absorption System:
Installation or relocation of each:
to and including 100,000 Btu/h	$17.00
over 100,000 Btu/h to and including 500,000 Btu/h	$30.00
over 500,000 Btu/h to and including 1,000,000 Btu/h	$40.00
over 1,000,000 Btu/h to and including 1,750,000 Btu/h	$60.00
over 1,750,000 Btu/h	$100.00
Residential ventilation/exhaust fan Plus Itemized Fees Below:	$8.00 each
Commercial ventilation/exhaust system not a portion of any heating or air-conditioning system authorized by a permit	$17.00 each
Commercial Hood:
Installation of each served by a mechanical exhaust, including the ducts for such hood	$50.00 each
Incinerator:
Installation or relocation of each	$75.00 each
Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code	$17.00 each
Fuel Gas Piping:
Each gas-piping system of 1 to 4 outlets	$12.00
Each gas-piping system of 5 or more outlets, per outlet	$2.50

(Ord. 4596, 4-8-1996; Amd. Ord. 4768, 3-8-1999; Ord. 5085, 6-21-2004)

L. PLUMBING PERMIT FEES:

BASE FEE FOR ALL TYPES OF WORK:	$45.00
Plus Itemized Fees Below:
Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap	$8.00
For meter to house water service	$8.00
Per outlet associated with a gas piping system	up to 5: $12.00 additional outlets are $2.50 each
Per drain for rainwater systems	$8.00
Per lawn sprinkler system – includes backflow prevention	$8.00
Per fixture for repair or alteration of drainage or vent piping	$8.00
Per vacuum breaker or backflow protection device on tanks, vats, etc.	$8.00
Per interceptor for industrial waste pretreatment	$8.00

(Ord. 4596, 4-8-1996, Amd. Ord. 4673, 7-28-1997; Ord. 4768, 3-8-1999; Ord. 5085, 6-21-2004)

M. SIGN PERMIT FEES:

1. PERMANENT SIGNS:
Roof, projecting, awning, canopy, marquee and wall signs	$125.00 per tenant for any number of signs
Freestanding ground and pole signs	$175.00 per sign

(Amd. Ord. 4768, 3-8-1999)

2. (Deleted by Ord. 4768, 3-8-1999) (Ord. 3719, 4-11-1983)

3. TEMPORARY AND PORTABLE SIGNS:	Fee Amount
Real Estate Directional Signs, pursuant to RMC 4-4-100J2	$50.00 per sign, permit valid for a 12-month period
Grand Opening Event Signs, pursuant to RMC 4-4-100J6d(1)	$25.00 per site, per opening
Event Signs, pursuant to RMC 4-4-100J6d(2) and (3)	$15.00 per type of sign identified in RMC 4-4-100J6b, per promotion
A-Frame Signs, pursuant to RMC 4-4-100J5	$100.00 for the first sign and $50.00 for each additional sign, for a 12-month period
Commercial Property Real Estate Banner	$50.00 per sign, permit valid for a 12-month period
Decorative Flags	$50.00 per entrance, permit valid until flag(s) removed

(Ord. 3719, 4-11-1983; Amd. Ord. 4817, 11-22-1999; Ord. 4848, 6-26-2000; Ord. 4908, 6-11-2001; Ord. 5062, 1-26-2004)

4. Request for Administrative Modifications of City Center Sign Regulations per RMC 4-4-100H9: One hundred dollars ($100.00). (Ord. 4720, 5-4-1998)

5. Work in Advance of Sign Permit Issuance: Where work for which the permit is required by this Title is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled; but the payment of such double fee shall not relieve any persons from complying with the requirements of this Title in the execution of the work nor from any other penalties prescribed herein. (Ord. 3719, 4-11-1983; Amd. Ord. 4848, 6-26-2000)

N. SWIMMING POOL/HOT TUB/SPA INSTALLATION FEES:

Type of Work/Installation	Fee Amount
Public pool, spa, hot tub	$30.00
Private pool, spa, hot tub	$20.00
Pool filling system, including backflow prevention, each	$2.00
Each water heater and/or vent	$2.00
Gas piping system, each	$2.00
Replacing of filter	$3.00
Miscellaneous replacements	$3.00
Backwash receptor	$2.00

O. MISCELLANEOUS FEES:

1. Replacement Permit Fee: Permit copies for replacement of lost or mutilated building, demolition, grading, plumbing, electrical or mechanical permit will be furnished upon a payment of a service fee of twenty dollars ($20.00).

