Chapter 20.12
CONCURRENCY
Sections:
20.12.020 Concurrency requirement.
20.12.030 Application for certificate of concurrency.
20.12.040 Exemptions from concurrency test.
20.12.060 Level of service standards.
20.12.070 Certificate of concurrency.
20.12.010 Definitions.
A. “Applicant” means a person who applies to the city for a development permit.
B. “Availability letter” means a letter from a purveyor of water or sewer facilities indicating that the purveyor has sufficient capacity to serve the development proposed by the recipient of the letter.
C. “Certificate of concurrency” means the document issued by the city indicating the location or other description of the property on which the development is proposed, the type of development permit for which the certificate is issued, the uses, densities, and intensities of the development approved for the property, and the public facilities that are available and reserved for the property described in the certificate.
D. “Commercial development” means the development of an establishment involving an activity with goods, merchandise, or services for sale or involving a rental fee.
E. “Concurrency” means adequate public facilities that meet the level of service standard are or will be available no later than the impact of development.
F. “Concurrency test” means a comparison of an applicant’s impact on public facilities to the capacity of public facilities that are, or will be, available no later than the impacts of development.
G. “Concurrency test deferral affidavit” means a document signed by an applicant which defers the application for a certificate of concurrency and the concurrency test, acknowledges that future rights to develop the property are subject to the deferred concurrency test, and acknowledges that no vested rights concerning concurrency have been granted by the city or acquired by the applicant without such a test.
H. “Development” means improvements or changes in use designed or intended to permit a use of land which will contain more dwelling units or buildings than the existing use of the land, or to otherwise change the use of the land, buildings or improvements on the land in a manner that increases the impact on public facilities, and that requires a development permit from the city. Development includes redevelopment, remodeling, or refurbishment that increases the impact on public facilities.
I. “Development permit” means any order, permit or other official action of the city granting, or granting with conditions, an application for development, including specifically:
1. Redesignation in the comprehensive plan;
2. Rezone;
3. Planned action, as that term is defined in RCW 43.21C.030(2);
4. Subdivision, including preliminary plat, short plat, or binding site plan, or mobile home park;
5. Master site plan;
6. Building permit;
7. Grading permit;
8. Certificate of occupancy for a change in use which increases the demand for public facilities; and
9. Connection of existing development to city facilities.
J. “Dwelling unit” means a single unit providing complete and independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation needs.
K. “GFC” means general facilities charges which the city collects for water, sewer and stormwater, the purpose of which is to pay for a portion or all of the capital cost of public facilities.
L. “Impact fees” means impact fees charged by the city pursuant to RCW 82.02.050 et seq., the purpose of which is to pay for a portion or all of the capital cost of public facilities.
M. “Level of service standard” means the number of units of capacity per unit of demand, or similar objective measure of the extent or degree of service provided by a public facility.
N. “Public facilities” for the purpose of concurrency means roads and streets, sewer, stormwater, and water.
O. “Reserve” means to note in the city’s concurrency records in a manner that assigns the capacity or other measure of public facilities to the applicant and prevents the same capacity or other measure being assigned to any other applicant.
P. “Set aside” means a portion of the capacity of public facilities that is reserved by the city for certificates of concurrency for commercial development, special projects and small projects.
Q. “Small projects” for the purpose of concurrency means a single development project of four or fewer dwelling units within a single structure.
R. “Vested” means having the right to develop or continue development notwithstanding the concurrency test because of vested rights relating to a building permit application pursuant to RCW 19.27.095, or an application to subdivide land pursuant to RCW 58.17.033, or under the terms of a development agreement pursuant to RCW 36.70B.180. (Ord. 1683 § 1, 2019: Ord. 1667 § 1, 2018: Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.020 Concurrency requirement.
The city shall not issue a development permit until:
A. A concurrency test has been conducted and a certificate of concurrency has been issued; or
B. The applicant has executed a concurrency test deferral affidavit; or
C. The applicant has been determined to be exempt from the concurrency test as provided in NBMC 20.12.040(A). (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.030 Application for certificate of concurrency.
A. Each applicant for a redesignation in the comprehensive plan or rezone, except as provided in NBMC 20.12.040(A), shall elect one of the following options:
1. Apply for a certificate of concurrency; or
2. Execute a concurrency test deferral affidavit.
B. Each applicant for a planned action, subdivision, including a preliminary plat, short plat, binding site plan, or mobile home park, or a master site plan, shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with a comprehensive plan amendment or rezone, or except as provided in NBMC 20.12.040(A).
