A. Determination Of Necessity; Financial Commitments: Prior to approving proposed subdivisions, dedications, short plats, short subdivisions, planned residential developments, or binding site plans, the reviewing authority shall make written findings that public facilities which will be needed as a result of the new development, such as streets, roads and other public ways, will be provided concurrent with development. For all other development applications listed herein, the concurrency finding shall be made prior to the issuance of the building permit. The concurrency requirement is satisfied if the improvements are in place at the time the impacts of development occur, or if the necessary financial commitments are in place. Such financial commitments shall include, and are not limited to, impact fees anticipated to be generated by the development to complete improvements required to meet specified standards of service designed in the transportation study within six (6) years of the time of building permit issuance. Any combination of the following shall constitute "necessary financial commitments" for the purposes of this chapter:
1. The city has received voter approval of and/or has bonding authority;
2. The city has received approval for federal, state or other funds;
3. The city has received a secured commitment from a fee payer ensuring the payer will construct the needed improvement(s) or facility and the city has found such improvement(s) or facility to be acceptable and consistent with its capital facilities plan; and/or
4. The city has other assured funding, including, and not limited to, impact fees that have been paid.
B. Compliance With Statutes; Time Of Making Findings:
1. Compliance with this concurrency requirement shall be sufficient to satisfy the provisions of Revised Code of Washington 58.17.060 and 58.17.110, and the act 1 .
2. The finding of concurrency shall be made at the time of preliminary plans or planned residential development (PRD) approval or at the time of binding site plan approval.
3. For all other development applications, the finding shall be made at the time of building permit issuance.
C. Application Approval: The city shall not approve applications for preliminary plats, PRDs or binding site plans unless the city is able to make a finding of concurrency; provided, that, if the fee payer opts to dedicate land, to provide improvements, and/or construction consistent with the requirements of section 10-5-4 of this chapter governing credits, where appropriate, the city can make a finding of concurrency.
D. Term Of Validity:
1. A finding of concurrency provided to the applicant at the time of preliminary plat or PRD approval, or at the time of binding site plan approval, shall be valid for a period of three (3) years from the date concurrency is issued.
2. If, pursuant to law, an applicant requests an extension of the three (3) year period between the date of preliminary and final plat or PRD approval, the applicant shall be subject to a new concurrency determination prior to the granting of a request for an extension.
E. Exemption; City Options:
1. If any party for any reason is able to exempt itself from the operation of this chapter, the city reserves the right to review its land use plan in conjunction with its capital facilities plan in order to ensure concurrency.
2. In the event that the impact fees that might have been paid would have been an integral part of the financing to ensure concurrency, the city reserves the right to deny approval for the development on these grounds. (Ord. 847, 8-17-2009)
Notes
| 1 | 1. RCW ch. 58.17. |