Chapter 22.20
CONCURRENCY MANAGEMENT

Sections:

22.20.010    General.

22.20.020    Purpose.

22.20.030    Definitions.

22.20.040    Level of service standards.

22.20.050    Concurrency test.

22.20.060    Reserved capacity and volumes.

22.20.070    Exemptions.

22.20.080    Administrative reconsideration and appeals.

22.20.010 General.

The city of University Place is required by Chapter 36.70A RCW to ensure that applicable public improvements to accommodate the impacts of development are made concurrent with the development. This chapter implements the goals and policies of the capital facilities plan element of the University Place comprehensive plan.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.020 Purpose.

To establish a concurrency management system that ensures adequate facilities for transportation, stormwater, sanitary sewer, and water are available simultaneously with, or within a reasonable time after, occupancy or use of any new development within the city.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.030 Definitions.

“Applicant” means a person or entity that has applied for a development permit.

“Concurrency test” means an evaluation of the transportation, stormwater, sanitary sewer, and water facilities impacts of a proposed development and a determination whether the proposed development will cause any of those facilities to drop below the city’s adopted minimum level of service standards.

“Development” means any manmade change to improved or unimproved real estate including, but not limited to, buildings or structures, placement of manufactured homes/mobile homes, mining, dredging, clearing, filling, grading, stockpiling, paving, excavation, drilling or the subdivision of property.

“Development permit” means a land use, site development, or building permit, or other permit issued by the city authorizing the improvement or development of property.

“Director” means the city of University Place community development director or duly authorized representative.

“Level of service” means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need.

“Transportation level of service standard” means a measure which describes the operational condition of the transportation network. The transportation level of service standard may be expressed in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility and safety.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.040 Level of service standards.

A. Incorporated by reference are the level of service standards identified in the capital facilities element of the city’s comprehensive plan.

B. Meeting Level of Service Standards.

1. The transportation level of service standard will be considered met if the proposal for development fully conforms to Chapter 13.20 UPMC.

2. The storm drainage level of service standard will be considered met if the proposal for development fully conforms to Chapter 13.25 UPMC.

3. The water level of service standard will be considered met if the city determines that there is sufficient capacity in the water utility provider’s water system to fully serve the development.

4. The sanitary sewer level of service standard will be considered met if the city determines that there is sufficient transmission and treatment capacity in the sewer utility provider’s sanitary sewer system to fully serve the development or if the Tacoma-Pierce County health department has approved a septic system to serve the development.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.050 Concurrency test.

A. Procedures. The need for a concurrency test is triggered by an application for any of the development permits identified in subsection (B) of this section. The concurrency test shall be performed prior to the issuance of the triggering development permit. The applicant is responsible to provide documentation sufficient for the director to accurately perform the evaluation. UPMC Title 13 identifies the documentation requirements for transportation and stormwater facilities. For water facilities, required documentation may be of a certificate of availability from Tacoma Public Utilities. For sewer facilities, required documentation may be a copy of the sewer permit application filed with Pierce County Utilities or other sewer utility provider, or a copy of the sewer permit issued by Pierce County Utilities or other sewer utility provider, or a septic system approval from the Tacoma-Pierce County health department.

B. Triggers for Concurrency Test.

1. A concurrency test for transportation facilities is triggered by any development permit that requires a Transportation Impact Analysis (TIA) as identified in UPMC Title 13 or required by SEPA.

2. A concurrency test for stormwater facilities is triggered by any development permit that requires a drainage analysis.

3. A concurrency test for water and sewer facilities is triggered by any building permit application for structures intended for human occupancy.

C. Evaluation.

1. Permits cannot be issued for any development that does not meet the concurrency test.

2. If the evaluation shows that the facility will operate at or above the level of service standard following the completion of the development, concurrency is met.

3. If the concurrency evaluation shows that the facility will operate below the level of service standard following the completion of the development, concurrency is not met. If concurrency is not met, the applicant may:

a. Modify the application to reduce the impacts of the development such that the facility will operate at or above the level of service standard following the completion of the development;

b. Improve the facility such that it will operate at or above the level of service standard following the completion of the development;

c. Upon approval of the director, contribute to a programmed and funded capital project that will result in the facility operating at or above the level of service standard following the completion of the development, provided that the impacts of the development will not result in a safety hazard; or

d. Postpone development until the facility is improved by another entity such that the facility will operate at or above the level of service standard following the completion of the development.

D. Certification.

1. Upon completion of the concurrency evaluation, the director will issue a determination of concurrency. Separate determinations of concurrency may be issued for each facility. If concurrency is met, the determination of concurrency will set forth the conditions and duration of the concurrency certification. The determination of concurrency and concurrency certification will be processed with the associated permit.

2. For transportation concurrency, conditions shall include those set forth in an approved TIA. The duration of the transportation concurrency certification shall be for two years unless otherwise provided by law. An extension may be granted by the director upon the issuance of subsequent site development or building permits. The duration of the extension shall be for the term of the subsequent permit.

3. For stormwater concurrency, conditions shall include those conditions set forth in the site development permit and approved storm drainage report. The duration of stormwater concurrency certification shall be for the term of the triggering development permit.

4. For water concurrency, the duration of water concurrency certification shall be for the term of the triggering development permit.

5. For sewer concurrency, the duration of the sewer concurrency certification shall be for the term of the triggering development permit.

6. A certificate of concurrency shall be revoked if the applicant fails to comply with any of the conditions of certification.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.060 Reserved capacity and volumes.

A. Transportation. The traffic volumes identified for a proposed development will be assigned to the street network at the time of concurrency certification. These traffic volumes will be assumed to be a part of the street network for the period of time set forth in the concurrency certification. Once assigned to the street network, a subsequent development proposal must incorporate these traffic volumes into any traffic analysis. Information regarding previously assigned traffic volumes can be obtained from the director.

B. Stormwater. The surface water design standards adopted by the city require all stormwater designs to demonstrate that there will be no significant effect on any downstream stormwater systems. Reserved capacity is not applicable to a stormwater concurrency certification.

C. Sewer and Water. Capacity shall be reserved by the utilities as identified in any sewer permit or water availability determinations of the utility providers.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.070 Exemptions.

Development permits for development that creates no measurable additional impacts on any facility are exempt from the requirements of this chapter.

(Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).

22.20.080 Administrative reconsideration and appeals.

A. The applicant may request a reconsideration of the determination of concurrency within 14 calendar days of the decision. The request for reconsideration shall be filed with the Director on forms available from the City and shall specify the grounds for reconsideration. Each reconsideration request shall be accompanied by a fee as established in the Department of Community and Economic Development Fee Resolution. Upon filing of such reconsideration request, the Director shall consider the results of the concurrency evaluation and issue a determination either upholding or amending the original determination.

B. Determinations by the Director pursuant to this chapter may be appealed to the City’s Hearings Examiner as provided for in Chapter 22.05 UPMC.

(Ord. 749 § 31, 2021; Ord. 420 § 1, 2004; Ord. 263 § 1, 2000).