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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�� 'a �%��•�F pOFt A`% a°aP019?01 ' ShAL 1430386.3-366922-0007 I Robert Putaansuu, Mayor SPONSOR: JoiytS Clauson, Councilmember