Chapter 17.03
CONCURRENCY

Sections:

17.03.001    Purpose.

17.03.002    Authority and general procedure.

17.03.003    Exempt development.

17.03.004    Change of use.

17.03.005    All concurrency determinations exempt from project permit processing.

17.03.006    Level of service – Introduction.

17.03.007    Level of service standards.

17.03.008    Concurrency program.

17.03.009    Concurrency evaluations.

17.03.010    Concurrency evaluation for corridors.

17.03.011    Purpose of concurrency encumbrance letter.

17.03.012    Procedure for concurrency encumbrance letter evaluations.

17.03.013    Concurrency encumbrance letter – Effective date.

17.03.014    Application for concurrency encumbrance letter.

17.03.015    Issuance of concurrency encumbrance letter.

17.03.016    Expiration of concurrency encumbrance letter.

17.03.017    Denial letter.

17.03.018    Repealed.

17.03.019    Capacity reservation – Purpose.

17.03.020    Application for capacity reservation.

17.03.021    Issuance of capacity reservation letter.

17.03.022    Repealed.

17.03.023    Capacity reservation – Expiration and extensions of time.

17.03.024    Repealed.

17.03.025    Transfer of reserved capacity.

17.03.026    Use of encumbered capacity.

17.03.027    Transfer of encumbered capacity.

17.03.028    Repealed.

17.03.029    Repealed.

17.03.030    Concurrency – Resolution – Initiation.

17.03.031    Concurrency resolution – Review process.

17.03.032    Concurrency resolution – Effect of approval.

17.03.033    Concurrency resolution – Valid for approved site only.

17.03.034    Considerations for the review of concurrency resolution applications.

17.03.035    Concurrency – Purpose and procedure.

17.03.036    Concurrency administration.

17.03.037    Repealed.

17.03.038    Capacity monitoring.

17.03.039    Capacity modeling.

17.03.040    Appeals.

17.03.001 Purpose.

The purpose of this chapter is to implement the concurrency provisions of the transportation element of the city’s comprehensive plan, as required by RCW 36.70A.070(6)(e), consistent with WAC 365-195-510 and 365-195-835. No development permit or project permit shall be issued except in accordance with this chapter, which shall be cited as the concurrency management ordinance. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.002 Authority and general procedure.

The director shall be responsible for making determinations regarding concurrency and for issuing concurrency encumbrance letters according to the procedures in this chapter. The general procedure is as follows:

A.    Property owner/developer makes application for a concurrency determination in conjunction with a project permit application or other development approval request. See BMC 17.03.014 for application procedure.

B.    The city shall review an application and make an initial determination of consistency with the city’s development regulations under Chapter 11.04 BMC. The city shall then make a determination of concurrency under BMC 17.03.009 and 17.03.010. If the city determines that there is concurrency for the proposed project, a concurrency encumbrance letter is issued. The concurrency encumbrance letter is valid for 120 days.

C.    Within the effective period of the concurrency encumbrance letter, the applicant must apply for capacity reservation (BMC 17.03.020).

D.    Within the effective period of the capacity reservation, the building permit or approval for the development may be issued.

E.    Upon issuance of the city building permit or other approval, the capacity becomes vested, unless the building permit or approval lapses prior to issuance of an occupancy permit. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.003 Exempt development.

A.    Development Permit or Project Permit Issued Prior to Effective Date of This Chapter. All construction or change in use initiated pursuant to a development permit or project permit issued prior to the effective date of this chapter shall be exempt from the requirements of this chapter. However, no development or project permit shall be extended except in conformance with this chapter. In the event any such development or project permit has lapsed, does lapse or expire, then no subsequent building permit shall be issued except in accordance with this chapter.

B.    De Minimis Development. After the effective date of this chapter, a project permit application for approval of development activities determined by the director not to impact any affected corridor at built-out year conditions, shall be exempt from further compliance with the requirements of this chapter.

