580 ConcurrencyCity of Yelm
Ordinance 580
Concurrency Ordinance
WHEREAS, the Washington State laws governing the division or development of
property require a specific written finding as to the adequacy of facilities necessary to
serve proposed development; and
WHEREAS, the City of Yelm has adopted a comprehensive plan and capital
facility plan identifying the levels of service necessary to accomplish concurrency; and
WHEREAS, the City desires to specify the standards and criteria for determining
concurrency within the City of Yelm or its associated urban boundary;
WHEREAS, the City desires to set rates which are below those of surrounding
communities where possible;
NOW, THEREFORE, BE IT HEREBY ADOPTED
Section 1. Definitions
a. Concurrency-A determination that the facilities necessary to serve a
proposed land development are in place or planned for and properly funded with a
reasonable expectation that the facilities will be in place at the time needed to preserve
adopted levels of service.
b. Development activity-Any construction or expansion of a building,
structure, or use, any change in use of a building or structure, or any changes in the use
of land, that creates additional demand and need for public facilities.
c. Development approval-Any written authorization from the City which
authorizes the commencement of development activity.
d. Land division-The action of dividing land for sale or lease, whether
through the subdivision process identified in Chapter 58.17 RCW, the City's binding site
plan review process, or any other process which results in the creation or modification
of the boundaries of a property for purposes of development.
e. Land development-Any action with respect to a parcel of real property
which requires plat approval pursuant to Chapter 58.17 RCW or site plan review
approval through Chapter 17.84 of the Yelm City Code, or master plan development
approval through Chapter 17.62 of the Yelm City Code.
f. Owner-The owner of record of real property, although when real property
is being purchased under a real estate contract, the purchaser shall be considered the
owner of the real property if the contract is recorded.
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g. Project improvements-Site improvements and facilities that are planned
and designed to provide service for a particular development project and that are
necessary for the use and convenience of the occupants or users of the project, and are
not system improvements. No improvement or facility included in a capital facilities plan
approved by the governing body of the City shall be considered a project improvement.
h. Proportionate share-That portion of the cost of public facility improvements
that are reasonably related to the service demands and needs of new development.
i. Public facilities-Sewer service, water service, parks, schools, and roads
are the public facilities for which the City will make specific findings of concurrency
based on the comprehensive plan.
j. Service area-A geographic area defined by the City in which a defined set
of public facilities provide service to development within the area. Service areas shall
be designated on the basis of sound planning or engineering principles.
k. System improvements-Public facilities that are included in the capital
facilities plan and are designed to provide service to service areas within the community
at large, in contrast to project improvements.
I. Transportation Facility Charge-payment of money imposed upon
development as a condition of development approval to pay for public facilities needed
to serve new growth and development, and that is reasonably related to the new
development that creates additional demand and need for public facilities, that is a
proportionate share of the cost of the public facilities, and that is used for facilities that
reasonably benefit the new development. "Transportation Facility Charge" does not
include a reasonable permit or application fee.
Section 2. Process
a. Whenever a reviewing authority is asked to consider the approval of a
division of land for sale or lease or the approval of a site plan, the reviewing official shall
make a written determination of concurrency in connection with facilities proposed or
available for the project.
b. With respect to each of the public facilities identified above, concurrency
shall be established and determined as follows:
i. Sewer:
(1) The project is within an area approved for sewer pursuant to
the adopted Sewer Comprehensive Plan for the City.
(2) Improvements necessary to provide City standard facilities
and services are present or are on an approved and funded plan to assure
availability in time to meet the needs of the proposed development.
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Water:
(1) The project is within an area approved for municipal water
service pursuant to the adopted Water Comprehensive Plan for the City.