2. Re-Inspection Fees: Re-inspection fees are assessed under the provisions of Section 305.8 of the Uniform Building Code. Re-inspection fees shall be forty seven dollars ($47.00) per hour or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

3. Plan Review Fees for Electrical, Plumbing, or Mechanical Permits: In addition to the above permit fees, a plan check fee equal to forty percent (40%) of the permit fee may be charged when required by the Building Official. (Ord. 4596, 4-8-1996; Amd. Ord. 4768, 3-8-1999)

P. REFUND OF BUILDING DIVISION FEES:

1. Authority to Refund Fees: The Development Services Director may authorize the refunding of any fees paid hereunder which were erroneously paid or collected.

2. Amount Refunded:

a. Permit Fee: Due to the City’s cost in screening, accepting, and initial processing of land use applications the Development Services Director may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no substantial work has been done under a permit issued in accordance with this Code.

b. Plan Review Fee: Due to the City’s cost in screening, accepting, and initial processing of land use applications, the Development Services Director may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an applicant for a permit for which a plan review fee has been paid is withdrawn or cancelled before any substantial plan review effort has been expended.

3. Method of Obtaining Refund and Time Limit: The Development Services Director shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of the fee payment. (Ord. 5153, 9-26-2005)

4-1-150 FIRE PREVENTION FEES:

A

A. FIRE PLAN REVIEW AND INSPECTION FEES:
Value of Work	Fee Amount
$0 to $249.99	$30.00
$250.00 to $999.99	$30.00 plus 2% of the cost
$1,000.00 to $4,999.99	$50.00 plus 2% of the cost
$5,000.00 or more	$120.00 plus 0.9% of the cost
Construction Re-Inspection	A fee of $60.00 per hour may be assessed if the requested inspection does not meet the approval of the inspector
Violation Re-Inspection after 30-day period (whenever 30 days or more have passed since Fire Department notification of a violation, which required re-inspection, and such violation has not been remedied or granted an extension)	$50.00
Pre-Citation Follow-Up Inspection when re-inspections are required beyond the original re-inspection	$50.00 each inspection
Malfunctioning Fire Alarm Fee	First, second, and third false alarms – no charge. Fourth and fifth false alarms in a calendar year – $50.00/each. Sixth false alarm and successive false alarms in a calendar year – $100.00/each
Late Payment Penalty	$25.00 for late payment of malfunctioning fire alarm fee and pre-citation inspection fee
B. FIRE PERMIT TYPE:	FEE AMOUNT:
Operational Fire Code Permit (issued in accordance with Section 105.6 of the IFC)	$60.00 per year. Exception 1 – Hazardous materials and HPM facilities $100.00 per year
Construction Permit	20% of the above Plan Review/Inspection Fee or a minimum of $50.00, whichever is greater
Replacement for Lost Permit	$25.00 for each permit
Hazardous Production Materials Permit (for businesses storing, handling, or using hazardous production materials as regulated in the fire code)	$100.00 per year
Underground Tank Removal Permit (commercial)	See Plan Review and Construction Permit Fees
Underground Tank Removal or Abandonment-in-Place Permit (residential)	$60.00

(Ord. 4547, 7-24-1995; Amd. Ord. 5086, 6-21-2004; Ord. 5177, 12-12-2005; Ord. 5193, 1-23-2006)

4-1-160 SCHOOL IMPACT MITIGATION FEES:

A. FINDINGS AND AUTHORITY:

The City Council of the City of Renton (the “Council”) hereby finds and determines that new growth and development in the City of Renton will create additional demand and need for school facilities, and the Council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development.

Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this Section to assess school impact fees for the Issaquah School District and the Kent School District. The provisions of this Section shall be liberally construed in order to carry out the purposes of the Council in establishing the school impact fee program. (Ord. 5263, 3-5-2007)

B. DEFINITIONS:

The following words and terms shall have the following meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

1. “Capital Facilities Plan” means the District’s Capital Facilities Plan adopted by the School Board consisting of:

a. A forecast of future needs for school facilities based on the District’s enrollment projections;

b. The long-range construction and capital improvements projects of the District;

c. The schools under construction or expansion;

d. The proposed locations and capacities of expanded or new school facilities;

e. At least a six (6) year Financing Plan Component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and

f. Any other long-range projects planned by the District.

