Chapter 14.28
CONCURRENCY
Sections:
14.28.040 Project concurrency review.
14.28.060 Concurrency determination—Transportation.
14.28.070 Concurrency determination—Non-transportation.
14.28.080 Certificate of capacity.
14.28.100 Development within municipal UGAs.
14.28.110 Annual concurrency assessment.
14.28.010 Purpose.
(1) Skagit County is required by RCW 36.70A.070(6)(e) and the planning goals of RCW 36.70A.020 to ensure that transportation improvements or transportation systems management strategies to accommodate the impacts of development are in place when a project is first occupied, or that a financial commitment is in place to complete the improvements or transportation systems management strategies within six years.
(2) Concurrency for certain urban and rural public facilities and services is ensured by the implementation of the Capital Facilities Plan, the County’s monitoring and annual review of that plan, and the County’s response in the absence of concurrency. Certain public facilities and services also need to be analyzed before the County can issue a project permit for a specific development. This Chapter addresses both the annual concurrency review process and the system whereby individual development projects are examined for concurrency and development permits are issued only after it is demonstrated that the levels of service will not be degraded below the adopted level of service standards for these facilities and services. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000)
14.28.020 Applicability.
(1) This Chapter applies to all development except the following:
(a) Exempt Development Permits.
(ii) Final subdivision (if a concurrency test was conducted for the corresponding preliminary subdivision).
(iii) Rezone (but not including a contract rezone which establishes a specific timeline for constructing the specific use and a deadline for such construction after which the contract rezone expires).
(iv) Shoreline substantial development variance.
(v) Street vacation.
(vi) Temporary use permit.
(vii) Variance.
(b) Exempt Types or Levels of Development.
(i) Single-family dwelling unit.
(ii) Duplex.
(iii) Accessory dwelling unit.
(iv) Any addition to, renovation or replacement of a residential structure with no change in use and no more than one additional dwelling unit added, such as reroofing.
(v) Any accessory structure with no change in use and no more than one additional dwelling unit added.
(vi) Interior completion of a structure for a use with the same or less intensity as the existing use or a previously approved use.
(vii) Temporary construction trailer.
(viii) Driveway, resurfacing, or parking lot paving.
(ix) Demolition.
(x) Any other permit or approval that the Administrative Official determines has no impact on a concurrency facility or service.
(2) Exemption from Obtaining Concurrency Determination for Transportation. Any development generating a total of four or less peak-hour trips from the total project shall be exempt from obtaining a concurrency determination for transportation, but shall not be exempt from obtaining a concurrency determination for non-transportation facilities and services and shall also not be exempt from providing appropriate transportation improvements or mitigation for traffic impacts in the immediate vicinity of the project as may be required by SCC Chapter 14.16, 14.18, or 14.36. (Ord. O20160004 § 6 (Att. 6); Ord. O20090010 Attch. 1 (part); Ord. O20080005 (part): Ord. O2005007 § 13; Ord. 17938 Attch. F (part), 2000)
14.28.030 Concurrency facilities and services.
Repealed by Ord. O20160004. (Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000)
14.28.040 Project concurrency review.
(1) Timing. All applicants for development permits, except those exempt, must apply for project concurrency review at the time the applicant submits the applications for development project permits. Inquiries about availability of capacity on concurrency facilities and services may be made prior to development permit applications, but responses to such inquires are advisory only and available capacity can only be reserved through a certificate of capacity as set forth in this Chapter.
(2) Concurrency Facilities and Services. The following concurrency facilities and services, if used by the proposed development, must be evaluated during project concurrency review:
|
Location |
County roads |
Public water |
Police |
Fire |
Sewer |
|
|---|---|---|---|---|---|---|
|
Bayview Ridge UGA |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Big Lake Rural Village and Swinomish UGA |
Yes |
Yes |
Yes |
Yes |
No |
No |
|
Other rural areas |
Yes |
Yes |
Yes |
Yes |
No |
No |
|
Municipal UGAs where an urban reserve development permit is not required |
Yes |
Yes |
Yes |
Yes |
No |
No |
|
Municipal UGAs where an urban reserve development permit is required |
||||||
(3) Procedures.
(a) Applications for project concurrency review must be submitted on forms provided by Planning and Development Services.
(b) Project concurrency review must be performed for the specific property, uses, densities, and intensities based on the information provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed or to be vested for the property. If the project concurrency review is being requested in conjunction with a contract rezone, the applicant must specify the densities and intensities consistent with the proposed contract zoning for the property.
