024-15 - Ordinance - Amending title 16 Land Use Regulatory CodeIntroduced by
Drafted by:
Reviewed by:
Introduced:
Adopted
ORDINANCE NO.024-15
Development Director
Development Director
City Attorney
November 10, 2015
November 10, 2015
AN ORDINANCE OF THE CITY COUNCIL OF PORT ORCHARD, WASHINGTON,
ESTABLISHING DEFINITIONS FOR THE CITY'S CODES ON THE SUBJECTS OF
IMPACT FEES (CHAPTER 16.70 POMC) AND CONCURRENCY (CHAPTER POMC
16.71), ADOPTING A NEW CHAPTER 16.69 TO THE PORT ORCHARD MUNICIPAL
CODE.
WHEREAS, the City desires to adopt new impact fee and concurrency ordinances to be
consistent with State Law; and
WHEREAS, the City SEPA Responsible Official made a threshold determination that this
ordinance was exempt under WAC 197-11-800(19); and
WHEREAS, these two chapters on impact fees and concurrency, POMC 16.70 and 16.71,
share common definitions; and
WHEREAS, the City Council considered this Ordinance during its regular meeting of
November 10, 2015;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, ORDAINS AS
FOLLOWS:
Section 1. Anew Chapter 16.69 is hereby added to the Port Orchard Municipal Code, which
shall read as follows:
Chapter 16.69
IMPACT FEE AND CONCURRENCY DEFINITIONS
Sections:
16.69.010 Definitions.
16.69.010 Definitions. The following words and terms shall have the following meanings
for the purpose of this interpreting POMC Chapters 16.70 and 16.71, unless the context clearly
appears otherwise. Terms not defined herein shall be given the meaning set forth in RCW
82.02.090, or given their usual and customary meaning.
Ordinance No. 024-15
Page 2 of 8
A. "Act" means the Growth Management Act, chapter 36.70A RCW, or as hereafter
amended.
B. "Adequate public facilities" means facilities which have the capacity to serve
development without decreasing levels of service below locally established minimums. (WAC
365-196-210(3).)
C. "Affordable housing" means residential housing that is rented or owned by a
person or household whose monthly housing costs, including utilities other than telephone, do
not exceed thirty percent of the household's monthly income. (WAC 365-196-210(4).)
D. "Approving Authority" means the city employee, agency or official having the
authority to issue the approval or permit for the development activity involved.
E. "Annual capacity availability report" means the report prepared each year to
include available and reserved capacity for each public facility and identifying those proposed
and planned capital improvements for each public facility that will correct deficiencies or
improve levels of service, a summary of development activity, a summary of current levels of
service and recommendations.
F. "Available public facilities" means that public facilities are in place, or a financial
commitment has been made to provide the facilities concurrent with development. For the
purposes of transportation facilities, "concurrent with development means" that the
improvements or strategies are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
G. "Capacity" means the ability of a public facility to accommodate users,
expressed in an appropriate unit of measure, such as average daily trip ends, or "peak p.m.
trips,"or school facility within the LOS standards for the facility, or fire flow, or sewer treatment
plant capacity.
H. "Capacity, available" means capacity in excess of current demand ("used
capacity") for a specific public facility which can be encumbered, reserved or committed or the
difference between capacity and current demand ("used capacity").
I. "Capacity, encumbered" means a reduction in the available capacity resulting
from issuance of a capacity reservation certificate or that portion of the available capacity.
J. "Capacity evaluation" means the evaluation by the Director based on adopted
Level of Service (LOS) standards to ensure that public facilities and services needed to support
development are available concurrent with the impacts of such development, as defined in the
City's concurrency ordinance.
Ordinance No. 024-15
Page 3 of 8
K. "Capacity reservation certificate" or "CRC" means a determination made by the
Director that: (1) a proposed development activity of development phase will be concurrent
with the applicable facilities at the time the CRC is issued, and (2) the Director has reserved
capacity for an application for a period that corresponds to the respective development permit.
L. "Capacity, reserved" means capacity which has been reserved through use of
the capacity reservation certificate process in Section 16.71.013-016.
M. "Capital facilities" means the facilities or improvements included in a capital
facilities plan.
N. "Capital facilities plan" means the capital facilities plan element of the City's
comprehensive plan adopted pursuant to Chapter 36.70A RCW and RCW 36.70A.070, and any
amendments to the plan, which may include by reference a capital facilities plan of the school
district within the city.
O. "Change of use" means, for the purposes of this Chapter, any change,
redevelopment or modification of use of an existing building or site which meets the definition
of "development activity" herein.
