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HomeMy WebLinkAbout3235 Amending PTMC Chapter 3.15, 3.36, 13.02A, 13.03, 20.09 Relating to Low Income HousingOrdinance 3235 Page 1 of 2 ORDINANCE NO. 3235 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTERS 3.15, 3.36, 13.02A, 13.03 AND 20.09 RELATING TO LOW INCOME HOUSING RECITALS: 1. Like many cities in Washington state, the City of Port Townsend grapples with ensuring a mix of housing options, particularly for residents with lower incomes. In order to encourage lower income housing options, the City is reviewing all of its development fees and codes to remove barriers to low-income housing construction. 2. As part of the program to encourage low-income housing, the City is modifying the system development fees for the City utilities. System development fees are not impact fees regulated by Chapter 82.02 RCW, but fees to support the future capital construction of the City utilities pursuant to RCW 35.92.025. 3. As part of the program to encourage low-income housing, the City determines it appropriate to modify the program for deferrals of building fees and utility connection charges. 4. The City is striving to simplify implementation of the various low-income housing incentives; for example, amendments provide clarification, simplify procedural steps and formulas, ensure consistent use of terminology and refine eligibility requirements. 4. The City's State Environmental Policy Act (SEPA) Responsible Official determined the proposed amendments are procedural, resulting in no substantive changes respecting use or modification of the environment and are therefore exempt from SEPA environmental review per WAC 197-11-800(19). 5. The Port Townsend City Council Finance and Budget Committee recommended approval of these amendments on June 25, 2019. Staff briefed Council at a workshop meeting on September 16, 2019. On October 21, at a duly noticed public hearing, Council considered the ordinance and heard public testimony regarding the code amendments NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. Port Townsend Municipal Code chapter 3.15 is amended to read as in Exhibit A. Section 2. Port Townsend Municipal Code chapter 3.36 is amended to read as in Exhibit B. Ordinance 3235 Page 2 of 2 Section 3. Port Townsend Municipal Code chapter 13.02A is amended to read as in Exhibit C. Section 4. Port Townsend Municipal Code section 13.03.110 is amended to read as in Exhibit D. Section 5. Port Townsend Municipal Code chapter 20.09 is amended to read as in Exhibit E. Section 5. 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 6. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 7. Effective Date and Duration. This Ordinance shall take effect and be in full force and effect immediately five days after publication. ADOPTED by the City Council of the City of Port Townsend, Washington, at a special meeting thereof, held this 12th day of November 2019. Attest: a Joanna Sanders, MMC City Clerk .� a .. ......�. ........... Dep S. Stinsor7 Mayor Approved as to form: Heidi GreenM)odmmm .. w City Attorney Ordinance 3235 Exhibit A Page 1 of 8 EXHIBIT A Chapter 3.15 MULTIFAMILY TAX EXEMPTION PROGRAM Sections: 3.15.010 Purpose. 3.15.020 Definitions. 3.15.030 Residential target area, target area designation and standards.: 3.15.040 Tax exemption for multiple -unit housing in target areas. 3.15.050 Project eligibility and performance standards. 3.15.060 Application procedure. 3.15.070 Application review and conditional certification. 3.15.080 Extension of conditional certificate. 3.15.090 Final certificate. 3.15.100 Annual certification and report. 3.15.110 Cancellation of tax exemption. 3.15.010 Purpose. A. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited or 12 -year exemptions from ad valorem property taxation for qualified new multiple -unit housing located in designated residential targeted areas. B. This chapter is intended to promote and incentivize the development and redevelopment of a balanced socioeconomic mix of housing within the residential target area as a catalyst for additional investment and development of land uses to create vibrant, urban mixed-use districts. (Ord. 3200 § 2 (Exh. A), 2018), 3.15.020 Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Administrator" means the director of the city of Port Townsend development services department or designee assigned to carry out this chapter. B. "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low- or moderate - income households. C. "Household" means a single person, family, or unrelated persons living together. D. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. E. "Moderate -income household" means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent but is at or below X120 percent of the Ordinance 3235 Exhibit A Page 2 of 8 median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. F. "Multiple -unit housing" means a building having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multiple -unit housing may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multiple -unit housing. G. "Owner" means the property owner of record. H. "Permanent residential occupancy" means multiple -unit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner -occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. I. "Rehabilitation improvements" means modifications to existing structures, that are vacant for 12 months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multiple -unit housing units. J. "Residential targeted area" means an area within an urban center or urban growth area that has been designated by the governing authority as a residential targeted area in accordance with this chapter. Residential targeted area may not include a campus facilities master plan. For purposes of this chapter, an area may be designated a residential target area if the requirements in subsection L of this section either currently exist, are provided for in the city's capital facilities plan or transportation improvement plan, or would be required to be installed by the developer as a condition of development. K. "Substantial compliance" means compliance with local building or housing code requirements that are typically required for rehabilitation as opposed to new construction. L. "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain: 1. Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; and 2. Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and 3. A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.030 Residential target area, target area designation and standards. A. Residential target areas shall meet the criteria set forth in RCW 84.14.040 and this chapter. B. Designation of additional residential target areas shall follow the process and procedures identified in RCW 84.14.040. Ordinance 3235 Exhibit A Page 3 of 8 C. The residential target area(s) have been designated by the city council as shown on the snap adopted with the ordinance codified in this chapter and maintained by the development services department. D. At any time, the city council may, by ordinance, in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements of this section for the original designation. E. If a part of any legal lot is within a residential targeted area as shown on the adopted residential target area(s), then the entire lot shall be deemed to lie within such residential targeted area. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.040 Tax exemption for multiple -unit housing in target areas. A. Duration of Exemption. The value of improvements qualifying under this chapter is exempt from ad valorem property taxation as follows: 1. For properties for which applications are submitted after the date of adoption of the ordinance codified in this chapter, the value is exempt. For 12 successive years beginning January 1 st of the year immediately following the calendar year of issuance of the final certificate of tax exemption, if the property otherwise qualifies for the exemption and the applicant/owner rents or sells at least 20 percent of the multiple -unit housing units as affordable housing to low- and moderate -income households as further defined in this section. a. For rental projects, at least 20 percent of the multiple -unit housing units in the project must be rented throughout the duration of the 12 -year exemption period as affordable housing to low-income households at 80 percent or less of median income. b. For ownership projects, at least 20 percent of the multiple -unit housing units in the project must be sold as affordable housing to low- or moderate -income households at 120 percent or less of median income. B. Limits on Exemption. The exemption does not apply to the value of land or to the value of non -housing -related improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This section also does not apply to increases in assessed valuation made by the county assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.050 Project eligibility and performance standards. To qualify for exemption from property taxation under this section, the project must satisfy all of the following requirements: A. Location. The project must be located within a residential target area identified in PTMC 3.15.030. Ordinance 3235 Exhibit A Page 4 of 8 B. Size. The qualifying new multiple -unit residential apartment project must include a minimum of four units of multiple -unit housing. Existing multiple -unit housing that has been vacant for 12 months or more does not have to provide additional units. C. The new, converted, or rehabilitated multiple -unit housing must provide for a minimum of 50 percent of the space for permanent residential occupancy. In the case of existing occupied multiple -unit development, the multiple -unit housing must also provide for a minimum of four additional multiple -unit units. Existing multiple -unit vacant housing that has been vacant for 12 months or more does not have to provide additional multiple -unit units. D. Mixed -Use and Mixed -Use Redevelopment Projects. New and redevelopment projects of existing buildings located within the residential target area proposing a mixed-use commercial, office, or retail project with multiple -unit residential units may qualify for the tax exemption if four or more residential units are included within the project. E. Compliance with Guidelines and Standards. The project must be designed to comply with the city's comprehensive plan, building, housing, and zoning codes and any other applicable regulations in effect at the time the application is approved. F. The applicant must enter into a contract with the city, approved by city council, under which the applicant agrees to the implementation of the development on terms and conditions satisfactory to the city council. G. Completion Deadline. The project must be completed within three years from the date of approval of the contract by the city council. The administrator may grant one two-year extension, provided the applicant has demonstrated a good faith effort to complete the project. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.060 Application procedure. Applications under this chapter will be processed as a Type 11-A permit application as defined in Chapter 20.01 PTMC. A property owner who wishes to propose a project for a tax exemption shall complete the following: A. File with the development services department the required application form, provided by the department, setting forth the grounds for tax exemption along with the required application fees. The application materials shall include the following information: 1. A brief written description of the project, and schematic site and floor plans of the multiple -unit dwelling units and the structure(s) in which they are proposed to be located. 2. Floor and site plans of the proposed project, which plans may be revised by the owner, provided such revisions are made and presented to the administrator prior to the city's final action on the exemption application. 3. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this section. 4. Verification by oath or affirmation of the information submitted. Ordinance 3235 Exhibit A Page 5 of 8 B. Deadline. The application shall be submitted prior to the issuance of the building permit for the project, unless otherwise approved by the council. The administrator shall approve or deny an exemption application within 90 days of receipt of a complete application. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.070 Application review and conditional certification. A. Approval. The administrator may approve an application if he/she finds that: 1. The owner has complied with all the requirements of this section, including but not limited to the project eligibility requirements contained in this chapter and the applicable requirements contained within this code; and 2. The proposed project is, or will be at the time of completion, in conformance with all approved plans, and all applicable requirements of this code or other applicable requirements or regulations in effect at the time the application is approved. B. Contract Required. If the application is approved, the owner shall enter into a contract with the city, approved by the city council, regarding the terms and conditions of the project under this section. C. Issuance of Conditional Certificate. Following council approval of the contract, the administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of council approval of the contract unless an extension is granted as provided in PTMC 3.15.080. D. Application Denial. 1, Denial. The administrator shall deny an application if the criteria in this chapter are not met. The administrator shall state in writing the reasons for the denial and send notice of denial to the owner's last known address within 10 days of the denial. 2. Appeal. The owner may appeal the administrator's decision to the hearing examiner in accordance with Chapter 20.01 PTMC. E. Contract Amendment. An owner may request an amendment(s) to the contract by submitting a request in writing to the administrator, together with the required fee, any time within three years of the date of the approval of the contract as provided for in PTMC 3.15.080. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension are met. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.080 Extension of conditional certificate. A. Application. The conditional certificate may be extended by the administrator for a period not to exceed 24 consecutive months. The owner shall submit a written request stating the grounds for the extension together with the required application fee. B. Approval. The administrator may grant an extension if he/she finds that: 1. The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; and Ordinance 3235 Exhibit A Page 6 of 8 2. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and 3. All the conditions of the original contract between the owner and the city will be satisfied upon completion of the project. C. Denial — Appeal. The owner may appeal the administrator's decision to the hearing examiner in accordance with Chapter 20.01 PTMC. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.090 Final certificate. A. Application. Upon completion of the construction as provided in the contract between the owner and the city, the owner may request a final certificate of tax exemption. The owner shall pay all required fees and file with the administrator such information as the administrator may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: 1. A statement of expenditures made with respect to each multiple -unit housing unit and the total expenditures made with respect to the entire property; 2. A description of the completed work and a statement of qualification for the exemption; 3. The total monthly rent or total sale amount of each multiple -unit housing unit rented or sold to date; 4. The income of each renter household to date at the time of initial occupancy and the income of each initial purchaser of owner -occupied multiple -unit housing units to date at the time of purchase; 5. If applicable, a statement that the project meets the affordable housing requirements of this section, along with the number, type, and specific multiple -unit housing units rented or sold to date, as applicable, to meet the affordable housing requirements; 6. Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW; and 7. A statement that the work was completed within the required three-year period or any approved extension. B. Determination. Within 30 days of receipt of all materials required for a final certificate, the administrator shall determine whether the completed work is consistent with the contract between the city and owner, whether all or a portion of the completed work is qualified for exemption under this section and, if so, which specific improvements satisfy the requirements of this section. C. Filing with County Assessor. For projects that comply with the requirements of this chapter, the city shall file a final certificate of tax exemption with the county assessor within 10 days of the expiration of the 30 -day period provided in subsection B of this section. D. Denial. The administrator shall notify the owner in writing that the city will not file a final certificate if: (1) the administrator determines that the project was not completed within the Ordinance 3235 Exhibit A Page 7 of 8 required three-year period or any approved extension, or was not completed in accordance with the contract between the owner and the city and the requirements of this section, or the owner's property is otherwise not qualified for the limited exemption under this section; or (2) the owner and administrator cannot come to an agreement on the allocation of the value of the improvements allocated to the exempt portion of the project. E. Appeal. The owner may appeal the administrator's decision to the hearing examiner in accordance with Chapter 20.01 PTMC. (Ord. 3200 § 2 (Exh. A), 2018). 3.15.100 Annual certification and report. A. Within 30 days after the first anniversary of the date the city issued the final certificate of tax exemption and each year thereafter for the duration of the tax exemption period, the property owner shall file an annual report with the finance director adi+tatrr. Failure to submit the annual report may result in cancellation of the tax exemption. The certification shall contain such information as required by Chapter 84.14 RCW and as the adm",.,,tf aa��finance director may deem necessary or useful, and shall at a minimum include the following information: 1. A statement of occupancy and vacancy of the multiple -unit dwelling units during the 12 months ending with the anniversary date; 2. A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in this section since the date the city issued the final certificate of tax exemption and that the project continues to be in compliance with the contract with the city and the requirements of this section; 3. A description of any improvements or changes to the property made after the city issued the final certificate of tax exemption; 4. The total monthly rent of each multiple -unit housing unit rented or the total sale amount of each multiple -unit housing unit sold to an initial purchaser during the 12 months ending with the anniversary date; 5. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner -occupied multiple -unit housing units at the time of purchase during the 12 months ending with the anniversary date; 6. If applicable, a breakdown of the number, type, and specific multiple -unit housing units rented or sold during the 12 months ending with the anniversary date, as applicable, to meet the affordable housing requirements of this section; and 7. Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. (Ord. 3200 § 2 (Exh. A), 2018). b The finance director shall report annually by December 3l st ofeach year, be ginningin. 20117 to tl e I7 yalrti ent of C"ommer•r..c.._` he .c p( rt st �l include reportir��rrirer�ruaats specified �..... inRCW 84.14.100. Ordinance 3235 Exhibit A Page 8 of 8 3.15.110 Cancellation of tax exemption. A. Cancellation. If at any time the administrator determines that: (1) the property no longer complies with the terms of the contract or with the requirements of this chapter; (2) the use of the property is changed or will be changed to a use that is other than residential; (3) the project violates applicable zoning requirements, land use regulations or building code requirements; or (4) the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. Upon determining that a tax exemption shall be canceled, the administrator shall notify the property owner by certified mail, return receipt requested. B. Appeal. The property owner may appeal the determination in accordance with Chapter 20.01 PTMCType I -A permit procedures. C. Change of Use. If the owner intends to convert the multiple -unit housing to another use, the owner must notify the administrator and the county assessor within 60 days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. (Ord. 3200 § 2 (Exh. A), 2018). Ordinance 3235 Exhibit B Page 1 of 6 EXHIBIT B Chapter 3.36 PERMIT, APPLICATION AND APPEAL FEES Sections: 3.36.010 Fees - General. 3.36.011 System development charge, building fees, and utility connection charges - Deferrals for low-income housing. 3.36.015 Repealed. 3.36.018 Appeal fees. 3.36.020 Public works and utility billing service fee schedule. 3.36.030 Fees - Sewer connections. 3.36.040 Utility and garbage deposits. 3.36.050 Fees - Fire department permits and inspections. 3.36.060 Fees - Police department fee for fingerprinting. 