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3.36.015    Repealed.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.

A. Application fees for the various applications, permits and utility connections set forth below shall be as provided in this chapter. No application shall be considered, nor shall any permit or utility connection be allowed, unless and until the fee has been paid to the city treasurer, which fee shall not be refundable unless the application is withdrawn in writing prior to the date of the first hearing scheduled on the application.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 city treasurer and any and all costs incurred by the city deducted from fees paid.

B. Major Projects. Some of the application fees set forth in PTMC 3.36.015 vary depending upon whether the proposed development project is for a “major” versus a “minor” project. The term “major project” includes the following: planned unit developments, as defined in Chapter 17.40 PTMC, in excess of five acres; all long subdivisions, as defined in PTMC Title 18; and all commercial projects in excess of 10,000 square feet. (Ord. 2892 § 1, 2005; Ord. 2507 § 1, 1996; Ord. 2492 § 1, 1995; Ord. 2173 § 1, 1989; Ord. 2050 § 1, 1986).

3.36.011 System development charge, building fees, and utility connection charges – 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), building fees, and utility connection charges for a private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families, as defined in this section.

B. Definitions. The following definitions shall apply to the administration of this section:

1. “Low-income” means the dwelling shall be owned and occupied by a person or persons who meet at the time of building permit application the eligibility requirements for the private or public nonprofit organization which is developing or constructing low-income housing. To establish qualifications under this section, the private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families shall provide the city manager with a statement, in a form acceptable to the city, that the owner meets the qualifications under this chapter.

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. To qualify for deferrals, all private or public nonprofit organizations shall assure that the project development includes “sweat equity,” defined as labor contributed by the prospective homeowner and/or volunteer labor contributed through community donation. For purposes of this section, municipal public housing authorities established pursuant to Washington law shall be considered public nonprofit organizations.

3. “Building fee” means any fee in connection with a building permit application, including, but not limited to, inspections, plan review, related building fees (demolition, mechanical, plumbing, etc.), fire code fees (including fire alarm fees), and street development permits.

“Building fees” does not mean or include 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.

Any fees for pre-application conference, technical conference, or the like would be waived to the percentage proportionate to the extent the activity relates to building fees.

4. “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, collection of system development charges, building fees, and utility connection charges to serve single-family or multifamily residences may be deferred at the request of a private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families. To qualify for such deferral, deferral requests shall be made in writing to the city manager.

The amount of the fee waived shall be a percentage proportionate to the amount of the project that is low-income; i.e., if the project is 20 percent low-income housing, 20 percent of the total fee would be waived.

D. Recording. All deferrals granted shall be recorded as a real property lien receivable in the applicable utility fund records until such time as the deferral has been repaid to the city, or as provided in this chapter.

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 deferral account in the applicable utility, as follows:

1. The applicant (“private or public nonprofit organizations”) shall covenant in form acceptable to the city that the property will be sold to a person or persons who meet, at the time of building permit application, the applicant’s eligibility requirements. If within 20 years of the date of building permit application the property is sold, and the new buyer meets the applicant’s eligibility requirements, then no repayment is required.

2. After 20 years from the date of the original deferral, there is no requirement to repay the deferred fee and the fee shall be considered waived, subject to subsection (E)(3) of this section.

3. If within 20 years of the date of building permit application the property is sold, and the new buyer does not meet the eligibility requirements of this section, then repayment of the deferred fee is required in full, without interest. Default interest rate (for example, a sale to a nonqualifying person occurs, and repayment of the deferred fee does not occur simultaneously with the transfer of the property) shall be 12 percent simple interest.

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, except for financing provided by or through the private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families, unless the city manager determines that the city receives adequate security for repayment from a junior security instrument.

F. Limitation. The program is limited as follows: for building fees and utility connection charges, four dwelling units per applicant per year; for SDC, no limit. Requests for deferrals for building fees and utility connection charges above the limit are subject to approval by the city council on a case by case basis. The council would evaluate, among other things, the impact to city department budgets from processing an increased number of deferral requests.

G. Reporting. At least annually, the city manager 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. (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. (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 clerk-treasurer may require reasonable advance deposits for utility and garbage 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).

3.36.050 Fees – Fire department permits and inspections.

Application and service fees for the various permits and inspections required by the fire department shall be as follows:

A. Small residential burning permit (noncommercial applications for permits for fires not larger than eight feet in circumference and four feet in height), $1.00;

B. Commercial burning permit (for all fires larger than eight feet in circumference and four feet in height, $25.00;

C. Wood stove (solid fuel) inspection, $25.00;

D. One-bedroom and two-bedroom bed and breakfast safety inspection:

1. Initial inspection, $40.00;

2. Annual inspection, $20.00. (Ord. 2492 § 1, 1995; Ord. 2340 § 1, 1993).

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 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. (Ord. 2702 § 1, 1999).