HomeMy WebLinkAbout06/28/2022 - Regular - Additional Docs ReceivedPublic Hearing
2O22Comp Plan Amendments (6A)
June 28,2022
Each speaker may address the Council once regarding tonight's public hearing.
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Alternative 1
ORDINANCE NO.
20. 182. 090, 2O.I82.LOO, 2O.L82.rrO, 2O.L82.L2O, 2O.L82. 1 30 TO
UPDATE THE CALCULATION, COLLECTION AND DISTRIBUTION
PROCEDURES FOR SCHOOL IMPACT FEES TO MAKE CONSISTENT
WITH THE INTERLOCAL AGREEMENT BETWEEN PORT ORCHARD
AND SOUTH KITSAP SCHOOL DISTRICT AND MAKING
HOUSEKEEPING AMENDMENTS CONSISTENT WITH EXISTING
ADMINSTRATIVE PROCEDURES; AMENDING SECTION 20.182.060
OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE FOR
ANNUAL CPI-U ADJUSTMENTS TO PARK IMPACT FEES; ADDING A
NEW SECTION 20.182.T28 TO THE PORT ORCHARD MUNCIPAL
CODE TO IDENTIFY THE PARKS RECREATION AND OPEN SPACE
PLAN AS THE CAPITAL PLAN FOR PARKS; ADOPTING A NEW PARK
IMPACT FEE SCHEDULE; PROVIDING FOR SEVERABILITY AND
CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington Growth Management Act, Chapter 36.704 RCW
and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides
adequate public facilities to serve development; and
WHEREAS, counties, cities, and towns that are required or choose to plan under RCW
36.70A.040 are authorized to impose impact fees on development activity as part of the
financing for public facilities, provided that the financing or system improvements to serve
new development must provide for a balance between impact fees and other sources of
public funds and cannot rely solely on impact fees; and
WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and
towns planning under the Growth Management Act (GMA) to impose impact fees for public
streets and roads, publicly owned parks, open space, and recreation facilities, and school
facilities, and fire protection facilities; and
WHEREAS, the City of Port Orchard has adopted transportation, school, and park
impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC)
and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance OO7-21; and
WHEREAS, the City Council finds that new development activity in the City of Port
Orchard will create additional demand and need for public facilities; and
Page L of 18
t
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Ordinance No. OXX
Page 2 of 18
WHEREAS, the City of Port Orchard has previously adopted a park impact fee program
pursuant to the authority provided in Chapter 82.02 RCW; and
WHEREAS, the City of Port Orchard last updated its park impact fee rates in 2011; and
WHEREAS, the City spent more than a year studying its parks and recreation system
and updating its Parks, Recreation and Open Space (PROS) Plan while also studying the
financial strategies and feasibility of funding its parks system; and
WHEREAS, that review included public outreach, Planning Commission study and
public hearing, as well as study sessions by the City Council; and
WHEREAS, on June 28,2022, the CityCouncil adopted a new Parks, Recreation and
Open Space Plan (PROS Plan)as part of the City's Comprehensive Plan, including updatingthe
capital project lists and capital facilities plan (Ordinance _); and
WHEREAS, the City contracted with Beckwith Consulting Group to prepare an updated
parks impact fee rate study and recommended impact fee rate, which was provided to the
City in April, 2021-; and
WHEREAS, the City has prepared an updated parks impact fee schedule based on the
findings and recommendations of the study prepared by Beckwith Consulting Group; and
WHEREAS, on April 19,2022, the City held a work study session on the updated parks
impact fee schedule; and
WHEREAS, on June 28, 2022, at its regular meeting the City Council considered the
updated parks impact fee schedule and the public testimony, and reviewed the ordinance
proposed for its adoption; and
WHEREAS, following the public hearing the City Council decided to reduce the impact
fees rate; and
WHEREAS, following the public hearing, upon the recommendation of staff, the City
Council also decided to add additional projects to the PROS Plan which projects were
reflected in the impact fee calculation; and
WHEREAS, the Council desires to have the impact fee take effect in two steps to ease
implementation and impacts on the payors; and
WHEREAS, the City Council desires to adopt an updated parks impact fee schedule to
ensure that all projects on the current parks capital facilities plan receive appropriate impact
fee funding per RCW Section 82.02.050; and
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Ordinance No.OXX
Page 3 of 18
WHEREAS, on February 9,2OLO, the Port Orchard City Council adopted Ordinance No
