Chapter 16.72
LAND USE DEVELOPMENT PERMIT FEES1
Sections:
16.72.010 Title
16.72.020 Purpose.
16.72.030 Fees.
16.72.040 Additional costs for SEPA review.
16.72.050 Concurrent applications.
16.72.060 Refund of application fees.
16.72.070 Waiver for low income housing.
16.72.080 Annual permit fee review.
16.72.090 Violation—Penalty.
16.72.010 Title.
The ordinance codified in this chapter shall hereafter be known as the “land use development permit fee ordinance,” may be cited as such, and will hereinafter be referred to as “this chapter.” (Ord. 1730-90 § 1, 1990)
16.72.020 Purpose.
The purpose of this chapter is to provide a consolidated and consistent set of filing fees for all land use development permit applications which will best satisfy the following needs:
A. Provide a single convenient listing of all land use development permit application fees for the general public and city staff;
B. Provide a greater degree of consistency and equity in setting fees for similar types of land use development permits;
C. Collect sufficient revenues to offset a reasonable share of the costs incurred by the city in reviewing and approving each type of land use development permit application. (Ord. 1730-90 § 2, 1990)
16.72.030 Fees.
At the time of application for a land use action or an appeal of such action, each applicant appellant shall pay to the planning department, the fee set forth as follows:
A. Additional notice: Whenever the planning department is required to post or mail additional notices for land use projects because of change or additions to the project initiated by the applicant or where improper notice has been posted by the applicant, an additional fee of fifty dollars shall be charged. If additional publication is required, a fee of fifty dollars in addition to the above shall be charged.
B. Appeals.
1. Appeals of administrative decisions made by any nonelected city official under the provisions of city land use regulatory ordinances—one hundred dollars;
2. Appeals of determinations made by the public works director under the provisions of the city street and sidewalk improvement ordinance—one hundred dollars.
C. Amendments to land use development permits or modification of approved site plans:
1. Requiring a public hearing—basic fee;
2. Requiring recirculation to other departments or agencies or modifications of approval—one-half of basic fee;
3. Administrative review by planning department only and not requiring a change to the permit—no fee.
D. Binding site plan:
1. Binding site plan application—one thousand dollars plus thirty-five dollars per lot;
2. Final binding site plan—included in above.
E. Boundary line adjustment:
1. Applications—two hundred fifty dollars.
F. Comprehensive plan change:
1. All sizes—one thousand dollars.
G. Home occupation permit—no fee.
H. Floodplain development permit: one hundred dollars.
I. Master plan approval: one thousand dollars plus twenty-five cents for each one hundred square feet of proposed gross floor area.
J. Nonconforming permits:
1. Certification and/or continuation of nonconforming lot, building, or use—fifty dollars;
2. Change of nonconforming use (Review Process IIB)—one hundred dollars;
3. Expansion of nonconforming use or nonresidential buildings (review process IIIB)—five hundred dollars.
K. Planned residential development (PRD) and planned development (PD):
1. Preliminary approval (review process IIIB or VB)—one thousand dollars plus fifty dollars per acre;
2. Final approval (review process IIB)—one-half original fee.
L. Rezones:
1. Up to one-half acre in size to correct split zoning on individual parcels—five hundred dollars;
2. Up to ten acres in size—one thousand dollars plus one hundred dollars per acre;
3. Over ten acres in size—one thousand five hundred dollars plus one hundred dollars per acre.
M. SEPA (State Environmental Policy Act) project review:
1. Threshold determination of an environmental checklist
a. The base fee for submittal of an environmental checklist—two hundred dollars.
b. An additional fee of one hundred fifty dollars shall be charged if a DNS is issued that requires public notice. The additional fee shall be paid when the posting notices are picked up.
c. Additional costs, if any, incurred by the city shall be billed directly to the applicant; no additional costs may be charged for existing studies or general information already in the possession of the city. See Section 16.72.040 for permit reviews which require additional staff needs or special expertise as determined by the director of community development/planning.
2. Environmental impact statement:
a. Submittal of preliminary draft EIS—two thousand five hundred dollars.
b. Additional costs, if any, incurred by the city shall be billed directly to the applicant; no additional costs may be charged for existing studies or general information already in the possession of the city. See Section 16.72.040 for permit reviews which require additional staff needs or special expertise as determined by the director of community development/planning.
c. In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected for costs not incurred.