C.    Exempt Permits. The following types of permits are hereby determined to be exempt from the concurrency encumbrance letter process because they do not create additional impacts on public facilities or determine the intensity of development:

Administrative Interpretations

Single-Family Building Permit

Sign Permit

not associated with any subdivision

Street Vacation

Plumbing Permit

Demolition Permit

Electrical Permit

Street Use Permit

Mechanical Permit

Interior Alterations

Excavation Permit

with no change of use

Sewer Connection Permit

Excavation/Clearing Permits

Utility Permit (waste, sewer, storm)

Grading Permits

Water Meter Permit

Right-of-Way Invasion Permit

Hydrant Use Permit

Single-Family Remodeling

Side Storm Sewer Connection

with no change of use

 

(Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.004 Change of use.

Any change, redevelopment or modification of use shall require a concurrency evaluation in accordance with this chapter.

A.    Increased Impact on Transportation Facilities. If a change of use shall add 10 or more peak hour trips to a corridor, then a concurrency encumbrance letter shall be required for the direct traffic impacts of the added trips only; provided, that the applicant does provide reasonably sufficient evidence to the satisfaction of the director, that the previous use has been actively maintained on the site during the five-year period prior to the date of application for the concurrency evaluation.

B.    Decreased Impact on Transportation Facilities. If a change of use shall have a lesser impact on transportation facilities than the previous use, then no concurrency encumbrance letter shall be required. For the purpose of this section, “previous use” shall mean: (1) the use existing on the site when a concurrency evaluation is sought; or (2) the most recent use on the site, within the five-year period prior to the date of application. If no use existed on the site for the five-year period prior to the date of application, no concurrency credit shall be issued pursuant to this subsection.

C.    Demolition or Termination of Use. In the case of a demolition or termination of an existing use or structure, the concurrency evaluation for future redevelopment shall be based upon the net increase of the impact for the new or proposed land use as compared to the land use existing prior to demolition; provided, that such credit is utilized, through capacity reservation, within five years of the date of the issuance of the demolition permit. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.005 All concurrency determinations exempt from project permit processing.

The determinations made by the director pursuant to the authority in this chapter shall be exempt from project permit processing procedures of BMC Title 11. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.006 Level of service – Introduction.

The concept of concurrency is based on the maintenance of specified levels of service with respect to roadway facilities. Concurrency regulations require that adequate facilities must be available when the impacts of development occur or within six years from the time of development. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.007 Level of service standards.

Level of service (LOS) standards shall be used to determine if affected corridors are adequate to support the impact of new development. Assessment of the LOS for corridors within the city shall be based on the most current version of the Highway Capacity Manual (HCM). The city’s established LOS for corridors within city limits shall be as identified in the transportation element of the city’s comprehensive plan. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.008 Concurrency program.

The director shall have the authority to designate the specific corridors to be evaluated by an applicant and included in the concurrency program. At a minimum, all corridors designated in the transportation element of the city’s comprehensive plan shall be included in the concurrency program. Other corridors may be added to the concurrency program based upon current or projected traffic conditions in the city. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.009 Concurrency evaluations.

A.    When Requirements Apply. The director shall utilize the standards and requirements set forth in this section and BMC 17.03.010(B) to conduct a concurrency evaluation, prior to issuance of a concurrency encumbrance letter. In addition, the director may also utilize applicable standards set forth in the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC), or such other rules regarding concurrency which may be established from time to time by administrative rule. In cases where LOS standards do not apply, the director shall have the authority to utilize other factors in preparing concurrency evaluations to include, but not be limited to, independent LOS analysis.

B.    Concurrency Encumbrance Letters. No concurrency encumbrance letter shall be issued except after a concurrency evaluation pursuant to this section and BMC 17.03.010, which indicates that capacity is available in all applicable road facilities.

C.    Rezoning Applications or Comprehensive Plan Amendments Requesting an Increase in Density or Intensity of Development. A concurrency evaluation shall be required as part of any application for a comprehensive plan amendment or zoning map amendment (rezone) which, if approved, would increase the intensity or density of permitted development. As part of that concurrency evaluation, the director shall determine whether capacity is available to serve both the density and intensity of development which would result from the zoning map amendment. The concurrency evaluation shall be submitted as part of the staff analysis to the hearing body and shall be considered in determining the appropriateness of the comprehensive plan or zoning map amendment.

D.    Concurrency Evaluation Required. A concurrency evaluation shall be required prior to the city’s consideration of any permit or approval for any development activity, unless specifically exempted by this chapter. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.010 Concurrency evaluation for corridors.

