Chapter 14.04


14.04.010    Purpose.

14.04.020    Definitions.

14.04.030    Exemptions.

14.04.040    Concurrency required.

14.04.050    Available capacity for concurrency.

14.04.060    Review of development proposals – Concurrency testing process.

14.04.070    Issuance of concurrency certificate.

14.04.080    Time limit on concurrency certificate.

14.04.090    Reservation of availability capacity results of concurrency test.

14.04.100    Mitigation.

14.04.110    Relationship to SEPA.

14.04.120    Existing safety deficiencies.

14.04.130    Fees.

14.04.140    Appeals.

14.04.150    Authority.

14.04.010 Purpose.

It is the purpose of this chapter to:

A.    Provide adequate levels of service on transportation facilities for existing uses as well as for new development in the city of Poulsbo;

B.    Provide adequate transportation facilities that achieve and maintain the levels of service adopted by the Poulsbo comprehensive plan, as amended; and

C.    Ensure that the city’s level of service standards are achieved concurrently with development as required by RCW 36.70A.070(6) and the Growth Management Act. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.020 Definitions.

“Adequate transportation facilities” means transportation facilities that have the capacity to serve development without decreasing levels of service below the city’s adopted minimum standards.

“Available capacity” is the existing plus reserved trips subtracted from the Poulsbo trip generation. The available capacity is used to generate the trip capacity balance sheet.

“Available transportation facilities” means transportation facilities or services are in place or that a financial commitment is in place to provide the facilities or services within six years from the time of development.

“Average daily traffic” means the amount, in vehicle trips per day, accommodated on a specific city roadway.

“Average daily trips” means the number of trips generated by a proposed project.

“Background traffic” means the volume of nonproject related traffic that is projected to occur on the street system as of the anticipated date of occupancy of any development.

“Capacity” means the number of vehicles that may pass over a section of a transportation facility in a given time period under the prevailing roadway or intersection conditions. The calculation of capacity for any given transportation facility will be done according to the most recent edition of the Highway Capacity Manual (HCM) or by alternative methods approved by the city engineer.

“Certificate of concurrency” means a written document prepared by the city engineer stating that a particular development meets the concurrency requirements of this chapter.

“Concurrency or concurrent with the development” means adequate transportation facilities or strategies needed to maintain the city’s adopted level of service standards on any roadway or at any intersection are available when the impacts of development occur, or that a financial commitment is in place to complete the facilities or strategies within six years. This definition includes the two concepts of “adequate transportation facilities” and “available transportation facilities” as defined above.

“Concurrency test” means the determination of a proposed development’s impact on transportation facilities by a comparison of the level of service (LOS) of the affected roadways and intersections after testing for the impact of the proposed development, to the level of service standard, as adopted by the city’s comprehensive plan for those roadways or intersections.

“Concurrency trip capacity balance sheet” means the document created and maintained by the city to record the available capacity, reservations of capacity, and the balance of the available capacity that has been adjusted to reflect reserved trips.

Development. For purposes of this chapter, “development” means any construction or expansion of any building, structure or use, or any change in the use of any building, structure or land, where the construction, expansion, or change will result in additional vehicle traffic on the transportation facilities within the city.

“Development approval” means any authorization issued by the city that approves any development, including, but not limited to, preliminary plat approval, site plan approval, planned residential development, planned mixed use development, conditional use permit approval, and building permit approval.

“Development permit” means any written authorization of the city that authorizes commencement of development.

“Financial commitment” means a source of public or private funds or combinations thereof have been identified which will be sufficient to finance transportation facilities necessary to support development and that there is reasonable assurance that such funds will be timely put to that end.

“Fully funded transportation improvement” means a project in the most recently adopted transportation capital improvement program for the city that has sufficient revenues secured as a financial commitment for construction within six years. Unsecured revenues include those from unformed local improvement districts, insufficient developer contributions, or revenues not yet committed for expenditure by outside agencies.

“Level of service (LOS)” means a measure that describes the operational condition of the transportation system and acceptable adequacy requirements. Poulsbo’s transportation levels of service are set forth in the transportation element of the Poulsbo comprehensive plan and consist of six alphabetical categories corresponding to various volume-to-capacity ratios. Transportation facilities to which the level of service standard applies include both intersections and roadways, and different methods of calculating level of service apply to each type of facility.

Poulsbo Trip Generation. The “Poulsbo trip generation” is the number of citywide trips in the most current transportation functional plan and included as an appendix to the Poulsbo comprehensive plan. It is based on existing baseline traffic, projected growth and development and is the basis for transportation planning.