"City" means the City of Port Orchard, Washington.
Q. "Comprehensive land use plan" or "comprehensive plan" means a generalized
coordinated land use policy statement of the City Council, adopted pursuant to Chapter 36.70A
RCW.
R. "Concurrency" or "concurrent with development" means that adequate public
facilities are available when the impacts of development occur, or within a specified time
thereafter. This definition includes the concept of "adequate public facilities' as defined above.
For the purposes of transportation facilities, concurrent with development means that
strategies or improvements are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
S. "Council" means the City Council of the City of Port Orchard, Washington.
T. "Dedication" means the conveyance of land or facilities to the City for public
facility purposes, by deed, other instrument of conveyance or by dedication, on a duly filed and
recorded plat (or short plat).
U. "Demand management strategies" means strategies designed to change travel
behavior to make more efficient use of existing facilities to meet travel demand. Examples of
demand management strategies can include strategies that: (1) shift demand outside of the
peak travel time; (2) shift demand to other modes of transportation; (3) increase the number of
occupants per vehicle; (4) decrease the length of trips; (5) avoid the need for vehicle trips.
Ordinance No. 024-15
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(WAC 365-196-210(12).)
V. "Department" means the public works department of the City of Port Orchard.
W. "Developer" means any person or entity who makes application or receives a
development permit or approval for any development activity as defined herein.
X. "Development activity" or "development" means any construction or expansion
of a building, structure, or use, and change in the use of a building or structure, or any changes
in the use of the land that creates additional demand for public facilities (such as a change which
results in an increase in the number of vehicle trips to and from the property, building or
structure) and requires a development permit from the City. (RCW 82.02.090(1).
Y. "Development agreement" means the agreements authorized in RCW
36.7013.170.
Z. "Development permit" or "project permit" means any land use permit required
by the City for a project action, including but not limited to building permits, subdivisions, short
plats, binding site plans, planned unit developments, conditional. uses, shoreline substantial
developments, site plan reviews, or site -specific rezones, and for purposes of the City's
concurrency ordinance, shall include applications for amendments to the City's comprehensive
plan which request an increase in the extent or density of development on the subject property.
AA. "Director" means the director of the public works department.
BB. "Existing use" means development which physically exists or for which the
owner holds a valid building permit as of the effective date of the ordinance codified in this
Chapter.
CC. "Encumbered" means to reserve, set aside, or otherwise earmark the impact
fees in order to pay for commitments, contractual obligations or other liabilities incurred for
public facilities.
DD. "Fair market value" means the price in terms of money that a property will bring
in a competitive and open market under all conditions of a fair sale, the buyer and seller each
being prudently knowledgeable, and assuming the price is not affected by undue stimulus.
EE. "Feepayer" means a person, corporation, partnership, an incorporated
association, or a department or bureau of any government entity, or any other similar entity,
commencing a land development activity. "Feepayer" includes applicants for an impact fee
credit.
FF. "Financial commitment" means those sources of public or private funds or
combinations thereof that have been identified as sufficient to finance public facilities necessary
to support development and that there is reasonable assurance that such funds will be timely
Ordinance No. 024-15
Page 5 of 8
put to that end.
GG. "Growth -related" means a development activity as defined herein that utilizes
the available capacity of a public facility.
HH. "Impact fee" means the amount of money determined necessary by the City or
the school district and imposed upon new development activity as a condition of development
approval or permitting to pay for public facilities needed to serve new growth and development,
and that is reasonably related to the new development that creates the additional demand and
need for public facilities, that is a proportionate share of the cost of the public facilities and that
is used for facilities that reasonably benefit the new development. "Impact fee" does not
include a reasonable permit or application fee. (RCW 82.02.090(3).)
Il. "Impact fee accounts" means the account(s) established for each type of public
facilities for which impact fees are collected. The accounts shall be established pursuant to this
Chapter, and comply with the requirements of RCW 82.02.070.
A. "Impact fee schedule" means the table of impact fees per unit of development,
which is to be used by the Director or the school district in computing impact fees.
KK. "Interest" means the interest rate earned by the City or the school district for
the impact fee account, if not otherwise defined.
ILL. "Interlocal agreement" means the transportation impact fee interlocal
agreement by and between the City and county or the City and a neighboring city, or the City
and the State of Washington, concerning the collection and allocation of road impact fees, or
any other interlocal agreement entered by and between the City and another municipality,
public agency or governmental body in order to implement an impact fee program.
