023-21 - Ordinance - Water Capital Facility Charge, CFC'soRDtNANCE NO.023-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING
TO THE WATER CAPITAL FACILITY CHARGE (CFC); AMENDING PORT
ORCHARD MUNtCtpAL CODE (POMC) SECTTON L3.O4.O25, FEE SCHEDULE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (CFC), levied
upon new connections, changes in use, and building modifications which increase the total number
of ERUs connected to the City's water utility; and
WHEREAS, the City has prepared a Water System Plan Update, which includes an updated
Water System Capital lmprovement Plan (ClP), which form the basis for calculation of the City's
Water CFC; and
WHEREAS, while the City's larger Water System Plan Update is awaiting approval by the
Washington State Department of Health (DOH) prior to final adoption, the City Council adopted the
2021 Water System CIP on May 1-1, 2021. due to the City's urgent need to update the City's Water
CFC can more accurately reflect current needs and costs; and
WHEREAS, prior to adoption of the Water System ClP, the City Council began discussion of a
Water System CIP and Water CFC Update at the October 20,2020 Utility Committee Meeting; and
WHEREAS, the City Council deliberated on a Water System CIP and CFC Update following a
presentation by Katy lsaksen & Associates, lnc. at the April 20, 202LWork StudySession and a
follow-up presentation at the April27,2021 Regular City Council Meeting by city staff, and again on
May 1-1-, 2O2L at a Regular City Council Meeting, and the May L8, 202L Work Study Session, and
finally at the May 25, 202L Regular City Council Meeting; and
WHEREAS, the Port Orchard City Councildesires to amend the codified Water CFC, set out
at Port Orchard Municipal Code Chapter 13.04 to provide for a Water Capital Facility Charge (CFC)
Update to respond to the updated Water System CIP; and
WHEREAS, two (2) duly noticed Public Hearings were held on the Water CFC Update on May
t1,,2O2L and May 25,2O2L before the City Council; and
WHEREAS, the City Council finds that the amendments herein to POMC 13.04.025 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 C|TY COUNCTL OF THE C|TY OF PORT ORCHARD, WASHTNGTON, DO ORDATN AS
FOLLOWS:
Ordinance No.023-21
Page 2 of 8
SECTION 1. Port Orchard Municipal Code L3.04.025 is hereby amended to read as
attached at Exhibit A hereto.
SECTION 2. 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 3. This ordinance shall be posted and published as required by law, and shall be
effective and in full force beginning on June L4, 2O2L, provided, however, that any project for
which a building permit application was accepted by the City on or before March t,20.zLshallonly
be required to pay the applicable water capital facility charges that existed immediately prior to the
adoption of this ordinance (unless the building permit expires or the application is cancelled),
provided further this exemption shall only be available if those charges are paid in full by the
applicant no later than close of business on August 3I,202I. Upon the effective date of this
ordinance: (1) any applicant with a pending application for a building permit that was not accepted
by March L,2O2L shall be charged the charges established in this ordinance; and (2) any applicant
with an application for building permit that was accepted by March L,202L but the charges are not
paid before close of business on August 3L, 2O2L shall pay the charges established in this
ordinance. Asummaryofthisordinancemaybepublishedinlieuof publishingtheordinanceinits
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 25th day of May 202L.
Robert Putaansuu, Mayor
ATTEST:RPO
SEAI
Brandy nearson, MMC, City Clerk
APPROVED AS TO FORM SPONSOR
Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember
Ordinance No.023-21
Page 3 of8
PUBLISHED: May 28,2021
EFFECTIVE DATE: June L4, 2O2t
Ordinance No. 023-21
Page 4 of 8
Exhibit A
13.04.025 Fee schedule.
(1)The fees set forth below are referenced in POMC 13.04.030, L3.04.033, 13.04.035 and
1_3.04.040.
Water Sewer Connection Fees
Water Capital
Facility Charge
POMC
13.04.030(1)(a)
Residential- Per ERU
'LL,s7L
Water Capital
Facility Charge
Nonresidential-
Based on Meter Size
POMC
13.04.030(1xb)
3/4"iLr,s7L
1I StgFzq
t-L/2"S38,53i.
2il 561,,673
3il Stts,zto
4"Si.92,889
lrrigation No connection fee
Water lnspection Fee pbmc 13.04.030(7)
and 13.04.033(3)
Per Meter s 111_.37
Connection
Fees/Labor
lnstallation Fees
pbruc rr.04.033(1)
314"5t,tt3.t3
LI S1,33G.49
Ordinance No. 023-21
Page 5 of 8
Water Sewer Connection Fees
1,-1,/2"St,ozo.ot
2"52,227.48
Larger Estimated case by
case
Water in Lieu of
Assessment
POMC 13.04.03s
Per Front Foot s 11L.37
Sewer lnspection Fee POMC 13.04.040(8)
Per Lateral
Connection
s111.37
(2)The fees set forth below are referenced in POMC 1-3.04.050, 13.04.055, and L3.04.L20.
Billing and Miscellaneous Charges
Billing Charges POMC 13.04.050
Water/Sewer
Delinquency Notice
at Location
Si.o.oo
Sewer Capital Facility
Charge, consisting of
both:
POMC t3.04.04012l.
Sewer Wastewater
Treatment Facility
Fee
POMC 13.04.040(2)
Per ERU SE,sgl.Et
McCormick Land Co
Div. 1-L0 Per ERU
Sasr.zs
General Facility Fee POMC 13.04.040(2)
Per ERU SB,szs
Ordinance No. 023-21
Page 6 of 8
Water Shutoff Fee S+o.oo
Meter Turn-Off
Violations (as
Determined by City)
Szso.oo
Damaging the Utility
System
POMC t3.O4.L20
Violation Fine (as
Determined by the
City)
s2s0.00
Miscellaneous
Charges
POMC 13.04.0ss
After Hours Turn-
On/Shutoff
Szs.oo
Notification to
Tenant of Water
Shutoff Per Hold
Harmless Agreement
Sro.oo
Service Fee for
Estimated or Final
Billing Closing
Requests
$zo.oo
(3)The fees set forth below are referenced in PoMc i.3.04.031 and 13.04.045
Water Plan Review Fees
Review POMC 13.04.031
Main Extension
Review
Per lineal foot of
main
So.go
Pump Station Review Sgoo.oo
Significant Facility
Review*
Consultant fee** plus
LO%
Ordinance No.023-21
Page 7 of 8
Sewer Plan Review Fees
Review POMC 13.04.045
Main Extension
Review
Per lineal foot of
main
5o.go
Pump Station Review S3oo.oo
Significant Facility
Review*
Consultant feex* plus
LO%
Water lnspection Fees
lnspection POMC 13.04.031
Main Extension
lnspection
Per linealfoot of
main
$r.zs
Pump Station
lnspection
Sooo.oo
Significant Facility
lnspection*
Consultant fee** plus
rc%
Sewer lnspection Fees
lnspection POMC 13.04.045
Main Extension
lnspection
Per lineal foot of
main
Sr.so
Pump Station
lnspection
$ooo.oo
Significant Facility
lnspectionx
Consultant feexx plus
L0o/o
Ordinance No. 023-21
Page 8 of 8
* Significant facilities include improvements such as sewer lift station construction or
enlargement, force main construction, water system storage tanks, well construction, and
water treatment facilities.
** This review and inspection shall be performed by the city's water or sewer consultant
under contract with the city for services of this type.