HomeMy WebLinkAbout2788 Building and Community Development Fee RevisionsOrdinance No. 2788
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING FEES FOR
CERTAIN LAND DEVELOPMENT PERMIT AND APPLICATION FEES,
PROVIDING INCREASES IN SOME FEES AND DECREASES IN OTHER
FEES, AND AMENDING PORTIONS OF PTMC CHAPTER 20.09 - LAND
DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES - PROVIDING
FOR A PRE-CONSTRUCTION OR BUILDING CODE CONSULTATION
PROCESS AND FEE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, City fees for land development permits have not substantially
changed since 1997, and
WHEREAS, the City Council of the City of Port Townsend, based on
recommendation of and information provided by the City's Building and Community
Development (BCD) Department that proposed fee revisions contained in this Ordinance
would more closely approximate average number of hours of staff time required to
process various permits, determines it appropriate to revise fees for certain land
development permit application and appeal fees, and make other changes to PTMC
Chapter 20.09 Land Development Permit Application and Appeal Fees.
NOW, THEREFORE, the City Council of the City of Port Townsend does
ordain as follows:
SECTION 1. Amendment. Those sections of PTMC Chapter 20.09
Land Development Permit Application and Appeal Fees are hereby amended as set forth
below, and PTMC Chapter 20.09 Land Development Permit Application and Appeal Fees
shall read as follows (strike is deleted, underline is added):
Chapter 20.09
LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES
Sections:
20.09.010
20.09.020
20.09.030
20.09.040
20.09.050
20.09.060
20.09.070
20.09.80
Fees - General.
Building, land use and development fees.
Environmental and design review fees.
Publication and notice fees.
Appeal fees.
Other charges and fees.
Fee refunds and deferrals.
Conflict with other chapters.
1 Ordinance 2 788
20.09.10 Fees -General.
A. Application fees for the various applications and permits set forth below shall
be as provided in this chapter. No application shall be considered unless and until the fee
has been paid to the city treasurer, including fees for publication and posting of notices
charged in accordance with PTMC 20.09.040. Fees and charges shall not be refundable
except as provided in PTMC 20.09.070. Exemptions to payment of the costs and fees
pursuant to this chapter shall be allowed as provided in PTMC 20.09.070. Any fee
exemption or fee refund must be approved by the director of building and community
development (BCD) and the city treasurer and any and all costs incurred by the city shall
be deducted from fees paid prior to any exemption or refund.
B. Major Projects. Some of the application fees set forth in this chapter vary
depending upon whether the proposed development project is for a "major" versus a
"minor" project. The term "major project" includes the following: planned unit
developments, as defined in Chapter 17.32 PTMC; all full subdivisions, as defined in
PTMC Title 18; and all commercial projects in excess of 10,000 square feet.
C. Payment of Fees. All fees provided in this chapter shall be paid when due.
Nonpayment of any fees when due shall result in a determination by the director of BCD
that an application has been withdrawn, suspending or terminating review of the
application in accordance with Chapter 20.01 PTMC.
D. Multiple Permits and Applications. In the case of multiple permit applications,
the applicant shall pay the highest fee plus one-half the fee stated in PTMC 20.09.020 for
any additional permit which is processed simultaneously; provided, however, that the full
fee shall be paid for environmental (SEPA) review and all other activities identified in
PTMC 20.09.030 through 20.09.060. In the case of a PUD application, the applicant shall
pay the PUD application fee and shall not be obligated to pay separate fees for associated
land division applications required pursuant to Chapter 17.32 PTMC and PTMC Title 18.
E. References to fees for "staff time" shall be understood to mean staff time per
staff person.
20.09.020 Building, land use and development fees.
The fees stated in this section are set in an amount to reimburse the public for staff
time and resources expended in reviewing and processing permit applications. These fees
do not include costs of publication, mailing and other costs incurred by the city. These
costs are charged in accordance with PTMC 20.09.040 and 20,09.060. Application and
service fees for the various building, land use and land development permit applications
shall be as follows:
