Chapter 22.20
CONCURRENCY
Sections:
22.20.010 Concurrency determination.
22.20.030 Pre-application determinations.
22.20.040 Application procedures.
22.20.050 Relation to other requirements.
22.20.070 Conflicts between provisions.
22.20.080 Transportation concurrency – Additional considerations.
22.20.090 Water and sewer concurrency – Additional considerations.
22.20.010 Concurrency determination.
A. The following facilities and services must be evaluated for concurrency:
1. Transportation;
2. Public water;
3. Public sewer.
B. The City may also consider concurrency issues for the following facilities and services:
1. Parks and recreation;
2. Libraries;
3. Solid waste disposal;
4. Fire protection;
5. Police protection;
6. Schools.
C. The review authority shall be the city manager or designee. (Ord. 17-004 § 3, 2017; Ord. 07-015 § 4, 2007).
22.20.020 Concurrency review.
A. All project permits/project applications except for those exempt as set forth in subsection C of this section shall be subject to concurrency review at the time an application is submitted. Concurrency shall be determined by evaluating the anticipated impact of the application against the level of service (LOS) set forth in the Comprehensive Plan. A certificate of concurrency issued by the reviewing authority shall be required prior to approval of any nonexempt application.
B. A finding of concurrency requires that adequate facilities are available when the service demands of development occur, or in the case of transportation “concurrent with development” shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. The cumulative impact of development should be considered when making this determination.
C. The following shall be exempt from concurrency review:
1. Project permits that were issued, or project applications that were determined to be complete (see Chapter 36.70B RCW) prior to the effective date of these concurrency regulations.
2. The first renewal of a previously issued, unexpired project permit; provided, that substantial progress has been made as determined by the appropriate review authority.
3. Any project permit that will have transportation impacts of less than 10 peak hour vehicular trips, and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as determined by the senior traffic engineer.
4. The following project permit actions:
a. Boundary line adjustments;
b. Final subdivisions/final PRDs/final short plats/final binding site plans;
c. Temporary use permit;
d. Variances.
5. Proposed project permits/project applications that do not create additional impacts on transportation facilities. Such projects may include but are 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 over four units;
b. Interior renovations with no change in use or increase in the number of dwelling units over four units;
c. Any addition, remodel, or interior completion of a structure for use(s) with the same or less intensity as the existing use or previously approved use. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007).
22.20.030 Pre-application determinations.
Any person may inquire about the availability of capacity prior to project permit applications but responses to such inquiries are advisory only and available capacity can only be reserved by obtaining a concurrency certificate as set forth in this title. (Ord. 07-015 § 4, 2007).
22.20.040 Application procedures.
A. Applications for concurrency review shall be submitted to the City.
1. Concurrency review shall be performed for the specific property, uses, densities and intensities, and traffic distribution information provided by the applicant/property owner and shall include any project phasing proposed by the applicant.
2. The City may request additional information in order to make a determination.
3. All applications shall be circulated for comment to the appropriate departments or agencies.
4. The project permit may be conditioned to assure adequate facilities are available to meet the demand generated by the project. If the project is approved, a concurrency certificate shall be issued to the property owner, his heirs and assigns.
5. If adequate facilities cannot be made available to maintain adopted level of service (LOS), the project application shall be denied.
6. The concurrency certificate shall automatically be voided if the project permit has been withdrawn, expires, or is otherwise cancelled.
B. Concurrency Certificate.
1. Shall apply only to the specific land uses, densities, intensities and project described in the application and project permit;
2. Is not transferable to other property, but may be transferred to new owners of the same property;
3. Shall remain valid so long as the accompanying project permit has not expired or been revoked;
4. 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 project permit; and
5. Shall only be issued upon payment of any traffic fee due.
C. Any capacity that is not used because the full extent of the development is not built shall be considered available capacity for a period not to exceed six years.
D. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on the currently adopted Spokane Valley master fee schedule. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007).
22.20.050 Relation to other requirements.
Compliance with or exemption from the requirements of these regulations shall not exempt a project from compliance with all other county, state, and federal regulations. (Ord. 07-015 § 4, 2007).
22.20.060 Phased development.
When a project is proposed in phases or construction is expected to extend over some period of time, the applicant/property owner may offer a schedule of occupancy that will be used to determine the schedule of improvements that must be completed, or financially guaranteed, prior to occupancy of each phase. However, the required improvements shall be determined by analyzing the impacts estimated to be generated by the fully completed project. (Ord. 07-015 § 4, 2007).
22.20.070 Conflicts between provisions.
This chapter shall apply as an overlay and in addition to other adopted plans, ordinances and regulations affecting lands in the City. In the event of any conflict between this code and other plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any conflict between this code and any development agreement which has been executed under RCW 36.70B.170, prior to the effective date of the ordinance codified in this title, the development agreement or provisions therein shall govern and prevail during the term of the agreement. (Ord. 07-015 § 4, 2007).
22.20.080 Transportation concurrency – Additional considerations.
Transportation concurrency shall be in accordance with City of Spokane Valley street standards adopted pursuant to SVMC 22.130.040, Street standards. (Ord. 09-033 § 4, 2009; Ord. 07-015 § 4, 2007).
22.20.090 Water and sewer concurrency – Additional considerations.
A. Local water purveyors must certify to the availability of water capacity and pressure to serve new development, subject to such security as the individual purveyor may require.
B. Spokane County must certify to the availability of adequate sewer collection and treatment capacity:
1. At the time of completion/occupancy; or
2. Be located within the Spokane County six-year sewer capital improvement program, as adopted.
C. New development located within a six-year sewer capital improvement program area may install septic systems on an interim basis until such time as sewer service is available. All new development shall install dry line sewers and double plumbing if the new development will rely on an interim septic tank/drain field system rather than being connected to a live sewer. Once sewer service is available, the development shall be required to immediately connect to the county’s sewer system. (Ord. 07-015 § 4, 2007).