Reserve or Reservation. “Reserving trips” means tracking the number of trips for a proposal or development and setting them aside on the city’s trip balance sheet which prevents the same capacity from being assigned to any other applicant. Reserved trips expire with the project expiration.

“Transportation capital facilities” means capital facilities related to streets and roads.

“Transportation strategies or transportation demand strategies (TDM)” means strategies aimed at changing travel behavior rather than expanding the committed road network to meet travel demand. Such strategies may include, but are not limited to, the promotion of work hour changes, narrowing roadways, parking policies, telecommuting, deployment of stop signs, and providing pedestrian bulb-outs. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.030 Exemptions.

A.    The provisions of this chapter shall apply to all development applications filed after its effective date except those that are exempt under this section.

B.    The uses listed below are exempt from the concurrency requirements of this chapter:

1.    Currently approved but not yet built unexpired development approvals or permits.

2.    Any building permit for development that creates no additional impacts, insignificant and/or temporary additional impacts on any transportation facility, including but not limited to:

a.    Any addition or accessory structure to a residence with no change in use or increase in number of dwelling units, including an accessory dwelling unit;

b.    Interior renovations with no change in use or increase in the number of dwelling units;

c.    Home businesses that do not generate any additional demand for transportation facilities;

d.    Interior completion of a structure for use(s) with the same or less intensity as the existing use;

e.    Replacement structures with no change in use or increase in the number of dwelling units;

f.    Temporary construction trailers;

g.    Demolitions or moving of a structure;

h.    Special events permit;

i.    Temporary structures not exceeding one year.

3.    Miscellaneous improvements that do not generate increased trips.

4.    Single-family homes part of a larger plat which already passed concurrency.

5.    Developments with final approval prior to the date of adoption of the ordinance codified in this chapter. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.040 Concurrency required.

In order to be approved, all development that is subject to this chapter shall be required to meet concurrency. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.050 Available capacity for concurrency.

A.    The city shall determine the available capacity for concurrency as of the effective date of the ordinance codified in this section and record it in the concurrency trip capacity balance sheet. The available capacity shall be based on the difference between the existing plus reserved trips and the Poulsbo trip generation established in the transportation element of the Poulsbo comprehensive plan.

B.    The city shall update the available capacity in the concurrency trip capacity balance sheet within twelve months of any of the events listed below:

1.    Update or amendment of the city’s transportation element as it relates to concurrency management.

2.    Citywide traffic volume increases by thirty percent compared to traffic volume at the time of the concurrency trip capacity balance sheet was created, or was updated with new data from traffic model.

3.    More than fifty percent of the available capacity in the most recent calculation of available capacity has been reserved as a result of concurrency tests conducted by the city.

C.    If none of the events listed in subsection B of this section occurs within seven years of the most recent calculation of the available capacity, the city will update the available capacity recorded in the concurrency trip capacity balance sheet.

D.    Each update of available capacity in the concurrency trip capacity balance sheet shall carry forward the reservations of capacity for any permits for development that has not been completed prior to the update of available capacity. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.060 Review of development proposals – Concurrency testing process.

A.    All proposed developments that are subject to the provisions of this chapter shall be reviewed for concurrency as part of the development review process. The process for review is outlined in Figure 14.04.060 below.

1.    Projects, developments, and/or permits generating less than three hundred average daily trips shall need to submit the project concurrency application. This application will verify sufficient trips remain in the city’s trip balance sheet.

2.    Projects, developments, and/or permits generating more than three hundred average daily trips shall need to submit the project concurrency application as well as a traffic impact analysis investigating impacts to streets and intersections at the p.m. peak and total average daily traffic. This test must meet the provisions of Section 14.04.070. The traffic impact analysis should look for areas which fall below the LOS standards set forth in the transportation element of the Poulsbo comprehensive plan.

3.    The city engineer, or his/her designee, retains authority to require a project of any size to submit a traffic impact analysis.

B.    Concurrency testing shall be performed only for the specific property, uses, densities, and intensities based on information provided by the applicant. When an applicant changes the uses, densities, or intensities associated with an application in such a way as to create additional impacts on the city’s transportation facilities, a new concurrency test will be required.

C.    In the event that the city uses an outside consultant to conduct the concurrency test, the applicant shall be required to pay all consultant fees and costs incurred in connection with such testing. The applicant shall sign an agreement in a form approved by the city and shall deposit an amount estimated by the city engineer to be sufficient to defray the consultant fees and costs prior to the conduct of any concurrency test. Failure to sign the required agreement and to make the required deposit within the time required by the city engineer shall result in the application losing its priority in the first-come, first-served system of concurrency testing and the application shall be placed back in line as of the date of receipt of the signed agreement and fees.