3.36.070 Fees - Street vendor application and license fees. 3.36.010 Fees - General. Application fees for the various applications, permits and utility connections set forth below shall be as provided in this chapter. Unless the Ci has approved a fee deferral or waiver_ l2ursu[lilt to l"IMC 3,36 or 0.119.070 n o application shall be considered, nor shall any permit or utility connection be allowed, unless and until the fee has been paid to the 64}'- t;fasur-er- i iancedirector, which fee shall not be refundable unless the application is withdrawn in writing prior to the date of the first hearing scheduled on the application. Any such refund must be approved by the director of the development services department or the director of public works and the eity,4-neastireffinasicc director and an), and all costs incurred by the city deducted from fees paid. B. Mitj or-44e,he t: Ordinance 3235 Exhibit B Page 2 of 6 1. "Low-income household" means singfl�L ierson. Ianfliv,ter unrelated persons living together Jwhose _0di . ted J11COMC is at. or below 80 US )ercent ofthe niedjqr� f rail irlcc rr�c ttcl uslcd for family siz,e, for the cotinty where the Pro " iect is located, as reported by the [Mited States Departinent of Housing and Urban q, 2. "Private or public nonprofit organizations" means nonprofit corporations, municipal corporations, and other organizations formally established for the charitable purpose of providing low-income or affordable housing, recognized under the United States Internal Revenue Code as qualified recipients of tax deductible charitable contributions, including but not limited to organizations having received approval from the Internal Revenue Service of such status upon the filing of all forms as required for recognition as a 501(c)(3) corporation. For an entity to qualify as a private or public nonprofit organization under the provisions of this section, upon making a written request for deferral, the entity shall provide sufficient proof of such status, including such documentation as the city manager may deem necessary. +alt-a-ssti.fe- For purposes of this section, municipal public housing authorities established pursuant to Washington law shall be considered public nonprofit organizations. 3. "Building fee" means tatty-fiee-iii i -,Hi the -building permit base fee applieatio+i7,including, inspections, plan review, ize-late-d-bui4climg- feesidemolition, mechanical, plumbing, ever°�d'dr°essittt; and street development permits. "Building fee -s" does not mean or include State bUildh-M permit Pecs, fire code leas (including fire alarm fire sprinlder Secs ,-land use fees; including, but not limited to, related to permits or approvals for platting, environmental, shoreline, critical area, conditional use or variance, design review, or requests for waiver), technology or record retention fees-. 43, "Utility connection charges" means charges to connect to the water or sewer utility. C. SDC, Building Fees, and Utility Connection Charge Deferral Requests — Qualified Applicants. Upon the approval of the city manager _tar Ldesignee, collection of system development charges, building fees, and utility connection charges to serve single-family or Ordinance 3235 Exhibit B Page 3 of 6 multifamily residences arara sla l be deferred at the request of a -private or public nonprofit organization which is developing or constructing to, units for low-income indiv�idtittkc)i-Aiiiii�ieshou seho Ids. To qualify for such deferral, deferral requests shall be made it vritirr a tiara c it raga nag r on rornis provided by For rani xe(I-iiicoii-ic/iiiixed-tise development t -The amount of the fees deferred waived shall be a percentage proportionate to the ow- income hQi!,Lmuj)rovidcd;_(- i-.e.g. if the prejeet is 20 percent of the sqUare-footage of (lie project is dedicated to low-income housing, 20 percent of the total fees would be waiy-ed eligible for deferral up) to the limit snecified in 3.36.011 F. D. Recording. All deferrals granted shall be recorded as a real property lien reeeiv-abte-in-the- the deferral has been repaid to the city, or waived as provided in this chapter. The lien shall run with the land and a )ply tosubse. owners. E. Repayment of Deferrals. All amounts deferred for low-income single-family or multifamily housing applicants pursuant to this section shall be reimbursed to the city s cllt ralarnt in the applicable utility, as follows: I. The applicant ("private or public nonprofit organizations") shall record to real aroperty- lien, in a form approved by the City. agrecing and covenai-iting-that the property will be sold or rented to a person or persons who meet, at the time of certificate OfoCCLIvalic,!�y , 2qnthe ftpl3liean,12-9-eligibility requirements of this SectionGode. The porcenient sli all specify-. the waiver/re)a nient period, criteria for vaaiver re tartirrg rec rrirrcmerats eared shall aacN rare mrlcclU the City's right to audit "pursuant to Subsection G of this Section). a. For Projects subject to, an Lquiy,'fle"I housing Program — If the qpplicant conclusively demonstrates, to the satisfaction of the Cit y Manager, that that the units will be monitored by a Federal, State, or City program that requires units be reserved for low-income households for a minimum of 20 -years, the City Manag,er may waive the lien, cityrCPoEURg_rgQLIjrCIIIent and eligible fees. I1111O - b� For all o r( years from the date of certificate ofoccupane y, the M21 i ea n t denionst rates the r�c)i)ei-tybars l,.ieei,icotisisteji,tivsol(i/i-eiltedtoi,t.i,di-y4t,,kirt✓6 households inecting (lie eligibility requirenients in this code, then no repayanent is reqUired SUbiect to subsection CIE. Lc) ofthis seetion. 4*4ev­,flia t� �,- 04(�"+- c_3 -If within 20 years of the date of bti4dii%-p certificate of occupancy the property is sold or rented, and the new buyer or tenant does not meet the eligibility requirements of this section, then repayment of the deferred fee is required in full with Ordinance 3235 Exhibit B Page 4 of 6 interest thereon at a rate commensurate with the annual one-year US, TreaSUr, notes mid bonds, adjUSted IOr constant maturities as published in the Federal Reserve Bulletin or otherwise available from the Federal ReserveBankcom uted annuall on un aid balances. Interest calculated pursuant to this section shall not be conivoup(led. 