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Home My WebLink About2735 Repealing and Replacing Building and Community Development Fee Refunds and Exemptions ORDINANCE NO. 2735 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING SECTION 20.09.070, FEE REFUNDS AND EXEMPTIONS. WHEREAS, the City Council desires to update the accounting for building and community development fee waiver and exemption transactions; and WHEREAS, the City Council desires to account for building and community development fee waivers and exemptions as a deferral of fees in the General Fund by a recordation of a real estate lien receivable, rather than a permanent waiver or exemption; and WHEREAS, the City Council desires to require any building and community development fee deferral be repaid upon sale of the benefiting real property; and NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. Section 20.09.070 Fee refunds and exemptions is repealed and a new section (of the same number and title) is enacted as follows: A. Refunds: 1.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 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. 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 ~r.~asm~r 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 information and provide such other information or data as deemed appropriate, on forms and in the manner determined by the city t-r-eamm~ 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 temporar~ 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 501C-3 organization by the Internal Revenue Service. In approving fee ~ deferrals pursuant to PTMC 20.09.070(B)(2), the ~ BCD 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 an exem?t:~cn cr red'act'.'zn deferral of fees by written application to the City Manager or his/her designee c:.ty c~".:nz!!, --'~':-*' .... ~' ..... *~ ,....u ....... :~ ~. ~. ....... :~,~ a: .... *;"~ (Ord. 2523 § 1, 1996). 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 defexxed 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 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. 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. This ordinance shall take effect upon its passage, approval and publication in the form and 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 ,2 ~/. day of f-e,S¢~.,~.% , 2000. ~off Masci, Mayor Attest: ~9~- ~ ilrk ibamela Kolacy, Cl~Clerk ,c~ Approved as to form: /:~~, City Attorney