HomeMy WebLinkAbout4019ORDINANCE NO. 1o 11
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to fees,
specifically including fees for hearings and appeals
before the hearing examiner, business license fees,
various public infrastructure plan review and
inspection fees, planning and land use and
development application, permit and inspection
fees, and inspection and permit fees required under
the provisions of the International Building,
Residential, Mechanical, and Fire Codes and the
Uniform Plumbing code by making the following
code revisions: adding a new section to Chapter
1.01 generally authorizing fees by resolution;
adding a new section 2.32.155 relating to public
hearings and appeals before the hearing examiner;
adding a new chapter to Title 3 of the Kent City
Code entitled, "Technology Infrastructure" and
adding a new section relating to technology fees;
amending Section 5.01.090 relating to business
licenses; amending Sections 6.06.040 and -050
relating to plan review and inspection fees for
public infrastructure improvements; amending
Section 6.07.040 and-.170 relating to street use
permits; amending Section 7.02.105 and
7.03.160-.170 relating to water system cross-
connection control, installation and connection
permits; amending Sections 7.04.080 and
7.04.100-.110 relating to sanitary sewer permits
and inspections; adding a new section 11.06.045
relating to critical areas and environmental review;
and adding a new section 12.01.055 relating to
land use and planning applications and permits;
and further adding other related minor revisions
and clarifications to the city code.
1 Ordinance
Amending Code Fees
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RECITALS
A. The Kent City Council has established fees by both resolution
and ordinance. Resolutions allow for adjusting fees without requiring
council to amend the text of the Kent City Code. Currently, there are
multiple provisions contained in the Kent City Code referencing fees. Any
adjustments to those fees require amendments to the text of the Kent City
Code by ordinance.
B. Many of these fees in the city code have not been reviewed or
updated since 2006.
C. Adjustments to the current fees contained in the Kent City
Code would be served best by amending the code to reference fee
schedules contained in a resolution, thereby allowing for adjustments
without amending the text of the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORPINANCE
SECTION 1. -New Section. The following new. section 1.01.105 is
added to chapter 1.01:
Sec. 1.01.105. Fee Resolutions. Any fees, rates or charges
established by city council resolution shall be deemed lawfully established
by authority of the city council regardless of whether the fee, rate or
charge is established by a separate ordinance.
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Amending Code Fees
SECTION 2. -New Section. The following new section 2.32.155 is
added to chapter 2.32:
Sec. 2.32.155. Hearing Examiner Code -Fees. The city
council, shall, by resolution, establish the fees to be charged to conduct
open or closed record public hearings as well as all appeals. In the event
of any conflict or ambiguity regarding any fees established by council
resolution, the planning director is authorized to interpret the fee
schedule(s) to resolve that conflict or ambiguity.
SECTION 3. -New Chapter. The following new chapter 3.11 is
added to Title 3 of the Kent City Code:
Chapter 3.11. TECHNOLOGY INFRASTRUCTURE
Sec. 3.11.010. Technology Fee Established. In order to
accommodate the high cost and need to continually replace
telecommunications, data, network, hardware and software systems
caused by a continuous and rapidly changing technology environment, the
technology fees shall be applied to the following transactions:
A. Utility Billing. A fee of one dollar ($1.00) per bill for every utility bill
issued, whether the bill includes any combination of water, sewer, or storm
drainage charges.
B. Parks and Recreation Fees. A fee of one dollar ($1.00) per
transaction for each registration for any parks and recreation program.
For the purposes of this subsection, "transaction" shall mean the process
of collecting and receipting fees and charges in the form of cash, check, or
credit card payment for programs, services, or miscellaneous resale items
3 Ordinance
Amending Code Fees
offered by the parks and recreation department. The fee shall not apply to
the following:
1. The fee shall not apply to any transactions or registrations at
the Riverbend Golf Course;
2. The fee shall not apply to registrations or transactions with a
total cost less than ten and 00/100 dollars ($10.00) ~
3. The fee shall not apply to drop-in transactions (such as, for
example and without limitation, lunch at the Senior Center or one-time
payment for use of the weight room at Kent Commons).
c. For all other applications, permits, inspections, registrations,
transactions and approvals established under the Kent City Code, the fee
shall be established by council resolution.
