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Home My WebLink About02 0223 09 ce. '~~5 d!;JY!dl STATE of WASHINGTON COUNTY of JEFFERSON In the matter of a Fee Schedule Increase } For the Department of Community } Development } ORDINANCE NO. 02-0223-09 SECTION 1 - PURPOSE AND SCOPE: The purpose of this ordinance is to set a new fee schedule for the Jefferson County Department of Community Development. SECTION 2 - FEE SCHEDULE: The fee schedule is as follows. DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION, DEVELOPMENT REVIEW AND LONG RANGE PLANNING a) Applies to new construction only, otherwise, number 7 applies. b) The fee is determined by a schedule established in the Uniform Building Code, and is based on the value of the structure. c) The fee that is charted by the Auditor's Office for filing. d) Applies to commercial, industrial, multi-family construction and is calculated as a percentage of the base fee. e) The fee is based on Building Valuation Data established by ICBO, Building Standards, modified for Western U.S. Washington State which was replaced with Building Safety Journal Building Valuation Data published in February and August of each year. f) Building Official will verify valuation per IBC Section 108.3 Building Permit Valuations g) All New, Alteration & Addition Permits for a Residence (including ADU's) with a valuation at $150,000 or above will be calculated using the square footage fee for Good (Not Average). Avera e s uare foota e fee will continue to be used for valuation under $150,000. ~i>;::<:':'::' .......::>::,':-\'>':"':<>:_'~>":-:-::-_:_::" - ._,::; - .!!1\I!~~:!~~~Wi\~Tll~DHCl~~ .~~.l!i!' !i~~!J:lolil 1) Main Floor b b 65% 65% 5) Modular Home foundations & foundations for relocated structures a,e a,e Valuation t, 9 t, 9 b b Base Fee 65% 65% Plan Check Fee a,e a,e Valuation t, 9 t, 9 b b Base Fee 65% 65% Plan Check Fee a,e a,e Valuation t t b b Base Fee 65% 65% Plan Check Fee a, e, f a, e, f Valuation b b Base Fee 65% 65% Plan Check Fee a, e, f a, e, f Valuation b b Base Fee 65% 65% Plan Check Fee $26.00/sq. $26.00/sq. Valuation foot foot t t 2) Additional Floors, Finished Basement 3) Unfinished basement 4) Carports, Garages, Pole Buildings, Decks 4a) Semi-Heated Space Ordinance No. 02_0223_09 Re: New Fee Schedule for the Department of Community Development 16) Water System Review j..llIG!ftj.lill!"WA'I'JO:rIUm.&iillllllE......S....S......' ."i!lipj!~:rIeNS . .... .......... 17) Road Approach is} Application for 911 Number/Address 19) Application for 911 Replacement Number 20) Road Approach & Address Combined 21) Utility Installation 01 General Permit '.'CA S'(!iI"ilieil 1!!!IIt1y",l~jul!!i(~!!~). 22) Pre-application Conference 23) Administrative Appeal of Land Use Decisions Hearing Examiner plus actual costs as incurred for expenses, facilities, etc. Cost or Fair Market Value use Fee 65% 65% Plan Check Fee 1 1 $176.00 $213.00 37.00 37.00 165.00 213.00 110.00 142.00 55.00 71.00 55.00 71.00 330.00 426.00 C C 165.00 213.00 55.00 71.00 per Hour 38.00 38.00 In addition to Health Department Review Fee 165.00 213.00 3 hour minimum charge 164.00 213.00 Type I Permit 164.00 213.00 16.00 16.00 164.00 213.00 164.00 213.00 6) COMMERCIAL structures, construction or improvements 7) Manufactured Homes (one or two sections) 8) Additional manufactured home sections 9) Propane Tanks and associated appliances (In existing structures) 9a) New wood stove, inserts, pellet stoves (In existing structures) 9b) Existing wood stove, inserts, pellet stoves & propane tank swap out (same for same) 10) Inspection; re.inspection 11) Change of Use or Occupancy 12) Title Notice Removai 13) Renewal 14) Fire Marshall Services 15) Notification 01 Water Availability 275.00 355.00 Not applied to permit 605.00 781.00 Base 149.00 149.00 Notice 01 App 149.00 149.00 Public Hearing Notice 10.00 10.00 Notice Board 165.00 213.00 Base 149.00 149.00 Public Hearing Notice 110.00 142.00 Base 385.00 497.00 Base 10.00 10.00 Each 55.00 71.00 per Hour 165.00 213.00 Base & Actual Costs Incurred (Including Consultant Work) 165.00 213.00 Base & Actual Costs Incurred (Including Consultant Work) NO FEE 213.00 Base 24) Revisions to Land Use Applications Requiring a Second Public Hearing Notice 25) Site Visit (1st site visit included in base fee) 26) Code Interpretation 27) Notice Board 28) Hourly Rate 29) EIS Preparation or Review, Including Third Party Review. 