Chapter 13.70
MULTIMODAL TRANSPORTATION CONCURRENCY MANAGEMENT

Sections:

13.70.010    Authority and purpose.

13.70.020    Definitions specific to concurrency management.

13.70.030    Applicability.

13.70.040    Timing of concurrency review.

13.70.050    Concurrency evaluation.

13.70.060    Concurrency approval.

13.70.070    Final certificate of concurrency.

13.70.080    Denial of concurrency.

13.70.090    Exemptions from concurrency application.

13.70.100    Annual update.

13.70.110    Adopted level of service standards.

13.70.120    Intergovernmental coordination.

13.70.130    Relationship to SEPA.

13.70.140    Administrative appeals.

13.70.150    Fees.

13.70.010 Authority and purpose.

A. An ordinance adopting a multimodal transportation concurrency management system for pedestrian, bicycle, and transit facilities, as well as arterial streets within the Bellingham city limits, as required by the Growth Management Act (RCW 36.70A.070(6)(e)).

B. The purpose of this chapter is to establish a multimodal transportation concurrency management program to ensure that adequate multimodal transportation capacity in the form of “person trips” is available prior to, or concurrent with, final approval of development permits.

C. Upon annexation to the city of Bellingham, newly incorporated areas will be classified and evaluated as Type 3 CSAs unless the CSA map indicates otherwise. [Ord. 2009-05-028; Ord. 2008-12-113; Ord. 2006-04-041].

13.70.020 Definitions specific to concurrency management.

“Adequate multimodal transportation facilities and services” means pedestrian, bicycle, transit, and arterial street facilities which have the capacity to serve development while meeting the city’s adopted level of service (LOS) standards.

“Arterial street” means any street that the public works department has classified and adopted as a primary, secondary, or collector arterial in the transportation element of the Bellingham comprehensive plan.

“Calculated level of service (LOS)” means the assessment of the number of person trips available in the committed multimodal transportation system compared to the multimodal transportation demands of new development, measured in person trips available.

“Committed multimodal transportation system” means the entire system of multimodal transportation facilities and services used to calculate person trips available relative to a development proposal. It includes existing and proposed pedestrian, bicycle, transit, and arterial street facilities and services, which are adopted in the transportation element of the Bellingham comprehensive plan with a financial commitment for construction in the first, second, or third years of the most current adopted six-year transportation improvement program, or for which other financial commitments have been secured. Related components of the committed multimodal transportation system include:

A. State highways and freeways within the city;

B. WTA transit routes and frequency, as identified in WTA strategic plans;

C. Park and ride lot locations;

D. High occupancy vehicle exclusive lanes; and

E. Projects to be provided by the state, cities or other jurisdictions may become part of the committed transportation system upon decision of the director of public works. The director of public works may make adjustments to the committed transportation system for corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the adopted comprehensive plan; or the date of construction (scheduled for completion within the six-year period) of any facility enumerated in the six-year transportation improvement program.

F. Developer committed improvements for arterials, transit, pedestrian, and/or bicycle facilities.

“Concurrency” means that adequate transportation facilities are in place at the time of development approval or that a financial commitment is in place to complete the improvements or strategies needed for adequate transportation facilities within six years. Bellingham requires completion of adequate transportation facilities within three years. Concurrency, as required by the 1990 Growth Management Act (RCW 36.70A.070(6)), means that the city may only permit development approval if a development would not cause level of service to fall below the city’s adopted LOS standard of person trips available within concurrency service areas (CSA). For purposes of meeting the Growth Management Act requirements, in addition to city multimodal transportation facilities, the city will incorporate state highways of regional significance within the calculation of person trips available, but will not apply concurrency to highways of statewide significance consistent with RCW 47.06.140. The city will only include Whatcom County or other transportation arterials outside of the city’s jurisdiction in the calculation of person trips available according to an executed interlocal agreement with the controlling jurisdiction or agency.

“Concurrency application” means formal submittal of a concurrency application form to the public works department identifying the complete scope and information needed to calculate the associated person trip generation of a proposed development. The concurrency application is the applicant’s written request seeking review and approval of transportation concurrency from the city.

