Chapter 18.16 CONCURRENCY MANAGEMENT

Chapter 18.16
CONCURRENCY MANAGEMENT

Sections:

18.16.010 Intent of concurrency management.

18.16.020 Exemptions.

18.16.030 Level of service standards.

18.16.040 Procedures for concurrency evaluations.

18.16.050 Criteria for issuing a finding of concurrency.

18.16.060 Effect of a finding of concurrency.

18.16.070 Reservation of water or sewer connections.

18.16.080 Improvement deferrals.

18.16.090 Impact fees.

18.16.010 Intent of concurrency management.

The intent of concurrency management is to implement the concurrency provisions of the comprehensive plan and to implement the provisions for determining adequate facilities found in the Growth Management Act, RCW 36.70A.070 and WAC 365-195-510 and 365-195-835, the State Subdivision Act, Chapter 58.17 RCW, and the State Building Code, Chapter 19.27 RCW.

The concept of concurrency is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and/or transportation facilities are available when the impacts of development occur. For transportation facilities, this time period is established by statute as within six years from the time of development.

No approval shall be issued except in accordance with this chapter. If a project requires more than one approval or permit, a separate concurrency determination will be made for every approval or permit, as required by this chapter. (Ord. 995 § 12 (Exh. A), 2015).

18.16.020 Exemptions.

No development activity shall be exempt from the requirements of this chapter unless specifically listed below. The following types of approvals and permits are exempt provided they do not create additional long-term impacts on transportation facilities or sewer capacity in the city’s wastewater treatment plant, or water capacity in the city’s water system:

A. Administrative interpretations;

B. Sign permits;

C. Street vacations;

D. Demolition permits;

E. Right-of-way use permits;

F. Interior alterations with no change of use;

G. Clearing and grading permits;

H. Plumbing permits;

I. Electrical permits;

J. Mechanical permits;

K. Driveway or street access permit;

L. Tenant improvement permits in previously occupied spaces;

M. Fire sprinkler permits;

N. Temporary use permits;

O. Special event permits;

P. Home occupations;

Q. Boundary line adjustments;

R. Critical areas permits;

S. Variances.

Notwithstanding the above, if any of the above approvals or permits will generate any new peak p.m. trips, require additional sewer capacity, or increase water consumption, such approval or permit shall not be exempt from the requirements of this chapter. (Ord. 995 § 12 (Exh. A), 2015).

18.16.030 Level of service standards.

Level of service (LOS) is the established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need, as mandated by Chapter 36.70A RCW. LOS standards shall be used to determine if public facilities or services are adequate to support a development’s impact at the time the impact occurs.

A. Transportation. The city has designated levels of service for road facilities in the comprehensive plan, as follows:

1. In all residential zones, LOS C.

2. In all commercial and light industrial zones, LOS D.

3. In the urban core between 4th Street and Solberg Street, LOS F is recognized as a level of service where mitigation to create traffic diversions, bypasses, and alternate routes and modes of transportation are authorized and being planned, funded, and implemented, and can result in improved LOS.

Level of service is calculated using the methodology found in the Highway Capacity Manual for signalized and unsignalized intersections using the average delay of all legs. The site plan review committee shall identify concurrency intersections annually.

B. Water. The ability to provide potable water to the consumer for use and fire protection in accordance with adopted health and environmental regulations.

C. Sewer. The ability to treat and discharge wastewater in accordance with adopted health and environmental regulations.

The community development department shall use the adopted LOS standards to make concurrency evaluations as part of the review of any development. (Ord. 995 § 12 (Exh. A), 2015).

18.16.040 Procedures for concurrency evaluations.

A. Ministerial, Administrative, and Quasi-judicial Review Projects.

1. Prior to issuance of any ministerial, administrative, or quasi-judicial approval, the decision maker shall conduct a concurrency evaluation.

2. If the decision maker finds concurrency based on the concurrency evaluation, the issuance of the underlying permit or approval constitutes the finding.

3. If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, or that potable water is not available pursuant to RCW 19.27.097, the permit or approval will be denied.

4. A finding of concurrency for a ministerial, administrative, or quasi-judicial permit or approval may be appealed only as part of an appeal of the underlying permit or approval.

B. Legislative Review Projects.

1. Prior to approval of any legislative review project, the decision maker shall conduct a concurrency evaluation.

2. If the decision maker finds concurrency based on the concurrency evaluation, that finding shall be documented in the written decision.

3. If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, the legislative review project will be denied.

4. There is no city appeal of a concurrency determination for legislative review projects. (Ord. 995 § 12 (Exh. A), 2015).

18.16.050 Criteria for issuing a finding of concurrency.

A. Ministerial Reviews.

1. Construction Permits.

a. Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded six years from the date of the approval of the underlying development approval.

b. Water. The status of the city’s water system annual operating permit with the Washington Department of Health allows new water system connections.

c. Sewer. The city’s sewer system is operating within the conditions and parameters of the city’s national pollution discharge elimination permit and has capacity to serve the proposal.

2. All Other Ministerial Reviews.

b. Water. The status of the city’s water system annual operating permit with the Washington Department of Health allows new water system connections or is anticipated to allow new connections at the time a construction permit will be issued.

c. Sewer. The city’s sewer system is operating within the conditions and parameters of the city’s national pollution discharge elimination permit and has capacity to serve the proposal or is anticipated to be available to serve at the time a construction permit will be issued.

B. Administrative Reviews.

1. Administrative Site Plan Review.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in the six-year transportation improvement program would maintain levels of service.

b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).

c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).