00L-10 to implement impact fees on behalf of the South Kitsap School District; and
WHEREAS, the District and the City have recently negotiated an lnterlocalAgreement
for how school impact fees will be calculated, collected, and managed; and
WHEREAS, the City Council authorized the updated lnterlocal Agreement by passage
of Resolution No. 077-22 on January 25, 2022 and the Agreement was executed by the City
on February 28,2022; and
WHEREAS, in order to make the City's impact fee chapter (Chapter 20.L82 POMC)
consistent with the lnterlocal Agreement, updates are needed; and
WHEREAS, additional housekeeping amendments are needed to provide consistency
with City practices; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for an expedited
15-day review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, the City Council conducted a public hearing on the substance of this
Ordinance on May 24,2022, and recommended its adoption by the City Council; and
WHEREAS, this Ordinance is exempt from the requirements of the State
Environmental Policy Act (SEPA), Chapter 43.21.C RCW, and the City's environmental
regulations, Chapter 20.160 POMC; and
WHEREAS, the City Council finds that the amendments herein are consistent with
goals and policies of the City's Comprehensive Plan and related regulations, and serve the
public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 2O.L82.02O of the Port Orchard Munic
to read as follows
1s80933.4 - 366922 -OO32
ipal Code is hereby amended
Ordinance No.OXX
Page 4 of L8
20.L82.O20 Applicabilityanddefinitions.
(1) Chapter 20.L84 POMC includes the definitions for this chapter and Chapter
20.180 POMC on concurrency management. The requirements of this chapter
apply to all development in the city, as "development" or "development activity"
is defined in Chapter IO.LZ POMC.
(2) Mitigation of impacts on parks and transportation facilities located in
jurisdictions outside the city will be required when:
(a)The other affected jurisdiction has reviewed the development's impact
under its adopted impact fee/mitigation regulations and has recommended to the
city that there be a requirement to mitigate that impact; and
(b) There is an interlocal agreement between the city and the affected
jurisdiction specifically addressing impact identification and mitigation.
(3) The director of communitv develooment shall be resoonsible for
administering thl
SECTION 3. Subsection 20.L82.060 of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.182.060 Fee schedules and establishment of service area.
(L) lmpact fee schedules setting forth the amount of the impact fees to be paid by
developers shall be adopted by ordinance of the city council and incorporated herein by
this reference. The impact fee schedules may be revised at any time the city council
deems just and appropriate.
(2) For the purpose of road and park impact fees, the entire city shall be
considered one service area.
(3) For the purpose of school impact fees, the entire boundary of the school
district shall be considered one service area.
(4) Transportation and__Barks_impact fees adopted by the city shall eaeh
automatically increase annually per CPI-U (All Urban Consumers lndex) (1982-L984=100),
not seasonally adjusted, for the Seattle-Tacoma-Bellevue area for that 12-month period
from January lst to December 3Lst indexed as the annual average, as is specified bythe
Bureau of Labor Statistics, United States Department of Labor. lncreases based on CPI-U
shall take effect on March lst of the following year.
SECTION 4. Section 20.182.070 of the Port Orchard Munici pal Code is hereby amended to
read as follows:
2O.L82.O7O Calculation of impact fees.
(1) Director Calculates the Fees. The director shall calculate the impact fees set
forth in Appendices &and B, and C. Such calcul
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Ordinance No. OXX
Page 5 of 18
dates at which the l . The superintendent
x
C The city council shall have the final decision on the establishment of the impact
fee schedule to be imposed under this chapter as set forth in Appendices A, B, and
C. The school distric
to be imoosed under this chaoter. includine soecific rates aoolicable to different
oroiect tvoes. however the Council has the authoritv to establish Appendix C.
(2) Factors Used in lmpact Fee Calculations. The calculation of impact fees shall
include the factors identified in RCW 82.02.040 through 82.O2.07O and shall:
(a) Determine the standard fee for similar types of development, which
shall be reasonably related to each development's proportionate share of the cost
of projects described in the project list for each type of impact fee.