2. “City” means the City of Renton, King County, Washington.

3. “Classrooms” means educational facilities of the District required to house students for its basic educational program. The classrooms are those facilities the District determines are necessary to best serve its student population. Specialized facilities as identified by the District, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms.

4. “Construction Cost Per Student” means the estimated cost of construction of a permanent school facility in the District for the grade span of school to be provided, as a function of the District’s design standard per grade span and taking into account the requirements of students with special needs.

5. “Design Standard” means the space required, by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the District as identified in the District’s Capital Facilities Plan.

6. “Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

7. “Development Activity” means any residential construction or expansion of a building, structure or use; any change in use of a building or structure; or any change in the use of land that creates additional demand for school facilities.

8. “District” means school district and refers to either the Issaquah School District No. 411, King County, Washington, or the Kent School District No. 415, King County, Washington. (Ord. 5263, 3-5-2007)

9. “Elderly” means a person aged sixty two (62) or older.

10. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

11. “Fee Schedule” means the schedule set forth as Attachment B to Ordinance 4808 indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the City.

12. “Grade Span” means the categories into which a District groups its grades of students, i.e., elementary school, middle or junior high school, and high school.

13. “Interlocal Agreement” means the interlocal agreement by and between the City of Renton and the District as authorized in subsection I of this Section. (Ord. 5263, 3-5-2007)

14. “Permanent Facilities” means the facilities of the District with a fixed foundation which are not relocatable facilities.

15. “Relocatable Facility” means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within the District, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.

16. “Relocatable Facilities Cost Per Student” means the estimated cost of purchasing and siting a relocatable facility in the District for the grade span of school to be provided, as a function of the District’s design standard per grade span, and taking into account the requirements of students with special needs.

17. “Site Cost Per Student” means the estimated cost of a site in the District for the grade span of school to be provided, as a function of the District’s design standard per grade span, and taking into account the requirements of students with special needs.

18. “Standard of Service” means the standard adopted by the District which identifies the program year, the class size by grade span, and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the District believes will best serve its student population, and other factors as identified by the District. The District’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pursuant to a Board resolution, “transitional facilities” shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the District has the necessary financial commitments in place to complete the permanent facilities called for in the Capital Facilities Plan.

19. “Student Factor” means the number derived by the District to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on District records of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided, that if such information is not available in the District, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans.

C. IMPACT FEE PROGRAM ELEMENTS:

1. Impact fees will be assessed on all residential development activity in that portion of the City located within the District’s boundaries based on the provisions of subsection E of this Section.

2. The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development.

3. The impact fee shall be based on a Capital Facilities Plan developed by the District and approved by the School Board, and adopted by reference by the City as part of the Capital Facilities Element of the City’s Comprehensive Plan.

D. FEE CALCULATIONS:

1. Separate fees shall be calculated for single family and multi-family dwelling units, and separate student generation rates must be determined by the District for each type of dwelling unit. For purposes of this Section, mobile homes shall be treated as single family dwelling units and duplexes shall be treated as multi-family dwelling units.

2. The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in the District currently used for instructional purposes.

3. The formula in Attachment A to Ordinance 4808 provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in the District.

4. The District may provide a credit for school sites or facilities actually provided by a developer which the District finds to be acceptable as provided for in subsection F of this Section.

5. The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District’s Capital Facilities Budget, which will be expended locally. The City Council establishes the following fees:

a. Six thousand twenty-one dollars ($6,021.00) per single family dwelling collected on behalf of the Issaquah School District.

b. Five thousand one hundred ten dollars ($5,110.00) per single family dwelling collected on behalf of the Kent School District.

c. Three thousand one hundred forty-six dollars ($3,146.00) per multi-family dwelling unit collected on behalf of the Kent School District. (Ord. 5194, 1-23-2006; Ord. 5263, 3-5-2007; Ord. 5317, 11-19-2007)

E. ASSESSMENT OF IMPACT FEES:

1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking development approval from the City for dwelling units located within the District’s boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit.

2. For a plat or PUD applied for on or after the effective date of Ordinance 4808, the impact fees due on the plat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUD receives preliminary approval. Residential developments proposed for short plats shall not be governed by this subsection, but shall be governed by subsection (E)(4) of this Section.