A. Type I Applications (see PTMC 20.01.040).
1. Building permits: the fees and charges set forth in the Uniform Building
Code, as currently adopted by the city, plus an additional special examiner/special
inspector fee pursuant to the Nonresidential Energy Code as set forth in the suggested fee
schedule set by the utility code group;
2. Home occupation permits: $30.00 $75.00;
3. Sign permits: $25.00 $35.00, plus an additional $10.00 for each
additional sign included in the same permit application;
4. Lot line adjustments not resulting in lot reorientation: $150.00, plus
$50.00 per hour of staff time spent in excess of fiYe three hours;
2 Ordinance 2 788
5. Recognition and certification of a single lot of record: $50.00 $75.00;
6. Recognition and certification of two to nine lots of record: $75.00
$150.00, plus $50.00 per hour of staff time spent in excess of p, vo three hours;
7. Binding site plans: $250.00 $400.00, plus an additional $50.00 per hour
for staff time in excess of-10 _8 hours;
8. Multiple-family development permits: $200.00 for the first 20 dwelling
units; + $10 per dwelling unit over 20 units, plus $50.00 per hour for staff time in excess
of ten four hours;
9. Temporary use permits: $ ! 50.00 $75.00, ,,h,o ~:~a nn ,,,~, h .... c,,, ~,~,'r
time in excess of tbzee hours. No additional fee for two-momh extensions;
10. Re-establishment of a temporary use permit which had been issued in
the prior year for a proposed use which is unchanged from the prior year: $50.00 $35.00;
11. Minor amendments to Modification of an approved PUD: $150.00,
12. Modification or vacation of an approved binding site plan: $150.00,
plus $50.00 per hour for staff time in excess of five hours;
13. Advance determinations under the environmentally sensitive areas
ordinance: $250.00 $100;
14. -1-5. Shoreline exemption letter or a residential setback analysis: $50.00
$75.00;
15. -1-6. Temporary certificate of occupancy: $50.00 for each residential
dwelling unit; $100.00 for commercial, industrial, and institutional uses;
16. -1-7. Revision of a permit application or of conditions of prior approval:
$50.00 per hour of staff time, plus other direct costs to process the revision.
17. ! 8. Minor activities environmentally sensitive area permit: $50.00
$15000, ~,"'h'° ......... Cqn an per t, ..... ,- o,o,-,-+; ...... ·; ........ ,'+ .... h .....
18. 19. Waiver request under Chapter 19.05 PTMC, EnVironmentally
Sensitive Areas: $100 ¢qn nn
19. gO. Type I personal wireless service facility permits (chapter 17.78
PTMC): $150.00, plus $50.00 per hour for staff time in excess of three hours.
B. Type II Applications (see PTMC 20.01.040).
1. Minor variances, including sign variances: $150.00;
2. Minor conditional use permits: $250.00, plus an additional $50.00 per
hour of staff time spent in excess of 40 5_ hours;
3. Short subdivisions and lot line adjustments resulting in lot reorientation:
$250.00, plus $50.00 per hour of staff time in excess of-10 5_ hours;
4. Environmentally sensitive area permits: for minor projects, $250.00,
plus $50.00 an hour of stafftime spent in excess of-lO 5_ hours; for major projects,
$500.00, plus $50.00 per hour of staff time spent in excess of 10 hours;
5. Environmentally sensitive area reasonable use exception applications:
$250.00, plus $50.00 an hour of staff time spent in excess of-10 5_ hours;
6. Revision of a permit application or of conditions of prior approval:
$50.00 per hour of stafftime, plus other direct costs to process the revision.
3 Ordinance 2788
7. Type II personal wireless service facility permits (Chapter 17.78
PTMC): $500.00, plus $50.00 per hour for staff time in excess of 10 hours.
C. Type III Applications (see PTMC 20.01.040).
1. Major variances: $200.00 $250.00 for single-family residences, $350.00
$400.00 for other variances;
2. Major conditional use permits: $500.00 for major projects, plus an
additional $50.00 per hour of staff time spent in excess of 10 hours;
3. Full subdivisions or planned unit developments: $500.00, plus an
additional $30.00 for each lot or dwelling unit proposed, plus an additional $50.00 per
hour of staff time spent in excess of 10 hours;
4. Major amendments to approved PUDs: $500.00 plus an additional $50
per hour of staff time spent in excess of 10 hours;
4.5_ Site-specific rezones which are consistent with the comprehensive
plan: $500.00, plus $50.00 per hour of staff time spent in excess of 10 hours;
$.6_ Shoreline substantial development permit applications: a base fee of
$350.00 $400.00 for a primary use and $500.00 for a secondary use or $600.00 for a
conditional use. In addition, an hourly fee in the amount of $50.00 shall be charged for
staff time in excess of 10 hours;
&7_Shoreline variance application: $400.00 $350.00 f~r a primal' use and
~.~v.vv~qqt~ ~ ~v.9 ........ _ ~-~--~ ....... _~, in addition to the amounts charged for a shoreline
exemption letter or a residential setback analysis, if requested. In addition, an hourly fee
in the amount of $50.00 shall be charged for staff time in excess of-lO 8_ hours;
7. Revision of a permit application or of conditions of prior approval:
$50.00 per hour of staff time, plus other direct costs to process the revision.
