Chapter 22.12
CONCURRENCY MANAGEMENT
Sections:
22.12.003 Certificate of capacity.
22.12.005 Pre-existing use rights.
22.12.001 Intent.
Pursuant to the Washington State Growth Management Act (GMA), Chapter 36.70A RCW, after the adoption of its comprehensive plan, the city of Fircrest is required to ensure that applicable public improvements or strategies to accommodate the impacts of development are made concurrent with the development. The intent of this chapter is to establish a concurrency management system to ensure that all public facilities and services needed to maintain minimum level of service standards are available simultaneous to or within a reasonable time after development occupancy or use. This chapter implements the goals, policies and implementation strategies of the capital facilities element of the comprehensive plan. (Ord. 1275 § 1, 2001).
22.12.002 Concurrency test.
(a) Application. The city review of all applications for preliminary development permits, unless exempted by FMC 22.12.004, shall include a concurrency test. Any final development permits that did not have preceding preliminary development permit approval shall also be subject to this concurrency test, unless exempted by FMC 22.12.004.
(b) Procedures. The concurrency test will be performed in the processing of the development permit and conducted by the planning/building department in conjunction with the public works department and other facility and service providers.
(1) The planning/building 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 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) The 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; notifying the planning/building department of the results of the test; and reinstating any capacity for an expired development permit, discontinued certificate of capacity, or other action resulting in an applicant no longer needing capacity which has been reserved.
(c) Test. Development permits that result in a reduction of a level of service below the minimum level of service standard cannot be approved. For arterial roads, transit, fire/EMS, law enforcement, schools and parks, available and planned capacity will be used in conducting the concurrency test. For water, power, sanitary sewer, fire flow and stormwater management, only available capacity will be used in conducting the concurrency test.
(1) If the capacity of public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact from the development permit, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of FMC 22.12.003.
(2) If the capacity of public facilities is less than the capacity required to maintain the level of service standard for the impact from the development permit, the concurrency test is not passed. The applicant may:
(A) Modify the application to reduce the need for public facilities that do not exist;
(B) Demonstrate to the director’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;
(C) Arrange with the appropriate facility and service provider capacity for the provision of the additional concurrency facilities required; or
(D) Appeal the results of the concurrency test to the hearing examiner in accordance with the provisions of FMC 22.12.006.
(d) SEPA. Nothing in this chapter is intended to limit the application of the State Environmental Policy Act (SEPA) to specific proposals. Each proposal not exempt under SEPA shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act. (Ord. 1638 § 7, 2019; Ord. 1275 § 1, 2001).
22.12.003 Certificate of capacity.
(a) Issuance. A certificate of capacity, guaranteeing the availability of public facility capacity subject to the terms contained herein, shall be issued upon approval of the development permit. If applicable, the payment of a fee and/or the performance of any condition required by the city or other facility and service provider shall be a condition of certificate of capacity issuance. Administrative procedures may specify issuance of certificate of capacity at an earlier timeframe and conditions required thereof.
(b) A certificate of capacity shall apply only to the specific land uses, densities, intensities and development described in the application and development permit.
(c) A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land.
(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, so shall the certificate of capacity. If the accompanying development permit does not expire, the certificate of capacity shall be valid for five years.
(e) Unused Capacity. Any capacity that is not used because the developer decides not to develop or because the accompanying development permit expires shall be returned to the available pool of capacity. (Ord. 1275 § 1, 2001).
22.12.004 Exemptions.
(a) No Impact. Development permits for development that creates no measurable additional impacts on any public facility are exempt from the requirements of this chapter. Such development includes, but is not limited to:
(1) Any accessory structure or addition to a residence with no change in use or increase in the number of dwelling units;
(2) Interior renovations with no change of use or, if a residential use, no increase in number of dwelling units;
(3) Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
(4) Replacement structure with no change in use or floor area (for nonresidential uses) or increase in number of dwelling units;
(5) Temporary construction trailers;
(6) Driveway resurfacing or parking lot paving;
(7) Re-roofing of structures;
(8) Demolitions; and
(9) Other types of development determined by the director to meet this “no impact” standard.
(b) Exempt Permits. The following development permits are exempt from the requirements of this chapter:
(1) Boundary line adjustment or lot combination;
(2) Final plat, if a concurrency test was conducted for the corresponding preliminary plat approval;
(3) Temporary use permit;
(4) Variance or administrative use permit;
(5) Clearing, filling and grading permit;
(6) Administrative design review;
(7) Rezone/comprehensive plan amendment;
(8) Sign permit;
(9) Complete development permit applications submitted before the effective date of this chapter; and
(10) Building permits for single-family, duplex and accessory dwelling units. This exemption does not apply to the plat within which the dwelling units are being constructed.
(c) Accounting for Capacity. The capacity for development permits exempted under subsections (b)(9) and (10) of this section shall be subtracted from available capacity. (Ord. 1275 § 1, 2001).
22.12.005 Pre-existing use rights.
Development permits that were issued before the effective date of the ordinance codified in this chapter shall be considered to have capacity as long as the accompanying development permit is valid. If the accompanying development permit does not expire, capacity shall be considered to be available for five years after the effective date of this chapter. (Ord. 1275 § 1, 2001).
22.12.006 Appeals.
Determinations by the director with respect to the applicability of concurrency management to a given development activity or any other determination which the director is authorized to make pursuant to this chapter may be appealed to the hearing examiner as provided for in Chapter 22.05 FMC. Upon receiving an appeal, the director shall notify the appropriate facility or service provider(s) of the appeal. After conducting a public hearing, the hearing examiner shall issue a determination either upholding the original determination or amending it. (Ord. 1638 § 8, 2019; Ord. 1275 § 1, 2001).