SECTION 4. -Amendment. Section 5.01.090 of the Kent City Code
is amended as follows:
Sec. 5.01.090. Application procedure, license fee.
A. The director is authorized to prepare a sch-edule--of--fees-for---tfte
issuance of a license and, when approved by the city councll, that schedule
shall govern the amount of the license feeThe city councll shall. by
resolution, establish the fees to be assessed to implement and operate the
codesregulatiQ!J.S---9.d_QQt~_q _ _j_o_J;b_i_~_chapter. In the event of any conflict or
ambiguity regarding any fees established by council resolution. the finance
_QJ_re._c_tQLJS authorized to interpret the fee schedule(s) to resolve that
conflict or ambiguity.
4 Ordinance
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:'1
B. All businesses operated not for profit shall be required to be licensed
but shall be exempt from paying a business license fee upon satisfactory
proof to the director of their not-for-profit status.
C. The licensee shall make application for any business license required
under this chapter to the director on a form prepared by the department,
which application shall be accompanied by a receipt from the department
showing payment of the required fee. A new business license shall be
required annually. If the application for a new license is made within six
(6) months of the date fixed for expiration, the fee shall be one-half the
annual fee; provided, there shall be no reduction in the fee for a license
renewal ....
SECTION as. -Amendment. Section 6.03.010 of the Kent City
Code is amended as follows:
Sec. 6.03.010. Fees designated.
A. The city's public works department is responsible for the planning,
design, construction, maintenance, and operation of a complex network of
rights-of-way and public easements, including the placement of private
utility facilities such as gas, electrical, telephone, fiber optic, and other
lines and conduits. As a result of Kent City Code 2.30.010 1 the public
works and economic and community development department.s_ +sare
responsible for #IB-plan review, plan approval, inspection, and acceptance
of all construction within any public easement or right-of-way and all public
works improvements, such as streets, sidewalks, and walkways, street
lighting systems, storm drainage systems (public and private), and public
and private utilities. Accordingly. the city incurs substantial costs in both
time and materials to provide these services, and it is necessary and
appropriate to charge fees for those services. =FAs a result, the city council
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Amending Code Fees
;.·, '• ';· :
shall. by resolution. establish the fees to be assessed to implement and
operate the codes adopted by this chapter. The resolution may require
that certain fees be pre-paid and/or designated to be non-refundable
because staff time. and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In
the event of any conflict or ambiguity regarding any fees established by
council resolution, the public works director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
The public 'Norks department employs hventy three (23) full tiffte
equivalent employees to accomplish plan revi-ew, plan consultation, plan
· inspection, and onsite inspection of these third party public 'Narks
tm-provemcnts. Accordingly, each dmrcloper/applicant must pay a plan
review and inspection fee in the amount of eight (8) percent of the
estimated constructioA cost of the proposed public 'Narks improvements.
This fee will typically cover approximately one half (1/2) the total cost for
this city staff time to review and inspect each individual application.
B. In lieu of paying this eight (8) percent fee, the devclopcr/appH-eaffi:
will have a one (1) time only option to pay the city's actual costs for these
services based on the current average hourly rate of eighty fiv'c dollars
($85) per hour. This option can only be exercised at the time the fee is
first imposed. If this option is selected, the developer/applicant must pay
for all time incurred by city staff for plan rcvie'N, plan consultation, plan
inspection, and onsite inspection of the public i'v'orks improvements to be
constructed at the hourly rate established above, even if the final total
amount exceeds -tl=te eight (8) percent fee.
GB. In consideration of the mutual benefits received when another
agency of the statfl (including, without limitation, counties, other cities, or
special purpose districts) seeks to construct public improvements not
intended for conveyance to the city but that will provide a regional benefit,
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..
the public v;;Ofks departmentcity will limit this fee to that portion of the
work which affects the city's interests, concerns, and improvements within
and abutting the city's rights-of-way.