A.    Evaluation Performed Prior to Issuance of Encumbrance Letter. A concurrency evaluation for the city’s designated corridors shall be required prior to issuance of a concurrency encumbrance letter.

B.    Method of Evaluation.

1.    In performing the concurrency evaluation for corridors, and to prepare the concurrency encumbrance letter, the city shall determine the impact of the traffic generated by the proposed development activity. The evaluation shall be based on data generated by the city, by professional associations, and by the applicant, and if needed, by independent analysis. The city shall examine the data to verify that:

a.    Zoning and density assumptions for the proposed project are consistent with the transportation element and other applicable portions of the comprehensive plan.

b.    Existing and projected trip generation is consistent with the latest version of the ITE Trip Generation Manual or documented generation for uses not typical of uses in the manual.

c.    LOS calculations for all affected corridors are accurate and based upon built-out year with and without the proposed development.

2.    The city shall determine if the capacity on the city’s corridors, plus the capacity which is or shall be generated by all existing, encumbered, reserved and vested development, can be provided while meeting the level of service standards set forth in this chapter.

3.    The development shall be deemed in compliance with concurrency requirements if affected corridors have the adequate capacity to serve the proposed development without decreasing levels of service below the established LOS minimums, or with the condition that the necessary improvements are in place or that a financial commitment is in place to provide the improvements within six years of the time of development. (WAC 365-195-210.) (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 1, 2002; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.011 Purpose of concurrency encumbrance letter.

A concurrency encumbrance letter is a determination by the director that, for a particular parcel and given a specific proposed development density or intensity: (A) the proposed development shall be concurrent at the time the concurrency encumbrance letter is issued; and (B) the director has encumbered public facility or service capacity for a period of 120 days. In no event shall an applicant encumber a greater amount of capacity than that necessary to serve the maximum amount of development permitted on the site under its current zoning classification. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.012 Procedure for concurrency encumbrance letter evaluations.

Within 90 days after receipt of an application for a concurrency encumbrance letter, the director shall process the application, conduct a concurrency evaluation in accordance with this chapter, and issue a concurrency encumbrance letter or denial letter. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.013 Concurrency encumbrance letter – Effective date.

A concurrency encumbrance letter shall be valid for 120 days, referred to as the encumbrance period, and shall expire at the end of the encumbrance period unless the applicant reserves capacity or is issued a building permit during the encumbrance period. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.014 Application for concurrency encumbrance letter.

An application for a concurrency encumbrance letter shall be accompanied by the requisite fee, which shall be set by city council resolution. An applicant seeking a concurrency encumbrance letter shall submit the following information to the director, on a form provided by the director:

A.    Date of submittal;

B.    Applicant’s name, address and telephone number;

C.    Legal description of property and assessor’s parcel number;

D.    Proposed use(s) by land use category, square feet and number of units;

E.    Phasing information by proposed uses, square feet and number of units, if applicable;

F.    Existing use of property;

G.    Acreage of property;

H.    Proposed site design information, if applicable;

I.    Whether sewer and potable water capacity has been previously reserved;

J.    A traffic impact analysis prepared by a professional traffic engineer covering the affected corridors identified at the pre-application conference for the project permit, approved by the director;

K.    Written consent of the property owner, if different from the applicant;

L.    Whether the applicant shall seek to reserve capacity or obtain a building permit during the encumbrance period and proposed length of reservation, if applicable;

M.    Proposed allocation of capacity by legal description, if applicable. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.015 Issuance of concurrency encumbrance letter.

Upon approval of the concurrency evaluation, the director shall issue the concurrency encumbrance letter, which shall advise the applicant that capacity is available for reservation or for issuance of a building permit. If the applicant is not the property owner, a copy of the concurrency encumbrance letter shall also be sent to the property owner. At a minimum, the concurrency encumbrance letter shall identify the application submitted, and contain the following information: (A) the date the concurrency encumbrance letter was issued; (B) capacity encumbered for a specific year; and (C) the date upon which the concurrency encumbrance letter expires unless the encumbered capacity is reserved or unless a building permit is issued prior to the expiration. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.016 Expiration of concurrency encumbrance letter.

