Chapter 14.11
WATER CONCURRENCY
Sections:
14.11.025 Duration of water concurrency certificates.
14.11.030 Concurrency determination.
14.11.040 Water concurrency certificate.
14.11.010 Definitions.
The following definitions and those set forth in AHMC 14.01.020 apply to this chapter:
A. “Applicant” means a person or entity who has submitted a development or a building permit application and has applied for a water concurrency certificate to obtain water service pursuant to AHMC 13.04.020.
B. “Available capacity” shall mean the difference between the calculated existing use and the system capacity.
C. “City” means the City of Airway Heights.
D. “Concurrency determination” means the Department’s analysis of an applicant’s impact on the City water system facilities by comparing the demand requirements and the system capacity.
E. “Demand requirements” means the Department’s estimated impact on the volume, pressure, and other quantitative requirements the Department may include in its assessment of an application for a water concurrency certificate for a specific development.
F. “Department” means the City’s Public Works Department.
G. “Development” has the same meaning as defined in AHMC 14.01.020.
H. “Director” means the Director of the Department, or the Director’s designee.
I. “Dwelling unit” has the same meaning as defined in AHMC 17.04.040.
J. “Existing use” means the cumulative volume, pressure, and other quantitative demands of all existing uses of the City’s water system facilities, which shall include the estimated impact of water concurrency certificates issued but not yet actively drawing water from the City’s water system facilities.
K. “Good cause” means the applicant/developer has exercised and can demonstrate due diligence to develop and construct the project for which the water concurrency certificate was issued, which includes: obtaining required development permits from governmental authorities; engaging contractors to construct improvements within a defined schedule in accordance with applicable conditions, permits, ordinances, laws, standards, rules and regulations; proof of adequate financing to fund the constructed improvements and such other justification(s) to explain the project delay including changed conditions or unexpected circumstances that have delayed construction/installation of improvements set forth in the applicable permit(s) for the development/building permit(s) or use.
L. “Person” means an individual, a limited liability company, a corporation, a partnership, a joint venture, or other entity that is authorized to do business in the state of Washington and the City.
M. “System capacity” means the quantitative capacity of the City’s water system facilities to provide adequate water volume, pressure, and other quantitative requirements the Department may choose to evaluate in providing public water resources.
N. “Water concurrency certificate” means the document issued by the Department for a specific development, which shall indicate: (1) the specific development application the water concurrency certificate is being sought for; (2) the demand capacity for the specific development application; (3) any conditions the water concurrency certificate is subject to; and (4) the expiration date of the water concurrency certificate.
Where appropriate in interpreting this chapter, the singular shall include the plural and vice versa. (Ord. C-1116 § 2, 2026; Ord. C-1075 § 1, 2025; Ord. C-1047 § 1, 2024; Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 2, 2022)
14.11.020 Purpose.
This chapter is intended to set forth the procedure and process to determine whether system capacity can provide adequate water supply to a proposed development in light of the existing use. This process identifies how the Department determines whether adequate capacity is or is not available to accommodate a development or new use. (Ord. C-1116 § 3, 2026; Ord. C-1075 § 1, 2025; Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-984 § 1, 2022; Ord. C-982 § 3, 2022)
14.11.025 Duration of water concurrency certificates.
A water concurrency certificate is valid from its date of issuance through the expiration date printed on the certificate, which shall be determined and may be extended as set forth in this section:
A. Residential Single-Family. For purposes of this chapter, a “residential single-family development” shall mean a development for one dwelling unit, and shall include “attached accessory dwelling unit,” “detached accessory dwelling unit,” “dwelling, single-family detached,” and “dwelling, townhouse unit” as defined in AHMC 17.04.040. An applicant for a residential single-family development shall obtain a water concurrency certificate that is valid for a 12-month period from the date of issue. Subject to subsection (I) of this section, the Department may grant one six-month extension of the water concurrency certificate.
No applicant for residential single-family development shall be issued more than 25 building permits within the six-month period commencing on January 1st through June 30th of each year; and no such applicant shall be issued more than 25 building permits within the six-month period commencing on July 1st through December 31st of each year. Applications seeking more than 25 building permits during the applicable six-month period shall be denied or withdrawn. Applicants are encouraged to plan for development in appropriate phases in order to comply with these provisions.
