12/12/2023 - Regular - Revised Ord - Additional DocsORDINANCE NO. XXX-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE STORM DRAINAGE RATES AND CAPITAL FACILITY CHARGES (CFC); AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTION 13.06.100
TO UPDATE STORM DRAINAGE RATES THROUGH 2028; ADDING NEW SECTIONS 13.06.150 AND 13.06.160 TO THE POMC TO ADOPT STORM DRAINAGE CAPITAL FACILITY CHARGES AND INSPECTION FEES; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has been in the process of updating its Stormwater and Watersheds Comprehensive Plan; and
WHEREAS, on November 28, 2023, the City Council adopted the 2023 Stormwater and Watersheds Comprehensive Plan by resolution; and
WHEREAS, in coordination with the 2023 Stormwater and Watersheds Comprehensive Plan, the City reviewed storm drainage rates and the need for a capital facilities fee for new or expanded
buildings and/or development that impact the storm drainage system; and
WHEREAS, in order to implement these rate changes and fees, amendments to Chapter 13.06 “Storm Drainage Utility” are needed; and
WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City’s 2023 Stormwater and Watersheds 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 above recitals are adopted as findings for this Ordinance.
SECTION 2. Section 13.06.100 of the Port Orchard Municipal Code is hereby amended to read as follows:
13.06.100 Storm drainage service charges.
In accordance with the basis for a rate structure set forth in POMC 13.06.070 and 13.06.080, there is levied upon all developed real property within the boundaries of the utility the
following service charges which shall be collected from the owners of such properties. Rates in effect on the first day of the billing date are charged for the entire billing period:
(1) Effective January 1, 2009, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $7.00.
(b) For all duplexes and triplexes, the monthly service charge shall be $7.00 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $7.00, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(2) Effective January 1, 2015, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $9.70.
(b) For all duplexes and triplexes, the monthly service charge shall be $9.70 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $9.70, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(3) Effective April 1, 20152024, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $14.0018.34.
(b) For all duplexes and triplexes, the monthly service charge shall be $14.0018.34 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $14.0018.34, multiplied by the number of ISUs
determined by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(2) Effective January 1, 2025, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $24.03.
(b) For all duplexes and triplexes, the monthly service charge shall be $24.03 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $24.03, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(3) Effective January 1, 2026, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $31.47.
(b) For all duplexes and triplexes, the monthly service charge shall be $31.47 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $31.47, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(4) Effective January 1, 2027, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $32.42.
(b) For all duplexes and triplexes, the monthly service charge shall be $32.42 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $32.42, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
(5) Effective January 1, 2028, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly service charge shall be $33.39.
(b) For all duplexes and triplexes, the monthly service charge shall be $33.39 for each residential unit.
(c) For all other developed property, including but not limited to multifamily and commercial accounts, the monthly service charge shall be $33.39 multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC 13.06.080.
SECTION 3. A new Section 13.06.150 is hereby added to the Port Orchard Municipal Code to read as follows:
13.06.150 Storm drainage capital facilities charge.
(1) The storm drainage capital facility charge is designed to mitigate the impact of new demands on the existing storm drainage system and to require new or expanded development to
pay its fair share of the value of the storm drainage system including, but not limited to, storm drainage transmission, storage, management, filtration, and dispersal facilities in
compliance with the City’s NPDES permit. The storm drainage capital facility charge applies to new construction, changes in use, and building modifications which modify the ISU count
for the property. Prior to connecting to the city’s storm drainage system and obtaining either a building permit or certificate of occupancy, the property owner shall pay, in addition
to other applicable charges, the applicable storm drainage capital facility charge. The storm drainage capital facility charge for a residential or nonresidential connection is based
on a set fee per ISU which is set forth in POMC 13.06.160.
(2) Storm drainage Capital Facility Charge – Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the
storm drainage capital facility charge, provided all of the following requirements are met:
(a) Property owners must submit an application for a partial or a full exception on the city’s application form prior to the issuance of any land use or
development permits which change the use or development of the property; and
(b) A nonresidential or residential account has continuously paid a minimum base fee as applicable; and
(c) The property owner decides to construct a new building, change the original use, or modify the original building; and
(d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ISU for the account will be equal to or less than the ISU number
calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ISU calculation is larger than the existing ISU
calculation. In such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm
(3) At the time the storm drainage capital facility charge is paid, a storm drainage inspection fee shall be paid. The storm drainage inspection fee is set forth in POMC 13.06.160.
SECTION 4. A new Section 13.06.160 is hereby added to the Port Orchard Municipal Code to read as follows:
13.04.025 Fee schedule.
(1) The fees set forth below are referenced in POMC 13.06.160.
Storm Drainage Fees
Storm Drainage Capital Facility Charge
POMC 13.06.150
Per ISU
$3,087
Storm Drainage Inspection Fee
POMC 13.06.155
Per Connection
$111.37
SECTION 5. 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 6. 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 7. 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, provided, however,
that the rates and fees described in Sections 2 through 4 above, shall be effective April 1, 2024. 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 December, 2023.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney , Councilmember