If the concurrency encumbrance letter expires prior to issuance of capacity reservation or a building permit using the encumbered capacity, the capacity shall revert to the available capacity category. The applicant may apply for a new concurrency encumbrance letter. However, a concurrency encumbrance letter shall be issued no sooner than three months following the date of the last concurrency encumbrance letter expiration for the same property. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.017 Denial letter.

If the director determines that one or more corridors are not concurrent, the director shall issue a denial letter. The letter shall advise the applicant that capacity is not available. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.018 Capacity waiting list.

Repealed by Ord. 2014. (Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.019 Capacity reservation – Purpose.

The purpose of the capacity reservation process is to allow property owners and developers the assurance that capacity is available when it is needed for a particular project, and to provide a higher degree of certainty during the construction financing process. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.020 Application for capacity reservation.

An application for capacity reservation shall be on a form provided by the director. The application shall be submitted and accompanied with a valid concurrency encumbrance letter to the director. The application shall include all of the information requested for a concurrency encumbrance letter in BMC 17.03.014, together with: (1) a copy of a valid concurrency encumbrance letter; and (2) allocation of capacity, by legal description, if applicable. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.021 Issuance of capacity reservation letter.

Within 15 working days after receipt of a complete application for capacity reservation, the director shall issue a letter specifying the capacity reservation. The capacity reservation shall be valid for a period of 180 days. Upon issuance of capacity reservation, the director shall transfer the requested capacity from the encumbered capacity bank to the reserved capacity category. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.022 Capacity reservation time period.

Repealed by Ord. 2014. (Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.023 Capacity reservation – Expiration and extensions of time.

A.    Expiration. Upon expiration of the time frame set forth in the capacity reservation letter, if a building permit was not obtained within the reservation period, the director shall transfer the reserved capacity to the available capacity category.

B.    Extensions. Up to 30 days before the expiration date of the capacity reservation, the applicant may request a no-fee extension of not more than 365 days. If a project is proposed to be phased, the applicant may request a capacity reservation extension matching a phasing plan agreed to by the director.

    The director shall determine whether an extension is warranted, based on the following criteria:

1.    Size of the project and the amount of capacity requested. A limit may be imposed on the amount of capacity that may be extended;

2.    Phasing;

3.    Location of the project;

4.    Capacity availability within the service area;

5.    Reasons for requesting the reservation time period extension; and

6.    Whether the developer exercised good faith in attempting to acquire a building permit.

Any unused capacity for a specific yearly time frame may be carried forward into the next yearly time frame. No unused capacity may be carried forward beyond the duration of the reservation or any subsequent extension. After expiration, the applicant is required to prepare a revised traffic impact analysis to be reviewed by the director in a new concurrency evaluation. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.024 Capacity reservation fees.

Repealed by Ord. 2014. (Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.025 Transfer of reserved capacity.

At no time may reserved capacity be sold or transferred to another party or entity without the real property described in the original application. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.026 Use of encumbered capacity.

When a valid building permit is issued for a project utilizing encumbered capacity, that capacity shall become vested capacity and shall not be recaptured unless the building permit lapses or expires without the issuance of a certificate of occupancy. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.027 Transfer of encumbered capacity.

Encumbered capacity shall not be transferred to property not included in the legal description provided by the applicant in the application for the concurrency encumbrance letter. However, if during the encumbrance period, the applicant submits an application for a building permit, he may, as part of such application, designate the amount of capacity allocated to portions of the property, such as lots, blocks, parcels, or tracts included in the application. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.028 Concurrency resolution process – Intent.

Repealed by Ord. 1946. (Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.029 Application of concurrency resolution procedures.

Repealed by Ord. 1946. (Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.030 Concurrency – Resolution – Initiation.

An applicant who receives a concurrency encumbrance denial letter may seek concurrency resolution, in accordance with BMC 17.03.031 through 17.03.034. This process shall be initiated by submittal of an application on a form provided by the director, and fee, as established by council resolution, for a concurrency resolution to the director. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.031 Concurrency resolution – Review process.

A.    The director shall review each application for a concurrency resolution agreement, and request additional information from the applicant, as required to evaluate the impacts of the proposed development on the city’s road facilities.

