Chapter 17.27
TRANSPORTATION CONCURRENCY

Sections:

17.27.010    Title, authority and purpose.

17.27.020    Definitions.

17.27.030    Level of service standards.

17.27.040    Concurrency test.

17.27.050    Exceptions from the concurrency test.

17.27.060    Finding of concurrency.

17.27.070    Concurrency system.

17.27.080    Monitoring the transportation system.

17.27.090    Intergovernmental coordination.

17.27.100    Appeals.

17.27.010 Title, authority and purpose.

(a)    This chapter shall be known as “Transportation Concurrency.”

(b)    This chapter is enacted pursuant to the city of Connell’s powers as a noncharter code city, Article XI, Section 10 of the Washington State Constitution, RCW Title 35A, the Growth Management Act, Chapter 36.70A RCW generally, and RCW 36.70A.070 specifically.

(c)    It is the purpose of this chapter to:

(1)    Ensure adequate levels of service on transportation facilities for existing land uses as well as new development;

(2)    Provide transportation facilities that achieve and maintain the city’s level of services as established in the comprehensive plan; and

(3)    Ensure that the city’s level of service standards are achieved concurrently with development as required by the GMA. (Ord. 923 § 1 (part), 2012: Ord. 748 § 1, 2002. Formerly 17.87.010).

17.27.020 Definitions.

(a)    “Adequate” means the transportation facilities meet or exceed the city’s adopted standard of service set forth in the city’s comprehensive plan.

(b)    “Capacity” means the maximum number of vehicles that can be accommodated during a specified travel period at a specified level of service. Capacity will be calculated according to the methodology used in the most current highway capacity manual. An alternative methodology may be used only if it is preapproved by the mayor or his/her designee.

(c)    “Completion of development” means the certificate of occupancy, or other approval, issued by the city authorizing occupancy and the use of a development.

(d)    “Concurrency approval” means the official determination by the city that a development permit will not result in the reduction of the level of service standards set forth in the city of Connell comprehensive plan for transportation facilities and services.

(e)    “Concurrency test” means the comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities, in order to assess the impact of the proposed development on the transportation level of service.

(f)    “Concurrent with development” means the improvements or transportation strategies that are in place at the time of development permit issuance, or the financial commitment that is in place to complete the improvements or strategies within six years.

(g)    “Development permit” means any land use permit which must be approved by the city of Connell prior to the development of land.

(h)    “Financial commitment” means revenue sources forecasted to be available and designated for transportation facilities or strategies in the comprehensive plan or in the transportation element of the comprehensive plan, other unanticipated revenue from federal or state grants, or other sources for which the city has received a notice of commitment, and/or revenue that is assured by an applicant in a form approved by the city.

(i)    “Finding of concurrency” means the finding that is a part of the development permit issued by the city indicating that the transportation system has adequate unused or uncommitted capacity, or will have adequate capacity, to accommodate traffic generated by the proposed development, without causing the level of service standards to decline below the adopted standards.

(j)    “Level of service standard” means a measurement of the quality of service provided by a facility, including traffic conditions along a given roadway or at a particular intersection, and of transit service. Roadway and intersection level of service standards are commonly denoted by a letter ranking from “A,” the highest level of service, to “F,” the lowest level of service.

(k)    “Transportation facilities” means arterials and transit routes owned, operated or administered by the state of Washington and its political subdivisions, including the city of Connell.

(l)    “Existing transportation facilities” means those facilities in place at the time a concurrency test is applied.

(m)    “Planned transportation facilities” means those facilities scheduled to be completed no later than the sixth year of the capital facilities plan and/or transportation element in effect at the time the city approves the development.

(n)    “Transportation strategies” means transportation demand management plans, schemes, techniques, programs and methodologies for minimizing transportation facility demand, such as improved transit service, off-peak travel and ride-sharing programs. (Ord. 923 § 1 (part), 2012: Ord. 748 § 2, 2002. Formerly 17.87.020).

17.27.030 Level of service standards.

The city shall recognize those level of service standards for transportation facilities adopted in the Connell comprehensive plan, including joint plans with cities, towns and counties. (Ord. 923 § 1 (part), 2012: Ord. 748 § 3, 2002. Formerly 17.87.030).

17.27.040 Concurrency test.

(a)    Except as provided for in Section 17.27.050(a), the test for concurrency will be conducted as a part of the development permit application.

(b)    The city may conduct an alternative concurrency test for applications identified in Section 17.27.050(b).

(c)    The test for concurrency will be conducted in the order in which the completed development permit applications are received.