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; eN—eel�,�t4, to the extent allowed by law. F. Limitation. L The program is limited as follows: a, For eligible shigle-f for building fees and utility connection charges, four dwelling units per applicant per year; for SDCs, no limit. b. For eligible multi-familv units: or buildina fees and utility connection charges up to $10,000 mr-prosect for SD(s, no limit:. 2. Requests for deferrals the limit are subject to approval by the city council on a case by case basis. The council would evaluate, among other things, number ofeii1ities-expected to reg nest deferrals within the current budget cycle, the impact to city department budgets from processing an increased number of deferral requests. G. Reporting. 1. Fee Deferral Rmort, Content. Within the time periods specified in Section 2 below, the owiiers ofd proi,)ertv with an active fee deferral shall submit to the_Cily finmce director: a. A signi ed affidavit that units are occupied in accordance with the terms of the lien. b. My additional information deemed necessary by the finance director to determine com lliaiicc with the Lei -ins of the lien. c. Ackiiowledgenient that the City retains tile right to audit as -er the terms of the Hera.. 2. Fee DeCerral Report Thnititz. a. For LIT14S Under I"Irivate QNNfilershi ) (E!�s are due �to the �Fmai�ice(firgctor Hor to close J"-E� '� i— ofescro\v and at the end of the neriod specified by the lien. Ordinance 3235 Exhibit B Page 5 of 6 b. For rental units reports acre due to the finance director in the first Quarter of each calendar year and at the end of the . eriod specified by the lien. 3.2.. Budget Impact. At least annually, the c4ty-n---tamtger finance director or deli &Ynee shall report to the city council on the amount of deferral requests and deferred fees. (Ord. 3052 § 1 (Exh. A § 1), 2011). 3.36.015 Fees -Building and land use. Repealed by Ord. 2580. Refer to 1 TPC 20.09. (Ord. 2526 § 1, 1996; Ord. 2492 § 1, 1995; Ord, 2431 § 2, 1994; Ord. 2416 § 1, 1994; Ord. 2384 § 1, 1993; Ord. 2376 § 1, 1993; Ord. 2329 § 1, 1992; Ord. 2311 § 1, 1992; Ord. 2296 § 16, 1992; Ord. 2269 § 10, 1991; Ord. 2173 § 3, 1989). 3.36.018 Appeal fees. Fees for appealing any appealable decisions made by the public works director or designee, $200.00. alert -"ttk --.(Ord. (Ord. 2580 § 2, 1997; Ord. 2507 § 2, 1996; Ord. 2492 § 1, 1995; Ord. 2431 § 3, 1994). 3.36.020 Public works and utility billing service fee schedule. The fees and charges listed in this section for services of the public works department and the finance department for utility billing are established. Fees for development engineering permits and inspections shall be as established by council resolution. The fees and charges shall be paid in advance unless an alternate method of payment is specifically approved by the director of public works. The continuance or establishment of water and/or sewer service by the city shall be contingent upon payment of all fees and charges contained in this section. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2936 § 2 (Exh. A), 2007; Ord. 2763 § 1, 2001; Ord. 2731 § 1, 1999; Ord. 2678 § 1, 1999; Ord. 2619 § 1, 1997; Ord. 2580 § 3, 1997; Ord. 2526 § 2, 1996; Ord. 2516 § 1, 1996; Ord. 2492 § 1, 1995; Ord. 2449 § 1, 1995; Ord. 2423 § 1, 1994; Ord. 2396 § 1, 1994; Ord. 2391 § 1, 1993; Ord. 2383 § 1, 1993; Ord. 2290 § 1, 1992; Ord. 2050 § 2, 1986). 3.36.030 Fees - Sewer connections. The fee for connection to the sewage system of the city and the connection charge therefor shall be established under the schedule of fees and charges contained in PTMC 3.36.020. (Ord. 2492 § 1, 1995; Ord. 2290 § 2, 1992; Ord. 2050 § 3, 1986). 3.36.040 Utility and garbage deposits. The ele4,,tieasaffe Oily , may require reasonable advance deposits for utility and--ga mg fees and charges where it is reasonable and prudent to do so to assure collection of such fees and charges. Where a utility or garbage customer fails to pay all charges due, the city may collect interest at the maximum legal rate, costs of collection and attorneys fees incurred in collection from the delinquent customer. (Ord. 2492 § 1, 1995; Ord. 2310 § 1, 1992; Ord. 2290 § 2, 1992). �lepr� rt+��entl��d-i-l�-11 in- eight :44 Ordinance 3235 Exhibit B Page 6 of 6 G - -t,) i s ve ti id l -)--i l tk r 2 4 IX -0 n e—b eL, I ro m--and--&;wi-)-beds<)()n-bed-an(44-)r ea4as alt 4 ns peefi, ow -I-A ki", e")*—,- l (H�)l $. ! !t9 .MzM M BU.s s 4 3.36.060 Fees — Police department fee for fingerprinting. A. Public fingerprint rolling fee, $5.00 per fingerprint card. (Ord. 2526 § 3, 1996). 3.36.070 Fees — Street vendor application and license. The application fee for street vendor licenses issued in accordance with Chapter 5.32 PTMC, Sales and Performances on Streets and Sidewalks, shall be $50.00. The annual street vendor license fee required pursuant to Chapter 5.32 PTMC shall be $350.00. The street performer license pursuant to Chapter 5.32 PTMC, which is valid for 12 months, shall be $100.00. (Ord. 3114 § 3, 2014; Ord. 2702 § 1, 1999). Ordinance 3235 Exhibit C Page 1 of 2 EXHIBIT C Chapter 13.02A CERTIFIED ADULT FAMILY HOME UTILITY DISCOUNT Sections: 13.02A.010 Program established — Purpose — Administrative authority. 13.02A.020 Certified Adult Family Home — Eligibility — Requirements. 13.02A.030 Adult Family Home Utility rate — Eligibility — Time limit. 