HomeMy WebLinkAbout2431 Building and Land Use FeesOrdinance
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE AS FOLLOWS:.
CHAPTER 3.36, PERMIT AND APPLICATION FEES, AMENDING SECTION
3.36.015 FEES-BUILDING AND LAND USE; AND
ADDING A NEW SECTION 3.36.018 APPEAL FEES; AND
AMENDING CHAPTER 17.64 BOARD OF ADJUSTMENT, SECTION
17.64.065 MINOR VARIANCES AND MINOR CONDITIONAL USES-
PROCEDURES; AND
AMENDING CHAPTER 19.04 STATE ENVIRONMENTAL POLICY ACT,
SECTION 19.04.280 APPEALS
WHEREAS, permit and application fees are necessary to defray the cost of
processing and reviewing building and development applications in a timely and thorough
fashion; and
WHEREAS, the City Council deems it necessary to preserve and enhance the quality
and efficiency of application processing and review by raising certain fees to more accurately
reflect the cost to the public; and
WHEREAS, the City Council desires to ensure greater consistency in the fees
charged to various land use appeal processes;
NOW, THEREFOR, the City Council of the City of Port Townsend does ordain as
follows:
Section 1.
to read as follows:
Chapter 3.36 of the Port Townsend Municipal Code is hereby amended
Chapter 3.36
Sections:
3.36.010
3.36.015
3.36.018
3.36.020
.3.36.030
3.36.040
3.36.050
PERMIT~ ~N~ APPLICATION AND APPEAL FEES
Fees - General.
Fees - Building and land use.
Appeal fees.
Public works service fee schedule.
Fees - Sewer connections.
Utility and garbage deposits.
Fees - Fire department permits and inspections.
(Ord. ~4~/§1, 1994; Ord. 2173 § 1, 1989; Ord. 2050 § 1, 1986).
Section 2. Chapter 3.36 Section 015 of the Port Townsend Municipal Code is
hereby amended to read as follows:
3.36.015 Fees - Building and land use.
Application and service fees for the various building and land use applications,
permits and agreements shall be as follows:
A. For rezones, the sum of $350.00, plus $50.00 per hour of staff time spent in
excess of 10 hours;
B. For application for amendment, supplementation or modification to the text of
the zoning code, $175.00 $350.00, plus $50,00 per hour of Staff time spent in excess of 10
hours;
C. For variances, the sum of $200.00 for single-family residences, or for an
administrative variance, $150.00 for a sign variance; $350.00 for other variances;
D. For street vacations, the sum of $300.00;
E. For conditional use permits, the sum of $250.00 when processed
administratively; $350.00 when to be decided by the city council; plus in either case an
additional $50.00 per hour of staff time spent in excess of 10 hours;
F. For short subdivision approval, the sum of $350.00;
G. For preliminary approval of a subdivision, condominium, binding site plan or
planned unit development approval, the sum of $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; for final plat approval, the sum of $150.00, plus filing costs;
H. For 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;
I. For home occupation permits, the sum of $50.00;
J. For sign permits, $25.00, plus an additional $10.00 for each additional sign
included in the same permit application;
K. Preparation of legal agreements, $65.00;
L. For boundary line adjustments, $55.99 $85.00, plus $50.00 per hour of staff
time spent in excess of 5 hours;
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M. For street vendor licenses, an application fee of $50.00, and an annual license
fee of $350.00 payable upon the issuance of the license and on or before January 1st of each
succeeding calendar year for which the permit remains valid;
N. For environmentally sensitive area permits, $250.00 plus $50.00 an hour of
staff time spent in excess of 10 hours;
O. For environmentally sensitive area peer reviews, the full costs, in advance, of
any third party charges which may accrue;
P. For environmentally sensitive area reasonable use exception applications,
$250.00 plus $50.00 an hour of staff time spent in excess of 10 hours;
SO. For an advance determination under the environmentally sensitive areas
ordinance, $250.00;
:IR. For an environmental checklist threshold determination, the sum of $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;
~S. For revision of a permit application or of conditions of prior approval, the sum
of $50.00 per hour of staff time, plus other direct costs to process the revision;
YT. For mobile home title elimination, $30.00;
~¢LJ_. For shoreline substantial development permit application, a base fee of