3. If, on the effective date of Ordinance 4808, a plat or PUD has already received preliminary approval through King County, but then if any of the fee has been paid through King County, the remainder of the impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the fee schedule then in effect at the time of preliminary plat approval. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are issued. If, on the effective date of Ordinance 4808, an applicant has applied for preliminary plat or PUD approval, but has not yet received such approval, the applicant shall follow the procedures set forth in subsection (E)(2) of this Section.

4. For existing lots or lots not covered by subsection B of this Section, applications for single family, mobile home permits, and site plan approval for mobile home parks proposed, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or mobile home permit or site plan approval was submitted, no approval shall be granted and no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid.

F. EXEMPTIONS AND CREDITS:

1. The following shall be exempt from the application of impact fees:

a. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or

b. The replacement of the same number of dwelling units at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure; or

c. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or

d. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act; or

e. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of Ordinance 4808, unless the terms of the plat or PUD approval provide otherwise; or

f. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a voluntary agreement entered into with the District prior to the effective date of Ordinance 4808, unless the terms of the agreement provide otherwise.

2. Any credit shall be the responsibility of the District, and shall be independent of the fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. Proof under subsection (F)(3) of this Section shall include such things as a receipt or cancelled check.

3. After the effective date of Ordinance 4808, and if the development activity is not exempt from impact fees pursuant to subsection (F)(1) of this Section, the developer shall receive a credit from the District for any payment made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit.

4. After the effective date of Ordinance 4808, the developer can request that a credit or credits be awarded by the District for the value of dedicated land, improvements, or construction provided by the developer. The District shall first determine the general suitability of the land, improvements, and/or construction for District purposes. Second, the District shall determine whether the land, improvements, and/or the facility constructed are included within the District’s adopted Capital Facilities Plan or the Board of Directors for the District may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the Capital Facilities Plan of the District. The District shall forward its determination to the City, including cases where the District determines that the dedicated land, improvements, and/or construction are not suitable for District purposes.

5. For each request for a credit or credits, if appropriate, the District shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine for the District the value of the dedicated land, improvements, or construction provided by the developer on a case-by-case basis. The developer shall pay for the cost of the appraisal.

6. After receiving the appraisal, the District shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the District before the City will award the impact fee credit. The failure of the applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit.

7. Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit.

G. APPEALS AND INDEPENDENT CALCULATIONS:

1. After the City has collected fees under this Section, the District may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the District’s satisfaction that the discount fails to ameliorate for the unfairness of the fee:

a. The developer demonstrates to the District’s satisfaction that an impact fee assessment was incorrectly assessed; or

b. Unusual and unique circumstances identified by the developer demonstrate that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful.

2. Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application. The District shall provide staffing and legal assistance for such an appeal consistent with the Interlocal Agreement between the City and the District, as that Agreement may be amended from time to time.

3. A developer may provide studies and data to demonstrate that any particular factor used by the District may not be appropriately applied to the development proposal, but the District’s data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the District’s satisfaction that the discount fails to adjust for the error in the fee

4. Any appeal of the decision of the Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors identified as a result of an appeal should be referred to the Council for possible modification.

5. Impact fees may be paid under protest, in order to obtain a permit or other approval of development activity.

H. THE IMPACT FEE ACCOUNT, USES OF IMPACT FEES, AND REFUNDS:

1. Impact fee receipts shall be initially deposited into a City fund created under subsection L of this Section. When sufficient funds have accumulated to make transfer of those funds to the District advisable, the Finance and Information Services Department shall make such transfer. Such funds shall be transferred not less than quarterly, if the balance in the fund is more than five thousand dollars ($5,000.00). Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the District solely for the District’s school impact fees as provided for in subsection J of this Section. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (H)(2) of this Section. Annually, the City shall provide accounting records to the District and the District shall prepare a report on school impact fees showing the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees.

2. Impact fees for the District’s system improvements shall be expended by the District for capital improvements including but not limited to school planning; land acquisition; site improvements; necessary off-site improvements; construction, engineering, architectural, permitting, financing, and administrative expenses; relocatable facilities, capital equipment pertaining to educational facilities; and any other expenses which could be capitalized, and which are consistent with the District’s Capital Facilities Plan.

3. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this Section.

4. School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the District to hold the fees beyond the six (6) year period. The District may petition the Council for an extension of the six (6) year period and the District set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultation with the District.

5. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the City, except as provided for in subsection (H)(4) of this Section. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. The District shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the King County property tax records.

6. An owner’s request for a refund must be submitted to the City, in writing, within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within the limitations in subsection (H)(4) of this Section, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this Section. Refunds of impact fees shall include any interest earned on the impact fees.

7. Should the City seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times, and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the King County property tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the District, consistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

8. A developer may request and shall receive a refund, including interest earned on the impact fees, when:

a. The developer does not proceed to finalize the development activity as required by statute or City Code or the Uniform Building Code, and

b. No impact on the District has resulted. “Impact” shall be deemed to include cases where the District has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the District has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the City and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in subsection G of this Section.

9. Interest due upon the refund of impact fees required by this Section shall be calculated according to the average rate received by the City or the District on invested funds throughout the period during which the fees were retained and paid by the governmental entity controlling the funds and receiving the interest.

I. INTERLOCAL AGREEMENT:

1. The Mayor is authorized to execute, on behalf of the City, an Interlocal Agreement for the collection, expenditure, and reporting of school impact fees; provided, that such Interlocal Agreement complies with the provisions of this Section.

2. The District shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for the District. The Account shall be an interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the District.

3. For administrative convenience while processing the fee payments, school impact fees may be initially deposited in the City account known as the “Issaquah School District Impact Fee Fund,” and the “Kent School District Impact Fee Fund,” with interest earned retained by the District. As soon as advisable, the City shall deposit the school impact fees collected for the District in the District’s School Impact Fee Account. (Ord. 5263, 3-5-2007)

4. The City shall retain five percent (5%) of all fees collected to pay for its costs in administering this Section.

J. ADOPTION OF THE DISTRICT CAPITAL FACILITIES PLAN AND SUBMISSION OF THE ANNUAL UPDATES AND REPORT AND DATA:

1. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City’s Comprehensive Plan:

a. The Issaquah School District No. 411 2007 Capital Facilities Plan;

b. The Kent School District No. 415 2007-2008 – 2012-2013 Capital Facilities Plan. (Ord. 5194, 1-23-2006; Ord. 5263, 3-5-2007)

2. On an annual basis, the District shall submit the following materials to the City:

a. The annual update of the District’s Capital Facilities Plan;

b. An updated fee calculation based on the formula in Attachment A to Ordinance 4808, and a revised fee schedule (Attachment B to Ordinance 4808); and

c. An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. (Ord. 5317, 11-19-2007)

K. REVIEW:

The fee schedule established in this Section shall be reviewed and updated by the Council on an annual basis after the Council receives the District’s Plan and data required under subsection J of this Section. The review may occur in conjunction with the annual update of the Capital Facilities Element of the City’s Comprehensive Plan.

L. SPECIAL FUNDS CREATED:

There are hereby created two (2) special City funds known as the “Issaquah School District Impact Fee Fund” and the “Kent School District Impact Fee Fund” into which all school impact mitigation fees will be deposited. (Ord. 5263, 3-5-2007)

M. CITY NOT RESPONSIBLE:

The City will use its best efforts to collect such fees during its ordinary administrative process, such fees as are due under this Section and consistent with the Interlocal Agreement between the City and the District, as that Agreement may be amended from time to time, but shall not be responsible to the District for failure to collect such fees.

N. SEVERABILITY:

If any portion of this Section is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other subsection of this Section. (Ord. 4808, 11-1-1999)

4-1-170 LAND USE REVIEW FEES:

