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Port Angeles holds first reading on sidewalk fee-in‑lieu program after ADA gap review
Summary
City staff presented a draft ordinance and held a first reading Sept. 15 of a new sidewalk fee‑in‑lieu program, which would let qualifying applicants pay a fixed fee or build approved off‑site improvements instead of constructing frontage sidewalks in constrained situations.
Port Angeles city staff presented a draft sidewalk fee‑in‑lieu program and held the ordinance’s first reading on Sept. 15, asking council for direction before bringing a final ordinance back for adoption. The measure would allow an applicant who is required to provide frontage improvements to pay a fixed fee or build approved off‑site equivalent improvements instead of constructing sidewalk and curb features in front of the development parcel.
Why the proposal: Staff said the proposal grows out of the city’s 2021 ADA transition plan and the Complete Streets policy and the comprehensive plan’s direction to require sidewalks for development. The ADA survey identified widespread noncompliance across the city: staff said 98% of sidewalk blocks and 96% of curb ramps had at least one compliance deficiency, and the plan estimated a multi‑decade, multi‑million‑dollar backlog without additional funding.
Key points of the proposed program: - Eligibility: Applied when a project meets a threshold for “substantial improvements” (draft language used a 50% of assessed value threshold), otherwise small renovations would not trigger the requirement. - Fee options: Staff proposed a fixed fee option for accepted in‑lieu applications. Draft numbers presented to council were roughly $100 per linear foot for sidewalk without curb, $200 per linear foot for sidewalk with curb and gutter, and about $3,500 per curb ramp. Staff said fees would be annualized to allow modest adjustments for inflation. - Off‑site equivalent: The draft explicitly allows developers to build equivalent improvements at another agreed location (staff said this is intended to let developers build higher‑utility sidewalk sections where they provide greater public benefit and to leverage lower private construction costs). - Spending radius and sunset: Fees would be spent within roughly a two‑mile radius of the payee’s property and must be used within five years or returned per state law. - Interaction with waivers: The draft currently disallows using existing city fee‑waiver programs (for affordable housing/multifamily infill) to avoid a scenario where waivers remove all frontage improvement contributions; councilors raised equity and trade‑off concerns on this point.
What it would pay for: Staff said the fee revenue would supplement the city’s small capital funds and grants to repair ADA‑deficient curb ramps, fill sidewalk gaps near schools, transit stops and other priority pedestrian routes, and to provide matching funds for state or federal grants.
Council and public reaction: Councilmembers praised the analysis and said the program could help prioritize the city’s needs, but several councilors and members of the public urged adjustments, noting the proposed rates could discourage voluntary participation and could disproportionately affect homeowners doing major renovations or adding ADUs. Staff said the fee levels were intentionally set between local developer build costs and the city’s in‑house unit cost, and that the city would monitor uptake and could adjust fees annually. Staff also said the fee could help supply matching funds to leverage larger state or federal grants.
Next steps: Staff said they will gather additional feedback from builders and stakeholders, refine fee levels and the substantial‑improvement threshold and return the ordinance for a second reading and possible adoption at a future meeting (staff suggested an October follow‑up). No final adoption or fees were approved at the Sept. 15 meeting.
Quote from staff: City Engineer Jonathan Baum summarized the problem in blunt terms during his slide presentation: “If you look at this slide, really, the only thing you need to know is red is bad,” referring to maps that flagged ADA noncompliance throughout the city. Baum and transportation staff said the fee program is intended to create a predictable, trackable funding source to address priority gaps.
Speakers at the meeting included city engineering and transportation staff, city management and multiple council members; public commenters raised concerns about equity, sidewalk costs and prioritization around school routes and pedestrian safety.
