Chapter 20.10
REGULATIONS AND FEES FOR PLANNING, DEVELOPMENT AND RELATED SERVICES
Sections:
20.10.030 Payment of fees—Fee requirements.
20.10.010 Purpose of chapter.
The purpose of this chapter is to establish fees collected for planning services and to establish regulations regarding such fees. (Ord. 2611 § 3, 2008).
20.10.020 Definitions.
The following definitions shall apply to this chapter:
A. The term “applicant” means the person or organization who paid the fee and/or is responsible for the ongoing payment of the fees.
B. The term “city” shall mean the city of Prosser, Washington.
C. The term “city staff” shall mean the building official, city administrator, public works director, police chief, planner, and shall also include any city employees who work on a planning application or project, except employees who solely work on administrative functions to prepare and mail bills to applicants.
D. The term “costs” shall mean any expense incurred by the city related to planning services including but not limited to the production of copies, all contracted services used by the city, all costs of engineering inspections by city officials or contracted engineers and all expenses of posting and publication. “Costs” shall not include postage, copies, or staff time to create and mail invoices to applicants.
E. The term “deposit” shall mean all money required by the city due upon the filing of an application.
F. The term “planning director” shall mean the city administrator or his or her designee.
G. The term “planning services” shall mean all services provided by the city regarding building, street or utility improvements, planning or building-related services. (Ord. 3029 § 1, 2017: Ord. 2611 § 4, 2008).
20.10.030 Payment of fees—Fee requirements.
Both the applicant and the owner of the property, for which permit or approval is required, are individually responsible for the payment of the fees, costs, and deposits provided for under this chapter. The fees, costs, and deposits provided for in Section 20.10.040 are hereby established.
A. Fee Requirements. The following applies to the payment of fees, costs, and deposits required by Section 20.10.040 or any other city code sections:
1. No application for a permit, approval, or service under the Prosser Municipal Code will be accepted by the city unless all fees, costs, and deposits required at submittal by any city code section have been paid in full.
2. No plans or specifications relating to any application filed with the city under the Prosser Municipal Code will be reviewed by the city until all fees, costs, and deposits required for review by any city code section have been paid in full.
3. No final decision on an application for a permit or approval will be made until all fees, costs, and deposits required by any city code section have been paid in full.
4. No final inspection will be done, nor temporary or final certificate of occupancy issued, nor utility or street project acceptance granted until all fees, costs, and deposits required by any city code section are paid in full.
5. All deposits as identified in the fee schedule shall be due at the time of application and shall be applied against the applicant’s final bill. In the event that the deposits held by the city are more than the applicant’s final bill, then the city shall refund such excess deposits to the applicant. In the event that the final bill is more than the deposits held by the city, the city shall deduct the amount of the deposits from the final bill before it is sent to the applicant. The planning director, in his or her sole discretion, may apply the deposits to a delinquent account. If the planning director applies the deposits to a delinquent account, the applicant shall within fifteen days’ written notice file sufficient funds with the city to bring the amount of deposits held by the city back to the amount required at the time of application.
6. For applications other than where a flat fee without imposition of costs is charged, an administrative fee of ten percent of fees and costs shall be added to all fees and costs to cover the city’s administrative costs of processing and mailing the invoices.
7. The fees, costs, and deposits for applications for planning services established or referenced in this chapter will be calculated using the fee schedule in effect at the time planning service is performed. If more than one application for a project is required, each application shall stand alone and is considered individually for the purpose of calculating fees, costs and deposits. The city may send one bill which itemizes all fees and costs for all applications.
8. In the event that the fees provided for in this chapter conflict with other ordinances of the city, the fees provided for in this chapter shall prevail.
9. All flat fees are due at the submittal of the application and are nonrefundable.
B. Billings. Periodic billings for planning services shall be sent for the previous calendar month, will be sent by the tenth of the current month, and are due and payable by the first of the following month. In the event that the city fails to send a billing on or before the tenth of the current month, then the payment shall be due and payable twenty days after the date the billing is mailed by the city. The final payment is due and payable immediately upon issuance of the final bill.
C. Outstanding Fees, Costs and Deposits. Any account receivable greater than thirty days past the due date is considered delinquent. The following provisions apply to delinquent accounts:
1. Review of the application may be stopped. If the delinquent account is not paid within ninety days of the date due, the planning director may cancel the application.
2. An issued permit or approval may be revoked. Review on any active application dependent on the revoked permit or approval may be stopped by the planning director until delinquent accounts are paid in full.
3. If the work is underway, the planning director may issue a stop work order.
4. Any account receivable balance thirty days past the due date will be levied a late fee of fifteen dollars or one percent of the outstanding balance, whichever is greater, for each month or portion thereof during which the account remains past due.
5. The city has no responsibility for any damages resulting to an applicant from a stop-work order or cessation of review.
6. The planning director may take other appropriate actions to collect amounts due, including, but not limited to, assignment of delinquent accounts to a collection agency.
D. Collection Agency. If the city assigns a delinquent amount to a collection agency, the appropriate director can add a reasonable fee in accordance with RCW 19.16.500.
E. Insufficient Funds. The account of any applicant whose payment of fees, costs, and deposits is returned to the city for non-sufficient funds shall be considered delinquent and the provisions of subsections (C)(1) through (5) shall immediately apply to such account.
F. Disputes. If a dispute arises as to the validity, or correct amount, of a fee, cost or deposit, the fee, cost or deposit determined by the city must be paid before the city will conduct any further review, inspection, or service. The account may be paid under protest, in which case the applicant must specify, in writing within thirty days of the date paid, the reason why such account is not due or is due in a different amount than requested by the city. The written request must be submitted to the planning director. Within thirty days of the written request, the planning director will make a final determination of whether the fee, cost, or charge is due, or, if the dispute is as to the amount of the fees, costs or charge, a final determination as to the amount due. There is no administrative appeal of that decision.
G. Fees, Costs, Deposits Responsibility and Changes. If the original applicant or owner sells or otherwise transfers their interest in a project, they are required to notify the city. The original applicant remains liable for fees, costs and deposits associated with development services which were incurred prior to the date the city is notified in writing that the responsibility for fees, costs, and deposits has changed. The new applicant or owner is also responsible for such fees, costs, and deposits and if the same are not paid, the planning director may stop review of the project or revoke any permit or approval.
H. Cancellation/Withdrawal. Where no permit or approval is issued or where an applicant withdraws an application prior to approval, the applicant and owner remain individually responsible for payment of all or a portion of the fees, costs, and deposits actually incurred by the city, as determined by the planning director. (Ord. 2611 § 5, 2008).
20.10.040 Fee schedule.
The city shall charge fees for planning services in accordance with its current planning fee schedule adopted by ordinance. (Ord. 2611 § 6, 2008).
20.10.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2611 § 7, 2008).