2. Preliminary Short Subdivisions and Administrative Subdivisions.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in the six-year transportation improvement program would maintain levels of service.

b. Water. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division.

c. Sewer. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division.

3. All Other Administrative Reviews.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.

C. Quasi-Judicial Reviews.

1. Preliminary subdivisions, binding site plans, mixed use developments, and planned residential developments.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.

2. Special Uses.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.

b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance).

c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact to the system (construction permit issuance).

3. All Other Quasi-Judicial Reviews.

a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.

D. Legislative Reviews.

1. Conceptual and Final Master Planned Developments.

a. Transportation. The environmental documents and conceptual master site plan identify how transportation levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.

b. Water. The environmental documents and conceptual master site plan identify how water system levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.

c. Sewer. The environmental documents and conceptual master site plan identify how sewer system levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.

2. Annexations.

a. Transportation. The transportation plan includes the infrastructure to serve the proposed annexation area.

b. Water. The annexation area is within Yelm’s retail water service area and the water system plan includes the infrastructure and water rights to serve the proposed annexation area.

c. Sewer. The annexation area is within Yelm’s sewer service area and the sewer system plan includes the infrastructure and treatment plant capacity to serve the proposed annexation area. (Ord. 995 § 12 (Exh. A), 2015).

18.16.060 Effect of a finding of concurrency.

The factors affecting available capacity, in some instances, lie outside of the city’s control. The city’s adoption of this chapter relating to the manner in which the city will make its best attempt to determine infrastructure capacity does not create a duty in the city to provide water or sewer service to the public or any individual, regardless of whether a finding of concurrency has been made.

A finding of concurrency is not a guarantee that water and/or sewer will be available to serve the proposed project at the time a building permit application is made. (Ord. 995 § 12 (Exh. A), 2015).

18.16.070 Reservation of water or sewer connections.

The city may reserve water and sewer capacity by resolution of the city council for essential public facilities, improvements identified in an adopted capital facilities plan and listed in the six-year improvement program. (Ord. 995 § 12 (Exh. A), 2015).

18.16.080 Improvement deferrals.

In certain circumstances it may not be appropriate to require installation of improvements required for a finding of concurrency at the time a development occurs. In such situations, the site plan review committee may permit deferral of installation of such improvements to a later date under the provisions of this section.

The city may authorize a deferral of any or all required improvements, provided one or more of the following criteria are met:

A. The installation of required improvements would be inconsistent with the city’s long-range street or utility system comprehensive plans.

B. The installation of improvements could be more safely, efficiently and effectively implemented if done concurrently with the installation of improvements required for other properties along the same street frontage.

C. The scope of the improvement being authorized does not constitute a significant change in the existing demands of the use of property upon the city’s transportation and utility transmission systems.

D. The developer and property owner enter into a mitigation agreement with the city that ensures the proposal pays its pro-rata cost of the improvement.

E. The developer and property owner enter into an agreement to participate in a local improvement district formed for the construction of the improvement. (Ord. 995 § 12 (Exh. A), 2015).

18.16.090 Impact fees.

A. Transportation. The project makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge calculated as follows:

The city council shall establish the transportation facility charge (TFC) annually as part of the adoption of the most current six-year transportation improvement program (STIP). The TFC shall be based on the development’s contribution to the increase in local traffic and the capacity-related improvements identified in the STIP.

STIP =	The total cost of all capacity-related improvements on the six-year transportation improvement program.
LP =	The percentage local traffic (generated within the city of Yelm) represents the total traffic at the intersection of 1st Street and Yelm Avenue.
TG =	Total traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six-year period covered by the latest STIP.
BG =	Background traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six-year period covered by the latest STIP, excluding any new development.
BT =	Baseline traffic (peak p.m.) in the first year of the latest STIP.

1. Credits shall be given to reflect the projected impact on the community system, such as traffic decreases where an existing facility on site is removed or replaced, and traffic reduction systems which are binding and likely to remain effective for the life of the project.

2. Credits may also be given for projects which create a significant economic benefit to the community, including industrial or manufacturing uses with an excess of 500 trips per day. The size of the credit shall be measured at an appropriate percentage of the anticipated annual tax revenue increase to the community and available for capital contribution to transportation facilities on the approved plan as a result of the project. The said credit shall be calculated as follows:

a. Estimated gross revenue for six years.

b. Multiply gross revenue by 0.2 percent (B&O tax).

c. Multiply gross revenue subject to sales tax by 1.5 percent (city share of state sales tax).

d. Add products of b and c above.

e. Multiply total from line d by nine percent (percentage of tax revenue budgeted to city road fund).

f. Multiply product from line e by 28 percent (percentage of money in the road fund that is designated as private share for projects on the TFC).

B. Schools. The project makes a contribution to Yelm Community Schools as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools and endorsed by resolution of the Yelm city council.

C. Fire Protection Facilities. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the S.E. Thurston Fire Authority and endorsed by resolution of the Yelm city council.

D. Payment of impact fees shall be as follows:

1. For projects involving the division of land for sale or lease, upon the issuance of a building permit for construction of each lot of record, for the traffic attributable to that lot;

2. For projects approved through site plan review, upon the issuance of the building permit authorizing the construction of any phase, for the traffic associated with that phase;

3. For projects approved through site plan review which do not include a list of tenants at the time of approval, upon the issuance of the building permit for the tenant improvements, if required, or otherwise upon the issuance of the business license, for the traffic associated with that tenant. (Ord. 1022 § 3, 2017; Ord. 995 § 12 (Exh. A), 2015).