HomeMy WebLinkAbout2523 Consolidating Land Development Permit Application and Appeal FeesOrdinance No. 2523
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, ADOPTING A
NEW CHAPTER 20.09 PTMC, CONSOLIDATING LAND DEVELOPMENT
PERMIT APPLICATION AND APPEAL FEES INTO ONE CODE SECTION
AND ESTABLISHING NEW FEES TO IMPLEMENT CHAPTER 20.01 OF
THE PORT TOWNSEND MUNICIPAL CODE AND THE REGULATORY
REFORM ACT, CHAPTER 36.70B RCW; AND ESTABLISHING A
PROCESS TO IMPLEMENT CITY COUNCIL POLICIES FOR PERMIT
APPLICATION FEE REFUNDS AND EXEMPTIONS FROM FEES FOR
QUALIFIED LOW INCOME HOUSING PROVIDERS AND APPLICANTS
WHEREAS, the City of Port Townsend provides an array of administrative functions
benefitting individuals and the public at large; and
WHEREAS, the Port Townsend City Council deems it necessary to clarify,
consolidate and revise land use and land development permit application fees and charges in
order to better reflect and defray the costs to the taxpayers for administrative services rendered
on behalf of individuals; and
WHEREAS, by enacting this Chapter 20.09 PTMC, the City Council intends to better
serve the public by establishing policies for refunds and exemptions of permit application fees
and consolidating all land use and land development permit application fees into one chapter of
the city code. This Chapter 20.09 contains the Council's policies for fee refunds and also
provides permit application fee exemptions in accordance with the City's draft Comprehensive
Plan for permit applicants providing low income housing opportunities for the community; and
'WHEREAS, as a result of the implementation of the Regulatory Reform Act, Chapter
36.70B RCW, the City will incur additional costs for publishing notices of pending land
development and land use permit applications and decisions, which costs should be borne by
the applicant,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. A new Chapter 20.09, Land Development Permit Application and
Appeal Fees is added to the Port Townsend Municipal Code and shall be codified by the City's
Code Reviser to read as follows:
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
20.09.080
Fees - General.
Building, land use and development fees.
Enviromnental and design review fees.
Publication and notice fees.
Appeal fees.
Other charges and fees.
Fee refunds and exemptions.
Conflict with other Chapters.
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 Section 20.09.040. Fee and charges shall not be refundable except as
provided in Section 20.09.070. Exemptions to payment of the costs and fees pursuant to this
Chapter shall be allowed as provided in Section 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 20.09
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 PTMC; all long subdivisions, as defined in Title 18
PTMC; and all commercial projects in excess of 10,000 square feet.
2 Ord. No. 2523
C. Payment of Fees: All fees provided in this Chapter shall be paid when due.
Non-payment 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 & Applications: In the case of multiple permit applications,
the applicant shall pay the highest fee plus one-half the fee stated in Section 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 Sections
20.09.030 through 20.09.060.
(Ord. 2523 § 1, 1996).
20.09.020 Building, land use and development fees.
The fees stated in this Section 20.09.020 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 Section 20.09.040 and 20.09.060. Application and service fees
for the various building, land use and land development permit applications shall beas
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 $10.00 for each radon test kit to be
provided as required by Chapter 19.27 RCW; 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;
3. Sign permits: $25.00, plus an additional $10.00 for each additional sign
included in the same permit application;
4. Boundary line adjustments not resulting in lot reorientation: $150.00,
plus $50.00 per hour of staff time spent in excess of five hours;
5. Advance determinations under the environmentally sensitive areas
ordinance: $250.00;
3 Ord. No. 2523
6. Mobile home title elimination: $30.00;
7. Shoreline exemption letter or a residential setback analysis: $50.00;
8. Temporary certificate of occupancy: $50.00 for each residential dwelling
unit; $100.00 for commercial, industrial, and institutional uses.
9. 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.
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 10 hours;
3. Short subdivisions and boundary line adjustments resulting in lot
reorientation: $250.00 plus $50.00 per hour of staff time in excess of 10 hours.;
4. Environmentally sensitive area permits: for minor projects, $250.00 plus
$50.00 an hour of staff time spent in excess of 10 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 hours;
6. 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.
