Chapter 14.15
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections:
14.15.010 Authority and purpose.
14.15.020 Concurrency test.
14.15.030 TAM standards.
14.15.040 Update of TAM.
14.15.050 Approved TIA.
14.15.060 Certificate of concurrency.
14.15.070 Fees.
14.15.080 Applicability.
14.15.090 Provision of needed transportation facilities.
14.15.100 Intergovernmental coordination.
14.15.110 Relationship to SEPA.
14.15.010 Authority and purpose.
(1) This chapter is enacted pursuant to the City of Sammamish’s powers as an optional municipal code cidty, and the Growth Management Act, RCW 36.70A.070.
(2) It is the purpose of this chapter to:
(a) Provide adequate levels of service on transportation facilities for existing use as well as new development in the City of Sammamish;
(b) Provide adequate transportation facilities that achieve and maintain City standards for levels of service as provided in the comprehensive plan, as amended; and
(c) Ensure that City level of service standards are achieved “concurrently” with development (as required by the Growth Management Act) by denying approval of development that would cause the level of service on transportation facilities to decline below City standards. Applicants for development may propose mitigation measures that will achieve and maintain the City’s standard for level of service. (Ord. O99-29 § 1)
14.15.020 Concurrency test.
(1) Applications for an approved TIA, and the resulting concurrency test, shall be completed prior to application for development approval.
(2) Applications for an approved TIA shall be submitted to the department of community development in the form prescribed by the department.
(3) The department shall perform a concurrency test for each application for an approved TIA.
(4) The department shall conduct the concurrency test first for the earliest completed application received. Subsequent applicants will be tested in the same order as the department receives completed applications.
(5) The department shall not issue an approved TIA unless there are adequate transportation facilities to meet the level of service standards for existing and approved uses and the impacts of the proposed development.
(6) In conducting the concurrency test, the department shall use standard trip generation rates, such as those reported by the Institute of Transportation Engineers. An applicant may submit as a part of the application for an approved TIA a calculation of alternative trip generation rates for the proposed development. The director shall review the alternate calculations and make a written determination within 10 business days of submittal as to whether such calculation will be used in lieu of the standard trip generation rates. The director shall adjust the trip generation forecast of proposed development to account for allowances determined pursuant to the mitigation payment system’s procedures for transportation strategies, including transportation demand management reductions.
(7) If the level of service is equal to or better than the adopted standards, the concurrency test is passed, and the applicant shall receive an approved TIA.
(8) If the level of service is worse than the adopted standards, the concurrency test is not passed, and the applicant shall select one of the following options:
(a) Accept a 90-day reservation of transportation facilities that are available, and within the same 90-day period amend the application to reduce the need for transportation facilities to the units that are available, or voluntarily arrange for the transportation facilities or strategies needed to achieve concurrency. The 90-day period shall begin no later than 14 days after receipt of the notification of denial. Reduction of the need for transportation facilities may be achieved through one or a combination of the following: reducing the size of the development (so long as minimum density requirements continue to be met); reducing trip generation by the original proposed development; phasing of the development to match future transportation facility construction; providing transportation strategies, when the department determines that such strategies will be reasonably sufficient as to reduce traffic to a level that meets the concurrency standard or threshold; or
(b) Accept the denial of an application for an approved TIA; or
(c) Seek reconsideration of the denial of the application for an approved TIA, pursuant to the provisions of Chapter 14.10 SMC.
(d) Appeal the denial of the application for an approved TIA, pursuant to the provisions of Chapter 14.10 SMC. The City shall reserve any available development units during the appeal. Acceptance of the 90-day period shall not impair the applicant’s future right to a formal appeal at a later time.
