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