Chapter 17.55
CONCURRENCY MANAGEMENT SYSTEM
Sections:
17.55.040 Certificate of capacity.
17.55.010 Intent.
The intent of this chapter is to establish a concurrency management system to ensure that concurrency facilities and services need to maintain minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development occupancy or use as required by the State Growth Management Act, Chapter 36.70A RCW. Concurrency facilities and services are streets, water, power, sanitary sewer, schools, stormwater management, and parks.
The intent of this chapter is to require a concurrency management system test for those applications to the town for an increase in the number of building lots, or a significant increase in the intensity of land use; the chapter is not intended to require a concurrency management system test for the construction of a single-family home or a duplex, or accessory structures in keeping with residential neighborhoods. This chapter is also intended to further the goals and policies of the Eatonville comprehensive plan. (Ord. 96-04 § 1, 1996).
17.55.020 Definitions.
A. Adequate. At or above the level of service standards specified in the current adopted comprehensive plan.
B. Applicant. A person or entity who has applied for a development permit.
C. Available Capacity. Capacity for a concurrency facility that currently exists for use without requiring facility construction, expansion or modification.
D. Certificate of Capacity. A document issued by public works indicating the quantity of capacity for each concurrency facility that has been reserved for a specific development project on a specific property. The document may have conditions and an expiration date associated with it.
E. Concurrency Facilities. Facilities for which concurrency is required in accordance with the provisions of this chapter are as follows streets, water, power, sanitary sewer, schools, stormwater management, and parks.
F. Concurrency Test. The comparison of an applicant’s impact on concurrency facilities to the capacity, including available and planned capacity, of the concurrency facilities.
G. Development Permit. A land use or building permit. Development permits are classified as exempt, final or preliminary. Exempt permits are set out in EMC 17.55.050.
H. Development Permit, Final. A building permit.
I. Development Permit, Preliminary. The following land use permits: conditional use permit, preliminary plat, rezone, shoreline substantial development/conditional use permit, short plat and site plan approval.
J. Facility and Service Provider. The department, district, or agency responsible for providing specific concurrency facility. Examples include, but are not limited to: town of Eatonville and Eatonville School District No. 404.
K. Level of Service Standard. The level of service standard specified in the current adopted comprehensive plan.
L. Planned Capacity. Capacity for a concurrency facility that does not exist, but for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and scheduled to be completed within six years.
M. Planned Capacity, Transportation Facilities. Capacity for transportation facilities, including streets, for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and financial commitment is in place to complete the improvements within six years. (Ord. 96-04 § 2, 1996).
17.55.030 Concurrency test.
A. Application. All preliminary and final development permit applications are subject to a concurrency test except those exempted in EMC 17.55.050. A complete concurrency test application includes: a preliminary or final development permit application that includes all information required by the Eatonville Municipal Code for the respective permit, any fees for the preliminary or final development permit application and concurrency test fee as set forth in the Eatonville Municipal Code, and a State Environmental Policy Act determination if the permit proposal requires a SEPA analysis as set forth in the Eatonville Municipal Code.
B. Procedures. The concurrency test will be performed in the processing of the development permit and conducted by the public works department, in conjunction with the facility and service providers.
1. The public works department shall provide the overall coordination of the concurrency test by notifying the facility and service providers of all applications requiring a concurrency test as set forth in subsection A of this section; notifying the facility and service providers of all exempted applications which use capacity as set forth in EMC 17.55.050; notifying applicants of the test results; notifying the facility and service providers of the final outcome (approval or denial) of the development permit; and notifying the facility and service providers of any expired development permits or discontinued certificates of capacity.
2. Facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity by conducting the concurrency test, for their individual facility or service, for all applications requiring a concurrency test as set forth in subsection A of this section; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity as set forth in EMC 17.55.050; notifying the public works department of the results of the test; and reinstating any unused capacity as set forth in EMC 17.55.040.
3. Facility and service providers shall be responsible for reporting the total, available and planned capacity of their facility as of the end of each calendar year to the town of Eatonville.
C. Test. Development applications that would result in a reduction of a level of service below the minimum level of service standard cannot be approved. For water, power, sanitary sewer, fire flow and stormwater management only available capacity will be used in conducting the concurrency test. For arterial roads, schools and parks, available and planned capacity will be used in conducting the concurrency test. The test shall be completed by the town within 30 days of receipt of a complete application as set forth in subsection A of this section.
1. If the capacity of concurrency facilities is equal to or greater than capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is passed and the requested development permit application may be approved. A certificate of capacity will be issued according to the provisions of EMC 17.55.040.