MM. "Level of Service" or "LOS" means an established minimum capacity of public
facilities or services that must be provided per unit of demand or other appropriate measure of
need as established by the City or district in its Capital Facilities Plan. Level of service standards
may be synonymous with locally established minimum standards. (WAC 365-196-210(19).)
NN. "Owner" means the owner of record of real property, although when real
property is being purchased under a real estate contract, the purchaser shall be considered the
owner of the real property, if the contract is recorded. In addition, the lessee of the real
property shall be considered the owner, if the lease of the real property exceeds 25 years, and
the lessee is the developer of the real property. (RCW 82.02.090(4).)
00. "Previous use" means (a) the use existing on the site when a capacity evaluation
is sought; or (b) the most recent use on the site, within the five-year period prior to the date of
application for the development.
PP. "Project" means a system improvement, selected by the City Council for joint
Ordinance No. 024-15
Page 6 of 8
private and public funding and which appears on the Project List.
QQ. "Project improvements" means site improvements and facilities that are
planned and designed to provide service for a particular development and that are necessary for
the use and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan approved by the
City Council shall be considered a project improvement. (RCW 82.02.090(5)).
RR. "Project List" means the list of projects described in the City's annual and
six -year capital improvement program and as developed pursuant to this Chapter.
SS. "Proportionate Share" means that portion of the cost of public facility
improvements that is reasonably related to demands and needs of new development. (RCW
82.02.090(6).)
TT. "Road" means a right-of-way which affords the principal means of access to
abutting property, including an avenue, place, way, drive, lane, boulevard, highway, street, and
other thoroughfare, except an alley.1
UU. "Road facilities" includes public facilities related to land transportation.
W. "School District" means South Kitsap School District No. 402.
WW. "Service Area" means the geographic area defined by the City, school district, or
interlocal agreement, in which a defined set of public facilities provide service to development
in the area. Service areas shall be designated on the basis of sound engineering or, planning
principles or by law. (RCW 82.02.090(8).).
XX. "School impact fee" means an impact fee in the City to pay for school capital
facilities to serve new growth and development within a school district.
YY. "State" means the State of Washington.
ZZ. "Subdivision" means all subdivisions as defined in Chapter16.72, and all short
subdivisions as defined in that Chapter.
AAA. "Superintendent" means the superintendent or superintendent's designee of
the school district as approved by the board of directors of the school district.
BBB. "System improvements" means public facilities that are included in the City's
capital facilities plan and are designed to provide service to areas within the City and community
at large, in contrast to project or on -site improvements. (RCW 82.02.090(9).)
1 This definition should be consistent with the City's definition of "road" in the City's Public Works
Standards.
Ordinance No. 024-15
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CCC. "Traffic analysis zone" means the minimum geographic unit used for traffic
analysis.
DDD. "Transportation primary impact area" means a geographically determined area
that delineates the impacted area of a deficient roadway link.
EEE. "Transportation level of service standards" means a measure which describes
the operational condition of the travel stream and acceptable adequacy requirement.
FFF. "Transportation management area" means a geographically determined area
that contains compact urban development patters where a dense roadway network and
extensive mass transit services are in place. The performance of these areas shall be based on
the percentage of lane miles meeting the LOS standards as described in this Chapter.
GGG. "Traffic demand model' means the simulation through computer modeling of
vehicle trip ends assigned on the roadway network.
HHH. "Trip allocation program" means the program established to meter trip ends to
new development annually by service area and traffic analysis zone to ensure that the City is
maintaining adopted LOS standards.
III. "Trip end" means a single or one -directional vehicle movement.
JJJ. "Unit" or "Dwelling unit" means a dwelling unit as defined in Section 16.08.228
of this code.
Section 2. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 3. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional 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 4. Effective Date. This Ordinance shall become effective on January 1,
2016 after publication as provided by law.
Ordinance No. 024-15
Page 8 of 8
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 10th day of November, 2015.
Timothy C. Ma hes, Mayor
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Carol A. kAorris, City Attorney oROR,'�, ek Ashby, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 10, 2015.
ORDINANCE NO.024-15
AN ORDINANCE OF THE CITY COUNCIL OF PORT ORCHARD, WASHINGTON,
ESTABLISHING DEFINITIONS FOR THE CITY'S CODES ON THE SUBJECTS OF IMPACT FEES
(CHAPTER 16.70 POMC) AND CONCURRENCY (CHAPTER POMC 16.71), ADOPTING A
NEW CHAPTER 16.69 TO THE PORT ORCHARD MUNICIPAL CODE.
Copies of Ordinance No. 024-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 024-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: November 20, 2015