(d)    The concurrency test will be performed only for the specific property use(s), residential density(ies), and intensity(ies) of the use(s) described on the development permit application. The applicant shall describe the proposed development in a manner adequate for the city to determine the peak-hour traffic that is likely to be generated by the proposed development. The applicant shall also provide to the city a legal description of the property. Revisions to the proposed development that may create additional impacts on transportation facilities will be required to undergo an additional concurrency test.

(e)    In conducting the concurrency test, the city will use the trip generation rates set forth in the latest edition of the Institute of Transportation Engineers, Information Report—Trip Generation.

(f)    The applicant may submit a calculation of alternative trip generation rates for the proposed development. The city shall review the alternative calculations and indicate in writing whether such calculations are acceptable in lieu of the standard trip generation rates.

(g)    The city may adjust the trip generation forecast of the proposed development in order to account for any transportation strategies proposed by the applicant that are acceptable to the city.

(h)    The city shall not make a finding of concurrency as a part of the issuance of development permit if the proposed development will result in the transportation facilities declining below the adopted level of service standards. If the level of service of the transportation facilities meets or exceeds the adopted level of service, the concurrency test is passed and the city shall make a finding of concurrency. (Ord. 923 § 1 (part), 2012: Ord. 748 § 4, 2002. Formerly 17.87.040).

17.27.050 Exceptions from the concurrency test.

(a)    The following applications for a development permit shall be exempt from the concurrency test:

(1)    Any proposed development that creates no additional impacts on any transportation facility;

(2)    Any project that is a component of another proposed development and that was included in a prior application for a finding of concurrency; and

(3)    Any renewal of a previously issued but unexpired permit.

(b)    The following applications for a development permit must be accompanied by a traffic impact analysis study prepared by the applicant:

(1)    Development that generates twenty-five or more vehicle trips in or out of the development in the peak hour on the adjacent streets or intersections. (Ord. 923 § 1 (part), 2012: Ord. 748 § 5, 2002. Formerly 17.87.050).

17.27.060 Finding of concurrency.

(a)    The city shall make a finding of concurrency for each development permit application that passes the concurrency test.

(b)    The finding of concurrency shall be valid for the same time period as the underlying development permit, including extensions thereof.

(c)    A finding of concurrency shall expire if the underlying development permit expires or is revoked by the city.

(d)    A finding of concurrency accompanying a development permit for a particular parcel of property may be used by the heirs, executors, successors, or assigns of the original applicant.

(e)    All development permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners, heirs, executors, successors, or assigns, and upon the completion of such transportation facilities in a timely manner, prior to the issuance of the certificate of occupancy or prior to occupancy, unless stated otherwise in writing by the city. (Ord. 923 § 1 (part), 2012: Ord. 748 § 6, 2002. Formerly 17.87.060).

17.27.070 Concurrency system.

(a)    The city will provide, or arrange for others to provide, adequate transportation facilities by constructing needed transportation facilities and implementing transportation strategies within the six-year horizon that:

(1)    Eliminate the level of service deficiencies for existing uses;

(2)    Achieve the level of service standards for anticipated future development and redevelopment resulting from previously issued development permits; and

(3)    Maintain existing facilities and repair or replace obsolete or worn out facilities.

The improvements to transportation facilities will be consistent with the Connell comprehensive plan.

(b)    The city will appropriate sufficient funds during the appropriate fiscal year to meet the financial commitment for all the transportation facilities required to meet the level of services, except that the city may omit from its budget any capital improvements for which a binding agreement has been executed with another party. (Ord. 923 § 1 (part), 2012: Ord. 748 § 7, 2002. Formerly 17.87.070).

17.27.080 Monitoring the transportation system.

The city will, on an annual basis, review and update its capital facilities plan and transportation element and identify those facilities necessary to achieve transportation concurrency. (Ord. 923 § 1 (part), 2012: Ord. 748 § 8, 2002. Formerly 17.87.080).

17.27.090 Intergovernmental coordination.

The city may enter into agreements with other local governments, Ben Franklin Transit, and the state of Washington to coordinate the imposition of the level of service standards, the collection of impact fees, and the implementation of transportation strategies.

(1)    The city may apply level of service standards, fees, and other mitigation measures to developments in the city that impact other local governments and the state of Washington. Development permits issued by the city may include conditions and mitigation measures 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 mitigation payments based on or as a result of development proposed in other jurisdictions that impact the city. The city may agree to accept such payments or may coordinate with other jurisdictions to implement the appropriate measures. (Ord. 923 § 1 (part), 2012: Ord. 748 § 9, 2002. Formerly 17.87.090).

17.27.100 Appeals.

Any applicant may appeal the results of the concurrency test to the planning commission based upon the following grounds:

(1)    A technical error;

(2)    The applicant provided alternative data or a mitigation plan that was rejected by the city. (Ord. 923 § 1 (part), 2012: Ord. 748 § 10, 2002. Formerly 17.87.100).