D,C. In all cases, the minimum fee shall be no less than five hundred
dollars ($500). The developer/applicant will be required to submit separate
east estimates for each public ·.vorks improvement item. These will be
checked by the public \>Vorks department for accuracy. A nonrefundable
revimv fee as established by resolutiondeposit of fifty (50) percent of the
total fee is due and payable prior to starting the revievv with an inspection
fee, as established by resolution. balance due and payable prior to the
approval of the construction plans.
E. V1o'here the developer/applicant has opted to pay the city's actual
costs based on the above stated hourly rate, a nonrefundable deposit of
fifty (50) percent of the estimated total cost as prepared by the public
we-rks department is due and payable before beginning reviev;;; the balance
ef this estimate is due and payable before the city approves construction
plans. If the actual costs incurred arc less than the monies deposited, t-lle
eity shall reimburse the· difference upon the developer/applicant's
completion of the construction of the approved public works
improvements. Any incidental interest earned on monies deposited with
the city shall become the city's sole property. If the city's actual cost
exceeds the amouAt deposited by the developer/applicant, the city shall
bill the developer/applicant for the amount due, and the
developer/applicant shall pay that amount within thirty (30) days of the
date billed. Any amounts un-paid after the thirty (30) day due date shall be
charged interest at-a rate of t·Nelve (12) percent per annum, and the city
may use any rights or remedies available under the law to collect or seek
reimbursement of the amounts due. In any event, t-t-ie developer/applicant
must pay .. all am.ouf'.ltS due b.eforc staff ·1,rUI . pres.ent. the. .. -public works
• : • t --' ' •• -• ; ' • ' ••• • • • • '. • • -• • ~ •• ~ • • • -
improvements to the city council for acceptance or before issuing a
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certificate of occupancy for a development associated v;ith these public
Fee. Two (2) re-reviews of the construction plans are included with afl:re
plan review fee.;vhen the developer/applicant pays the eight (8) percent
fee described above, but _a8dditional re-reviews, whether attributed to the
developer's action or inaction, shall be charged at a rate of eighty five
dollars ($85) per houran hourly rate established by resolution. A certain
number of inspection hours remay be designated for each inspection fee.
+ncluded ·.vith the inspection fee described above. iand insP-ection time
over and above the prcscribeddesignated number of hours, whether
attributed to the developer's action or inaction. shall be charged at an
hourly rate established by resolution.
SECTION 6. -Amendment. Sections 6.06.040-.060 of the Kent
City Code are amended as follows:
Sec. 6.06.040. Permit requirements.
A. Prior to issuance of any right-of-way permit for cutting any portion
of city right-of-way, whether improved or not, the location first shall be
inspected and approved by a department of public wor-kscity official.
B. The issuance or granting of a permit or approval of plans and
specifications shall not be construed to be a permit for or approval of any
violation of the provisions of this chapter or any other ordinance or
appropriate rule or regulation of the city.
! C. Every permit issued by the eepartment of public werkscity under the
provisions of this chapter shall expire ninety (90) days after issuance of
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Amending Code Fees
the permit unless work has commenced or unless the permit has been
extended.
D. -The director of public works, or designate, may in writing suspend
or revoke a permlt issued under the provisions of this chapter whenever
the permit was issued in error or on the basis of incorrect information
supplied or in violation of any other ordinance or regulation of the city.
Sec. 6.06.050. Permit and inspection fees and permit
renewal.
A. The city council shall. by resolution, establish the fees to be
assessed to Implement and operate the regulationscodes adopted in this
chapt~The basic fee for a permit to cut a street, curb, sidewalk, or any
portion of city right of 1Nay, v.;hether or not improved, shall be three
hundred dollars ($300), and beginning January 1, 2007, this basic fee shall
increase to four hundred fifty dollars ($450). This basicTBy way of
example, and without limitation, these fee§. shall apply to street cuts, curb
cuts, sidewalk cuts, or any portion of city right-of-way, whether or not
improved, and all utility work within the public right-of-way that involves
cutting the public right-of-way. Utility work shall include, but not be
limited to, work performed in association with gas, telephone, electric
power, cable TV, water, stormwater, and sewer, and underground
facilities._ The resolution may require that certain fees be pre-paid and/or
. designated to be non-refundable because staff time and materials will be
expended whether or not the permit applied for is approved by the city or
pulled by the applicant. In the event of any conflict or ambiguity regarding
any fees established by council resolution, the publlc works director is
authorized to interpret the fee schedule(s) to resolve that conflict or
ambiguity.