B. Missing Middle. For purposes of this chapter, a “missing middle” development shall mean a development for two to four dwelling units that are “dwelling, middle housing,” “dwelling cottage housing,” “dwelling, courtyard apartments,” “dwelling, duplex,” “dwelling, fourplex,” and “dwelling, stacked flat,” as defined in AHMC 17.04.040. For a missing middle development of two to four dwelling units, an applicant must obtain a water concurrency certificate that is valid for a 12-month period from the date of issue. Subject to subsection (I) of this section, the Department may grant one six-month extension of the water concurrency certificate.
No applicant for a missing middle development shall be issued building permits for more than 25 dwelling units within the six-month period commencing on January 1st through June 30th of each year; and no such applicant shall be issued building permits for more than 25 dwelling units within the six-month period commencing on July 1st through December 31st of each year. Applications seeking more than 25 dwelling units during the applicable six-month period shall be denied or withdrawn. Applicants are encouraged to plan for development in appropriate phases in order to comply with these provisions.
C. Multiple-Family.
1. For purposes of this chapter, a “multiple-family development” shall mean a development with four or more dwelling units and with the characteristics of “dwelling, multiple-family” development set forth in AHMC 17.04.040. For a multiple-family development of four to 50 dwelling units, an applicant shall obtain a water concurrency certificate that is valid for a 12-month period from the date of issue. Subject to subsection (I) of this section, the Department may grant one six-month extension of the water concurrency certificate.
2. For multiple-family development which exceeds 50 dwelling units, the following provisions shall also apply to the concurrency determination. In considering whether to issue such a water concurrency certificate, the Department shall consider: system capacity, currently available or as planned; the demand requirements; the criteria as determined by the Director through the written policy approved by the City Council (as referenced in AHMC 14.11.030(C)); such other factors as the Department may deem relevant to the preservation of water resources and development of property; and applicable laws. The Department may issue the water concurrency certificate without conditions, grant the water concurrency certificate subject to conditions including deferral of construction until additional water resources are available or upon the agreement of the applicant to mitigate impacts, deny the water concurrency certificate subject to resubmission when additional water resources are available, or deny the water concurrency certificate with prejudice.
If a water concurrency certificate is granted for multifamily development that exceeds 50 units, a water concurrency certificate is valid for a 12-month period from the date of issue subject to subsection (I) of this section; the Department may grant one six-month extension of the water concurrency certificate. A subsequent water concurrency certificate on the same parcel shall not be awarded to the same applicant until such time as the water connection and service from the City public water system is approved by the City.
Applicants are encouraged to plan for development in appropriate phases in order to comply with these provisions.
D. Nonresidential Development.
1. For commercial, industrial, institutional, irrigation and other nonresidential uses an applicant may obtain a water concurrency certificate that is valid for a 12-month period from the date of issuance for up to 20 equivalent residential units (ERUs) based upon the City’s estimate of demand requirements of the development application. Subject to subsection (I) of this section, the Department may grant one six-month extension of the water concurrency certificate.
2. For a development application for commercial, industrial, institutional, irrigation or other nonresidential uses that exceeds 20 equivalent residential units (ERUs) based upon the City’s estimate of the demand requirements of the development application, the following provisions shall also apply to the concurrency determination:
a. In considering whether to issue such a water concurrency certificate, the Department shall consider: system capacity, currently available or as planned; the demand requirements; the criteria as determined by the Director through the written policy approved by the City Council (as referenced in AHMC 14.11.030(C)); such other factors as the Department may deem relevant to the preservation of water resources and development of property; and applicable laws.
b. The Department may issue the water concurrency certificate without conditions, grant the water concurrency certificate subject to conditions including deferral of construction until additional water resources are available or upon the agreement of the applicant to mitigate impacts, deny the water concurrency certificate subject to resubmission when additional water resources are available, or deny the water concurrency certificate with prejudice.