“Concurrency approval” means a determination by the public works department that adequate person trips are available and the operational level of service (LOS) will not fall below the adopted level of service (LOS) standard due to transportation impacts created by the proposed development.

“Concurrency evaluation” means the process, which may include a trip generation analysis by the applicant, to determine whether adequate person trips are available for a proposed development and whether a transportation impact analysis (TIA) will be required for the proposed development.

“Concurrency management system” means the procedures and processes used by the city public works department to determine that development permit approvals will meet the city’s transportation concurrency requirements.

“Concurrency measurement point” means a specific location on the multimodal transportation network used to measure vehicle traffic volume or transit service frequency (see Table 13.70.020).

“Concurrency mitigation” means transportation demand management strategies and/or multimodal transportation facility improvements constructed or financed by a developer which provide additional person trips for the facility which are needed to provide adequate person trips available to serve the development proposal. “Concurrency mitigation” applies to pedestrian, bicycle, transit, and arterial street facilities. Concurrency mitigation can be identified through the same process as off-site mitigation recommended in a traffic impact analysis (TIA).

“Concurrency service area” means a defined geographic area in which concurrency measurements points provide data used to calculate the number of person trips available to new development on the transportation network serving the area (see Figure 13.70.020).

“Development” means specified improvements or changes in use of land, designed or intended to permit a use of land which will contain more dwelling units or buildings than the existing use of the land, or to otherwise change the use of the land or buildings/improvements on the land in a manner that will increase the number of person trips generated by the existing use of the land, and that requires a development permit from the city. A phased development is any development involving multiple buildings where issuance of building permits could occur for individual buildings.

“Final certificate of concurrency” means the final certificate issued by the public works department confirming the availability and reservation of a specified amount of capacity on the committed transportation system specific to the approved permit for development. A final certificate of concurrency must be issued concurrently with development permit approval to account for any reduction in person trip reservation from temporary certificate of concurrency.

“Financial commitment” consists of the following:

A. Revenue designated in the most currently adopted six-year transportation improvement program for multimodal transportation facilities or strategies comprising the committed multimodal transportation system. Projects to be used in defining the committed multimodal transportation system for the calculation of person trips available shall represent those projects that are identified as fully funded for construction in the first, second, or third years of the adopted six-year transportation improvement program; or

B. Revenue from federal or state grants for which the city has received notice of approval; or

C. Revenue or secure bond that is assured by an applicant in a form approved by the city in a voluntary agreement to complete adequate transportation facilities within three years; and/or

D. Budgeted WTA service expansions.

“Growth Management Act (GMA)” means the Washington State Growth Management Act enacted in 1990 and approved amendments.

“Interlocal agreement” means an executed legal instrument structuring binding relationships between political entities as defined by Chapter 39.34 RCW.

“Level of service (LOS) standard” means the person trips available (PTA) within each concurrency service area (CSA) to serve new development as adopted in the transportation element of the comprehensive plan.

“Multi-use trails” include:

A. Off-street multi-use trails that are used for incidental alternative transportation purposes, in addition to the recreational purpose that they serve, that provide a safe alternative to unmarked bicycle routes on arterial streets;

B. Paved or prepared crushed rock surface trails. Trails with adequate drainage, and smooth, even surface facilitating safe travel by cyclists. Trails with stairs, large roots, rocky sections, off-camber cross-sections, or areas with persistent standing water/puddles are not included;

C. Trails that are at least six feet, but preferably eight feet or more, in width to facilitate safe bi-directional passage of cyclists and pedestrians;

D. Trails with slopes/grades of generally less than five percent average with maximum grades of less than 12 percent.

“Peak hour project trips” means the person trips estimated to be generated by a proposed development during the one-hour weekday afternoon period during which the greatest volume of users are on the multimodal transportation system. The peak hour project trips shall be estimated based on procedures identified in the city’s Development Guidelines and Improvement Standards Manual, Section 11, “Traffic Studies.” The peak hour project trips are used to determine the transportation concurrency evaluation fee, the requirement for a transportation impact analysis (TIA), and the estimated transportation impact fee for development.