(2) Improvements necessary to provide City standard facilities
and services are present or are on an approved and funded plan to assure
availability in a time to meet the needs of the proposed development.
iii. Parks:
The project meets the requirements of the City fee-in-lieu requirements for
parks, Chapter 14.12 Yelm City Code.
iv. Schools:
The project sponsor provides a letter from the local school district that the
school facilities impacted by the proposed development are present, or are
on an approved and funded plan, to assure that facilities will be available
to meet the needs and impacts of the proposed development.
v. Transportation:
(1) The project makes on-site and frontage improvements,
consistent with City standards for utilities, curbs, gutters, sidewalks, bicycle
lanes where appropriate, and roads necessary to serve the proposed
project consistent with safety and public interest.
(2) The project makes such off-site facility improvements, not
listed on the capital facilities plan, as are necessary to meet City standards
for the safe movement of traffic and pedestrians attributable to the project.
Where a developer is required to oversize an off-site facility for a project
by more than 10% of the need generated by the proposed project, the City
may consider a developer reimbursement contract as authorized by state
law.
(3) The project makes a contribution to the facilities identified in
off-site comprehensive transportation plan, in the form of a Transportation
Facility Charge based on the list of projects specified to be constructed
within the next six years, or as partial credit against such charge,
constructs a portion of the six-year facility, in which case a credit shall be
given for the reasonable cost incurred therein, but not to exceed the extent
of potential savings to the City.
(4) Appendix A to this ordinance is the traffic report identifying
the Transportation Facility Charge for the six-year road program in place
at the date of the adoption of this ordinance. Such traffic report is to be
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updated no less than annually, by July 1, of each year; provided, however,
the plan in effect shall remain in effect until a successor plan is fully
adopted.
Section 3. Determination and Payment of the Transportation Facility Charge
a. The Transportation Facility Charge shall be based on the per peak hour trip
rate identified in the report from transportation trip calculations based on a transportation
report consistent with City standards.
b. City Standards shall include:
Standard transportation assumptions as identified in Table 1.
ii. For facilities not on the standard transportation assumptions, the
Institute of Traffic Engineers trip generation manual for the most recent
year.
iii. For projects with nontraditional peal hour impacts or different from
standard projects modelled in Table 1, a special report, based on generally
accepted traffic engineering principles may be submitted and considered.
c. 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.
d. 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.
e. Payment of the Transportation Facility Charge shall be as follows:
i. For projects involving the division of land for sale of lease-upon the
issuance of a building permit for construction of each lot of record, for the
traffic attributable to that lot.
ii. Forprojects 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.
iii. For any project over 100 peak hour trips per day-the fee may be
paid in installments, at the municipal rate of interest in effect on the day of
building permit issuance, with 50% being paid at the issuance of the building
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permit and the balance paid within 24 months, recognizing the lead time for the
City to bring major projects on line.
Section 4. Accounting and Appeals
a. All fees collected under this chapter shall be placed in separate accounts
for the dedicated purpose for which collected. Such funds may only be expended for
identified facilities on an approved plan, and must be spent within six years absent a
specific situation where the City can justify a longer period.
b. If an applicant desires to challenge the calculation or assessment of any
fee, such fee shall be paid under protest and the permit may be issued. Appeals shall
be heard by the City Council upon a de novo hearing.
c. Any such appeal shall consider the issues raised, the proper fee to be
assessed, and the necessity to find concurrency as a precondition to any project
approval. The proper fee to be charged on appeal is determined (1) by compliance with
the terms of this ordinance, and (2) if for any reason the terms of this ordinance are
found inappropriate, such fee as necessary to assure concurrence for all facilities
identified herein, but not to exceed the fee collected pursuant to this ordinance.
Section 5. Effective Date
The ordinance shall be applicable to all land divisions and land developments and
master plan reviews for which applications are complete after the adoption date of this
ordinance.
Ka hryn Wolf, May r
ATTEST:
/ ,•.
Agnes P. Bennick, Cith Clerk
ADOPTED: June 26,1996
PUBLISHED: NVN, July 4, 1996
EFFECTIVE: July 10, 1996
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