KMC Chapter 21.74 DEVELOPMENT FEES (2022)

Chapter 21.74
DEVELOPMENT FEES

Sections:

21.74.010Scope of chapter.

21.74.015Administration.

21.74.020Responsibility for payment of fees.

21.74.025General provisions for all permits, approvals and development services fees.

21.74.030General provisions for construction and permit fees.

21.74.010 Scope of chapter.

This chapter establishes fees collected by the fire department and the planning and building department for development services. For the purpose of this chapter, the term “the director” means the fire chief or the fire chief’s authorized representative for development services provided by the fire prevention office of the fire department and the planning and building department director or the director’s authorized representative for other development services. The term “building official” means the building official or the building official’s authorized representative. (Ord. 4491 §7, 2015: Ord. 3946 §1 (part), 2004)

21.74.015 Administration.

The director is authorized to interpret the provisions of this chapter and may issue rules for its administration. This includes, but is not limited to, correcting errors and omissions and adjusting fees to match the scope of the project. The fees established here will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased, by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain the cost recovery objectives established by the city council. (Ord. 3946 §1 (part), 2004)

21.74.020 Responsibility for payment of fees.

For the purposes of this chapter, the term “applicant” means the person or organization who paid the fee and/or is responsible for the ongoing payment of the fees. Both the applicant and the owner of the property, for which the permit or approval is required, are individually responsible for the payment of the fees administered under this chapter.

(1)Fee Requirements. The following applies to the payment of fees and charges:

(A)No application for a permit, approval, or service under the Kirkland Municipal Code will be accepted by the city unless all fees required at submittal by any city code or regulation have been paid.

(B)No plans or specifications relating to any application filed with the city under the Kirkland Municipal Code will be reviewed by the city until all fees required for review by any city code or regulation have been paid.

(C)No final decision on an application for a permit or approval will be made until all fees required by any city code or regulation have been paid, except as authorized by the director.

(D)No final inspection will be done nor temporary or final certificate of occupancy issued, nor utility project acceptance granted until all fees required by any city code or regulation to be paid prior to such final inspection, issuance of certificate of occupancy, or acceptance have been paid.

(2)Insufficient Funds. Any applicant whose payment of fees is returned to the city for nonsufficient funds, or whose credit card payment is denied, will be charged the city standard insufficient funds fee. The original fees and the returned check fee are due and payable within five working days of notification. If these fees are not paid within five working days of notification, a stop-work order shall be posted on the site. In addition to the foregoing, the director may take other appropriate actions to collect amounts due.

(3)Disputes. If a dispute arises as to the validity, or correct amount, of a fee, the fee determined by the city must be paid before the city will conduct any further review, inspection, or service. The fee may be paid under protest, in which case the applicant must specify in writing within thirty days of the date paid, the reason why such fee is not due or is due in a different amount than requested by the city. The written request must be submitted to the director. Within thirty days of the written request the director will make a final determination of whether the fee is due, or if the dispute is as to the amount of the fee, a final determination as to the amount due. There is no administrative appeal of that decision.

(4)Fee Responsibility Changes. If the original applicant or owner sells or otherwise transfers their interest in a project, they are required to notify the city. They remain liable for fees and charges associated with development services which were incurred prior to the date the city is notified in writing that the fee responsibility has changed. The new applicant or owner is also responsible for such fees and if the same are not paid the director may stop review of the project, revoke any permit or approval or take any other appropriate action.

(5)Waived Fees. Fees in this chapter shall be waived for the bonus or additional units or floor area being developed in exchange for construction of affordable housing units pursuant to Chapter 112 KZC. The value of fees to be waived will be the average fee per unit based on the permit fees for the residential portion of the project and the total number of dwelling units in the project that is subject to Chapter 112 KZC. Any claim for waived permit fees must be made before payment of permit fees. (Ord. 3946 §1 (part), 2004)

21.74.025 General provisions for all permits, approvals and development services fees.

(a)Fee Calculation. The fees for applications for development services established or referenced in the ordinance codified in this chapter will be calculated using the fee schedule in effect at the time the review, inspection, or service is performed and/or due. Each application stands alone and is considered individually for the purpose of calculating fees.

(b)City Projects. The fire department and planning and building department will collect all appropriate fees for utility-funded, capital investment program, and special purpose fund projects except as authorized by the director.

