HomeMy WebLinkAbout3434Ordinance No. 3434
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repeals Ords. 2171, 2178, 2249, 2403, 2667 & 3098
(Sec. 11.03.730) Amends Ord. 3080 (per Roger Lubovich
on 1/12/99)
ORDINANCE NO. 3L/3q
AN ORDINANCE of the City Council of the City of
Kent, Washington repealing Ordinances 2171, 2178, 2249,
2403, 2667 and 3098 and amending Section 11.03.730 of the
Kent City Code pertaining to the fee schedule for planning
and land use applications filed with the City of Kent.
WHEREAS, Ordinance No. 2171 established certain fees for planning and
land use applications filed with the City of Kent; and
WHEREAS, this fee schedule has been amended by Ordinance Nos. 2178,
2249, 2403, 2667, and 3098; and
WHEREAS, the City has conducted a review of the current fee schedule
and has determined that the existing fees are no longer appropriate and that a new fee
schedule should be established by city council resolution; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance Nos. 2171, 2178, 2249, 2403, 2667, and 3098 are
hereby repealed in their entirety.
as follows:
SECTION Z. Section 11.03.730 of the Kent City Code is hereby amended
Planning Fee Schedule
Sec. 11.03.730. Fees. The city shall require the following fees for its activities in
accordance with the provisions of this chapter:
1. Threshold determination. For every environmental checklist the city will review
when it is lead agency, the city shall collect a fee as established by the City Council
from the proponent of the proposal prior to
undertaking the threshold determination. The time periods provided by this chapter
for making a threshold determination shall not begin to run until payment of the
fee, and receipt of the checklist by the planning department. When the city
completes the environmental checklist at the applicant's request, an additional fee
shall be collected. This fee shall be based on the actual preparation time and rate
of salary and benefits for staff time.
2. Environmental impact statement.
a. When the city is the lead agency for a proposal requiring an environmental
impact statement and the environmental impact statement is prepared by
employees of the city, the city may charge and collect a reasonable fee from
any applicant to cover costs incurred by the city in preparing the
environmental impact statement. Costs will be determined based upon the
costs of staff assigned to the preparation of the environmental impact
statement, including hourly salary and benefits. The responsible official
shall advise the applicants of the projected costs for the environmental
impact statement prior to actual preparation. The applicant shall post bond
or otherwise ensure payment of such costs.
b. The city reserves the right under WAC 197-11-420 to contract directly with
a consultant for the preparation of an environmental impact statement, or
a portion of an environmental impact statement, at the determination of the
city. Consultants shall be selected by the city after a call for proposals.
Consultant actions in preparing an environmental impact statement or
portions thereof shall be exclusively managed and administered by the city
to assure that the environmental impact statement is prepared in a
2 Planning Fee Schedule
professional manner and with appropriate interdisciplinary methodology.
The applicant shall post a minimum one- thousand -five -hundred -dollar
deposit with the city to ensure payment of consultant costs and the
preparation of an environmental impact statement. Further, the costs
incurred in the preparation of an environmental impact statement shall be
paid by the applicant to the city, who shall then make payment to the
consultant.
C. If a proposal is modified so that an environmental impact statement is no
longer required, the responsible official shall refund any fees collected
under subsection 2.a. or b. above which remain after incurred costs are
paid.
3. State environmental policy act appeals. For every appeal filed under section
11.03.520, the city shall collect a fee as established by the
City Council.
4. The city shall not collect a fee for performing its duties as a consulted agency.
5. The city may charge any person for copies of any document prepared under this
chapter, and for mailing the document, in a manner provided by IGW els- Ch.
42.17 RCW.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 4. Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval, and publication as provided by
law.
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MAYOR
ATTEST:
BRENDA JACOR, 'ITY CLERK
APPROVED AS TO FORM:
A. LUBOVICH, CITY A'
PASSED:day of il �Q ^^ �^P"� , 1998.
APPROVED: day of, 1998.
Ij--ca
711' >1998.
PUBLISHED: �day of
I hereby certify that this is a true copy of Ordinance No. 3434 , passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
P: \LAW HQbrwceU'ee xhedule.doc
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