Chapter 11.32
TRANSPORTATION CONCURRENCY
Sections:
11.32.010 Title, authority, purpose.
11.32.030 Components of the integrated transportation program.
11.32.040 Level of service standards.
11.32.050 Requirement for certificate of concurrency.
11.32.070 Exemptions and concurrency.
11.32.080 Transportation impact fees.
11.32.100 Certificate of concurrency.
11.32.120 Intergovernmental coordination.
11.32.150 Exemption from SEPA.
11.32.010 Title, authority, purpose.
(1) This chapter shall be known as and may be cited as the “transportation concurrency” ordinance.
(2) This chapter is enacted pursuant to the city of Oak Harbor’s comprehensive plan and the Growth Management Act, RCW 36.70A.070.
(3) It is the purpose of this chapter to:
(a) Assure adequate levels of service on transportation facilities for existing use as well as new development in the city of Oak Harbor.
(b) Provide adequate transportation facilities that achieve and maintain city standards for levels of service as provided in the comprehensive plan.
(c) Ensure that city level of service standards are achieved “concurrently” with development (as required by the Growth Management Act) by denying approval of development that would cause the level of service on transportation facilities to decline below city standards. Applicants for development may propose mitigation measures that will achieve and maintain the city’s standard for level of service. (Ord. 1836 § 1, 2018).
11.32.020 Definitions.
The following words and terms as used in this chapter shall have the following definitions:
(1) “Adequate” means that transportation facilities meet or exceed the city’s standard for level of service.
(2) “Capacity” means the maximum number of vehicles that can be accommodated during a specified travel period at a specified level of service. Capacity shall be calculated according to the most recent Highway Capacity Manual, or alternative method approved by the city.
(3) “Certificate of concurrency” means the document issued by the director indicating:
(a) The location or other description of the property on which the development is proposed;
(b) The type of development permit for which the certificate of concurrency is issued;
(c) The specific issues, densities, and intensities that were tested for concurrency and which are authorized for development of the property;
(d) The capacity of transportation facilities that is available and reserved for the development described in the certificate;
(e) An effective date; and
(f) An expiration date as indicated in OHMC 11.32.060.
(4) “Completion of development” means a certificate of occupancy has been issued.
(5) “Concurrency” means transportation facilities or strategies that achieve the city’s standard for level of service and:
(a) Exist at the time development is approved by the director; or
(b) Are planned in the comprehensive plan at the time development is approved by the director; or
(c) Will be available and complete no later than six years after the completion of development as provided by a financial commitment by the applicant that is in place at the time development is approved by the director.
(6) “Concurrency test” means the comparison of the vehicle trips generated by a proposed development to the vehicle trips capacity of existing and planned transportation facilities. Vehicle trips are estimated by the most recent version of the Institute of Transportation Engineers Trip Generation Manual. The concurrency test is conducted using the city’s concurrency spreadsheet. A concurrency test must be passed in order to obtain a certificate of concurrency and a development permit.
(7) “Director” for purposes of this chapter shall be the development services director or his or her designee.
(8) “Encumber” means capacity is set aside in the city’s concurrency records in a manner that prevents the same capacity being given to any other applicant while the application is being reviewed for all other (nonconcurrency) requirements. Encumbered capacity is held by the director and is not given to the applicant.
(a) If the application is approved, the encumbrance is converted to a reservation, documented in a certificate of concurrency and given to the applicant.
(b) If the application is denied, the encumbrance is returned to the pool of uncommitted capacity to be available for other applicants.
(9) “Final development permit” means a building permit. See OHMC 11.32.070 for exemption from concurrency when alteration of an existing nonresidential structure does not expand the usable space.
(10) “Financial commitment” means:
(a) Revenue sources forecasted to be available and designated for transportation facilities or strategies in the comprehensive plan;
(b) Unanticipated revenue from federal or state grants for which the city has received notice of approval; or
(c) Revenue that is assured by an applicant in a form approved by the director.
(11) “Level of service standard” for streets means:
(a) “D” for the city streets during the p.m. peak hour (4:00 p.m. to 6:00 p.m.), as defined in the most recent version of the Highway Capacity Manual.
(b) “E” for SR 20 corridor during the p.m. peak hour (4:00 p.m. to 6:00 p.m.), as defined in the most recent version of the Highway Capacity Manual.
(12) “Nonconcurrency affidavit” means a document signed by an applicant which defers the application for a certificate of concurrency and the concurrency test, and acknowledges that future rights to develop the property are subject to the deferred concurrency test.
