Chapter 19.10
CONCURRENCY MANAGEMENT
Sections:
Article I. Overview and Exemptions
19.10.001 Purpose.
19.10.002 Authority.
19.10.003 Exempt development.
19.10.004 Capacity evaluation required for change of use.
19.10.005 Capacity evaluations required for rezone applications or comprehensive plan amendments requesting an increase in extent or density of development.
19.10.006 All capacity determinations exempt from project permit processing.
Article II. Level of Service Standards
19.10.007 Introduction.
19.10.008 Level of service standards.
19.10.009 Effect of LOS standards.
Article III. Capacity Evaluations
19.10.010 Capacity evaluations required prior to issuance of CRC.
Article IV. Submission and Acceptance of Application
19.10.011 Water, transportation and sewer – Application for capacity evaluation.
19.10.012 Submission and acceptance of an application for a CRC.
Article V. Procedure for Determining Capacity
19.10.013 Method of capacity evaluation.
Article VI. Capacity Reservation Certificates (CRCs)
19.10.014 Purpose of capacity reservation certificate.
19.10.015 Procedure for capacity reservation certificates.
19.10.016 Use of reserved capacity.
19.10.017 Transfer of reserved capacity.
19.10.018 Denial letter.
19.10.019 Notice of concurrency determination.
Article VII. Capacity Reservation Certificate (CRC)
19.10.020 Expiration and extensions of time.
Article VIII. Appeals of Concurrency Determination
19.10.021 Appeals.
19.10.022 Repealed.
Article IX. Concurrency Administration
19.10.023 Purpose and procedure.
19.10.024 Capacity classifications.
19.10.025 Annual reporting and monitoring.
19.10.026 Road LOS monitoring and modeling.
19.10.027 Traffic impact analysis standardized format.
Article I. Overview and Exemptions
19.10.001 Purpose.
The purpose of this chapter is to implement the concurrency provisions of the transportation and utilities elements of the city’s comprehensive plan, the water and sewer comprehensive plans, in accordance with RCW 36.70A.070(6)(e), consistent with WAC 365-195-510 and 365-195-835. No development permit shall be issued except in accordance with this chapter, which shall be cited as the “concurrency management ordinance.” (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.002 Authority.
The director of community development, or his/her designee, shall be responsible for implementing and enforcing the concurrency management ordinance. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.003 Exempt development.
A. No development activity (as defined in Chapter 19.14 GHMC) shall be exempt from the requirements of this chapter unless the permit is listed below. The following types of permits are not subject to the capacity reservation certificate (CRC) process because they do not create additional long-term impacts on transportation facilities or sewer capacity in the city’s wastewater treatment plant, or water capacity in the city’s water system:
1. Administrative interpretations;
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. Hydrant use permit;
9. Right-of-way permit;
10. Single-family remodeling with no change of use;
11. Plumbing permit;
12. Electrical permit;
13. Mechanical permit;
14. Excavation permit;
15. Sewer connection permit;
16. Driveway or street access permit;
17. Grading permit;
18. Tenant improvement permit;
19. Fire code permit;
20. Design review approval.
Notwithstanding the above, if any of the above permit applications will generate any new p.m. peak-hour trips, require additional sewer capacity, or increase water consumption, such application shall not be exempt from the requirements of this chapter.
B. 1. Transportation. This chapter shall apply to all development applications for development or redevelopment if the proposal or use will generate any new p.m. peak-hour trips. Every application for development shall be accompanied by a concurrency application. Developments or redevelopments, excluding an individual single-family residence, that will generate one or more new projected vehicle trips that will pass through an intersection or roadway section identified with a level of service below the acceptable level noted in the transportation element in the city’s comprehensive plan, or that will generate 15 or more new p.m. peak-hour trips shall also be required to have the city prepare a traffic report as defined in GHMC 19.10.011.
2. Water. This chapter shall apply to all development applications or outside city limits utility extension agreements (under Chapter 13.34 GHMC) for development or redevelopment if the proposal or use requires water from the city’s water system. In addition, this chapter shall apply to existing developments to the extent that the property owner requires water for a use not disclosed on a previously submitted water service application under GHMC 13.02.030 or a previously submitted application for a capacity reservation certificate.