30) 3rd Party Review 01 Special Reports 30a) Special Report Review (Wetland Delineation, Geo Tech, etc.) Page 2 Ordinance No. 02~0223~09 Re: New Fee Schedule for the Department of Community Development 3ib Road Setback Administrative Variance 32) Stormwater Management Permit Stand Alone Only or in conjunction with Class IV General Forest Practices 33 Bounds Line Ad.ustment 34) Minor Plan Modification (Preliminary approval only) 35 Site Plan A roval Advance Determination 36) Shoreline Master Program Permit Exemption (Stand alone or with Single Family Residence) 37 Shoreline Master Pro ram Permit Revision 38 last Will & Testamenta Division 39 Home Business 40) Temporary Use 41) Sign Permit 42) Minor PRRD Amendment (Planned Rural Residential Development) 42a) CASP (Critical Areas Stewardship Program) 43) Additional fee for State Environmental Policy Act (SEPA) Review (including SEPA base fee, Notice of Application, and Notice Board) NO FEE 275.00 275.00 220.00 275.00 385.00 110.00 385.00 165.00 165.00 165.00 165.00 NO FEE 550.00 149.00 10.00 284.00 355.00 639.00 284.00 497.00 497.00 142.00 497.00 213.00 213.00 213.00 213.00 497.00 710.00 149.00 10.00 Base Base Base Base Base Base Base Base Base Base Base Base Base Base Base Base Notice of App Notice Board 44) Discretionary -0" or Unnamed Use Classification 45) Short Plat 450) Plat Alteration 46) Conditional (Administrative) "C(a)" Use 47) Conditional (Discretionary) "C(d)" Use 46) Cottage Industry 49) Temporary Use 149.00 10.00 1,540.00 149.00 10.00 NO FEE 605.00 149.00 10.00 605.00 149.00 10.00 605.00 149.00 10.00 165.00 149.00 10.00 355.00 149.00 10.00 1,980.00 149.00 10.00 639.00 149.00 10.00 781.00 149.00 10.00 781.00 149.00 10.00 781.00 149.00 10.00 213.00 149.00 10.00 Page 3 Base Notice of App Notice Board Base Notice of App Notice Board Base Notice ot App Notice Board Base Notice of App Notice Board Base Notice of App Notice Board Base Notice of App Notice Board Base Notice of App Notice Board Ordinance No. 02-0223-09 Re: New Fee Schedule for the Department of Community Development 50) Variance, Minor 605.00 781.00 Base 149.00 149.00 Notice of App 10.00 10.00 Notice Board 51) Shoreline Substantial Development 880.00 1,136.00 Base (Primary Use) 149.00 149.00 Notice of App 10.00 10.00 Notice Board 52) Release of Six Year Moratorium under 385.00 497.00 Base Forest Practices Act (Partial) 149.00 149.00 Notice of App 10.00 10.00 Notice Board 53) Conversion Option Harvest Plans 385.00 497.00 Base 149.00 149.00 Notice of App 10.00 10.00 Notice Board 54) Binding Site Plans - TYPE III PERMIT 4,730.00 6,106.00 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 10.00 Notice Board 55) Additional fee for State Environmental Policy 550.00 710.00 Base Act (SEPA) Review Page 4 Ordinance No. 02-0223_09 Re: New Fee Schedule for the Department of Community Development k'n! '.k',p j~li~QIi L,pjjamii · . 61) Shoreline Conditional Use 62) Shoreline Variance 62a) Release of Moratorium 63) Additional Fee for State Environmental Policy Act (SEPA) Review 64) FINAL PLAT APPROVAL Short Plat, Long Plat, Binding Site Plans; Final (including Planned Rural Residential Development application) 65) Special Use (Essential Public Facilities) 66) Request for Jefferson County Comprehensive Plan/UDC Amendment (Suggested) 67) J.C. Comprehensive Plan/UDC Amendment (Site Specific) -Includes Noticing & SEPA j,'i!llllll'lEN!I',llliliE'1Ui:ll!!t!lillilSlillEN1I".' ,.AI?PLll'liAJIl.'i"jji,jjkj.L,,' 68) Open Space/Open Space & Open Space Timber Applications 69) Open Space Agricufture Applications 71) Copy or Duplicating Fee - 8 1/2" x 11" orB 'W x 14 11"x17" Color or Oversized Documents Cassette Tapes Compact Disc Land Use Maps Publications 1 ,375.00 149.00 149.00 10.00 1,155.00 149.00 149.00 10.00 NO FEE 1 ,775.00 Base 149.00 Notice of App 149.00 Notice of Public Hrg 10.00 Notice Board 1,491.00 Base 149.00 Notice of App 149.00 Notice of Public Hrg 10.00 Notice Board 1,491.00 Base 149.00 Notice of App 149.00 Notice of Public Hrg 10.00 Notice Board 710.00 Base 213.00 Base 550.00 165.00 1,206.00 1,562.00 Base 149.00 149.00 Notice of App 149.00 149.00 Notice of Public Hrg 10.00 10.00 Notice Board 385.00 497.00 Sase (If docketed, then hourly charge) 2,626.00 3,408.00 Sase (If PreApp is held, PreApp Fee will be deducted from CPA Application Fee.) 1,265.00 1,633.00 Base 149.00 149.00 Notice of App & Public Hrg Notice 10.00 10.00 Notice Board Assessor Fee Processed Assessor's Office Assessor Fee Processed b Assessor's Office $0.15 $0.15 per page 0.30 0.30 per page At Cost At Cost 5.00 5.00 1.10 1.10 20.00 20.00 At Cost At Cost Page 