(c)Refunds. Any fee established in this chapter which was erroneously paid or collected will be refunded if requested. Table 1 is used to calculate refunds for applications or issued permits or approvals which are withdrawn, canceled, or expired. All refunds must be requested within one hundred eighty days of payment.

Table 1—Calculating Refunds

Stage in Review Process—Application Submitted

Type of Fee

Review Started

Flat review fee or review fee based on valuation, fixtures, devices, size, lots

Nonrefundable

Stage in Construction Process—Permit Issued

Type of Fee

No Work Started

Work Started

State Building Code

Nonrefundable

Nonrefundable

Flat inspection fee or inspection fee based on valuation, fixtures, devices, size

20% nonrefundable, 80% refundable

Nonrefundable

(1)Refunds for fees collected and not specifically mentioned herein will be refunded at the direction and discretion of the director or specific ordinance.

(2)Before any refund is released to the applicant the following will be deducted from the refund amount: all fees or charges owed on the subject application or permit; all fees or charges owed on any associated application or permit; any fees or charges that have been assigned to a collection agency plus the fee added on by the collection agency.

(d)Definition of Single-Family. For purposes of this chapter, “single-family” means a building containing not more than two dwelling units each having only one kitchen and each designed for occupancy exclusively by one family.

(e)Reinspection Fee. In instances where reinspection fees have been assessed, no additional inspection of the work is performed until the required fees are paid.

(f)Outside Consultants. For the use of outside consultants for plan checking and inspections, or both: Actual costs, which include administrative and overhead costs.

(g)Add-On Fees. Fees due after issuance as a result of a field inspection that identified a scope of work different from the work permitted are due and payable within five working days of notification.

(h)Multi-Building Projects. Separate building, mechanical, electrical, plumbing, and fire protection permits are required for each building in a multi-building complex.

(i)Work Without a Permit or Approval. It is unlawful to proceed with any work or any portion of any construction, installation, alteration, repair, or use when the required fee has not been paid and the permit or approval issued. When work for which a permit or approval is required by the Kirkland Municipal Code, regulation, or standard is started or proceeded with prior to obtaining that permit or approval, a penalty may be levied in an amount up to double the fee required for the work unlawfully conducted, with a minimum fee of two hundred dollars. This provision does not apply to emergency work when it is proved to the satisfaction of the appropriate director that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so; and if there is an unreasonable delay in obtaining the permit, a double fee (as provided in this chapter) will be charged. The payment of this double fee does not relieve any person from fully complying with the requirements of the Kirkland Municipal Code in the execution of the work or from any other penalties prescribed by law. Such person may also be required to reimburse the city for all expenses related to any enforcement proceedings as determined by the director.

(j)Consultants. The applicant bears the cost of retaining consultants when the city determines it is necessary to obtain required technical expertise.

(k)Recording Fees. The applicant bears the cost of fees associated with the recording of documents with King County.

(l)Additional Review. Review time required on a project prior to, or in lieu of, an application, is charged at the appropriate hourly rate, as determined by the director.

(m)Definition of Development Service Fee-Based Activity. The fees established herein apply to any activity performed by development services staff required to reach a final decision on an application and to reach the final approval of the work authorized by an issued permit, commonly called “review” and “inspection.” This includes, but is not limited to, review of plans and specifications, site visits, public involvement and public hearings, preconstruction meetings, inspections, reinspections, and occupancy requirements. (Ord. 4491 §8, 2015; Ord. 4463 §7, 2014: Ord. 3946 §1 (part), 2004)

21.74.030 General provisions for construction and permit fees.

(a)Scope. These general provisions apply to all permits issued by the fire department and planning and building department. Current fees are published online: https://www.kirklandwa.gov/Government/Departments/Development-Services-Center/Tools-and-Resources/All-Forms-Publications-Fees.

(b)Miscellaneous Inspections and Other Fees. Reference subsection (a) of this section.

(c)Building Permits.

(1)Scope. The fees and provisions established here apply to the installation, relocation, addition, demolition, or repair of construction work that requires a permit.

(2)Building Permit Fee Schedule. Reference subsection (a) of this section.

(3)Plan Review Fees. Reference subsection (a) of this section.

