Chapter 3.64
FEE SCHEDULE*

Sections:

3.64.010    Citation of provisions.

3.64.040    SEPA.

3.64.100    Police fee schedule.

3.64.110    Booking fee.

3.64.200    DUI costs – Adoption of RCW 38.52.430.

3.64.205    Recovery of costs from emergency responses caused by a person’s intoxication.

3.64.400    Arrest warrant fee.

Subchapter 3.64.500 – Land Development Permit Fees

3.64.501    Land use permit fees – General rules of application.

3.64.505    Fees applicable to all land use development processes.

3.64.510    Streets – Concurrency test fee.

3.64.515    Street opening permit fees.

3.64.520    Utility code permit development fees.

3.64.525    Water utility fees.

3.64.530    Sewer permit fees.

3.64.535    Building code and miscellaneous development permit fees.

3.64.540    Fire code permit fees.

3.64.545    Zoning permit fees.

3.64.550    Shoreline master program permit fees.

3.64.555    Site plan fees.

3.64.560    Environmental permit fees.

3.64.565    Subdivision code permit fees.

3.64.570    Impact fees.

3.64.575    System development charges.

*See also Chapter 8.06 OHMC.

3.64.010 Citation of provisions.

The ordinance codified in this chapter shall be known as the fee ordinance of the city of Oak Harbor. (Ord. 504 § 1, 1978).

3.64.040 SEPA.

(1) SEPA (State Environmental Policy Act) Project Review.

(a) Written confirmation of exemption: Fee shall be in the master fee schedule adopted by resolution of the city council.

(b) Threshold determination of an environmental checklist:

(i) The base fee for submittal of an environmental checklist shall be in the master fee schedule adopted by resolution of the city council.

(ii) An additional fee per the master fee schedule adopted by resolution of the city council shall be charged if a DNS is issued that requires public notice. The additional fee shall be paid when the posting notices are picked up.

(iii) Additional costs, if any, incurred by the city shall be billed directly to the applicant; no additional costs may be charged for existing studies or general information already in the possession of the city. See subsection (2) of this section on SEPA review for permit reviews which require additional staff needs or special expertise as determined by the director of development services.

(c) Environmental impact statement:

(i) Submittal of preliminary draft EIS: fee shall be in the master fee schedule adopted by resolution of the city council.

(ii) Additional costs, if any, incurred by the city shall be billed directly to the applicant; no additional costs may be charged for existing studies or general information already in the possession of the city. See subsection (2) of this section on SEPA review for permit reviews which require additional staff needs or special expertise as determined by the director of development services.

(iii) In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected for costs not incurred.

(d) Detailed environmental study review (review of additional studies) e.g., detailed soils, traffic, wetland, view/solar analysis, drainage, air or water quality studies or other detailed environmental studies required to supplement an environmental checklist: fee shall be in the master fee schedule adopted by resolution of the city council in addition to environmental checklist fee.

(e) The base fee for a threshold determination and/or an EIS shall be paid by the private applicant prior to the circulation of an EIS or environmental checklist by the city.

(f) No fee shall be collected by the city for performing its duties as a consulted agency.

(2) Additional Costs for SEPA Review. For SEPA reviews which require additional staff needs, unusual or expedited review, or special technical expertise by the city as determined by the director of development services, hereinafter referred to as “director,” the applicant will be required to execute an agreement with the city and pay, in addition to the fees set forth in this chapter, all additional costs incurred by the city to process the SEPA review which exceed those nominally associated with the processing of a SEPA review, which costs include, but are not limited to, additional staff time, materials, and consultants’ fees. The agreement shall stipulate that the city staff and consultants will be under the sole direction of the city. The agreement shall require that the applicant assume full responsibility for paying the city for said costs and will also require that the applicant waive any time limitation which may be exceeded as a result of the applicant’s failure to timely pay the city the additional costs. The applicant will pay the city the estimated costs calculated by the director to cover the additional costs associated with said review. The director may require the payment of additional costs if it is determined that the initial estimated cost does not or will not adequately cover the expenses incurred by the city.

Unless otherwise indicated in the agreement, the estimated cost shall be paid to the city at the time the agreement is executed. Prior to any final action by the city’s development services department related to the SEPA review, the actual charges and estimates paid shall be reconciled and all outstanding balances shall be due and payable upon demand and the city will refund any money collected for costs not incurred by the city. Failure to pay, including the required estimates, upon demand will result in the city withholding any further action on said SEPA review until the required estimate(s) or payment(s) is made. Notwithstanding any language herein, the applicant will be liable to the city for all costs incurred by the city. (Ord. 1696 § 7, 2014; Ord. 1273 § 5, 2001; Ord. 1067 § 3, 1996; Ord. 504 § 4, 1978).

3.64.100 Police fee schedule.

The fees charged by the police department are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 8, 2014; Ord. 1533 § 1, 2008; Ord. 1157 § 1, 1998; Ord. 1067 § 6, 1996; Ord. 927 § 1, 1992).

