Chapter 20.02
GENERAL PROVISIONS AND FEES
Sections:
20.02.020 Conflict with other procedures.
20.02.030 Application fees and costs incurred by the city.
20.02.040 Legislative procedures and limitations.
20.02.005 Scope.
This title applies to the processing of project permit applications except to the extent exempted under Chapter 20.12 BMC. Legislative actions are only addressed to the extent expressly identified in this title. (Ord. 13-19 § 2, 2019).
20.02.010 Purpose.
In enacting this title, the city council intends to establish an integrated permit review process, including environmental review, that implements the provisions of Chapter 36.70B RCW (the Regulatory Reform Act, ESHB 1724) while ensuring compliance, conformity, and consistency of proposed projects with the city’s adopted comprehensive plan and development regulations. (Ord. 13-19 § 2, 2019).
20.02.020 Conflict with other procedures.
In the event of a conflict in project application and/or public hearing procedures found elsewhere in the Buckley Municipal Code and the requirements of this title, except for the city’s shoreline master program, the requirements and procedures set forth in this title shall prevail. For conflicts with the shoreline master program, the more restrictive provision shall apply unless an alternative interpretation is necessary to assure compliance with both the Shoreline Management Act and the Regulatory Reform Act. (Ord. 13-19 § 2, 2019).
20.02.030 Application fees and costs incurred by the city.
(1) The applicant shall be charged the amount charged to the city by outside-contracted consultants; the city may charge an overhead.
(a) Any of the city’s outside consultants, when asked by the city to provide services in connection with any proposed development, shall submit a cost estimate to the city planner for the services to be provided.
(b) The applicant for the proposed development shall pay a deposit in the amount specified in the city’s taxes, rates, and fees chart in addition to the consultant costs identified in subsection (1)(a) of this section.
(c) The city planner will forward the total amount of permit fees and consultant estimates to the applicant for payment prior to application submittal.
(d) In the event the deposit is not depleted, it shall be returned to the applicant.
(2) The land use and/or permit applicant shall pay to the city all costs incurred by the city that are associated with processing the land use proposals.
(a) No application shall be considered complete under this title until sufficient fees are provided.
(b) All costs associated with public notices shall be borne by the applicant.
(c) City and consultant reimbursables include, but are not limited to, staff time for application review, assessment, engineering, inspections, legal, secretarial, administrative costs, cost of publications, and other city processing costs.
(3) Fees for routine city processing costs for building and land use applications, permits and agreements shall be as set forth by resolution of the city council.
(a) Nonroutine or complex projects for which a preapplication conference is called shall establish fees based on an estimation of staff time that would likely be required to complete review and issue a recommendation to the decision maker. In such cases, the director shall estimate the amount of all costs anticipated to be incurred by the city associated with processing the proposal, including engineering, inspection, legal and administrative costs, and staff time.
(b) Hourly rates for city staff time to process land use and/or permit applications shall be as established by resolution of the city council.
(4) If the cost of review exceeds the initial refundable fee amount, the city shall immediately notify the applicant in writing of the estimated additional fee amount required for the review.
(5) Except for agreed-upon emergencies, deposit amounts, intake fees, and hourly charges for permit applications submitted after the work is begun shall be doubled, unless otherwise specified. (Ord. 13-19 § 2, 2019).
20.02.040 Legislative procedures and limitations.
(1) The administrative procedures for the legislative decisions specified in this title are set forth coordinately by adopted ordinances.
(2) Nothing in this title or the permit processing procedures shall limit the authority of the city to make changes to the Buckley comprehensive plan, as part of an annual revision process, or to the city’s development regulations, or to undertake any other legislative actions. (Ord. 13-19 § 2, 2019).