001-10 - Ordinance - Adopting School Impact Fee Amending POMC 16.70 Impact Fees - General ProvisionsIntroduced by:
Drafted by:
Revived by:
Introduced:
Adopted:
ORDINANCE NO. ool-io
Development Director
Development Director
Development Director
February 9, 2010
February 9, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING A SCHOOL IMPACT FEE
AND AMENDING PORT ORCHARD MUNICIPAL
CODE CHAPTER 16.70 "IMPACT FEES — GENERAL
PROVISIONS"
WHEREAS, on December 22, 2009 the City Council adopted Ordinance No. 034-09 which
adopted by reference the South Mtsap School District's Capital Facilities Plan as part of the City of
Port Orchard's Comprehensive Plan; and
WHEREAS, the Capital Facilities Plan contains the data and formula for calculating the
financial impact of each new residential unit upon the South Kitsap School District; and
WHEREAS, the City Council has determined that it is sound public policy to adopt a school
impact fee in order to help mitigate the financial impact to the South Kitsap School District that is
caused by new residential development; and
WHEREAS, on February 9, 2010 the City Council held a duly noticed public hearing on the
adoption of a school impact fee; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. The title of Port Orchard Municipal Code Chapter 16.70 is hereby amended to
read as follows:
Chapter16.7o
Impact Fees
SECTION 2. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16.70.16o School impact fee - imposed.
There is hereby imposed a school impact fee in the amount of
$1,114.88 for each single-family residential unit and $643.20 for each
multifamily residential unit. The timing for payment of the school
impact fees shall be in accordance with the provisions of POMC
Ordinance No.00i-io
Page 2 of 3
16.70.o6o. This fee is subject to annual increases as set forth in
POMC 16-70.i80.
SECTION 3. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16-70.170 School impact fee — payment required prior to
permit issuance.
School impact fees shall be paid directly to South Kitsap School
District No. 402. Proof of payment directly to the school district shall
be provided to the city prior to issuance of the permit/approvals set
forth in POMC 16.70.o6o.
SECTION n. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16- 7o.i80 School impact fee — review of schedule and fee
increases.
(1) The impact fees set forth in POMC 16.70.i6o shall be reviewed
by the city council in conjunction with updates to the school district's
capital facilities plan element of the city's comprehensive plan.
Amendments to the impact fees for this purpose shall be adopted by
the city council.
(2) The impact fees set forth in POMC 16.70.r6o shall be indexed
to provide for an automatic fee increase each August ist beginning in
the year 2orr. The annual adjustment shall be the percentage change
in the average annual Consumer Price Index for All Urban Consumers
(CPI-U) for Seattle -Tacoma -Bremerton for the most recent twelve
month period ending June 3oth prior to the date of adjustment. In
the event that the fees in POMC 16.70.16o are increased during the
preceding calendar year due to changes to the capital facilities plan
pursuant to POMC 16.70.r8o(r), the fees will not be indexed the
following year. The finance department shall compute the fee
increase and the new fees shall become effective without further
council review.
SECTIONS. 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. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
Ordinance No.00i-ro
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the N1 Yor and
attested by the Clerk in authentication of such passage this 9th day °f-FRuary-. smq
APPROVED AS TO FORM:
r APTI 11, Wm- - MA.
Sponsored by:
r�
Fred Chang, Councilma
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 February 9, 2010.
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING A SCHOOL IMPACT
FEE AND AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 16- 70 "IMPACT FEES
— GENERAL PROVISIONS"
Copies of Ordinance No. 001-10 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. 001-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
February 19, 2010