“Peak hour vehicle traffic” means vehicle traffic volumes during the one-hour weekday afternoon period during which the greatest volume of vehicle traffic uses the arterial system, as identified separately at each appropriate concurrency measurement point.

“Person trips available (PTA)” means the ability of the committed transportation system to accommodate the transportation impacts of new development within a concurrency service area (CSA) and is expressed in terms of weekday p.m. peak hour person trips available. For purposes of the concurrency evaluation, the available person trips will be based on the total person trips calculated for each travel mode less the already used person trips for that mode. The sum of the available person trips for each mode will be the total available person trips for each concurrency evaluation area.

“SEPA” means the State Environmental Policy Act (Chapter 43.21 RCW) as implemented by the city of Bellingham.

“Six-year transportation improvement program” means the expenditures programmed by the city for capital purposes over the next six-year period in the six-year transportation improvement program pursuant to RCW 35.77.010. The financial plan underlying the adopted six-year transportation improvement program identifies all applicable and available revenue sources, and the plan forecasts these revenues through the six-year period with reasonable assurance that such funds will be timely put to such ends.

“Temporary certificate of concurrency” means the initial certificate issued by the public works department confirming the availability and reservation of a specified amount of capacity on the committed transportation system specific to the proposed development.

“Transit-oriented development (TOD)” means land use development that generally has the following characteristics:

A. A local node containing a mixture of uses in close proximity including office, residential, retail, public and civic uses;

B. High density, high-quality development within 10-minute walk (one-fourth- to one-half-mile radius) surrounding transit stop;

C. Reduced and managed parking inside 10-minute walk (one-fourth- to one-half-mile radius) surrounding transit stop;

D. Transit stop as prominent feature of development;

E. Walkable design with pedestrian as the highest priority;

F. Designed to include the easy use of bicycles, scooters, and other nonmotorized transportation modes; and

G. In some cases, supplemental transit systems including trolleys, streetcars, and, where feasible, regional light rail or heavy rail systems.

“Transportation demand management (TDM) strategies” means techniques or programs that reduce single-occupant vehicle commute travel or improve the capacity of a transportation facility and that are approved by the public works department. TDM strategies may include but are not limited to vanpooling, carpooling, and public transit, access management, signalization, and channelization.

“Transportation impact analysis (TIA)” is the documentation of both on-site and off-site impacts, as well as recommended mitigating measures, to maintain public safety and adopted level of service (LOS) standards on the citywide multimodal transportation system. TIAs shall be performed by an engineer licensed in the state of Washington, according to procedures identified in the city’s Development Guidelines and Improvement Standards Manual, Section 11, “Traffic Studies.”

“Transportation mitigation” includes all nonconcurrency measures required by city development regulations, transportation impact analysis (TIA) mitigation recommendations, State Environmental Policy Act (SEPA) requirements, and traffic impact fee (TIF) assessment to mitigate the nonconcurrency related transportation impacts from a proposed development.

“Travel demand forecast model” is the city’s computerized transportation model, which is used to develop and analyze peak hour travel demands on the city’s transportation facilities. This information is used as the basis for the transportation element of the Bellingham comprehensive plan and in other transportation planning and traffic engineering applications.

Figure 13.70.020

Table 13.70.020 – Bellingham Transportation Concurrency Program Property Dials

 

Transportation Concurrency Service Areas

MODE

Type 11

Type 22

Type 33

Motorized

 

Auto

 

Mode weight factor4

0.70

0.80

.090

Transit

 

 

 

Mode weight factor5

1.00

1.00

0.80

Nonmotorized

 

 

 

Pedestrian

 

Percent threshold for minimum system complete6

50%

50%

50%

Person trip credit for 1% greater than minimum threshold7

20

20

20

Mode weight factor8

1.00

0.90

0.80

Bicycle

 

 

 

Percent threshold for minimum system complete6

50%

50%

50%

Person trip credit for 1% greater than threshold7

20

0

20

Mode weight factor9

1.00

0.90

.080

Multi-Use Trails10

 

Person trip credit for each 1% of bicycle11

10

10

10

Mode weight factor12

1.00

0.90

0.80

1.    Type 1 = Urban village areas with adopted master plan; high-density mixed use zoning, or an active master plan process.