(b) Reduce the proportionate share by applying the benefit factors
described in POMC 20.L82.080.
(3) Proportionate Share. ln calculating proportionate share, the following factors
shall be considered:
(a) ldentification of all park, school and transportation facilities that will be
impacted by users from development;
(b) ldentification of the point at which the capacity of a park, school or
transportation facility has been fully utilized;
(c) Updatingof the data as often as practicable, but at least annually;
(d) Estimation of the cost of construction of the projects in the project list
(see POMC 2O.182.L2O) for roads at the time they are placed on the list; the cost
of maintaining the city's level of park service as shown on Appendix B; and the
costs relating to the construction of school facilities, and to then update the cost
estimates at least annually, considering the:
(i) Availability of other means of funding park, school and
transportation facilities;
(ii) Cost of existing park, school and transportation facility
improvements;
(iii) Methods by which park, school and transportation facility
improvements were financed; and
(iv) An adjustment to the cost of the park, school and
transportation facilities for past or future payments or reasonably
anticipated to be made by new development to pay for particular
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Ordinance No. OXX
Page 6 of 18
system improvements in the form of user fees, debt service
payments, taxes or other payments earmarked for or proratable to
the particular system improvement.
SECTION 5. Section 20.182.080 of the Port Orchard Munici pal Code is hereby amended to
read as follows
20.182.080 Credits.
(1) Credit Allowed. The director
supe+in+enaen+ shall reduce the calculated proportionate share for a particular
development by giving credit for the benefit factors described in this section.
(2) Procedure for Obtaining Credit, Time to Request Credit. Requests for credits
against impact fees will not be considered unless the developer makes the request
in writing, concurrent with the submission of the application for the underlying
development permit triggering the impact fee. lmoact fee credits
eranted bv use of a develooment aqreement in accordance with the procedures
contained in Chapt
(3)BenefitFactors'Thedirector@willconsiderthefollowing
benefit factors when determining whether an impact fee credit is appropriate:
(a) Developer's dedication of land and/or construction of system
improvements. The value of any dedication of land for, improvement to, or new
construction of any system improvements provided by the developer, to facilities
required by the city that are identified in the capital facilities plan and that are
required by the city as a condition of approving the development activity, as long
as the following conditions are satisfied. For school impact fees, th€
superiM the director shall
ln_ggnsjdglng_the value of any dedication of land provided by the developer
identified in the school district's capital facilities plan as long as the following
conditions are satisfied to the extent applicable:
(i) The system improvements are located on land owned by the city
(or in the case of school imoact fees. bv the school district): and
(ii) A designated public owner is responsible for permanent,
continuing maintenance and operation of the system
improvements; and
(iii) The director determines that the system improvements
correspond to the type(s) of park, and-transportation._ot_schoql
system improvements that are reasonably related to the
development as determined pursuant to this chapter;
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Ordinance No. OXX
Page 7 of 18
(iv) The director determines, after consultation with the school
district, as applicable, and after an analysis of supply and demand
data, the parks, open space and recreation plan, the six-year road
plan and the adopted park and transportation plan, that the
proposed park and transportation system improvements better
meet the city's need for park and transportation system
improvements than would payment of funds to mitigate the park
and transportation impacts of the development;
(v) ln the determination of credit toward the impact fee, the
director @ shall also consider the extent to
which the proposed dedication or conveyance meets the following
criteria:
(A)The land should result in an integral element of the city
park/road system or in the school svstem;
(B) The land is suitable for future park, school and/or
transportation facilities;
(C) The land is of appropriate size and of an acceptable
configuration;
(D) The land has public access via a public street or an
easement of an equivalent width and accessibility;
(E) The land is located in or near areas designated by the
city or county on land use plans for park, trail or
recreational purposes, or, in the case of schools, is
appropriately located for school facilities;
(F) The land provides linkage between county and/or other
publicly owned recreation and transportation properties;
(G) The land has been surveyed or adequately marked with
survey monuments, or is otherwise readily distinguishable
from adjacent privately owned property;
(H) The land has no known physical problems associated
with it, such as the presence of hazardous waste, drainage
erosion or flooding problems which the director or
superintendent determines would cause inordinate
demands on public resources for maintenance and
operation;
(l)The land has no known safety hazards;
1580933.4 - 366922 -OO32
Ordinance No. OXX
Page 8 of 18
(J) The developer is able to provide documentation, as
nearly as practicable, of the land's compliance with the
criteria of this subsection, and of clear title;
(K) The developer is able to provide and fund a long-term
m ethod, a cce pta b I e to th e d i rector€1E-sup€1E+n+€ndl€{* fo r
the management and maintenance of the land, if
applicable.