3. Sewer. This chapter shall apply to all development applications or outside city limits utility extension agreements (under Chapter 13.34 GHMC) for development or redevelopment if the proposal or use requires sewer from the city’s sewer system. In addition, this chapter shall apply to existing developments to the extent that the property owner requires sewer for a use not disclosed on a previously approved request for sewer service or a previously approved application for a capacity reservation certificate. (Ord. 1081 § 1, 2007; Ord. 1044 § 1, 2006; Ord. 969 § 1, 2004; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.004 Capacity evaluation required for change of use.
Except for development exempt under GHMC 19.10.003, any development activity, as defined in the definition section of this chapter, shall require a capacity evaluation in accordance with this chapter.
A. Increased Impact on Road Facilities, and/or the City’s Water System, and/or the City’s Sewer System. If a change of use will have a greater impact on road facilities and/or the city’s water system, and/or the city’s sewer system than the previous use as determined by the director based on review of information submitted by the developer, and such supplemental information as available, a CRC shall be required for the net increase only; provided, that the developer shall provide reasonably sufficient evidence that the previous use has been actively maintained on the site during the five-year period prior to the date of application for the capacity evaluation.
B. Decreased Impact on Transportation Facilities and/or the City’s Water System, and/or the City’s Sewer System. If a change of use will have an equal or lesser impact on road facilities and/or the city’s water system and/or the city’s sewer system than the previous use as determined by the director based on review of information submitted by the developer, a CRC will not be required.
C. No Capacity Credit. If no use existed on the site for the five-year period prior to the date of application, no capacity credit shall be issued pursuant to this section.
D. Demolition or Termination of Use. In the case of a demolition or termination of an existing use or structure, the capacity evaluation for future redevelopment shall be based upon the net increase of the impact on road facilities or the city’s water or sewer system for the new or proposed land use as compared to the land use existing prior to demolition; provided, that such credit is utilized through a CRC within five years of the date of the issuance of the demolition permit. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.005 Capacity evaluations required for rezone applications or comprehensive plan amendments requesting an increase in extent or density of development.1
A capacity 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 capacity evaluation, the director shall determine whether capacity is available to serve both the extent and density of development which would result from the zoning/comprehensive plan amendment. The capacity evaluation shall be submitted as part of the staff report and shall be considered by the city in determining the appropriateness of the comprehensive plan or zoning amendment. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.010).
19.10.006 All capacity determinations exempt from project permit processing.
The processing of applications pursuant to the authority in this chapter shall be exempt from project permit processing procedures, as described in this title, except that the appeal procedures of GHMC Title 19 shall apply as specifically indicated herein. The city’s processing of capacity determinations and resolving capacity disputes involves a different review procedure due to the necessity to perform continual monitoring of facility and service needs, to ensure continual funding of facility improvements, and to develop annual updates to the transportation and utilities elements of the comprehensive plan. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.005).
Article II. Level of Service Standards
19.10.007 Introduction.
The concept of concurrency is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and/or road facilities are available when the impacts of development occur. For road facilities, this time period is statutorily established as within six years from the time of development. (See RCW 36.70A.070(6)(c) and WAC 365-195-210, definition of “available public facilities.”)
A. Roads. The city has designated levels of service for road facilities in its transportation comprehensive plan:
1. To conform to RCW 47.80.030 for transportation facilities subject to regional transportation plans;
2. To reflect realistic expectations consistent with the achievement of growth aims;
3. For road facilities according to WAC 365-195-325; and
4. To prohibit development if concurrency for road facilities is not achieved (RCW 36.70A.070), and if sufficient public and/or private funding cannot be found, land use assumptions in the city’s comprehensive plan will be reassessed to ensure that level of service standards will be met, or level of service standards will be adjusted.