3. Detailed environmental study review (review of additional studies) e.g., detailed soils, traffic, wetland, view/solar analysis, drainage, air or water quality studies or other detailed environmental studies required to supplement an environmental checklist—two hundred fifty dollars in addition to environmental checklist fee.
4. The base fee for a threshold determination and/or an EIS shall be paid by the private applicant prior to the circulation of an EIS or environmental checklist by the city.
5. No fee shall be collected by the city for performing its duties as a consulted agency.
N. Shoreline master program amendment—two thousand five hundred dollars.
O. Shoreline substantial development permit, conditional use or variance:
1. Administrative review—five hundred dollars;
2. Project value of up to one hundred thousand dollars as determined by the building official—one thousand dollars;
3. Project value of over one hundred thousand dollars as determined by the building official—two thousand dollars plus five hundred dollars for every million dollar or portion thereof increase in value. However, the amount of the fee may be reduced if the applicant executes an agreement with the city agreeing to pay such an amount determined by the director of planning and community development, hereinafter referred to as “director,” as deemed necessary to cover all costs incurred by the city to process the application. In determining the amount of the fee, the director shall consider the complexity of the application, the need for special studies and the amount of staff time required to process the application. The agreement shall require that the applicant assume full responsibility for paying the city for said costs and will also require that the applicant waive any time limitation which may be exceeded as a result of the applicant’s failure to timely pay the city.
Unless otherwise indicated in the agreement, the city shall be paid at the time the agreement is executed. Failure to pay upon demand in accordance with the terms of this agreement will result in the city withholding any further action on said shoreline review until the required payment is made.
The decision of the director declining to enter into such an agreement, the protest of the imposition of any of the conditions of said agreement or the amount charged therein is appealable to the city council if within ten working days of the date of said decision, a written appeal is filed with the city clerk. Following council’s consideration of the appeal, council has the authority to sustain the decision of the director, modify it, or remand it to the director. The action of the council sustaining, modifying, or remanding shall be final and conclusive unless within thirty calendar days from the date of council’s action, an application is made to the superior court of Snohomish County for a writ of certiorari.
P. Shoreline permit revision—two hundred fifty dollars.
Q. Shoreline permit exemption letter—twenty dollars.
R. Short subdivision:
1. Short subdivision application for preliminary approval—five hundred dollars plus thirty-five dollars per lot;
2. Final short subdivision approval—included in above fee;
3. Variance, administrative—seventy-five dollars;
4. Variance, requiring public hearing—two hundred fifty dollars;
5. Alterations—two hundred fifty dollars.
S. Special property use permit (SPU):
1. Review Process IIIB—project value of up to one million dollars as determined by the building official—five hundred dollars;
2. Review Process IIIB—project value of over one million dollars as determined by the building official—five hundred dollars, plus two hundred fifty dollars for every one million dollar or portion thereof increase in value;
3. Planning director review (review process IIB)—one hundred dollars;
4. Exception: mobile home park SPU fee shall be one thousand dollars plus ten dollars per unit.
T. Subdivisions:
1. Subdivision application for preliminary approval—two thousand dollars plus thirty-five dollars per lot;
2. Final subdivision approval—included in above fee;
3. Alteration—five hundred dollars.
U. Time extensions for all land use permits:
1. Administrative determination—one hundred dollars.
V. Use permits:
1. Temporary use—two hundred dollars;
2. Change of use—two hundred dollars.
W. Variance from zoning code requirements:
1. R-S, R-1 and R-2 zones and single-family use in other zones—two hundred fifty dollars;
2. All other zones unless use is single-family—five hundred dollars.
X. Zoning code text change—one thousand dollars.
Y. In addition to the above fee schedule, the zoning code specifies that certain types of uses be reviewed administratively by the planning director.
1. Proposals subject to review process IIA, unless specifically listed elsewhere in this chapter—planning director review—seventy-five dollars.
2. Proposals subject to review process IIB, unless specifically listed elsewhere in the chapter—planning director review with notification of adjoining property owners—one hundred dollar fee.
3. If a detailed environmental study is required in conjunction with review process IIA or IIB, an additional one hundred fifty dollars shall be charged for review of each study.
Z. Other unspecified land use permits—two hundred dollars or such other fee as established by the director based on the most closely related land use permit listed.