(4) Requirement for System lmprovement Plan by City. When the director has
agreed to a developer's proposal to satisfy some or all of the impact feethrough
the purchase, installation and/or improvement of park and/or transportation
andloruehagl facilities, the developer shall prepare and submit a system
improvement plan to the director for approval prior to recordation of a plat or
short plat for subdivisions, and prior to issuance of a building permit for all other
developments.
(5) Statutory Benefit Factors. The director e++uperi+tenden+ may consider any
applicable benefit factors, as described in RCW 82.02.060 (as it now exists or may
hereafter be amended), that are demonstrated by the applicant not to be included
in the calculation of the impact fee.
(6) Amount of Credit. The credit against the impact fee shall be equal to the fair
market value of the purchased/dedicated property or equal to the eerttfted cost
of the completed system improvements. ln those situations in which a developer
has not yet installed or constructed system improvements and requests a credit
for the system improvement(s), the city engineer shall estimate the cost of the
system improvements, which shall be the credit allowed to the developer in the
decision on the amount of the impact fee. lf a credit is granted for a system
improvement that has not been constructed, the developer shall pay the full
impact fee without the credit, at the time established in POMC 2O.L82.LIO,
provided however that if the develooer oosts a oerformance bond or provides
other security to e
the pavment of the l
tees to Ue OeterreA
maximum impact fee . tt tne Oevetoper op
imoact fees rather t construction and/or
installation of the system improvement, the developer may request the credit
granted by the city engineer under this subsection, and the city shall refund the
difference of the impact fee to reflect the credit; provided, that if the city and the
property owner have entered into a development agreement on or before the
effective date of the ordinance codified in this section, and the agreement
requires the construction of such improvements, the city may allow a credit to be
subtracted from the impact fee paid at the time established in POMC 20.L82.L10.
1580933.4 - 366922 -0032
Ordinance No.OXX
Page 9 of 18
(7) PRDs, PUDs and Mobile Home Parks. A developer of a planned residential
development, a planned unit development, or a mobile home park may receive
credit only for park, school and transportation facilities provided in addition to
those normally required under SEPA for such developments, pursuant to the city's
SEPA ordinance (Chapter 20.L60 POMC).
(8) Credit to Apply Proportionately to Units. The amount of credit determined
pursuant to this section shall be credited proportionately among all the units in
the development, and the impact fee for each unit for which a permit or approval
is applied shall be reduced accordingly.
(9) Limits on Credit Requests. Applicants may not request that an impact fee credit
be provided for a proposed development based on taxes, user fees, assessments,
improvements, payments or other benefit factors applicable to property that is
not included within the proposed development. Credit to be paid back by the city
or the school district to a developer under this section shall not exceed the total
amount of the impact fees paid by the developer.
(10) Local lmprovement Districts. Applicants shall receive credit against the impact
fee equal to the amount of an LID assessment paid for transportation-related
system improvements identified by the director as increasing transportation
system capacity.
(11) Appeals of Credits. The director eruueeFin+€nd€n+ shall issue a written
decision on the developer's request for a credit of the impact fee calculation,
which shall explain why the credit was granted or denied. The developer may
request reconsideration and appeal the impact fee amount and credit pursuant to
POMC 20.!82.L60. lf the procedures in POMC 2O.t82.16O are not timely followed
to request an appeal of the credit, the directorS e+s++perin+e+Uen++decision on
the impact fee credit shall be final.