C. Type III Applications (See, PTMC 20.01.040):
variances;
Major variances: $200.00 for single-family residences; $350.00 for other
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 subdivisions, binding site plans or planned unit developments:
$500.00, plus an additional $30.00 for each lot or dwelling unit proposed, plus an additional
4 Ord. No. 2523
$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 staff time spent in excess of 10 hours;
5. Shoreline substantial development permit applications: a base fee of
$350.00 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;
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 staff time in excess of 10 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.
D. Type IV Applications (See, PTMC 20.01.040):
1. Final long plat approval: $300.00, plus filing costs (no additional fees
are charged for final short plat approvals).
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 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
5 Ord. No. 2523
based upon the most closely related land use permit fee listed.
(Ord. 2523 § 1, 1996).
20.09.030 Enviromnental and Design Review.
Fees for conducting environmental review of projects pursuant to the State Environmental
Policy Act (SEPA), RCW 43.21C, et. seq. and Chapter 19.04 PTMC, and for historic
preservation design review pursuant to Chapter 17.38 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 impact statements (EIS) following issuance of a
Determination of Significance (DS), including any supplemental EIS and/or addenda to the
EIS: $1000.00 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 ElS 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;
3. Environmentally sensitive area peer reviews: the full costs, paid in
advance, of any third party charges which may. accrue.
6 Ord. No. 2523
B. Historic Preservation Committee design review for major projects: $500.00 plus
$50.00 per hour of staff time in excess of 10 hours.
(Ord. 2523 § 1, 1996).
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;
B. Notice of Application publication: $150.00;
C. Notice of public hearing publication: $100.00;
D. Environmental determination notice publication: $100.00;
notices;
Mailing costs: the applicant shall reimburse the city for all costs of mailing
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).
20.09.050 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;
7 Ord. No. 2523
C. Administrative decisions of the director of bUilding and community
development, pursuant to PTMC 17.64.090, Chapter 1.14 PTMC, and Chapter 20.01 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 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;
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: $200.00;
G. Planning Commission recommendations made to the City Council pursuant to
Chapter 20.01 PTMC: $200.00.
(Ord. 2523 § 1, 1996).
20.09.060 Other charges and fees.
A. Mandatory pre-application conferences:
1. Type I projects proposing impervious surfaces equal to or exceeding
5,000 square feet and/or non-single family structures 5,000 square feet or over and Type II
projects: $50.00;
2. Type III projects: $150.00.
Upon submittal of a complete application resulting in a Determination of Completeness, the
pre-application conference fee shall be credited toward the application fee listed in Section
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
8 Ord. No. 2523
proposed findings and conclusions;
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. 2523 § 1, 1996).
20.09.070 Fee Refunds and Exemptions.
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, eighty percent (80%) of the fees paid in accordance with Section
20.09.020 shall be refunded if no permit processing has been completed or costs have been
incurred. If an application has been processed prior to issuance of a Determination of
Completeness, fifty percent (50%) of the fee paid in accordance with Section 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
Sections 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 Exemptions: Fee exemptions shall be as follows; provided, however, an
applicant satisfying the criteria stated in this Section shall be exempted from the fees identified
in Section 20.09.020 only, and shall not be exempted 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 exemption request with the land use or land development permit
application:
waived when:
Fees for variances to single-family dwelling requirements shall be
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 1381-1383, 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
9 Ord. No. 2523
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 treasurer 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 information and provide such other information or data as
deemed appropriate, on forms and in the manner determined by the city treasurer; 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
director of BCD. 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
waived 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 exemptions pursuant to this Section 20.09.070.B.2, the director of BCD shall
require the recordation of a restrictive covenant on the property, restricting the use of the
10 Ord. No. 2523
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 multi-family structures, an applicant who satisfies the criteria stated in this
Section may request an exemption or reduction of fees by written application to the city
council, which may be granted by the council at the council's discretion.
(Ord. 2523 § 1, 1996).
20.09.070 Conflict with other Chapters.
In the event of a conflict in any fees, charges or provisions set forth in this Chapter 20.09 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
shall prevail.
(Ord. 2523 § 1, 1996).
Section 2. 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.
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 6th day of May, 1996.
Attest:
~;~5y~:n[~6 _A0c~goCr~[Y~ h20.09, d o c }
ie~Culloch, Mayor
Ti~han, City ttorney
11 Ord. No. 2523