008-12 - Ordinance - Amending Chapter 16.70 Impact Fees-General ProvisionsIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. 008-12
Development Director
Development Director
Development Director
Gregory A Jacoby
April 24, 2012
April 24, 2012
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING A PARK IMPACT FEE AND
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 16.70
"IMPACT FEES — GENERAL PROVISIONS"
WHEREAS, on February 14, 2012 the City Council adopted Resolution No. 004-12
which adopted the Port Orchard Comprehensive Parks Plan update as part of the City of
Port Orchard's Comprehensive Plan; and
WHEREAS, the Comprehensive Parks Plan contains the data and formula for
calculating the financial impact to the City's parks and recreational facilities from each new
residential unit within the City of Port Orchard; and
WHEREAS, the City Council finds that new growth and residential development in
the City of Port Orchard will create additional demand and need for parks and recreation
facilities in the City, and the Council finds that new growth and development should pay a
proportionate share of the cost of parks and recreation facilities needed to serve the new
growth and development; and
WHEREAS, the City Council has established a reasonable City-wide service area for
the implementation of it its Comprehensive Park Plan; and
WHEREAS, the City Council has determined that it is sound public policy to adopt
a park impact fee in order to help mitigate the financial impact to the Port Orchard Parks
that is caused by new residential development; and
WHEREAS, on April 24, 2012, the City Council held a duly noticed public hearing
on the adoption of a park impact fee; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Chapter 16.70 is hereby amended
by adding a new section to read as follows:
Ordinance No.008-12
Page 2 of 3
16.70.200 Park impact fee - imposed
There is hereby imposed a park impact fee in the amount of
$811 for each single-family residential unit and $584 for each
multifamily residential unit. The timing for payment of the
park impact fees shall be in accordance with the provisions of
POMC 16.70.o6o.
SECTION 2. Port Orchard Municipal Code Chapter 16.70 is hereby amended by
adding a new section to read as follows:
16.70.210 Park impact fee — payment required prior
to permit issuance.
Park impact fees shall be paid directly to the City of Port
Orchard Treasurer. Proof of payment 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- 70.220 Park impact fee — prepayment of park
impact fees.
Park impact fees for development within areas that have
prepaid park impact fees to the City of Port Orchard shall not
be subject to additional park impact fees.
SECTION 4. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16.70.230 Park impact fee — Review of schedule and
fee increases.
(1) The impact fees set forth in POMC 16.70.200 shall be reviewed by the
city council in conjunction with updates to the City Comprehensive Parks
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 POW 16.70.200 shall be indexed to
provide for an automatic fee increase each August 1st beginning in the year
2013. The annual adjustment shall be consistent with the impact fee
methodology identified in Appendix E of the City Comprehensive Parks
Ordinance No.008-12
Page 3 of 3
Plan. In the event that the fees in POMC 16.70.20o are increased during
the preceding calendar year due to changes to the city comprehensive
parks plan pursuant to subsection (1) of this section, 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.
SECTION 5. 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.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 24th day of April 2012.
ATTEST: ,
randy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. aco y, Ci A orney
Timothy C. atthes, Mayor
Sponsored by:
Carolyn Awers, Councilmember
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 April 24, 2012.
ORDINANCE NO. oo8-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING A PARK IMPACT FEE AND
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER
16.70 "IMPACT FEES - GENERAL PROVISIONS"
Copies of Ordinance No. 008-12 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. 008-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Kitsap Sun
April 27, 2012