$350.00 for a primary or secondary use or $600.00 for a conditional use, plus $75.00 for
notification of each hearing, which sum does not include the amount of deposit for posting
boards used. In addition, an hourly fee in the amount of $50.00 shall be charged for staff
time in excess of 10 hours;
~V. For a shoreline variance application, the sum of $100.00 in addition to the
amounts set forth in subsection W of this section. In addition, an hourly fee in the amount of
$50.00 shall be charged for staff time in excess of 10 hours;
~tW. For a shoreline exemption letter or a residential setback analysis, the sum of
$50.00;
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gX. For recording documents with the Jefferson County auditor, the amount of the
recording fees charged by Jefferson County, plus a service charge of $5.00;
Y__ For a Temporary Certificate of Occupancy: $50.00 for each residential
dwelling unit; $100.00 for commercial, industrial, and institutional uses;
(Ord..Tql~ §2, 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).
Section 3. A new Section 018 to Chapter 3.36 is hereby added as follows:
3.36.018 Appeal fees
Fees for app~ling any land use and building permit application determination shall be as
follows:
$200.00;
For appeals of sensitive area permit decisions appealable to the city council,
B.. For an appeal of an environmentally sensitive area determination, $25.00;
C__ For an appeal of an administrative decision of the Director of Building and
Community Development, pursuant to PTMC Sections 17.64.090 and 1.14, $200.00;
D__ For an appeal of the Director's Environmental Determination made pursuant to
Chapter 19.04.280 PTMC, $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
signator.
(Ord.~9'q~t §3, 1994).
Section 4. Chapter 17.64, Section 065 is hereby amended to read as follows:
17.64.065 Minor variances and minor conditional uses - Procedures.
A. The provisions of this section shall apply in the case of applications for minor
variances or minor conditional use permits, as defined in this title.
B. Within 10 days of receiving an application for a minor variance or minor
conditional use permit, the director shall prepare and give notice of an upcoming decision on
the application, which notice shall contain the following:
1. The name of the applicant, and if applicable the project name;
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2. The street address of the subject property, and a description in nonlegal
terms sufficient to identify its location;
3. A vicinity map indicating the location of the property;
4. A brief description of the action, permit or approval requested in the
application;
5. The date on which the public comment period ends;
6. A statement of the right of any person to participate in the decision as
provided for in this section;
7. A statement that only those persons who participate in the decision as set
forth in this section may appeal the decision of the director; and
8. Such other information as the directOr deems appropriate.
C. The director shall provide the notice of the upcoming decision on the application at
least 15 calendar days prior to the decision. Notice shall be given as follows:
1. Posting notice of the' upcoming decision in a conspicuous place at City Hall;
2. Posting the notice upon the property in a conspicuous location;
3. Mailing notice of the upcoming decision to each owner of real property
within 200 feet of any boundary of the subject property and of any contiguous property in the
applicant's ownership.
D. Notice by mail shall be mailed by first class mail, postage fully prepaid, to the
persons and at the addresses as shown by the tax rolls maintained by the Jefferson County
treasurer. Proof of mailing shall be by affidavit of the person mailing the same.
E. Any person may participate in the decision by submitting written comments on the
application to the director prior to the date on which the decision is to be made.
F. Within 10 days following receipt of all comments and the gathering of all
information available to the director pertaining to the application, the director shall either
approve, approve with modifications or conditions, or deny the application. The decision of
the director shall set forth the findings of fact and the sources of information on which the
facts are based; conclusions; its decision; and any conditions or modifications if appropriate.