13.02A.040 Adult Family Home Utility rate — percentage designated. 13.02A.050 Unlawful acts designated — Penalty. 13.02A.010 Program established — Purpose — Administrative authority. A program for applying discounted rates to the billings for water, sewer and storm drainage utility services provided by the City for certain non-profit organizations who operate Washington State certified group homes. The City Finance Director is authorized and directed to administer the program and in connection may promulgate forms and administrative regulations to carry out the intent and purpose of this chapter. 13.02A.020 Certified Group Home — Eligibility — Requirements. A. To implement the program provided for in this chapter, an account holder is eligible to be charged the discounted rate for utility services if that account holder shows satisfactory proof that: 1. the account location is owned or operated by a not -profit corporation incorporated in the state of Washington; 2. the account location is operated as a Washington State Department of Social and Health Services licensed and certified adult family home or group training home; 3. the account location is a dwelling unit served directly by the city's water, sewer or storm drainage utilities; and 4. the account location is billed by the water, sewer or storm drainage utilities of the city; and 5. the account holder annually provides the City Finance Director with a copy of a current license issued by the Washington State Department of Social and Health Services to operate a certified adult family home or group training home. B. Applicants, under oath or penalty of perjury, shall verify such information and provide such other data as are deemed appropriate, upon forms and in the manner determined by the City Finance Director. 13.02A.030 Adult Family Home rate — Eligibility — Time limit. A. Eligibility for the adult family home utility rate provided for by this chapter shall be for the period of June 1 through May 31 of each year, or so long as the applicant continues to be eligible for the adult family home utility rate under the terms of PTMC 13.02A.020, whichever period is shorter. Eligibility for the adult family home utility rate may not be retroactively established. Ordinance 3235 Exhibit C Page 2 of 2 B. The initial application for the adult family home rate may be made at any time. After approval of the initial application, the adult family home rate shall be effective from the billing cycle immediately following the approval date until the next occurrence of May 31. Renewal applications shall be submitted no later than April 30th annually to renew eligibility for the adult family home utility rate. Eligibility shall expire on May 315 of each year. C. When an account holder eligible for the adult family home utility rate becomes disqualified as a Washington State Department of Health and Social Services licensed adult family home the account holder shall immediately notify the City Finance Director of such change in status to allow the adult family home utility rate to be discontinued. D. When an account holder has been billed at the adult family home utility rate after that account holder has become ineligible for that rate, a repayment of the undercharge shall be made or shall be added to the current utility billing for such account holder. The City shall not recoup undercharges for billing cycles more than four years before the current billing cycle. 13.02A.040 Adult Family Home Utility rates— Percentage designated. Effective June 1, 2019, account holders qualified by the City Finance Director as eligible for the adults family ioine"-4iwome utility rate provided for in this chapter shall be billed an amount of 50% of the base rate and surcharge established for the Water, Sewer, and Storm Drainage Utilities. The adult family home utility rate does not apply to consumption charges for water. The city retains the right to discontinue adult family home utility discounts if the discount places undue budgetary constraints on meeting operating requirements of the utility. 13.02A.050 Unlawful acts designated — Penalty. A. The following acts are unlawful: 1. To accept or receive the adult family home utility rate provided for by this chapter when or during such time that the account holder accepting or receiving the same is not eligible; 2. To make any false or untrue statement on any application, form or document filed to qualify for a utility credit, or to continue receiving utility credits under this chapter. B. Director's Authority. Whenever the City Finance Director or his or her designee determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any gE!1_1,ilo ib I" cense issued hereunder, he or she is authorized to enforce the provisions of this chapter. C. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any discount, permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. Ordinance 3235 Exhibit D EXHIBIT D 13.03.110 System development charge deferrals for low-income housing. A. Program Established. In accordance with policy direction from the Port Townsend comprehensive plan, the city may allow deferral of payment of system development charges (SDCs) for a private or public nonprofit organization which is developing or constructing units for low-income in this seefieft.. B. See PTMC 3,36 .0 11 for program details. (Ord. 3117 § I (Exh. A), 2014; Ord. 3052 § I (Exh. A § 2), 2011; Ord. 2910 § 1, 2006; Ord. 2768 § 1, 2001; Ord. 2734 § 1, 2000). Ordinance 3235 Exhibit E Page 1 of'4 EXHIBIT E Chapter 20.09 LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES Sections: 20.09.010 Fees — General. 