SECTION 6. Section 20.L82.090 of the Port Orchard Muni cipal Code is hereby amended to
read as follows:
20.182.090 Variation from impact fee schedule.
With respect to the transportation or park impact fee, if a developer submits
information demonstrating a significant difference between the age, social activity
or interest characteristics of the population of a proposed subdivision or
development and the data used to calculate the impact fee schedule, the director
may allow a special calculation of the impact fee requirements for the subdivision
or development to be prepared by the developer's consultant, at the developer's
cost; provided, that: the director shall have prior approval of the qualifications and
methodology of the developer's consultant in making such calculation, and any
1580933.4 - 366922 -0032
Ordinance No.OXX
Page 10 of 18
time period mandated by statute or ordinance for the approving authority's final
decision on the development shall not include the time spent in preparing the
special calculation. Whether the director accepts the data provided by the special
calculation shall be at the discretion of the director.
With respect to a school impact fee, if a developer submits evidence
demonstrating that a development has obtained approval of an age-restricted
development in accordance with applicable federal regulations or that a
development has recorded a covenant against the development prohibiting
occupancy of the development by a population who are not eligible to attend
schools within the school district, the difeetOf s{rp€rin+enden+ may allow a special
calculation of the impact fee requirement for the development after_eonsultatlgn
lvjth a++h€dis€+€+ieirq-€+-t h e s u p e ri nte n d e nt of t h e sch oo I d i st ri ct.
SECTION 7. Section 20.182.L00 of the Port Orchard Munici pal Code is hereby amended to
read as follows
20.182.100 Payment of fees.
(1) All applicants for development, including changes in use, shall pay an impact
fee in accordance with the provisions of this chapterwhich shall be calculated by
the city er seheel distriet at the time that the building olother tBpleAble permit
is ready for issuance. Applicants/developers may choose to pay impact fees or a
portion thereof prior to the city's issuance of a building permit-othel_aBpleablq
pgmit_erchangcjn_usc, but if the early payment is less than the fee calculated at
the time the building er_alher-appljeabls permit is ready for issuance efihclhange
iruse-talescffeA, the applicant/developer shall pay the difference. lf the early
payment is more than the fee calculated at the time the building permit or_Athcl
aBBlteable_Bermjt is ready for issuance or the change of use takes effect, the city
or school district shall refund the difference.
(2) The impact fee shall be recalculated if the development is modified or
conditioned in such a way as to alter park, school or transportation impacts for
the development.
(3) A developer may obtain a preliminary determination of the impact fee before
submitting an application for the development permit or use change by providing
the director er+uper-in+enden+ with the information needed for processing
together with the applicable fee. Such determinations are provided to the
developer as estimates only, and they are not binding on the city, given the limited
information needed to calculate the preliminary impact fee amount and the fact
that the city or school district annually updates the project list and impact fee
schedule. ln addition, impact fees are not subject to the vested rights doctrine,
and the fee actually paid by the developer will be the impact fee in effect at the
1s80933.4 - 366922 -0032
Ordinance No. OXX
Page 11 of 18
time of building or other applicable permit issuance or change of use, regardless
of any preliminary determinations unless otherwise a
asreement or imoact fee credit aereement.
SECTION 8. Section 2O.L82.LLO of the Port Orchard Municipal Code is hereby amended to
read as follows
2O.L82.LLO Time of payment of impact fees.
(1) Payment of any required impact fees shall be made as a condition of the
issuance of a building permit or a stormwater permit, except as provided in
subsection (a) of this section.
(2) lmpact fees may be paid under protest in order to obtain the necessary
permits/approvals until an appeal of the fee amount is finally resolved.
(3) When a subdivision or development is conditioned upon the dedication of land,
or the purchase, installation or improvement of park.--sehool and/or
transportation facilities, a final plat or short plat shall not be recorded, and a
building permit within such plat or development shall not be issued until:
(a) The director has determined in writing that the land to be dedicated is
shown on the face of the final plat or short plat, or a deed conveying the land to
the city, the school district or special purpose district, as appropriate, has been
recorded with the county auditor; and
(b) The director has determined in writing, after consultation with the
designated public owner responsible for permanent, continuing maintenance and
operation of the facilities that the developer has satisfactorily undertaken or
guaranteed to undertake in a manner acceptable to the director or
superintendent, any required purchase, installation or improvement of school,
park or transportation facilities.