A. APPLICATION TYPE:	FEE AMOUNT:
Additional Animals Permit (annual fee)	$50.00
Annexation	Expense for postage
Annexation by 60% Direct Petition and 50/50 Petition Method	$2,500.00
Appeal of Hearing Examiner’s Decision, Administrative Decision, or Environmental Decision	$75.00
Binding Site Plan	$1,000.00
Comprehensive Plan Amendment	$1,000.00
Conditional Use Permit: Hearing Examiner Review Administrative Review	$2,000.00 $1,000.00
Environmental Impact Statement/Draft and Final	100% of costs of coordination, review and appeals1
1When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant’s proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW.
Environmental Checklist: Less than $100,000.00 project value	$400.00
$100,000.00 or more project value	$1,000.00
Environmental review/sensitive lands or lands covered by water, except minor residential additions or modifications	$1,000.00
Fence Permit (special)	$100.00
Grading and Filling Permit	$2,000.00
Lot Line Adjustment	$450.00
Manufactured/Mobile Home Park: Tentative Preliminary Final	$500.00 $2,000.00 $1,000.00
Open Space Classification Request	$30.00
Plats: Short Plat Preliminary Plat Final Plat	$1,000.00 $2,000.00 $1,000.00
Planned Urban Development: Preliminary Plan Final Plan	$2,000.00 $1,000.00
Rebuild Approval Permit: Hearing Examiner Review Administrative Review	$500.00 $250.00
Rezone: Less than 10 acres 10 to 20 acres More than 20 acres	$2,000.00 $3,000.00 $4,000.00
Routine Vegetation Management Permit	$75.00
Shoreline Substantial Development Permit: Under $100,000.00 value $100,000.00 or more value	$500.00 $1,000.00
Site Development Plan (Site Plan or Master Plan): Hearing Examiner Review Administrative Review	$2,000.00 $1,000.00
Special Permit	$2,000.00
Temporary Permit	$100.00
Temporary Permit Sign Deposit (refundable)	$25.00
Variance – Administrative	$100.00
Variance – Planning/Building/Public Works Administrator or Hearing Examiner	$500.00
Waiver	$100.00

(Ord. 4648, 1-6-1997; Amd. Ord. 4802, 10-25-1999; Ord. 5008, 4-28-2003; Ord. 5028, 11-24-2003; Ord. 5153, 9-26-2005; Ord. 5169, 12-5-2005; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008)

B. JOINT LAND USE APPLICATIONS:

For joint land use applications, applicant shall pay full for the most expensive (major) application and one-half for related applications. (Ord. 4491, 12-19-1994, Amd. Ord. 4560, 11-13-1995, Ord. 4613, 6-17-1996)

C. REFUND OF LAND USE APPLICATION FEES:

The filing fees as set forth in the fee schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Building and Zoning Director may authorize the refunding of not more than eighty percent (80%) of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to the routing of the application for staff review. (Ord. 3933, 8-26-1985) Eighty percent (80%) of the applicable fee will be refundable if the application is withdrawn prior to circulation by the Planning Staff. After circulation (and review has begun) no refund of base fees will be authorized. (Ord. 4491, 12-19-1994; Amd. Ord. 4560, 11-13-1995; Ord. 4613, 6-17-1996)

4-1-180 PUBLIC WORKS FEES:

A. FRANCHISE PERMIT FEES:

Unless otherwise specified in a franchise agreement, the fee shall be due and payable at or prior to the time of construction permit issuance. If a franchise agreement does not specify the fee amount, the generic fee, as identified in the following table, shall be collected. A bond as stipulated in RMC 9-10-5, Street Excavation Bond, is also required.

Frontage Length of Replacements and Improvements and/or Project Scale	Permit Fee Amount
Small work, including trenching less than sixty (60) linear feet or installation of six (6) or less utility poles	$350.00
All other work	$350.00 plus $60.00 per overtime hour of inspection

(Ord. 5000, 1-13-2003; Ord. 5153, 9-26-2005; Ord. 5279, 5-7-2007)

B. LATECOMER’S AGREEMENT APPLICATION FEES:

The processing fee is due at the time of application. The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded to the holder of the latecomer’s agreement pursuant to RMC 9-5-9, Tender of Fee.

Procedure	Fee Amount
Processing fee (Nonrefundable)	$500.00 if amount covered by latecomer’s is $20,000.00 or less $1,000.00 if amount covered by latecomer’s is between $20,000.00 and $100,000.00 $2,000.00 if amount covered by latecomer’s is greater than $100,000.00
Latecomer’s Agreement – Administration and collection fee	15% of total amount to be collected if amount covered by latecomer’s is $20,000.00 or less 10% if amount covered by latecomer’s is between $20,000.00 and $100,000.00 5% if amount covered by latecomer’s is greater than $100,000.00
Segregation processing fee, if applicable	$750.00

(Ord. 4443, 3-28-1994; Amd. Ord. 4890, 2-5-2001; Ord. 5000, 1-13-2003; Ord. 5153, 9-26-2005)

C. CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES:

Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting, shall be subject to one or more of the charges listed in the following subsections. Any fees triggered by improvements or development, as detailed in this Section, are due and payable at the first of the following instances:

Prior to the issuance of a Public Works Construction Permit; or

Prior to the recording of a single family residential plat or single family residential short plat; or

Prior to the issuance of a building permit.