5 Ordinance No. 02~0223-09 Re: New Fee Schedule for the Department of Community Development SECTION 7 - REPEALER This Ordinance repeals and replaces the Permit Center-Building Division Section of Ordinance No. 12-1209-96, the Permit Center-Building Division Section of Ordinance No. 13-1213-99, Ordinance 10-1108-99, Ordinance 03-0312-02, Ordinance No. 02-0315-04 and Ordinance No. 13-1211-06. SECTION 8 - SEVERABILITY If any section, subsection, or sentence, clause, phrase, or figure of this Ordinance of its application to any person or circumstance is held invalid, the remainder of the ordinance of the application to other persons or circumstances shall not be affected. SECTION 9 - EFFECTIVE DATE This Ordinance shall become effective March 1, 2009. -- ~".;:( .~ T" Co \1':' ';....."\'5..-~~. ,ff, '. ./i...... .......... '-,i 'J-, \' "i<'~'. . . : _ ,,'" I"~ ',/... .... ," ~ '\ .f.... ~'I\. ~?'\"'.. .1i', ""i, ii"'{,. -k-:"''''- \ . R_ ...'-9.. .,' \' ",' ,n, vl:All.L- ,". >'" I, ; ~ I, 7 ,> ,:.1-1 :. /; ..... ,. ,''',-,-'i''-'' . . .'l. ,,' '-, -' -; a II' " .-'" . .. -.. ~:.. .. 't ..I, .....,.- \..:.-'~ ,,~ . . .' "I' J>.:t.; :) '1 ~' APPROVED AND ADOPTED this..1.L day of Febru~09. JEFFERSON COUNTY BOARD 05 OMMISSIONERS ;~~ Davi Sullivan, Chairman ATTEST ~~~CMC Deputy Clerk of the Board ,,' :7lJ/ I F4,;;1~h{.,t~~M~~~e~ D'~rlrx~ JOh&~s;i'n, ~:~ber JJ ' vedas, tOFor~m: ,\ \ I 211u)0 4 Clv "v'->'l Y David Alvarez, Deputy prosecutYng Attorney Page 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Philip Morley, County Administrator DATE: February 23, 2009 RE: Proposed Community Development Fee Ordinance STATEMENT OF ISSUE: An Ordinance amending the Department of Community Development fee schedule for development review activities was presented at a briefing and public hearing before the Board of County Commissioners on February 17,2009. Commissioners may take action by adopting the proposed ordinance as proposed or with amendments, or reject the ordinance. ANALYSIS: The proposed fees are intended to do full cost recovery of development review activity by the Building and Development Review Divisions, so that applicants pay for services rendered. The fee amendment is based on an updated hourly rate for staff time spent on review activities. This hourly rate was derived by dividing the costs (including administration and overhead) of the Building and Development Review Divisions by the billable hours of staff in these Divisions to recover those costs. FISCAL IMPACT: The adopted Community Development Budget for 2009 anticipates revenues based upon updated fees and an increased hourly rate. If fees are not updated to achieve full cost recovery, the current level of service to do permit review within the Building and Development Review Divisions would require a subsidy from the County's General Fund. RECOMMENDATION: Staff requests that the Board of County Commissioners adopt the recommended fee ordinance as proposed. REVIEWED BY: ~ ..' - ~ County A . stra - ~/'1~7 Date "\," i-'( i 'CO I /f JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST SUBJECT: Board of County Commissioners Philip Morley, County ~~ministrator AI Scalf, DCD Director _.<)- February 17, 2009 Public Hearing on proposed DCD fee schedule, deliberations and decision. TO: FROM: DATE: STATEMENT OF ISSUE: The current fee schedule generally outlines fees for both building fees and land use development fees. The building base fee and plan check fee are based upon the valuation of the structure proposed to be constructed. The valuation is based upon the table 1-a from the Uniform Building Code (UBC) establishing a value for this type of construction within this area of the United States. The land use fees as outlined in the existing fee ordinance are derived by multiplying the minimum time it takes to process a permit from acceptance of the application to a decision point multiplied by the hourly rate charged by the department. The overall goal of charging building and land use fees is to recover the cost associated with the review and decision making for the application in order that development pays for development and land use is not subsidized by public funds. The primary focus of this update to the fee schedule deals with the hourly rate being charged by the department be it for a building plan revision or the hourly rate for calculation of a stormwater permit. The hourly rate utilized in the year 2000 came from the previous building code (UBC) which has been replaced by the