(4)State Building Code Fee. Reference subsection (a) of this section.

(5)Single-Family Combination New Construction Permits. Reference subsection (a) of this section.

(6)Fees for Sign Permits. Reference subsection (a) of this section.

(7)Fees for Moving Buildings. Reference subsection (a) of this section.

(d)Electrical Permits.

(1)Scope. The fees established here apply to the installation, relocation, addition, or repair of electrical work that requires a permit.

(2)Electrical Permit Fee Schedule. Reference subsection (a) of this section.

(3)Electrical Plan Review Fee. Reference subsection (a) of this section.

(4)Miscellaneous Electrical Inspection Fees. Reference subsection (a) of this section.

(e)Mechanical Permits.

(1)Scope. The fees established here apply to the installation, relocation, addition, or repair of mechanical work that requires a permit.

(2)Wiring. The fees established in this subsection do not include the electrical wiring, which requires a separate permit.

(3)New One- and Two-Family Dwelling Inspection Fee Schedule. Reference subsection (a) of this section.

(4)Commercial and Multifamily Inspection Fee Schedule. Reference subsection (a) of this section.

(5)Plan Review Fee. Reference subsection (a) of this section.

(f)Plumbing Permits.

(1)Scope. The fees established here apply to the installation, relocation, addition, or repair of plumbing work that requires a permit.

(2)Fixtures. For the purposes of this chapter, “fixture” means and includes any appliance which connects to water, a drain, or a vent.

(3)Fee Schedule. Reference subsection (a) of this section.

(4)Plan Review Fee. Reference subsection (a) of this section.

(g)Land Surface Modification Permit Fees.

(1)Scope.

(2)Plan Review Fee. Reference subsection (a) of this section.

(3)Grading Inspection Fee Schedule. Reference subsection (a) of this section.

(h)Fire Prevention Fees.

(1)Scope. The fees established here apply to development services by the fire prevention office of the fire department.

(2)Review Fee Schedule. Reference subsection (a) of this section.

(3)Permits may also be required as identified in the International Fire Code or when deemed hazardous by the fire marshal.

(4)Additional Fees for Review or Inspection. Reference subsection (a) of this section.

(5)There is a two-hour minimum charge for inspections outside of normal business hours.

(6)Work requiring a third party will be billed at actual cost.

(i)MyBuildingPermit.com Surcharge. In addition to the fees listed in this section there shall be a surcharge collected to pay for the city’s MyBuildingPermit.com membership fees and to help offset the cost of the enhancements and maintenance of the MyBuildingPermit.com and permit tracking software.

Exception: The MyBuildingPermit.com surcharge does not apply to the following:

(1)The State Building Code Council surcharge.

(2)Landlord tenant complaint fees.

(j)Determination of Value or Valuation. The applicant for a permit shall provide an estimated permit value at time of application. The value or valuation for any permit under any of the provisions of this chapter shall be that provided by the applicant or as determined by the building official, whichever is higher. When applicable, the valuation determinations by the building official will be made on the basis of the building valuation data table published by the International Code Council. The area referenced in the ICC valuation data table shall be the “gross area” which means the total areas of all floors, measured from the exterior face of the walls including basements, cellars, and balconies, but not including unexcavated areas. Where walls are omitted in the construction of a building, such as a carport or porch, the edge of the roof will be considered the exterior wall of the open side.

For building permits the valuation will include the total value of all construction work, including labor and materials, for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, or any other permanent work or permanent equipment. The building official may exempt unusually expensive equipment from the valuation of work.

The valuation for a building permit issued to complete the work of an expired permit shall be based upon the value of all work not completed under the previous permit, with a minimum valuation for each required remaining inspection. (Ord. 4808 §6, 2022; Ord. 4787 §§1, 2, 2022; Ord. 4654 §1, 2018; Ord. 4646 §1, 2018; Ord. 4577 §§2, 3, 2017; Ord. 4524 §109, 2016; Ord. 4491 §§3 (part), 9, 2015; Ord. 4486 §2, 2015; Ord. 4463 §8, 2014: Ord. 4289 §§1, 2, 2011; Ord. 4268 §3, 2010; Ord. 4132 §1, 2008; Ord. 4127 §2, 2007; Ord. 4017 §89, 2005: Ord. 3946 §1 (part), 2004)

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