Chapter 12.06


Article I. General Provisions

12.06.010    Purpose.

12.06.020    Intent.

Article II. Definitions

12.06.030    Definitions.

Article III. Applicability and Standards

12.06.040    Applicability.

12.06.050    Exemptions.

12.06.060    Level of service standards.

Article IV. Transportation Concurrency Management Review

12.06.070    Transportation concurrency management process.

12.06.080    Transportation concurrency management appeals.

Article V. Transportation Concurrency Certification

12.06.090    Certificate of transportation concurrency.

Article VI. Monitoring

12.06.100    Monitoring transportation concurrency.

Article VII. General Administration

12.06.110    Fees.

12.06.120    Other authority.

12.06.130    Severability.

Article I. General Provisions

12.06.010 Purpose.

The purpose of this chapter is to describe the requirements and procedures for determining the consistency of proposed development projects with the transportation element of the Port Townsend Comprehensive Plan, including meeting the transportation concurrency management provisions of the comprehensive plan. (Ord. 2879 § 6.2, 2005).

12.06.020 Intent.

This chapter implements RCW 36.70A.070 which requires that cities establish level of service standards and ensure that level of service standards are met or that funding of adequate improvements or efforts to reduce the demand for the facilities or services is assured before new development is approved. The city-owned facilities covered by this section include roads, highways and transportation facilities. (Ord. 2879 § 6.2, 2005).

Article II. Definitions

12.06.030 Definitions.

The definitions for administering transportation concurrency management are codified within PTMC 12.04.030, “Definitions,” of Chapter 12.04 PTMC, “Transportation and Rights-of-Way Improvement Standards.” (Ord. 2879 § 6.2, 2005).

Article III. Applicability and Standards

12.06.040 Applicability.

This chapter applies to applications for development permits that will create 20 or more new peak hour trips on any city-owned roadway/highway segment (i.e., excluding SR 20) or intersection. (Ord. 2879 § 6.2, 2005).

12.06.050 Exemptions.

The following developments are exempt from the requirements of this chapter:

A. In existing buildings, tenant improvements which do not increase the off-street parking requirement.

B. Development that is vested prior to the effective date of the ordinance codified in this chapter is exempt for the development approval for which vested status is achieved. (Ord. 2879 § 6.2, 2005).

12.06.060 Level of service standards.

A. The level of service standards for roads and transportation facilities shall be measured in terms of the peak hour volume to capacity ratios (V/C), averaged over the screenline segments. For roadway screenlines connecting to the SR 20 corridor, the average V/C shall be no more than ____ [RESERVED]; for roadway screenlines on all other roadways, the average V/C shall be no more than ____ [RESERVED]. The city does not provide concurrency management for SR 20. Level of service for the SR 20 is established by the Washington State Department of Transportation.

B. The level of service standards for intersections shall be measured in terms of the number of signal cycles or elapsed time. Individual movements at each signalized intersection shall not exceed an average of _____ [RESERVED] cycle lengths or _____ [RESERVED] seconds of delay (whichever is less). Individual movements at unsignalized intersections shall not exceed an average of _____ [RESERVED] seconds of delay. (Ord. 2879 § 6.2, 2005).

Article IV. Transportation Concurrency Management Review

12.06.070 Transportation concurrency management process.

A. The department of public works will administer the transportation concurrency management system.

B. A transportation concurrency review and determination shall be required for the issuance of any permit for developments that create 20 or more new peak hour trips on any roadway/highway screenline segment, except as provided by the exceptions.

C. If a development requires more than one development permit, the transportation concurrency determination shall occur prior to the issuance of the first development permit.

D. A transportation concurrency determination shall be required for a change in use or modification to an existing building or site if the new use or modification in combination with the existing use generates impacts as identified in subsection B of this section. For purposes of this chapter, a change in use or modification to an existing building will be subject to a transportation concurrency determination for the new increase in demand for the new facilities only. A transportation concurrency determination for a new increase in demand for facilities or services will be performed at the time a complete application for the new demand is received by the city.

E. No reservation of transportation capacity will be approved for a change in use which is otherwise not permitted pursuant to the city’s zoning code and official zoning map.

F. A transportation concurrency determination shall be valid as long as the development permit to which it applies is valid, and any change to the proposed development does not change the impact, as measured by the level of service; provided, that if the development has not received a building permit, and the development permit does not have an expiration date, then the concurrency determination will be valid for five years from the approval date of the development permit.

G. The impacts of new development will be measured in terms of the transportation capacity removed or added to the level of service standards defined in PTMC 12.06.060 and adopted in the Port Townsend Comprehensive Plan.

H. Any development subject to transportation concurrency review shall be granted concurrency approval, if, pursuant to this chapter, an adequate level of service will exist after the development’s transportation facility impacts are added to: (1) the sum of existing transportation facility usage, and (2) the cumulative impacts of all other development in the city for which development approval or transportation concurrency approval has been granted but which have not been built or occupied, and (3) the cumulative demand for new transportation facilities due to developments outside of the city’s boundaries. The capacity of the city’s transportation facilities for use in determining transportation concurrency shall include the planned capacity of the transportation projects in the capital facilities and utilities and transportation elements of the comprehensive plan and other adopted facility plans which are reasonably funded.

