038-23 - Ordinance - Storm Drainage Rates and Capital Facility ChargesDocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
ORDINANCE NO. 038-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE STORM DRAINAGE RATES AND CAPITAL FACILITY
CHARGES (CFC); AMENDING PORT ORCHARD MUNICIPAL CODE (POMC)
SECTION 13.06.100TO UPDATE STORM DRAINAGE RATESTHROUGH 2O28;
ADDING NEW SECTIONS 13.06.1S0 AND 13.06.160 TO THE POMC TO
ADOPT STORM DRAINAGE CAPITAL FACILITY CHARGES AND INSPECTION
FEES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has been in the process of updating its Stormwater and Watersheds
Comprehensive Plan; and
WHEREAS, on November 28, 2023, the City Council adopted the 2023 Stormwater and
Watersheds Comprehensive Plan by resolution; and
WHEREAS, in coordination with the 2023 Stormwater and Watersheds Comprehensive
Plan, the City reviewed storm drainage rates and the need for a capital facilities fee for new or
expanded buildings and/or development that impact the storm drainage system; and
WHEREAS, in order to implement these rate changes and fees, amendments to Chapter
13.06 "Storm Drainage Utility" are needed; and
WHEREAS, the City Council finds 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. The above recitals are adopted as findings for this Ordinance.
SECTION 2. 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)
(a) Fee all 5ipgle family
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Ordinance No. 038-23
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M.M.
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{-3} Effective June 1, 20I52024, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be $14-8918.34.
(b) For all duplexes and triplexes, the monthly service charge shall be $44-001334
for each residential unit.
(c) For all other developed property, including but not limited to multifamily and
commercial accounts, the monthly service charge shall be $4-.-9918.34, multiplied by the
number of ISUs determined by the utility to be contained in such parcel pursuant to POW
13.06.080.
(2) Effective January 1. 2025, the storm drainage charges are shown below:
la) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be 524.03.
(b) For all duplexes and triplexes, the monthly service charge shall be 524.03 for
each residential unit.
(c) For all other developed propertV. including but not limited to multifamily and
commercial accounts., monthly service charge shall be 24.03 m lti lied by the
number of ISUs determined by the utility to be contained in such parcel pursuant to POW
13.06.080.
(3) Effective January 1. 2026. the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be 831.47.
(b) For all duplexes and triplexes, the months service -charge shall be_$31.47 for
each residential unit.
(c) For all other developed property. including but not limited to multifamily and
commercial accounts, the monthly service charge shall be $31.47, multiplied by the
numberof ISUs determined by the utility to be contained in such parcel pursuant to POMC
13.06.080.
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Ordinance No. 038-23
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(4) Effective Jan uarv_1. 2027, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be 532.42.
- ibl For all duplexes and triplexes, the monthly service charge shall be_$32.42 for
each residential unit.
(c)For all other developed property, including but not limited to 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.
15) Effective -January 1 2028, the storm drainage charges are shown below:
a For all sin ie-f a m i ly residential accounts inclu d i na mob it h m s he monthl
service charge shall be $33.39.
b For all duplexes and triplexes, the monthly service charge shall be $33.39 for
each residential unit.
c For all other developed property, inclu limited to multifamilyjand
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 3. A new Section 13.06.150 is hereby added to the Port Orchard Municipal
Code 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 connecting to the city's storm
drainage system and obtaining either a building permit or certificate of occupancy, the
property owner shall pay, in addition to other applicable charges, the applicable storm
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
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Ordinance No. 038-23
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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. In such case the city will establish the prior calculated
ISU which will be used as the basis for a credit toward the storm
(3) At the time the storm drainage capital facility charge is paid, a storm drainage
inspection fee shall be paid. The storm drainage inspection fee is set forth in POMC
13.06.160.
SECTION 4. A new Section 13.06.160 is hereby added to the Port Orchard Municipal
Code to read as follows:
13.04.025 Fee schedule.
(1) The fees set forth below are referenced in POMC 13.06.160.
Storm Drainage Fees
Storm Drainage
POMC 13.06.150
Capital Facility
Charge
Per ISU
$3,087
Storm Drainage
Inspection Fee
POMC 13.06.155
Per Connection
$111.37
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SECTION S. 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 6. 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 7. 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, provided,
however, that the rates and fees described in Sections 2 through 4 above, shall be effective April
1, 2024. A summary of this ordinance may be published in lieu of publishing the
ordinance in its entirety.,
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
Pro-Tem and attested by the Clerk in authentication o U�h;p&%;iage this 12T" day of
December 2023. A4,# fc .
Mark Trenary, Mayor Pro -Tern
ATTEST:
Je Ine Floyd, C , Deputy City Clerk
APPROVED AS TO FORM:
UocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: December 15, 2023
EFFECTIVE DATE: December 20, 2023
SPONSOR:
604—,;�i7 --aiop- ` -
Cindy carelli, Councilmember
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