E. Related Applicants. Related or affiliated applicants shall be deemed the same applicant for the purposes of this section. Thus, for purposes of this section, “applicant” shall include any corporation, limited liability company, partnership, joint venture or any other entity authorized to do business in the state of Washington and the City under common ownership or common control as any other applicant. “Common ownership” shall mean any applicant in which one or more of the owners are the same person (as such term is defined above) as the owners of another applicant. “Common control” shall mean any applicant which is under the same managerial control as another applicant. The purpose of this subsection is to ensure that the limitations on the number of building permits issued and water concurrency certificates issued are not frustrated by transfers of property to related or affiliated applicants, and shall be interpreted consistent with this purpose.
F. Temporary Reservation. Pursuant to AHMC 14.11.030(C)(2), the Director may issue a 90-day certificate reserving system capacity in excess of existing use but less than the demand requirements. Any temporary reservation issued thereunder shall be considered part of the existing use until its expiration, modification, or a water concurrency certificate is issued to the applicant for the same development application.
G. Preliminary Plats. Pursuant to RCW 58.17.110, the City is required to make written findings that appropriate provisions are made for potable water supplies to support the public health, safety, and general welfare to ensure the public use and interest are served by the subdivision. In the event the City is unable to make a concurrency determination as provided in this chapter based upon the existing system capacity, “appropriate provisions” may include, but are not limited to:
1. A schedule for obtaining potable water;
2. An allocation of potable water for a number of lots within the preliminary plat;
3. A future allocation of potable water;
4. Conditions placed on the preliminary plat providing that an application for water concurrency certificates must be submitted together with a complete building permit application; or
5. Other reasonable conditions that support the subdivision and the health and welfare of the City, its residents, and visitors; provided, that any such “appropriate provision” is expressly written in and calculated as part of the system capacity or demand requirements when the Director makes a concurrency determination. Lots within a final plat may obtain a water concurrency certificate as set forth herein with a complete application for one or more individual building permits.
H. The conditions set forth in subsection (G) of this section apply to binding site plans, short plats, and unit lot subdivisions as set forth in Chapter 58.17 RCW.
I. Extension Periods. To receive an extension of a water concurrency certificate, an applicant shall, not less than 10 business days after the expiration date stated on the original water concurrency certificate, provide to the Department sufficient evidence for an extension to be granted. Extensions may be granted only in the Department’s sole discretion. Upon the Department’s determination that good cause exists, it shall cause an amended water concurrency certificate to be issued, which shall state on its face the original expiration date and the new expiration date as extended under this section. (Ord. C-1116 § 4, 2026)
14.11.030 Concurrency determination.
A. Application.
1. All development applications are subject to a concurrency determination except those exempted in AHMC 14.11.040.
2. To save potential costs and provide information regarding applicable requirements, the City encourages informal communication regarding the requirements of this chapter. Applicants are encouraged to contact applicable City staff prior to submitting any development application(s). Upon the request of the applicant, the Director may make a preliminary, nonbinding concurrency determination. The purpose of the preliminary, nonbinding concurrency determination is to discuss and analyze all applicable requirements of any proposed development, including but not limited to available capacity, demand requirements, existing use, and system capacity. In addition, the Director may, in exercise of his or her discretion, provide a preliminary, nonbinding concurrency determination within 15 business days after receipt of a development application to advise the applicant regarding applicable requirements of any proposed development, including but not limited to available capacity, demand requirements, existing use, and system capacity.
B. Procedures.
1. The concurrency determination will be made during the processing of a development application.
2. The City’s Planning Department or Building Department shall:
a. Coordinate the concurrency determination by notifying the Department and service providers of all development applications (and applications for building permits which are processed and coordinated in a manner consistent with this chapter); and
b. Shall not approve any development applications without a water concurrency certificate or a determination issued by the Department indicating the Development application is exempt as provided in this chapter.
3. The Department shall report to the Planning and Building Department system capacity of the water system at the end of each calendar year, or more regularly if requested by the Planning Department and Building Department.
4. The Department shall develop an administrative system for the purpose of managing, monitoring, allocating, and determining all disputes associated with the allocation of water concurrency certificates set forth in this chapter.
C. Determination. The allocation of public water shall be subject to the provisions of this chapter. In the absence of other applicable restrictions, the allocation of public water will be based upon the available capacity and other criteria as determined by the Director through written policy approved by the City Council. The available capacity (not yet allocated by operation of applications under this chapter) will be used in the concurrency determination.