(4) Deferral of Payment of lmpact Fees. Payment of impact fees for single-family
attached or single-family detached residential dwelling units may be deferred only
until issuance of certificate of occupancy or equivalent certification, pursuant to
RCW 82.02.050(3), subject to the following provisions:
(a) Each applicant, in accordance with his or her contractor registration
number or other unique identification number, is entitled to annually receive
deferrals under this section for the first 20 single-family residential construction
building permits per city. Any single-family residential building construction
permits beyond 20for the same applicant are subject to payment of impact fees
1s80933.4 - 366922 -OO32
Ordinance No. OXX
Page 12 of 18
at the time of building permit issuance as required by subsection (1) of this
section.
(b) A request for deferral must be submitted prior to issuance of a building
permit.
(c) Application for deferral must be made on a form provided by and
acceptable to the city and must include the following information and fees:
(i) Name, address, telephone number and email address of the
applicant.
(ii) The specific address, legal description and tax identification
number of the single-family dwelling for which deferral is being
requested.
(iii) The building permit application number associated with the
requested deferral.
(iv)The registration number or other unique identification number
for the contractor that will be building the structure.
(v) A statement by the contractor describing how many deferrals
have been granted during the current year for said contractor,
describing how many have been requested during the current year,
and attesting that the number provided and/or requested is less
than 20 for the current calendar year.
(vi) Applicable fees for processing the application and for future
monitoring of the deferred payment of impact fees are required in
addition to fees required by this chapter. Deferral application fees
shall include:
(A) Minimum of four hours base administration fee, at the
hourly staff rate required by the development fee schedule
adopted in the city's fee resolution, and payable at the time
of application submittal.
(B) Minimum of four hours administration fee at the current
hourly staff rate to cover additional time spent processing
of final payment of impact fees, including but not limited to
preparation of lien release documents, payable before the
lien release document shall be released to the applicant.
(d) No more than one single-family dwelling may be included on a single
application for impact fee deferral.
1580933.4 - 366922 -OO32
Ordinance No. OXX
Page 13 of 18
(e) lmpact fees shall be calculated on the fees in place at the time that the
applicant applies for a deferral.
(f) lmpact fees deferred under this section are due no later than the
following events, whichever occur first:
(i) lssuance of certificate of occupancy or equivalent certification
for the single-family dwelling; or
(ii) Eighteen months from the date of the building permit issuance.
(g) An applicant seeking a deferral under this subsection must grant and
record a deferred impact fee lien against the property in favor of the city of Port
Orchard. The deferred impact fee lien must include the legal description, tax
account number, and address of the property, and must also be:
(i) ln a form approved by the city attorney which ensures that it is
binding on all successors on the title to the property after
recordation;
(ii) Siened by all owners of the property, with all signatures
acknowledged as required for a deed, and recorded with the Kitsap
County auditor's office; and
(iii) Junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person
who applied for the deferral of impact fees.
(h) The city may withhold a certificate of occupancy or equivalent
certification untilthe impact fees are paid in full. Upon receipt of final payment of
all deferred impact fees for a property, and upon payment of all applicable
administration fees in the city's fee resolution, the city must execute a release of
deferred impact fee lien for the property. The property owner at the time of the
release, at his or her expense, is responsible for recording the lien release.
(i) Foreclosure Proceedings. lf impact fees are not paid in accordance with
a deferral authorized by this section, the city may institute proceedings to enforce
the lien in accordance with Chapter 61.12 RCW.
(j) Obligation to Pay. The extinguishment of a deferred impact fee lien by
the foreclosure of a lien having priority does not affect the obligation to pay the
impact fees as a condition of issuance of certificate of occupancy or equivalent
certification.
(k) Deferral Process Not Subject to Review Proceedings. Per RCW
36.708.140(2), the processing of an impact fee deferral application is not subject
to the project permit review requirements of Chapter 36.708 RCW.
1s80933.4 - 366922 -OO32
Ordinance No. OXX
Page 14 of 1-8
SECTION 9. Section 20.L8.I2O of the Port Orchard Munici pal Code is hereby
amended to read as follows
2O.I82.L2O Projectlist.
