Chapter 21.13
DEVELOPMENT FEES
Sections:
21.13.020 Chapter not applicable to impact fees.
21.13.060 Advanced deposit for consultant services.
21.13.010 Purpose.
The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the cost of services associated with the processing of development applications, inspecting, and reviewing plans, and conducting environmental review. (Ord. 737 § 2 (Att. A), 2022)
21.13.020 Chapter not applicable to impact fees.
This chapter does not apply to impact fees adopted under Chapters 3.36, 3.38 and 3.39 WMC. (Ord. 737 § 2 (Att. A), 2022)
21.13.030 General provisions.
The Director may establish administrative rules to implement the provisions of this chapter.
(1) Fees are due and payable at the time of application for services, or the due date stated on the City’s invoice.
(2) A late penalty payment equal to one percent of the delinquent unpaid balance, compounded monthly, may be assessed on any delinquent unpaid balance.
(3) Unless otherwise required by law, development permit and environmental review fees shall be assessed at the fee rate in effect at the time the fee is collected.
(4) Development fees are not refundable, except development fees and other service fees are refundable in proportion to the amount of work performed by the City in relation to the application for which the fee was collected as of the date an applicant withdraws in writing an application. (Ord. 737 § 2 (Att. A), 2022)
21.13.040 Fee resolution.
Development fees for permits and permit-related reviews shall be established by resolution of the City Council. (Ord. 737 § 2 (Att. A), 2022)
21.13.050 Consultant costs.
(1) In addition to City staff, the City utilizes the services of consultants in the processing of development applications, inspecting, and reviewing plans, and conducting environmental review.
(2) When referred to in the fee resolution, consulting costs shall include all costs incurred by the City for services from consultants retained by the City in relation to permits. (Ord. 737 § 2 (Att. A), 2022)
21.13.060 Advanced deposit for consultant services.
(1) The Director may require an applicant to pay an advance deposit for consultant services determined necessary in the Director’s sole discretion for the timely processing of an application and/or administration of a permit or approval.
(2) The City may withdraw funds from the deposit to compensate for the cost of consultant services as those consultant costs are incurred by the City.
(3) The Director may require the applicant to provide additional payments to the deposit whenever the cost to complete review and inspection on a permit is anticipated to exceed the available funds in the advanced deposit.
(4) The City is not responsible for paying interest on deposits. Any unspent funds remaining after all permits and approval on a project are final shall be refunded to the applicant. (Ord. 737 § 2 (Att. A), 2022)
21.13.070 Disputes.
(1) An applicant disputing a development fee estimate or the payment of development fees shall first attempt to resolve the matter with the Director. The applicant shall submit the dispute in writing and the Director shall issue a decision on the dispute in writing.
(2) If the applicant is aggrieved by the Director’s decision, they may appeal the decision to the hearing examiner as a Type 1 decision pursuant to the procedures set forth in Chapter 21.81 WMC.
(3) The burden is on the applicant to demonstrate that the fee estimates are unreasonable. The Hearing Examiner shall affirm the Director’s decision unless the Examiner determines that the decision was unreasonable.
(4) If the Hearing Examiner determines the fee estimate or payment of certain fees was unreasonable, the Hearing Examiner may modify the fee estimate, or provide other relief as reasonably necessary. The Hearing Examiner’s decision is final.
(5) If the Hearing Examiner determines that the applicant is the substantial prevailing party, the City shall refund the appeal fee.
(6) An appeal of any fee under this chapter shall be limited only to the City’s application of development fees to the applicant’s permit and approval. An applicant may not challenge under this chapter the permit fees as adopted in the fee schedule, or any other code requirements. (Ord. 737 § 2 (Att. A), 2022)