9 Ordinance
Amending Code Fees
8, Review and inspection fees may be limited to a set number of hours
of staff time work. Any staff time incurred exceeding those hours of work
may be subject to As:i.n additional hourly time charge 'Nill be made where
total revimv and inspection time exceeds six (6) hours. StteRThis extra
charge will be invoiced to the applicant separately at the hourly rate as
established by resolution.of fifty dollars ($50) per hour, vvhich is less than
the average actual hourly cost for city staff employed to process these
permits. Beginning January 1, 2007, this extra charge shall increase to a
rate of seventy five dollars ($75) per hour.
C. Wherever When work for which a permit +swould be required by this
chapter is commenced or performed prior towithout first obtaining
stte-ftthat permit, the basic permit fee shall be doubled, but the payment
for sttffithat double fee shall not relieve a-Aythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work, nor from any other penalties which may be provided for by local.
state or federal lawin this chapter, including criminal penalties.
Sec. 6.06.060. Specifications and special requirements.
A. Specifications. All curb and street cuts shall be repaired to conform
to the requirements of the latest version of the City of Kent Design and
Construction Standards. as adopted by Kent City Code 6.02.010Standard
Specifications for Road, Bridge and Municipal Construction, latest edition,
prepared by the Washington State Department of Transportation and the
American Public Works Association, Copies of stte19-this publication e-rand
any additions or amendments thereto arc on file with the city clerk and
available to the general public.
B. Permittee's performance responsibility. In addition to all other
requirements specified by this chapter or the latest version of the City of
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Amending Code Fees
Kent Design and Construction StandardsStandard Specifications for Road,
Bridge and Municipal Construction, adopted in subsection (A) of this
section 1 the permittee shall be responsible for restoration of the street1 or
curb, and all disturbed public right-of-way area to its original or better
condition ... including any required overlays as approved by the director of
public works. The permittee shall finish patcl"tcomplete the street or curb
cut in accordance with the permit requirements immediately upon
completion of the project. The permittee shall be responsible for defects
or failure of the street or curb cut area for a period of &Aetwo (-12.) year.$
following finalfi.R-i.sft inspection.
C. Curb cut locations. The location of each curb cut must be approved
by the cityclepartmcnt of public 'lffl-fks. The city reserves the right to deny
any request to cut any curb.
D. Special conditions. At the discretion of the director of public works or
designate, one (1) or more of the following requirements may be specified
when conditions require their use. Wherever such special conditions are
required, they shall be set forth on the permit at the time of issuance or as
an amendment to the permit in those instances where conditions requiring
their use become known after the permit has been issued:
1. Curb cuts within the right-of-way shall be made only in areas
and by methods approved by the public works director, or his or her
designee. All improved or unimproved areas within the right-of-way shall
be restored to an equal or better condition;
2. Excavated material shall be completely removed from the
street surface;
11 Ordinance
Amending Code Fees
3. Signs, cones, barricades, and all other traffic control devices
to protect and control pedestrian and vehicular traffic in the construction
area shall be used as prescribed by the traffic engineer, and in accordance
with the Manual on Uniform Traffic Control Devices for Streets and
Highways as amended, and shall be at the expense of the permittee;
