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.