2. If the capacity of concurrency facilities is less than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is not passed and the requested development permit application shall not be approved, except as may be authorized below. The applicant may:
a. Accept a 90-day reservation of concurrency facilities that exist and modify the application to reduce the need for concurrency facilities that do not exist;
b. Accept a 90-day reservation of concurrency facilities that exist and demonstrate to the town’s satisfaction that the proposed development will have a lower need for capacity than usual and, therefore, capacity is adequate;
c. Accept a 90-day reservation of concurrency facilities that exist and arrange with the appropriate facility and service provider for the provision of the additional capacity of concurrency facilities required; or
d. Appeal the results of the concurrency test to the town council in accordance with the provision of EMC 17.55.060.
D. Concurrency Inquiry Application. An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. A fee as set forth in the Eatonville Municipal Code, may be charged for such concurrency test. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in EMC 17.55.040. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 96-04 § 3, 1996).
17.55.040 Certificate of capacity.
A. Issuance. A certificate shall be issued at the same time the development permit is issued and upon payment of any fee and/or performance of any condition required by a facility and service provider.
B. Applicability. A certificate of capacity shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit.
C. Transferability. A certificate of capacity is not transferable to other property, but may be transferred to new owners of the original property.
D. Life Span of Certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, the extension shall also apply to the certificate of capacity. If the accompanying development permit does not expire, the certificate shall be valid for three years from the issuance of the certificate.
E. Unused Capacity. Any capacity that is not used because the developer decides not to develop or the accompanying development permit expires shall be returned to the pool of available capacity. (Ord. 96-04 § 4, 1996).
17.55.050 Exemptions.
A. No Impact. Development permits for development which creates no additional impacts on any concurrency facility are exempt from the requirements of this chapter such development includes, but is not limited to:
1. Any addition or accessory structure to a residence, public facility, or business with no change or increase in use or increase in the number of dwelling units;
2. Interior or exterior renovations of structures with no change or increase in the number of dwelling units;
3. Interior or exterior renovations or modifications of structures for a use with the same or less intensity as the existing use;
4. Replacement structure with no change or increase in use or increase in number of dwelling units;
5. Temporary structures;
6. Driveway, resurfacing or parking lot paving;
7. Landscaping, lighting or fencing;
8. Signs;
9. Demolitions;
10. Conditional use permits which do not allow an increase in use or number of new dwelling units above the intensity of use or number of dwelling units allowed by the existing zoning of the property;
11. Variances which do not allow an increase in use or number of new dwelling units above the intensity of use or number of dwelling units allowed by the existing zoning of the property;
12. Building permits for a single-family residence or a duplex to be built on existing lots or parcels platted prior to December 31, 1993.
B. Exempt Permits. The following development permits are exempt from the requirements of this chapter:
1. Lot line adjustment;
2. Final plat;
3. Administrative waiver;
4. Permits for developments that had completed applications submitted before the effective date of this chapter. (Ord. 96-04 § 5, 1996).
17.55.060 Appeals.
A. Basis of Appeal. The applicant may appeal the results of this concurrency test based on three grounds:
1. A technical error;
2. The applicant provided alternative data or a mitigation plan that was rejected by the facility or service provider;
3. Unwarranted delay in review that allowed capacity to be given to another applicant.
B. Procedures. The applicant must file a notice of appeal with the Eatonville town clerk within 15 calendar days of the notification of the test results. The notice of appeal must specify the basis of the appeal and provide supporting data. Each appeal shall be accompanied by a fee as set forth in the town’s fee schedules, with said fee refunded to the appellant should the appellant prevail. Upon filing of such appeal, the town clerk shall notify the appropriate facility and service provider and the public works department of such appeal.
C. Hearing Scheduling and Notification. When an appeal has been filed within the time prescribed, with the supporting data and payment of the required fee, the town clerk shall place such appeal upon the town council’s agenda. Notice of public hearing shall be given to the applicant the appropriate facility and service provider, at least 15 days prior to the hearing date.
D. Record. The appropriate facility and service provider shall transmit to the town clerk all papers, calculations, plans and other material constituting the record of the concurrency test, at least seven days prior to the scheduled hearing date. Within three days prior to the hearing date the town clerk shall transmit the appellant’s notice of appeal and supporting data to the town council. The town council shall consider the appeal upon the record transmitted, supplemented by any additional evidence which the appellant, the facility and service provider, and the town submit.
E. Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the town and/or facility provider was in error.
F. Hearing and Decision. The town council shall conduct the hearing and render the decision in accordance with applicable local, state and federal rules and laws.
G. Reconsideration and Appeal of Town Council Decision. The decision of the town council’s shall be considered a final decision, appealable only to the Superior Court of Washington for Pierce County. Appeals to the superior court shall be commenced within 30 calendar days of the final action of the town council. (Ord. 96-04 § 6, 1996).
17.55.070 Fee schedule.
When authorized by this chapter, fees shall be as set forth in the Eatonville Municipal Code or by town resolution. (Ord. 96-04 § 7, 1996).