HomeMy WebLinkAboutOrdinance No. 0853CITY OF MEDINA
Ordinance No. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, AMENDING CHAPTER 17.44 OF THE MEDINA MUNICIPAL CODE
RELATING TO DEVELOPMENT FEES
WHEREAS, the City of Medina is classified as a non -charter code City under title
35A RCW; and
WHEREAS, pursuant to RCW 82.02.020, the city is authorized to collect reasonable
fees from an applicant for a permit or other governmental approval to cover the cost for
processing applications, inspecting and reviewing plans, or preparing environmental
documents; and
WHEREAS, the City Council adopted Ordinance No. 421 (February 10, 1986)
establishing a development permit fee schedule and authorized the City manager to modify
the fee schedule; and
WHEREAS, Ordinance No 421 also provided for the recovery of consultant costs
associated with development permits and environmental review; and
WHEREAS, it is the general policy of the City that permit fees and environmental
review fees should cover the cost of providing services associated with development permits
and environmental review; and
WHEREAS, the City Council wishes to provide a more effective fee program
associated with development permits and environmental review; and
WHEREAS, pursuant to WAC 197-11-800(19), adoption of a fee schedule contains
no substantive standards respecting use or modification of the environment and is
categorically exempt from the State Environmental Policy Act.
WHEREAS, the City Council of the City of Medina, Washington, does adopt the
following findings of fact:
A. Revisions to the development permit fee provisions are necessary to improve the
overall effectiveness of assessing and recovering reasonable fees associated
with processing applications, inspecting and reviewing plans and reviewing and
preparing environmental documents.
B. The adoption of a building and structure valuation table will provide greater
predictability and certainty in establishing fees for building permits.
C. The collection of advance deposits for consultant services will ensure a more
effective means of recovering costs from applicants for consultant services
associated with development permits and approvals.
1 of 6
D. The proposed revisions set forth in this ordinance are in the best interest of the
City and protect the public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 17.44 of the Medina Municipal Code is hereby repealed.
Section 2. A new chapter 17.44 of the Medina Municipal Code is adopted to read as
follows:
Sections:
17.44.010
Purpose.
17.44.020
Applicability.
17.44.030
General provisions.
17.44.040
Definitions.
17.44.050
Fee schedule.
17.44.060
Building and structure valuation.
17.44.070
Consultant Costs.
17.44.080
Advanced deposit for consultant services.
17.44.090
Disputes.
Chapter 17.44
DEVELOPMENT PERMIT FEES
17.44.010 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.
17.44.020 Applicability.
Development permit fees shall compensate the City for building, engineering and land use
services associated with the processing, review and inspection of:
A. Residential and commercial building permit applications;
B. Grading and drainage permit applications;
C. Right-of-way permits;
D. Tree removal permits;
E. Shoreline permit applications and exemptions;
F. State Environmental Policy Act (SEPA) compliance;
G. Critical areas review;
H. Preliminary and final subdivisions and short subdivisions;
I. Lot line adjustments;
J. Variances and minor deviations, conditional and special use
reclassifications, temporary use permits;
K. Site plan review;
L. Code of conduct and tailored construction mitigation plans;
M. Amendments to the comprehensive plan or shoreline master program;
N. Code amendments and amendments to the Official Zoning Map;
O. Other project -permits listed in the tables set forth in MMC 20.80.060; and
2of6
permits, zone
P. Other permits or approvals that reference this chapter.
17.44.030 General provisions.
A. The City manager or designee may establish administrative rules to implement the
provisions of this chapter.
B. Fees are due and payable at the time of application for services or the due date stated
on the City's invoice.
C. A late penalty payment equal to one percent of the delinquent unpaid balance,
compounded monthly, may be assessed on any delinquent unpaid balance.
D. 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.
E. Administrative fees are not refundable. Other service fees are refundable in proportion
to the amount of work performed as of the date an application is withdrawn by an
applicant.
F. Whenever a planning, building or engineering plan review or inspection results in more
than one correction notice, second and subsequent corrections shall be charged a fee
for additional services at an hourly rates established by the fee schedule.
17.44.040 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates otherwise.
B. The following definitions apply to this chapter and they should be used in conjunction
with other definitions found in title 17 and title 20 MMC. However, these definitions are
not intended to replace or alter similar definitions found elsewhere within the Medina
Municipal Code except where specifically applied to the provisions of this chapter.
1. "Development permits" means all permits and associated approvals administered by
the City associated with development.
2. "Environmental review" means all reviews administered pursuant to chapter 43.21
RCW and chapter 18.04 MMC.
3. "Permit fee" means a payment of money imposed upon development as a condition
of application for or approval of development to cover the costs of processing
applications, inspecting and reviewing plans or other information required to be
submitted for purpose of evaluating an application, or inspecting or monitoring
development activity.
4. "Profit" means the value difference in what a building or structure is worth as a result
of improvements made to the building or structure, and the cost of replacement of
the building or structure. For the purpose of this chapter "profit' shall be an estimate.
5. "Valuation" means the determination of value made by the building official or
designee of the total work, including materials, labor, overhead and profits for which
a permit is issued, such as electrical, gas, mechanical, plumbing equipment and
permanent systems.