2.    Type 2 = Medium density areas adjacent to and influenced by urban villages.

3.    Type 3 = Lower density and auto-oriented areas outside of urban villages.

4.    Auto mode weight factor considers the importance of roadways to a service area, relative to the availability of other mode alternatives.

5.    Transit mode weight factor considers the availability/viability of the transit mode to a service area.

6.    This is the minimum level of the planned system completed for it to be considered a viable mode alternative.

7.    Person trips credited to service area based on the amount of the system completed minus the minimum threshold.

8.    Pedestrian mode weight factor considers the importance of pedestrian facilities to a service area, relative to land use and travel patterns.

9.    Bicycle mode weight factor considers the importance of bicycle facilities to a service area, relative to land use and travel patterns.

10.    Multi-use trails = relatively level, multi-use trails connecting activity centers, destinations, and biking facilities.

11.    Person trips credited to service area based on each comparative 1% of the total planned bike system adopted in comprehensive plan. Ten rather than 20 person trip credits are awarded for each 1% in recognition that not all bicyclists will be able to make use of off-street gravel trails.

12.    Multi-use trail mode weight factor considers the importance of bike-friendly trails to a service area, relative to land use and travel patterns.

[Ord. 2013-09-067 § 1; Ord. 2010-05-029; Ord. 2008-12-113; Ord. 2006-04-041].

13.70.030 Applicability.

A. A temporary certificate of concurrency issued by the public works department is required for a development permit application to be determined as complete for review by city staff.

B. Per Public Works Development Guidelines and Improvement Standards Manual, Section 11, “Traffic Studies,” a transportation impact analysis will be required for any development that:

1. Generates 50 or more p.m. peak hour project trips; or

2. Generates 40 or more p.m. peak hour project trips if the development:

a. Is near any intersection already experiencing higher levels of traffic congestion and is operating at LOS “E” or “F”;

b. Is near any intersection, arterial, or state highway with known safety or collision history; or

c. Requires access or change to access from a state highway. [Ord. 2013-09-067 § 2; Ord. 2006-04-041].

13.70.040 Timing of concurrency review.

A. A temporary or final certificate of concurrency must be in effect for the proposed project at the time of application for development permits. Nonexempt applications without a valid certificate of concurrency shall be considered an incomplete application.

B. A temporary certificate of concurrency shall expire one year after issuance unless a development permit application for the project has been submitted to the city and has been determined to be complete. [Ord. 2006-04-041].

13.70.050 Concurrency evaluation.

A. A concurrency application and concurrency evaluation shall be provided by the applicant for each proposed development permit application.

1. The concurrency evaluation shall be conducted for the specific property, uses, densities and intensities based on information provided in the concurrency application.

2. Changes to the proposed uses, densities, and intensities that create additional impacts on transportation facilities shall be subject to an additional concurrency evaluation.

3. The concurrency evaluation will be conducted as part of the required traffic study as set forth in the city’s development guidelines and improvement standards manual.

4. In conducting the concurrency evaluation, the calculated level of service (LOS) standard for vehicle trip generation will be compared to the adopted LOS standard for each impacted arterial street.

5. Arterial street LOS measurements will be combined with the following other variables to calculate multimodal person trips (see Table 13.70.020):

a. Degree of pedestrian network completeness;

b. Degree of bicycle network completeness; and

c. Seated capacity and frequency of public transit bus routes.

B. The public works department will review the concurrency evaluation and comments will be provided per the city’s development guidelines and improvement standards manual.

C. The public works department will maintain a listing of all pending concurrency applications, concurrency approvals, and temporary and final certificates of concurrency.