3.64.110 Booking fee.

Every person who is booked at the City Jail following conviction or court imposition of jail time shall pay a fee to the police chief or his or her designee per the master fee schedule adopted by resolution of the city council. If the person has no funds at the time of booking or during the period of incarceration, the chief of police or his or her designee may notify the court in where the charges related to the booking and may request assessment of the fee. This fee shall not be assessed against juveniles. (Ord. 1730 § 1, 2015; Ord. 1696 § 9, 2014; Ord. 1253 § 1, 2001).

3.64.200 DUI costs – Adoption of RCW 38.52.430.

RCW 38.52.430, as it currently exists or is hereafter amended, is hereby adopted by reference. (Ord. 1025 § 1, 1995).

3.64.205 Recovery of costs from emergency responses caused by a person’s intoxication.

(1) A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (a) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502 or any similar Oak Harbor Municipal Code offenses; (b) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (c) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.025 or any similar Oak Harbor Municipal Code offenses; (d) vehicular homicide while under the influence of intoxicating liquor or any drug; RCW 46.61.520(1)(a); or (e) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1) (b), is liable for the expense of an emergency response by any department of the city of Oak Harbor.

(2) The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the city of Oak Harbor in the same manner as in the case of an obligation under a contract, expressed or implied. The funds recovered shall be reimbursed pro rata to the budget of the department providing the emergency response.

(3) In no event shall a person’s liability under this section for the expense of an emergency response exceed $1,000 for a particular incident. Each fund for the department providing the emergency response shall be reimbursed a pro rata share if $1,000 does not cover the total of the costs.

(4) “Emergency,” as used in this section, means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of the law as enumerated in subsection (1) of this section. (Ord. 1025 § 2, 1995).

3.64.400 Arrest warrant fee.

The fee for issuance or ordering or both the issuance and ordering of an arrest warrant by the Oak Harbor municipal court shall be in the master fee schedule adopted by resolution of the city council and payable by the defendant. (Ord. 1696 § 10, 2014; Ord. 1156 § 1, 1998).

Subchapter 3.64.500 – Land Development Permit Fees

3.64.501 Land use permit fees – General rules of application.

(1) Purpose. The purpose of this subchapter is to provide a consolidated and consistent set of filing fees for all land use development permit applications which will best satisfy the following needs:

(a) Provide a single convenient listing of all land use development permit application fees for the general public and city staff;

(b) Provide a greater degree of consistency and equity in setting fees for similar types of land use development permits;

(c) Collect sufficient revenues to offset a reasonable share of the costs incurred by the city in reviewing and approving each type of land use development permit application.

(2) Scope. This subchapter shall include all sections of this chapter whose final three numbers begin with the number five. All fees in this subchapter shall be subject to provisions of this section including those fees adopted by reference.

(3) Waiver for Low-Income Housing. Notwithstanding any language in this subchapter, the development services department, upon notification to the mayor, shall waive, either partially or in total, the fees established in this subchapter, except storm water, sewer and water connection charges, and waive, partially or in total, the system development charges for sewer and water for projects submitted for review to the city’s development services department which involve the construction of low-income housing. For purposes of this subchapter, “low-income housing” includes only those housing units which are subsidized either privately or publicly for the purpose of making them more affordable for low-income residents.

The amount of the fee waived shall be a percentage proportionate to the amount of the project that is low-income; i.e., if the project is 20 percent low-income housing, 20 percent of the total fee would be waived.

(4) Time of Payment and Concurrent Applications. Fees shall be paid at the time of application. Concurrent applications requiring land use development fees established by this subchapter shall be subject to each fee cumulatively. There shall be no reduction in fees where more than one type of fee is charged for a project. For example, a rezone application will also be charged a fee for SEPA review.

(5) Annual Permit Fee Review.

(a) Annually, on the first of January, the director of development services shall adjust the fees in this subchapter by the cost of living change (CPI) for the Seattle area. The new fee schedule shall be filed with the clerk’s office.

(b) On a biannual basis, the mayor shall direct the review of all land use development permit application fees included in this subchapter to determine whether adjustments in fee schedules should be recommended to the city council for consideration. Proposed fee adjustments shall be made with the intent of meeting the purpose of subsection (1) of this section.

(6) Reviews Authorized Under a Fee. A fee authorized under this chapter shall apply to the original application and two corrections. Thereafter, an additional fee must be supplied for a resubmittal. Such fee must be paid with or prior to the resubmittal. Nothing in this provision prevents the city from terminating a review process earlier than the second correction if authorized or required by law.

(7) All fees are owing and due at the time application for a permit or approval is due and an application or appeal is deemed incomplete unless accompanied by the fee specified. (Ord. 1399 § 2, 2004).

3.64.505 Fees applicable to all land use development processes.

The fees for the permits and applications under OHMC Title 18 are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 11, 2014; Ord. 1399 § 3, 2004).