(1) The director shall annually review the city's parks, open space and recreation
plan, the six-year road plan and the projects listed in Appendices A and B and shall:
(a) ldentify each project in the comprehensive plan that is growth-related and the
proportion of each such project that is growth-related;
(b) Forecast the total money available from taxes and other public sources for park
and transportation improvements for the next six years;
(c) Update the population, building activity and demand and supply data for park
and transportation facilities and the impact fee schedule for the next six-year
period;
(d) Calculate the amount of impact fees already paid;
(e) ldentify those comprehensive plan projects that have been or are being built
but whose performance capacity has not been fully utilized.
(2) The director shall use this information to prepare an annual draft amendment
to the fee schedule in Appendices A and B, which shall comprise:
(a) The projects in the comprehensive plan that are growth-related and that
should be funded with forecast public monies and the impact fees already paid;
and
(b) The projects already built or funded pursuant to this chapter whose
performance capacity has not been fully utilized.
(3) The city council, at the same time that it adopts the annual budget and
appropriates funds for capital improvement projects, shall, by separate ordinance,
establish the annual project list by adopting, with or without modification, the
director's draft amendment.
(4) Once a project is integrated into the fee schedule in Appendices A and B, a fee
shall be imposed on every development until the project is removed from the
project list by one of the following means:
(a) The city council by ordinance removes the project from the project list and
Appendix A and/or B, in which case the fees already collected will be refunded if
necessary to ensure that impact fees remain reasonably related to the park and
transportation impacts of development that have paid an impact fee; provided,
that a refund shall not be necessary if the counciltransfers the fees to the budget
1s80933.4 - 366922 -OO32
Ordinance No. OXX
Page 15 of 1-8
of another project that the council determines will mitigate essentially the same
park and transportation impacts; or
(b) The capacity created by the project has been fully utilized, in which case
the director shall remove the project from the project list.
(5)The school district shall annually review and update its capitalfacilities portion
of the city's comprehensive plan and submit such updated plan to the city by July
Lst of each year. The school district's updated capital facilities plan shall identify
projects that are growth-related, include the amount of school impact fees paid,
calculate the impact fees as required by RCW 82.02.050 through 82.02.090, and
may include a proposed school impact fee schedule adjustment to Appendix C, for
eonstdsationiyind-a d o pt i o n b y t h e c i ty co u n c i I injtssslc-tltseretisn.
SECTION 10. A new Section 2O.I82.I28 is hereby added to the Port Orchard Municipal
Code to read as follows:
2O.L82.L28 Designation of capital facilities plan for parks.
The city designates the Parks Recreation and Open Space Plan (PROS Plan) as the
city's comprehensive capital facilities plan for the purpose of identifying the
proposed parks improvement projects reasonable and necessary to meet the
future development needs of the service area consistent with the city's level of
service policy, as required by RCW 82.02.050. The PROS Plan identifies the specific
subset of parks improvements in the impact fee project list that forms the basis
for the parks impact fee program.
SECTION 11. Section 2O.L82.L3O of the Port Orchard MunicipalCode is hereby amended
to read as follows:
2O.L82.L3O Funding of projects.
(1) An impact fee fund is hereby created for parks and transportation fees.
Separate accounts shall be established for each fee type. The school district shall
be responsible for the creation of its own impact fee fund and shall be solely
responsible for the deposit of fees in such fund following transfer ,
and the calculation/use/refund of such fees. The school distric
impact tee tunOs in a
Uetween tfre sctrool The director shall be the manager of the
city's fund. The city shall place park and transportation impact fees in appropriate
deposit accounts within the impact fee fund.
(2) The parks and transportation impact fees paid to the city shall be held and
disbursed as follows:
(a)The fees collected for each project shall be placed in a deposit account
1580933.4 - 366922 -0032
Ordinance No. OXX
Page 16 of 18
within the impact fee fund, with the exception of school impact fees, which shall
be collected bV
for deposit into the school district impact fee fund;
(b)When the council appropriates capital improvement project (ClP)funds
for a park or transportation project on the project list, the park or transportation
fees held in the impact fee fund shall be transferred to the CIP fund. The
nonimpact fee monies appropriated for the project shall comprise both the public
share of the project cost and an advancement of that portion of the private share
that has not yet been collected in park or transportation impact fees;
(c) The first money spent by the director on a project after a council
appropriation shall be deemed to be the fees from the impact fee fund;
(d) Fees collected after a project has been fully funded by means of one or
more council appropriations shall constitute reimbursement to the city of the
funds advanced for the private share of the project. The public monies made
available by such reimbursement shall be used to pay the public share of other
projects;
(e) All interest earned on impact fees paid shall be retained in the account
and expended for the purpose or purposes for which the impact fees were
imposed.