8. Type III personal wireless service facility permits (Chapter 17.78
PTMC): $1,750.00, plus $50.00 per hour for staff time in excess of five hours.
D. Type IV Applications (see PTMC 20.01.040).
1. Final long plat approval: $300.00, plus filing costs;
2. Final PUD approval: $200.00 $300.00, plus filing costs;
3. Final short plat approval for two to four lots: $100.00, plus filing costs;
$200.00 for five to nine lots, plus filing costs.
E. Type V Applications (see PTMC 20.01.040).
1. Comprehensive plan and/or sub area plan amendments: $500.00, plus
$50.00 per hour for staff time spent in excess of 10 hours;
2. Amendment, supplementation or modification to the text of the zoning
code or other land use codes: $500.00, plus $50.00 per hour of staff time spent in excess
of 10 hours;
3. Shoreline master program (SMP) amendments: $500.00, plus $50.00
per hour of staff time spent in excess of 10 hours;
4. Street vacations: $300.00, plus the cost of property appraisal.
F. Unspecified land use and development permit application fees: $250.00, plus
$50.00 per hour of staff time spent in excess of 10 hours, or such other fee as established
by the director of BCD based upon the most closely related land use permit fee listed.
20.09.030 Environmental and design review fees.
4 Ordinance 2 788
Fees for conducting environmental review of projects pursuant to the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW, et seq. and Chapter 19.04
PTMC, and for historic preservation design review pursuant to Chapter 17.80 PTMC are
additional to general application fees and shall be as follows:
A. SEPA Review. The base fees for SEPA review shall be paid by the private
applicant prior to the city's circulation of an environmental checklist, threshold
determination or EIS.
1. Environmental checklist threshold determination: for minor projects,
$250.00, plus $50.00 per hour for each additional hour of staff time in excess of six
hours; provided, that a credit of $150.00 shall be applied if an environmentally sensitive
area permit is also required for the proposal; for major projects, $500.00, plus $50.00 per
hour of staff time spent in excess of 10 hours, with a credit of $150.00 if an
environmentally sensitive area permit is also required for the proposal;
2. Environmental checklist review for: (a) short subdivisions; and (b) other
projects which are exempt from SEPA, where the BCD director has reason to believe the
project may include non-SEPA-exempt actions, activities or impacts: $50.00; provided,
that if checklist review identifies environmental impacts which are not exempt from
SEPA review, fees for SEPA review shall be pursuant to subsection (A)(1) of this section,
with the $50.00 fee credited against other chargeable fees;
3. Environmental impact statements (EIS) following issuance of a
determination of significance (DS), including any supplemental EIS and/or addenda to
the EIS: $1,000 deposit, or such additional sum as determined by the director of BCD,
based upon cost estimates provided by a professional consultant selected by the city to
prepare and/or review the EIS. The applicant shall pay the projected amount, or submit a
letter of credit or post a bond to the city. The full cost of the EIS will be charged to the
applicant, including all expenses for consultant preparation costs, including peer review,
if necessary; $50.00 per hour of staff time spent in the preparation and review of the EIS;
and the cost of preparation and publication of the EIS, including printing, collating,
binding and circulation of the EIS. In the event the actual cost of the draft and final EIS
exceeds the estimated cost, the applicant shall immediately pay the excess prior to
continued processing and/or final action by the city. The city will refund the excess
deposit, if any, after incurred costs, including overhead, are paid. The city may charge
any person for copies of any document prepared under Chapter 19.04 PTMC, and for
mailing the environmental document in the manner provided by Chapter 42.17 RCW;
4. Environmentally sensitive area peer reviews: the full costs, paid in
advance, of any third party charges which may accrue.
B. Historic preservation committee design review for major projects: $500.00,
plus $50.00 per hour of staff time in excess of 10 hours.
20.09.040 Publication and notice fees.
In accordance with state and local law, the city provides notice to the public of
pending environmental threshold determinations made under the State Environmental
Policy Act (SEPA) and other notices of pending projects and public hearings. The cost of
such notices shall be paid in advance by the permit applicant and as a condition of
processing all permit applications as follows:
A. Notice board deposit: $30.00;
5 Ordinance 2788
B. Notice of application publication: $150.00;
C. Notice of public hearing publication: $100.00;
D. Environmental determination notice publication: $100.00;
E. Mailing costs: for sixty or fewer mailed notices: $75. For greater than sixty:
$150. The applicant shall reimburse the city for all costs of mailing notices if actual costs
exceed these amounts;
F. Additional notice: whenever BCD is required to post or mail additional notices
for land development projects because of changes or additions to the project initiated by
the applicant, the cost shall be borne by the applicant. If additional publication is
required, an additional fee of $150.00 shall be charged. (Ord. 2523 § 1, 1996).
