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HomeMy WebLinkAbout021119_ra01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Patty Charnas, Director, Community Development Austin Watkins, Planning Manager NV) Jodi Adams, Permit, Building, and Administration Manager-TIN DATE: February 11,2019 SUBJECT: Public Hearing on Community Development's Proposed Fee Schedule Modifications STATEMENT OF ISSUE: The Board of Commissioners will hold a public hearing accepting written and verbal testimony regarding proposed modifications to Jefferson County's Department of Community Development's (DCD) fee schedule. Community Development, an enterprise fund,proposes modifications to its fee schedule adding new services and reviews, modifying existing services and reviews, deleting repealed services and reviews, and increasing its hourly review fee. ANALYSIS: Proposed Modifications to the Fee Schedule In 2018, the Jefferson County Board of Commissioners (BoCC)made substantial legislative changes to the Jefferson County Code, including changes to Title 8 and Title 18, warranting modifications to the Community Development fee schedule. Community Development is an enterprise fund requiring that the Department capture its permit and application costs through fees, such as application and review fees for land use and building permits. The proposed modifications to the fee schedule include updates to match recent legislative changes, modifications based upon applications and services rendered by the Department, and an increase in the overall hourly fee from $92 to $94 based on the 2018 Consumer Price Index (CPI) (rounded to the nearest dollar). The existing 2015 Fee Schedule as amended and through a 1996 Ordinance, permits Community Development to raise its hourly fee without BoCC action by the CPI yearly. Below is an overview of the proposed modifications. • Increase in hourly fee from $92 to $94 (based on CPI which is rounded to the nearest dollar and already in place under Ordinance 12-1209-96 and Ordinance 08-1123-15 as amended by Ordinance 05-0625-18). • Addition of the following services and reviews o Boundary Line Agreement(4 hour base fee); Page 1 of 4 o Lot Certification(4 hour base fee); o Hearing Examiner Fee ($1,250 per Type III application or appeal requiring adjudication by the Hearing Examiner); o Miscellaneous Hourly Fee ($94 per hour charged for services and reviews not expressly listed within the fee schedule); o Commercial Shooting Facility Ordinance—Operating Permit(23 hours base fee. Chapter 8.50 of the Jefferson County Code); and o Built without permits (BWOP)penalty fee (50%penalty based on total permit fee) • Modification of the following services and reviews o Waiver of Special Reports (increased to 3 hour base fee from 2 hours) • Deletion of the following services and reviews o Site Plan Approval Advanced Determination Hearing Examiner Fee It is recommended that applicants bear the cost of their permit, application, or appeal adjudication for Type III permits and appeal decisions made by the Hearing Examiner. In 2018, the average cost per Type III decisions was $1,258. Community Development proposes a$1,250 Hearing Examiner fee for all Type III applications and appeals. This would be in addition to Community Development fees, such as our base hourly fee, public hearing notice fee, and notice board fee. Currently, the Hearing Examiner adjudicates Type III applications and land use decision appeals as quasi-judicial. The Hearing Examiner is paid for by the County General Fund as a non-departmental line item. This solution provides a system in which the applicant pays their fair share of permit or application adjudication and is consistent with the majority of Washington counties. Built Without Permit(BWOP) Penalty Fee Currently, there is no penalty fee assessed for structures built without permits. As proposed, a 50% penalty fee will be assessed in addition to the base building permit fee. The Built Without Permit(BWOP) penalty fee serves as a financial disincentive to building without permits. Community Development receives several hundred code enforcement complaints annually, many of which allege unpermitted structures. The BWOP penalty fee will serve as a financial incentive to obtain permits at the front end, and to come into compliance if a structural issue exists. The BWOP penalty fee will be used as a tool in Community Development's upcoming code compliance program. Community Development has completed a comparative analysis of surrounding jurisdictions and the proposed fee and program is consistent with surrounding jurisdictions. The attached Fee Policy provides the Community Development Director with the discretion to waive the BWOP penalty fee, including in circumstances when the BWOP was not the applicant's or their agent's fault or the applicant purchased the property within the past 6 months. DCD Staff Consults Community Development's on-going mission includes providing customers with general information on code requirements for proposed land uses and development applications. Currently, the Department offers Customer Assistance Meetings (CAMs), which