International Building Code (IBC). The IBC doesn't list a recommended hourly rate as the UBC previously included. The 2000 fee under the UBC was $48 per hour and this hourly rate has been updated each January 1 sl to reflect a fee index. The annual change has fallen short of actual costs over previous years in areas of wages, benefits, and overhead costs for rent, computers and vehicles. Applications for all land use activities reviewed by DCD, Public Works and Environmental Health are submitted at DCD. A case is set up for permit tracking in the data base and routed to the various departments. Some applications for minor projects such as propane tank installation and revisions are handled at the front counter by DCD staff County code is applied respectively to each type of permit as the standard for DCD review be it a Type I, II or III permit application. Type I permits are administrative permits without a public notice or hearing. Type II permits are administrative with a public notice. Type III permits require public notice and a public hearing with the subsequent decision of the Hearing Examiner. Permit data and status are available on the DCD web page. Permits are issued through the Tidemark software system and are managed and tracked for inspections and completion of the projects or public records requests. Some large scale project documents are laserfiched and made available through the county web site. The department has examined the fee schedule and proposes adjustments to the hourly rate as well as line item charges for various applications to actually reflect review time incurred. Generally, permits other than building permits are charged an hourly fee based upon the minimum time it takes DCD staff to process the application. Additional review time is billed after review is complete and prior to permit issuance. By the building code and consistent with the approved fee ordinance, the Building Official is authorized to review the value of a structure or associated development and must guarantee the true cost estimate of the project is being utilized for the purposes of calculating the accurate fee to be charged. The proposed new hourly fee includes department cost recovery for code review, permit preparation, decision making, customer service and administrative duties associated with intake, issuance and records management. HOW DOES THIS COMPARE TO OTHER JURISDICTIONS? The legal basis for fee recovery can be found in state statue at RCW 82.02.020 (3). Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43. 21 C RCW The state law requires that the fee be reasonable and the cost recovery be correlated to the processing, decision making and inspections of the building and land use permits accepted, reviewed for code compliance, issuance, inspections and final certification for occupancy or use. An example of the legal requirements governing permit applications can be noted in the court case between the Kitsap County Home Builders and the City of Bainbridge Island. The City had raised it fees in 1999 to seek an additional revenue source by adding a surcharge on building permit fees and plan checks and depositing this revenue into an account partially funding an affordable housing trust fund. The Home Builders sued first to Superior Court who upheld the City and then to the Court of Appeals who agreed with the Home Builders. Not only do Jefferson County departments calculate their hourly rates differently, but all jurisdictions appear to configure their hourly rates and fee ordinances differently throughout the region. Each jurisdiction has a different regulatory scheme. Obviously, a City review under urban standards or impact fees will differ widely as compared to rural counties dominated by resource lands and which allow residential construction on acreage as compared to urban lot sizes. For a general review of hourly rates and three types of land use permits the following table is included for comparisons throughout the Puget Sound region: Jurisdiction Fund Type Hourly Short Plat Conditional Shoreline Rate Use Substantial Develo ment Other $50.00 $2,360 $3,674 $1,923 Other 140.00 2,301 10,915 4,764 Other 55.00 1,699 764 1,683 Other 71.00 2,139 940 2,083 Other 65.00 Enter rise 84.00 Generat Fund 50.00 General Fund 50.00 General Fund 70.00 Roads 65.00 2 ENTERPRISE FUND, GENERAL FUND or OTHER FUND? DCD is not considered a general fund department. The annual budget refers to the department as an "other fund" which means it has revenues generated