(c) Upon receipt of a complete application for a development permit, there shall be a tentative reservation of traffic impacts on County roads and a tentative reservation of capacity for non-transportation concurrency facilities and services that will serve that development in order to account for the potential future traffic impacts and future use of capacity by that development. That tentative reservation shall convert to a final reservation of traffic impacts/capacity upon issuance of a certificate of capacity or shall become void in the event that project permits for the development are not issued.
(d) Planning and Development Services shall notify the concurrency facility and services providers of all applications received requiring project concurrency review and request a concurrency determination.
(e) The concurrency facility and service providers shall notify the applicant and Planning and Development Services of the results of the concurrency determination within 30 days. If additional information is needed to determine concurrency, such additional information may be requested by the concurrency facility and service provider, but such request shall not make the original application to be deemed incomplete.
(f) The decision maker for the project permit(s) shall make a final concurrency decision as part of the development permit decision(s) based on the concurrency determination and all relevant evidence presented in the public record on the project permit. The development permit may be conditioned as necessary to ensure that an improvement relied upon to demonstrate concurrency will be completed or a transportation systems management strategy will be implemented in the required time frame. The final concurrency decision shall be a part of the permit decision which is appealable pursuant to SCC Chapter 14.06.
(g) If the decision maker concludes that there is no concurrency and the project permit cannot be conditioned to accomplish concurrency, the project permits shall be denied.
(h) If the decision maker concludes that there is concurrency and issues project permits, Planning and Development Services shall issue a certificate of capacity to the applicant with a copy sent to each concurrency facility and service provider. The certificate of capacity shall be used to maintain an accounting of traffic impacts on County roads and capacity for non-transportation concurrency facilities and services that have been reserved.
(i) If the development permit for a project is withdrawn, expires or is otherwise cancelled, the certificate of capacity for that development shall automatically be voided. Planning and Development Services shall send notice of all voided certificates of capacity to each concurrency facility and service provider.
(4) Administrative Rules. The Administrative Official may, by administrative order, establish administrative rules to manage project concurrency review.
(5) Relation to Other Requirements. Compliance with or exemption from the requirements of this Chapter does not exempt a development project from compliance with any other requirement of the Unified Development Code including, but not limited to, compliance with SCC Chapters 14.30 (Public Facilities Impact Fees), 14.32 (Stormwater Management), 14.36 (Public Works Standards), and 16.12 (State Environmental Policy Act). (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000)
14.28.050 Phased development.
(1) When a development is proposed in phases or construction is expected to extend over some period of time, the applicant may offer a schedule of occupancy that limits the occupancy during any given period of time. When there is such an offer, the schedule of occupancy may be used in identifying the improvements or transportation systems management strategies that will be required to be implemented with each phase or time period of the development to comply with project concurrency review.
(2) All permits based upon a schedule of occupancy must be conditioned so that the improvements or transportation systems management strategies identified as being necessary to comply with project concurrency review are completed prior to each identified development phase (e.g., final plat approval, phased building permit). When an applicant is relying on funded projects to demonstrate transportation concurrency, the funded projects necessary for concurrency with the level of service standards must be identified at the time of the final concurrency decision. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000)
14.28.060 Concurrency determination—Transportation.
(1) A project must demonstrate concurrency with the County road segment and road intersection level of service standards as follows:
(a) The project’s impact on County roads must be compared to the capacity of the County roads, taking into account available and planned capacity and any mitigation measures proposed by the applicant.
(b) Two separate methodologies are used:
(i) For evaluating road system concurrency, the Birdsall method, which uses “planned capacity” rather than “physical capacity” in determining roadway improvement needs. Roadways have an unmet need where the ratio of peak hour traffic (V) to planned capacity (PC) is greater than one (V/PC > 1.0).
(ii) For evaluating individual road concurrency, the Highway Capacity Manual, a document which presents a collection of techniques for determining lane capacity and the best methodologies available at the time of publication for determining congestion based on quality of service or level of service for streets, roads, and highways. The Highway Capacity Manual type methods selected by the County Engineer shall be used to assess individual road segments and intersections capacity.
(2) The annual concurrency report for County roads (see SCC 14.28.110) will provide the basic starting information for this assessment.
(3) Traffic information used for the annual report shall be updated as necessary to account for traffic levels from the following development projects if these projects were not considered in the last annual report:
(a) Traffic from newly constructed development projects;
(b) Projects for which traffic impacts have been tentatively reserved; and
(c) Projects for which a final concurrency decision has been made.
(4) The traffic information used for the annual report shall also be updated and reserved traffic impacts removed as necessary as a result of any discontinued certificates of concurrency and any funded projects after the last annual report.
