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HomeMy WebLinkAbout03-18 - Ord. Adopting Amendments to the Community Development Fee Schedules ORDINANCE NUMBER —/ An Ordinance adopting amendments to the Community Development Fee Schedules to reflect changes in state law ensuring water is available to support development. AN ORDINANCE of the Mason County Board of Commissioners adopting fees for water adequacy. WHEREAS,an October 6, 2o16 Washington State Supreme Court decision (Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board, No. 91475)found that Whatcom County's Development Regulations did not comply with the Growth Management Act(RCW 36.7oA) requirements for protecting water resources; and WHEREAS, on January 1, 2o18, Mason County implemented the current Permit Fee Schedule as adopted by County Council through Ordinance No. 84-17, and WHEREAS, on January 19th, 2o18, Engrossed Substitute Senate Bill- ESSB6og1 was passed bythe state legislature ensuring that water is available to support development and amending RCWs 19.27.097, 58.17.110, 90.03.247, and 90.03.290; adding a new section to chapter 36.7oA RCW; adding a new section to chapter 36.70 RCW; adding a new chapterto Title go RCW; and WHEREAS, Section 202(5)(b) of ESSB 6og1 specifies, "a county issuing a building permit under RCW 19.27.097(1)(c) or approving a subdivision under chapter 58.17 RCW must collect applicable fees from the applicant", and WHEREAS, RCW 36.32.120 states, "Powers of legislative authorities [The board of county commissioners] ... Have the care of the county property and the management of the county funds and business ... "; and WHEREAS, Mason County Code,Title 6.68, Water Adequacy, specifies the information related to water adequacy required for a complete building permit application and/or subdivisions; and WHEREAS, on December 12, 2017,the Mason County Board of Commissioners adopted an updated the Mason County Comprehensive Plan to meet the requirements of RCW 36.7oA related to the protection of water quality and quantity; protecting critical areas; surface water and ground water resources; and NOW THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of Mason County that: The current fee schedule shall be amended to include the following fees to be listed under the heading of the Health Department of Mason County: UFS Description Current Rate Proposed 2018 Proposed # Rate Basis Rate Change New Groundwater N/A Per $500.00 New fee as per Section 202(5)(b)of Withdrawal Building ESSB 6091 permit DATED this /S+ day of 2os8. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shut , Commissioner M lissa ry,Clerk fthe Board APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief DPA Ran4 Neatherlin, Chair