013-22 - Ordinance - Amending Chapter 20.182 Park and School Impact FeesDocuSign Envelope ID: B2579A07-6DDC-43BA-A76F-7604D5420902
ORDINANCE NO. 013-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PARK AND SCHOOL IMPACT FEES, AMENDING
CHAPTER 20.182 OF THE PORT ORCHARD MUNICIPAL CODE,
AMENDING SECTIONS 20.182.020, 20.182.070, 20.182.080,
20.182.090, 20.182.100, 20.182.110, 20.182.120, 20.182.130 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 20.182.128 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 WITH A PHASED INCREASE; PROVIDING
FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A 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 007-21; 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
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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 City Council adopted a new Parks, Recreation and
Open Space Plan (PROS Plan) as part of the City's Comprehensive Plan, including updating the
capital project lists and capital facilities plan (Ordinance 024-22); 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 deliberated alternatives that
would phase in the park impact fee rate increase over time to reduce immediate impact of
the increase and referred the ordinance back to the City Council Work Study meeting on July
19, 2022; and
WHEREAS, on July 19th, the City Council deliberated various alternatives for phasing
in the park impact fee rate increase and directed staff to bring forward a two-step increase
as shown on Exhibit A for consideration; 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 the updated two-step parks impact fee
schedule to ensure that all projects on the current parks capital facilities plan receive
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appropriate impact fee funding per RCW Section 82.02.050; and
WHEREAS, on February 9, 2010, the Port Orchard City Council adopted Ordinance No.
001-10 to implement impact fees on behalf of the South Kitsap School District; and
WHEREAS, the District and the City have recently negotiated an Interlocal Agreement
for how school impact fees will be calculated, collected, and managed; and
WHEREAS, the City Council authorized the updated Interlocal Agreement by passage
of Resolution No. 017-22 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 20.182 POMC)
consistent with the Interlocal 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 43.21C 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 I. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 20.182.020 of the Port Orchard Municipal Code is hereby amended
to read as follows:
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20.182.020 Applicability and definitions.
(1) Chapter 20.184 POW 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 20.12 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) Ihe director Of- Community development.II be responsible for
administering this chapter and the im act fee program f r the ci .
SECTION 3. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.182.060 Fee schedules and establishment of service area.
(1) Impact 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 parks. -impact fees adopted by the city shall each
automatically increase annually per CPI-U (All Urban Consumers Index) (1982-1984=100),
not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12-month period
from January 1st to December 31st indexed as the annual average, as is specified by the
Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U
shall take effect on March 1st of the following year.
SECTION 4. Section 20.182.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.182.070 Calculation of impact fees.
(1) Director Calculates the Fees. The director shall calculate the impact fees set
forth in Appendices A,aod B,; and C. Such calc!.Eation_sh_ali include dete[miningthe
dates at which the impact fees_are due and whiCh rates ap, . The supeOnten dent
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district Shall Pa.1-i late the sehooi 9mr.•-.-4 { Fth [- Ar--r n dix
G: 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 district shall prQpose to the City its reouested_imoact fee schedule
to �e im po sed under th i5 cha pter. i ncl u d i ng specif' ates a ppl ica bl to f t
protect types, however the CounclI has the authority to_estab10sh Appendix C.
(2) Factors Used in Impact Fee Calculations. The calculation of impact fees shall
include the factors identified in RCW 82.02.040 through 82.02.070 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 20.182.080.
(3) Proportionate Share. In calculating proportionate share, the following factors
shall be considered:
(a) Identification of all park, school and transportation facilities that will be
impacted by users from development;
(b) Identification of the point at which the capacity of a park, school or
transportation facility has been fully utilized;
(c) Updating of 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 20.182.120) 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
system improvements in the form of user fees, debt service
payments, taxes or other payments earmarked for or proratable to
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the particular system improvement.
SECTION S. Section 20.182.080 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.182.080 Credits.
(1) Credit Allowed. The director, -, , the
StApeFIFAERdePA-, 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. Impact fee credits may only be
ranted by use of development a r e ent in c With the procedures
contained in Chapter 20.26 POMO.
(3) Benefit Factors. The director and/er ,n.,n�a, t will consider the following
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, tie
SUP2FlRt2RdeRt shall reps the director s 11 Qnsult with the superintendent
in considering; 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 im>aact fees, by 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, ap4-transportation, or school
system improvements that are reasonably related to the
development as determined pursuant to this chapter;
(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
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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) In the determination of credit toward the impact fee, the
director ^F the r„peFIR RRdent 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 c ❑ s ste ;
(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;
(1) The land has no known safety hazards;
(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;
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(K) The developer is able to provide and fund a long-term
method, acceptable to the director or superiRteR eRt, for
the management and maintenance of the land, if
applicable.
(4) Requirement for System Improvement Plan by City. When the director has
agreed to a developer's proposal to satisfy some or all of the impact fee through
the purchase, installation and/or improvement of park and/or transportation
and/or school 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 of superiRtendent 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 c ' Le(i cost
of the completed system improvements. In 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. If 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 20.182.110,
provided however that if the developer posts_a performance bond or provides
other security to ee completion of the_system im�arovement aril/or to se_ure
the payment of the impact fees. thp, Citya alloWa e t o t e' act
fs to be deferred until the system improvement is completed and the final
maximum impact fee credit has been calculated. If the develo r o is to a the
impact fees rather tharL st a bond,then a e e ,4#PK-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 20.182.110.