(9) The concurrency test shall be performed only for the specific property, uses, densities and intensities based on information provided by the applicant and included in an approved TIA. Changes to the uses, densities, and intensities that create additional impacts on transportation facilities shall be subject to an additional concurrency test. (Ord. O99-29 § 1)
14.15.030 TAM standards.
(1) The following are the transportation adequacy measure (TAM) standards for the City of Sammamish, as adopted in the City’s Interim Comprehensive Plan Policy T-305, provided there are no unfunded critical links affecting the concurrency zone:
|
Transportation Service |
Maximum Averaged V/C Zonal Score |
Average TAM Standard |
|
Transportation Service Area 4 (service planning area) |
0.79 |
C |
The standard in each concurrency zone or part thereof shall be the same as for the transportation service area in which the zone or part is located. In the event that a concurrency zone is affected by one or more unfunded critical links, the concurrency zone shall be considered to fail the standard for the zone.
(2) An approved TIA shall not be issued to any proposed development if the standards in this section are not achieved and maintained for the development as a whole, or the portion of the development inside the City of Sammamish. (Ord. O99-29 § 1)
14.15.040 Update of TAM.
Levels of service shall be monitored and the traffic model for the transportation adequacy measure shall be updated at least once per year. The monitoring and update process shall include traffic volumes, approval of additional development, completion of previously approved development, improvements to transportation facilities, and the effect of transportation strategies. (Ord. O99-29 § 1)
14.15.050 Approved TIA.
(1) An approved TIA shall be issued by the director. Issuance of an approved TIA creates a rebuttable presumption that the proposed development satisfies the concurrency requirements of this chapter. The determination of concurrency shall be final at the time of development approval. The issue of concurrency may be raised as part of the review process for the development application for which the certificate of concurrency was issued.
(2) Upon issuance of an approved TIA, the City shall reserve development units on behalf of the applicant, and indicate the reservation on the approved TIA.
(3) An approved TIA shall be valid for the development permit application period and subsequently for the same period of time as the development approval that is issued pursuant to the approved TIA. If the development approval does not have an expiration date, the approved TIA shall be valid for five years from the date of issuance.
(4) An approved TIA shall be valid for an initial 180-day period and may be extended one time for an additional 180 days by the director; provided, that the holder of the original approved TIA, or the holder’s agent, has, before the time of expiration of the original approved TIA, scheduled a preapplication meeting with the department of community development, has requested such extension in writing to the director and has paid the extension fee. A further 90-day extension of approved TIA by the director shall be made only under extraordinary circumstances, and shall require the receipt of a current certificate of water availability, if required by SMC 20.05.040, Application requirements, and a written request by the applicant to the director.
(5) An approved TIA can be extended to remain in effect for the life of each subsequent development approval for the same parcel, as long as the applicant obtains the subsequent development approval prior to the expiration of the earlier development approval. No development shall be required to hold more than one valid approved TIA, 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.
(6) An approved TIA runs with the land and is valid only for subsequent development approvals for the same parcel, and to new owners of the original parcel for which it was issued. An approved TIA cannot be transferred to a different parcel and shall be limited to uses and intensities for which it was originally issued.
(7) Upon subdivision of a parcel that has obtained an approved TIA, the City may replace the approved TIA by issuing a separate approved TIA to each subdivided parcel, assigning to each a pro rata portion of the development units of the original approved TIA. The director may modify such assignment upon petition of the owner.
(8) An approved TIA shall expire if the underlying development approval expires or is revoked or denied by the City.
(9) All development approvals that voluntarily provide funding for one or more transportation facilities by the development or entities other than the City shall be conditioned to require that prior to the issuance of any final development approval the availability of such transportation facilities or financial arrangements has been confirmed. (Ord. O99-29 § 1)
14.15.060 Certificate of concurrency.
(1) Requirements. Each applicant for a development approval if vested in King County prior to September 1, 1999, shall present a certificate of concurrency. After September 1, 1999, an approved TIA is required instead a certificate of concurrency.