20.09.50 Appeal fees.
Fees for appealing building permit, land use and land development permit
application determinations or decisions shall be as follows:
A. Sensitive area permit decisions appealable to the city council: $200.00;
B. Environmentally sensitive area determination: $25.00;
C. Administrative decisions of the director of building and community
development, made appealable pursuant to Chapters 1.14, 20.01 and 20.02 PTMC:
$200.00;
D. Environmental (SEPA) determinations made by the director of BCD, or
designee, pursuant to PTMC 19.04.280: $200.00. This appeal fee shall be waived ifa
valid petition is signed by 200 Port Townsend citizens and is submitted to the department
within the designated appeal period. Any such appeal must clearly list the name and
address of each signatory;
E. Appealable decisions made by the public works director or designee: $200.00;
F. Land use administration and enforcement decisions of the BCD, public works,
or other director, made appealable pursuant to Chapter 20.10 PTMC: $100.00;
G. Planning commission recommendations made to the city council pursuant to
Chapter 20.01 PTMC: $200.00;
H. Decisions of the building or other official concerning city adopted uniform
codes, made appealable pursuant to Chapter 20.06 PTMC: $50.00.
20.09.060 Other charges and fees.
A. Mandatory preapplication conferences:
1. Type I projects proposing impervious surfaces equal to or exceeding
5,000 square feet and/or nonsingle-family structures 5,000 square feet or over and Type II
projects: $50.00 $100.00;
2. Type III projects: $!50.00 $200. Upon submittal of a complete
application resulting in a determination of completeness, *h ....... ~;~o*:^" zznference
$50 of this fee shall be credited toward the application fee listed in PTMC 20.09.020;
B. Building pre-construction conference or building code consultation meeting:
$150;
13C. Director's interpretations of land use codes, plans and policies: $150.00;
C~.D__:. Statements of regulatory restrictions applicable to a single parcel: $ ! 00.00
$50.00;
P.E_ Preparation of minor legal documents and agreements: $65.00. For legal
documents prepared by the city attorney, an hourly fee of $100.00 per hour shall be
6 Ordinance 2788
charged. This fee does not include review by the city attorney of planning documents,
including proposed findings and conclusions;
I~.F_ Attorney fees chargeable by the city attorney for successful defense of
actions made appealable by Chapter 36.70C RCW (the "Land Use Petition Act") or as
allowed in any provision of the Revised Code of Washington: $150.00 per hour;
I~.G_~. Recording documents with the Jefferson County auditor: the amount of the
recording fees charged by Jefferson County, plus a service charge of $25.00.
20.09.070 Fee refunds and deferrals.
A. Refunds.
1. Application Fees. Fee refunds for permits processed pursuant to the
Uniform Building Code shall be in accordance with the UBC. For all other land use and
land development applications, 80 percent of the fees paid in accordance with PTMC
20.09.020 shall be refunded if no permit processing has been completed or costs have
been incurred. If an application has been processed prio? to issuance of a determination of
completeness, 50 percent of the fee paid in accordance with PTMC 20.09.020 shall be
refunded. No refunds shall be made after issuance of a determination of completeness. No
refunds shall be made for publication of notice costs or other fees or charges set forth in
PTMC 20.09.040 and 20.09.060.
2. Appeal Fees. Appeal fees shall be refunded if the appellant substantially
prevails in the appeal, in the judgment of the city council, or superior court, upon making
a final ruling on the appeal.