B. Water. The city has a permitted withdrawal volume of water issued by the Department of Ecology. “Level of service” as it relates to water is defined in the water element of the city’s comprehensive plan as the ability to provide potable water to the consumer for use and fire protection. The ability to provide this water supply is limited by the water permit from the Department of Ecology.
C. Sewer. The city 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 defined in the city’s sewer comprehensive plan as the ability to provide sanitary sewer services to the consumer for use, treatment at the city’s wastewater treatment plant, and discharge into Puget Sound. The city’s ability to provide such service is limited by the physical capacity of the city’s wastewater treatment plant as well as the NPDES permit issued by the Department of Ecology. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.006).
19.10.008 Level of service standards.
Level of service (LOS) is the established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need, as mandated by Chapter 36.70A RCW. LOS standards shall be used to determine if public facilities or services are adequate to support a development’s impact. The city’s established LOS for roads within the city limits shall be as shown in the transportation element of the city’s comprehensive plan. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.007).
19.10.009 Effect of LOS standards.
The director shall use the LOS standards set forth in the transportation element of the city’s comprehensive plan to make concurrency evaluations as part of the review of any application for a transportation CRC issued pursuant to this chapter. The director shall use the existing water rights as permitted by the Department of Ecology and as identified in the utilities element of the city’s comprehensive plan to make concurrency evaluations as part of the review of any application for a water CRC issued pursuant to this chapter. In order to make a concurrency determination for sewer, the director shall use the limits and levels established in the city’s NPDES permit from the Department of Ecology, and evaluate the remaining capacity in the city’s wastewater treatment plant. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.008).
Article III. Capacity Evaluations
19.10.010 Capacity evaluations required prior to issuance of CRC.
A. When the Requirements of This Chapter Apply. A capacity evaluation for transportation, water or sewer shall be required for any of the nonexempt activities identified in Article I of this chapter.
B. The director shall utilize requirements set forth in Article V of this chapter to conduct a capacity evaluation prior to issuance of a CRC. In addition to the requirements set forth in Article V of this chapter, and specifically in GHMC 19.10.012, the director may also utilize state law or the Washington Administrative Code, 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 capacity evaluations to include, but not be limited to, independent LOS analysis.
C. Capacity Reservation Certificates. A CRC will not be issued except after a capacity evaluation performed pursuant to Article V of this chapter, indicating that capacity is available in all applicable road facilities and/or within the city’s water or sewer system. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999. Formerly 19.10.009).
Article IV. Submission and Acceptance of Application
19.10.011 Water, transportation and sewer – Application for capacity evaluation.
A. An application for a CRC and the application for the underlying development permit, or other activity, shall be accompanied by the requisite fee, as determined by city council resolution. An applicant for a CRC shall submit the following information to the director, on a form provided by the director together with a development application:
1. Date of submittal.
2. Developer’s name, address and telephone number.
3. Legal description of property as required by the underlying development permit application together with an exhibit showing a map of the property.
4. Proposed use(s) by land use category, square feet and number of units.
5. Phasing information by proposed uses, square feet and number of units, if applicable.
6. Existing use of property.
7. Acreage of property.
8. Proposed site design information, if applicable.
9. For transportation CRC applications only: 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, the land use codes per the most recent edition of Trip Generation from the Institute of Transportation Engineers (ITE), and an analysis of the points of access to existing and proposed roadways.
10. The applicant’s proposed mitigation (if any) for the impact on the city’s transportation facilities.
11. Written consent of the property owner, if different from the developer.
12. Proposed request of capacity by legal description, if applicable.
13. For water CRC applications only: Water hydraulic report prepared by a licensed professional engineer, which shall include the purpose for which the water is required.
14. For sewer CRC applications only: Sewer hydraulic report prepared by a licensed professional engineer, which shall include the purpose for which the sewer is required.