In all cases, prior to the issuance of a certificate of occupancy (either temporary or final).

All of the following charges shall be paid into the appropriate utility or street fund except that any fees collected under a private latecomer’s agreement shall be passed on to the holder of the agreement with the applicable fees paid to the appropriate utility or street fund.

1. Privately Held Latecomer’s Fees and Special Assessment District (Formerly Known as City Held Latecomer’s) Fees:

a. Applicability of Privately Held Latecomer’s Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of public works facilities (water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting) they install and turn over to the City.

b. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City’s infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, payment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Payments to City.

c. Exemptions for Latecomer’s or Special Assessment District Fees:

i. Segregation of Fees: The City may grant segregation of private developer latecomer’s fees or special assessment district fees on large parcels of land per subsection (C)(3) of this Section.

ii. Relief Due to Two (2) Similar Facilities: The Planning/Building/Public Works Administrator will consider relieving a parcel of a latecomer’s or special assessment district fee/assessment if the property has a benefit from either (but not both) of two (2) similar facilities. The Planning/Building/Public Works Administrator will make the decision based on engineering and policy decisions as to which facility(ies) benefit and/or are utilized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the applicant the choice of facilities to utilize.

iii. Relief Due to Future Subdivision: At the time the latecomer’s agreement or special assessment district is formed, and as a condition of the latecomer’s agreement or special assessment district, the City may require that the assessment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost attributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the remaining portion of the assessment.

iv. Reallocation of Assessment Due to Subdivision of Property: The Planning/Building/Public Works Administrator will consider reallocation of the latecomer’s assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assessment between the new parcels, based upon value of benefit from the improvements, such that two (2) similar parcels may pay different amounts because one receives more benefit.

2. System Development Charges (SDC) – Water, Wastewater, and Storm Water: The City has authority under RCW 35.92.025 to impose charges, which are commonly referred to as “system development charges,” on property owners in order that said property owners shall bear their equitable cost share of the City’s utility system(s).

a. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties that are benefiting from and/or increasing the level of usage of the City’s utility systems. Said property owner(s) shall pay, prior to connection to or benefit from a City utility system, the system development charge associated with that utility as detailed in the fees table(s) in subsection (C)(2)(b) of this Section. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system development charge for a utility may be triggered without a physical connection to an existing facility.

i. “Utility system” shall mean:

The sanitary sewer system, including but not limited to lift stations, force mains, interceptors and other sewer mains.

The storm water system, including but not limited to flow control or water quality facilities, flood hazard reduction improvements, lift stations, force mains, interceptors, and other storm water storage, treatment, collection and conveyance systems used for management of storm water runoff.

The water system, including but not limited to wells, pump stations, water treatment facilities, reservoirs and water mains.

ii. The phrase “increasing the level of usage of a City utility system(s),” as used in this Section, shall mean any of the following:

First Time Service Connection or Benefit: Any property that is connecting to or benefiting from a Renton utility system for the first time (including but not limited to new construction, conversion from private well, or conversion from septic system).

Property that is being improved, developed, redeveloped, or subdivided and as part of said action has installed an additional water meter(s), has installed a larger water meter(s) or creates additional impervious surface (for the purpose of this code, conversion of a gravel area to asphalt, concrete, or other impervious surface shall be considered additional impervious surface).

iii. The basis for the charge of system development charges shall be:

Storm Water: The addition of any new impervious surface to properties will require payment of the system development charge for storm water for the additional new impervious surface only. If a property is making a connection for the first time to a storm water system, it will only require payment of the system development charge for storm water for the impervious surface tributary to the point of connection. Any rebuilding, change in use or additions to property that does not create additional impervious surface or does not cause a first time connection to be made will not require payment of the system development charge for storm water.

New single family development will pay based upon a flat rate per dwelling unit. Existing single family development that has previously connected will pay based upon square foot of additional impervious surface. Existing single family development that is connecting for the first time will pay based upon a flat rate per dwelling unit. Commercial and multi-family development will pay based upon square foot of additional impervious surface.