D.    In conducting the concurrency test, standard trip generation rates, such as those reported by the Institute of Transportation Engineers (ITE) Trip Generation Manual, latest edition, shall be used; or other data sources prepared by a professional engineer and allowed by the city engineer.

Figure 14.04.060 Concurrency Evaluation Flow Chart

(Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.070 Issuance of concurrency certificate.

A.    A concurrency certificate shall be granted if there are sufficient trips remaining in the city’s trip balance sheet and the requirements of subsection B of this section are met.

B.    A concurrency certificate shall be granted if the results of the concurrency test show that the volume of traffic resulting from the development proposal, when added to the background traffic volumes on all affected city roadways and at all affected city intersections:

1.    Would not cause the level of service on any city roadway or city intersection to degrade below the LOS standard described in the transportation element of the Poulsbo comprehensive plan; or

2.    Where existing facilities already have adopted LOS F as identified in the transportation element of the Poulsbo comprehensive plan and mitigated as required by Section 14.04.100(B); or

3.    Where new trips cause a level of service decrease to a failing level of service in a location which is identified on the six-year CIP, and the applicant demonstrates the six-year CIP will mitigate the impacts; or

4.    Where new trips cause a level of service decrease in a location which is not identified on the six-year CIP but the applicant constructs necessary improvements to correct LOS deficiency prior to final plat recording or certificate of occupancy, whichever occurs first.

C.    If no acceptable mitigation is proposed or agreed to as required by this section, or if the LOS cannot be preserved or protected from further degradation, the concurrency certificate shall not be issued. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.080 Time limit on concurrency certificate.

A concurrency certificate shall also expire automatically if a development application for which a certificate has been issued expires or is withdrawn, or if a development permit to which a certificate pertains is revoked. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.090 Reservation of availability capacity results of concurrency test.

A.    Upon passing a concurrency test, the city shall reserve capacity on behalf of the approved project or permit.

B.    A reservation of available capacity shall be in accordance with Section 14.04.080.

C.    A reservation of available capacity is valid only for the uses and intensities authorized for the issued development permit. Any change in use or intensity is subject to an additional concurrency test of the possible impact on transportation facilities.

D.    A reservation of available capacity is nontransferable to another parcel of land or development approval or permit. A reservation of available capacity may be transferred to a subsequent purchaser of the land for the same use and intensities. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.100 Mitigation.

A.    If required, the applicant, or applicant’s traffic engineer, shall propose a mitigation measure for review. City retains the right to have third party peer review the mitigation measures. Applicant shall submit financial deposits if required by the city. The city shall:

1.    Approve mitigation measures as set forth by applicant.

2.    Approve mitigation measures with conditions.

3.    Deny mitigation measures.

B.    Roadway segments and intersections with adopted LOS F in the transportation element of the Poulsbo comprehensive plan may require mitigation measures which address impacts associated with adoption of the LOS F standard, but do not necessarily add capacity. Mitigation measures may include transportation demand management (TDM) or transportation system management (TSM) actions or projects such as:

1.    Transit and nonmotorized facilities.

2.    Signal timing optimization.

3.    Other measures which encourage shifts from single occupancy vehicles. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.110 Relationship to SEPA.

This chapter establishes minimum requirements for all proposals to meet the concurrency requirements of the Growth Management Act. Nothing in this chapter is intended to exempt any development proposal from the application of the State Environmental Policy Act (SEPA). Every development that is subject to SEPA review shall be reviewed and may be conditioned or denied under the authority of that Act notwithstanding the provisions of this chapter. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.120 Existing safety deficiencies.

The city reserves the right to require safety-related improvements in addition to any requirements within this chapter. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.130 Fees.

A.    The city shall charge each applicant for a permit that is not exempt from this section a concurrency test fee in an amount to be established by resolution by the city council.

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 amount of the processing fee shall be the same as the test fee authorized by subsection A of this section.

C.    The fees authorized in subsections A and B of this section shall not be refundable, shall not be waived, and shall not be credited against any other fee. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.140 Appeals.

A concurrency determination is a Type 1 decision. Any person aggrieved by the city engineer’s issuance or denial of a certificate of concurrency under this chapter may appeal the same as provided in Title 19. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)

14.04.150 Authority.

The city engineer, or his/her designee, shall be responsible for implementing and enforcing the concurrency requirements of this chapter. The city engineer is authorized to adopt guidelines for the administration of concurrency, which may include the adoption of procedural rules to clarify or implement the provisions of this chapter. (Ord. 2016-08 § 2 (Exh. A) (part), 2016)