The purpose of this section is to ensure that public facilities and services owned, operated, or provided by the city and public facilities and services owned, operated, or provided by other governments, special districts, and applicable organizations within the city are provided simultaneous to or within a reasonable time after development occurs.

(Ord. 2274 § 1 (part), 2000)

The test for concurrency shall not be required for exempted developments, as specified in this section:

A.

No Impact. Development that creates no additional impacts on concurrency facilities is exempt from the test for concurrency. Such development includes, but is not limited to:

1.

Additions, accessory structures, or interior renovations to or replacement of a residence which do not result in a change in use or increase in the number of dwelling units or residential equivalents;

2.

Additions to or replacement of a nonresidential structure which do not result in a change in use, expansion in use, or otherwise increase demand in public facilities, as defined in this title;

3.

Temporary uses allowed in Sections 17.04.100, 17.04.110, and 17.04.140 of this code;

4.

Uses exempt from permit requirements, as defined in subsection 17.01.040(E); and

5.

Demolitions.

B.

Permits. The following permits are exempt from the test for concurrency:

1.

Boundary line adjustments;

2.

Temporary use permits;

3.

Variances and shoreline variances;

4.

Approvals pursuant to site development regulations;

5.

Other permits as determined by the city.

C.

SEPA. An application exempt from the test for concurrency is not necessarily exempt from SEPA.

(Ord. 2274 § 1 (part), 2000)

A.

Concurrency Review Procedures. The test for concurrency shall be performed in the processing of discretionary land use permits and building permits, through a concurrency review process established by the individual service providers.

1.

The concurrency review process shall be completed prior to issuance of a building permit, certificate of occupancy, or other development or land use permit.

2.

The concurrency review process may provide the option to delay the test of concurrency, subject to subsection (A)(l) of this section.

a.

Delay of the test for concurrency allowed under this provision does not defer, replace, or substitute for the reviews required under this code, environmental review, or other applicable regulations;

b.

Delay of the test for concurrency allowed under this provision must not affect the ability of a service provider to require payment of fees at any time during the permit process;

c.

The concurrency review process shall include review of phased projects;

d.

The concurrency review process established by the individual service providers shall be specified in written policy, and shall be available for city distribution.

B.

Test for Concurrency; Roles. The administrator shall provide the overall coordination of the test for concurrency by:

1.

Notifying the service providers of all applications requiring a test for concurrency;

2.

Notifying the service providers of all exempted development applications that use capacity;

3.

Notifying the service providers of expired development permits or other actions resulting in a release of capacity reserved through a certificate of capacity;

4.

Service providers as defined in Section 17.10.010 of this chapter shall:

a.

Be responsible for conducting the test for concurrency for their individual public facilities, for all applications requiring a test for concurrency,

b.

Reserve the capacity needed for each application,

c.

Account for the capacity for each exempted application that uses capacity,

d.

Adjust capacity to reflect the release of reserved capacity as notified by the city,

e.

Annually report the capacity of their public facilities to the city. Said annual report shall include an analysis of comprehensive plan infrastructure priorities in accordance with the six year capital facilities plan, and

f.

Have the authority to charge applicable fees to recover the costs of concurrency testing and monitoring of their concurrency systems.

C.

Capacity. For sanitary sewer, surface water management, and domestic water supply, only available capacity shall be used in conducting the test for concurrency. For streets, the available and planned capacity may be used in conducting the test for concurrency.

D.

Test for Concurrency; Pass. The city shall perform a concurrency test for each application for a certificate of capacity. All development permit applications (including, but not limited to, all discretionary land use permits, certificates of occupancy, and building permits) are subject to a concurrency test and issuance of a certificate of capacity as provided for herein, except as may be specifically exempted. The city shall conduct the concurrency test first for the earliest completed application reviewed. Subsequent applicants will be tested in the same order as the city receives completed applications.

Development permit applications that would result in a reduction of a level of service below the minimum level of service standard cannot be approved. For potable water, electric utilities, sanitary sewer, solid waste, and storm water management, only available capacity will be used in conducting the concurrency test. For roads, transit, law enforcement, fire, emergency medical service, schools, parks, and libraries, available and planned capacity will be used in conducting the concurrency test.

1.

If the capacity of concurrency facilities is equal to or greater than the capacity required to maintain the level of service standards for the impact from the development application, the concurrency test is passed.

2.

If the capacity of the 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 ninety-day reservation of concurrency facilities that exist and modify the application to reduce the need for concurrency facilities that do not exist;

b.

Accept ninety-day reservation of concurrency facilities that exist, and demonstrate to the service provider's or the city's satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;

c.

Accept ninety-day reservation of concurrency facilities that exist, and arrange with the service provider or the city for the provision of the additional capacity of concurrency facilities required; or

d.

Appeal the results of the concurrency test.

3.

Concurrency Inquiry Application. An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. A fee 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.

E.

If all prerequisite conditions have been satisfied, a certificate of capacity will be issued according to the following provisions:

1.

A certificate of capacity will be issued upon payment of any fee, performance of any condition, or other assurances required by the service provider.

2.

A certificate of capacity shall apply only to the specific land use types, densities, intensities, and development projects described in the certificate.

3.

A certificate of capacity is not transferable to other land, but may be transferred to new owners of the subject land along with any conditions imposed by the city in the permit or approval documents.

4.

A certificate of capacity shall expire if the accompanying development permit expires or is revoked. The expiration date of the certificate of capacity may be extended according to the same terms and conditions as the accompanying permit. If the development permit is granted an extension, so shall the certificate of capacity. If the accompanying development permit does not include an expiration date, the certificate of capacity shall expire two years from the date of issuance. Expiration dates shall be included in certificates of capacity.

F.

Test for Concurrency; Fail. The test for concurrency is not passed if the capacity of the public services or facilities is less than the capacity required to maintain the adopted level of service standards after the impacts associated with the requested permit are added to the existing capacity utilization. The following options are available to applicants in the event that partial capacity of public facilities and services is available:

1.

The scope of the project may be reduced to the level equal to that which would absorb the available capacity;

2.

The phasing of the project may be modified to accommodate planned capacity improvements;

3.

The capacity shortfall may be mitigated as part of the project; or

4.

The results of the test for concurrency may be appealed.

(Ord. 2274 § 1 (part), 2000)

The check for adequacy will be performed on an annual basis, concurrent with the annual update of the capital facilities element of the comprehensive plan, and will correspond to each public concurrency facility. The appropriate service provider will conduct the check for adequacy in such manner as to determine current adequacy levels, as well as the city's ability to add to public concurrency facilities.

A.

City. The city shall:

1.

Provide the affected service providers a report on all permit applications occurring within the past year;

2.

Provide population growth figures to the service providers;

3.

Maintain a cumulative record of all checks for adequacy.

B.

Service Providers. Service providers shall provide annual reports on checks for adequacy to the city.

(Ord. 2274 § 1 (part), 2000)