are a single, free 15-minute meeting per parcel per Page 2 of 4 year. Additional CAMs or customer-requested additional CAM time beyond 15-minutes trigger a paid 1- hour CAM at $100 per hour. Customers almost exclusively elect the free 15 minute CAM as opposed to paid CAMs. Recent tracking and monitoring revealed that CAMs usually run over 15-minutesln 2018,these free CAMs cost the Department$40,000, which is not sustainable. Community Development proposes to modify its Customer Assistance Meetings diversifying and improving the Department's customer service, while offering a budget saving opportunity. The proposed fee schedule renames our existing CAMs to DCD Staff Consults continuing to authorize an hourly charge for the staff consult service of$100 per hour, inclusive of the technology fee and associated scanning costs. Monies paid towards Staff Consults will be credited to permit applications paid for within one-year of the Staff Consult. The DCD Staff Consult will offer a variety of consults starting with a paid 30-minute consult; paid 1- hour consult; or, a"permitting path consult". Community Development's proposed permitting path consult will result in a written deliverable explaining likely permitting paths based on information reviewed and discussed. The permitting path consult offers a lower cost service to applicants to determine initial feasibility of permitting a project, prior to investing additional time or money into developing the proposal to the level necessary for a pre-application review. The potential exists that Staff Consults and Permit Path Consults may preclude the need for more expensive additional pre-application conferences currently called for in code. These new services allows Department staff to spend additional time with the customer resulting in better research, improved information, improved delivery of information, and an overall better understanding of our processes. Community Development will continue to answer simple over the counter questions free of charge. The Department will roll out an online scheduling tool for customers to schedule appointments in advance. Additionally, DCD is improving its website offerings (e.g., improve out frequently asked questions) and plans to hold more frequent trainings with stakeholder groups. Attachments: • Draft Modifications to Community Development's Fee Schedule, Appendix A • Draft Adopting Ordinance FISCAL IMPACT: The proposed modifications to Community Development's fee schedule have a positive impact on the County's General Fund, as the Department will better capture its permit and application fee revenue based on recent legislative changes, modifications based upon applications and services rendered by the Department, and an increase in the hourly rate charged by the Department from $92 to $94 per hour. The impact from the proposed paid DCD Staff Consult system is hard to predict, given the program's parameters; however, DCD expects that the proposal will have an overall positive impact to DCD's General Fund account. The proposed fee modification for the Hearing Examiner is expected to save the County's General Fund non-departmental line item account approximately $15,000 per year or$1,250 per Type III decision or appeal rendered by the Hearing Examiner. Page 3 of 4 RECOMMENDATION: Community Development recommends adopting the attached Ordinance and Fee Schedule after conducting a public hearing and considering timely written and verbal testimony. REVIEWED BY: 1" Philip Mor e ��'•un y A• -' rator Date Page 4 of 4 JEFFERSON COUNTY STATE OF WASHINGTON IN THE MATTER OF FEE SCHEDULE } MODIFICATIONS FOR THE JEFFERSON COUNTY } ORDINANCE NO. DEPARTMENT OF COMMUNITY DEVELOPMENT } WHEREAS, this Ordinance sets a new fee schedule for the Jefferson County Department of Community Development("Community Development"); and WHEREAS, Community Development is primarily an enterprise fund providing services to the public for a fee, such as land use and building permits; and WHEREAS, Community Development annually reviews its hourly rate for staff review activities by analyzing its costs, including administration and overhead for fee related activities, and the billable hours of staff assigned to fee work; and WHEREAS, Community Development annually reviews its base hours for staff review activities by analyzing level of effort for reviews and services;and WHEREAS, Community Development updates their fee schedule providing for an increase to their hourly review rate,establishes base hours and fees for newly enacted reviews, deleting repealed reviews, and providing for flexibility in miscellaneous reviews or services; and WHEREAS, on February 11,2019,the Jefferson County Board of Commissioners("BoCC")held a public hearing soliciting input and feedback on the proposed fee schedule. NOW THEREFORE,BE IT HEREBY ORDAINED,by the Jefferson County Board of Commissioners as follows: Section 1.Findings.The BoCC hereby adopts the recitals(the WHEREAS statements)as its findings of fact in support of this Ordinance. Section 2. Appendix A. The BoCC adopts Appendix A establishing an updated fee schedule as Jefferson County Code Appendix,Fee Schedule,II. Department of Community Development—Building Division, Development Review and Long-Range Planning. Section 3. Repeal. This Ordinance repeals and replaces Ordinance No. 08-1123-15. Section 4. Severability. If any section, subsection, sentence,clause,phrase or section of this Ordinance or its application to any person or circumstance is held invalid,the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 5. Effective Date. The Ordinance becomes effective upon adoption by the BoCC. Page 1 of 2 Approved and adopted this day of 2019. