Chapter 14.10
CONCURRENCY MANAGEMENT
Sections:
14.10.040 Applications for development approval.
14.10.050 Certificate of concurrency.
14.10.060 Level of service standards.
14.10.110 Conflict with other ordinances and codes.
14.10.005 Title.
This chapter shall be hereinafter known as the “town of Twisp concurrency management ordinance,” may be cited as such, and will be hereinafter referred to as “this chapter.” (Ord. 593 § 1, 2008)
14.10.010 Purpose.
This chapter provides the necessary regulatory mechanism for determining that a property owner meets concurrency requirements for development purposes and which ensures that adequate public facilities and acceptable levels of service are available to support the development’s impact. (Ord. 593 § 1, 2008)
14.10.020 Definitions.
As used in this chapter, the following definitions shall apply:
(1) “Building permit” means an official document or certificate issued by the town’s building official authorizing performance of construction or alteration of a building or structure.
(2) “Certificate of concurrency” means the certificate issued by the town upon finding that an application for a development approval will not result in the reduction of the level of service standards as set forth in this chapter.
(3) “Concurrency” means when the town determines that:
(a) Adequate public facilities meeting the level of service standards are in place at the time a development permit is issued; or
(b) A development permit is issued subject to the determination that the necessary facilities will be in place when the impacts of a development occur; or
(c) That the improvements or strategy are in place at the time of development; or
(d) That a financial commitment is in place to complete the improvements or strategies within six years of the time of development; or
(e) A combination of determinations set forth in subsections (3)(a) through (d) of this section. For example, the town may determine that adequate water and sewer services exist at the time a development permit is issued, and may agree to delay transportation or road improvements until the time of development.
(4) “Concurrency determination” means a determination of what public facilities or services are available at the date of inquiry.
(5) “Concurrency management system” means the procedures and processes utilized by the town to determine that development approvals, when issued, will not result in a reduction of the level of service standards.
(6) “Development” means that particular development activity authorized by the unexpired development approval issued for a specific project.
(7) “Development approvals” means the application for approval of any of the following:
(a) Short or long subdivision;
(b) Planned development permit;
(c) Building permit;
(d) Outside town limits utility extension agreements;
(e) Any development which will generate any new transportation or road impacts, require additional sewer capacity, or increase water consumption.
(8) “Development actions” means an action of the town that requires a concurrency determination such as a land use amendment to the comprehensive plan or an area-wide rezoning.
(9) “Level of service standard” means such level of service standards as set forth in this chapter.
(10) “Property” means the real property that is the subject of a development approval.
(11) Public Facilities and Services. The following public facilities and services shall be included in the definition of “public facilities and services” as used in this chapter:
(a) Water;
(b) Sewer;
(c) Transportation and roadways.
(12) “Town” means the town of Twisp, Washington. (Ord. 593 § 1, 2008)
14.10.030 Exempt development.
No development activity shall be exempt from the requirements of this chapter unless a permit is listed below or as provided herein. The following types of permits are not subject to the requirements of this chapter because they do not create additional long-term impacts on transportation or road facilities, or sewer capacity in the town’s wastewater treatment plant, or water capacity in the town’s water system:
(1) Administrative interpretation;
(2) Sign permit;
(3) Street vacation;
(4) Demolition permit;
(5) Street use permit;
(6) Interior alterations with no change of use;
(7) Excavation/clearing permit;
(8) Single-family remodeling with no change of use;
(9) Plumbing permit;
(10) Electrical permit;
(11) Mechanical permit;
(12) Excavation permit;
(13) Boundary line adjustments.
Notwithstanding the above, if application for any of the above-listed permits will generate any new transportation or road impacts, require additional sewer capacity, or increase water consumption, such application shall not be exempt under the requirements of this chapter.