4. One (1) or more traffic lanes shall be kept open at all times.
Moving traffic shall be properly controlled by uniformed flagmen, if
specified. Hours of operation during construction and restoration shall be
I I as specified on the permit;
I
5. Ingress and egress for vehicles and personnel to abutting
property shall be maintained at all times;
6. Backfill and replacement of pavement or oiling of surface shall
be done to the satisfaction of the public works director. Unless otherwise
specified by the citypublic vvorks director, backfill material shall conform to
the latest version of the City of Kent Design and Construction
StandardsStandard Specifications for Road, Bridge and Municipal
Construction, adopted in subsection (A) of this section;
7. The permittee must fileFiling of a surety indemnity bond
approved by the citydepartmcnt of public vvorks to protect the city to cover
completion of the permit work during construction and throughout the two
(2) year warranty period, and the Permittee must provide approved public
liability insurance naming the city as an additional insured in the amount
specified on the face of the permit;
8. A casfl-deposit in the amount as specified on tFte face of the
permit not to exceed one thousand dollars ($1,000) to be made to the
ffiYT
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Amending Code Fees
9§. Open cuts within the paved area will not be permitted;
-1-82.. The construction inspector shall require that a temporary
patch be made for thirty (30) days, and thereafter, a permanent patch will
be placed by the permittee within five (5) days.
SECTION 7. -Amendment. Sections 6.07.040 and 6.07.170 of the
Kent City Code are amended as follows:
Sec. 6.07 .040. Construction and property development.
A. Generally. No person shall be issued a project, building, grading, or
fill permit without first obtaining a separate street use permit from the city
department:-of-19tt6-l-i-e-wefk: except as fol lows:
1. An application is made for a permit to make an addition,
alteration, or repairs to a single-family residence; or
2--,-------------An application is made for a perrntt to make an alteratioA-,-
repair, or minor addition (less than twenty thousand dollars ($20,000) in
value) to any structure other than a-sin§le family residence;
3-2_. The director determines, in his or her discretion, that the
issuance of a separate street use permit for each project1 building,
grading, or fill permit is not necessary to regulate the use on the public
place.
B. Moving of structures. Prior to application and issuance of a street
use permit for any building or structure to be moved across, along, or
upon any public place within the city and sited within the city, the
13 Ordinance
Amending Code Fees
applicant shall first obtain a building permit for the siting of such building
or structure.
se·c. 6.0?:1to. Permit and inspection fees.
A. The city council shall. by resolution. establish the fees to be
assessed to implement and operate the regulationscodes adopted in this
chapter. This resolution may require that certain fees be pre-paid and/or
non-refundable because staff time and materials will be expended whether
or not the permit applied for is approved by the city or pulled by the
applicant. In the event of any conflict or ambiguity regarding any fees
established by council resolution, the public works director is authorized to
interpret the fee schedule(s) to resolve that conflict or ambiguity. =Ffte
basic fee for a street use permit shall be as follows:
I 1. l<CC 6.07.040. Construction and property development, including
utility work not requiring cuts: hvo hundred dollars ($200).
2. l<CC 6.07.060. Street vendors: one hundred dollars ($100) per
year; beginning January 1, 2007, two hundred dollars ($200) per year.
Permits arc issued annually.
3. l<CC 6.07.070. Sidewalk cafes: one hundred dollars ($100) per year;
beginning January 1, 2007, two hundred dollars ($200) per year. Permits
are issued annually.
4.-~C 6.07,.090. Street closures: fifty dollars ($50); beginning
January 1, 2007, two hundred dollars ($200).
5. l<CC 6.07.100. Master use permit: one hundred dollars ($100);
aeginning January 1, 2007, two hundred dollars ($200).
14 Ordinance
Amending Code Fees
B. Where total inspection time exceeds two (2) hours, an extra charge
shall be invoiced to the applicant at an hourly rate te-beas established_b_y_
council resolution annually by the director. Beginning Januaf'f 1, 2007, this
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-
..•.
extra charge shall ihcrease fo. an hourly rate 'of se'v'ent'r· fi·tc dollars ($7S)
per f1our.
C. WhercvcrWhen work for which a permit fswould be reguired by this
chapter is commenced or performed prior towithout first obtaining
5tfeftthat permit. the basic permit fee shall be doubled, but the payment
for such doubledthat fee shall not relieve aeythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work. nor from any other penalties which may be provided for by local,
state or federal lawin this cf1apter. including criminal penalties.
