TUMWATER
MUNICIPAL CODE

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Chapter 15.48
TRANSPORTATION CONCURRENCY REQUIREMENTS

Sections:
15.48.010 Title, Authority and Purpose.
15.48.020 Definitions.
15.48.030 Level of Service Standards/Designations Applicable to Specific Locations
15.48.040 Concurrency Test/Finding of Concurrency.
15.48.050 Exemptions from the Concurrency Test.
15.48.060 Traffic study.
15.48.070 Finding of Concurrency.
15.48.080 Concurrency Test/Alternative Calculation - Fees.
15.48.090 Concurrency System.
15.48.100 Monitoring the Transportation System.
15.48.110 Intergovernmental Coordination.
15.48.120 Appeals.

15.48.010  Title, Authority and Purpose.
      A.  This chapter shall be known as "Transportation Concurrency Requirements."
      B.   This chapter is enacted pursuant to the City of Tumwater's powers as a Code City, pursuant to Chapter 35A RCW, Article XI, Section 10 of the Washington State Constitution, the Growth Management Act, Chapter 36.70A generally, and RCW 36.70A.070 specifically.
      C.   It is the purpose of this chapter:
            1.   To ensure adequate levels of service on transportation facilities for existing land uses as well as new development;
            2.   To provide transportation facilities that achieve and maintain the City's level of service standards as established in the Comprehensive Plan; and
            3.   To ensure that the City's level of service standards are achieved concurrently with development as required by the GMA.
 (O95-022, Added, 11/7/1995)

15.48.020  Definitions.
      The words and terms used in this chapter shall have the meaning set forth below:
      A.  Adequate Transportation Facilities - Transportation facilities that meet or exceed the adopted standard of service set forth in the City's Comprehensive Plan.
      B.   Transportation Facility Capacity - The maximum number of vehicles that can be accommodated during a specified travel period at a specified level of service.  Capacity will be calculated according to the methodology used in the most current Highway Capacity manual.  An alternative methodology may be used only if it is preapproved by the Director of Public Works or his/her designee.
      C.   Completion of development - The certificate of occupancy, or other approval, has been issued by the City authorizing occupancy and the use of a development.
      D.  Concurrent with development - The improvements or transportation strategies that are in place at the time of building permit issuance, or the financial commitment that is in place to complete the improvements or strategies within six years.
      E.   Concurrency test - The comparison of the traffic generated by a proposed development with the unused or uncommitted capacity of existing and planned transportation facilities, in order to assess the impact of the proposed development on the transportation level of service.
      F.   Financial commitment - Revenue sources forecast to be available and designated for transportation facilities or strategies in the Comprehensive Plan or in the transportation element of the Comprehensive Plan, other unanticipated revenue from federal or state grants, or other sources for which the City has received a notice of commitment, and/or revenue that is assured by an applicant in a form approved by the City.
      G.   Finding of concurrency - The finding that is a part of the building permit issued by the City indicating that the transportation system has adequate unused or uncommitted capacity, or will have adequate capacity, to accommodate traffic generated by the proposed development, without causing the level of service standards to decline below the adopted standards, at the time of development or within six years.
      H.  Level of service standard - A measurement of the quality of service provided by a facility, including traffic conditions along a given roadway or at a particular intersection, and of transit service. Roadway and intersection level of service standards are commonly denoted by a letter ranking from "A," the highest level of service, to "F," the lowest level of service.
      I.    Transportation strategies - Transportation demand management plans, schemes, techniques, programs, and methodologies for minimizing transportation facility demand, such as improved transit service, off-peak travel, and ride-sharing programs.
      J.    Transportation facilities - Arterials and transit routes owned, operated, or administered by the State of Washington and its political subdivisions, such as the City of Tumwater.
            1.   Existing transportation facilities - Those facilities in place at the time a concurrency test is applied; and
            2.   Planned transportation facilities - Those facilities scheduled to be completed no later than the sixth year of the capital facilities plan and/or transportation element in effect at the time the City approves the development.
      K.  Traffic Study - A specialized study of the impacts that a certain type and size of development in a specific location will have on the surrounding transportation system.  The scope of work for the study will be determined by the City.
(O95-022, Added, 11/7/1995)