Provided, further, that any approved water connections or permits issued by the town for water usage or hookups, which have been approved and all requisite fees paid to the town, and any short or long subdivisions or planned developments approved and recorded after April 13, 1995, shall be exempt from the requirements of this chapter. (Ord. 596 § 1(A), 2008; Ord. 593 § 1, 2008)
14.10.040 Applications for development approval.
(1) Development Approvals.
(a) Each applicant who submits an application for a development approval, except those exempted from concurrency, shall apply at the same time for a concurrency determination required to issue a certificate of concurrency. Any application for a development approval shall indicate that the town has received an application for a concurrency determination for the proposed project.
(b) An applicant requesting a development approval by the town shall submit the following information to the town on a form provided by the town, for a concurrency determination to be made on the proposed project:
(i) Date of submittal;
(ii) Developer’s name, address and telephone number;
(iii) Legal description of property as required by the underlying application for development approval together with an exhibit showing a map of the location of the property;
(iv) Proposed use(s) by land use category, square feet and number of units;
(v) Phasing information by proposed uses, square feet and number of units, if applicable;
(vi) Existing use of property;
(vii) Acreage of property;
(viii) A preliminary site plan, which is a plan showing the approximate layout of proposed structures and other development, type and number of dwelling units, type and number of nonresidential building areas with gross square footage, and an analysis of the points of access to existing and proposed roadways;
(ix) Written consent of the property owner, if different from the developer;
(x) Proposed request of capacity by legal description, if applicable;
(xi) The purpose for which the water is required;
(xii) The purpose for which the sewer is required.
(c) Within 14 days after receiving an application for a concurrency determination, the town shall mail or personally deliver to the applicant a determination that states either:
(i) That the application for a concurrency determination is complete; or
(ii) That the application for a concurrency determination is incomplete and what is necessary to make the application complete. The determination of completeness shall be made when the application is sufficiently complete for review. The town’s determination of completeness shall not preclude their ability to request additional information or studies. An application for a concurrency determination shall not be accepted or processed until it is complete and the application for the underlying development approval has been determined complete. When an application for a concurrency determination is determined complete, the town shall accept it and note the date of acceptance.
(d) No development approval will be granted unless a concurrency determination has been made, and the applicant has been issued a certificate of concurrency.
(2) Development Actions. A concurrency determination shall be required as part of any application for a comprehensive plan amendment or area-wide zoning map amendment (rezone) which, if approved, would increase the intensity or density of permitted development. As part of that concurrency determination, the town shall determine whether capacity is available to serve both the extent and density of development that would result from the zoning/comprehensive plan amendment. The concurrency determination shall be submitted as part of the staff report and shall be considered by the town in determining the appropriateness of the comprehensive plan or zoning amendment. (Ord. 593 § 1, 2008)
14.10.050 Certificate of concurrency.
(1) If concurrency is determined by the town, a certificate of concurrency shall be issued for the development approval, and remain in effect for the same period of time as the development approval with which it is issued. The certificate of concurrency shall be issued prior to a development approval, but in no event later than 30 days for a short subdivision, or 60 days for all other development approvals, from the time that the application for a concurrency determination is received and determined to be complete by the town.
(2) A certificate of concurrency may be accorded the same terms and conditions as the underlying development approval. If a development approval shall be extended, the certificate of concurrency shall also be extended; provided, a certificate of concurrency shall not include or be effective for any phasing approved as a part of a final development plan, and any certificate of concurrency shall pertain solely to the term of a final development plan and extensions, if granted.
(3) A certificate of concurrency runs with the land and is transferable to new owners of the original parcel for which it was issued.
(4) A certificate of concurrency shall expire if the underlying development approval expires or is revoked by the town.
