Chapter 20.60
Adequacy of Public Facilities
Sections:
Subchapter 1. General Provisions
20.60.020 General requirements.
Subchapter 2. Wastewater, Water Supply and Fire Protection
20.60.030 Adequate wastewater (sewer) disposal.
20.60.040 Adequate water supply.
20.60.050 Adequate fire protection.
Subchapter 3. Surface and Stormwater Management
20.60.070 Adequate surface water management system.
Subchapter 4. Streets and Access
Subchapter 1.
General Provisions
20.60.010 Purpose.
The purpose of this subchapter is to:
A. Ensure that the adequate provision of public facilities and services is maintained as new development occurs; and to
B. Fairly allocate the cost of those facilities and services. (Ord. 238 Ch. VI § 1(A), 2000).
20.60.020 General requirements.
A. All development proposals that require City approval shall be adequately served by the following facilities and services prior to the time of occupancy, plat recording, or other land use approval, as further specified in this chapter:
1. Sewer and/or wastewater disposal;
2. Water supply;
3. Fire protection service;
4. Surface water and stormwater management; and
5. Streets and access.
B. Regardless of the number of related permits required for a single development proposal, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal.
C. All sewer and water connections within the City right-of-way shall be made in accordance with the applicable engineering standards specified in Chapter 20.70 SMC. (Ord. 238 Ch. VI § 1(B), 2000).
Subchapter 2.
Wastewater, Water Supply and Fire Protection
20.60.030 Adequate wastewater (sewer) disposal.
All development proposals shall be served by a public wastewater disposal system, including both collection and treatment facilities as follows:
A. For the issuance of a building permit, preliminary plat approval, or other land use approval the disposal system for the project site has been approved by the Department as being consistent with adopted rules and regulations of the applicable government, agency, or district;
B. For the issuance of a certificate of occupancy for a building or change of use permit, the approved wastewater disposal system is installed to serve each building or lot;
C. For recording a final plat, final short plat or binding site plan the approved wastewater disposal system is installed or bonded to serve each lot respectively; and
D. For a zone reclassification the timing of installation of required wastewater system improvements is contained in the approving ordinance. (Ord. 299 § 1, 2002; Ord. 238 Ch. VI § 2(A), 2000).
20.60.040 Adequate water supply.
All development proposals shall be served by an adequate public water supply system as follows:
A. For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant can demonstrate that:
1. The existing water supply system available to serve the site complies with the requirements of adopted rules and regulations of the applicable government, agency, or district.
2. The proposed improvements to an existing water system or a proposed new water supply system have been reviewed by the Department and determined to comply with the design standards and conditions specified above;
B. Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved water system and any system improvements are installed to serve each building or lot respectively;
C. For recording a final plat, final short plat or binding site plan, either the approved water supply system or system improvements shall be installed or bonded to serve each lot, within two years of recording; and
D. For a zone reclassification the timing of installation of required water system improvements is included in the approving ordinance. (Ord. 669 § 1 (Exh. A), 2013; Ord. 238 Ch. VI § 2(B), 2000).
20.60.050 Adequate fire protection.
All new development shall be served by adequate fire protection as set forth below:
A. The site of the development proposal is served by a water supply system that is consistent with the provisions of Chapter 15.05 SMC;
B. The development proposal has adequate access to a street system or fire lane system that provides life safety/rescue access, and other adopted fire protection requirements for buildings;
C. The timing of installation of required fire protection improvements for development proposals shall be stated in the project approval or approving ordinance, and installed prior to occupancy. The improvements may be secured with a bond or similar security upon approval from the Director and the Fire Marshal. (Ord. 555 § 1 (Exh. 1), 2009; Ord. 238 Ch. VI § 2(C), 2000).
Subchapter 3.
Surface and Stormwater Management
20.60.060 Purpose.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(A), 2000).
20.60.070 Adequate surface water management system.
All new development shall be served by an adequate surface water management system as follows:
A. The existing or proposed system is adequate if the site of the development proposal is served by a surface water management system approved by the Department as being consistent with the design, operating and procedural requirements adopted by the City as defined in Chapter 13.10 SMC, Surface Water Management Code and adopted standards;
B. Repealed by Ord. 531. (Ord. 531 § 1 (Exh. 1), 2009; Ord. 238 Ch. VI § 3(B), 2000).
20.60.080 Development proposal requirements.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(C), 2000).
20.60.090 Core surface water and stormwater requirements.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(D), 2000).
20.60.100 Special requirements.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(E), 2000).
20.60.110 Construction timing and final approval.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(F), 2000).
20.60.120 Water quality.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(G), 2000).
20.60.130 Best management practices.
Repealed by Ord. 531. (Ord. 238 Ch. VI § 3(H), 2000).
