ORD 99-47 FEES AND CHARGES PAYABLE FOR LAND USE PERMITS : S/,AO'lqO,4 SV NIVCPd00CI
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SECTION 1. A new Section 1.28.025 is added to the Bainbridge Island Municipal Code
as follows:
1.28.025 Hourly Rate.
A. In all sections of the City's Fee Schedule, adopted by resolution and as
amended, that specify an hourly rate shall be charged, the City shall charge the
hourly rate established in this section for all staff time spent on the permit,
approval, or other action covered by the Fee Schedule. The hourly rate shall,
include overhead and direct costs related to the permit, approval, or action (such
as posting, publication, and mailing of notices) but shall not include amounts
charged by third parties to the City (such as legal costs, engineering services, or
other consulting charges from individuals or firms pursuant to contracts with the
City, In addition to the hourly rate charge, applicants for permits, approvals, or
other actions for which the hourly rate charge is imposed shall pay to the City one
hundred and ten percent (110%) of amounts charged to the City by third parties in
connection with the permit, approval or action.
B. The hourly rate shall cover the full cost of the land use regulatory function for
the year prior to the imposition of the rate, excluding the costs of Long Range
Planning and policy formulation, less a taxpayer contribution as determined by
resolution or ordinance. Different taxpayer contributions may be applied to
different types of permits. Unless a taxpayer contribution is approved for a
specific period, the taxpayer contribution shall be zero. Specific periods shall not
exceed one year.
C. The City Council shall review the hourly rates imposed by the City in or before
June, 2000, again in December, 2000, and annually thereafter. The review may
include the method and amount of the rate calculation, the amount of the taxpayer
contributions, and the permits, approvals, and actions for which hourly fees are
charged.
D. An applicant that is aggrieved by the number of hours charged to a particular
permit, approval, or action may appeal the amount charged to the Director of
Planning and Community Development. The decision of the Director shall be final.
E. Until the first City Council review required in Paragraph C above, the City's
hourly rate charge shall be $70.00 per hour. For purposes of calculating this
hourly rate charge, until the first City Council review, the amount of the cost to be
used is $104.97 and that the taxpayer contribution shall be 33.276 percent, for a
total hourly rate of $70.00 per hour. The City Council has determined that the full
cost of the land use regulatory function exceeds $104.97, but has not yet
determined the amount of the full cost.
F. In calculating the hourly rate charge during any City Council review required
by Paragraph C above, the City shall use the City of Seattle calculation of the full
cost of land use regulatory function for the preceding year, unless the City Council
approves a different calculation. The City of Seattle calculation is currently
$175.00 per hour, but may change from time to time.
SECTION 2. A new Subsection D is added to Bainbridge Island Municipal Code Section
1.28.045 as follows:
D. All permits, approvals, and regulatory actions are issued on the condition that all
fees and charges required for that permit, approval, or regulatory action be paid in full.
In the event that a legally-required fee or charge is not paid in full within sixty days of
the date of the City's invoice to the applicant, the permit, approval, or regulatory
action for which the payment is required shall be immediately and automatically
revoked and thereafter shall be null and void.
SECTION 3. Section 2.16.060 of the Bainbridge Island Municipal Code is amended as
fullows:
A. Fees and charges payable to the City prior to issuance of a land use permit or
approval, except impact fees, shalI be paid in an amount established by ordinance or
resolution as of the date on ~vhich the land use application is accepted, except as
provided in Paragraphs B and C
B. Fees and charges payable to the City prior to issuance of a building permit,
including utility participation and connection charges but except impact fees and fees
for which an hourly charge has been established, shall be paid in an amount
established by ordinance or resolution as of the date of the permit application.
C. Fees and charges payable to the City in relation to the issuance of land use
permits or approvals do not vest except as provided in this chapter. Hourly rate
charges shall be imposed for all work done by the City on and after the effective
date(s) of the hourly charges, at the rate in effect on the date that work is
performed by the City. Hourly charges shall be in addition to any amounts
previously collected relative to the permits, approvals, or actions for which
hourly fees are either now or subsequently imposed except for Master Planned
Developments, in which case amounts paid prior to October 7, 1999 shall be
considered a deposit against future charges.
SECTION 4. In the event that Initiative 695 is rejected by the voters of the State of
Washington or if Initiative 695 fails to become law for any other reason, Sections
1.28025B and F BIMC as added by Section l this ordinance shall be null and void and of
no force or effect and Sections 1.28.025C through E BIMC as added by Section I of this
ordinance shall be tenumbered accordingly.
SECTION 5. This Ordinance shall take effect and be in force on and after November 1,
1999, which date is more than five days from its passage, approvaI and publication as
required by law,
PASSED by the City Council this '7 "*'day of ~9tragF_4d999.
APPROVED by the Mayor this
' '~,,,,,'
Dwig~ht~utton, M~yor~Z~'~
ATTEST/AUTHENTICATE:
sper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No. 99-47
September2.1999
October 7, 1999
October 20, 1999
NoVember I, !999