1646 - Ordinance - Concurrency Management SystemORDINANCE NO. 1646
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A CONCURRENCY MANAGEMENT SYSTEM FOR PUBLIC
FACILITIES AND SERVICE.
THE COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS
FOLLOWS:
SECTION 1. TITLE
This chapter shall be hereinafter known as the "Concurrency Management
System Ordinance."
SECTION 2. PURPOSE
The purpose of this Chapter is to establish a concurrency management
system to insure that public facilities and services are maintained at the minimum
level of service standards concurrent with, or within a reasonable time after
development, occupancy or use as required by the State Growth Management Act, RCW
36.70A. The public facilities and services that are subject to this ordinance shall
be arterial streets and transit, potable water, and sanitary sewer. This Chapter is
also intended to further the goals and policies of the Port Orchard Comprehensive
Plan.
SECTION 3. DEFINITIONS
(a) Adequate: At or above level of service standards specified in
the currently adopted Comprehensive Plan.
(b) Applicant: A person or entity who has applied for a building or
development permit.
(c) Available Capacity: The existence of capacity, reasonably
funded, above the minimum allowed for the level of service
adopted in the current comprehensive plan for the particular
public facility.
(d) Building/Development Permit: An official document or certificate
issued by the appropriate agency approving the performance of
construction or alteration of a building or structure.
(e) Certificate of Concurrency: The certificate issued by the Port
Orchard Public Works Department upon making the finding that an
application for a building or development permit will not result
in the reduction of the level of service standards set forth in
the Comprehensive Plan.
(f) Comprehensive Plan: The currently adopted City of Port Orchard
Comprehensive Plan.
(g) Concurrency: When adequate public facilities meeting the level
of service standards are in place at the time a development
permit is issued, or when a development permit is issued subject
to the determination that the necessary facilities will be in
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place when the impacts of the development occur, or when
improvements or strategies are in place at the time of
development, or when a financial commitment is in place to
complete the improvements or strategies within six (6) years of
the time of the development, as set forth in the Comprehensive
Plan.
(h) Concurrencv Determination: A non -binding determination of what
public facilities and services are available at the date of
inquiry.
(i) Concurrencv Management System: The procedures and processes
utilized by the City to determine that development approvals,
when issued, will not result in the reduction of the level of
service standards set forth in the Comprehensive Plan.
(j) De Minimis Development: A proposed development of such a low
intensity as to have a de minimis effect, if any, upon the level
of service standards set forth in the Comprehensive Plan. Such
development shall be exempt from concurrency review. Any
development generating less than twelve average daily trips shall
be deemed de minimis for the purpose of assessing transportation
levels of service.
(k) Development: The particular development activity authorized by
the unexpired building or development permit issued for a
specific project.
(1) Development Approvals: The following unexpired development
approvals shall be considered to be final development approvals
for purposes of issuance of a certificate of concurrency:
(1) final subdivision plat approval;
(2) building permit.
(m) Development Actions: An action of this City which requires a
non -binding concurrency determination such as a land use
amendment to the Comprehensive Plan or a rezoning.
(n) Public Facilities and Services: The following public facilities
and services for which level of service standards have been
established in the Comprehensive Plan are as follows:
1) Potable water,
2) Arterial roadways and transit,
3) Sanitary sewer.
SECTION 4. Applications for development approval
(a) Development approvals.
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(1) Each applicant for development approval, except those
exempted from concurrency, shall apply for a Certificate
of Concurrency.
(2) An applicant requesting development approval by the City
shall provide all information required by the City in
order for a binding concurrency evaluation to be made on
the proposed subject. Such required information shall
include any information required by the Public Works
Department in order to evaluate issuance of Certificate of
Concurrency.
(3) No development approvals will be granted unless the
applicant is eligible for a Certificate of Concurrency.
(b) Non -binding determinations.
(1) An applicant requesting a development action by the City
shall provide all information required by the City in
order for a non -binding concurrency determination to be
made on the proposed project. Such required information
shall include any additional information required by the
Public Works Department in order to make a concurrency
determination. The concurrency determination shall become
a part of the staff recommendation regarding the requested
development action.
(2) A non -binding concurrency determination may be received
prior to a request for development action or approval, by
submitting a request and any applicable fee to the Public
Works Department. Information required to make this
determination is the same as sited in Section 4. 1(b).
SECTION 5. Certificate of Concurrency.
(a) A Certificate of Concurrency shall be issued for development
approval, and remain in effect for the same period of time as the development
approval with which it is issued. If the development approval does not have an
expiration date, the Certificate of Concurrency shall be valid for 12 months.
(b) A Certificate of Concurrency may be accorded the same terms and
conditions as the underlying development approval. If a development approval shall
be extended, the Certificate of Concurrency shall also be extended.
(c) A Certificate of Concurrency may be extended to remain in effect
for the life of each subsequent development approval for the same parcel, as long as
the applicant obtains a subsequent development approval prior to the expiration of
the earlier development approval.
(d) A Certificate of Concurrency runs with the land, is valid only
for the subsequent development approvals for the same parcel, and is transferable to
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new owners of the original parcel which it was issued.
(e) A Certificate of Concurrency shall expire if the underlying
development approval expires or is revoked by the City.
SECTION 6. Fees.
The City shall charge a processing fee to any individual that
requests a non -binding concurrency determination not associated with an application
for development approval or development action. The processing fee shall be non-
refundable and non -assignable to any other fees. Such fee shall be determined by
Resolution of the City Council at a date subsequent to the effective date of this
ordinance.
SECTION 7. Conflict with other ordinances and codes.
In cases of conflict between this ordinance or any part thereof, and
any part of any other existing or future ordinance or code, the most restrictive in
each case shall apply.
SECTION 8. Severabijjk.
Should any part of this ordinance be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be construed to have the
legislative intent to pass this ordinance without such unconstitutional part and the
remainder of this ordinance as to exclusion of such part shall be deemed and held to
be valid as if part had not been included herein.
PASSED by the City Council of the City of Port Orchard, signed by the
Mayor and attested by the City Clerk in authentication of su passage this 22nd day
of January, 1996.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
SPONSORED BY:
Councilman Clauson
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held January 22, 1996.
ORDINANCE NO. 1646
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING A CONCURRENCY MANAGEMENT SYSTEM FOR PUBLIC
FACILITIES AND SERVICE.
Copies of Ordinance No. 1646 are available for review at the office of the City Clerk
of the City of Port Orchard. Upon written request a statement of the full text of the
Ordinance will be mailed to any interested person without charge. Thirty days after
publication, copies of Ordinance No. 1646 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
Deputy City Clerk
Publish: Port Orchard Independent
January 31, 1996