Subchapter 4.
Streets and Access
20.60.140 Adequate streets.
The purpose of this chapter is to implement the multimodal concurrency and level of service provisions of the Transportation Element of the City’s Comprehensive Plan in accordance with RCW 36.70A.070(6)(b) so that transportation facilities are adequate and that they are available or provided concurrent with development.
A. Level of Service. The level of service standards serve as the basis for measuring adequate transportation conditions and guiding the identification of projects in the Transportation Element, which underlies the City’s concurrency measurement.
1. Streets. The following level of service standards apply throughout the City unless an alternative level of service for a particular street(s) has been adopted in the Transportation Element:
a. LOS E at intersecting arterials within King County [candidate] countywide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way);
b. LOS D at all other intersections intersecting arterials; and
c. A volume to capacity (V/C) ratio of 1.1 or lower within King County [candidate] countywide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way); and
d. A volume to capacity (V/C) ratio of 0.90 or lower for all other principal and minor arterials.
2. Sidewalks and Trails. Establish a connected and complete pedestrian network by constructing the sidewalks and trails outlined in the City’s current Sidewalk Prioritization Plan.
3. Bicycles. Provide bicycle connections to major destinations, transit stops and stations, and residential, commercial/retail centers, and employment centers following the Bicycle Plan in the Transportation Element.
4. The design and implementation of sidewalks and bicycle facilities shall be consistent with standards set forth in the Engineering Development Manual, adopted pursuant to SMC 12.10.015, and applicable federal accessibility requirements.
B. Development Proposal Requirements. All new proposals for development that would generate 20 or more new trips during the p.m. peak hour must submit a transportation impact analysis prepared by the applicant in accordance with the standards established in the City’s Engineering Development Manual at the time of application. The estimate of the number of trips for a development shall be consistent with the most recent edition of the Trip Generation Manual, published by the Institute of Traffic Engineers.
1. The traffic impact analysis shall include, at a minimum, an analysis of the following:
a. An analysis of origin/destination trip distribution proposed;
b. The identification of any intersection that would receive the addition of 20 or more trips during the p.m. peak hour; and
c. An analysis demonstrating how impacted intersections could accommodate the additional trips and maintain the LOS standard.
2. If the traffic impact analysis identifies one or more intersections at which the adopted LOS standards are exceeded, the applicant shall mitigate the impacts in order to achieve and maintain the adopted LOS standard.
C. Concurrency Requirement. The City shall not issue a building permit until:
1. A concurrency test has been conducted and passed; or
2. The building permit has been determined to be one of the following that are exempt from the concurrency test:
a. Alteration or replacement of an existing residential structure that does not create an additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use as defined in the land use categories as set forth in the impact fee analysis land use tables.
c. Miscellaneous improvements that do not generate increased need for public facilities, including, but not limited to, fences, walls, residential swimming pools, and signs.
d. Demolition or moving of a structure.
e. Any building permit for development that creates no additional impacts, insignificant and/or temporary additional impacts on any transportation facility, including, but not limited to:
i. Home occupations that do not generate any additional demand for transportation facilities;
ii. Special events permits;
iii. Temporary structures not exceeding a total of 30 days.
f. Any building permit issued to development that is vested to receive a building permit pursuant to RCW 19.27.095.
D. Calculation of Available Capacity.
Available capacity for transportation facilities shall be calculated as follows:
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Step 1 |
Calculate the baseline person trip supply based on projects constructed or with dedicated funding based on the City’s concurrency tool. |
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Step 2 |
Add future development to the current land use and calculate the person trips demanded by proposed development. |
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Step 3 |
Calculate the available capacity by subtracting the person trip demand calculated in Step 2 from the person trip supply calculated in Step 1. |
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Step 4 |
Record the available capacity as the beginning balance in the City’s concurrency trip capacity balance sheet calculated in Step 3. |
E. Available Capacity for Concurrency.
1. The City shall determine the available capacity for concurrency as of the effective date of the ordinance codified in this section and record it in the concurrency trip capacity balance sheet.
2. The City shall update the available capacity in the concurrency trip capacity balance sheet – transportation within 12 months of any of the events listed below:
a. Update or amendment of the City’s transportation element as it relates to concurrency management.
b. Projects are added or subtracted from the six-year Transportation Improvement Program adopted pursuant to RCW 35.77.010.
3. If none of the events listed in subsection (E)(2) of this section occurs within seven years of the most recent calculation of the available capacity, the City will update the available capacity recorded in the concurrency trip capacity balance sheet.
4. Each update of available capacity in the concurrency trip capacity balance sheet shall carry forward the reservations of capacity for any building permits for development that has not been completed prior to the update of available capacity.