(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
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SEPA ordinance (Chapter 20.160 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 Improvement 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 BF superintendent 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 20.182.160. If the procedures in POMC 20.182.160 are not timely followed
to request an appeal of the credit, the director's eF 5WP2F'Rt .RdQPVr decision on
the impact fee credit shall be final.
SECTION 6. Section 20.182.090 of the Port Orchard Municipal 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
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.
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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 director superintendent may allow a special
calculation of the impact fee requirement for the development after consultation
with at the r isrot-1ien of superintendent of the school district.
SECTION 7. Section 20.182.100 of the Port Orchard Municipal 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 chapter which shall be calculated by
the city or school disc at the time that the building or oth 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_ other applicabbee
permit. or chanee in use but if the early payment is less than the fee calculated at
the time the building or oth_ r� icab!_e permit is ready for issuance ar the chan Q.
in use takes effect, the applicant/developer shall pay the difference. If the early
payment is more than the fee calculated at the time the building permit or Xhfe
applicable permit 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
1 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 supenipfpnde 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. In 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
time of building or other applicable permit issuance or change of use, regardless
of any preliminary determinations uWgs _ erwise agreed by development
Ia greement a Li moact fe e c e dit agLe2ment.
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SECTION 8. Section 20.182.110 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.182.110 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 (4) of this section. School impaGt fee6 shall be paid to the-ssheel
..hnnl dbst dGt to the City f0F 15 Of thn haul. 'Ag .-.
(2) Impact 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, school. 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 Impact 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 orother 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 20 for the same applicant are subject to payment of impact fees
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.
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(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.
(e) Impact fees shall be calculated on the fees in place at the time that the
applicant applies for a deferral.
(f) Impact fees deferred under this section are due no later than the
following events, whichever occur first:
(i) Issuance of certificate of occupancy or equivalent certification
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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) In 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) Signed 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 until the 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. If 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
36.70B.140(2), the processing of an impact fee deferral application is not subject
to the project permit review requirements of Chapter 36.706 RCW.
SECTION 9. Section 20,18.120 of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.182.120 Project list.
(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:
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(a) Identify 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) Identify 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 council transfers the fees to the budget
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 capital facilities portion
of the city's comprehensive plan and submit such updated plan to the city by July
1st of each year. The school district's updated capital facilities plan shall identify
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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
consideratiorLbv and adoption by the city council in its s-ole discretion.
SECTION 10. A new Section 20.182.128 is hereby added to the Port Orchard Municipal
Code to read as follows:
20.182.128 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 20.182.130 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.182.130 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 from the city,
and the calculation/use/refund of such fees. The-sch-0--ol district shall manage
impact fee funds -In accordance Wilh State law and the Interlocal re ent
between the school district and the city. 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
within the impact fee fund, with the exception of school impact fees, which shall
be collected by the Scheel dis city and then transferred to the sdh_nwidistric
for deposit Into the school district impact fee fund;
(b) When the council appropriates capital improvement project (CIP) 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
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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) Impact 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 10 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 10 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.
SEQON 12. Adoption of Parks Impact Fee Schedule. In accordance with POW
20.182.060, the City Council hereby adopts a new parks impact fee schedule which is attached to
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 16
below and shall replace and supersede any previously adopted parks impact fee schedule. No
other Impact 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 Impact Fee Schedule. The Park Impact Fee
Schedule which is adopted pursuant to Section 12 of this Ordinance is set forth in Exhibit A. The
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first increase shall take effect and be in full force and effect on 12:01 AM on September 1, 2022.
The second increase shall take effect on 5:00 PM on February 27, 2023.
SECTION 15. Severability. If 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 26th day of July 2022.
LVncus151�+ed by:
olotv�- �u{-aaun,suw
Robert Putaansuu, Mayor
ATTEST:
D 4uSigned by:
l�a�►. �al'.iact�
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
pocuSigned by: —
Charlotte A. Archer, City Attorney � n Clauson, Councilmember
PUBLISHED: July 29, 2022
EFFECTIVE DATE: August 3, 2022
Exhibit A to Ordinance No. 013-22
Park Impact Fee Effective September 1, 2022 at 12:01am through February 27, 2023 at 4:59pm:
Park Impact Fee Schedule
Housing product
Single-family
Accessory Dwelling Unit
Duplex
Tri and Quadplex
Multiplex - 5 or more units
Manufactured homes
Impact
ELOS/
Persons/
Percent
fee/
charge
person
unit
d
unit
$3,349
2.84
45%
$4,280
$3,349
1.00
45%
$1,507
$3,349
2.05
45%
$3,089
$3,349
2.01
45%
$3,029
$3,349
2.00
45%
$3,014
$3,349
2.37
4S%
$3,572
Sources:
ELOS Value - Port Orchard Park, Recreation, & Open Space (PROS) Plan, 2021
Persons/type housing unit - OFM 2 02 1, ADU Based on City
Estimate
Park Impact Fee Effective February 27th, 2023 at 5:00 pm:
�•�
Park Impact Fee Schedule
Housing product
Single-family
Accessory Dwelling Unit
Duplex
Tri and Quadplex
Multiplex - 5 or more units
Manufactured homes
Impact
ELOS/
Persons/
Percent
fee/
person
unit
charged
unit
$3,349
2.84
57%
$5,421
$3,349
1.00
57%
$1,909
$3,349
2.05
57%
$3,913
$3,349
2.01
57%
$3,837
$3,349
2.00
57%
$3,818
$3,349
2.37
57%
$4,524
Sources:
ELOS Value - Port Orchard Park, Recreation, & Open Space (PROS) Plan, 2021
Persons/type housing unit - OFM 2021, ADU Based on City Estimate