17.44.050 Fee schedule.
A. Development permit fees shall be set in a manner to reasonably cover as close as
possible the actual cost of providing the services prescribed in MMC 17.44.020. This
shall include consultant costs.
B. Authority is delegated to the City manager or designee to establish a fee schedule and
to increase or decrease fees consistent with the provisions of this chapter to
3of6
compensate the City for services related to development and conducting environmental
review.
C. The fee schedule and any modifications thereto shall be submitted to the City Council for
consideration. The City Council may approve, reject or modify the proposed fee
schedule or any modifications thereto.
17.44.060 Building and structure valuation.
Fees for the review of buildings and structures, including additions and modifications, shall
be calculated using the fee rate table adopted in the fee schedule pursuant to MMC
17.44.050 and the following methods of determining permit valuation:
A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy
(Residential one- and two-family) shall be based on the following table, except as
provided in MMC 17.44.060(B):
Table 17.44.060(A) Valuation Table
Range for Value per Square Foot
Middle
Lower
Main Floor Area
$336
$250
Upper Floor Area
$336
$250
Lower Floor Area
$336
$250
Storage/ Unconditioned
Garage Area
$125
$105
Unfinished Space
$323
$227
Finished Basement Area
$359
$283
Porch Area — Uncovered
$76
$71
Porch Area— Covered
$160
$145
Decking Area — Uncovered
$35
1 $25
Decking Area — Covered
$100
1 $75
1. The applicable value shall be applied based on the type of construction and work
being performed.
2. The building official must approve which value in the table to apply in calculating
valuation.
B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new
construction or addition has a valuation greater than $2.5 million, it shall have the
valuation determined pursuant to MMC 17.44.060(C).
C. For those items not covered by the valuation table in MMC 17.44.060(A), including all
areas of remodel, the valuation shall be determined by the applicant providing an
estimate value at the time of application. All fair -market value for labor and materials,
equipment; architectural and engineering design work, contractor management
expenses, agent administration expenses, profit, and overhead necessary to complete.
the project shall be included in the estimate. Sales tax and permit fees shall not be
included.
D. Final valuation shall be set by the building official consistent with the provisions of this
chapter. If, in the opinion of the building official, the valuation provided by the applicant
is underestimated on the application, or if subsequently the application is changed in a
manner that significantly affects valuation, the building official may require a detailed
estimate, or may require a new valuation estimate that must be approved by the building
official.
4of6
E. Permit fees based on valuation shall use final valuation for assessing fees to be paid
17.44.070 Consultant Costs.
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.
A. When referred to in the fee schedule, consulting costs shall include all costs incurred by
the city for services for consultants retained by the City in relation to permits.
B. Costs shall include the hourly cost to the City for the consultants' services plus any
administrative costs and incidental costs associated with the consultant's services.
C. Consultant costs may also include those costs incurred when an applicant requests a
pre -development meeting, or when requesting assistance in clarifying the status or
permitted use of property or easement.
D. The general provisions set forth in MMC 17.44.030 for development fees shall apply to
consultant costs where applicable.
17.44.080 Advanced deposit for consultant services.
A. The City may require an applicant to pay in advance a deposit for consultant services.
B. The City shall, within a reasonable time, provide to the applicant the fee estimate for
consultant services upon which the deposit will be based.
C. The deposit shall not exceed 100 percent of the total actual or estimated cost of the
review and inspection of a permit application.
D. 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.
E. The City 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 deposit. The provision set forth in MMC 17.44.080(C)
shall apply to subsequent payments.
F. The City may refuse to issue or continue processing any permit, or perform any
inspection, if a requested deposit payment remains unpaid.
G. The City shall not be obligated to pay interest on deposits. Any unspent funds remaining
after all permits and approval on a project are final shall be refunded to the applicant.
17.44.090 Disputes.
A. An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve
the matter with the City manager or designee. The applicant shall submit the dispute in
writing and the City manager or designee shall issue a decision on the dispute in writing.
B. If the applicant is aggrieved by the City manager or designee's decision, they may
appeal the decision to the hearing examiner pursuant to MMC 20.80.220.
C. The burden is on the applicant to demonstrate that the fee estimate or estimate revision
is unreasonable. The hearing examiner shall affirm the City manager or designee's
decision unless the examiner determines that the decision was unreasonable.
D. 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.
E. If the hearing examiner determines that the applicant is the substantial prevailing party,
the City shall refund the appeal fee.
5of6
F. An appeal of fee under this chapter shall be limited only to the City's application of
permit fees to the applicant's permit and approval. An applicant may not challenge in an
appeal under this chapter the permit fees as adopted in the fee schedule, or any other
code requirements.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon City
Council approval of the next fee schedule amending the 2009 fee schedule.
PASSED BY THE CITY COUNCIL ON THIS 12th DAY F JULY 201QA; ND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF
2010.
;rr
Mayor Brel Jor n
Approvedd as to form:
Bruce Disend, City Attorney
'Fub(i 51n . 0l'I t S' (Zo t O
6of6
Attest
R hel Baker, City Clerk