Chapter 15.10
FEES AND PROCEDURES FOR THE EVALUATION AND PROCESSING OF LAND USE AND DEVELOPMENT PROPOSALS

Sections:

15.10.010    Scope.

15.10.020    Applicability.

15.10.030    Intention.

15.10.040    Fees imposed.

15.10.050    Calculation of fees.

15.10.060    Deposits for hourly fees or consultant fees.

15.10.070    Processing of applications.

15.10.080    Waiver.

15.10.090    Fee schedule – Revision.

15.10.100    Severability.

15.10.010 Scope.

This chapter applies to all land use and development proposals within the City, including without limitation:

A.    Applicants for building, grading, clearing, filling or other related permits;

B.    Short subdivision and subdivision applications;

C.    Binding site plan applications;

D.    Applications involving permits required by the Shoreline Management Act (Chapter 90.58 RCW);

E.    Applications for flood hazard permits;

F.    Amendments to the zoning code or zoning map;

G.    Comprehensive Plan amendments;

H.    Conditional use permits;

I.    Review required by the State Environmental Policy Act;

J.    Annexations; and

K.    Any and all other types and forms of City permission requested by any person, organization, or agency relating to land development or use, whether such permission be in the form of a license, permit, certificate, approval or any other written form. (Ord. 1397 § 2, 2006)

15.10.020 Applicability.

This chapter shall apply to all applications within the scope hereof which are filed with the City after the ordinance codified in this chapter becomes effective. (Ord. 1397 § 2, 2006)

15.10.030 Intention.

This chapter is intended to supplement the fees required by any and all other City ordinances and resolutions, or any other applicable laws, and the requirements of this chapter are in addition thereto. This chapter is not intended to create any new or additional substantive requirements or burdens on land development. (Ord. 1397 § 2, 2006)

15.10.040 Fees imposed.

Fees shall be imposed upon all proposals within the scope of this chapter. Such fees (hereinafter referred to as “fees”) shall consist of base fees, hourly fees and consultant fees.

A.    Base Fees. Base fees are intended to compensate the City for minimum staff time, administrative costs and overhead incurred by the City in connection with a particular proposal or permit. Base fees as specified in the Fee Code Summary prepared by the City Clerk following adoption of a fee ordinance by the City Council, are hereby established for each type of action itemized therein.

B.    Hourly Fees. Hourly fees are also intended to compensate the City for City staff time, administration costs and overhead incurred by the City in connection with a particular proposal. Hourly fees shall be based upon the amount of time expended by the City staff in reviewing and processing any proposal. The base fee divided by the hourly fee rate yields the time, in hours, allocated to processing a proposal. In the event the time needed to process a proposal exceeds the amount allocated, hourly fees shall be charged in addition to the base fee. The hourly fee rate is specified in the Fee Code Summary prepared by the City Clerk following adoption of a fee ordinance by the City Council.

C.    Consultant Fees. Consultant fees are intended to compensate the City for all consultant costs incurred by the City in connection with any proposal within the scope of this chapter. As used in this chapter, the word “consultant” means any person providing professional services who is not an employee of the City. As used herein, the term “consultant” may include, without limitation, the City Attorney, consulting engineers, planners and other professionals who may be retained by the City. Consultant fees shall include all professional services deemed necessary by the City, including without limitation planning, environmental, legal, financial and accounting, soils, and engineering (including mechanical, structural, traffic and electrical engineering). Consultant fees shall equal the total cost of all consultants utilized by the City in connection with the processing and review of a particular proposal. (Ord. 1397 § 2, 2006)

15.10.050 Calculation of fees.

The proponent of any proposal within the scope of this chapter shall pay the following fees to the City for reviewing, processing and inspecting the proposal:

A.    Upon application, the base fee; provided, however, that if a particular proposal involves more than one type of action, the minimum amount paid to the City shall be the total of the base fees for all types of action involved;

B.    Hourly fees, in the event the hourly allocation as defined in FMC 15.10.040(B) is exceeded, for all staff time in excess of allocated amounts; and

C.    All consultant fees incurred by the City in connection with the processing, inspection and review of such proposal. (Ord. 1397 § 2, 2006)

15.10.060 Deposits for hourly fees or consultant fees.

At any time following receipt of an application relating to any proposal within the scope of this chapter, the City Administrator, or his designee, may send a written notice to the applicant stating that a deposit for hourly or consultant fees is required. The amount of the deposit shall equal the estimated amount of hourly fees and/or consultant fees required for the processing of such proposal. The applicant shall then deposit such amount with the City. The City shall deduct from the deposit City costs relating to the processing of such proposal as they are incurred. If the initial deposit is exhausted prior to the completion of processing, the manager may require the applicant to make one or more additional deposits in amounts equal to estimated additional costs which will be incurred by the City to complete processing of the proposal. (Ord. 1397 § 2, 2006)

15.10.070 Processing of applications.

The City shall not begin to process any application within the scope of this chapter until base fees have been paid. When a deposit is required, no further processing of such application by the City shall be made until the deposit has been paid in full. No license, certificate, permit or approval within the scope of this chapter shall be issued until all fees and additional charges imposed pursuant to this chapter have been paid in full. (Ord. 1397 § 2, 2006)

15.10.080 Waiver.

No fee established under this chapter shall apply to any City project funded by any City-controlled funding source. (Ord. 1397 § 2, 2006)

15.10.090 Fee schedule – Revision.

The Fee Code Summary prepared by the City Clerk may be revised from time to time by the City Council following official action by the City Council in order to maintain fees which reasonably reflect City costs in processing proposals. (Ord. 1397 § 2, 2006)

15.10.100 Severability.

In the event any portion of this chapter is adjudged to be invalid by a court of competent jurisdiction, any portions not affected by such adjudication shall remain in full force and effect. (Ord. 1397 § 2, 2006)