1. The projected person trips generated by each proposed development project that has received a temporary certificate of concurrency shall be accounted for as part of subsequent concurrency evaluations.

D. In order to monitor the cumulative effect of exempt development approvals (as defined in BMC 13.70.090) on the level of service (LOS) for arterials, as well as completeness of pedestrian and bicycle networks and the seated capacity and frequency of public transit routes, the concurrency evaluation will include the impacts of exempt development approvals in all relevant concurrency monitoring reports. This will be measured through annual city traffic counts on arterial streets, ridership statistics provided by Whatcom transportation authority, and city measurements of completeness for pedestrian and bicycle networks.

E. The requirements of this section shall be applied at the time of approval of an initial development phase and may be adjusted for any subsequent development phase based on the cumulative impact of all the phases. All exempt development permit applications which have been submitted by the same developer on the same or contiguous parcels of land within the one-year period immediately prior to a current concurrency application shall be included in the application and concurrency evaluation. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.060 Concurrency approval.

A. The city shall not grant concurrency approval or issue a temporary certificate of concurrency for a proposed development permit application unless there are adequate transportation facilities and person trips available on the existing or the committed transportation system to serve the new development.

B. If the concurrency evaluation shows that adequate person trips are available, then the concurrency application shall be approved. The public works director shall issue a finding of concurrency approval and a temporary certificate of concurrency.

1. A temporary certificate of concurrency must be issued prior to determination of complete application for a development permit.

a. If a project-specific transportation impact analysis is required per BMC 13.70.030(B), then a temporary certificate of concurrency shall not be issued prior to completion and written acceptance of the TIA by public works.

2. A temporary certificate of concurrency shall expire exactly one year after the date of issue by the public works department.

C. The determination of concurrency approval shall become final at the time of final development permit approval as per BMC 13.70.070.

D. The issue of concurrency approval may be raised as part of any appeal of the development permit for which the concurrency approval was granted.

E. If a temporary certificate of concurrency is issued for a proposed development, but the proposed development permit is denied, expires, or is voluntarily withdrawn, then the temporary certificate of concurrency will be rescinded and transportation capacity will not be reserved for that development. [Ord. 2013-09-067 § 3; Ord. 2008-12-113; Ord. 2006-04-041].

13.70.070 Final certificate of concurrency.

A. A final certificate of concurrency shall be issued upon final approval of the development permit for which a temporary certificate of concurrency was issued.

B. The final certificate of concurrency will only be valid for the type and intensity of development that was approved by the city, unless concurrency approval also covered subsequent project phases.

C. The final certificate of concurrency shall be adjusted to account for any reduction in traffic impact and capacity reserved by the temporary certificate of concurrency.

D. If a proposed development project is modified during the review process and results in an increased generation of person trips, then a new concurrency application, evaluation, approval, and temporary certificate of concurrency will be required prior to development approval and issuance of final certificate of concurrency.

E. The information contained on the final certificate of concurrency shall include the following:

1. The property location and Whatcom County assessor’s parcel number(s) for the development project;

2. The number and type of dwelling units, square footage of commercial or industrial floor area, specific uses, densities, and intensities for which permit(s) were approved, including the number of person trips generated and accounted for in that particular concurrency service area;

3. Mitigating measures required to ensure adequate transportation capacity for the approved development project, as approved by the public works department;

4. An effective date; and

5. An expiration date.

F. A final certificate of concurrency shall be valid for the same time period as the development permit. If the development permit approval does not have an expiration date, the final certificate of concurrency shall be valid for five years from the date issued.

G. The final certificate of concurrency may be extended by requesting a new issuance from the public works department with an updated expiration date. The final certificate of concurrency can be extended to remain in effect for the life of each subsequent development permit approval for the same parcel, as long as the applicant obtains the subsequent development permit approval prior to the expiration of the first development permit approval.

H. No development shall be required to hold more than one valid final certificate of concurrency, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity, or land use that creates additional impacts on transportation facilities.