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair David Sullivan, Member ATTEST Greg Brotherton,Member APPROVED AS TO FORM: Carolyn Gallaway Philip C. Hunsucker Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 2 of 2 Appendix A STATE of WASHINGTON COUNTY of JEFFERSON DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING AND PLANNING DIVISION a) Applies to new construction only, otherwise, number 7 applies b) The fee is determined by a schedule established in the International Residential Code, and is based on the value of the structure. c) Auditor's Office fee. d) The fee for residential square footage valuation is based on Building Valuation Data established by International Code Council, Building Safety Journal. Building Valuation Data is published in February and August of each year. e) Building Official will verify valuation per IBC Section 109.3 Building Permit Valuations. f) Base fee is the minimum amount charged per application. Additional time may be charged on an hourly basis. g) Hourly rate is increased by CPI each year. Main Floor b b Base Fee 65% 65% Plan Check Fee a,d,e a,d,e Valuation e e Additional Floors,Finished Basement b b Base Fee 65% 65% Plan Check Fee a,d,a a,d,a Valuation Unfinished basement b b Base Fee 65% 65% Plan Check Fee a,d,e a,d,e Valuation Carports,Garages,Pole Buildings,Decks b b Base Fee 65% 65% Plan Check Fee a,d,e a,d,e Valuation Semi-Heated Space b b Base Fee 65% 65% Plan Check Fee a,d,e a,d,e Valuation Modular Home foundations&foundations for relocated structures b b Base Fee 65% 65% Plan Check Fee $34.87/sq.ft. $34.13/sq.ft. Valuation d,a d,e COMMERCIAL structures,construction or improvements b b Cost or Fair Market Value,IRC Fee table 65% 65% Plan Check Fee e e Manufactured Homes/mobile homes(one or two sections) 644.00 658.00 7 Additional sections for manufactured home/mobile home 46.00 47.00 0.5 Increase by CPI New-propane tanks,lines, and associated appliances (In 276.00 282.00 3 existing structures) New or existing wood stove,inserts,pellet stoves,hot water 184.00 188.00 2 heater,heat pump,propane tank swap out (In existing structures) Inspection;re-inspection 92.00 94.00 1 Change of Use or Occupancy 552.00 564.00 6 Title Elimination 92.00 94.00 1 Base Renewal 276.00 282.00 3 6 mo renewal only by request Demo Permit 92.00 94.00 1 Base Fire Code Official Services 92.00 94.00Per hour or based on contract provider -fee Water System Review 276.00 282.00 3 3 hour minimum charge .'•':a� 9:. .: .:� 11. 1� ::.n hat Y:Y ;a . .�..�.is.g �'.b-..`;,',:W*r#s ., '� ¢^ `� 3s. , Application for 911 Number/Address 276.00 282.00 3 911/Address Replacement Plate 20.00 20.00_based on cost of plate&numbers Road Vacation Request 276.00 282.00 3 Road Naming 368.00 376.00 4 Additional new address requests during road naming process 115.00 1 Road Name Change 644.00 658.00 7 • Pre-application Conference 460.00 470.00 5 Not applied to permit Pre-application site visit. 184.00 188.00 2 DCD Staff Consult Meetings. 100.00 100.00 1 *Base,applied to permit if submitted w/in one year.$100 p/h inclusive of 5%tech fee,and prorated scanning fee.Base of $94 per hour. Administrative Appeal of Land Use Decisions 1,012.00 1,034.00 11 Base Hearing Examiner plus actual costs as incurred 149.00 149.00 Public Hearing Notice for expenses,facilities,etc. 10.00 10.00 Notice Board 1,250.00 Hearing Examiner Fee Revisions to Land Use Applications Requiring a second Public 276.00 282.00 3 Base Hearing Notice 149.00 149.00 Public Hearing Notice Site Visit 184.00 188.00 2 Base Code Interpretation 644.00 658.00 7 Base Notice Board 10.00 12.00_Each Hourly Rate 92.00 94.00 1 Per hour EIS Preparation or Review, Including Third Party Review. 276.00 282.00 3 Base&Actual Costs Incurred(Inc. Consultant Work) 3rd Party Review of Special Reports 276.00 282.00 3 Base&Actual Costs Incurred(Inc. Consultant Work) Waiver from Special Report 188.00 2 Base Resubmittal of Consistency Review 184.00 282.00 3 Base Miscellaneous Hourly Fee. 94.00 1 Base hourly fee for miscellaneous customer requests,research,permits or other customer work not expressly listed, and similar customer functions. Commercial Shooting Facility Ordinance Application-Operating 2,162.00 23 Base Permit Hearing Examiner fee 1,250.00_Base Pre-application for more than 10,000 sq/ft of impervious surface or 460.00 470.00 5 more than 5,000 sq/ft of non-single family development or for a GASP Allowed"Yes"Use Consistency 276.00 282.00 3 Base Road/Lot Segregation,Lot Certification 368.00 376.00 4 Base Road Setback Administrative Variance 368.00 376.00 4 Base