C. Each applicant for a building permit, grading permit, or certificate of occupancy for a change in use shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with subsection A or B of this section, or except as provided in NBMC 20.12.040(A).
D. Applicants for a redesignation in the comprehensive plan, rezone, planned action, subdivision, including a preliminary plat, short plat, building site plan, or mobile home park, or master site plan, may designate the density and intensity of development to be tested for concurrency, provided such density and intensity shall not exceed the maximum allowed for the parcel. If the applicant designates the density and intensity of development, the concurrency test will be based on, and applicable to, only the applicant’s designated density and intensity. If the applicant does not designate density and intensity, the concurrency test will be based on the maximum allowable density and intensity. (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.040 Exemptions from concurrency test.
A. The following developments are exempt from this chapter, and applicants may submit applications, obtain development permits and commence development without a certificate of concurrency:
1. Any development permit for development that creates no additional impacts on any public facility, including, but not limited to:
a. Cellular towers;
b. Demolitions;
c. Clearing permit;
d. Lot line adjustment;
e. Mechanical permit;
f. Plumbing permit;
g. Reroofing;
h. Right-of-way use;
i. Street improvements, including new streets constructed by the city of North Bend; or
j. Utility facilities which do not include provisions for human occupancy, such as pump stations, transmission or collection systems, and reservoirs.
2. Any development permit for development that creates insignificant and/or temporary additional impacts on any public facility, including, but not limited to:
a. Additions, remodels, renovations, or replacement structures that do not cause a change in use, do not create more than one additional dwelling unit on a lot existing on September 1, 2003, for purposes of transportation concurrency only, and do not exceed 100 square feet of additional nonresidential building area not otherwise exempt in this section;
b. Home occupations that do not generate any additional facility demand for water, sewer, roads or storm;
c. Residential accessory structures or uses;
d. Special event permits;
e. Street use permits;
f. Street vacations;
g. Temporary structures not exceeding a total of 30 days unless associated with a permitted development currently under construction; or
h. For purposes of transportation concurrency only, construction of not more than one dwelling unit on a residentially zoned lot in existence on September 1, 2003.
3. Expansions that were disclosed by the applicant and subject to a concurrency test as part of the original application (i.e., phased development); provided, that capacity was reserved for the expansion.
4. Any building permit issued to development that is vested to receive a building permit.
B. In order to monitor the cumulative effect of exemptions from the concurrency test on the capacity of public facilities, the city shall enter in its records the impacts of exempt development permits on public facilities in the same manner as though a concurrency test had been performed for the exempt development permits. (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.050 Concurrency test.
A. The city shall perform a concurrency test for each application for a certificate of concurrency, except as provided in NBMC 20.12.040. For each applicant requiring concurrency per NBMC 20.12.030, the city will not process applications for a certificate of concurrency until such time as the potential applicant has applied for an underlying development permit (if applicable) and the city is in receipt of all information necessary to perform the relevant concurrency analysis. Should an applicant who has previously applied for concurrency fail to apply for an underlying development permit within 90 days of submittal of the concurrency application, the concurrency application will become void and the applicant will need to submit a new application for concurrency after those 90 days. The public works director, or his/her designee, shall determine which of the following methods shall be used to conduct the concurrency test for each type of public facility:
1. If capacity has been established for the year then the public works director shall use the annual certification to determine that the capacity of public facilities is sufficient to maintain the city’s level of service standard for development that is estimated to occur during the following year; or
2. Case-by-case review of the application compared to the capacity of the public facility.
B. The city may enter into an agreement with each public or private entity that provides public facilities in the city to establish the responsibilities of the city and the provider of public facilities in providing data for, or conducting, a concurrency test.
C. If the capacity of available public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact of the development, the concurrency test is passed, and the applicant shall receive a certificate of concurrency. If the level of service standard is determined by means other than the capacity of public facilities, the concurrency test is passed if the impact of the development will not cause the level of service to decline below the standard set forth in NBMC 20.12.060.