15.48.030  Level of Service Standards/Designations Applicable to Specific Locations.
      The following level of service standards, established in the Tumwater Comprehensive Plan, are hereby adopted for the purposes of this chapter.  If a conflict arises between a level of service standard identified in this chapter and a standard identified in the Comprehensive Plan, the level of service established in the Comprehensive Plan shall control.
      Any proposed project shall not degrade the level of service to below the minimum designation in either the horizon year of the project or within six years thereafter.  Projects shown to degrade the level of service below the indicated level of service shall be required to provide appropriate mitigation to raise the level of service to the designated standard as a condition to permit approval.
      The following designations shall apply within the City and its Urban Growth Area:
      A.  For the intersection of Capitol Boulevard/Trosper Road and  the Trosper Rd I-5 interchange . . . Level of service "E"; and
      B.   For the remainder of the City and its Urban Growth Area . . . Level of service "D".
(O95-022, Added, 11/7/1995)

15.48.040  Concurrency Test/Finding of Concurrency.
      A.  Except for the exemptions provided for in Section 15.48.050, the test for concurrency will be conducted as a part of the building permit application.
      B.   The City may conduct an alternative concurrency test for the applications identified in Section 15.48.060 using the process set forth in item F below.
      C.   The test for concurrency will be conducted in the order in which the completed building permit application is received.
      D.  The concurrency test will be performed only for the specific property uses, residential densities and intensities of the uses described on the building permit application.  The applicant shall describe the proposed development in a manner adequate for the City to determine the peak-hour traffic which is likely to be generated by the proposed development.  The applicant shall also provide to the City a legal description of the property.  Revisions to the proposed development that may create additional impacts on transportation facilities will be required to undergo an additional concurrency test.
      E.   In conducting the concurrency test, the City will use the trip generation rates set forth in the latest edition of the Institute of Transportation Engineers, Information Report - Trip Generation.  The presumption is that the rates used by the City are accurate unless proven otherwise.
      F.   If the applicant pays the fees identified in Section 15.48.080, the applicant may submit a calculation of alternative trip generation rates for the proposed development.  The City shall review the alternate calculations and indicate in writing whether such calculations are acceptable in lieu of the standard trip generation rates.
      G.   The City may adjust the trip generation forecast of the proposed development in order to account for any transportation strategies proposed by the applicant that are acceptable to the City.
      H.  The City shall not make a finding of concurrency as a part of the issuance of a building permit if the proposed development will result in the transportation facilities declining below the adopted level of service standards.  If the level of service of the transportation facilities meets or exceeds the adopted level of service standards, the concurrency test is passed and the City shall make a finding of concurrency. (O95-022, Added, 11/7/1995)

15.48.050  Exemptions from the Concurrency Test.
      The following applications for a building permit shall be exempt from the concurrency test; provided that this exemption from the concurrency test is not an exemption from TMC Title 3.50.
      A.  Any proposed development that creates no additional impacts on any transportation facility;
      B.   Any project that is a component of another proposed development and that was included in a prior application for a finding of concurrency;
      C.   Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that submitted an application after 1990 and that has undergone the analysis mandated by the State Subdivision Act, RCW 58.17.060 or .110; and
      D.  Any application that is exempt from TMC Title 16.
(O95-022, Added, 11/7/1995)

15.48.060  Traffic study.
      Non-exempt building permit applications for the following types of developments  must be accompanied by a traffic impact analysis study prepared by an engineer registered in the State of Washington with special training and experience in traffic engineering and who is a member of the Institute of Transportation Engineers and submitted by the applicant:
      A.  Development that generates 50 or more vehicle trips in the peak direction of the peak hour on the adjacent streets and intersections; or
      B.   Development that generates 25 percent or more of peak-hour traffic through a signalized intersection or the critical movement at an unsignalized intersection.
(O95-022, Added, 11/7/1995)