15. Stormwater drainage report prepared by a licensed professional engineer.
B. Transportation. The applicant is not required to submit a traffic impact analysis from an independent traffic engineer. Instead, those applicants with transportation CRC applications that are required to have the city provide a traffic report in accordance with GHMC 19.10.003(B)(1) shall instead pay to the city a deposit equal to the estimated fee for the city’s preparation of a traffic report. The amount of the fee shall be determined by city resolution and paid at the time of transportation CRC application submittal. The fee shall vary based on the number of new p.m. peak-hour trips produced by the development. The applicant shall be subject to repayment of fees for any subsequent revisions to the original traffic report. Fees for revisions may be an additional proportion of the original fee depending on the effort involved to revise the traffic report. Even if the traffic report is based on an estimation of impact, the applicant will still be bound by its estimation of impact, and any upward deviation from the estimated traffic impact shall require at least one of the following: a finding that the additional concurrency sought by the developer through a revised application is available to be reserved by the project; mitigation of the additional impact under SEPA; revocation of the CRC. (Ord. 1081 § 2, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 845 § 1, 2000; Ord. 818 § 1, 1999).
19.10.012 Submission and acceptance of an application for a CRC.
A. Notice of Application. Issuance of a notice of application for the underlying permit application shall be handled by the planning director or designee, following the process in GHMC 19.02.004. The notice of application required by GHMC 19.02.004 shall state that an application for a concurrency determination has been received by the city.
B. Determination of Completeness. The planning director shall immediately forward all CRC applications received with development applications to the public works/engineering staff. Within 28 days after receiving an application for a CRC, the public works/engineering staff shall mail or personally deliver to the applicant a determination which states either:
1. That the concurrency application is complete; or
2. That the concurrency application is incomplete and what is necessary to make the application complete.
C. Additional Information. An application for a CRC is complete for purposes of initial processing when it meets the submission requirements in GHMC 19.10.011. The determination of completeness shall be made when the application is sufficiently complete for review even though additional information may be required or project modifications may be undertaken subsequently. The director’s determination of completeness shall not preclude the director’s ability to request additional information or studies.
D. Incomplete Applications.
1. Whenever the city issues a determination that the CRC is not complete, the CRC application shall be handled in the same manner as a project permit application under GHMC 19.02.003.
2. Date of Acceptance of Application. An application for a CRC shall not be officially accepted or processed until it is complete and the underlying development application has been determined complete. When an application is determined complete, the director shall accept it and note the date of acceptance. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 845 § 2, 2000; Ord. 818 § 1, 1999).
Article V. Procedure for Determining Capacity
19.10.013 Method of capacity evaluation.
A. In order to determine concurrency for the purposes of issuance of a transportation CRC, the director shall make the determination described in subsection B of this section. In order to determine concurrency for the purpose of issuance of a water CRC, the director shall make the determination described in subsection C of this section. In order to determine concurrency for the purpose of issuance of a sewer CRC, the director shall make the determination described in subsection D of this section. The director may deem the development concurrent with road facilities or the city’s water system, with the condition that the necessary facilities or services shall be available when the impacts of the development occur or shall be guaranteed to be available through a financial commitment in an enforceable development agreement (which shall be in a form approved by the city attorney). In no event shall the director determine concurrency for a greater amount of capacity than is needed for the development proposed in the underlying permit application.
B. Transportation.
1. Upon submission and acceptance of a complete transportation CRC application, the director shall conduct a traffic impact analysis and issue a traffic report for those applications meeting the requirements of GHMC 19.10.003(B)(1).
2. In performing the concurrency evaluation for transportation facilities, and to prepare the transportation CRC, the director shall determine, based on the conclusions of the traffic report, whether a proposed development can be accommodated within the existing or planned capacity of transportation 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.
3. The director shall determine if the capacity of the city’s transportation facilities, less the capacity which is reserved, can be provided while meeting the level of service performance standards set forth in the city’s comprehensive plan, and, if so, shall provide the applicant with a transportation CRC. The director’s determination will be based on the application materials provided by the applicant, which must include the applicant’s proposed mitigation for the impact on the city’s transportation facilities.
C. Water.
1. In performing the concurrency evaluation for water, and to prepare the water CRC, the director shall determine whether a proposed development can be accommodated within the existing or planned capacity of the city water system. 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 provided by the applicant; and
e. Comparison of available capacity with proposed development impacts.