D. In conducting the concurrency test, the city shall determine that public facilities that are needed to achieve the level of service standards are available if:
1. The public facilities have already been constructed; or
2. The public facilities are included in the capital facilities plan element of the city’s comprehensive plan (or comparable plan adopted by the governing board of other providers of public facilities) and planned to be constructed on or before the impact of development occurs as determined by NBMC 20.12.060(C); and
3. The public facilities needed to achieve the level of service standard and planned for construction are underwritten by one or more of the following financial commitments specific to the additional public facility:
a. Grants from federal, state or private sources if the grant has been awarded for specific projects;
b. Appropriations in state biennial budget for specific projects;
c. Revenues that can be imposed or expended at the discretion of the city of North Bend, including, but not limited to, impact fees, general facilities charges, SEPA mitigation payments, property taxes, real estate excise taxes, user fees, charges, intergovernmental entitlements, and bonds;
d. Revenue from special assessment districts created by the city;
e. Irrevocable commitments from developers in a form acceptable to the city:
i. Performance or surety bonds from Washington financial institutions;
ii. Letters of credit from Washington financial institutions; or
iii. Assignments of assets in Washington (i.e., interests in real property, savings certificates, bank accounts, or negotiable securities);
f. Payments by special districts, including sewer, water, and schools, if such payments are similar in character and reliability to those listed in subsections (D)(3)(a) through (e) of this section; and
4. If the financial commitments that underwrite the planned public facilities include impact fees, the applicant has paid all impact fees when due under the applicable provisions of the North Bend Municipal Code and the taxes, rates and fees schedule adopted by ordinance for the proposed development.
E. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, or the impact of the development will cause the level of service to decline below the standard set forth in NBMC 20.12.060, the concurrency test is not passed, and the applicant may select one of the following options:
1. Accept a 90-day encumbrance of public facilities that are available, and within the same 90-day period amend the application to reduce the need for public facilities to not exceed the capacity that is available, or arrange to provide for public facilities that are not otherwise available; or
2. Reapply for a certificate of concurrency following the denial of an application for a certificate of concurrency; or
3. Appeal the denial of the application for a certificate of concurrency, pursuant to the provisions of NBMC 20.12.090.
F. The city shall conduct the concurrency test first for the earliest complete concurrency application received. The city will issue concurrency simultaneously for all facilities for which concurrency is required and for which the city issues concurrency. The city will not issue separate concurrency certifications for separate facilities (i.e., water, sewer, transportation, etc.). A complete concurrency application shall consist of the completed concurrency application form and supporting information as submitted for the transportation and utilities elements of the SEPA checklist. If a checklist is not required for the proposal, the supporting information shall consist of relevant transportation and utilities information as would be submitted if a SEPA checklist were required. Subsequent applications will be tested in the same order as the city receives applications and determines them complete. A complete application ready for final disposition may move ahead of another complete application that preceded it if:
1. The later application has been in line at least 180 calendar days; and
2. The earlier applicant has received notice by the city to complete the process within 14 calendar days or lose his/her place in line.
G. Repealed by Ord. 1802.
H. The city shall condition all development permits requiring one or more public facilities provided by entities other than the city on the availability of the public facilities to be provided by those other entities. The city may enter into an agreement with each public or private entity that provides public facilities in the city to establish the responsibilities of the city and the provider of public facilities in providing data for, or conducting, a concurrency test.
I. A concurrency test, and any resulting certificate of concurrency, shall be administrative actions of the city that are categorically exempt from the State Environmental Policy Act. (Ord. 1802 § 1, 2023; Ord. 1683 § 2, 2019: Ord. 1667 § 2, 2018: Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.060 Level of service standards.
A. In conducting the concurrency test, the city shall use the following level of service standards for public facilities:
1. Roads and streets (city of North Bend): level of service “D.”
2. Sewer.
a. Waste Water Treatment Plant. Monthly maximum carbonaceous biochemical oxygen demand (five-day) of influent in pounds/day;
b. Pump Station. Criteria for Sewage Works Design, Washington State Department of Ecology, 1992;
c. Conveyance. Criteria for Sewage Works Design, Washington State Department of Ecology, 1992.
3. Water.
a. Water Supply. Water rights certificates and/or permits issued by Washington State Department of Ecology;
b. Conveyance. Group A Public Water System Waterworks Standards, Washington State Department of Health, 1999, and Recommended Standards for Water Works, 1992 (“Ten State Standards”);
c. Storage. Waterworks Standards, Washington State Department of Health, 1996.
4. Stormwater.
a. Surface Water Design Manual, King County, Washington, except that off-site system capacity shall be analyzed and sized for conveying the 25-year peak flow runoff from contributing areas for the quarter-mile downstream reach from the developing site.
B. In conducting the concurrency test, the city shall apply the level of service standards for each public facility according to the following geographical areas:
1. Citywide:
a. Sewage treatment;
b. Water supply; and
c. Roads and streets.