(5) Each affected County road segment and affected County intersection shall be reviewed and if necessary analyzed. The applicant may be required to provide a traffic analysis if existing information does not provide adequate information for this assessment.
(6) There is concurrency with the individual road segment and intersection level of service standards if, taking into account funded projects:
(a) The level of service on each affected County road segment and each affected County intersection will meet or exceed the standards adopted in the Comprehensive Plan and, if applicable, the Bayview Ridge Subarea Plan; or
(b) The applicant agrees to modify the project or provide transportation improvements or transportation systems management strategies and/or other binding financial commitments that will result in the level of service on each affected County road segment and each affected County intersection meeting or exceeding the standards adopted in the Comprehensive Plan and, if applicable, the Bayview Ridge Subarea Plan. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20030033 (part); Ord. 17938 Attch. F (part), 2000)
14.28.070 Concurrency determination—Non-transportation.
(1) Development projects required to obtain a concurrency determination for non-transportation concurrency facilities and services shall demonstrate that there is concurrency with each non-transportation concurrency facilities and services as described in the LOS table in the Comprehensive Plan Capital Facilities Element and as follows:
(a) Water. If the project is within the service area for a public water system as identified in the Coordinated Water Services Plan (CWSP), the applicant must provide a letter of water availability from the applicable water system purveyor and the project must be conditioned as appropriate to provide water system improvements necessary to meet the applicable urban or rural LOS standards. If the project is within the Bayview Ridge UGA, the property owner must connect to the PUD No. 1 water system.
(b) Sewer. If the project is within an area approved for public sanitary sewer and the applicable sewer purveyor’s Comprehensive Plan, the applicant must provide a letter of sewer availability from the applicable purveyor demonstrating the project complies with all requirements of that purveyor for obtaining sewer service, including any conditions as appropriate for improvements necessary to meet the applicable standards adopted by that purveyor. If the project is within the Bayview Ridge UGA, the owner must submit confirmation of sewer availability from the city of Burlington prior to development approval and must connect to the existing sewer line or extend the line to serve the project.
(c) Stormwater. The property owner must construct surface and stormwater management improvements consistent with SCC Chapter 14.32, Stormwater Management. Surface and stormwater management improvements must be constructed consistent with the adopted Bay View Watershed Stormwater Management Plan Phase 1.
(2) Non-transportation concurrency facility and service providers shall be responsible for maintaining and monitoring the available capacity for their facility for the purpose of responding to requests for project concurrency determinations and for responding to requests by the County during the annual concurrency determination. The providers shall take into account existing use of their facility, additional use from anticipated growth, new projects for which capacity has been tentatively reserved and new projects for which a final concurrency decision has been made, and additional capacity available as a result of any discontinued certificate of capacity and capacity improvements that are funded and under construction.
(3) To demonstrate concurrency with each of the non-transportation concurrency facilities and services, the applicant may:
(a) Demonstrate that the development will have a lower need for capacity than usual; or
(b) Modify the application to reduce the need for capacity; or
(c) Offer binding mitigation measures that will provide additional capacity necessary to maintain the level of service standard upon project occupancy, i.e., the time when a development project is ready to be occupied and will use concurrency facilities and services. It shall be assumed that the entire proposed development will be occupied upon issuance of the initial occupancy permit for the project. (Ord. O20160004 § 6 (Att. 6); Ord. O20080009 (part); Ord. O20080005 (part): Ord. 20040008 Attch. 3 § 4; Ord. 17938 Attch. F (part), 2000)
14.28.080 Certificate of capacity.
(1) A certificate of capacity:
(a) May only be issued upon payment of any fee due to the service provided and performance of any precondition established in the permit decision as a prerequisite for obtaining such certificate.
(b) Applies only to the specific land uses, densities, intensities and development projects described in the application and development permit.
(c) Is not transferable to other property, but may be transferred to new owners of the same property.
(d) Is valid so long as the accompanying development permit has not expired or been revoked.
(e) Is valid for any modification of the permits for which the certificate was issued so long as such modification does not require the applicant to obtain a new development permit.
(2) Any capacity that is not used because the full extent of the development is not built must be returned to the pool of available capacity.
(3) Tracking Exempt Development. Concurrency facility and service providers must establish a tracking system to account for exempt development in the same manner as certificates of capacity are used to maintain an accounting of traffic impacts on County roads and capacity for non-transportation concurrency facilities and services that have been reserved. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000)
14.28.090 Facility capacity fees.
Repealed by Ord. O20160004. (Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000)
14.28.100 Development within municipal UGAs.
(1) It is the responsibility of a city or town to perform project concurrency review for development within the unincorporated portion of a city’s or town’s urban growth area. The County, in its annual concurrency review, must assess concurrency within the unincorporated portions of all urban growth areas.
