Chapter 20.184


20.184.010    Definitions.

20.184.010 Definitions.

The following words and terms shall have the following meanings for the purpose of interpreting Chapters 20.180 and 20.182 POMC, unless the context clearly appears otherwise. Terms not defined herein shall be given the meaning set forth in Chapter 20.12 POMC, RCW 82.02.090, or given their usual and customary meaning:

“Act” means the Growth Management Act, Chapter 36.70A RCW, or as hereafter amended.

“Affordable housing” means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income. (WAC 365-196-210(4).)

“Annual capacity availability report” means the report prepared each year to include available and reserved capacity for each public facility and identifying those proposed and planned capital improvements for each public facility that will correct deficiencies or improve levels of service, a summary of development activity, a summary of current levels of service and recommendations.

“Approving authority” means the city employee, agency or official having the authority to issue the approval or permit for the development activity involved.

“Capacity” means the ability of a public facility to accommodate users, expressed in an appropriate unit of measure, such as average daily trip ends, or “peak p.m. trips,” or school facility within the LOS standards for the facility, or fire flow, or sewer treatment plant capacity.

“Capacity, available” means capacity in excess of current demand (“used capacity”) for a specific public facility which can be encumbered, reserved or committed or the difference between capacity and current demand (“used capacity”).

“Capacity, encumbered” means a reduction in the available capacity resulting from issuance of a capacity reservation certificate or that portion of the available capacity.

“Capacity evaluation” means the evaluation by the director based on adopted level of service (LOS) standards to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, as defined in the city’s concurrency ordinance.

“Capacity reservation certificate” or “CRC” means a determination made by the director that: (a) a proposed development activity or development phase will be concurrent with the applicable facilities at the time the CRC is issued, and (b) the director has reserved capacity for an application for a period that corresponds to the respective development permit.

“Capacity, reserved” means capacity which has been reserved through use of the capacity reservation certificate process in Chapter 20.180 POMC.

“Change of use” means, for the purposes of this chapter, any change, redevelopment or modification of use of an existing building or site which meets the definition of “development activity” herein.

“Council” means the city council of the city of Port Orchard, Washington.

“Dedication” means the conveyance of land or facilities to the city for public facility purposes, by deed, other instrument of conveyance or by dedication, on a duly filed and recorded plat (or short plat).

“Demand management strategies” means strategies designed to change travel behavior to make more efficient use of existing facilities to meet travel demand. Examples of demand management strategies can include strategies that: (a) shift demand outside of the peak travel time; (b) shift demand to other modes of transportation; (c) increase the number of occupants per vehicle; (d) decrease the length of trips; (e) avoid the need for vehicle trips. (WAC 365-196-210(12).)

“Department” means the public works department of the city of Port Orchard, Washington, or successor agency.

“Developer” means any person or entity who makes application or receives a development permit or approval for any development activity as defined herein.

“Development permit” or “project permit” means any land use permit required by the city for a project action, including but not limited to building permits, subdivisions, short plats, binding site plans, planned unit developments, conditional uses, shoreline substantial developments, site plan reviews, or site-specific rezones, and for purposes of the city’s concurrency ordinance, shall include applications for amendments to the city’s comprehensive plan which request an increase in the extent or density of development on the subject property.

“Director” means the director of the public works department.

“Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities.

“Existing use” means development which physically exists or for which the owner holds a valid building permit as of the effective date of the ordinance codified in this chapter.

“Fair market value” means the price in terms of money that a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each being prudently knowledgeable, and assuming the price is not affected by undue stimulus.

“Feepayer” means a person, corporation, partnership, an incorporated association, or a department or bureau of any government entity, or any other similar entity, commencing a land development activity. “Feepayer” includes applicants for an impact fee credit.

“Growth-related” means a development activity as defined herein that utilizes the available capacity of a public facility.

“Impact fee accounts” means the account(s) established for each type of public facilities for which impact fees are collected. The accounts shall be established pursuant to this chapter, and comply with the requirements of RCW 82.02.070.

“Impact fee schedule” means the table of impact fees per unit of development, which is to be used by the director or the school district in computing impact fees.

“Interest” means the interest rate earned by the city or the school district for the impact fee account, if not otherwise defined.

“Interlocal agreement” means the transportation impact fee interlocal agreement by and between the city and county or the city and a neighboring city, or the city and the state of Washington, concerning the collection and allocation of road impact fees, or any other interlocal agreement entered by and between the city and another municipality, public agency or governmental body in order to implement an impact fee program.

“Level of service” or “LOS” means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need as established by the city or district in its capital facilities plan. Level of service standards may be synonymous with locally established minimum standards. (WAC 365-196-210(19).)

“Previous use” means (a) the use existing on the site when a capacity evaluation is sought; or (b) the most recent use on the site, within the five-year period prior to the date of application for the development.

“Project” means a system improvement, selected by the city council for joint private and public funding and which appears on the project list.

“Project list” means the list of projects described in the city’s annual and six-year capital improvement program and as developed pursuant to this chapter.

“Proportionate share” means that portion of the cost of public facility improvements that is reasonably related to demands and needs of new development. (RCW 82.02.090(6).)

“Road” means a right-of-way which affords the principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare, except an alley.

“Road facilities” includes public facilities related to land transportation.

“School impact fee” means an impact fee in the city to pay for school capital facilities to serve new growth and development within a school district.

“Service area” means the geographic area defined by the city, school district, or interlocal agreement, in which a defined set of public facilities provides service to development in the area. Service areas shall be designated on the basis of sound engineering or planning principles or by law. (RCW 82.02.090(8).)

“Subdivision” means all subdivisions as defined in Chapter 20.12 POMC, and all short subdivisions as defined in that chapter.

“Superintendent” means the superintendent or superintendent’s designee of the school district as approved by the board of directors of the school district.

“Traffic analysis zone” means the minimum geographic unit used for traffic analysis.

“Traffic demand model” means the simulation through computer modeling of vehicle trip ends assigned on the roadway network.

“Transportation level of service standards” means a measure which describes the operational condition of the travel stream and acceptable adequacy requirement.

“Transportation management area” means a geographically determined area that contains compact urban development patterns where a dense roadway network and extensive mass transit services are in place. The performance of these areas shall be based on the percentage of lane miles meeting the LOS standards as described in this chapter.

“Transportation primary impact area” means a geographically determined area that delineates the impacted area of a deficient roadway link.

“Trip allocation program” means the program established to meter trip ends to new development annually by service area and traffic analysis zone to ensure that the city is maintaining adopted LOS standards.

“Trip end” means a single or one-directional vehicle movement.

“Unit” or “dwelling unit” means a dwelling unit as defined in Chapter 20.180 POMC. (Ord. 019-17 § 18 (Exh. 1)).