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20.09.020    Repealed.

20.09.030    Repealed.

20.09.040    Repealed.

20.09.050    Repealed.

20.09.060    Repealed.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. No application shall be considered unless and until the fee has been paid to the finance director, 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B. Repealed by Ord. 2936.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 Nonpayment of any fees when due shall result in a determination by the director of DSD that an application has been withdrawn, suspending or terminating review of the application in accordance with Chapter 20.01 PTMC.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E. Repealed by Ord. 2936.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).

20.09.020 Building, land use and development fees.

Repealed by Ord. 2936. (Ord. 2892 § 1, 2005; Ord. 2867 § 3, 2004; Ord. 2864 § 5(Exh. D § 4), 2004; Ord. 2837 § 2(Exh. B § 17), 2003; Ord. 2792 § 4, 2001; Ord. 2788 § 1, 2001; Ord. 2762 § 2, 2001; Ord. 2689 § 1, 1999; Ord. 2583 § 2, 1997; Ord. 2523 § 1, 1996).

20.09.030 Environmental and design review fees.

Repealed by Ord. 2936. (Ord. 2892 § 1, 2005; Ord. 2788 § 1, 2001; Ord. 2627 § 1, 1998; Ord. 2523 § 1, 1996).

20.09.040 Publication and notice fees.

Repealed by Ord. 2936. (Ord. 2788 § 1, 2001; Ord. 2523 § 1, 1996).

20.09.050 Appeal fees.

Repealed by Ord. 2936. (Ord. 2892 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2788 § 1, 2001; Ord. 2583 § 3, 1997; Ord. 2533 § 1, 1996; Ord. 2523 § 1, 1996).

20.09.060 Other charges and fees.

Repealed by Ord. 2936. (Ord. 2788 § 1, 2001; Ord. 2583 § 4, 1997; Ord. 2523 § 1, 1996).

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 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: (i) the applicant receives Supplemental Security Income pursuant to 42 USC Sections 1381 through 1383, as now or hereafter amended; or (ii) 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 (iii) 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 (iv) 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 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 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 temporary 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 subsection (B)(2) of this section, the 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 a deferral of fees by written application to the city manager or his/her designee.

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 deferred 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. (Ord. 2867 § 2, 2004; Ord. 2788 § 1, 2001; Ord. 2735 § 1, 2000).

20.09.075 Deferral of fees.

In addition to fee refunds and deferrals pursuant to PTMC 20.09.070, the city manager is authorized to defer 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 recorded restrictive covenant or other security) as determined by the city manager protects the payment of the fee;

B. Not exceed a period of deferral of more than two years, or sale of property, whichever occurs first;

C. Not include deferral of any costs of notices, publication and other costs to the city;

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).