(3) Projects shall be funded by a balance between impact fees and public funds,
and shall not be funded solely by impact fees.
(4) lmpact fees shall be expended or encumbered for a permissible use for 10
years after receipt, unless there exists an extraordinary or compelling reason for
fees to be held longer than 1-0 years. The director may recommend to the council
that the city hold park or transportation fees beyond 10 years in cases where
extraordinary or compelling reasons exist. Such reasons shall be identified in
written findings by the council. The superintendent of the school district shall
prepare written findings evidencing such extraordinary or compelling reason for
fees to be held longer than L0 years which findings shall be approved by the board
of directors of the school district.
(5) The school district and the director shall prepare an annual report on the
impact fee accounts showing the source and amount of all monies collected,
earned or received and system improvements that were financed in whole or in
part by impact fees. The school district shall be responsible for compliance with
RCW 82.02.070.
SECTION 12. Adoption of Parks lmpact Fee Schedule. ln accordance with POMC
20.L82.O6O, the City Council hereby adopts a new parks impact fee schedule which is attached to
1580933.4 - 366922 -OO32
Ordinance No. OXX
Page 17 of 18
this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This
parks impact fee schedule shall become effective on the effective date established in Section 15
below and shall replace and supersede any previously adopted parks impact fee schedule. No
other lmpact Fee Schedules (transportation or school district) are modified by this Ordinance.
SECTION 13. Special effect. Section 12 of this Ordinance is deemed of special effect and
shall not be codified.
SECTION 14. Effective Date of New Park lm pact Fee Schedule. The Park lmpact Fee
Schedule which is adopted pursuant to Section 12 of this Ordinance shall take effect and be in
full force and effect on 12:01 AM on August L,2022 with the second increase taking effect on
5:00 PM on February 28,2023 as set forth in Exhibit A.
sEcTroN 15 Severability. lf any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 16. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 17. Effective Date. This ordinance shall be posted and published as required by
law and shall be effective and in full force five (5) days following publication. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this
-
day of 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, CMC, City Clerk
1580933.4 - 366922 -0032
Ordinance No.OXX
Page L8 of L8
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE
Sponsored by:
, Councilmember
1580933.4 - 366922 -0032
Exhibit A to Ordinance No. XXX-22
Park lmpact Fee Effective August I,2022 at L2:01am through February 28,
20 2022
t
Sources:
ELOS Value - Port Orchard Park, Recreation, & Open Space (PROS) PIan, 2021
Persons/type housing unit - OFM 2021, ADU Based on City Estimate
Park lmpact Fee Effective February 28th,2023, at 5:00 pm
20A 2022
Housing product
Single-family
Accessory Dwelling Unit
Duplex
Tri and Quadplex
Multiplex - 5 or more units
Manufactured homes
Housing product
Single-family
Accessory Dwelling Unit
Duplex
Tri and Quadplex
Multiplex - 5 or more units
Manufactured homes
ELOS/
person
$ 3,349
$3,349
$3,349
$3,349
$3,349
$3,349
ELOS/
person
$3,349
$3,349
$3,349
$3,349
$3,349
$3,349
Persons,/
unit
2.84
1.00
2.05
2.01
2.00
2.37
Percent
charged
35%
3s%
35%
3504
3504
35%
Percent
charged
57%
57%
s7%
57%
57%
5704
Impact
fee/
unit
Impact
fee/
unit
$3,329
$2,344
$2,403
$2,3 56
$2,344
$2,778
$5,421
$2,344
$3,913
$3,83 7
$ 3,818
$4,s24
Persons/
unit
2.84
1.00
2.05
2.01
2.00
2.37
Sources:
ELOS Value - Port Orchard Park, Recreation, & Open Space (PROS) Plan, 2021
Persons/type housing unit - OFM 2021, ADU Based on City Estimate
ct Fee SchedulePark Im
Park Im ct Fee Schedule