008-07 - Ordinance - Process for Recovery of Costs for Land Use Permit Applications•' 0 • 1 1 : f
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING A PROCESS FOR THE RECOVERY OF COSTS
INCURRED TO THE CITY FOR EXPEDITED REVIEW AND
PROCESSING OF LAND USE PERMIT APPLICATIONS AND ADDING
A NEW TITLE 18 ENTITLED `PLANNING PERMIT PROCESSING"
AND A NEW CHAPTER18.30 ENTITLED "REIMBURSEMENT OF
COSTS FOR REVIEW AND PROCESSING OF LAND USE
APPLICATIONS"
WHEREAS, the City Council finds that the City is growing at a rapid pace and
the costs to the City of development review have increased with that growth; and
WHEREAS, the City Council finds that in order to provide better customer
service to its citizens, that applicants for land use proposals should be afforded, when
appropriate, an alternative method for reviewing their proposals in an expedited manner
through the use of outside consultants; and
WHEREAS, the City Council finds that the costs of expedited development
review by outside consultants should be borne by the proponents of the development proposals
and not by the taxpayers of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code is hereby amended by adding a new
Title 18 entitled `Planning Permit Processing."
SECTION 2. Port Orchard Municipal Code is hereby amended by adding a new
Chapter 18.30 entitled "Reimbursement of Costs for Review and Processing of Land Use
Applications" as follows:
Chapter 18.30
Reimbursement of Costs for Review and Processing .of
Land Use Applications
Sections:
18.30.010 Reimbursement of Costs Incurred by City for Expedited
Review and Processing of Land Use Applications - Purpose
18.30.020 Definitions
18.30.030 Reimbursement of Costs
18.30.040 Administrative Remedies/Appeals
Ordinance No. 008-07
Page 2 of 5
18.30.010 Reimbursement of Costs Incurred by City for Expedited
Review and Processing of Land Use Applications — Purpose.
This Chapter is intended to supplement the fee schedule of any and all other City
ordinances and resolutions in order to clarify the obligation of an applicant
seeking expedited review to pay, in addition to appropriate fees, actual City costs
incurred in processing and reviewing the Applicant's land use permit application
by professional consultants or law firms retained by the City. It is the express
purpose and intent of this Chapter that these costs should not be borne by the
taxpayers of the City but should be reimbursed to the City by the applicants of
the land use projects.
18.30.020 Definitions.
1. Director shall refer to the Director of the Department of Public
Works for engineering review and/or Director of the Planning
Department for all other aspects of land use permit review.
2. Expedited Review shall mean the review or processing of a land
use permit or land use permit application by outside consultants in
a manner which may result in a faster determination of the
approval, disapproval, or conditioning of the permit. The scope of
expedited review shall be determined by the City, and may or may
not involve review of the entire land use permit application by an
outside consultant.
3. Land Use Permit or Land Use Permit Application means any land
use or environmental permit or license required from the City
before real property may be improved, developed, modified, sold,
transferred, or used.
18.30.030 Reimbursement of Costs — Applicants for land use permits may
choose to seek expedited review of their land use applications as follows:
1. Expedited Review — Generally.
a. The City shall review an Applicant's request for expedited
review and determine if the request is appropriate for
review under this chapter. The decision to allow or to
deny expedited review of the land use application, or any
portion thereof, under this chapter, and the decision to
contract for outside engineering, legal, or other
professional services, shall be at the sole discretion of the
City.
b. The provisions of this Chapter shall not be construed to
guarantee that an application approved for expedited
review will be completed in specific period of time nor is it
a guarantee that it will be processed in a specific manner.
Ordinance No. 008-07
Page 3of5
C. Expedited review shall not be granted unless or until an
Applicant has complied with the terms of this Chapter and
signed an "Agreement for Expedited Review" in a format
approved by the City Attorney.
d. Applicant may not contract for expedited review directly
with any engineering, legal or other professional services.
