Chapter 18.04
DEVELOPMENT PROPOSAL PERMITS
Sections:
18.04.030 Reimbursement of review costs.
18.04.050 Time and manner of payment of fees.
18.04.060 Processing of applications.
18.04.070 Fee waivers and requirements.
18.04.080 Administrative appeals.
18.04.010 Scope.
This title applies to all land use and development proposals within the town, except those for which the fee schedule is covered by a separate ordinance, statute, or fee schedule. [Ord. 444 § 1, 1999]
18.04.020 Definitions.
Except where otherwise defined therein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes the use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 444 § 2, 1999]
18.04.030 Reimbursement of review costs.
(1) Costs of review services actually incurred by the town, including both services rendered by the lead staff/consultant and others required for proper review, which arise out of the processing of any land use or development permit application, plan check or review, building or construction permit, fill and grade permit, or other permit, license or inspection, and all costs incurred by the town for engineering inspection and engineering plan review for construction of public improvements or private improvements, shall be reimbursed by the developer or applicant prior to final approval, in addition to any other fees.
(2) All such costs and any interest due thereon shall be paid to the town prior to issuance of any necessary permit or approval. The amount set forth herein shall be collected at the time the application is submitted as a deposit towards such expenses.
(3) In the event such expenses exceed the amount of deposit prior to the conclusion of processing, or prior to the final inspection and approval, the lead staff/consultant shall determine if it is likely that additional review expenses shall be incurred. If so, the lead staff/consultant may require that the deposit be replenished in the same amount or in such amount as shall appear necessary to secure payment of the projected expenses engineering services.
(4) If any statement for review expenses submitted by the town to the developer or applicant remains unpaid for more than 30 days after the statement was mailed, interest shall accrue on the unpaid principal balance commencing on the 31st day of mailing, at the rate of 12 percent per annum.
(5) In the event the amount of the deposit for review fees, in excess of a minimum deposit, exceeds the actual costs of such services, the excess amount shall be refunded to the applicant upon receipt of final decision on the application has been made, unless appeal to the decision is made, in which case, after all appeals have been exhausted.
(6) In all cases where a deposit for costs is required, the processing of the application or approval of the construction shall not commence or continue until the deposit or any required replenishment thereof has been made.
(7) Land use or development plan reviews, plan checks, and inspections for which these fees are charged are the benefit of the town of Concrete and not for any other party. These plan reviews, plan checks, and inspections shall not create any duty or obligation on the part of the town to any person or entity. [Ord. 444 § 3, 1999]
18.04.040 Fee schedule.
(1) The applicant or developer is required to pay a minimum fee of amounts set by annual resolution* of the town council in order to initiate a review of application:
(a) For each Action 1, including:
Amendments to the zoning code;
Temporary use permits;
Environmental review – Threshold determination only;
Fill and grade permit;
Street improvements (including clearing and grubbing for streets, excavation, grading and preparation for roadways and roadway paving);
Curbs and/or walk installation;
Parking lot paving;
Storm sewer installation/improvement;
Storm water retention/detention system;
Sanitary sewer installation/improvement;
Illumination (e.g., street lighting);
Pre-application review;
Utilities extension;
Special inspections;
Special reviews;
Appeals;
Sign permits;
Design review;
Traffic signal;
Illumination;
Water main;
Fire inspection;
Critical areas;
Short plats;
Boundary adjustments.
(b) For each Action 2 including:
Amendments to the comprehensive plan text;
Amendment to comprehensive plan and zoning map;
Urban growth area adjustments;
Conditional use permit;
Special use permit;
Site plan review;
Variance;
Planned residential district;
Short subdivision, subdivision applications, and boundary line;
Adjustments;
Binding site plan applications;
Applications involving permits required by the Shoreline Management Act (Chapter 90.58 RCW);
Environment review – EA or EIS;
Annexations;
Communications facilities/service application.
(c) For applications requiring more than one permit action, fees shall include the sum of all required permits, but not in excess of estimated total cost of review.
(d) Any and all other types and forms of town permission requested by and other 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 form. The town planner shall designate actions not listed above as Fee 1 or Fee 2 actions.
(e) Requests for verbal land use information will be no charge.
(f) Requests for written land use information will incur the cost of preparing and/or copying the requested documents.