5. In order to monitor the cumulative effect of exemptions from the concurrency test on the available capacity, the City shall adjust the available capacity in the concurrency trip capacity balance sheet to record the number of p.m. peak hour person trips generated by exempt building permits in the same manner as though a concurrency test had been performed for the exempt building permits.
F. Concurrency Test.
1. Each applicant for a building permit that is not exempt from the concurrency test as provided in subsection (C)(2) of this section shall submit the type of development to be constructed pursuant to the building permit, the number of square feet of each type of development, and the number of dwelling units.
2. The concurrency test is passed if the number of trips from an applicant’s proposed development is equal to or less than available capacity in the concurrency trip capacity balance sheet that has been adjusted to subtract reserved trips. If the concurrency test is passed the City shall record the concurrency test results in the concurrency trip capacity balance sheet in order to reduce the available capacity by the number of trips that will be generated by the applicant’s development. The reservation of capacity shall be valid for the same time as the building permit for which it was reserved.
3. The concurrency test is not passed if the number of trips from an applicant’s proposed development is greater than available capacity after it has been adjusted to subtract reserved trips. If the concurrency test is not passed, the applicant may select one of the following options:
a. Amend the application to reduce the number of trips generated by the proposed development; or
b. Provide system improvements or strategies that increase the City-wide available capacity by enough trips so that the application will pass the concurrency test; or
c. Appeal the denial of the application for a concurrency test, pursuant to the provisions of subsection I of this section.
4. A concurrency test, and any results, shall be administrative actions of the City that are categorically exempt from the State Environmental Policy Act.
G. Reservation of Availability Capacity Results of Concurrency Test.
1. Upon passage of a concurrency test, the City shall reserve capacity on behalf of the applicant in the concurrency trip capacity balance sheet.
2. A reservation of available capacity shall be valid for the same period as the approved building permit for which it was made, and may be extended according to the same terms and conditions as the underlying building permit.
3. A reservation of available capacity is valid only for the uses and intensities authorized for the building permit for which it is issued. Any change in use or intensity is subject to an additional concurrency test of the incremental increase in impact on transportation facilities.
4. A reservation of available capacity is nontransferable to another parcel of land or development proposal. A reservation of available capacity may be transferred to a subsequent purchaser of the land for the same uses and intensities.
5. A reservation of available capacity shall expire if the underlying building permit expires, the application or permit is withdrawn by the applicant, the permit is revoked by the City, application approval is denied by the City, or the determination of completeness expires.
H. Fees.
1. The City shall charge each applicant for a building permit that is not exempt from this section a concurrency test fee in an amount to be established by resolution by the City Council.
2. The City shall charge a processing fee to any individual that requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection (H)(1) of this section.
3. The fees authorized in subsection (H)(1) or (H)(2) of this section shall not be refundable, shall not be waived, and shall not be credited against any other fee.
I. Appeals. Determinations and decisions by the Director that are appealed by an applicant shall follow the procedures of Chapter 20.30 SMC for an Administrative Decision – Type B.
J. Authority. The Director of Public Works, or his/her designee, shall be responsible for implementing and enforcing the concurrency requirements of this chapter. The Director of the Department of Public Works is authorized to adopt guidelines for the administration of concurrency, which may include the adoption of procedural rules to clarify or implement the provisions of this section. (Ord. 997 § 1 (Exh. A), 2023; Ord. 731 § 1 (Exh. A), 2015; Ord. 689 § 1 (Exh. A), 2014; Ord. 615 § 3, 2011; Ord. 581 § 1 (Exh. 1), 2010; Ord. 559 § 1, 2009; Ord. 238 Ch. VI § 4(A), 2000).
20.60.150 Adequate access.
All lots shall have access to a public right-of-way by direct access to a right-of-way; an easement recorded with the county that meets the standards of this section; or an access tract that meets the standards of this section.
A. Vehicular Access. All new development shall be served by adequate vehicular access as follows:
1. The circulation system of development shall intersect with existing and anticipated streets abutting the site at safe and convenient locations;
2. The circulation system of development shall provide direct connections to adjacent developments where appropriate; and
3. Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established shall establish safe access as follows:
a. Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services (e.g., fire protection, emergency medical service, mail delivery or trash collection); and
b. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City to all required off-street parking spaces on the premises.
B. Pedestrian Access. All new development shall establish safe pedestrian access as follows:
1. Pedestrian facilities connecting the street right-of-way to building entrances for transit patrons and other pedestrians;
2. Pedestrian facilities connecting commercial developments, where appropriate; and
3. Pedestrian facilities to provide safe access from parking areas to other areas of the development. (Ord. 238 Ch. VI § 4(B), 2000).