SECTION 8. -Amendment. Sections 7.02.1.05, 7.02.160 and
7.02.170 of the Kent City Code are amended as follows:
Sec. 7.02.105. Cross-connection -Annual inspection of
system with backflow prevention device. The city's cross-connection
control program provides that any cross-connection utilizing a backflow
I prevention device is to be inspected by the city annually. The purpose for
this inspection requi.rement is to protect the city's public water supply from
possible contamination. The annual administrative and inspection fee
assessed, per backflow prevention device, is eighty dollars ($80)shall be as
established by council resolution. _This fee +swill be based on the actual
cost incurred by the ·oity to co.nduct those inspection~. i.n order to .protect
tf1e cit'y''s public ·;.;ater supply from possible contamination. _The inspection
fee shall be collected at the time of the annual testing of satclthe backflow
prevention device(s) as described in the city's cross-connection program
document on file either in the city clerk's office or w+t-h-the public works
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Ordinance
Amending Code Fees
department. In the event of any conflict or ambiguity regarding any fees
authorized under this Chapter and established by council resolution, the
public works director is authorized to interpret the fee schedule(s) to
resolve that conflict or ambiguity.
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,1 I '
Sec. 7.02.160. Installation and connection charges inside
city limits. permits and inspection fees.
A. Tap charge -Connection by water utility._ Any property owner
within the city limits applying for water service shall pay in full a tap
charge-: and a .Ppermit review and inspection fee, plus a system
development charge prior to issuance of the water service permit. _The tap
charge will include the cost of connection and laying the pipe from the city
water main to the property line of the property to which service is desired,
or at a distance of sixty (60) feet from the main toward such property line,
whichever is shorter. _The minimum tap charge so established for service
installed by the water utility is as follows:
1. Two hundred seventy-five dollars ($275) for each five-eighth
(5/8) inch by three-quarter (3/4) inch connection.
2. Three hundred twenty-five dollars ($325) for each three-
quarter (3/4) inch connection.
3. Three hundred fifty dollars ($350) for each one (1) inch
connection.
4. Six hundred dollars ($600) for each one and one-half (1-1/2)
inch connection.
5. Eight hundred dollars ($800) for each two (2) inch connection
16 Ordinance
Amending Code Fees
On any connection over two (2) inches, the minimum tap charge
shall be the actual cost of the meter and installation, plus twenty-five (25)
percent.
B. Tap charge -Connection by licensed contractor. If the workload of
the water utility as determined by the director of public works is such that
the installation of the water connection would interfere with the proper
operation and maintenance of the water system, the director of public
works may require that the property owner employ a licensed contractor to
make the connection and install the necessary line and materials except
the water meter. All such water services shall meet or exceed the
standards and specifications approved by the director of public works. The
minimum tap charge is as follows:
· · f. One hundred dollars ($100) for each five-eighth (5/8) inch by
three-quarter (3/4) inch connection.
2. One hundred twenty-five dollars ($125) for each three-
quarter (3/4) inch connection.
3. One hundred seventy-five dollars ($175) for each one (1) inch
connection.
4. Three hundred sixty dollars ($360) for each one and one-half
(1-1/2) inch connection.
_: "(: . -·.·'·
5. Five hundred dollars ($500) for each two (2) inch connection
All such contractor-installed connections shall be guaranteed by the
contractor for a period of one (1) year.
17 Ordinance
Amending Code Fees
C. System development charge. The system development charge is as
ii follows:
'
Charge Charge
Meter Effective
Size Through Effective
April 1,
(inches) March 31, 2009
2009
· .. ·. ' . ' ~ .
L.ess than $2,600 $5,949
1
1 $4,627 $14,872
1-1/2 $10,400 $29,743
2 $18,486 $47,589
3 $41,594 $95,179
4 $73,933 $148,717
5 $115,528 $222,932
6 $166,376 $297,434
8 $295,786 $475,894
10 $462,162 $654,354
Aft:ef.:P.r.)H1:t;2009, _this:$yst:efl1,deVelopment chargeTwii1··iherease annually,
6n fhe :·first:' .. 'ciay hf.. each.\ calendafi_:yeari·· -'by an amBUnt--'-·eqUa1·:-to .•• the
pen::ehfa'9e }ihcrease' :in -the oC:onsfruCHoh \Price'_.· Index 'fof-Seattle2Tacc:lma-
Breme'rt:dn 'fcir'·the.·-twelve -(f2.) month sf bct6ber·· 3 isf··thrhug h-·:sepfember
30th, ofthepreViOGs.calendar year.
