Chapter 12.100
PUBLIC FACILITIES – LEVEL OF SERVICES STANDARDS
Sections:
12.100.030 Applicability – Concurrency facilities.
12.100.040 Applicability – Developments.
12.100.060 Relationship to impact fees.
12.100.010 Intent.
The intent of this chapter is to ensure that facilities needed to maintain minimum level of service standards are provided simultaneously with, or within a reasonable time after, development occupancy as required by the State Growth Management Act, Chapter 36.70A RCW. (Ord. 06-01 § 1, 2001).
12.100.020 Definitions.
“Concurrency” means that, based on the schedule of improvements in the appropriate element of the comprehensive plan, each concurrency facility will have capacity to serve the development at time of occupancy, or reasonably soon thereafter, while maintaining the level of service standard.
“Concurrency check” means the comparison of a development’s impact on concurrency facilities to the respective facilities’ existing and planned capacity.
“Concurrency facilities” mean public facilities for which this chapter requires concurrency.
“Developer” means anyone who engages in development.
“Development” means any construction or expansion of a building or structure, or change of land use, that creates additional demand for public facilities.
“Development permit” means a building permit, conditional use permit, preliminary plat, rezone, shoreline permit, short plat, or other land use permit.
“Facilities” means land, buildings, structures, and equipment.
“Level of service (LOS) standard” means the city’s minimum service standard for any of several public facilities, as established in the comprehensive plan. (Ord. 06-01 § 1, 2001).
12.100.030 Applicability – Concurrency facilities.
The concurrency requirement shall apply to streets, water, and sanitary sewer. (Ord. 06-01 § 1, 2001).
12.100.040 Applicability – Developments.
All developments are subject to a concurrency check except:
(1) Single-family homes, duplexes, and accessory dwelling units;
(2) Developments which create no additional impact on any concurrency facility;
(3) Additions or accessory structures which do not intensify the land use or increase the applicable unit of measure (i.e., square feet for nonresidential construction or number of dwelling units for residential construction);
(4) Replacements or renovations of structures which do not intensify or increase the land use;
(5) Temporary structures;
(6) Paving, landscaping, lighting, fencing, or signs;
(7) Demolitions;
(8) Lot line adjustments;
(9) Final plats; and
(10) Developments for which complete permit applications were submitted before the effective date of the ordinance codified in this chapter. (Ord. 06-01 § 1, 2001).
12.100.050 Concurrency check.
(1) Concurrency shall be verified prior to issuance of any city development permit.
(2) The planning director shall administer this chapter and shall consult with the respective city departments or facility providers as necessary to check for concurrency and account for available and committed capacity.
(3) If concurrency cannot be verified, the developer may modify the development to reduce the need for concurrency facilities or arrange with the facility provider for capacity to be increased.
(4) Verifications of concurrency shall run with the land and are not transferable to other developments or other properties.
(5) A verification of concurrency shall expire if the accompanying development permit or facility connection agreement expires.
(6) If the accompanying development permit or facility connection agreement expires, or if the developer withdraws its application, the committed facility capacity shall be returned to the pool of available capacity. (Ord. 06-01 § 1, 2001).
12.100.060 Relationship to impact fees.
The payment of impact fees does not guarantee concurrency, and shall not substitute for a verification of concurrency. (Ord. 06-01 § 1, 2001).
12.100.070 Appeals.
The manner in which concurrency is administered may be appealed to the city council by filing a written appeal with the city clerk within 14 calendar days of completion of the concurrency check. (Ord. 06-15 § 21, 2015; Ord. 06-01 § 1, 2001).