(13) “Reserve” means capacity is set aside in the city’s concurrency records in a manner that assigns the capacity to the applicant and prevents the same capacity being given to any other applicant. Reservations differ from encumbrances: encumbrances are held by the director during the review of an application for nonconcurrency requirements, reservations are given to applicants after approval of all requirements.
(14) “Transportation facilities” means principal, minor and collector arterial roads, streets, highways, freeways, and interstate facilities. Transportation facilities include any such facility owned, operated or administered by the state of Washington and its political subdivisions, including the city.
(a) “Existing” transportation facilities are in place at the time a concurrency test is performed.
(b) “Planned” transportation facilities are scheduled to be completed no later than the sixth year of the most recent capital improvement plan (alternate language: transportation improvement plan, or capital facilities plan) at the time the director approves the development.
(15) “Transportation strategies” means transportation demand management strategies and other techniques or programs that reduce single-occupant vehicle commute travel. (Ord. 1836 § 1, 2018).
11.32.030 Components of the integrated transportation program.
There are four components of the city’s integrated transportation program, the goal of which is to operate the program safely and efficiently for all modes of travel. These components are as follows:
(1) Level of service (LOS) standards to evaluate the performance of the city’s multimodal transportation system and to ensure that the system is built over time to maintain LOS standards (OHMC 11.32.040).
(2) Concurrency, defining an adequate transportation system (OHMC 11.32.060).
(3) Transportation impact fees to require new growth and development to pay a proportionate share of the cost of new multimodal transportation improvements to serve the new growth and costs (OHMC 11.32.080).
(4) Safe site access to facilitate safe and efficient operation of the transportation system through site-access improvements (OHMC 11.32.090). (Ord. 1836 § 1, 2018).
11.32.040 Level of service standards.
Level of service standards are established for different modes of travel within the city:
(1) Roadway Level of Service Standards.
(a) The level of service for roadways shall be as described using the most recent Transportation Research Board Highway Capacity Manual. The LOS shall be amended on a date selected by the director whenever the LOS in the Highway Capacity Manual is amended by the Transportation Research Board.
(b) Roadway LOS shall be:
(i) “D” for the city streets during the p.m. peak hour (4:00 p.m. to 6:00 p.m.), as defined in the most recent version of the Highway Capacity Manual.
(ii) “E” for SR 20 corridor during the p.m. peak hour (4:00 p.m. to 6:00 p.m.), as defined in the most recent version of the Highway Capacity Manual.
(c) Roadway LOS shall be measured at intersections of classified roadways.
(2) Pedestrian Level of Service Standards.
(a) The city has designated a yellow LOS for pedestrian facilities where indicated in the pedestrian priority network (defined in the Oak Harbor Transportation Plan, August 2016) as the minimum standard to achieve.
(b) Outside of the pedestrian priority network, the city does not establish an LOS for pedestrian facilities.
(3) Bicycle Level of Service Standards.
(a) The city has designated a yellow LOS for bicycle facilities where indicated in the bicycle priority network (as defined in the Oak Harbor Transportation Plan, August 2016).
(b) Outside of the bicycle priority network, the city does not establish an LOS for bicycle facilities.
(4) Transit Level of Service Standards.
(a) The Oak Harbor Transportation Plan, August 2016, contains guidance for providing quality transit amenities and access to an identified transit priority network. While the city does not control transit service, it has established the following level of service standards for transit stop amenities and pedestrian access to transit:
(i) The city has designated a yellow LOS for transit stop amenities and pedestrian access to transit as the minimum standard to achieve.
(ii) Outside of the transportation priority network, the city does not establish an LOS for transit stop facilities. (Ord. 1836 § 1, 2018).
11.32.050 Requirement for certificate of concurrency.
(1) Each applicant for a final development permit, except as provided in OHMC 11.32.070, shall apply for a certificate of concurrency.
(2) Each applicant for a final development permit, except as provided in OHMC 11.32.070, shall elect one of the following options:
(a) Apply for a certificate of concurrency; or
(b) Execute a nonconcurrency affidavit.
(3) Applications for certificates of concurrency and nonconcurrency affidavits shall be submitted on forms provided by the director. (Ord. 1836 § 1, 2018).
11.32.060 Concurrency test.
(1) The director shall perform a concurrency test for each application for a certificate of concurrency unless exempt under OHMC 11.32.070.