However, if (1) the city's fire marshal has required that, in conjunction
with the city's issuance of a single-family residential building permit, the
·, ',·' .···_, ........ ,. _;_·· ... " ·' -
'
,, .. , ·-. "·";_ :-:-,,,. :--:·i_:"·: ...... , .•·. ' .. '•",
applicant must install a fire sprinkler system, and (2) the need for a meter
size greater than three-quarters (3/4) of an inch is based solely on the fire
marshal's requirement that the sprinkler system be installed, the single-
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Ordinance
Amending Code Fees
family residential permit applicant shall pay only the system development
charge listed above for a meter less than one (1) inch in diameter. It is not
the city's intent to require an applicant to pay a higher system
development charge when the larger meter size is needed only in the
unusual event of a fire demand rather than for normal daily user demand.
D. Permit and Inspection Fee. The city council shall, by resolution.
establish the permit, insgection and other related fees to be assessed to
implement and operate the regulationscodes adopted in this chapter. In
the event of any conflict or ambiguity regarding any fees established by
council resolution, the public works director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
BE. Installation of undersized meter. _If an undersized meter is installed,
a deduction will be allowed from the above charges, including system
development charg·es, which will reflect the difference in cost between the
undersized meter and the regular size meter._ All service material
(including water meter) will remain the property of the city.
Ef. Tap change. _If the tap is changed to one of a larger size, the cost
and expense of such charge must be paid before the larger size tap is
installed.
fG. Paving replacement -Charge. _If it becomes necessary during the
installation of such connection on a time and material basis to break and
replace l;:!ither .· qin~r,et~ or blacktop .. paving., th~ll iri . each instance an
additional charge shall be made to cover the cost of such repair.
19 Ordinance
Amending Code Fees
GH. Fee deferral. _Until December 31, 2013, at the time of issuance of
any single-family residential building permit for a dwelllng unit that is
being constructed for initial sale, the owner of the subject real property
may defer payment of the water system development charge in subsection
(A) of this section, executing a first position lien in favor of the city in the
amount of the water system development charge. The,,city shall record,_ttie
~ ' ' ' ~ . . , .
lien against the real property and the lien amount shall be paid by the
seller to the city at the time of closing of the sale of the real property and
single-family residence. An owner who chooses to defer the water system
development charge must combine the lien with a lien deferring the
transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW,
and drainage system development charge in KCC 7.05.165.
Sec. 7.02.170. Installation and connection charges outside
city. Any property owner outside the city limits applying for water service
shall pay in full the tap charge, and a permit review and inspection fee,
plus a system development charge prior to the issuance of a water service
permit. The minimum charge established shall be the cost as established
for inside the city limits plus filty (50) percent, except the system
development charge. The system development charge shall be the same as
for inside city limits.
SECTION 9. -Amendment. Sections 7 .04.080, 7 .04.100, and
7.04.110 of the Kent City Code are amended as follows:
Sec. 7.04.080. Permit to owner, agent, or occupant to
construct, extend, or repair sewer on private property.
A. It shall be unlawful. for any person· to construct, extend, relay,
repair, or make connections to private or lateral sewer on private property
20 Ordinance
Amending Code Fees
without obtaining a permit therefor as provided in this section and filing a
scale drawing showing the location thereof.
B. The department of public 'vvorkscity may issue a permit to the owner
of any property to construct, extend, relay, repair, or· make connections to
a lateral or private sewer inside of the owner's property !ine and outside of
the owner's property line lying within the city's right-of-way. Such owner
shall comply with the applicable provisions of this chapter. The permit shall
not become effective until the installation is completed to the satisfact-ffift
of the director. The director shall be allowed to inspect the work at any
stage of construction and, in any event, the applicant for the permit shall
notify the director when the work is ready for final inspection, and before
any underground portions are covered. The inspection shall be made vv'ithin
seventy two (72) hours after the receipt of-written notice directed to t-19-e
director. Work shall be done by the owner or a licensed contractor.
Sec. 7.04.100. Permit and inspection fees.
