Chapter 19.04
CONCURRENCY MANAGEMENT
Sections:
19.04.040 Certificate of capacity.
19.04.010 Intent.
The intent of this chapter is:
A. To establish a management system to ensure that facilities and services needed to maintain a minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development, occupancy, or use of newly developed building lots, as required by the State Growth Management Act, Chapter 36.70B RCW. Concurrency facilities and services are defined as arterial streets, power, water, sanitary sewer, schools, solid waste, storm water management, fireflow, fire/EMS/law enforcement and parks.
B. To require a concurrency system test for those applications to the city for an increase in the number of building lots, or a significant increase in the intensity of land use. This is not intended to require a concurrency management system test for the construction of a single-family home or duplex, or accessory structures in keeping with residential neighborhoods.
C. To further the goals and policies of the Soap Lake comprehensive plan. (Ord. 928 § 1, 2000).
19.04.020 Definitions.
A. “Adequate” means at or above the level of service standards specified in the current adopted comprehensive plan.
B. “Applicant” means a person or entity who has applied for a development permit.
C. “Available capacity” means capacity for a concurrency facility that currently exists for use without requiring facility construction, expansion, or modification.
D. “Certificate of capacity” means a document issued by the building official indicating the quantity of capacity for each concurrency facility that has been reserved for a specific development project on a specific property. The document may have conditions and an expiration date associated with it.
E. “Concurrency facilities” means facilities for which concurrency is required in accordance with the provisions of this chapter to include: arterial streets, water, sanitary sewer, schools, solid waste, storm water management, fire flow, fire/EMS/law enforcement and parks.
F. “Concurrency test” means the comparison of an applicant’s impact on concurrency facilities to the capacity, including available and planned capacity, to the concurrency facilities.
G. “Development permit” means a land use or building permit.
H. “Facility and service provider” means the department, district, or agency responsible for providing the specific concurrency facility. Examples include, but are not limited to: city of Soap Lake, Soap Lake School District and Grant County Transit.
I. “Level of service standard” means the level of service standard specified in the currently adopted comprehensive plan.
J. “Planned capacity” means capacity for a concurrency facility that does not exist, but for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and scheduled to be completed within six years.
K. “Planned capacity transportation facilities” means capacity for transportation facilities, including arterial streets and transit, that does not exist, but for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and financial commitment is in place to complete the improvements within six years. (Ord. 928 § 2, 2000).
19.04.030 Concurrency test.
A. Application. All preliminary and final development permit applications are subject to a concurrency test except those exempted in SLMC 19.04.050. A complete concurrency test application includes: a preliminary or final development permit application that includes all information required by the Soap Lake Municipal Code for that permit; any fees for the preliminary or final development permit application and a concurrency test fee as set forth in the Soap Lake fee schedule; and a State Environmental Policy Act (SEPA) determination if the permit proposal requires an analysis as set forth in the SLMC Title 18.
B. Procedures. The concurrency test will be performed in the processing of the development permit and conducted by the city building/zoning official or other official designated by the mayor, in conjunction with the facility and service providers.
1. The designated official shall provide the overall coordination of the concurrency test by notifying the facility and service providers of all applications requiring a concurrency test as set forth in subsection A of this section; notifying the facility and service providers of all exempted applications which use capacity as set forth in SLMC 19.04.050; notifying applicants of the test results; notifying the facility and service providers of the final outcome (approval or denial) of the development permit; and notifying the facility and service providers of any expired development permits or discontinued certificates of capacity.
2. Facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity by conducting the concurrency test, for their individual facility or service, for all applications requiring a concurrency test as set forth in subsection A of this section; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity as set forth in SLMC 19.04.050; notifying the designated official of the results of the test; and reinstating any unused capacity as set forth in SLMC 19.04.040.
3. Facility and service providers shall be responsible for annually reporting the total, available and planned capacity of their facility as of the end of each calendar year to the city of Soap Lake.
