Chapter 14.11
WATER CONCURRENCY
Sections:
14.11.020 Concurrency certification.
14.11.030 Concurrency determination.
14.11.040 Water concurrency certificate.
14.11.010 Definitions.
The following definitions and those set forth in AHMC 14.01.030 apply to this chapter:
A. Applicant. A person or entity who has submitted a development or a building permit application and has applied for a water concurrency certification to obtain water service pursuant to AHMC 13.04.020.
B. Certificate of Water Capacity (“Concurrency”). A document issued by the Public Works Department indicating the quantity of water capacity for a specific development project on a specific property. The document may contain conditions and an expiration date.
C. Concurrency Test. The analysis of an applicant’s impact on the City water system facilities and the capacity (amount/volume) of available public water.
D. Development. See AHMC 14.01.030.
E. ERU. See AHMC 13.04.015(H).
F. “Good cause” means the applicant/developer has exercised and can demonstrate due diligence to develop and construct the project which is supported by the certificate of water concurrency which includes: obtaining required development permits from governmental authorities; engaging contractors to construct improvements within a defined schedule in accordance with applicable conditions, permits, ordinances, laws, standards, rules and regulations; proof of adequate financing to fund the constructed improvements and such other justification(s) to explain the project delay including changed conditions or unexpected circumstances that have delayed construction/installation of improvements set forth in the development/building permit(s). (Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 2, 2022)
14.11.020 Concurrency certification.
The City’s concurrency management system for public water is intended to set forth the procedure and process to determine whether public facilities have adequate capacity to provide water to a proposed development. This process identifies responses where it is determined that adequate capacity is/is not available to accommodate a project.
The City concurrency management system will determine the available public water allocated to authorized/approved development permit applications for single, multifamily, and other development, subject to the below requirements. A water concurrency certificate is valid from its date of issuance through the expiration period set forth in this section.
A. A water concurrency certificate shall be issued in conjunction with a building permit for a single-family residential unit, duplex or triplex (from the date of issue), plus a six-month extension for good cause.
1. No person shall be issued more than 20 building permits within a 12-month period that commences on the date of application for the first issued building permit and ends 12 months thereafter (“limitation period”). For purposes of this chapter, a “person” includes an individual, a limited liability company, a corporation, a partnership, a joint venture, or other entity that is authorized to do business in the state of Washington and City of Airway Heights. Following completion and issuance of a certificate of occupancy for a building permit, the owner may thereafter apply for additional building permit(s) during the limitation period; provided, such person has been issued a total of no more than 20 building permits which are still active (meaning construction is not complete).
B. For multifamily dwellings of four units, a single applicant may obtain a water certificate of concurrency for up to 16 units that is valid for a 12-month period, plus a six-month extension for good cause.
C. For multifamily developments which exceed 16 units but are less than 30 units, an applicant may receive a certificate of water concurrency that is valid for a 12-month period plus a six-month extension for good cause. A subsequent water certificate of concurrency on the same parcel shall not be awarded to the same applicant until such time as the water connection and service from the City of Airway Heights public water system is approved by the City.
D. For commercial, industrial, institutional, and other nonresidential uses a water concurrency certificate may be issued based on the amount (or capacity) of the available City water supply. The concurrency determination is set forth in AHMC 14.11.030. A water certificate of concurrency for one of the uses identified in this subsection shall be valid for a 12-month period. A six-month extension shall be available for good cause.
E. Preliminary Plats. Pursuant to RCW 58.17.110, the City is required to make written findings that “appropriate provisions” are made for potable water supplies to support the public health, safety, and general welfare to ensure the public use and interest is served by the subdivision. In the event the city is unable to make the determination set forth above based upon the City water supply system, “appropriate provisions” may include a schedule for obtaining potable water, an allocation of potable water for a number of lots within the preliminary plat, a future allocation of potable water, conditions placed on the preliminary plat providing that application for water concurrency certificates may be submitted upon complete building permit application, or other reasonable conditions that support the subdivision and the health and welfare of the City, its residents, and visitors. Notwithstanding the above, building permits require a connection to an existing public water system where potable water can be provided. RCW 19.27.097(2). Lots within a final plat may obtain a water concurrency certificate as set forth herein with a complete application for one or more individual building permits.