A. The city council shall, by resolution. establish the fees to be
assessed to implement and operate the codesregulations adopted in this
chapter.The basic fee for each permit to connect 'Nith any public sewer or
to construct, extend, relay, repair, or make connections 'Nith a lateral or
private sewer inside of a property line is hereby fixed at t·No hundred
tvventy five dollars ($225). An additional charge will be made if review
and inspection time exceeds three and one-half (3.5) hours. The hourly
rate for this additional staff time shall be paid at the rate as established by
council resolution.of fifty dollars ($50) per hour, 'vVhich is less than the
average actual · hourly cost for city staff employed to process these
permits . ...:, The ·f~ ;shall be• paid to the cityfinan,q::. d~partment ·.vho shall
issue a· receipt. Such receipt must be filed v,.:ith the department of public
·.-.;orks before the permit is issued. In the event of any conflict or
21 . Ordinance
Amending Code Fees
ambiguity regarding any fees authorized under this chapter and
established by council resolution. the public works director is authorized to
interpret the fee schedule(s) to resolve that conflict or ambiguity.
B. The fees for permits to construct, install, or 'repair septic tanks shall
be those established by the Seattle-King County department of public
health. These fees shall be paid directly to that department.
C. WhereverWhen work for which a permit -iswould be required by this
chapter is commenced or performed mfe-r--t-ewithout first obtaining
5-!;f-ffithat permit, the basic permit fee shall be doubled. but the payment
for sttefi.that double fee shall not relieve aeythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work. nor from any other penalties which may be provided for by local.
state, or federal lawin this chapter, including criminal penalties.
Sec. 7.04.110. Permit renewal fees. In case work shall not be
done or completed within the time specified in any permit and no
extension thereof has been granted, a renewal of the permit shall be
required for which a fee equal to of five dollars ($5) shall be c~half of
the review fee. A maximum of two renewals are allowed.
SECTION 10. -New Section. Section 11.06.045 is added to
chapter 11.06, to read as follows:
Sec. 11.06.045. Review and inspection fees. The city council
1 shall, by resolution, establish the fees to be assessed to implement and
operate the regulations adopted in this chapter. The resolution may
require that certain fees be pre-paid and/or designated to be non-
refundable because staff time and materials will be expended whether or
22 Ordinance
Amending Code Fees
" • ~ j • ' -•
not the permit applied for is approved by the city or pulled by the
applicant. In the event of any conflict or ambiguity regarding any fees
authorized under this chapter and established by council resolution, the
public works director is authorized to interpret the fee schedule(s) to
resolve that conflict or ambiguity.
SECTION 11. -New Section. Section 12.01.055 is added to
chapter 12.01, to read as follows:
Sec. 12.01.055. Fees. The city council, shall, by resolution,
I .
I estabfiSh the fees tO be aSS€SSed tO implement and Operate the regulations
adopted in this chapter. The resolution may require that certain fees be
pre-paid and/or designated to be non-refundable because staff time and
materials will be expended whether or not the permit applied for is
approved by the city or pulled by the applicant. In the event of any conflict
or ambiguity regarding any fees authorized under this chapter and
established by council resolution, the planning director is authorized to
Interpret the fee schedule(s) to resolve that conflict or ambiguity.
SECTION 12. -Severabifity. If any one or more section,
subsection, or sentence 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 13. -Corrections by Citv Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
23 Ordinance
Amending Code Fees
I
SECTION 14. -Effective Date. This ordinance shall take effect and
be in force on January 1, 2012, which is more than five (5) days from and
after its passage and publication.
ATTEST:
1 BRENDA JACOBER, C
I
TDBRUBAKER, CITY ATTORNEY
PASSED: 13 day of A-~--vvJ I 2011.
APPROVED: IL/-day of ~C9-ttJ?-iAJ
f 2011.
PUBLISHED: /IP day of /!le-~/' I 2011.
I hereby certify that this is a true copy of Ordinance No. 1 tJ/1
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:\Clvll\Ordlnance\Code Fee Amendments 120511.docx
~--~(SEAL)
BRENDA JACOB / CITY CLERK
24 Ordinance
Amending Code Fees