2. Costs for engineering, legal or other professional services actually
incurred by the City which arise out of the processing of any land
use permit application under this chapter and all costs incurred by
the City for inspecting construction of public improvements made
by a developer as a condition of land use approval prior to final
approval, shall be reimbursed by the Applicant in addition to
appropriate fees as follows:
a. If the Director determines that the land use application is
appropriate for expedited review, the Director may seek
one or more estimates of the time it would take to review
the application and the costs that will be incurred from
engineering, legal or other professional firms as
appropriate. The final determination of estimated costs for
review shall be determined by the Director.
b. A deposit in the amount of the estimated costs for review
shall be collected at the time the application is approved
for expedited review. An application shall not be deemed
complete until all fees and deposits are paid.
b. In the event such expenses exceed the amount of the
deposit or if the City determines if it is likely that additional
expenses will be incurred in excess of the amount of the
deposit, Applicant shall replenish the deposit in the same
amount or in such amount as shall appear to be necessary
to secure ' payment of projected expenses for legal,
engineering and other professional and inspection services
as determined by the City. The City may discontinue
reviewing or processing the application until such time as
the additional required deposit is paid.
C. A non-refundable administrative fee shall be paid in an
amount of $100 or 2% of the deposit whichever is greater.
The fee shall be due upon payment of the deposit and
shall be calculated based upon the amount of the initial
deposit and upon the amount of each replenished deposit
thereafter.
d. In all cases where a deposit for costs is required, the
processing of the application or the approval of the
construction shall not commence or continue until the
deposit or any required replenishment thereof has been
made. Applicants who fail to pay all deposits and fees
within 30 days of notice shall be deemed to have
Ordinance No. 008-07
Page 4 of 5
withdrawn their application unless otherwise agreed by the
Director in writing.
e. All costs and expenses incurred through expedited review
and processing of land use applications under this chapter
shall be paid in full by a permit Applicant to the City prior
to the issuance of any permit.
f. Applicant shall be responsible for the payment of costs
under this chapter regardless of whether or not the
Applicant is successful in obtaining land use permit
approval.
3. If applicant fails to pay for costs actually accrued the City retains
the right to full recourse under the law to collect any unpaid fees
or costs including the cost of using a collection service.
4. In the event that the amount of the deposit for legal, engineering
or other professional or inspection services exceeds the actual
costs for such services, the excess amount shall be refunded to
the Applicant upon completion of review of the land use
application by the City.
5. Applicant may request an itemized summary of expenses incurred
by the City, provided, that Applicant shall not be entitled to review
documents or billing statements which contain privileged matters.
18.30.040 Administrative Remedies/.Appeals.
Director Review. Applicant may request review of a determination
of final costs by filing a written request for review of the costs
with the Director within fourteen calendar days after of a final
statement of costs has been mailed by the City. Failure to timely
request review by the Director shall be deemed a waiver of the
right to administrative review.
2. Appeal of Director Review. A final decision by the Director may be
appealed to the City Council only if, within fourteen calendar days
after written notice of the decision is mailed, a written appeal of
the decision is filed with the City Clerk. Any final decision shall set
forth the.applicant's appeal rights,
3. Review. Review of the final costs shall be limited to a
determination of whether the costs were actually incurred under
the provisions of this Chapter.
SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for .any reason, such decision shall not affect
the validity of the remaining parts of this ordinance.
Ordinance No. 008-07
Page 5 of 5
SECTION 4. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14t" day of May 2007.
ATTEST:
Michelle Merlino, City Clerk
r
�". "Aftty
KIM E. ABEL, MAYOR
n Clauson, Councilman
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held May 14, 2007.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A PROCESS FOR THE RECOVERY OF COSTS INCURRED TO THE
CITY FOR EXPEDITED REVIEW AND PROCESSING OF LAND USE PERMIT
APPLICATIONS AND ADDING A NEW TITLE 18 ENTITLED "PLANNING PERMIT
PROCESSING" AND A NEW CHAPTER 18.30 ENTITLED "REIMBURSEMENT OF
COSTS FOR REVIEW AND PROCESSING OF LAND USE APPLICATIONS"
Copies of Ordinance No. 008-07 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 008-07 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
City Clerk
Publish: Port Orchard Independent
May 23, 2007