2. Service areas to be determined by the city on a case-by-case basis based on the characteristics of the proposed development and its impact on the following:
a. Sewer conveyance;
b. Stormwater basins; and
c. Water conveyance.
C. In conducting the concurrency test, the city shall find that the impact of development occurs, and therefore the level of service standards for each public facility shall be achieved and maintained, no later than the following time periods:
1. At the time of occupancy and use of the development:
a. Sewer;
b. Stormwater; and
c. Water.
2. Within six years of occupancy and use of the development, or each phase of a development:
a. Roads and streets.
D. In the event that a water, sewer, or storm public facility provided by the applicant is not completed in accordance with the time limits in subsection C of this section, the development cannot be occupied or used. If other facilities to be provided by the city or other public service provider are not complete, the development can be occupied and used. (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.070 Certificate of concurrency.
A. A certificate of concurrency shall be issued by the public works director or his/her designee, no later than the issuance of the permit for the underlying development action.
B. Upon issuance of a certificate of concurrency, the city shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of concurrency.
C. A certificate of concurrency issued for a project with an underlying development permit shall be valid for the same period of time as the development permit with which it was issued. A certificate of concurrency shall not be issued in the absence of an underlying development permit application. Concurrency certificates shall expire one year in time from the date of issuance unless extended by approval of an active underlying development permit prior to the end of the one-year period of validity. If the underlying development permit expires, the related concurrency certificate shall become void. In the event the underlying development permit is denied, the concurrency certificate shall become null and void.
D. A certificate of concurrency may not be extended according to the same terms and conditions as the underlying development permit. If a development permit is granted an extension, the applicant shall submit a new application for a concurrency test and certificate under this chapter. Certificates of concurrency shall not be extended beyond the expiration of the underlying development permit, or any extensions thereof.
E. A certificate of concurrency is valid only for the uses and intensities authorized for the development permit with which it is issued. Any change in use or intensity that increases the impact of development on public facilities is subject to an additional concurrency test of the incremental increase in impact on public facilities.
F. A certificate of concurrency is valid only for the development permit with which it is issued.
G. A certificate of concurrency runs with the land, and cannot be transferred to a different parcel. A certificate of concurrency transfers automatically with ownership of the parcel for which the certificate was issued. Upon final subdivision of a parcel that has obtained a certificate of concurrency, the city shall replace the certificate of concurrency by issuing a separate certificate of concurrency to each subdivided parcel, assigning to each a pro rata portion of the public facility capacity or other measure that was reserved for the original certificate.
H. A certificate of concurrency shall expire if the underlying development permit expires or is revoked or denied by the city and the certificate has not been extended to a subsequent development permit for the same parcel.
I. A certificate of concurrency for water supply or sewage treatment, which has been issued to a property that is eligible to transfer development rights under the city of North Bend transfer of development rights (TDR) program, may transfer valid certificates for water supply or sewage treatment with the transferred property development rights, provided the transferred certificates for water supply or sewage treatment must be applied to a new development on the TDR receiving site within five years or returned to the city for refund or the certificates shall be void. (Ord. 1683 § 3, 2019: Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.080 Fees.
A. The city shall charge each applicant a concurrency test fee in an amount to be established by ordinance by the city council. The concurrency test fee shall not be refundable.
B. The city shall charge a processing fee to any individual that requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The processing fee shall be nonrefundable and nonassignable to concurrency tests. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection A of this section.
C. The applicant shall pay any impact fees, general facilities charges, and/or SEPA mitigation payments when required by the then-applicable provisions of the North Bend Municipal Code and the taxes, rates and fees schedule adopted by ordinance. (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).
20.12.090 Appeals.
A. An applicant may appeal a denial of a certificate of concurrency on the following grounds:
1. A technical or mathematical error;
2. The applicant provided alternative data that was rejected by the city; or
3. Unwarranted delay in review of the application that allowed capacity to be given to another applicant.
B. Appeal of denial of a certificate of concurrency shall be to the hearing examiner in accordance with procedures in Chapter 2.20 NBMC. The decision of the hearing examiner shall be final unless appealed to superior court within 21 days of the written notice of the hearing examiner’s decision in accordance with procedures in Chapter 20.06 NBMC. (Ord. 1352 § 1 Exh. A (part), 2009: Ord. 1331 § 1 (part), 2008: Ord. 1196 § 1 (part), 2003).