20.09.020 Repealed. 20.09.030 Repealed. 20.09.040 Repealed. 20.09.050 Repealed. 20.09.060 Repealed. 20.09.070 Fee refunds and deferrals. 20.09.075 Deferral of fees. 20.09.080 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. Such fees may be established from time to time by resolution of the city council. Unless thg_City lids appi-oved a lee delerml or waive1• 1)ursuantto P'J'MC 3.36 or 20,09,t)70 Njio application shall be considered unless and until the fee has been paid to theaa�i�ecr, including fees for publication and posting of notices charged in accordance with adopted fees. 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 development services department (DSD) and the finance director and any and all costs incurred by the city shall be deducted from fees paid prior to any exemption or refund. B. Repealed by Ord. 2936. 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 DSD 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 adopted fee 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 the adopted fee schedule. 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. Repealed by Ord. 2936. (Ord. 2936 § 1 (Exh. A), 2007; Ord. 2892 § 1, 2005; Ord. 2788 § 1, 2001; Ord. 2583 § 1, 1997; Ord. 2523 § 1, 1996). Ordinance 3235 Exhibit E Page 2 of 4 20.09.070 Fee refunds and deferrals. A. Refunds. 1. Application Fees. Fee refunds for permits processed pursuant to the International Building Code shall be in accordance with the International Building Code. For all other land use and land development applications, 80 percent of the fees paid in accordance with the adopted fee schedule MIMG-241,01,, , O 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, 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. a s=itea iaa stt tecl a tl +en la 11 a l werl- - l f l�rtlie-1`e s id ri lir P -T - etl�ra�wt��e-tlreit�����rset�-i�hi�a�dai:r�-��t�.�-�++��ler-�nr • a��a,ast-li -1-14e-sr1 + ily-ckv-(Mi4+a 4 . "vhew, aa: ll -)y ea pen"MLthc- �llewaglttil�aerat=ie+-haall�l-i=arra am�i�~�apl�le��taleeaat�raea�a�a pursuant to 42 r TcC�ecti��ns�l 81 thrc��rgl� 1�8-� gas-nc���r-ea-;hereaai,tea-a�s��r�a�de�i ��a i�� .... %l��apl=ade-�t�re*i-v���pplew��a�ta�l��lial'�• . �ec�a�r�ae-paarsa:aaa�t���l+a��14a eases -1 �is�-�.al�lc�t��staablil�-tl� eat-� a� � +east-ata�����ala�e<1_hos.aelael�l�iaxe���e�1=N�:>n��-�allrse-�aaa°�-e:-�:lee� ����t�=eelmmtlia�-saaara�f-°l-;d�li3-�.sea°-�y�aa�r-�i-iltl�e-al�l�liemaa+�t-a�-eli�ik�le-l�er�-au�we�eive a-federtl� stGte pa-ivaate cliaalilitmpesasiaa; sal i�alle tcstablil tlaataat the-Sapp-He;ant-Haas -fetal a wraea t a o + ali cl-interne as as aali e na s c I .I. 6:1 laeaee,eat.. r. les�lavea tl-laaspapea a -tat ldwseleld i as+>-fi30yefiy Hlla.alatica establishelly thetatel"a+:lai+�wa "eleit'eaoaaaan�yW.ordEhe 1"ederal eera��:a�ea�t-i-f-stat e--eaale�a.,tie+a;;-gar-r��t�aaa ilaale;=��-est:�abl�alr.�a�l�r�aeaatie��ra��4er�t&�i�- ea:�tic�:�; tha�aal�pli���:t--sl�aall-laa��av-iele�t�l�e-+��it-l+naai�a�-el'iact��r_,�tl�-�awa��wre�at�taat.e+a�eaa! ��1�. elrrbilily lalllaaaell�lil" e+aiera-eefa�liaaalility m�laielraa>el met befflere than three .r�.ant as ��Icl ��l�lallc�a�at� slaaall aan�lea e�atl� a�a��aaa�lt a:al� l;�erjua - �reasr�ael���rr�-r�ata�aaa-aaa��l-pr���de�s�ael�tla��a=�inla�aal�aa�:ieaer�<4aaaas�ee�a�ed-- �r�aate;-+:�a��-l��,am+aasmma�aa��ia�--tl�e��ra�r��aealeteaAn�-a�aealw�l� tml�e-�it;��N�a�a�c�lia�eeta��r l�=�ael-well-i��tea:l�aaa���-a=e-aa pie�:�l�aa- f�ea�weaea�a�sne-�lara�allf�s�a�-sea�iea-- e-i.t�i�aa�a��e�wl�e�isaa�e-eli�i�a��aea��rf�tiea�eeaa�a;aea�llna�racaltaataas:-1�€�a tlae_ l�ua-l��as�ef-tla"iseetiaMaa-r;-aa-�aa�et-itir;-�lc��aed-e�ra�eae-l�aaa*v-a�t�,��e�l�tlae�a�a1; Ordinance 3235 Exhibit E Page 3 of 4 bt di -hits - �t������a,�-��t����w���+a�r����--E������t��.r�..;�����'���a-:��E��-����„ 3. All fee d lien iveeivable--in4-he- iejwopi-eoillai - &1��+ire #�+i�tttrt Ordinance 3235 Exhibit E Page 4 of 4 �r�str�rtt: r�rtc��-i.ties1��►Iislae`�l-�.�.�n.1-l�e�ler��l-1�-��Flt-i���,�����he�°ice-a-���.+.lah.C�l��s--O�to- �4�1-I��-l�-����k f�o��laar al�rlic-�atit����le-t���h+�-a�rty�-c������u�-lmm-€�t�m���ll�rn✓ r1�alale-1+tcticr4�t�tr�st►rlll��u�cleI� (Ord. 2867 § 2, 2004; Ord. 2788 § 1, 2001; Ord. 2735 § 1, 2000). 20.09.075 Deferral of fees. In addition to fee refunds in PTMC 20.09.070 and deferrals pursuant to PTMC 21.1.047. 013.36.011, the city manager is authorized to defer land use and btJ1 (ing pernnit �jln icadon fees for projects that the city manager determines promote substantial additional private sector jobs and/or leverage private sector investment so that the city's tax base is substantially increased as a result of such project. The deferral shall: A. Be on such terms and with such security (including r-eeefd I ioil or other security) as determined by the city manager protects the payment of the fee; B. Be limited to the lease Verinit l'ee and shall [lot include del' real ofany costs ofilotices,® ubl1 ication an(] other costs to Llie city C. Not exceed a period of deferral of more than two years, or sale of property, whichever occurs first; E 46+he—tAt D. Include repayment in full with 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, computed annually on unpaid balances. Interest calculated pursuant to this section shall not be compounded. (Ord. 2877 § 2, 2004). 20.09.080 Conflict with other chapters. In the event of a conflict in any fees, charges or provisions set forth in this chapter 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 shall prevail. (Ord. 2788 § 1, 2001; Ord. 2523 § 1, 1996).