018-21 - Ordinance - Amending Sections 13.04.030(3) and 13.04.010(1) fpr W/S CFC'sORDINANCE IVO.018-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHIN%a 0
RELATING TO WATER AND SEWER CAPITAL FACILITY CHARGES (CFC) AND
THE EXCEPTIONS THERETO; AMENDING PORT ORCHARD MUNICIPAL
CODE (POMC) SECTIONS 13.04.030(3) AND 13.04.040(1) TO CLARIFY
PROCESS FOR OBTAINING AN EXCEPTION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water CFC)
and a Sewer Capital Facilities Charge (Sewer CFC), both of which are 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 recently updated the City's Sewer CFC and Water CFC rates following
detailed rate studies, and
WHEREAS, following that project, the City audited the exceptions the City permits to the
Water CFC and Sewer CFC, and, in particular, audited the methodology utilized for determini
Wng
whether an exception is triggered; and
WHEREAS, the City Council adopted Ordinance No. 036-2021 on July 27, 2021 to update
Chapter 13.04 POMQ and
WHEREAS, Section 13.04.030(3) regarding partial or complete exceptions was previously
amended, however the amended subsection contains an inconsistency which has created confusion
and needs correction; and
WHEREAS, Section 13.04.040(1) also requires these consistency edits; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Subsection "3" of Section 13.04.030 of the Port Orchard Municipal code is
hereby amended to read as follows:
13.04.030 Water Capital Facility Charge
(3) Water 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 water capital
facility charge, provided all of the following requirements must be met to qualify for a partial or
a full exception:
Ordinance No. 018-21
Page 2 of 4
(a) Property owners must submit an application for a partial or a full exception on the
Jty'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 maintained a connection to the city's water
system and paid a minimum base fee as applicable; and
(c) Sometime after the original connection, 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 ERU for the account will be equal to or less than the
ERU number calculated by the city under the prior use or development consistent with
this section. A partial exception is applicable when the new ERU calculation is larger than
the existing ERU calculation. In such case the city will establish the prior calculated ERU
which will be used as the basis for a credit toward the water capital facilities charge.
SECTION 2. Subsection "1" of Section 13.04.040 of the Port Orchard Municipal code is
hereby amended to read as follows:
13.04.040 Sewer Capital Facility Charge _Extension of Sewer
(1) The sewer capital facility charge is designed to mitigate the impact of new demands on the
existing sewer system and to require new users to pay their fair share of the value of the sanitary
sewer system. The sewer capital facility charge applies to new construction, changes in use, and
building modifications that increase the total number of equivalent residential units (ERUs). An
ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is
one single-family dwelling unit, whether detached or attached and configured as an apartment
unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is
based upon metered water consumption or comparison to similar accounts when metered water
consumption data is not readily available.
(a) Sewer 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 sewer
capital facility charge, provided all of the following requirements must be met to qualify for
a partial or a full exception:
(i) 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
1430386.3-366922-0007
Ordinance No. 018-21
Page 3 of 4
(ii) A nonresidential or residential account has maintained a connection to the citys
sewer system and paid a minimum base fee, as applicable, and
Sometime after the original connection, the property owner decides to construct
a new building, change the original use, or modify the original building, and
(iv) For a full exception, after the bung improvements are completed, or new use
implemented, the total calculated ERU for the account will be equal to or less than the
ERU number calculated by the city under the prior use or development consistent with
this section. A partial exception is applicable when the new ERU calculation is larger
than the existing ERU calculation. in such case the city will establish the prior
calculated ERU which will be used as the basis for a credit toward the sewer capital
facilities charge.
(b) Accessory uses (such as accessory dwelling units, family -day care, home occupation, or
home business) to the Household Living land use code as defined in POMC 20,39.100, shall
not be included in the CFC calculation provided that an accessory use meets the following
criteria:
(i) For accessory dwelling units, the accessory dwelling unit is less than 1000
square feet in floor area and is served by the same water meter as the principal
dwelling.
(ii) The accessory use, if not an accessory dwelling unit, is expected to use less than
180 gallons of water per day.
SECTION 3. 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 4. 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 S. 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. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
1430386.3 - 366922 -0007
Ordinance No. 018-21
Page 4 of 4
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 17th day of August 2021,
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED; August 20, 2021
EFFECTIVE DATE; August (A.�,2021�`��uunuin,�r��
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1430386.3-366922-0007
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Robert Putaansuu, Mayor
SPONSOR:
JoiytS Clauson, Councilmember