The decision shall be in writing. To approve the application, the director must find that the
application meets the criteria for a variance or conditional use permit as set forth in this
chapter.
G. If the director makes a modification which results in a proposal not reasonably
foreseeable from the description of the proposal contained in the original public notice
provided by subsection B, then the director shall provide a new notice of an upcoming
decision and obtain public comment prior to making a decision.
H. The decision of the director shall also include, in writing, a statement of the right
of any person who participated in the decision as provided in this section to appeal the
decision of the director as hereinafter provided.
I. Within five days of the date of the decision, the director shall mail or cause to be
mailed the decision, bearing the date it is mailed, to each person who participated in the
decision as set forth in this section and to the applicant.
J. Subject to the right of appeal as hereinafter set forth, the decision of the director on'
the application is the final decision of the city.
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K. The applicant or any person who participated in the decision pursuant to this
section may appeal the decision of the director by submitting to the planning and building
department of the city a written statement indicating the facts that establish the appellant's
right to appeal; a brief statement identifying the specific exceptions and objections to the
decision being appealed or identifying specific errors in the decision; the requested relief
from the decision being appealed; any other information reasonably necessary to make a
decision on the appeal; and an appeal filing fee in the amount -" ,~rm cm
· ,., ......set forth in Chapter
3.36 PTMC. Any such appeal must be filed with the planning and building department no
later than 20 calendar days following the date on which the decision of the director was
mailed or otherwise became effective.
L. The planning and building department shall transmit the statement of appeal to the
board of adjustment, which shall by resolution schedule a hearing on the appeal and cause
notice of the hearing to be mailed to the applicant and to the appellant no later than 10 days
prior to the date of hearing. The notice shall be mailed and proof of the same shall be made
in accordance with subsection D of this section.
M. After hearing, the board shall consider the record of the decision of the director,
together with any and all information relied upon by the director in making its decision. The
board shall also consider testimony at the hearing and any other written submissions
submitted at or prior to the appeal hearing. Following the heating, the board shall make its
decision either affirming, reversing, or modifying the decision of the director. If a decision is
affirmed or modified, the decision shall represent the final deci'sion of the city, which may
thereafter be further appealed or reviewed as otherwise set forth in this rifle. If the decision
is reversed, it may be remanded to the director for further review or action consistent with
the board's decision, or the board may make its own findings of fact, conclusions and
decision.
N. Notwithstanding the provisions of this section for the review of minor variances
and minor conditional use permits by the director, the director may, in its discretion, elect
not to review the application pursuant to this section and may notify the applicant in writing
of its election not to do so, in which case the application shall be transmitted to the planning
commission of the city and reviewed in the same manner as any other variance or conditional
use permit application. Notice of the decision of the director to do so shall be mailed to the
applicant within seven days after filing of the application. The decision of the director
hereunder not to review the application pursuant to this section shall be final and not subject
to appeal.
O. In the event the director fails to comply with the time requirements herein, the city
council by motion may cause the application to be forwarded to the board, which may then
complete the administrative process.
(Ord.,,,945/ § 4, 1994; Ord. 2255 § 6, 1991).
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Section 5. Chapter 19.04 section 280 is hereby amended to read as follows:
19.04.280 Appeals.
A. Appeal of a Threshold Determination. The decision of the responsible official
making a threshold determination of nonsignificance (DNS) may be appealed to the city
council. When a threshold determination results in a determination of significance (DS), it
shall not be appealable. Review by the city council shall be on a de novo basis.
B. Appeal of Decision Denying or Attaching Conditions to a Proposal. The decision
of the responsible official approving a proposal subject to conditions or denying a proposal
under SEPA's :substantive authority may be appealed to the city council. Issues relating to the
adequacy of the EIS and other procedural issues may not be appealed under this section.
C. Who May Appeal. Any person aggrieved by a threshold determination may appeal
the decision; provided, however, a person may appeal only if they have previously filed
written comments to either the pending or threshold, determination. If no written comments
have been received on a threshold determination, there is no appeal period.