AA. Design review in the B-3 zone (Sec. 22.030):
1. Project size of ten thousand and twenty-five thousand square feet of gross floor area—two hundred and fifty dollars;
2. Project size of twenty-five thousand one feet to fifty thousand square feet of gross floor area—five hundred dollars;
3. Project size of fifty thousand one square feet to one hundred thousand square feet of gross floor area—seven hundred fifty dollars;
4. Project size over one hundred thousand square feet of gross floor area—one thousand dollars.
BB. Annexations:
1. Under ten acres in size—three hundred dollars;
2. Over ten acres—seven hundred fifty dollars.
CC. Determination on interpretation of land use codes—one hundred dollars.
DD. Letters requested by an applicant regarding zoning requirements for a specific site—twenty dollars. (Ord. 1985-94 § 1, 1994; Ord. 1730-90 § 3, 1990)
16.72.040 Additional costs for SEPA review.
For SEPA reviews which require additional staff needs, unusual or expedited review, or special technical expertise by the city as determined by the director of planning and community development, hereinafter referred to as “director,” the applicant will be required to execute an agreement with the city and pay in addition to the fees set forth in this chapter, all additional costs incurred by the city to process the SEPA review which exceed those normally associated with the processing of a SEPA review which costs include, but are not limited to, additional staff time, materials, and consultants’ fees. The agreement shall stipulate that the city staff and consultants will be under the sole direction of the city. The agreement shall require that the applicant assume full responsibility for paying the city for said costs and will also require that the applicant waive any time limitation which may be exceeded as a result of the applicant’s failure to timely pay the city the additional costs. The applicant will pay the city the estimated costs calculated by the director to cover the additional costs associated with said review. The director may require the payment of additional costs if it is determined that the initial estimated cost does not or will not adequately cover the expenses incurred by the city.
Unless otherwise indicated in the agreement, the estimated cost shall be paid to the city at the time the agreement is executed. Prior to any final action by the city’s department of planning and community development related to the SEPA review, the actual charges and estimates paid shall be reconciled and all outstanding balance shall be due and payable upon demand and the city will refund any money collected for costs not incurred by the city. Failure to pay, including the required estimates, upon demand will result in the city withholding any further action on said SEPA review until the required estimate(s) or payment(s) is made. Notwithstanding any language herein, the applicant will be liable to the city for all costs incurred by the city.
The decision of the director to require such an agreement, the protest of the imposition of any of the conditions of said agreement or the amount charged therein is appealable to the city council if within ten working days of the date of said decision, a written appeal is filed with the city clerk. Following council’s consideration of the appeal, council has the authority to sustain the decision of the director, modify it, or remand it to the director. The action of the council sustaining, modifying, or remanding shall be final and conclusive unless within thirty calendar days from the date of council’s action, an application is made to the superior court of the Snohomish County for a writ of certiorari. (Ord. 1730-90 § 4, 1990)
16.72.050 Concurrent applications.
Concurrent applications requiring land use development fees established by this chapter shall be subject to each fee cumulatively. There shall be no reduction in fees where more than one type of fee is charged for a project. For example, a rezone application will also be charged a fee for SEPA review. (Ord. 1730-90 § 5, 1990)
16.72.060 Refund of application fees.
Refund of application fees shall be at the discretion of the city official responsible for administering the specific land use ordinance controlling the permit application. (Ord. 1730-90 § 6, 1990)
16.72.070 Waiver for low income housing.
Notwithstanding any language in this chapter, the director of planning and community development department is hereby provided the discretion to waive, either partially or in total, the fees established in this chapter for projects submitted for review to the city’s planning and community development department which projects involve the construction of low income housing. The extent of the waiver is dependent on the proportion of the project dedicated to low income housing (i.e., the greater portion of the project dedicated exclusively to low income housing will result in a greater portion of the fees being waived.) For purposes of this chapter, “low income housing” includes only those housing units which are subsidized either privately or publicly for the purpose of making them more affordable for the low income.
The amount of the fee waived shall be a percentage proportionate to the amount of the project that is low income; i.e., if the project is twenty percent low income housing, twenty percent of the total fee would be waived. (Ord. 1730-90 § 7, 1990)
16.72.080 Annual permit fee review.
Annually, the mayor shall direct the review of all land use development permit application fees included in this chapter to determine whether adjustments in fee schedules should be recommended to city council for consideration. Proposed fee adjustments shall be made with the intent of meeting the purpose of Section 16.72.020 of this chapter. (Ord. 1730-90 § 9, 1990)
16.72.090 Violation—Penalty.
Any person failing to comply with the requirements of this chapter prior to commencing construction or any land use development activity for which fees are required by this chapter shall pay double the fee required. (Ord. 1730-90 § 8, 1990)
For provisions on the land use hearing examiner, see Ch. 2.23 of this code.