2. The director shall determine if the capacity of the city’s water facility, less the capacity which is reserved, can be provided while remaining within the city’s permitted water rights for withdrawal volume, and, if so, shall provide the applicant with a water CRC.
D. Sewer.
1. In performing the concurrency evaluation for sewer, and to prepare the sewer CRC determination, the director shall determine whether a proposed development can be accommodated within the existing or planned capacity of the city’s sewer system. 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 available capacity for the proposed development, minus the effects of any mitigation provided by the applicant; and
e. Comparison of available capacity with proposed development impacts.
2. The director shall determine if the capacity of the city’s wastewater treatment plant, less the capacity which is reserved, can be provided while remaining within the city’s NPDES permit for discharge volumes and levels, and, if so, shall provide the applicant with a sewer CRC.
E. Lack of Concurrency.
1. Transportation. If the director determines that the proposed development will cause the LOS of a city-owned transportation facility to decline below the standards adopted in the transportation element of the city’s comprehensive plan, and improvements or strategies to accommodate the impacts of development are not planned to be made concurrent with development, a transportation CRC and the underlying development permit, if such an application has been made, shall be denied. Upon denial, the applicant may perform one of the following:
a. Appeal the findings of the traffic report in accordance with GHMC 19.10.021;
b. Offer alternative data and/or perform an independent traffic impact analysis at the applicant’s sole expense in support of alternative conclusions. Any study shall be in accordance with GHMC 19.10.027;
c. Modify the development proposal to lessen the traffic impacts and/or identify voluntary transportation improvements as mitigation to be provided by the applicant at the applicant’s cost and re-apply for capacity review. Re-application shall require repayment of the traffic report preparation fee in accordance with GHMC 19.10.011(B); or
d. Withdraw the CRC application.
2. Water. If the director determines that there is no capacity available in the city’s water system to provide water for a proposed project, and improvements or strategies to accommodate the impacts of development are not planned to be made concurrent with development, the director shall deny the water CRC. The city has the discretion allowed under the Gig Harbor Municipal Code to deny the underlying development application, depending on the applicant’s ability to provide water for the proposed project from another source. (Ord. 1081 § 3, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
Article VI. Capacity Reservation Certificates (CRCs)
19.10.014 Purpose of capacity reservation certificate.
A. A transportation CRC is a determination by the director that: (1) the proposed development identified in the CRC application does not cause the level of service on a city-owned road facility to decline below the standards adopted in the transportation element of the city’s comprehensive plan, or (2) that a financial commitment (embodied in a development agreement) is in place to complete the necessary improvements or strategies within six years. Upon issuance of a transportation CRC, the director will reserve transportation facility capacity for this application until the expiration of the underlying development permit or as otherwise provided in GHMC 19.10.020. Although the CRC may identify the number of projected trips associated with the proposed development, nothing in this chapter (including the trip transfer procedures) shall imply that the applicant “owns” or has any ownership interest in the projected trips.
B. A water CRC is a determination by the director that: (1) the proposed development identified in the CRC application does not exceed the city’s existing water rights or the limits of any state-issued permit, or (2) that a financial commitment (embodied in a development agreement) is in place to complete the necessary improvements or strategies within six years. Upon issuance of a water CRC, the director will reserve water capacity for the application until the expiration of the underlying development permit or as otherwise provided in GHMC 19.10.020, or as set forth in the outside city limits utility extension agreement.
C. A sewer CRC is a determination by the director that: (1) the proposed development identified in the CRC application does not exceed the city’s existing NPDES permit limits or the existing capacity in the city’s wastewater treatment plant, or (2) that a financial commitment (embodied in a development agreement) is in place to complete the necessary improvements or strategies within six years. Upon issuance of a sewer CRC, the director will reserve sewer capacity for the application until the expiration of the underlying development permit or as otherwise provided in GHMC 19.10.020 or as set forth in the outside city limits utility extension agreement.
