651 Master Plan Permit ProcessCITY OF YELM
ORDINANCE NO. 651
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, adopting a
master plan permit processing ordinance.
WHEREAS the City of Yelm has the potential for reviewing large master plan projects
which require a significant expenditure of funds on engineering and legal counsel to review and
approve the necessary submittals; and
WHEREAS the City is concerned that such projects could overwhelm the City planning
budget unless steps are taken to assure that the City will collect all fees due and the taxpayers not
be at risk of loss by reason of such applications; and
WHEREAS the City has already provided that consultant costs are payable on a
reimbursable basis, but has not specifically identified how such costs are to be collected;
NOW THEREFORE the City of Yelm does hereby adopt and ordain:
1. Applications for conceptual master plans, final master plans, and any project for
which environmental review other than DNS or MDNS is required, shall follow the guidelines
set forth below.
2. At the time the application is filed, the City shall establish an account for permit
processing for each major phase of the approval process. In addition to the fees payable with the
application, the applicant or applicants as appropriate shall pay to the City the sum of $5,000 for
each plan to be reviewed for approval.
3. The funds so paid shall be deposited in an account, for the benefit of the City to
pay engineering, legal, and other fees incurred by the City in connection with the project review.
Such fees shall be paid at the customary rates and charges applicable under the City's
agreements with the consultants. The City shall be responsible for assigning work activities and
assuring the work billed is reasonable and appropriate to the project assigned. The City's
determination shall be conclusive on such matters.
4. Consultants hired to review the project for the City shall be advised that the
City's liability is limited to the funds on deposit and that they are to stop work if at any time the
funds on deposit are insufficient to pay for work in progress.
5. The City shall advise the applicant whenever funds on deposit are less than
$1,000 or are anticipated to be insufficient to pay for required services. The fund may be
replenished in increments of $5,000 or more. Any interest earned on the account may be used by
the City to pay for services chargeable to the fund.
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6. At the conclusion of the planning process, or the expiration of more than one year
with no activity, the permit application may be terminated and the balance of the funds, after
deducting all charges due the City, may be returned to the applicant.
7. The City is to use reasonable prudence and diligence in the management of the
consultants reviewing a project, but the scope and response of such review services shall be
solely in the City's discretion. Further all work done by the consultants shall belong to the City
and in the case of work by counsel, the City and the Counsel shall retail attorney - client
relationship and nothing in this process shall create an attorney- client or other relationship
between the applicant and the City's retained consultant or counsel.
8. Where the City has incurred expenses in connection with project review on a
property, and said expenses have not been reimbursed, together with interest at 5.6% on any
sums delinquent over one year, the City shall take no steps to process any application on such
properties until such past due payments are paid.
Effective Date: This ordinance shall become effective on and after January 29, 1999.
ADOPTED this 13th day of January, 1999.
Kathryn M: Wolf, Mayor
Attest:
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Ag es P. Bennick, City Clerk
PASSED AND APPROVED: January 13, 1999
EFFECTIVE: January 29, 1999
PUBLISHED Nisqually Valley News, January 22, 1999
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