(2) Consistent with SCC 14.02.040, Applicability, the County must review and condition development permit applications to ensure that project impacts occurring outside of municipal UGAs are mitigated consistent with County road standards and transportation concurrency requirements of SCC 14.28.060. Skagit County must make a final concurrency determination as part of the permit decision pursuant to SCC 14.28.040(2)(f) through (i) and issue a certificate of capacity pursuant to SCC 14.28.080 if the requirements of this Chapter are met. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. R20020180: Ord. 17938 Attch. F (part), 2000)
14.28.110 Annual concurrency assessment.
(1) Annual Concurrency Assessment for Roads. The County Engineer must produce a concurrency report for County roads by July 1 of each year to update the status of County roads with respect to concurrency.
(a) The County Engineer must evaluate the high traffic County road segments (any County road segment on which there are at least 8,000 average daily trips) and high traffic County road intersections (any County road intersection into which the total approach volume is at least 7,000 average daily trips and the approach volume from all of the minor legs totals at least 1,000 average daily trips) using a Highway Capacity Manual type method (as selected by the County Engineer) to determine whether these road segments and intersections comply with the level of service standards adopted in the Comprehensive Plan.
(b) This evaluation must be based on existing traffic levels plus traffic impacts from development plus traffic impacts from development projects anticipated for completion within the next year based upon a growth projection, upon consideration of projects for which traffic impacts have been tentatively reserved and upon projects for which a final concurrency decision has been made.
(c) In addition, a projection of those County road segments service standards adopted in the Comprehensive Plan over the next five years shall be made to help in the planning for road system improvement projects.
(d) Any County road segment or County road intersection, which has fallen below the level of service standards adopted in the Comprehensive Plan, shall be considered concurrent if an improvement project will cause that road segment or intersection to meet or exceed the adopted level of service standards and has been designated on the Six-Year TIP as a funded project. The results of the annual update for individual road concurrency shall be included in the annual report.
(2) Annual Concurrency Assessment for Non-Transportation Concurrency Facilities and Services.
(a) By July 1 of each year, the following concurrency facility and service providers must report to the County the total available capacity of their facility or service in units that are directly comparable to the level of service standards established for these facilities and services.
|
Facility/Service |
||
|---|---|---|
|
|
Unincorporated Urban Growth Area |
Rural |
|
Water |
Water purveyors identified in Coordinated Water System Plan |
|
|
Sanitary Sewer |
Municipal sewer service providers Skagit County Sewer District—1 for portions of Swinomish UGA City of Burlington—Bayview Ridge UGA |
Big Lake Sewer District for Big Lake Rural Village only Whatcom County Water District No. 12 pursuant to existing sewer service contracts only |
|
County Public Works |
||
|
Police |
County Sheriff |
|
|
Fire |
Fire Districts |
|
|
Fairgrounds |
County Parks Department |
|
|
General Government |
County Administrator |
|
|
Parks |
County Parks Department |
|
|
Public Safety (Jails) |
County Sheriff |
|
|
Senior Centers |
County Senior Services |
|
|
County Public Works |
||
(b) The annual information submitted by each provider shall take into account current capacity usage, capacity tentatively reserved for pending permit applications, capacity reserved for permitted projects that are not yet fully occupied based upon final concurrency decisions, capacity available as a result of expired, withdrawn or revoked final concurrency decisions and capacity that has been added by the implementation of improvements and strategies.
(c) By October 1 of each year, the Administrative Official must evaluate capacity of the facilities and services set forth above to determine if the level of service standards for each of these facilities and services is being met. The level of service standards to be used in this annual review are set in the Comprehensive Plan Capital Facilities Element.
(3) Results of Concurrency Assessment.
(a) The Administrative Official must present the annual concurrency assessment to the Board of County Commissioners at or before the start of the annual budget process along with recommendations on action to take in response to the assessment.
(b) The results of the annual concurrency assessment must be used to update the Capital Facilities Plan and establish the County’s annual budget.
(c) In the event that the annual concurrency assessment determines that concurrency is not being met for any concurrency facilities and services, the County must evaluate the need for modifications to adopted levels of service standards, reassess the land use element of the Comprehensive Plan, or impose additional requirements or limitations on development until concurrency is obtained. (Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20060007 § 12 (part): Ord. O20030033 (part))