3.64.510 Streets – Concurrency test fee.

(1) The fee per application for conducting a concurrency test or traffic impact analysis shall be per the master fee schedule adopted by resolution of the city council and, if the director of the concurrency program refers the matter for review to an independent consultant, an amount equal to the cost of review by an independent consultant.

(2) An amount equal to the minimum fee plus the estimated cost of review shall be paid with the application. If the cost of review is less than what is estimated, the remainder shall be returned. If the cost is greater than the sum provided, the developer shall pay the unpaid amounts prior to receiving approval or upon billing, whichever event comes first.

(3) The fees for concurrency test or traffic impact analysis shall not be considered impact fees, but are solely to reimburse the sum of the costs of administering a mandated state program and are for the health, welfare and safety of the community. Each year, the director shall advise the council of needed changes in these fees.

(4) Street vacation: fee shall be in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 12, 2014; Ord. 1399 § 4, 2004; Ord. 1050 § 1, 1996. Formerly 3.64.300).

3.64.515 Street opening permit fees.

The fees charged for street opening permits are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 13, 2014; Ord. 1399 § 5, 2004; Ord. 1067 § 2, 1996; Ord. 961 § 2, 1993; Ord. 504 § 3, 1978. Formerly 3.64.030).

3.64.520 Utility code permit development fees.

The fees charged for certain approvals applicable to all city utilities are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 14, 2014; Ord. 1399 § 6, 2004).

3.64.525 Water utility fees.

The fees charged for certain water system development permits under OHMC Title 13 are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 15, 2014; Ord. 1399 § 7, 2004; Ord. 1306 § 4, 2002; Ord. 1292 § 4, 2001; Ord. 1258 § 4, 2001; Ord. 1240 § 1, 2000; Ord. 1228 § 4, 2000; Ord. 1201 § 4, 1999; Ord. 1192 § 5, 1999; Ord. 1130 § 8, 1998. Formerly 3.64.050).

3.64.530 Sewer permit fees.

The fees charged for sewer system development permits under OHMC Title 14 are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 16, 2014; Ord. 1399 § 8, 2004; Ord. 1067 § 1, 1996; Ord. 961 § 1, 1993; Ord. 504 § 2, 1978. Formerly 3.64.020).

3.64.535 Building code and miscellaneous development permit fees.

(1) Floodplain Ordinance. The fees charged for permits under Chapter 17.20 OHMC are listed in the master fee schedule adopted by resolution of the city council.

(2) Building permits and fees assessed under Chapters 17.05, 17.10 and 17.12 OHMC (which are included in the master fee schedule adopted by resolution of the city council) are hereby adopted by reference under this section.

(3) Grading Permits. Grading permits under Chapter 17.05 OHMC are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 17, 2014; Ord. 1599 § 1, 2011; Ord. 1399 § 9, 2004).

3.64.540 Fire code permit fees.

Fire code inspection fees are set out in OHMC Title 17. (Ord. 1399 § 10, 2004).

3.64.545 Zoning permit fees.

The fees charged for permits and applications under OHMC Title 19 are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 18, 2014; Ord. 1399 § 11, 2004).

3.64.550 Shoreline master program permit fees.

Shoreline master program permit fees are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 19, 2014; Ord. 1399 § 12, 2004).

3.64.555 Site plan fees.

The fees charged for site plan approvals shall be listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 20, 2014; Ord. 1399 § 13, 2004).

3.64.560 Environmental permit fees.

The following fees shall be charged for permits and applications under OHMC Title 20:

(1) SEPA (State Environmental Policy Act) Project Review. Fees shall be in the master fee schedule adopted by resolution of the city council.

(2) Additional Costs for SEPA Review. SEPA reviews requiring additional study as defined herein shall pay costs for such additional study. The director may require deposit and/or agreement before proceeding.

Unless otherwise indicated in the agreement, the estimated cost shall be paid to the city at the time the agreement is executed. Prior to any final action by the city’s development services department related to the SEPA review, the actual charges and estimates paid shall be reconciled and all outstanding balances shall be due and payable upon demand and the city will refund any money collected for costs not incurred by the city. Failure to pay, including the required estimates, upon demand will result in the city withholding any further action on said SEPA review until the required estimate(s) or payment(s) is made. Notwithstanding any language herein, the applicant will be liable to the city for all costs incurred by the city.

(3) Wetland Permits. Fees shall be in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 21, 2014; Ord. 1399 § 14, 2004).

3.64.565 Subdivision code permit fees.

The fees applicable to permits, approvals and applications under OHMC Title 21 are listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 22, 2014; Ord. 1399 § 15, 2004).

3.64.570 Impact fees.

Impact fees are set out in Chapter 3.63 OHMC. (Ord. 1399 § 16, 2004).

3.64.575 System development charges.

System development charges are set out in Chapter 18.60 OHMC. (Ord. 1399 § 17, 2004).