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Nooksack City Zoning Code

19.18 Concurrency

19.18.010 Concurrency Required.

Any development or redevelopment that increases the demand and need for capital facilities as defined in this section shall be subject to the following:

A. Development and redevelopment activities subject to this section shall not receive approvals from the City until the zoning administrator makes a determination that all required capital facilities meeting adopted level of service or other standards will be available to serve the proposed development at the time the development is established.

B. For the purposes of this section, capital facilities shall include the following whether provided by the City or other governmental agency: domestic water, sanitary sewer, storm sewer, streets and other transportation facilities, park and recreation facilities, law enforcement, fire protection, and schools.

C. In the event that the zoning administrator makes a determination that one or more capital facilities will not be available as required by this section, then the administrator shall identify the capital improvements necessary to ensure compliance with this section Said improvements shall be provided to the applicant in writing and may be included as conditions of approval attached to required permits.

D. Except as noted below, all required capital improvements shall be completed prior to completion of authorized development activities in conformance with established conditions of approval; otherwise, final approval of permitted activities shall be withheld until all such improvements have been completed.

E. Where found to be reasonable and appropriate by the administrator, permits may be issued by the City based on the posting of a performance bond, in a form acceptable to the City attorney, in an amount equal to one hundred fifty percent (150%) of the estimated cost of required improvements not completed prior to permit issuance. The estimated cost for all such improvements utilized in calculating the dollar amount of the bond shall be based on the cost for the City to complete said improvements while meeting governmental prevailing wage and other requirements under municipal contracts.

F. Following completion of all required improvements, the administrator shall make a written finding that the development has met the concurrency requirements established in this section. [Ord. 685 §5, 2016.]