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ORD 2000-51 LAND USE PERMITS, APPROVAL AND ACTIONS FEESORDINANCE No. 2000-51 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON RELATING TO FEES AND CHARGES THAT ARE PAYABLE FOR LAND USE PERMITS, APPROVALS, AND ACTIONS, ADDING NEW SECTION 1.28.025 AND A NEW SUBSECTION 1.28.045 TO THE BAINBRIDGE ISLAND MUNICIPAL CODE AND AMENDING SECTION 2.16.060 OF THE BAINBRIDGE ISLAND MUNICIPAL CODE. WHEREAS, the City desires to charge for its services a manner that is fair and equitable and that does not exceed the total appropriate costs; and WHEREAS, charges for land use actions are difficult to levy because the actions involved differ greatly in the amount of effort required and there are statutory limits on the amounts of some charges; and WHEREAS, after working for approximately one year to develop a fair method of charging for land use actions and permits, the Finance Committee of the City Council has determined that the most equitable method of charging for some permits and regulatory actions is on an hourly rate basis, similar to the hourly rate charged by Seattle, Bellevue, and unincorporated King County; and WHEREAS, the City of Seattle has determined that the appropriate hourly rate to charge is $175.00 per hour, and Seattle presently charges that rate; and WHEREAS, the City has determined that it is appropriate to collect from applicants paying an hourly rate charge one hundred ten percent of amounts charged to the City by third parties in connection with their applications, to partially offset the administrative costs associated with third party contracts; and WHEREAS, a public hearing was held to discuss this and other changes to the City's tax and fee structure on October 7, 1999; and WHEREAS, voter approval Initiative 722 has brought into question the validity of the City's tax and fee structure, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: · 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 mounts 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 thd 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 ofthe'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 follows: A. Fees and charges payable to the City prior to issuance of a land use permit or approval, except impact fees, shall be paid in an amount established by ordinance or resolution as of the date on which the land use applicationis accepted, except as provided in Paragraphs B and C. B. Fees and charges payable to the City prior to issuance of a building pennit, including utility participation and connection charges but except impact fees and fees for ~vhich 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) 0fthe 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 3. The rates established in this ordinance shall be in effect on and after November 1, 1999; provided that if for any reason a court determines that the rates cannot take effect on November 1, 1999, the rates shall be in effect on and after the effective date of this ordinance. SECTION 4. This Ordinance shall take effect and be in force on and after five days from its passage, approval and publication as required by law. PASSED by the City Council this 21st day of November, 2000. APPROVED by the Mayor this 22"d day of November, 2000.. ATTEST/AUTHENTICATE: APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLEiK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No. 2000-51 November 16, 2000 November 21, 2000 Noveraber 29, December4,2000 2000