Sunday, December 22, 2024
35.0°F

ORDINANCE NO. 468

| October 1, 2005 9:00 PM

AMENDMENT TO LAND USE APPLICATION FEES

AN ORDINANCE OF BONNER COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY; AMENDING CHAPTER 4 OF TITLE 12, BONNER COUNTY REVISED CODE, BY PROVIDING FOR REVISED LAND USE APPLICATION FEES AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Idaho Code, Title 67, Chapter 65, provides for the adoption of land use standards for the purposes of protecting property rights and enhancing property values, together with the purposes of promoting the health, safety, and general welfare of the

people; and

WHEREAS, Idaho Code, Title 67, Chapter 65; Title 63, Chapter 13; Title 50, Chapter 13; and Title 31, Chapter 8; provide that fees may be charged for services rendered for land use permits and applications; and

WHEREAS, Bonner County Commissioners have adopted such standards and instituted fee schedules consistent with Idaho Code; and

WHEREAS, the Bonner County Commissioners desire to adjust the land use application fees to reflect the actual costs of services being rendered and to defray from the general tax paying public the costs for these services; and

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing September 1, 2005, and did make a recommendation to the Board of County Commissioners to approve the proposed amendment to the fee schedule; and

WHEREAS, the Bonner County Board of County Commissioners did hold a public hearing on September 27, 2005, and did approve the amendment to the fee schedule;

NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Bonner County, Idaho that the following be and is hereby adopted as an ordinance of Bonner County:

SECTION 1 : AUTHORITY

This Ordinance is adopted pursuant to the authority granted at Sections 31-870, 50-1305, 50-1306A and 67-6519; Idaho Code, and pursuant to the procedural requirements contained at Sections 63-131 1A and 67-6509, Idaho Code.

SECTION 2: AMENDING CHAPTER 4 OF TITLE 12, BONNER COUNTY REVISED CODE, BY PROVIDING FOR REVISED LAND USE APPLICATION FEES.

PART A:

Section 12-421 of the Bonner County Revised Code is hereby amended to read as follows:

12-421. Fees for applications for plats. replats and condominium projects. The fees for applications for preliminary plats, lot line adjustments, time extension requests, minor notational changes and condominium projects to be processed under this title shall be as follows:

(a) Preliminary plats:

(1) Four (4) or fewer Six hundred dollars ($600.00) base fee plus sixty dollars ($60.00) per lot.

(2) Five (5) to fifteen (15) lots: Seven hundred dollars ($700.00) base fee plus sixty dollars ($60.00) per lot.

(3) Sixteen (16) to thirty (30) lots: One thousand dollars ($1,000.00) base fee plus sixty dollars ($60.00) per lot.

(4) Thirty-one (31) to one hundred (100) lots: Three thousand five hundred dollars ($3,500.00) (5) More than one hundred (100) lots: Five thousand dollars ($5,000.00).

(b) Lot line adjustments: Two hundred twenty five dollars ($225.00) plus fifteen dollars ($15.00) per lot.

(c) Final plat check by planning department:

(1) Two hundred dollars ($200.00) plus twenty dollars ($20.00) per lot for all plats and replats of up to one hundred (100) lots.

(2) Three thousand dollars ($3,000.00) for plats and replats of more than one hundred (100) lots.

(d) County surveyor's plat check for all plats and replats: Actual cost of professional service.

(e) Time extension requests: One hundred dollars ($100.00).

(9 Minor notational changes: Two hundred fifty dollars ($250.00).

(g) Condominium projects: Four hundred fifty dollars ($450.00)

PART B:

Section 12-422 of the Bonner County Revised Code is hereby amended to read as follows:

12-422, Fees for conditional use permit applications. The fees for applications for conditional use permits and time extension requests to be processed under this title shall be as follows:

(a) Conditional use permit applications shall be accompanied by a stormwater fee of one hundred dollars ($1 00.00), if required, plus the following:

(1) Residential uses: Four hundred fifty dollars ($450.00).

(2) Agricultural uses: Five hundred dollars ($500.00).

(3) Commercial uses: Five hundred fifty dollars ($550.00).

(4) Industrial uses: Six hundred dollars ($600.00).

(5) Planned unit developments:

((a)) Small-scale planned unit developments of fifty (50) acres or fewer: One thousand fifty dollars ($1,050.00)

((b)) Large scale planned unit developments of fifty (50) acres or fewer: One thousand five hundred dollars ($1,500.00.)

((c)) Small-scale planned unit developments of greater than 50 acres: One thousand five hundred dollars ($1,500.00.)

((d)) Large-scale planned unit developments of greater than 50 acres: Two thousand dollars ($2,000.00).

(b) Time extension requests: One hundred dollars ($100.00).