C. Test. Development applications that would result in a reduction of a level of service below the minimum level of service standard cannot be approved. For water, power, sanitary sewer, solid waste, fireflow and storm water management only available capacity will be used in conducting the concurrency test. For arterial roads, transit, fire/EMS/law enforcement, schools and parks, available and planned capacity will be used in conducting the concurrency test. The test shall be completed by the city within 30 days of receipt of a complete application as set forth in subsection A of this section.
1. If the capacity of concurrency facilities is equal to or greater than capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of SLMC 19.04.040.
2. If the capacity of concurrency facilities is less than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is not passed. The applicant may:
a. Accept a 90-day reservation of concurrency facilities that exist and modify the application to reduce the need for concurrency facilities that do not exist;
b. Accept a 90-day reservation of concurrency facilities that exist and demonstrate to the city’s satisfaction that the proposed development will have a lower need for capacity than usual and, therefore, capacity is adequate;
c. Accept a 90-day reservation of concurrency facilities that exist and arrange with the appropriate facility and service provider for the provision of the additional capacity of concurrency facilities required; or
d. Appeal the results of the concurrency test to the city council in accordance with the provisions of SLMC Title 18.
D. Concurrency Inquiry Application. An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. A fee as set forth in Soap Lake fee schedule may be charged for such concurrency test. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in SLMC 19.04.040. (Ord. 928 § 3, 2000).
19.04.040 Certificate of capacity.
A. Issuance. A certificate of capacity shall be issued at the same time the development permit is issued and upon payment of any fee and/or performance of any condition required by a facility and service provider as a part of the technical review.
B. Applicability. A certificate of capacity shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit.
C. Transferability. A certificate of capacity is not transferable to other property, but may be transferred to new owners of the original property.
D. Life Span of Certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, the extension shall also apply to the certificate of capacity. If the accompanying development permit does not expire or lapse, the certificate shall be valid for three years from the issuance of the certificate.
E. Unused Capacity. Any capacity that is not used because the developer decides not to develop or the accompanying development permit expires or lapses shall be returned to the pool of available capacity. (Ord. 928 § 4, 2000).
19.04.050 Exemptions.
A. No Impact. Development permits for development which creates no additional impacts on any concurrency facility are exempt from the requirements of this chapter. Such development includes, but is not limited to:
1. Any addition or accessory structure to a residence, public facility, or business with no change or increase in use or increase in the number of dwelling units;
2. Interior or exterior renovations of structures with no change or increase in the number of dwelling units;
3. Interior or exterior renovations or modifications of structures for a use with the same or less intensity as the existing use;
4. Replacement structure with no change or increase in use or increase in number of dwelling units;
5. Temporary structures;
6. Driveway, resurfacing or parking lot paving;
7. Landscaping, lighting, or fencing;
8. Signs;
9. Demolitions;
10. Conditional use permits which do not allow an increase in use or number of new dwelling units above the intensity of use or number of dwelling units allowed by the existing zoning of the property;
11. Variances which do not allow an increase in use or number of new dwelling units above the intensity of use or number of dwelling units allowed by the existing zoning of the property.
B. Exempt Permits. The following development permits are exempt from the requirement of this chapter:
1. Lot line adjustment;
2. Final plat;
3. Administrative waiver;
4. Permits for construction of single-family homes, duplexes, and accessory dwelling units, as defined in SLMC Title 17; and
5. Permits for developments that had complete applications submitted before the effective date of the ordinance codified in this chapter. (Ord. 928 § 5, 2000).
19.04.060 Appeals.
A. Basis of Appeal. The applicant may appeal the results of the concurrency test based on three grounds:
1. A technical error;
2. The applicant provided alternative data or a mitigation plan that was rejected by the facility or service provider;
3. Unwarranted delay in review that allowed capacity to be given to another applicant.
B. Procedures. Appeals will be processed in accordance with Chapter 18.24 SLMC, Appeals. (Ord. 928 § 6, 2000).
19.04.070 Review.
The city council shall review the concurrency management system annually as a part of its evaluation of the city comprehensive plan and planning needs review. (Ord. 928 § 7, 2000).