(2) Applications for final development permits shall be tested for concurrency in the same order as the applications were received by the director.
(3) The concurrency test shall be performed only for the specific property, uses, densities and intensities based on information provided by the applicant. Applicants shall specify densities and intensities that are consistent with the uses allowed for the property. If the concurrency test is being requested in conjunction with a rezoning, the applicant shall specify densities and intensities that are consistent with the proposed zoning of the property. Changes to the uses, densities and intensities that create additional impacts on transportation facilities shall be subject to an additional concurrency test.
(4) Transportation concurrency shall be determined using the city owned and maintained concurrency spreadsheet. This spreadsheet compares the amount of transportation capital facilities constructed or programmed in the next six years (vehicle trip capacity) against the amount of vehicle trips that would be generated by new development (vehicle trip demand). Vehicle trip capacity shall be determined annually in coordination with the city’s transportation improvement program. If the city’s vehicle trip capacity is larger than the vehicle trips that would be generated by new development, then the transportation system will be deemed to be concurrent.
(5) The director may approve a reduction in estimated vehicle trips based on the types of land uses that are to be developed or expected travel characteristics of the development.
(a) The calculation of vehicle trip reductions shall be based upon sound and recognized technical information and analytical processes that represent current engineering practice. In all cases, the director shall have final approval of all such data, information and technical procedures used to calculate vehicle trip reductions.
(b) If the vehicle trip demand exceeds vehicle trip capacity, the concurrency test is not passed, and the applicant shall select one of the following options:
(i) Accept a 90-day encumbrance of transportation facilities that are available, and within the same 90-day period amend the application to reduce the need for transportation facilities to the capacity that is available, or voluntarily arrange for the transportation facilities needed to achieve concurrency. Reduction of need can be through reduction of the size of the development (so long as minimum density requirements are met), reduction of trips generated by the original proposed development, or phasing of the development to match future transportation facility construction; or
(ii) Accept the denial of an application for a certificate of concurrency; or
(iii) Appeal the denial of the application for a certificate of concurrency, pursuant to the provisions of OHMC 11.32.130. The director shall encumber any available capacity during the appeal. (Ord. 1836 § 1, 2018).
11.32.070 Exemptions and concurrency.
The following applications for a development permit are exempt from the concurrency requirement, and may commence development without applying for a certificate of concurrency:
(1) The first renewal of a previously issued unexpired permit;
(2) Expansions or phases of projects that were disclosed by the applicant and subject to a concurrency test as part of the original application (i.e., phased development); provided, that a certificate of concurrency was issued for the expansion or subsequent phase;
(3) Alterations of an existing nonresidential structure that do not expand the usable space. (Ord. 1836 § 1, 2018).
11.32.080 Transportation impact fees.
Transportation impact fees shall be assessed and collected as described in OHMC 3.63.065. (Ord. 1836 § 1, 2018).
11.32.090 Safe site access.
(1) In order to receive a final development permit, developments shall provide for safe site access to facilitate safe and efficient operation of the multimodal transportation system, in accordance with the street design standards adopted by Chapter 11.17 OHMC.
(2) For the purposes of this chapter, the developer shall achieve “safe site access” by mitigating either or both of the following when the development is complete and able to generate traffic:
(a) A roadway intersection that provides access to a proposed development and that will function at a level of service worse than specified in OHMC 11.32.040; or
(b) A roadway intersection or approach lane where the director determines that a hazard to safety would result.
(3) The developer shall provide improvements which bring the site access into compliance with the level of service as may be required by the director. Approval to construct the development shall not be granted until the developer has satisfied the concurrency definition and its elements, as set forth in OHMC 11.32.060.
(4) The director reserves the right to require additional analysis and mitigations in cases where proposed development warrants supplementary analysis. (Ord. 1836 § 1, 2018).
11.32.100 Certificate of concurrency.
(1) A certificate of concurrency shall be issued by the director for each application that passed the concurrency test.
(2) The director may issue certificates of concurrency first for the earliest application reviewed and approved. Subsequent certificates may be issued in the order of completion of review and approval. The purpose of this section is to enable applicants who are ready for approval to receive a certificate of concurrency, even if their application was submitted after an earlier applicant. The operation of this section allows the director to unencumber capacity being held for an applicant who is unable to complete the review process in order to give the capacity to another applicant who has completed the review process. It is the city’s intent to treat applications on a “first-come, first-served” basis, but to use this section to avoid the delays in approval of development caused by applicants who are unable to complete the review process as a result of their own action (or inaction).
