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3.36.015    Repealed.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3.36.050    Repealed.

3.36.060    Fees – Police department fee for fingerprinting.

3.36.070    Fees – Street vendor application and license.

3.36.010 Fees – General.

Application fees for the various applications, permits and utility connections set forth below shall be as provided in this chapter. Unless the city has approved a fee deferral or waiver pursuant to this chapter or PTMC 20.09.070, no application shall be considered, nor shall any permit or utility connection be allowed, unless and until the fee has been paid to the finance director, which fee shall not be refundable unless the application is withdrawn in writing prior to the date of the first hearing scheduled on the application.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 finance director and all costs incurred by the city deducted from fees paid. (Ord. 3235 § 2 (Exh. B), 2019; 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. The city shall allow deferral of payment of system development charges (SDCs), building fees, and utility connection charges for a private or public nonprofit organization that is developing or constructing housing units for low-income households, as defined in this section. The city manager or designee is authorized and directed to administer the program and in such connection may promulgate forms and administrative regulations from time to time to carry out the intent and purpose of this chapter.

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

1. “Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development.

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. For purposes of this section, municipal public housing authorities established pursuant to Washington law shall be considered public nonprofit organizations.

3. “Building fee” means the building permit base fee, including related inspections, plan review, demolition, mechanical, plumbing, energy, addressing and street development permits.

“Building fee” does not mean or include state building permit fee, fire code fees (including fire alarm/fire sprinkler fees), 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), technology or record retention 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 or designee, collection of system development charges, building fees, and utility connection charges to serve single-family or multifamily residences shall be deferred at the request of a private or public nonprofit organization which is developing or constructing housing units for low-income households. To qualify for such deferral, deferral requests shall be made on forms provided by the city.

For mixed-income/mixed-use development, the amount of the fees deferred shall be a percentage proportionate to the low-income housing provided; e.g., if 20 percent of the square-footage of the project is dedicated to low-income housing, 20 percent of the total fees would be eligible for deferral up to the limit specified in subsection F of this section.

D. Recording. All deferrals granted shall be recorded as a real property lien until the deferral has been repaid to the city, or waived as provided in this chapter. The lien shall run with the land and apply to subsequent owners.

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 in the applicable utility, as follows:

1. The applicant (“private or public nonprofit organizations”) shall record a real property lien, in a form approved by the city, agreeing and covenanting that the property will be sold or rented to a person or persons who meet, at the time of certificate of occupancy, the eligibility requirements of this section. The agreement shall specify the waiver/repayment period, criteria for waiver, reporting requirements and shall acknowledge the city’s right to audit (pursuant to subsection
G of this section).

a. For projects subject to an equivalent housing program: If the applicant conclusively demonstrates, to the satisfaction of the city manager, that the units will be monitored by a federal, state, or city program that requires units be reserved for low-income households for a minimum of 20 years, the city manager may waive the lien, city reporting requirement and eligible fees.

b. For all other projects: If, after 20 years from the date of certificate of occupancy, the applicant demonstrates the property has been consistently sold/rented to households meeting the eligibility requirements in this code, then no repayment is required, subject to subsection (E)(1)(c) of this section.

c. If within 20 years of the date of the certificate of occupancy the property is sold or rented, and the new buyer or tenant does not meet the eligibility requirements of this section, then repayment of the deferred fee is required 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.

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 to the extent allowed by law.

F. Limitation.

1. The program is limited as follows:

a. For eligible single-family units: For building fees and utility connection charges, four dwelling units per applicant per year; for SDCs, no limit.

b. For eligible multifamily units: For building fees and utility connection charges, up to $10,000 per project; for SDCs, no limit.

2. Requests for deferrals above the limit are subject to approval by the city council on a case-by-case basis. The council would evaluate, among other things, number of entities expected to request deferrals within the current budget cycle, the impact to city department budgets from processing an increased number of deferral requests.

G. Reporting.

1. Fee Deferral Report Content. Within the time periods specified in subsection (G)(2) of this section, the owners of property with an active fee deferral shall submit to the city finance director:

a. A signed affidavit that units are occupied in accordance with the terms of the lien.

b. Any additional information deemed necessary by the finance director to determine compliance with the terms of the lien.

c. Acknowledgment that the city retains the right to audit as per the terms of the lien.

2. Fee Deferral Report Timing.

a. For units under private ownership, reports are due to the finance director prior to close of escrow and at the end of the period specified by the lien.

b. For rental units, reports are due to the finance director in the first quarter of each calendar year and at the end of the period specified by the lien.

3. Budget Impact. At least annually, the finance director or designee shall report to the city council on the amount of deferral requests and deferred fees. (Ord. 3235 § 2 (Exh. B), 2019; Ord. 3052 § 1 (Exh. A § 1), 2011).

3.36.015 Fees – Building and land use.

Repealed by Ord. 2580. Refer to Chapter 20.09 PTMC. (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. 3235 § 2 (Exh. B), 2019; 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. 3235 § 2 (Exh. B), 2019; 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. 3235 § 2 (Exh. B), 2019; Ord. 2492 § 1, 1995; Ord. 2290 § 2, 1992; Ord. 2050 § 3, 1986).

3.36.040 Utility and garbage deposits.

The city may require reasonable advance deposits for utility 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. 3235 § 2 (Exh. B), 2019; Ord. 2492 § 1, 1995; Ord. 2310 § 1, 1992; Ord. 2290 § 2, 1992).

3.36.050 Fees – Fire department permits and inspections.

Repealed by Ord. 3235. (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. 3235 § 2 (Exh. B), 2019; 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 and Performances 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. The street performer license pursuant to Chapter 5.32 PTMC, which is valid for 12 months, shall be $100.00. (Ord. 3235 § 2 (Exh. B), 2019; Ord. 3114 § 3, 2014; Ord. 2702 § 1, 1999).