15.48.070  Finding of Concurrency.
      A.  The City shall make a finding of concurrency for each building permit application that passes the concurrency test.
      B.   The finding of concurrency shall be valid for the same time period as the underlying building permit, including any extensions thereof.
      C.   A finding of concurrency shall expire if the underlying building permit expires or is revoked by the City.
      D.  A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit, even if the ownership of the property changes.
      E.   All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners, heirs, executors, successors, or assigns, and upon the completion of such transportation facilities in a timely manner, prior to the issuance of the certificate of occupancy or prior to occupancy, unless stated otherwise in writing by the City.  Such financial commitment shall be subject to the approval of the City Attorney, including performance bond, escrowed funds, or other similar instrument.
(O95-022, Added, 11/7/1995)

15.48.080  Concurrency Test/Alternative Calculation - Fees.
      If the applicant requests an alternative calculation for the concurrency test, or if the City determines that an alternative calculation is required due to the size, scale, or other unusual characteristics of the proposed development, a fee for the alternative calculation shall be paid by the applicant prior to the initiation of review.  Final determination of which test or calculation is used shall be within the sole discretion of the City.  The fee for conducting the review of the alternative calculation shall be set by City Council resolution.
(O95-022, Added, 11/7/1995)

15.48.090  Concurrency System.
      A.  The City will provide, or arrange for others to provide, adequate transportation facilities by constructing needed transportation facilities and implementing transportation strategies within the six year horizon that:
            1.   Eliminate the level of service deficiencies for existing uses;
            2.   Achieve the level of service standards for anticipated future development and redevelopment resulting from previously issued building permits; and
            3.   Maintain existing facilities and repair or replace obsolete or worn out facilities.
      The improvements to transportation facilities will be consistent with the Tumwater Comprehensive Plan.
      B.   To the extent possible, the City will make every effort to allocate sufficient funds during the appropriate fiscal year to meet the financial commitment for all the transportation facilities required to meet the level of service standards, except that the City may omit from its budget any capital improvements for which a binding agreement has been executed with another party.
(O95-022, Added, 11/7/1995)

15.48.100  Monitoring the Transportation System.
      It is the City’s intent to review and update its capital facilities plan transportation element on an annual basis and identify those facilities necessary to achieve transportation concurrency. 
(O95-022, Added, 11/7/1995)

15.48.110  Intergovernmental Coordination.
      The City may enter into agreements with other local governments, Intercity Transit, and the State of Washington to coordinate the imposition of the level of service standards, the collection of impact fees, and the implementation of transportation strategies.
      A.  The City may apply level of service standards, fees and other mitigation measures to developments in the City that impact other local governments and/or the State of Washington. Development permits issued by the City may include conditions and mitigation measures that will be imposed on behalf of and implemented by other local governments and the State of Washington.
      B.   The City may receive impact fees or other mitigation payments based on or as a result of development proposed in other jurisdictions that impact the City.  The City may agree to accept such payments or may coordinate with other jurisdictions to implement the appropriate mitigation measures. (O95-022, Added, 11/7/1995)

15.48.120  Appeals.
      A.  Any applicant may appeal the denial of a finding of concurrency to the Tumwater Hearing Examiner pursuant to TMC 2.58.  All appeals shall include payment of the applicable appeals fee.  Written notice of appeal must be filed with the Department of Development Services within fourteen days of the determination.
      B.   The appeal on the finding of nonconcurrency will not be conducted if the applicant refuses to pay the transportation impact fees required by TMC Title 3.50 (Impact fees) provided that it will be conducted if the fees are paid under protest.
(O95-022, Added, 11/7/1995)

Updated: July 5, 2007