1. If the system capacity is equal to or greater than the existing use plus the demand requirement, the concurrency determination is satisfied, and a water concurrency certificate will be issued according to the provisions of this chapter.
2. If the concurrency determination finds the existing use plus the demand requirement exceeds the system capacity, the applicant may accept a 90-day reservation of the available capacity and:
a. Modify the development application to reduce the demand requirements, and submit documentation which demonstrates to the Director’s satisfaction that the demand requirements are within or equal to the available capacity;
b. Repealed by Ord. C-1116;
c. Arrange for the provision of the additional water capacity; or
d. Appeal the results of the concurrency determination to the Hearing Examiner in accordance with the provisions of this chapter. The 90-day temporary reservation period is tolled from the date an appeal is filed until the date the Hearing Examiner signs his written opinion. (Ord. C-1116 § 5, 2026; Ord. C-1075 § 1, 2025; Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-984 § 2, 2022; Ord. C-982 § 4, 2022)
14.11.040 Water concurrency certificate.
A. Issuance. A water concurrency certificate shall be issued at the same time the development permit is issued following payment of fee(s) and/or performance of any condition(s) required by the City.
1. A water concurrency certificate shall apply only to the specific land uses, densities, intensities and development projects on the property as described in the development application.
2. A water concurrency certificate is not transferable to other property, but may be transferred to a new owner of the same property.
B. Duration of Certificate. A water concurrency certificate shall expire if the accompanying development permit expires or is revoked. A water concurrency certificate is valid for a 12-month duration from the date of issuance. For reasons beyond the control of an applicant, a water concurrency certificate may be extended for one six-month term. In no case will the water concurrency certificate be valid for more than 18 months from the original date of issue. If the applicant requests an extension to the development permit, the water concurrency certificate shall automatically extend for the same term so long as the term of the extension does not exceed more than 18 months from the date of the original issue of the water concurrency certificate.
C. Unused Capacity. Any water capacity that is not used for any reason shall be returned to the City and become available capacity.
D. No Impact. Development permits for buildings and improvements which create no additional impact on the system capacity are exempt from the requirements of this chapter. Such development includes, but is not limited to:
1. Any addition to a residence or accessory structure with no change in use or increase in the number of dwelling units;
2. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
3. Replacement structure with no change in use or increase in number of dwelling units; and
4. Other uses determined by the Director.
E. Exempt Permits. The following development permits are exempt from the requirements of this chapter:
1. Boundary line adjustment;
2. Final plats;
3. Temporary use permit;
4. Variance; and
5. Waiver.
F. Interior Renovations. Interior renovations that do not add additional dwelling units are exempt from the requirements of this chapter. (Ord. C-1116 § 6, 2026; Ord. C-1075 § 1, 2025; Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 5, 2022)
14.11.050 Appeals.
A. Procedures. The applicant may appeal the results of the concurrency determination to the Hearing Examiner. The applicant must file a notice of appeal with the Department within 15 business days of the notification of the Director issuing the concurrency determination. The notice of appeal must specify the claim being appealed, supporting evidence and other relevant information, and be timely submitted on forms authorized by the Department. Each appeal shall be accompanied by a fee, as set forth by resolution of the City Council. Upon filing of such appeal, the Department shall notify the other relevant agencies by providing the notice of appeal (and attachments).
B. Hearing Scheduling and Notification. The hearing scheduling and notification shall be as set forth in AHMC 14.01.200.
C. Record. The Department and appropriate service provider(s) shall transmit to the Hearing Examiner all papers, calculations, plans and other materials relating to the concurrency test at least 10 days prior to the scheduled hearing date.
D. Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the concurrency determination was either clearly erroneous, not based upon substantial evidence or contrary to law.
E. Hearing and Decision. The Hearing Examiner shall conduct the hearing and render the decision in accordance with the provisions of AHMC 14.01.200. (Ord. C-1116 § 7, 2026; Ord. C-1075 § 1, 2025; Ord. C-1001 § 1, 2023; Ord. C-988 § 1, 2022; Ord. C-982 § 6, 2022)