The conditions set forth in subsection (E) of this section apply to binding site plans and short plats as set forth in Chapter 58.17 RCW. (Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-984 § 1, 2022; Ord. C-982 § 3, 2022)
14.11.030 Concurrency determination.
A. Application. All development and building permit applications are subject to a concurrency determination except those exempted in AHMC 14.11.020.
B. Procedures.
1. The concurrency determination will be made during the processing of the building permit.
2. The Planning or Building Department shall coordinate the concurrency determination by notifying the Public Works Department and service providers of all development applications (and applications for building permits which are processed and coordinated in a manner consistent with this chapter).
3. The Public Works Department shall periodically report to the Planning and Building Department the total available and planned capacity of the water system at the end of each calendar year.
4. The City of Airway Heights Public Works Department shall develop an administrative system for the purpose of managing, monitoring, allocating, and determining all disputes associated with the allocation of water concurrency certificates set forth in this chapter.
C. Determination. The allocation of public water will be based upon the available water supply and other criteria as determined by the Public Works Director through written policy approved by the City Council. The existing available capacity (which has not been allocated through this chapter) will be used in the concurrency test.
1. If the capacity of concurrency facilities, either existing or as planned, is equal to or greater than the capacity required by the development permit, the concurrency determination is satisfied. A certificate of capacity will be issued according to the provisions of this chapter.
2. If the concurrency determination does not allocate sufficient water for the proposed use, the applicant may accept a 90-day reservation of the requested concurrency capacity that exists and:
a. Modify the application to reduce the water demand;
b. Demonstrate to the City’s satisfaction that the development will have a lesser demand for water and, therefore, capacity is adequate;
c. Arrange for the provision of the additional water capacity; or
d. Appeal the results of the concurrency test to the Hearing Examiner in accordance with the provisions of this chapter. The 90-day reservation period is tolled from the date an appeal is filed until the date the Hearing Examiner signs his written opinion. (Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-984 § 2, 2022; Ord. C-982 § 4, 2022)
14.11.040 Water concurrency certificate.
A. Issuance. A certificate of capacity shall be issued at the same time the development permit is issued following payment of fee(s) and/or performance of any condition(s) required by the City.
1. A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project on the property as described in the application and development or building permit.
2. A certificate of capacity is not transferable to other property, but may be transferred to new owners of the same property.
B. Duration of Certificate. A certificate of capacity shall expire if the accompanying development or building permit expires or is revoked. For reasons beyond the control of an applicant, a certificate of capacity may not be extended beyond 18 months on the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, the certificate of capacity shall automatically extend for the same term.
C. Unused Capacity. Any water capacity that is not used for any reason shall be returned to the City and become available capacity.
D. No Impact. Development permits for buildings and improvements which create no additional impact on the water system are exempt from the requirements of this chapter. Such development includes, but is not limited to:
1. Any addition to a residence or accessory structure with no change in use or increase in the number of residential units;
2. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
3. Replacement structure with no change in use or increase in number of residential units;
4. Other uses determined by the City Manager.
E. Exempt Permits. The following development permits are exempt from the requirements of this chapter:
1. Boundary line adjustment;
2. Final plats;
3. Temporary use permit;
4. Variance;
5. Waiver.
F. Interior Renovations. Interior renovations that do not add additional residential units are exempt from the requirements of this chapter. (Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 5, 2022)
14.11.050 Appeals.
A. Procedures. The applicant may appeal the results of the concurrency test to the City Hearing Examiner. The applicant must file a notice of appeal with the Planning Department within 15 days of the notification of the test results. The notice of appeal must specify the claim being appealed, supporting evidence and other relevant information, and be timely submitted on forms authorized by the Planning Department. Each appeal shall be accompanied by a fee set forth by resolution of the City Council. Upon filing of such appeal, the Planning Department shall notify the Public Works Department and other relevant agencies by providing the notice of appeal (and attachments).
B. Hearing Scheduling and Notification. The hearing scheduling and notification shall be as set forth in Chapter 14.08 AHMC.
C. Record. The Planning Department and appropriate service provider(s) shall transmit to the Hearing Examiner all papers, calculations, plans and other materials relating to the concurrency test at least 10 days prior to the scheduled hearing date.
D. Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the concurrency determination was either clearly erroneous, not based upon substantial evidence or contrary to law.
E. Hearing and Decision. The Examiner shall conduct the hearing and render the decision in accordance with the provisions of Chapter 14.08 AHMC. (Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 6, 2022)