(g) Building/Plumbing/Mechanical Permit Fees. Building/plumbing/mechanical permit fees shall be based upon the fees set by the town of Concrete’s annual resolution* set by the town council.
(h) For those applications that require a notice of public hearing(s) to be published in a newspaper of general circulation, the applicant shall bear the costs of all advertising.
(2) In addition to the minimum fee set per annual resolution of the town council, services for the lead staff/consultant in excess of one hour shall be charged at an hourly rate set annually by resolution of the town council, together with the actual costs of any services deemed necessary by the lead staff/consultant to perform said plan review, plan check or inspection.
(3) The expense of engineering and consulting services rendered by nonemployees of the town, including engineering firms, engineers, town planners, attorneys, and related services, as required for proper review, plan check or inspection, shall be charged at their actual cost. [Ord. 515 §§ 10 and 13, 2003; Ord. 444 § 4, 1999]
*Code reviser’s note: The resolution setting this fee is available for review at Town Hall.
18.04.050 Time and manner of payment of fees.
Fees required pursuant to this title shall be paid at the time of filing the application. The deposit amount paid at the time of application shall be the base fee. Upon receipt of an application relating to any proposal within the scope of this title, the lead staff/consultant, or his or her designee, shall send a written notice to the applicant stating the amount of any additional initial deposit required, if any. The amount of the initial deposit shall equal the total estimated amount of fees required for the processing of each proposal. The applicant shall then deposit such amount with the town. The town shall deduct town 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 lead staff/consultant shall require the applicant to make one or more additional deposits in amounts equal to the estimated additional costs, which will be incurred by the town to complete processing of the proposal. All estimates of fees shall be made by the lead staff/consultant.
If the initial deposit is not used in full, the balance shall be refunded to the applicant. [Ord. 444 § 5, 1999]
18.04.060 Processing of applications.
The town shall not begin to process any application within the scope of the ordinance codified in this title until the initial deposit has been paid in full. When an additional deposit is required, no further processing of such application by the town shall be made until the additional 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. 444 § 6, 1999]
18.04.070 Fee waivers and requirements.
(1) Application fees may be waived upon approval of the town planner or council, if any of the following conditions exist:
(a) The application submitted is in direct response to a capital construction project by the town of Concrete.
(b) The town council determines that the direct benefit accrued from the applicant’s project are in the public’s interest and welfare.
(c) The proposal is a town of Concrete project.
(d) The fee cannot be paid by the applicant because of financial hardship.
(2) Land use fee waivers for reason of financial hardship will only be granted in cases where payment of the fee would pose a financial hardship for the applicant, who otherwise is able to fulfill the proposed action. An example of such a case may include when a high school government class proposes an amendment to the town of Concrete comprehensive plan. Application for a financial hardship fee waiver must be accompanied by such material evidence as required to substantiate the claim of financial hardship. Such application must also include material evidence to substantiate the ability to carry out the proposed action in light of the financial hardship. Determinations for land use fee waivers will be on a case-by-case basis by the town planner for Type I and Class II land use actions, and by the town council for Class III and Class IV land use actions. As land use fee waivers are granted completely at the discretion of the town, no further appeal process is allowed.
(3) Application fees may be reimbursed at the following rate (percent of total fee):
|
Request to withdraw application prior to any public notice issued |
100% |
|
Request to withdraw application after public notice issued |
85% |
|
Request to withdraw application following a public hearing |
35% |
|
Request to withdraw application after final action on permit |
0% |
[Ord. 444 § 7, 1999]
18.04.080 Administrative appeals.
The fees collected from the proponent of any proposal pursuant to this title shall include costs incurred by the town in connection with any administrative appeal (including any quasi-judicial appeal), which may be made by any person in connection with such proposal. [Ord. 444 § 8, 1999]
18.04.090 Civil enforcement.
This title shall be administered and enforced by the town planner or designated representative. Any fee due under this title may be collected by court proceedings in the same manner as any other debt of like amount, which remedy shall be in addition to all other remedies. [Ord. 444 § 9, 1999]
18.04.100 Intention.
This title is intended to supplement the fees required by any and all other town ordinances and resolutions, or any other applicable laws, and the requirements of this title are in addition thereto. [Ord. 444 § 10, 1999]
18.04.110 Applicability.
This title shall apply to all applications within the scope hereof which are filed with the town after the ordinance codified in this title becomes effective. [Ord. 444 § 12, 1999]