I. If transportation concurrency approval is granted, the city shall reserve the capacity required for the development at the time of the concurrency determination. This capacity shall not be returned to the system unless and until the application is, for whatever reason, denied, rejected, invalidated or abandoned; or the city determines that the reservation of capacity to be rescinded under the provisions of PTMC 12.06.090 (certificate of transportation concurrency). Reservation of capacity will only be granted if the development is determined by the city to have a complete application.

J. If the transportation concurrency determination results in a finding that the impacts of the proposed development will cause the city’s overall transportation facilities to fall below the adopted standards, the application for concurrency approval shall not be granted; provided, that the applicant may accept a single 90-day reservation of available capacity, and within the same 90-day period, amend the application so that one or more of the following conditions are met and made conditions of approval:

1. Mitigating measures needed to meet the level of service standards are identified in an impact study (e.g., approved traffic study), and the project development provides the financial commitment to guarantee the funding of the approved mitigating measures and the anticipated completion date of construction of the mitigating measures. For city-owned roads and transportation facilities, the completion of construction shall not be more than six years from the date of the development permit approval.

2. The applicant reduces the traffic impacts to achieve an acceptable level of service by a reduction of the size or intensity of land uses, delay for the committed facility construction, or phasing the development to match future facility construction.

3. The applicant reduces the impacts to achieve an acceptable level of service by scaling the project down, by reducing the demand for new facilities or by providing ways to utilize facilities that are not at capacity.

The city shall provide a written statement of the reason for denying an application under this section. (Ord. 2879 § 6.2, 2005).

12.06.080 Transportation concurrency management appeals.

Any decision to approve, condition or deny a development proposal based on the requirements of this chapter may be appealed according to the appeal procedure for the permit or approval involved in accordance with Chapter 20.01 PTMC and other regulations which may apply. The city shall reserve any available capacity required by a development during an appeal. (Ord. 2879 § 6.2, 2005).

Article V. Transportation Concurrency Certification

12.06.090 Certificate of transportation concurrency.

A. A certificate of transportation concurrency shall be issued by the director for each application that is granted concurrency approval under this chapter.

B. Certificates of transportation concurrency shall be issued in the order of their review and approval. The purpose of this section is to enable applicants who are ready for approval to receive a certificate of transportation concurrency, even if their application was submitted after an earlier applicant. It is the city’s intent to treat applications on a “first-come, first-served” basis, but to use this section to avoid delays in approval of development caused by applicants who are unable to complete the review process due to their own action (or inaction).

C. Upon issuance of a certificate of transportation concurrency, the director shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of transportation concurrency.

D. A certificate of transportation concurrency shall be valid for the same period of time as the development permit; provided, that concurrency must be achieved no later than six years from the issuance of the development permit.

E. No development shall be required to obtain more than one certificate of transportation concurrency, 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.

F. A certificate of transportation concurrency is valid only for a specified parcel on which the development will be built, and is valid only for subsequent development permits on the same parcel, and the new owners of the original parcel for which it was issued. A certificate of transportation concurrency cannot be transferred to a different parcel, and shall be limited to the uses, densities, and intensities for which it was originally issued.

G. Upon subdivision of a parcel that has obtained a certificate of transportation concurrency, the director shall replace the certificate of concurrency by issuing a separate certificate of transportation concurrency to each subdivided parcel, assigning to each a pro rata portion of the concurrency capacity rights of the original certificate. The director may modify such assignment upon petition of the owner, or may reject such petition. Any change of use of such subdivided parcels shall require a new determination of transportation concurrency.

H. A certificate of transportation concurrency shall expire if the underlying development permit is revoked by the director.

I. All development permits that require one or more transportation facilities to be provided shall condition the issuance of the permit, and any subsequent permit for the same development, on a financial commitment by the applicant, binding on subsequent owners, for the completion of such transportation facilities. (Ord. 2879 § 6.2, 2005).

Article VI. Monitoring

12.06.100 Monitoring transportation concurrency.

The city shall monitor the cumulative impacts of new development by taking traffic counts annually on selected city-owned roads. Monitoring will be documented through the annual capacity statement. The annual capacity statement will include any transportation capacity allocated to development which is determined to be exempt under PTMC 12.06.050. (Ord. 2879 § 6.2, 2005).

Article VII. General Administration

12.06.110 Fees.

The city shall charge a processing fee as set forth by council resolution to any individual or entity that requests a transportation concurrency determination. The processing fee shall be nonrefundable and nonassignable to any other fees. All such concurrency processing fees are to be paid in full upon application for concurrency determination. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2879 § 6.2, 2005).

12.06.120 Other authority.

Nothing in this chapter is intended to limit the city’s authority under the State Environmental Policy Act or any other source. (Ord. 2879 § 6.2, 2005).

12.06.130 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2879 § 6.2, 2005).