through fees, general fund transfer and revenue from grants. The department can be compared to an enterprise fund concept which operates like a business similar to the solid waste fund or it can be compared to "other fund" departments, but the overall dependency on revenues from fees is much greater for DCD than for other departments. The key component is the department must recover costs associated with review of development proposals without subsidy from the general fund while providing for services of interest to the applicant and the public at large. In 2003, DCD was moved out of the General Fund and set up as a separate fund. The model established was that the General Fund would pay 100% of the Long Range Planning Division and 50% of the departmental Administration while fees would pay for the Building Division, the Development Review Division and 50% of the departmental Administration. DIVISION 2009 EXPENSE Buildina $497,081 Develonment Review Division $546,707 Administratian $167,952 Lona Ranae Plannina $261,529 Pass Throuah IFHM & Statesman) $325,000 TOTAL -c- $1,798,269 The hourly rate wili fluctuate depending upon the contribution from the General Fund. The higher the General Fund contribution, the lower the hourly rate. In reverse, the lower the General Fund contribution, the higher the hourly rate. HOW WAS THE HOURLY FEE CALCULATED? There are a number of methods an hourly rate can be calculated. Each County department that charges an hourly fee uses a different methodology. OeD's proposed hourly rate is derived by dividing the costs (including administration and overhead) of the Building and Development Review Divisions by the billable hours available to recover these costs. In the year 2009, these costs are $1,043,616 with billable hours from DCD staff available for permit review totaling 14,768. With rounding, $1,043,616 + 14,768 hrs = $71.00/hr. It is important to note that other departmental costs that are offset by other revenues (such as the general fund contribution, pass through consultant reimbursements for specific projects, and grants) are not utilized in calculating the hourly rate. The billable hours are the annual gross hours of departmental staff minus the non billable hours available as a result of services such as planner of the day, and employee vacations, mandatory breaks and sick leave. The type of permits to recover costs for processing include: water review, shoreline, SEPA, consistency review, subdivisions, comprehensive plan amendments, building permit base, building plan check, road approaches, utilities, addressing, and fire code review. 3 WHAT PRINCIPLES GUIDE COST RECOVERY? Overall: 1. Applicants should pay for services rendered by the department including associated costs and overhead 2. Fees charged must correlate to the cost of providing the service from which the fees are derived. 3. Fees should include direct and indirect costs associated with the service delivery. 4. Applicants should pay for the additional time involved in processing permits if the base hours are exceeded. 5. Values established as the basis for calculating fees should be accurate and truly reflect the market cost for the proposal. 6. Fees should be regionally competitive and similar to other county departments 7. Fee should not be waived. 8. The fee should include travel time. 9. Fees should be based upon the minimum time for review and completion to a decision point. 10. Permits should expire after a reasonable period of time has lapsed. STRATEGIC GOALS: This proposed fee schedule to change the hourly rate and recover costs associated with development is supported by the strategic goals of Jefferson County. FISCAL IMPACT: The adopted DCD Budget for 2009 anticipates this increase. The 2009 Budget includes estimated revenues based upon an increased hourly rate. EFFECTIVE DATE: The proposed DCD fee increase if approved by the SoCC would become effective on March 1, 2009. 4 Agenda Request PROCESS: 1) Conduct a Public Hearing 2) Close the Public Hearing 3) Deliberate the public concerns as compared to the draft ordinance 4) Approve, deny or approve the fee ordinance with modifications RECOMMENDATION: DCD recommends the BoCC approve the ordinance as drafted with the new line item fees and the proposed $71.00 per hour fee. REVIEWED BY: / //,- ,---) " .)///." /// // I / ;-,,___,..-___ i/ Y l/ )/ /' ...-< /,-! ,- ,-- ,// " / (' /-,- I .._' /'__ ,~ / _,t.~ ,', L- ,~, l "'-'-, ,5-..... ' , , Philip Morley, County Administrator ( Date j