Tree/Vegetation Removal 276.00 282.00 3 Base Stormwater Management Permit Stand Alone Only or in 460.00 470.00 5 Base conjunction with Class IV General Forest Practices Boundary Line Adjustment 828.00 846.00 9 Base Boundary Line Agreement 368.00 376.00 4 Base Shoreline Master Program Permit Exemption (Stand 644.00 658.00 7 Base alone or with Single Family Residence) Shoreline Master Program Permit Revision 184.00 188.00 2 Base Last Will&Testamentary Division 644.00 658.00 7 Base Home Business 276.00 282.00 3 Base Transient Rental,Vacation Rental,and Bed and Breakfast 276.00 282.00 3 Base Temporary Use 276.00 282.00 3 Base Sign Permit 276.00 282.00 3 Base Minor PRRD Amendment 276.00 282.00 3 Base (Planned Rural Residential Development) GASP(Critical Areas Stewardship Plan) 644.00 658.00 7 Base 460.00 470.00 5 Pre-app Additional fee for State Environmental Policy Act(SEPA)Review 920.00 940.00 10 Base (including SEPA base fee,Notice of Application,and Notice Board) 149.00 149.00 Notice of App 10.00 12.00 Notice Board as Discretionary"D"or Unnamed Use Classification 460.00 470.00 5 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Short Plat 2,484.00 2,538.00 27 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app 828.00 846.00 9 Base Plat Alteration(unless hearing is required,then Type III permit along with Hearing Examiner fee,plus hourly). 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Conditional(Administrative)"C(a)"Use 1,472.00 1,504.00 16 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Conditional(Discretionary)"C(d)"Use 1,472.00 1,504.00 16 Base *if goes to Hearing Examiner,then Hearing Examiner 149.00 149.00 Notice of App base fee applies,plus hourly. 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Cottage Industry 1,012.00 1,034.00 11 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Temporary Use 276.00 282.00 3 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Variance,Minor 1,012.00 1,034.00 11 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Shoreline Substantial Development 1,472.00 1,504.00 16 Base (Primary Use) 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Release of Six Year Moratorium under 644.00 658.00 7 Base Forest Practices Act(Partial) 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Conversion Option Harvest Plans 644.00 658.00 7 Base 149.00 149.00 Notice of App 10.00 12.00 Notice Board 390.00 425.00 5 Pre-app Additional fee for State Environmental Policy Act(SEPA)Review 920.00 940.00 10 Base Binding Site Plans 7,912.00 8,084.00 86 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Conditional"C"Use 2,116.00 2,162.00 23 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Long Plat,Preliminary(including Planned Rural Residential 7,912.00 8,084.00 86 Base Development) 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Plat Alteration(if hearing is required) 1,932.00 1,974.00 21 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Variance,Major 1,932.00 1,974.00 21 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Reasonable Economic Use Variance 1,932.00 1,974.00 21 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Shoreline Substantial Development(Secondary Use) 2,300.00 2,350.00 25 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Shoreline Conditional Use 2,300.00 2,350.00 25 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Shoreline Variance 1,932.00 1,974.00 21 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Release of Six Year Moratorium under 1,932.00 1,974.00 21 Base Forest Practices Act(Full) 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app 1,250.00 Hearing Examiner Fee Additional Fee for State Environmental Policy Act(SEPA)Review 920.00 940.00 10 Base Hearing Examiner fee 0.00 1,250.00_Base fee for Hearing Examiner FINAL PLAT APPROVAL Short Plat,Long Plat,Binding Site 276.00 282.00 3 Base Plans,Plat Alterations;Final(including Planned Rural Residential Development application) 460.00 470.00 5 Pre-app Special Use(Essential Public Facilities) 2,024.00 2,068.00 22 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 12.00 Notice Board 460.00 470.00 5 Pre-app Request for Jefferson County Comprehensive Plan/UDC 644.00 658.00 7 Base(If docketed,then hourly charge) Text Amendment(Suggested) 149.00 Notice of App 149.00 Notice of Public Hrg 12.00 Notice Board 390.00 425.00 5 Pre-app J.C.Comprehensive Plan/UDC Amendment(Site Specific) 4,416.00 4,512.00 48 Base -Includes Noticing&SEPA 149.00 Notice of App 149.00 Notice of Public Hrg 12.00 Notice Board 460.00 470.00 5 Pre-app Open Space/Open Space Current Tax Assessment 2,116.00 2,162.00 23 Base 149.00 149.00 Notice of App&Public Hrg Notice Transfer Forest Land(RCW 84.33)to Timber Land(RCW 84.34) Assessor Fee Processed by Assessor's Office Application �... „fit. xf Copy of Duplicating Fee-8 1/2"x 11"or 8 1/2"x 14" 0.15 0.15_Per page 11"x17" 0.30 0.30_Per Page Land Use Maps 20.00 20.00 _Each Publications At Cost At Cost _ Scanning 19.00 24.00-Base,or actual at hourly rate if over% hour. Increase by CPI. Refunds --_See Refund Policy Technology Fee 5%_On total permit costs Built Without Permits Penalty Fee 50%_On total permit costs