B.    The director shall determine whether the development, as proposed or with conditions, would degrade the LOS set forth in this chapter. If such development can be approved or approved with conditions, the director shall issue a concurrency resolution offer to the applicant, which at a minimum shall contain all information contained in the concurrency encumbrance letter. In addition, such offer shall contain any conditions deemed necessary in order to approve the development. The letter shall specify that the applicant shall have 30 days to accept the offer. If the applicant accepts the offer, the director and applicant shall agree, in writing, on a time frame for preparation of a concurrency resolution agreement. After the concurrency resolution agreement is executed by the applicant, the director shall schedule the agreement for a regularly scheduled hearing examiner’s session. No such agreement shall be effective until approved by the hearing examiner.

C.    The application and agreement shall be forwarded to the hearing examiner. Based on the application and the requirements of this chapter, the hearing examiner shall approve, approve with conditions or deny the application and agreement. Following approval of the agreement by the hearing examiner, the agreement shall be recorded in the Snohomish County auditor’s office or the King County department of records and elections, at the expense of the applicant.

D.    Violation of such conditions and safeguards, when made a part of the terms under which a concurrency encumbrance is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of BMC Title 17. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.032 Concurrency resolution – Effect of approval.

Approval of the concurrency resolution agreement shall give the applicant authority to submit an application for a concurrency encumbrance letter. This application must be submitted within 15 working days of approval of the concurrency resolution agreement, or the agreement shall expire and the capacity shall be transferred to the available capacity category. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.033 Concurrency resolution – Valid for approved site only.

A concurrency resolution agreement shall be approved only the basis of the site plan and other information submitted with the application, and shall be valid only for the location and area shown on the application. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.034 Considerations for the review of concurrency resolution applications.

In its review of concurrency resolution agreement applications, the director and city council shall include consideration of the following factors:

A.    The purpose and intent of all other requirements of this chapter.

B.    Whether the proposal is consistent with all applicable development regulations and policies of the city’s comprehensive plan.

C.    Whether necessary public road facilities shall be adequate to serve the proposed use.

D.    Any other matter which is appropriate and relevant to the specific proposal. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.035 Concurrency – Purpose and procedure.

The purpose of this and the following sections is to describe the process for administering the concurrency ordinance. The capacity categories provided for in this chapter shall be established to allow capacity to be transferred to each category in the application process. Capacity refers to the ability or availability of road facilities to accommodate users, expressed in an appropriate unit of measure. Available capacity represents a specific amount of capacity that may be encumbered by, reserved by or committed to future users of road facilities. Capacity is withdrawn from the available capacity category and placed into the encumbered capacity category when a concurrency encumbrance letter is issued; transferred to the reserve capacity category when capacity is reserved; and transferred to the vested capacity category when a building permit is issued. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.036 Concurrency administration.

The director shall be responsible for the administration of this chapter. The director is authorized to adopt administrative policies and technical procedures to administer this chapter. The administrative policies and technical procedures may include, but are not limited to, such subjects as the contents and scope of a Traffic Impact Analysis (TIA), the methodologies to be used in preparing a TIA, and the nature and extent of the improvement(s) necessary to meet the requirements of this chapter. Appeals of the director’s determinations shall be made according to the procedures in BMC Title 17. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.037 Capacity accounting.

Repealed by Ord. 1946. (Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.038 Capacity monitoring.

The director is responsible for monitoring existing traffic conditions with regard to available capacity for roadway facilities on a regular and continuous basis.

The director shall provide periodic updates to the city council on the city’s roadway capacity. The director shall also report on the status of roadway capacity when public hearings for comprehensive plan amendments are heard. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.039 Capacity modeling.

The city’s travel demand model shall be updated on a periodic basis based on traffic count information, including data from neighboring jurisdictions and the Washington State Department of Transportation (WSDOT). Modeling shall include participated capital improvements, growth projections, and all vested, reserved, committed, and encumbered capacities.

The city’s travel demand model shall consider the socioeconomic data, development approvals, land use amendments, comprehensive plan amendments, and LOS standards from neighboring jurisdictions in order to address the external changes outside of the city that may impact the city’s roadway system. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).

17.03.040 Appeals.

Appeals of determinations made by the director pursuant to this chapter shall be heard by the city’s hearing examiner, under the procedures set forth in Chapter 11.14 BMC. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).