04/09/2024 - Additional Docs-Draft Ordinance
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE STORM DRAINAGE RATES AND CAPITAL FACILITY CHARGES (CFC); REPEALING AND REPLACING A PORT ORCHARD MUNICIPAL CODE (POMC)
SECTION 13.06.160; AMENDING POMC SECTIONS 13.06.060, 13.06.080, AND 13.06.100; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council recently amended the City’s utility rates and fees via Ordinance No. 038-23; and
WHEREAS, in the process of implementing the amendments set out in Ordinance No. 038-23, staff identified additional necessary amendments to refine and clarify the City’s implementation
of the recently amended rates and fees; and
WHEREAS, this effort also identified additional amendment to enables more accurate and equitable measurement of the base rate for the monthly service charge; and
WHEREAS, the City Council finds that 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. Repealer. Section 13.06.160, as adopted by Ordinance No. 038-23 at Section 4, is hereby repealed.
SECTION 2. Adoption. New Section 13.06.160 of the Port Orchard Municipal Code is hereby adopted to read as follows:
13.06.160 Fee schedule.
(1) The fees set forth below are referenced in POMC 13.06.150.
Storm Drainage Capital Facility Charge
See POMC 13.06.150
Per ISU
$3,087
***
SECTION 3. Amendment. Section 13.06.060 of the Port Orchard Municipal Code is hereby amended to read as follows:
13.06.060 Definitions.
The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
(1) “City” shall mean the city of Port Orchard, Washington, a municipal corporation created and existing under the laws of the state of Washington.
(2) “Commercial/multifamily” shall mean all property which is not defined as single-family residential in subsection (6) of this section, including but not limited to those residential
structures accommodating two, three or four dwelling units.
(3) “Developed” shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade
physical improvements (such as clearing or grading) such that the hydrology of the property or portion thereof is materially affected.
(4) “Impervious ground cover” shall mean those hard surfaces which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural
conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent
to development, including, without limitation, such surfaces as rooftops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and
gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Excluded, however, are all lawns, agricultural
areas, and landscaped areas.
(5) “Impervious surface unit (ISU)” shall mean 3,000 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the utility in assessing service
charges.
(6) “Single-family residential” shall mean any residential structure designated for occupancy by one dwelling unit. Single-family residential includes “home business” pursuant to POMC
Title 20; provided, that the commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic,
safety hazards, or other public nuisances that may be generated by the commercial activity.
(7) “Service charge” shall mean the monthly fee levied by the utility.
(8) “Undeveloped” shall mean that condition of real property unaltered by the construction on or addition to such property of impervious ground cover or physical manmade improvements
of any kind that change the hydrology of the property from its natural state.
(9) “Utility” means the storm drainage utility established by Ordinance No. 036-08, passed on October 14, 2008.
SECTION 4. Amendment. Section 13.06.080 of the Port Orchard Municipal Code is hereby amended to read as follows:
(1) Three thousand square feet of impervious ground cover shall be equal to one impervious surface unit (ISU).
(2) All single-family residential uses are deemed to contain one equivalent ISU for purposes of the monthly storm drainage utility service charge.
(3) The utility shall determine the actual number of ISUs contained on all other property, including but not limited to duplex, single-family residential with accessory dwelling unit(s),
triplex, multifamily, and commercial properties and these accounts shall pay a service charge to be calculated as follows: actual impervious ground cover/3,000 square feet multiplied
by the single-family residential rate. In making the calculation of the actual number of ISUs, fractions shall be rounded to the nearest whole number but not less than one.
SECTION 5. Amendment. 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:
(1) Effective June 1, 2024, the storm drainage charges are shown below:
(a) For all single-family residential uses, including mobile homes, the monthly service charge shall be $18.34.
(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, multifamily, and commercial accounts, the
monthly service charge shall be $18.34, 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 detached house accounts, including mobile homes, the monthly service charge shall be $24.03.
(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, 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 detached houses accounts, including mobile homes, the monthly service charge shall be $31.47.
(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, 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 detached houses, including mobile homes, the monthly service charge shall be $32.42.
(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, 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 detached houses, including mobile homes, the monthly service charge shall be $33.39.
(b) For all other developed property, including but not limited to duplex, single-family residential with accessory dwelling unit(s), triplex, 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 6. Amendment. Section 13.06.150 of the Port Orchard Municipal Code is hereby amended 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 constructing any impervious surface and obtaining either a land disturbing activity permit/stormwater drainage permit and/or building permit, the property
owner shall pay, in addition to other applicable charges, the applicable stormwater 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. ln such case the city will establish the prior calculated ISU which will be used as the basis for a credit toward the storm drainage capital facility charge.
SECTION 7. Severability. Should any portion of this ordinance be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
SECTION 8. Savings Clause. Those portions of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance
until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding
instituted thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 9. Publication. This Ordinance shall be published by an approved summary consisting of the title.
SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law.
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 February 2024.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Wallace, MMC, City Clerk , Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE: