Chapter 22.25 LAND USE AND DEVELOPMENT FEES

Chapter 22.25
LAND USE AND DEVELOPMENT FEES

Sections:

22.25.020 Application fees and other fees.

22.25.010 Purpose and applicability.

(1) The purpose of this chapter is to establish the authority for collecting fees for various land use and development review services, as well as provisions for reductions and refunds of those fees.

(2) The provisions of this chapter shall apply to fees charged for procedures contained in the following titles of the WCC:

(a) WCC Title 15, Buildings and Construction;

(b) WCC Title 16, Environment;

(d) WCC Title 20, Zoning;

(e) WCC Title 21, Land Division Regulations;

(f) WCC Title 22, Land Use and Development Procedures; and

(g) WCC Title 23, Shoreline Management Program. (Ord. 2018-032 § 1 (Exh. A)).

22.25.020 Application fees and other fees.

Fees for project permit applications, legislative amendments, land use and development code interpretations, and other approvals and reviews as set forth in this title shall be as provided in the Unified Fee Schedule. (Ord. 2020-045 § 1 Exh. A; Ord. 2018-032 § 1 (Exh. A)).

22.25.030 Reduced application fees.

When any given project requires more than one of the following permits or applications, the total amount of fees shall be reduced by 25 percent of the required aggregate permit and application fees; provided any fees required for processing of an EIS shall not be included as part of the total amount of fees to be reduced by 25 percent:

(1) Subdivision plat application;

(2) Rezone application;

(3) Shoreline substantial development permit, variance or conditional use;

(4) Major development permit;

(5) Conditional use permit;

(6) Variance;

(7) Planned unit development. (Ord. 2018-032 § 1 (Exh. A)).

22.25.040 Refund of application fees.

Refunds of application fees for project permits and for amendments to the Whatcom County Comprehensive Plan, development regulations and official maps shall be computed based on the following, unless otherwise indicated in the Whatcom County Code. All refund requests shall be submitted in writing to the department of planning and development services director. The date of application for a refund request shall be the date the written refund request is received by the department. For the purpose of computing elapsed calendar days, the day after the date of application or deadline date as appropriate shall be counted as day one.

(1) Fees for Project Permits.

(a) Applications withdrawn on or before the fourteenth calendar day after the date of application shall be eligible for a refund of 90 percent of all application fees including any SEPA fees.

(b) Applications withdrawn after the period set forth in subsection (1)(a) of this section but on or before the ninetieth calendar day after the date of application shall be eligible for a refund of 50 percent of all application fees except for any SEPA fees which shall not be eligible for a refund.

(c) Applications withdrawn after the ninetieth calendar day after the date of application shall not be eligible for a refund.

(d) Notwithstanding the above, no fees shall be refunded for any permit or approval that has been issued or granted by the county.

(e) The director may authorize a full refund of any project permit application fee paid in error.

(2) Fees for Amendments to the Whatcom County Comprehensive Plan, Development Regulations, and Official Maps.

(a) The docketing fee shall be nonrefundable.

(b) The amendment application fee may be refunded, if the application is withdrawn, as follows:

(i) If the application has been docketed, but review of the application has not commenced, 100 percent of the application fee may be refunded.

(ii) If the application has been docketed and review of the application has commenced, but the staff report has not been issued, 75 percent of the application fee may be refunded.

(iii) If the application has been docketed and a staff report has been issued, but a planning commission hearing has not been held, 50 percent of the application fee may refunded.

(iv) If the application has been docketed and the planning commission has held a public hearing, then the application fee may not be refunded.

(d) The legal notice fee may be refunded if the application is withdrawn and legal notice has not been published. (Ord. 2019-013 § 1 (Exh. A); Ord. 2018-032 § 1 (Exh. A)).