D. The factors affecting available water or sewer capacity or availability may, in some instances, lie outside of the city’s control. The city’s adoption of this chapter relating to the manner in which the city will make its best attempt to allocate water or sewer capacity or availability does not create a duty in the city to provide water or sewer service to the public or any individual, regardless of whether a water or sewer CRC has issued. Every water availability certificate and water or sewer CRC shall state on its face that it is not a guarantee that water and/or sewer will be available to serve the proposed project. (Ord. 1091 § 1, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.015 Procedure for capacity reservation certificates.
A. After receipt of a complete application for a CRC, the director shall process the application in accordance with this chapter and issue the CRC or a denial letter.
B. The city made a prior determination that no sewer capacity is available until substantial improvements are completed at the city’s waste water treatment plant, and established an interim process for alternative project permit processing under GHMC 19.02.035.
1. If additional sewer capacity becomes available prior to completion of the improvements to the waste water treatment plant, the director shall process requests for such additional sewer capacity in the following priority:
a. First, to applicants with complete building permit applications where the project is comprised of tenant improvements or single-family residential construction and where the applicant has completed the alternative project permit process to the point where the project is ready for final decision and placed on the wait list referenced in GHMC 19.02.035(G), in the order placed on the wait list;
b. Second, to applicants with complete building permit applications where the project is comprised of tenant improvements or single-family residential construction and where no additional land use approval is required, in the order that the accompanying sewer CRC application became complete;
c. Third, to remaining applicants who have completed the alternative project permit process to the point where the project is ready for final decision and placed on the wait list referenced in GHMC 19.02.035(G), in the order placed on the wait list;
d. Fourth, to applicants with complete project permit applications not identified above in the order that the accompanying sewer CRC application became complete.
2. In the event that an applicant requires more sewer capacity than available, the director shall inform the applicant that the sewer CRCs cannot be issued at that time. If the project is already on the wait list referenced in GHMC 19.02.035(G), the project will retain its position on the wait list. If an applicant on the wait list is eligible to receive sewer CRCs under subsection (B)(1) of this section but declines the sewer CRCs when offered, the project will retain its position on the wait list. New projects undergoing the alternative project permit process set forth in GHMC 19.02.035 will be placed on the wait list in accordance with the provisions of GHMC 19.02.035.
3. Prior to the issuance of sewer CRCs under this section, the applicant shall pay a deposit for connection charges. The deposit shall be in the amount of the connection fee in effect on the date of issuance of the CRC. In the event the connection fee is greater at the time of connection, the applicant shall pay the difference prior to connection. If the applicant fails to connect to the system prior to expiration of the CRC, the applicant shall forfeit $500.00 of the deposit to cover the city’s administrative and related expenses. (Ord. 1159 § 1, 2009*; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
* Code reviser’s note: Section 2 of Ordinance 1159 provides as follows: “The provisions of GHMC 19.10.015(B)(3) shall automatically expire on October 1, 2009, unless extended by the city council. The provisions in GHMC 19.10.015(B) shall automatically expire on May 31, 2010, unless extended by the city council.”
19.10.016 Use of reserved capacity.
When a valid development permit is issued for a project possessing a CRC, the CRC shall continue to reserve the capacity unless the development permit lapses or expires without the issuance of a certificate of occupancy. For outside city limits utility extension agreements, capacity shall be reserved as set forth in the agreement between the parties. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.017 Transfer of reserved capacity.
Reserved capacity shall not be sold or transferred to property not included in the legal description provided by the applicant in the application for a CRC. The applicant may, as part of a development permit application, designate the amount of capacity to be allocated to portions of the property, such as lots, blocks, parcels, or tracts included in the application. Capacity may be reassigned or allocated within the boundaries of the original reservation certificate by application to the director. At no time may capacity or any certificate be sold or transferred to another party or entity to real property not described in the original application. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.018 Denial letter.
A. Roads. If the director determines that there is a lack of concurrency under the above provisions, the director shall issue a denial letter, which shall advise the applicant that capacity is not available. If the applicant is not the property owner, the denial letter shall also be sent to the property owner. At a minimum, the denial letter shall identify the application and include the following information:
1. For Roads.
a. An estimate of the level of the deficiency on the transportation facilities; and
b. The options available to the applicant such as the applicant’s agreement to construct the necessary facilities at the applicant’s cost.