(2) Expiration. A certificate of concurrency shall expire if the development permit for which the concurrency is reserved is not applied for within 180 days of issuance or extension of the certificate of concurrency. A certificate of concurrency shall be required in an application that vested under King County prior to September 1, 1999, for either a formal subdivision plat or short plat under SMC Title 19, and for a commercial building permit. (Ord. O99-29 § 1)
14.15.070 Fees.
(1) The City shall charge an administrative fee for conducting the concurrency test in accordance with SMC 14.10.020(6) and an additional fee for the one-time extension of a valid approved TIA. The concurrency test fee shall not be refundable.
(2) Development by municipal, county, state, and federal governments, and by special districts (as that term is defined by state law) is exempt from the concurrency test fee. (Ord. O99-29 § 1)
14.15.080 Applicability.
Except as set forth in SMC 14.15.070, the provisions and fees of this chapter shall apply to every application for an approved TIA and to every request for the extension of a valid approved TIA. (Ord. O99-29 § 1)
14.15.090 Provision of needed transportation facilities.
(1) The City shall determine that transportation facilities are available to support development at adopted TAM standards within six years of the impacts of such development. The City shall require at the time the approved TIA is issued that:
(a) The necessary facilities and services are in place at the time a development approval is issued; or
(b) The necessary facilities will be complete within six years of development approval:
(i) The necessary facilities are under construction at the time a development approval is issued, and financial commitment is in place to complete the necessary facilities within six years of issuance of development approval; or
(ii) The necessary facilities are the subject of a binding executed contract of development agreement that provides for the actual construction or financial commitment of the required facilities, guarantees that the necessary facilities will be in place within six years of issuance of development approval, and provides that the capital project is included in, or will be added to, the committed network for the transportation adequacy measure, the transportation needs report, and the six-year capital improvements program; or
(iii) The City has in place financial commitments to complete the necessary public facilities or strategies within six years of issuance of development approval; or
(c) Development approvals are issued subject to a binding executed contract or other binding condition that provides that any facilities and strategies necessary to meet concurrency requirements after issuance of development approval will be in place within six years of occupancy and use of the development.
(2) The approved TIA shall be binding on the City at such time as the applicant provides assurances, acceptable to the City in form and amount, to guarantee the applicant’s pro rata share of the cost of capital improvements needed for concurrency as determined by the mitigation payment system, Chapter 14.20 SMC.
(3) The director may make adjustments to the committed network for TAM for corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications that are consistent with the adopted comprehensive plan; or the date of construction (so long as it is completed within the six-year period) of any facility enumerated in the capital improvements program.
(4) The City shall identify projects in the adopted six-year CIP required for the committed network for the transportation adequacy measure and any capital improvements for which a binding agreement has been executed with another party. (Ord. O99-29 § 1)
14.15.100 Intergovernmental coordination.
The City may enter into agreements with other local governments and the state of Washington to coordinate the imposition of TAM standards, impact fees, and other mitigation for transportation concurrency.
(1) The City may apply transportation standards, fees, and mitigations to development in the City that impacts other local governments and the state of Washington. Development approvals by the City may include conditions and mitigations that will be imposed on behalf of, and implemented by, other local governments and the state of Washington.
(2) The City may receive impact fees or other mitigations based on or as a result of development proposed in other jurisdictions that impacts the City. The City may agree to accept and implement conditions and mitigations that are imposed by other jurisdictions on development in its jurisdiction.
(3) No fees or mitigations for transportation facilities of other agencies will be required by the City unless an agreement has been executed between the City and the affected agency. The agreement shall specify the fee schedule and level of service standards to be used by the City and the affected agency, which standards shall be consistent with the City’s interim comprehensive plan and, if different than the standards adopted pursuant to this title, shall be adopted by ordinance. (Ord. O99-29 § 1)
14.15.110 Relationship to SEPA.
A determination of concurrency shall be an administrative action of the City of Sammamish that is categorically exempt from the State Environmental Policy Act. (Ord. O99-29 § 1)