(3) Upon issuance of a certificate of concurrency, the director shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of concurrency.
(4) Certificates of concurrency issued with a final development permit shall be valid for the same period of time as the final development permit. Concurrency must be achieved no later than six years from the issuance of the building permit.
(5) A certificate of concurrency can be extended to remain in effect for the life of each subsequent development permit for the same parcel, as long as the applicant obtains the subsequent development permit prior to the expiration of the earlier development permit. No development shall be required to obtain more than one certificate of concurrency, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity, or land use that creates additional impacts on transportation facilities. Extensions of certificates of concurrency shall not extend the time limits for achieving concurrency set forth in OHMC 11.32.060.
(6) A certificate of concurrency runs with the land and is valid only for subsequent development permits for the same parcel, and to new owners of the original parcel for which it was issued. A certificate of concurrency cannot be transferred to a different parcel, and shall be limited to the uses, densities and intensities for which it was originally issued.
(7) Upon subdivision of a parcel that has obtained a certificate of concurrency, the director shall replace the certificate of concurrency by issuing a separate certificate of concurrency to each subdivided parcel, assigning to each a pro rata portion of the concurrency capacity rights of the original certificate. The director may modify such assignment upon petition of the owner, or may reject such petition.
(8) A certificate of concurrency shall expire if the underlying development permit expires or is revoked or denied.
(9) All development permits that require one or more transportation facilities provided by the development shall condition the issuance of any final development permit on financial commitment by the applicant, binding on subsequent owners, and on completion of such transportation facilities. (Ord. 1836 § 1, 2018).
11.32.110 Fees.
(1) Applications for a certificate of concurrency shall pay an administrative fee for conducting the concurrency test. The amount of the fee shall be set forth in a fee schedule, and shall be in addition to the fee for traffic impact analysis. The concurrency test fee shall not be refundable.
(2) All applications that are exempt from the concurrency test pursuant to OHMC 11.32.070 are exempt from the concurrency test administrative fee.
(3) Upon notification by the director that a certificate of concurrency has been approved, but prior to the issuance of the certificate, the applicant shall pay a fee to reserve the capacity of needed transportation facilities:
(a) Applicants for a final development permit shall pay any transportation impact fee that is imposed by the city.
(b) In addition, the applicant must guarantee by:
(i) Satisfactory bond in twice the amount of the costs of the improvements required; or
(ii) Other satisfactory assurances that all traffic impact mitigation measures required under other law will be completed prior to completion of development. (Ord. 1836 § 1, 2018).
11.32.120 Intergovernmental coordination.
The city may enter into agreements with other local governments and the state of Washington to coordinate the imposition of level of service standards, impact fees and other mitigations for transportation concurrency.
(1) The city may apply transportation standards, fees and mitigations to development in the city that impacts other local governments and the state of Washington. Development permits issued by the city may include conditions and mitigations that will be imposed on behalf of and implemented by other local governments and the state of Washington.
(2) The city may receive impact fees or other mitigations based on or as a result of development proposed in other jurisdictions that impact the city. The city may agree to accept and implement conditions and mitigations that are imposed by other jurisdictions on development in their jurisdiction. (Ord. 1836 § 1, 2018).
11.32.130 Appeals.
An applicant may appeal a denial or conditional approval of a certificate of concurrency to the hearing examiner. Appeals must be in writing and filed within 10 days of applicant’s notification of director’s denial or conditional approval. (Ord. 1836 § 1, 2018).
11.32.140 Annual update.
(1) The director shall report on an annual basis on issues relating to this chapter to the planning commission.
(2) The planning commission shall review this chapter and recommend any updates on an annual basis.
(3) The planning commission shall establish and broadly disseminate to the public a public participation program. This program shall provide for broad dissemination of reports and proposals and provide for any interested party the opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments pursuant to RCW 36.70A.140. (Ord. 1836 § 1, 2018).
11.32.150 Exemption from SEPA.
A determination of concurrency shall be an administrative action of the city of Oak Harbor that is categorically exempt from the State Environmental Policy Act (SEPA). (Ord. 1836 § 1, 2018).
11.32.160 Interpretation.
Nothing in this chapter shall be construed as preventing the requirement for mitigation of traffic impacts under other ordinance or law including those allowed under SEPA, Chapter 58.17 RCW and RCW 82.02.020. (Ord. 1836 § 1, 2018).