Chapter 21.18
CONCURRENCY MANAGEMENT
Sections:
21.18.020 Certificate of capacity.
21.18.030 Pre-existing use rights.
21.18.035 Administrative reconsideration.
21.18.005 Intent.
Pursuant to the State Growth Management Act, Chapter 36.70A RCW, after the adoption of its comprehensive plan, the city of Puyallup 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 transportation 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 helps implement the goals, policies and implementation strategies of the capital facilities plan element of the Puyallup Comprehensive Plan. (Ord. 2456 § 1, 1995).
21.18.010 Definitions.
(1) “Applicant” means a person or entity who has applied for a development permit.
(2) “Available capacity” means the capacity for a transportation facility that is currently available for use.
(3) “Certificate of capacity” means a document issued by the city of Puyallup indicating the quantity of capacity for each concurrency facility that has been reserved for a specific development project on a specific property.
(4) “Concurrency test” means the comparison of an applicant’s impact on transportation facilities to the capacity, including available and planned capacity of the facilities.
(5) “Preliminary concurrency test” means an informal, nonbinding assessment of available transportation capacity.
(6) “Development permit” means a land use or building permit.
(7) “Development permit, final” means a building permit.
(8) “Development permit, preliminary” means short plat, preliminary plat, shoreline substantial development/conditional use permit, preliminary site plan approval, conditional use permit.
(9) “Level of service standard” means the number of units of capacity per unit of demand. The level of service standards used in concurrency tests are those standards specified in the current adopted capital facilities program.
(10) “Planned capacity” means capacity for a transportation facility that is not yet available, but for which the necessary facility construction, expansion or modification project is contained in the current adopted capital facilities plan and scheduled to be completed within six years.
(11) “Service provider” means the department or agency responsible for providing the transportation facility. (Ord. 2456 § 1, 1995).
21.18.015 Concurrency test.
(1) Application. The city review of all applications for preliminary development permits, unless exempted by PMC 21.18.025, shall include a concurrency test. Those final development permits which did not have preceding preliminary development permits shall also be subject to this concurrency test, unless exempted by PMC 21.18.025.
(2) Procedures. The concurrency test will be performed in the processing of the development permit and conducted by the community development and public works departments.
(a) The community development department shall provide the overall coordination of the concurrency test by notifying the service providers of all applications requiring a concurrency test as set forth in subsection (1) of this section; notifying the service providers of all exempted applications which use capacity; notifying the applicant of the test results; notifying the service providers of the final outcome (approval or denial) of the development permit; and notifying the service providers of any expired development permits, discontinued certificates of capacity, or other action resulting in an applicant no longer needing capacity which has been reserved.
(b) All service providers shall be responsible for maintaining and monitoring their available and planned capacity by conducting the concurrency test for their individual facility for all applications requiring a concurrency test as set forth in subsection (1) of this section; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity; notifying the community development department of the results of the tests; 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. The service providers shall also be responsible for reporting the capacity of their facility to the city of Puyallup annually.
(3) Test. Development permits that result in a reduction of a level of service below the minimum level of service standard cannot be approved. For transportation facilities, available and planned capacity will be used in conducting the concurrency test.
(a) If the capacity of transportation 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 PMC 21.18.020.
(b) If the capacity of transportation 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:
(i) Modify the application to reduce the need for transportation facilities;
(ii) Demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;
(iii) Arrange with the service provider to provide the additional capacity of transportation facilities required; or
(iv) Ask for formal reconsideration of the concurrency test to the public works director in accordance with the provision of PMC 21.18.035.
(4) No Development Permit Application. An applicant may request a preliminary concurrency test without an accompanying request for a development permit. A fee, as set forth in the approved fee schedule, will be charged for such preliminary 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 this section. (Ord. 2456 § 1, 1995).
21.18.020 Certificate of capacity.
(1) Issuance. A certificate of capacity, guaranteeing the availability of transportation capacity subject to the terms contained herein, shall be issued upon issuance of the final development permit. If applicable, payment of fee and/or performance of any condition required by a 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.
(2) A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project described in the application and development permit.
(3) A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land.
(4) 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.
(5) 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 available pool of capacity. (Ord. 2456 § 1, 1995).
21.18.025 Exemptions.
(1) No Impact. Development permits for development which creates no measurable additional impacts on any transportation facility are exempt from the requirements of this chapter. Such development includes, but is not limited to:
(a) Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units;
(b) Interior renovations with no change of use or, if a residential use, no increase in number of dwelling units;
(c) Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
(d) Replacement structure with no change in use or increase in number of dwelling units;
(e) Temporary construction trailers;
(f) Driveway resurfacing or parking lot paving;
(g) Reroofing of structures;
(h) Demolitions;
(i) Clearing, filling and grading permits.
The city public works department shall be responsible for determining if other types of development also meet this “no impact” standard so as to be included under this exemption.
(2) Exempt Permits. The following development permits are exempt from the requirements of this chapter:
(a) Boundary line adjustment;
(b) Final plat;
(c) Temporary use/stand permit;
(d) Variance or administrative adjustment;
(e) Clearing, filling and grading permits;
(f) Shoreline substantial development variance;
(g) Rezone/comprehensive plan amendments.
(3) Application Filed Before Effective Date of Chapter. Complete development permit applications that have been submitted before the effective date of the ordinance codified in this chapter are exempt from the requirements of this chapter.
(4) Single-Family Homes. Single-family homes on lots platted before the effective date of the ordinance codified in this chapter are exempt from the requirements of this chapter.
(5) Accessory Dwelling Units. All accessory dwelling units, as defined in this code, are exempt from the requirements of this chapter.
(6) Accounting for Capacity. The capacity for development permits exempted under subsections (3), (4), and (5) of this section shall be taken into account. (Ord. 2456 § 1, 1995).
21.18.030 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 the ordinance codified in this chapter. (Ord. 2456 § 1, 1995).
21.18.035 Administrative reconsideration.
The applicant may appeal the results of the concurrency test within 15 days of the notification of the test results by filing with the public works department a formal request for reconsideration specifying the grounds thereof, using forms authorized by the public works department. Each appeal shall be accompanied by a fee as set forth in Chapter 1.13 PMC, Fees and Charges. Upon filing of such appeal, the public works department shall notify the appropriate service provider(s) of such request. The public works director shall reconsider the test results and issue a determination either upholding the original determination or amending it. (Ord. 2456 § 1, 1995).