Wastewater: The addition of a new domestic water meter, increasing the size of an existing domestic water meter, conversion of a non-domestic water meter to domestic use, or the first time connection of a property to the sanitary sewer system will require payment of the system development charge. For each additional domestic meter installed, the charge shall be based upon the size of the additional meter(s). For each increased domestic meter, the charge shall be for the size of the new domestic meter minus the charge for the domestic meter being replaced. For the conversion of a non-domestic water meter to domestic use, the charge will be based upon the size of the meter converted to domestic use. For the first time connection of an existing developed property to the sewer system, the charge shall be based upon the size of the domestic meters for the property.

Water: The addition of a new domestic or irrigation water meter, increasing the size of an existing water meter, or the addition of a service for fire protection will require the payment of the system development charge. For each additional meter installed, the charge shall be based upon the size of the additional meter(s). For each increase in meter size, the charge shall be for the size of the new meter minus the charge for the meter being replaced. For the addition or increase in size of a service for fire protection, the charge shall be based upon the size of the fire service (NOT the size of the detector bypass meter).

iv. Charges Not Refunded for a Reduction In Service: System development charges will not be refunded if the service basis, as described above, is reduced. The service level, prior to reduction, may be considered as existing level of service as described below.

v. Existing Level of Service: The existing level of service shall be the baseline for any additional system development charges. Said baseline level of service shall be determined by existing connections; existing size, type and number of water meters; and existing impervious surfaces. When a previously developed property has participated in demolition of existing improvements, then the baseline level of service shall be the highest level of developed condition within the five (5) year period preceding the date of application. Any development of the property that has been removed for more than five (5) years shall not be considered when calculating additional fees. For demolished impervious surfaces, the City reserves the right to utilize construction drawings, aerial photos, or topographic maps to best determine square footage of impervious surface prior to demolition.

For storm water, when increasing the level of density of single family by the addition of units or redevelopment to commercial or multi-family, the existing level of service baseline shall be as follows: when the existing level of service is single family and the proposed service is single family, the baseline shall be existing dwelling units. When the existing level of service is single family and the proposed service is other than single family, the baseline shall be the square footage equivalent of the existing dwelling units.

For example, if a property owner removed all improvements from a two (2) acre parcel that had a one-inch (1") domestic water meter, a one-inch (1") irrigation water meter, was connected to sanitary sewer, and was fifty percent (50%) impervious and that parcel sat vacant for two (2) years, those improvements would be considered when calculating additional system development charges.

Exceptions:

The addition of an irrigation meter only for an existing single family residential dwelling will not trigger a system development charge for water or sewer.

The addition of a second domestic meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge.

Improvements to existing single family residential units that have had the system development charge for storm water paid per dwelling unit shall be exempt from charges for additional impervious surfaces unless the additional impervious surface is created by the addition of single family units or by development other than single family.

Improvements to existing single family residential units such as additions that are less than five hundred (500) square feet of new impervious surface are exempt from the system development charge for storm water unless a new connection to the Renton storm water system is proposed or required as part of the permit application.

b. System Development Charge Tables:

i. Water and Wastewater System Development Charges:

Water Meter or Fire Service Size	Water Service Fee Amount	Fire Service Fee Amountab	Wastewater Fee Amount
5/8 x 3/4 inch	$2,236	$292	$1,591
1 inch	$5,589	$729	$3,977
1-1/2 inch	$11,179	$1,458	$7,954
2 inch	$17,886	$2,332	$12,726
3 inch	$35,711	$4,665	$25,452
4 inch	$55,893	$7,288	$39,768
6 inch	$111,786	$14,577	$79,537
8 inch	$178,857	$23,323	$127,258

a Based upon the size of the fire service (NOT detector bypass meter)

b Unless a separate fire service is provided, the system development charge(s) shall be based upon the size of the meter installed and a separate fire service fee will not be charged.

ii. Storm Water System Development Charges:

Type of Land Use	Storm Water Fee Amount
New single family residence (including mobile/manufactured homes)	$1,012.00 per dwelling unit
Addition to existing single family residence greater than 500 square feet (including mobile/manufactured homes)	$0.405 per square foot of new impervious surface but not more than $1,012.00