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20.09.020    Repealed.

20.09.030    Repealed.

20.09.040    Repealed.

20.09.050    Repealed.

20.09.060    Repealed.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. Unless the city has approved a fee deferral or waiver pursuant to Chapter 3.36 PTMC or PTMC 20.09.070, no application shall be considered unless and until the fee has been paid to the city, 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B. Repealed by Ord. 2936.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 Nonpayment of any fees when due shall result in a determination by the director of DSD that an application has been withdrawn, suspending or terminating review of the application in accordance with Chapter 20.01 PTMC.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E. Repealed by Ord. 2936.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. 3235 § 5 (Exh. E), 2019; 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Repealed by Ord. 2936.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 the adopted fee schedule 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. (Ord. 3235 § 5 (Exh. E), 2019; Ord. 2867 § 2, 2004; Ord. 2788 § 1, 2001; Ord. 2735 § 1, 2000).

20.09.075 Deferral of fees.

In addition to fee refunds in PTMC 20.09.070 and deferrals pursuant to PTMC 3.36.011, the city manager is authorized to defer land use and building permit application 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 lien or other security) as determined by the city manager protects the payment of the fee;

B. Be limited to the base permit fee and shall not include deferral of any costs of notices, publication and other costs to the city;

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

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. 3235 § 5 (Exh. E), 2019; 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. 3235 § 5 (Exh. E), 2019; Ord. 2788 § 1, 2001; Ord. 2523 § 1, 1996).