(5) If the town determines there is a lack of concurrency, the town shall issue a denial letter that will advise the applicant that the capacity is not available. Such denial letter shall be delivered to the applicant or mailed to the address on the application for a concurrency determination within 30 days for a short subdivision, or 60 days for all other development approvals, from the time that the application for a concurrency determination is received and determined to be complete by the town, and shall identify the application and identify the levels of deficiency, as well as any options that may be available to the applicant. The denial letter shall contain a statement that the denial letter may be appealed within 10 days after issuance of the denial letter by setting forth a written statement of the basis for such appeal, and must conform to the requirements of subsection (6) of this section. If an appeal is filed, processing of the underlying application for development approval shall be stayed until the final decision on the appeal.
(6) Upon receipt of an appeal of a denial letter as set forth in subsection (5) of this section, the town shall process such appeal as follows:
(a) A meeting shall be scheduled with the applicant to review the denial letter and the application materials, together with the appeal statement and such meeting to occur within 10 days of receipt of the appeal by the town.
(b) Within 10 days after the meeting, the town shall issue a written appeal decision, which will list all of the materials considered in making the decision. The appeal decision shall either affirm or reverse the denial letter.
(c) The appeal decision shall state that it may be appealed to the town council in an open record appeal hearing in the same manner as a Type I permit under Chapter 14.05 TMC. (Ord. 596 § 1(B), 2008; Ord. 593 § 1, 2008)
14.10.060 Level of service standards.
The concept of concurrency is based on the maintenance of specified levels of service in which water, sewer and road facilities are available when the impacts of the development occur. The following are acceptable levels of service standards:
(1) Transportation and Roads. The town shall determine whether a proposed development can be accommodated within the existing or planned capacity of transportation and road facilities. This shall involve the following:
(a) A determination of anticipated total capacity at the time the proposed impacts of development occur;
(b) Calculation of how much of that capacity will be used by existing developments and other planned developments at the time the impacts of the proposed development occur;
(c) Calculation of the available capacity for the proposed development;
(d) Calculation of the impact on the capacity of the proposed development, minus the effects of any mitigation identified by the applicant to be provided by the applicant at the applicant’s cost; and
(e) Comparison of available capacity with proposed development impacts.
The town shall determine if the capacity of the town’s transportation and road facilities, less the capacity which is reserved, can be provided. The town’s determination will be based on the application materials provided by the applicant, which includes the applicant’s proposed mitigation for the impact on the town’s transportation and road facilities.
(2) Water. The town has an authorized withdrawal volume of water issued by the State of Washington, Department of Ecology. “Level of service” as it relates to water is defined as the ability to provide potable water to the town residents for use and fire protection at the time of a concurrency determination. The ability to provide this water supply, as limited by the authorization from the Department of Ecology, is required.
(3) Sewer. The town is required to obtain a permit from the Department of Ecology in order to discharge effluent into the waters of the state. This permit is limited by levels and volume. “Level of service” as it relates to sewer is the ability to provide sanitary sewer services to the town residents for use, and for treatment at the town’s wastewater treatment plant, and discharge. The town’s ability to provide such service is limited by the physical capacity of the town’s wastewater treatment plant and any permits issued by the Department of Ecology. (Ord. 593 § 1, 2008)
14.10.100 Fees.
The town shall charge a processing fee for any application for a concurrency determination associated with an application for a development approval or development action. The processing fee shall be nonrefundable and non-assignable to any other fees. Such fee shall be initially set in the amount of $120.00, and may be amended in the future by resolution of the town council subsequent to the effective date of the ordinance codified by this chapter. (Ord. 593 § 1, 2008)
14.10.110 Conflict with other ordinances and codes.
In the case of conflict between this chapter, or any part thereof, and any part of any other existing or future ordinance or code, the most restrictive in each case shall apply. (Ord. 593 § 1, 2008)
14.10.120 Severability.
If any part of this chapter is held to be unconstitutional or invalid, it shall be construed to have a legislative intent to pass the ordinance codified in this chapter without such unconstitutional part, and the remainder of this chapter as to exclusion of such parts shall be deemed and held to be valid as if the part had not been included herein. (Ord. 593 § 1, 2008)