D. Time to Appeal Administrative Decision. A written statement appealing the
threshold determination of the responsible official must be filed with the planning and
building department within 15 calendar days of the date of publication of the threshold
determination or, if there is a comment period under WAC 197-11-340, by 5:00 p.m. of the
last day of the comment period. When the last day of the appeal period so computed is a
Saturday, Sunday or legal' holiday, the comment period shall run to 5:00 p.m. on the next
business day. The appeal shall be in writing and shall clearly identify each element of the
threshold determination being appealed.
E. Cost of Appeal. The cost of an appeal of the director's decision is ,men an ~,,,,^
~,~,.. ,:~+ ~h ........ ~ ~ ....... r ~, ~:~. sh~l be inthe amount set forth in
Chapter 3.36 PTMC.
F. Form of Appeal. A person or group apPealing the decision of the responsible
official shall submit the following to the department:
1. A brief statement indicating the facts that establish the appellant's right to
appeal;
2. A brief statement identifying specific objections to the decision being
appealed or identifying specific errors in fact on conclusion;
3. The requested relief from the decision being appealed;
4. The appeal fee or valid petition as established by this chapter; and
5. Any other information reasonably necessary to make a decision on the
appeal.
G. Notice. Notice of appeals shall be mailed to all parties of record not less than 15
days prior to the date of the public meeting to consider the appeal.
H. Scope of Review. Council review shall be limited to the following issues related to
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compliance with the city's substantive SEPA policies pursuant to PTMC 19.04.240:
1. Issues of council intent with respect to interpretation of the substantive
SEPA policies;
2. Issues raised concerning the sufficiency and the appropriateness of the
mitigation imposed; and
3. The approPriateness of denial or approval of a proposal based on the
substantive SEPA policies.
I. The council's review shall be on a de novo basis; provided, further, that members
of the committee of the council assigned the appeal and/or of the full council may make site
visits.
J. Council Action. The council may affirm, modify or reverse the responsible
official's decision, remand cases to the responsible official or the appropriate department
with directions for further proceedings or grant other appropriate relief. If the council
reverses or modifies the responsible official's decision, the council shall enter findings and/or
conclusions into the record to support the decision.
K. Time to Appeal City Council Decision to Superior Court. The decision of the
council on the administrative appeal must be appealed to superior court in conjunction with
an appeal of the underlying action in accordance with RCW 43.21C.075 and within the time
limits specified therein.
L. Judicial Appeals. The city shall give official notice under WAC 197-11-680
whenever it issues a permit or approval for which a statute or ordinance establishes a time
limit for commencing judicial appeals. Any judicial appeals shall be filed within the time
limits specified and pursuant to the provisions of WAC 197-11-680.
M. The city, applicant for or proponent of an action may publish a notice of action
pursuant to RCW 43.21C.080 for any action. The notice shall describe the action and state a
time limitation for commencing a challenge to that action. The form of the notice shall be
substantially in the form provided in WAC 197-11-990. The notice shall be published by the
department, applicant or proponent pursuant to RCW 43.21C.080.
N. Exemption. This section does not apply to decisions made pursuant to Chapter
90.58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation pertaining to
projects subject to Chapter 90.58 RCW shall be made to the shoreline hearings board along
with appeal of the city's shoreline decision.
(Ord.~,q:~l § 5, 1994; Ord. 2367 § 7, 1993).
Section 6. 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.
This ordinance shall become ~ffective upon its approval and publication in the form
and manner required by law.
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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 19th day of
December , 199 z,
Attest:
/
David A. Grove, Cler. Tld~~
Clise, l{,layor
Approved as to Form:
..... ~ ...... ' ~6,~r~'
~~.~L.'Mc~ah~, City Attorney
12/14/94CA§ ORDX {fee.doc}
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