2. For Water.
a. The options available to the applicant such as private water supply or other water purveyor services;
b. The options available to the applicant such as the applicant’s agreement to construct the necessary facilities at the applicant’s cost;
c. A statement that if the applicant does not contact the city planning and building department regarding the applicant’s ability to obtain water from another source, the underlying development permit may be denied.
3. For Sewer.
a. The options available to the applicant such as a temporary septic system (for in-city residents), which the applicant would install and agree to remove at his/her own cost when sewer capacity became available (in a development agreement).
4. For All. A statement that the denial letter may be appealed if the appeal is submitted to the city engineer within 10 days after issuance of the denial letter, and that the appeal must conform to the requirements in GHMC 19.06.004.
B. In order to appeal from the issuance of a denial letter, the developer shall appeal the denial letter prior to issuance of the city’s decision on the underlying development application. If an appeal is filed, processing on the underlying development application shall be stayed until the final decision on the appeal. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.019 Notice of concurrency determination.
Notice of the concurrency determination shall be given to the public together with, and in the same manner as, that provided for the SEPA threshold determination for the underlying development permit, unless the project is exempt from SEPA, in which case notice shall be given in the same manner as a final decision on the underlying development permit without any accompanying threshold determination. In the case of an approved CRC, any mitigation identified by the applicant to be provided by the applicant at the applicant’s cost shall be included in the SEPA threshold decision or underlying permit decision (if categorically exempt from SEPA). If a denial letter is not timely appealed, the underlying permit will be processed and in most instances will result in a denial. If a denial letter is appealed, any mitigation or conditions included in the appeal decision shall be included in the SEPA threshold decision or underlying permit decision (if categorically exempt from SEPA). (Ord. 1081 § 4, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
Article VII. Capacity Reservation Certificate (CRC)
19.10.020 Expiration and extensions of time.
A. Expiration. If a certificate of occupancy has not been requested prior to the expiration of the underlying permit or termination of the associated development agreement, the director shall convert the reserved capacity to available capacity for the use of other developments. The act of requesting a certificate of occupancy before expiration of the CRC shall only convert the reserved capacity to used capacity if the building inspector finds that the project actually conforms with applicable codes.
B. Extensions for Road Facilities. The city shall assume that the developer requests an extension of transportation capacity reservation when the developer is requesting a renewal of the underlying development permit. No unused capacity may be carried forward beyond the duration of the transportation CRC or any subsequent extension.
C. Extensions for Water or Sewer. The city shall not extend any water or sewer CRC. If the applicant submits an application for an extension of the underlying permit, the applicant shall submit a new application for a concurrency determination for water or sewer under this chapter.
D. If a CRC has been granted for a rezone or comprehensive plan amendment, the CRC shall expire when the development agreement for the comprehensive plan or rezone terminates. If there is no associated development agreement, the CRC shall expire within five years after the approval anniversary date. (Ord. 1044 § 1, 2006; Ord. 907 § 1, 2002; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
Article VIII. Appeals of Concurrency Determination
19.10.021 Appeals.
Upon receipt of an appeal of the denial letter, the director shall handle the 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.
B. Within 14 days after the meeting, the director 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. If the denial letter is reversed, the director shall identify the mitigation identified by the applicant to be provided by the applicant at the applicant’s cost to be imposed on the application in order to achieve concurrency.
C. The mitigation identified in the appeal decision shall be incorporated into the city’s SEPA threshold decision on the application.
D. The appeal decision shall state that it may be appealed with any appeal of the underlying application or activity, pursuant to GHMC 19.06.004. (Ord. 1081 § 5, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.022 Time limit to bring appeal.