I. A final certificate of concurrency runs with the land and is valid only for subsequent development permit approvals for the same parcel, and to new owners of the original parcel for which it was issued. A final certificate of concurrency cannot be transferred to a different parcel and shall be limited to uses and intensities for which it was originally issued.

J. A final certificate of concurrency may be voluntarily surrendered or withdrawn by the owner of the parcel(s) for which the certificate was issued.

K. Upon issuance of a final certificate of concurrency, the city generally will be bound by its terms for the life of the certificate. The city is not bound, however, when funding is lost from previously committed transportation projects that would have added capacity needed for the specific final certificate of concurrency. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.080 Denial of concurrency.

A. If adequate person trips are not available to serve a proposed development, then the concurrency evaluation shall not be approved and a temporary certificate of concurrency shall not be issued.

B. If the concurrency evaluation is not approved, the applicant shall select one of the following options:

1. Accept the denial of the concurrency evaluation and application for temporary certificate of concurrency. The development application will be determined to be incomplete, the project will be removed from subsequent concurrency evaluations, and the project will receive no further review by the city of Bellingham.

2. Amend and resubmit the concurrency application within 90 days to:

a. Reduce the scale and impact of the development project to be within the range of person trips available;

b. Phase the development project to match future construction of multimodal transportation infrastructure or services that adds needed person trip capacity;

c. Provide transportation demand management or person trip reduction strategies, when the department determines that such strategies will be reasonably sufficient as to reduce the impact to be within the range of person trips available; or

d. Voluntarily arrange, by a financial commitment or instrument approved by the public works director to implement multimodal transportation improvements or transportation demand management strategies needed to achieve concurrency. Transportation mitigation must be acceptable to the city in form and amount, to guarantee the applicant’s financial obligation for capital improvements to achieve concurrency approval for the development units.

3. The 90-day period to amend the concurrency application shall begin no later than 14 days after notification of denial for the concurrency evaluation and temporary certificate of concurrency, as required under this chapter.

4. If the applicant elects to amend the concurrency application within the 90-day period, then the applicant’s 14-day appeal deadline shall begin on the date the public works director issues a written decision on the amended concurrency application.

5. Appeal the denial of concurrency and nonissuance of a temporary certificate of concurrency, pursuant to the provisions of BMC 13.70.140.

C. If a development that is consistent with the zoning provided in the comprehensive plan fails the concurrency evaluation, the city may review whether the underlying zoning is appropriate in the given area, as well as the feasibility of providing increased multimodal transportation capacity in the area, consistent with the adopted comprehensive plan and projected six-year transportation improvement program funding. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.090 Exemptions from concurrency application.

The following development permits shall be exempt from requiring a new concurrency application and evaluation:

A. Development projects with applications determined to be complete prior to the effective date of the ordinance codified in this chapter shall be considered to have concurrency approval as long as the accompanying development permit is valid and has not been modified after the effective date of the ordinance codified in this chapter. If the accompanying development permit does not expire, capacity shall be considered to exist for three years after the effective date of the ordinance codified in this chapter.

1. If the accompanying development permit has expired, or if the development project has been modified with a resulting increase in traffic impact, then a concurrency application, evaluation, approval, and temporary certificate of concurrency shall be required prior to any new permit application review for completeness.

B. Extension of previously issued, unexpired development permits.

C. Phases of projects that were disclosed by the applicant and subject to a concurrency evaluation as part of the original application (i.e., phased development); provided, that a concurrency evaluation was approved for the expansion of subsequent phase.

D. No Impact. Development applications for projects which do not create concurrency impacts to the city’s transportation facilities; such development includes but is not limited to:

1. Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units;

2. Interior renovations with no change in use or increase in the number of development units;

3. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;

4. Replacement structure with no change in use or increase in the number of development units;

5. Temporary construction trailers;

6. Driveway resurfacing, or parking lot paving;

7. Reroofing structures; and

8. Demolitions.

E. Permit Actions Exempt from Concurrency. The following permits are issued as a result of legislative or quasi-judicial actions, do not have transportation capacity impacts, and are therefore exempt from concurrency evaluation requirements:

1. Boundary line adjustments;

2. Variance;

3. Parking waiver or joint parking;

4. Vision clearance waiver;

5. Billboard relocation;

6. Exempt home occupation;

7. Lot line adjustment;

8. Nonconforming use status determination;

9. Over-height fence;

10. Shoreline statement of exemption;

11. Site area exception (BMC 20.30.040(B)(1)(d)); and

12. Wireless communication facility that does not require either a planned development approval or conditional use permit.