B. Fee Deferral. Fee deferrals shall be as follows; provided, however, an applicant
satisfying the criteria stated in this section shall be allowed a deferral from the fees
identified in PTMC 20.09.020 only, and shall not be exempted or deferred from any costs
of notices, publication and other costs to the city. Any person wishing to claim status
under any of the following provisions must file a written deferral request with the land
use or land development permit application:
1. Fees for variances to single-family dwelling requirements shall be
deferred when:
a. The dwelling is owned and occupied by a person or persons who meet
any of the following qualifications: (1) the applicant receives Supplemental Security
Income pursuant to 42 USC Sections 1381 through 1383, as now or hereafter amended;
or (2) the applicant receives Supplemental Security Disability Income pursuant to federal
law, and is able to establish that current annualized household income from all sources
does not exceed the sum of $18,000 per year; or (3) the applicant is eligible for and
receives a federal, state or private disability pension, and is able to establish that current
annualized income from all sources does not exceed the sum of $18,000 per year; or (4)
the applicant has a total current annualized income from all sources of 100 percent or less
of poverty level based upon total household size using poverty level calculations
established by the state of Washington for Jefferson County or by the federal government
if state calculations are not available. To establish qualifications under this section, the
applicant shall provide the city finance director with a current statement of eligibility for
SSI, SSDI, or such disability pension or proof of disability, which proof shall not be more
than three months old. Applicants shall, under oath or penalty of perjury, verify such
7 Ordinance 2788
information and provide such other information or data as deemed appropriate, on forms
and in the manner determined by the city finance director; or
b. The dwelling is owned and occupied by a person or persons who qualify
as a senior citizen(s) and who is/are eligible for tax exemption because of financial status.
For the purposes of this section, a senior citizen is defined as a person who has attained
the age of 62 years or more, and who qualifies for property tax reduction under the
limited income guidelines established by the state of Washington; or
c. The dwelling is owned and occupied by a person or persons who is/are
permanently handicapped and is/are eligible for tax exemption because of financial status.
For the purposes of this section, a "handicapped person" is defined as any person who has
a permanent physical or mental impairment which substantially limits that person's
ability to perform one or more of the following activities: walking, seeing, hearing,
speaking, breathing, learning, and/or manual tasks. "Substantially" shall mean a degree of
impairment which places that person at an obvious disadvantage when compared to a
person without said impairment. The applicant has the burden of establishing the fact of
handicap to the satisfaction of the city manager or his/her designee. The applicant must
qualify for property tax reduction under the limited income guidelines as established by
the state of Washington.
2. Building permit application fees, variance fees, and temporary use
permit fees for the construction or alteration of single-family or duplex dwellings shall be
deferred when all of the following conditions apply:
a. The residential structure is intended for low-income families;
b. The construction of the structure involves some volunteer labor; and
c. The structure is being constructed by an organization classified as a
501 C-3 organization by the Internal Revenue Service.
In approving fee deferrals pursuant to PTMC 20.09.070(B)(2), the city
manager or his/her designee shall require the recordation of a restrictive covenant and a
real property lien receivable for deferred fees on the property, restricting the use of the
property for the purposes provided in this section for a reasonable period of time, to
ensure ongoing compliance with the restrictions provided in this section. For construction
or alteration of multifamily structures, an applicant who satisfies the criteria stated in this
section may request a deferral of fees by written application to the city manager or his/her
designee.
3. All fee deferrals granted shall be recorded as a real property lien
receivable in the applicable general fund records until such time as the fee deferral has
been repaid to the city.
4. Repayment of Fee Deferrals. All amounts deferred pursuant to this
section shall be reimbursed to the city upon the sale of the property. Repayment of
deferred fees shall be secured with a real estate security instrument as approved by the
city attorney. Such instrument shall be senior to all other security instruments securing
loans on the property, unless the city manager or his/her designee determines that the city
receives adequate security for repayment from a junior security instrument. All such
security instruments shall contain a "due on sale" clause, requiring reimbursement of
8 Ordinance 2788
deferred fees to the city upon the sale of the property. Deferred fees shall likewise be
repaid to the city upon any refinancing of loans secured by senior real property security
instruments.
5. Amount of Reimbursement to the City. Upon the sale of the property to
any purchaser, the seller shall reimburse the city in the full amount of deferred fees, plus
simple interest thereon at a rate commensurate with the annual one-year U.S. Treasury
notes and bonds, adjusted for constant maturities, as published in the Federal Reserve
Bulletin or otherwise available from the Federal Reserve Bank, from the year application
is made to the city, computed annually on unpaid balances. Interest calculated pursuant to
this section shall not be compounded.
20.09.080 Conflict with other chapters.
In the event of a conflict in any fees, charges or provisions set forth in this
Chapter 20.09 PTMC and fees and charges or provisions found elsewhere in the Port
Townsend Municipal Code, the fees, charges, requirements, procedures and all provisions
contained in this Chapter 20.09 PTMC shall prevail.
SECTION 2. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
SECTION 3. Effective Date. This ordinance shall take effect and be in force on
January 1, 2002, which is more than five days after the date of its publication (or a
publication of a summary) in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 17th day of December, 2001.
Geoff Masci, Mayor
Attest:
Pamela Kolacy, CMC, City Clerk(,/
Approved as to Form:
John P. Watts, City Attorney
9 Ordinance 2788