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HomeMy WebLinkAbout2583 Land Use Development Application and Appeal FeesOrdinance No. c~-~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 20.09.010, .020, .050, AND .060 OF CHAPTER 20.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ADD AND REVISE LAND USE AND DEVELOPMENT APPLICATION AND APPEAL FEES IN ACCORDANCE WITH TITLES 17 AND 18 PTMC Wltg~S,the City has adopted a neW Zoning Code, Title 17 PTMC, and a new Land Division Ordinance, Title 18 PTMC, to implement the City's Comprehensive Plan; and WHEREAS, Titles 17 and 18 PTMC revise existing permit application processes and create certain new categories of permits, necessitating amendments to the City's Land Development Permit Application and Appeals Fee code, Chapter 20.09 PTMC; and WHERE,,it is the policy of the City Council to set application and appeal fees at a level to require that special users of City services partially reimburse the general taxpayers for such services; and WHEREAS, this ordinance reduces and eliminates certain fees to implement goals and policies of the Comprehensive Plan, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Section 20.09.010, Fees - General, of Chapter 20.09, Land Development Permit Application and Appeal Fees, of the Port Townsend Municipal Code is hereby amended to read as follows: Chapter 20.09 LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES 20.09.010 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 ail costs incurred by the city shail be deducted from fees paid prior to any exemption or refund. B. Major Projects. Some of the application fees set forth in this Chapter 20.09 PTMC 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 17.40 17,32 PTMC; ail tmag full subdivisions, as defined in PTMC Title 18; and ail commerciai 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 shail pay the highest fee plus one-haifthe 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 environmentai (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 and Title 18 PTMC. (Ord. § 1, 1997; Ord. 2523 § 1, 1996). SECTION 2. Section 20.09.020, Building, land use and development fees, is hereby amended to read as follows: 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 shail 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, ntly adopted by th ity --' ...... ' J:':---' ~ .... " ..... L .__ J ....... ,_..,. ~ ~lu~,~ ~ ,~,,~,l~ I~.27 ~CW; plus an additionai speciai examiner/speciai inspector fee pursuant to the Nonresidentiai Energy Code as set forth in the su~ested fee schedule set by the utility code group; 2. Home occupation perm/ts: $30.00; 3. Sign permits: $25.00, plus an additionai $10.00 for each additionai sign included in the same permit application; 4. 9ounda~ Lot line adjustments not resulting in lot reorientation: $150.00, plus $50.00 per hour of staiTtime spent in excess of five hours; 5. Recognition and certification of a sin~e lot of record; $50. 6. Recognition and certification of two to nine lots of record: $75,00, plus $50.00 per hour of stafftime spent in excess of two hours; 2 Ord. 7. Binding site plans: $250.00, plus an additional $50.00 per hour for staff'time in excess of 10 hours; 8. Multiple family development permits: $200, plus $50.00 per hour for stafftime in excess of four hours; 9. Temporary_ use permits: $150.00, plus $50.00 per hour for staff'time in excess of three hours. No additional fee for two-month extensions; 10. Re-e~tablishment 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 11, Modification of an approved PUD: $150.00, plus $50.00 per hour for staff time in excess of 5 hours; 12. Modification or vacation of an approved binding site plan: $150.00, plus $50.00 per hour for stafftime in excess of 5 hours; 13 5. Advance determinations under the environmentally sensitive areas ordinance: $250.00; 6. Mobile home title elimination: $30.00; ¢. Shoreline exemption letter or a residential setback analysis: $50.00; 16 8. Temporary certificate of occupancy: $50.00 for each residential dwelling unit; $100.00 for commercial, industrial, and institutional uses; 17 9. 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. 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 stafftime spent in excess of 10 hours; 3. Short subdivisions and boundary lot line adjustments resulting in lot reorientation: $250.00, plus $50.00 per hour of stafftime in excess of 10 hours; 4. Environmentally sensitive area permits: for minor projects, $250.00, plus $50.00 an hour of stafftime spent in excess of 10 hours; for major projects, $500.00, plus $50.00 per hour of stafftime spent in excess of 10 hours; 5. Environmentally sensitive area reasonable use exception applications: $250.00, plus $50.00 an hour of stafftime spent in excess of 10 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. C. Type III Applications (See PTMC 20.01.040). 1. Major variances: $200.00 for single-family residences; $350.00 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. Long Full subdivisions, t:_ ~. .... .~ .... , .... or o,l~u,,,~ 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. Site-specific rezones which are consistent with the comprehensive plan: $500.00, plus $50.00 per hour of stafftime spent in excess of 10 hours; 3 Ora. o25 3 5. Shoreline substantial development permit applications: a base fee of $350.00 for a primary use and $500.00 for a secondat~ 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; 6. Shoreline variance application: $350.00 for a primary use and $550.00 for a secondary use, 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 stafftime in excess of 10 hours; 7. Revision ora permit application or of conditions of prior approval: $50.00 per hour of stafftime, plus other direct costs to process the revision. D. Type IV Applications (See PTMC 20.01.040). 1. Final long plat approval: $300.00, plus filing costs v,,, ,~,~u,m,,,~ ,~o ,~ 2. Final PUD approval: $200.00, 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 subarea plan amendments: $500.00, plus $50.00 per hour for stafftime 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 stafftime spent in excess of 10 hours; 3. Shoreline master program (SMP) amendments: $500.00, plus $50.00 per hour of stafftime 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 stafftime 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. (Ord. § 2, 1997; Ord. 2523 § 1, 1996). SECTION 3. Section 20.09.050, Appeal fees, is hereby amended to read as follows: 20.09.050 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 aooealable__ pursuant to PTMC~,~ ".,~" "',-,.,~,,,'"'" and Chapters 1.14, 20.01 and 20.02 FI'MC: $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 if a 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; 4 Ord. ~5 8]5 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. (Ord. ~., § 3, 1997; Ord. 2533 § 1, 1996; Ord. 2523 § 1, 1996). SECTION 4. Section 20.09.060, Other charges and fees, is hereby amended to read as follows: 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; 2. Type III projects: $150.00. Upon submittal ora complete application resulting in a determination of completeness, the preapplication conference fee shall be credited toward the application fee listed in PTMC 20.09.020; B. Director's interpretations of land use codes, plans and policies: $150.00; C. Statements of regulatory restrictions applicable to a single parcel: $100.00; D. 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 charged. This fee does not include review by the city attorney of planning documents, including proposed findings and conclusions; E. 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; F E. Recording documents with the Jefferson County auditor: the amount of the recording fees charged by Jefferson County, plus a service charge of $25.00. (Ord. § 4, 1997; Ord. 2523 § 1, 1996). SECTION 5. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. 5 o a. 58'3 Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 21st day of April, 1997. Attest: Pam Kolacy, City l~lerk dj Julie~-tV~cCulloch, Mayor Approved as to Form: ~----~Timo~.tl~cMahan, City Attorney xx 04/17/97 [Title 20] Ord\{Ch20-09.doc} 6 Ord.