Repealed by Ord. 1044. (Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
Article IX. Concurrency Administration
19.10.023 Purpose and procedure.
The purpose of this part is to describe the process for administering the concurrency ordinance. Capacity accounts will be established to allow capacity to be transferred to various categories in the application process. “Capacity” refers to the ability or availability of water in the city’s water system. With regard to the sewer system, capacity refers to the availability of capacity to treat effluent in the city’s wastewater treatment plant to the levels and volume limits in the city’s NPDES permit. “Capacity” also refers to the ability or availability of road facilities to accommodate users, expressed in an appropriate unit of measure, such as LOS for road facilities. “Available capacity” represents a specific amount of capacity that may be reserved by or committed to future users of the city’s water and or sewer system or road facilities. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.024 Capacity classifications.
A. There are hereby established two capacity accounts for water, transportation and sewer, to be utilized by the director in the implementation of this chapter. These accounts are:
1. The available capacity account; and
2. The reserved capacity account.
B. Capacity is withdrawn from the available capacity account and deposited into a reserved capacity account when a CRC is issued. Once the proposed development is constructed and an occupancy permit is issued, the capacity is considered “used.” Each capacity account of available or reserved capacity will experience withdrawals on a regular basis. Only the director may transfer capacity between accounts. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.025 Annual reporting and monitoring.
A. The director is responsible for completion of annual transportation, water and sewer capacity availability reports. These reports shall evaluate reserved capacity and permitted development activity for the previous 12-month period, and determine existing conditions with regard to available capacity for road, sewer and water facilities. The evaluations shall report on capacity used for the previous period and capacity available for the six-year capital facilities and utilities element of the city’s comprehensive plan, six-year transportation plan, for road facilities, based upon LOS standards and the sewer and water comprehensive plans. Forecasts shall be based on the most recently updated schedule of capital improvements, growth projections, water rights, annual water withdrawal volumes, limits of the NPDES permit, public road facility inventories, and revenue projections and shall, at a minimum, include:
1. A summary of development activity;
2. The status of each capacity account;
3. The six-year transportation plan;
4. Actual capacity of selected street segments and intersections, and current LOS;
5. Recommendations on amendments to CIP and annual budget, to LOS standards, or other amendments to the transportation element of or to the comprehensive plan;
6. Existing water rights and annual withdrawal volumes; and
7. Limits in the city’s NPDES permit and finding of available capacity in the city’s wastewater treatment plant.
B. The findings of the annual capacity availability report shall be considered by the council in preparing the annual update to the capital improvement element, any proposed amendments to the CIP and six-year TIP, and shall be used in the review of development permits and capacity evaluations during the next period.
C. Based upon the analysis included in the annual capacity availability reports, the director shall recommend to the city council each year any necessary amendments to the CIP, TIP, utilities water element of the comprehensive plan, and comprehensive plan. The director shall also report on the status of all capacity accounts when public hearings for comprehensive plan amendments are heard. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.026 Road LOS monitoring and modeling.
A. The city shall monitor level of service standards through an annual update of the six-year transportation plan which will add data reflecting development permits issued and trip allocations reserved.
B. A new trip allocation shall be assigned for each traffic analysis zone, based on the results from the traffic demand model used by the city, to ensure that the city is achieving the adopted LOS standards described in this chapter and the transportation element of the comprehensive plan.
C. Amendments to the trip allocation program that exceed the total aggregate annual trip allocation per zone for any given year shall require an amendment to the comprehensive plan. Monitoring and modeling shall be required and must include anticipated capital improvements, growth projections, and all reserved and available capacity. (Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).
19.10.027 Traffic impact analysis standardized format.
Attached to Ord. 1044 codified in this chapter and incorporated herein is the standardized format required for the developer’s independent traffic impact analysis. The impact analysis may be completed at the time of submittal of the original application or upon denial of a transportation CRC application. (Ord. 1081 § 6, 2007; Ord. 1044 § 2, 2006).
Code reviser’s note: Because Ord. 1044 renumbered GHMC 19.10.010 and 19.10.005 as 19.10.005 and 19.10.006, respectively, GHMC 19.10.006 through 19.10.009 have been editorially renumbered to GHMC 19.10.007 through 19.10.010 to avoid duplication in numbering.