PART C:

Section 12-423 of the Bonner County Revised Code is hereby amended to read as follows:

12-423, Fees for variance applications. The fees for applications for variances and time extension requests to be processed under this title shall be as follows:

(a) Variance application: Four hundred twenty-five dollars ($425.00).

(b) Time extension request: One hundred dollars ($100.00).

PART D:

Section 12-424 of the Bonner County Revised Code is hereby amended to read as follows:

12-424. Fees for zone change applications. The fees for applications for zone changes to be processed under this title shall be as follows:

(a) Zone changes to commercial or industrial: One thousand one hundred fifty dollars ($1,150.00).

(b) Zone changes to all other zones:

(1) Twenty five (25) acres or fewer: Eight hundred fifty dollars ($850.00).

(2) More than twenty five (25) acres: Nine hundred fifty dollars ($950.00).

PART E:

Section 12-425 of the Bonner County Revised Code is hereby amended to read as follows:

12-425, Fees for special use permit applications. The fees for applications for special use permit applications and time extension requests to be processed under this title shall be as follows:

(a) Special use permit application: Three hundred seventy five dollars ($375.00.)

(b) Time extension request: One hundred dollars ($100.00).

PART F:

Section 12-426 of the Bonner County Revised Code is hereby amended to read as follows:

12-426. Fees for applications for road and plat vacations. The fees for applications for road

and plat vacations and time extension requests to be processed under this title shall be as follows:

(a) Four hundred dollars ($400.00) plus the actual cost for certified mailing, legal advertisement and recording fees.

(b) Time extension request: One hundred dollars ($100.00).

PART G:

Section 12-429 of the Bonner County Revised Code is hereby amended to read as follows:

12-429. Fees for stormwater management plans and erosion control plans. The fees for

stormwater management plans and erosion control plans to be processed under this title shall be as follows:

(a) Stormwater management plans:

(1) For subdivisions: One hundred dollars ($100.00), plus ten dollars ($10.00) per lot for subdivisions of fifteen (1 5) lots or fewer.

(2)For subdivisions of more than fifteen (1 5) lots: Four hundred fifty dollars ($450.00).

(3) For all others: Seventy five dollars ($75.00).

(b) Inspections: Sixty five dollars ($65.00.)

(c) Erosion control plan applications, when filed separately from a stormwater management plan: Seventy-five dollars ($75.00.)

PART H:

Section 12-430 of the Bonner County Revised Code is hereby amended to read as follows:

12-430. Fees for modification of terms and conditions of approval. The fee for applications to modify the terms of approval and/or the conditions attached to the approval of any permit authorized or required under the terms of this title, including, but not limited to, a variance, conditional use permit, special use permit, preliminary plat for a subdivision, short plat, lot line adjustment or planned unit development, shall be fifty percent (50%) of the original base

application fee as set forth in this chapter.

PART I:

Section 12-432 of the Bonner County Revised Code is hereby amended to read as follows:

12-432. Fees for applications for "family exempt" land divisions. The fees for "family exempt" land division applications to be processed under this title shall be as follows: Family exemption applications: Two hundred dollars ($200.00) plus fifteen dollars ($15.00) per parcel.

PART J:

Section 12-433 of the Bonner County Revised Code is hereby amended to read as follows:

12-433. Fees for applications for road vacations. The fees for processing a petition to vacate any public highway or right of way under the jurisdiction of the Bonner County board of commissioners, filed pursuant to the provisions of Idaho Code, title 40, chapter 2, shall be:

(a) Four hundred dollars ($400.00) plus the actual cost for certified mailing, legal advertisement and recording fees.

(b) Time extension request: One hundred dollars ($100.00).

PART K:

Section 12-434 of the Bonner County Revised Code is hereby amended to read as follows:

12-434. Fees for applications for road validations. The fees for processing a petition to validate any public highway or right of way under the jurisdiction of the Bonner County board of commissioners, filed pursuant to the provisions of Idaho Code title 40, chapter 2:

(a) Four hundred dollars ($400.00) plus the actual cost for certified mailing, legal advertisement and recording fees.

PART L:

There is hereby added a new Section 12-435 of Bonner County Revised Code which shall read as follows:

12-435. Fees for administration of surety agreements. The fees for processing surety agreements filed under the authority granted by this title shall be as follows: Surety agreement administration: Two hundred dollars ($200.00).

SECTION 3: SEVERABILITY

The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.

SECTION 4: EFFECTIVE DATE

This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee Newspaper.

Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 27th day of September, 2005, upon the following roll call vote:

Chairman Marcia L. Phillips: Aye

Commissioner Karl J. Dye: Aye

Commissioner Joe E. Young: Aye

BONNER COUNTY BOARD OF COMMISSIONERS

/s/

Marcia L. Phillips, Chairman

/s/

Karl J. Dye, Commissioner

/s/

Joe E. Young, Commissioner

Legal 7301

October 1, 2005

ORDINANCE NO. 469