NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC

HEARING

NOTICE IS HEREBY GIVEN

THAT the Board of Adams

County Commissioners will

conduct a public hearing to

receive comment on the following

ordinance on Tuesday,

November 28, 2023 at 1:30

p.m., or as soon thereafter as

possible, in Room 202, Adams

County Courthouse, 210 W.

Broadway, Ritzville, Washington

ORDINANCE NO. O-05-2023:

AN ORDINANCE AMENDING

FEE PROVISIONS OF ADAMS

COUNTY CODE CHAPTER

16.08.010 – APPLICATION

AND FEES; CHAPTER

16.23.120 – SUBMISSION AND

APPLICATION; AND, CHAPTER

18.04.280 – FEES

WHEREAS, Adams County has

the authority to establish a fee

schedule for various environmental

impact and subdivision

permits required within the unincorporated

portions of Adams

County; and

WHEREAS, the Board of County

Commissioners received a

recommendation from the director

of the Building and Planning

Department to amend the fee

provisions of Title 16 and Title

18 of the Adams County Code

for the purpose of updating

fees; and

WHEREAS, the Board of County

Commissioners recognize the

need for revision of fees in Title

16 and Title 18 of the Adams

County Code for the purpose of

covering administrative costs of

Adams County; and

WHEREAS, the Board of

County Commissioners held a

public hearing on the proposed

ordinance on November 21,

2023 to accept and consider

public comment on the proposed

amendments to Section

16.08.010; Section 16.32.120;

and, Section 18.04.280 of the

Adams County Code.

NOW THEREFORE, BE IT

ORDAINED by the Board of

Adams County Commissioners,

Washington as follows.

SECTION I

Section 16.08.010 – APPLICATION

AND FEES of the Adams

County Code (ACC) is amended

to read as follows:

16.08.010 Application and fees.

Any person desiring to subdivide

land in an unincorporated

area of the county shall submit

an application therefor to the

administrator. The application

shall be accompanied by

a filing fee for each lot of the

subdivision:

A. All fees and charges associated

with this title are to

cover reasonable administrative

costs only and shall be set in the

Building and Planning Department’s

master fee schedule

and established by resolution

by the Board of County Commissioners.

B. Subdivision fee rates shall

be adjusted periodically to reflect

changes in administrative

costs. Such adjustments shall

only become effective upon

adoption by the Board of County

Commissioners of a modification

to the Building and Planning

Master Fee Schedule; provided,

that the master fee schedule

may contain a provision for

automatic revision of fees no

more often than annually to

reflect the varying changes in

administrative costs.

SECTION II

Section 16.32.120 – SUBMISSION

OF APPLICATION of the

Adams County Code (ACC) is

amended to read as follows:

16.32.120 Submission of application.

Any person desiring to divide

land situated within an unincorporated

area of the county

into two or more, but less than

five lots, parcels or tracts for

the purpose of lease or sale,

shall submit an application for

short subdivision approval to

the planning director, together

with an application fee to be

deposited with the county treasurer

and credited to the current

expense fund.

A. All fees and charges associated

with this title are to

cover reasonable administrative

costs only and shall be set in the

Building and Planning Department’s

master fee schedule

and established by resolution

by the Board of County Commissioners.

B. Subdivision fee rates shall

be adjusted periodically to reflect

changes in administrative

costs. Such adjustments shall

only become effective upon

adoption by the Board of County

Commissioners of a modification

to the Building and Planning

master fee schedule; provided,

that the master fee schedule

may contain a provision for

automatic revision of fees no

more often than annually to

reflect the varying changes in

administrative costs.

SECTION III

Section 18.04.280 – FEES of

the Adams County Code (ACC)

is amended to read as follows:

18.04.280 Fees.

A. Threshold Determination.

For every environmental checklist

the county reviews, when it

is lead agency, the county shall

collect a fee from the proponent

of the proposal prior to undertaking

the threshold determination.

The time periods provided

by this chapter for making a

threshold determination shall

not begin to run until payment

of the fee has been received.

B. Environmental Impact

Statement.

1. When the county is the lead

agency for a proposal requiring

an EIS and the responsible official

determines that the EIS

shall be prepared by employees

of the county, the county may

charge and collect a reasonable

fee from any applicant

to cover costs incurred by the

county in preparing the EIS. The

responsible official shall advise

the applicant(s) of the project’s

costs for the EIS prior to actual

preparation; the applicant shall

post bond or otherwise ensure

payment of such costs.

2. The responsible official

may determine that the county

will contract directly with a

consultant for preparation of

an EIS, or a portion of the EIS,

for activities initiated by some

person or entity other than

the county and may bill such

costs and expenses directly

to the applicant. The county

may require the applicant to

post bond or otherwise ensure

payment of such costs. Such

consultants shall be selected

by mutual agreement of the

county and applicant after a call

for proposals.

3. If a proposal is modified

so that an EIS is no longer required,

the responsible official

shall refund any fees collected

under subparagraph (1) or (2)

of this subsection which remain

after incurred costs are paid.

C. The county may collect a

reasonable fee from an applicant

to cover the cost of meeting

the public notice requirements

of this chapter relating to the

applicant’s proposal.

D. The county shall not collect

a fee for performing its duties as

a consulted agency.

E. The county may charge

any person for copies of any

document prepared under this

chapter, and for mailing the

document in a manner provided

by Chapter 42.17 RCW.

F. All fees and charges associated

with this title are to

cover reasonable administrative

costs only and shall be set in the

Building and Planning Department’s

master fee schedule

and established by resolution

by the Board of County Commissioners.

G. Environmental impact

fee rates shall be adjusted

periodically to reflect changes

in administrative costs. Such

adjustments shall only become

effective upon adoption by the

Board of County Commissioners

of a modification to the

Building and Planning master

fee schedule; provided, that

the master fee schedule may

contain a provision for automatic

revision of fees no more

often than annually to reflect the

varying changes in administrative

costs.

SECTION IV

Severability. If any section, sentence

clause or phrase of this

ordinance should be held to be

invalid or unconstitutional by a

court of competent jurisdiction,

such invalidity or unconstitutionality

shall not affect the validity

or constitutionality of any other

section, sentence clause or

phrase of the ordinance.

SECTION V

Effective Date. This Ordinance

shall take effect immediately

upon adoption.

Contact Clerk of the Board at

(509) 659-3236 or e-mail –

[email protected] for

special accommodations. This

hearing will be recorded.

Dated this 7th day of November,

2023.

s/Patricia J. Phillips, CMC

Clerk of the Board

Publish: November 15 and 22,

2023