F. Accounting for Multimodal Transportation Capacity Used (See Table 13.70.020).

1. Public works will regularly conduct arterial traffic counts to account for arterial transportation capacity used by development;

2. Public works will annually update inventories of completed pedestrian and bicycle networks; and

3. Public works will coordinate with Whatcom transportation authority (WTA) to obtain annual ridership statistics, seated capacity inventories, and service frequency data.

G. Transportation Report on Annual Concurrency. The public works department shall annually produce and publish a transportation report on annual concurrency (TRAC) in conjunction with the six-year transportation improvement program. The TRAC shall document person trips available on the multimodal transportation network and shall, to the extent possible, identify multimodal transportation facilities and services and concurrency service areas where potential concurrency problems may arise. Potential mitigation and transportation demand management strategies will be suggested, as needed. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.100 Annual update.

The city’s travel demand forecast model shall be updated as needed and the city will recalculate available person trips to include:

A. Changes in the adopted six-year transportation improvement program and any other transportation improvements which have a financial commitment for construction within six years;

B. Inventories of completed pedestrian and bicycle networks; and

C. Annual ridership statistics, seated capacity inventories, and service frequency data. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.110 Adopted level of service standards.

The transportation level of service (LOS) standards for arterial streets and multimodal facilities and services are described and contained in the transportation element of the current city of Bellingham comprehensive plan. [Ord. 2008-12-107; Ord. 2006-04-041].

13.70.120 Intergovernmental coordination.

A. The city shall consider establishing agreements, or continue existing agreements with other local governments, agencies, jurisdictions, and the state of Washington to coordinate the imposition of level of service standards and concurrency management programs. Existing agreements shall continue in force until modified or terminated.

B. The city shall apply this transportation concurrency management ordinance, fees, and mitigation requirements to developments within its jurisdiction that impact transportation facilities under the jurisdiction of other local government agencies and the state of Washington, if interlocal agreements are in place at the time of the concurrency evaluation, unless the agreement sets forth alternative standards, fees, and mitigations.

C. The city may agree to accept and implement conditions and mitigations that are imposed by other jurisdictions on development in their jurisdiction pursuant to interlocal agreements or other agreements in place. [Ord. 2006-04-041].

13.70.130 Relationship to SEPA.

A determination of concurrency approval shall be an administrative action of the city of Bellingham that is categorically exempt from the State Environmental Policy Act. However, this does not mean to imply that the development proposal itself is exempt from SEPA review, regardless of its exempt status under this chapter. [Ord. 2006-04-041].

13.70.140 Administrative appeals.

A. The applicant may appeal the denial of concurrency approval and denial of temporary certificate of concurrency on any of the following grounds:

1. A technical error; or

2. The applicant provided accurate alternative data or a traffic mitigation plan that was rejected by the city.

B. Appeals of a concurrency evaluation denial shall be made according to the process set forth in BMC 21.10.250 for open record hearings before the hearing examiner.

C. Applicants must fine an appeal, and submit full payment of the specified appeal fee, within 14 days of the date that the city issues written notification of denial.

D. The city shall reserve person trips for the proposed development units during the appeal. [Ord. 2008-12-113; Ord. 2006-04-041].

13.70.150 Fees.

A. The fees charged for processing a concurrency application, including review of the concurrency evaluation, issuance of a temporary certificate of concurrency, or appeal of concurrency evaluation denial shall be as specified in the schedule as established by city council resolution.

B. Development by municipal, county, state and federal governments, and special districts (as that term is defined in state law) are exempt from the temporary certificate of concurrency application fee. [Ord. 2006-04-041].