The URL can be used to link to this page

Home My WebLink AboutOrd 2155 - Concurrency Test Fees (Repealed by Ord 2635) Cover page to Ordinance 2155 The full text of the ordinance follows this cover page. Ordinance 2155 was amended or repealed by the following ordinances. REPEALED Section(s) Repealed Repealed by Ord # 2635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2110, AS CODIFIED AT TMC 9.50.030, TO ADDRESS CONCURRENCY TEST FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Public Works desires all of its fees to be referenced in its Public Works Fee Schedule, as adopted periodically by Council resolution; and WHEREAS, Ordinance No. 2110 did not address the Concurrency Test Fee; and WHEREAS, the City desires to annually update its Concurrency Test Fees to reflect current costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2110, as codified at TMC 9.50.030, is hereby amended to read as follows: 9.50.030 Concurrency Test A. Timing. All applicants must apply for the concurrency test and receive notice of passing the test before the City will consider an application for any development permit or building permit to be complete. B. Procedures. City of Tukwila Washington Ordinance No. 2155 1. Applications for concurrency shall be submitted on forms provided by the Public Works Department. The concurrency test shall be done in order of "first in, first out," once the Public Works Department determines the application is complete. 2. The applicant shall be responsible to provide to the Public Works Department a certificate of availability for water and sewer with the concurrency application submittal if the property is serviced by a non -City managed utility. 3. The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use, as part of the concurrency application and concurrency test fee as adopted by motion or resolution of the Tukwila City Council. 4. A concurrency test shall be performed only for specific property, uses, densities and intensities based on the information provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed for the property. If the concurrency test is being requested in conjunction with an application for rezone, the applicant shall specify densities and intensities that are consistent with the proposed zoning for the property. Changes to the uses, densities and intensities that create additional impacts on concurrency facilities shall be subject to an additional concurrency test. C\Documents and Settings\All Users\Desktop\KeIIy\MSDATA \Ordinances \Concurrency Test Fees.doc CK:ksn 3/1/2007 Page 1 of 3 5. The Public Works Director or his designee shall perform the concurrency test. The project must receive a passing grade prior to approval of the development permit or building permit. 6. The Public Works Director or his designees shall notify the applicant of the test results in writing and shall notify other City departments of the test results. The date of written notification to the applicant shall be the date of issuance of the concurrency test notice. 7. The concurrency test notice shall expire within 90 calendar days of its issuance unless the applicant submits a SEPA environmental checklist and all required documentation pursuant to TMC 21.04, together with the site plan, the traffic impact analysis prepared in accordance with the City's traffic impact analysis guidelines and containing the traffic information derived from the concurrency test outcome, and the SEPA review fee. No extensions may be granted for submittal of a complete SEPA environmental checklist and all required documentation. 8. If the deadline for submittal of a complete SEPA environmental checklist and all required documentation is met as described in TMC 9.50.030.B.7, the concurrency test notice shall be valid for one year from the date of issuance of the concurrency test notice. 9. The concurrency test notice shall expire unless a certificate of concurrency is issued or an extension of the notice is granted within one year from the date of issuance of the concurrency test notice. 10. An applicant must apply for a new concurrency test if the notice expires or an extension is not granted. 11. The Public Works Director may approve an extension of up to one year if: a. The applicant submits a letter in writing requesting the extension before the expiration date. The applicant must show that he /she is not responsible for the delay in issuing the certificate of concurrency, and has acted in good faith to obtain a certificate; and b. If the property is serviced by a non -City managed utility, then the applicant must submit a letter from the utility approving the extension before the expiration date. 12. Once the associated development permit or building permit is approved, the Public Works Department shall issue a final certificate of concurrency. The concurrency certificate is valid for a period of 2 years or as long as the developer possesses a valid building permit for the development. 13. The Public Works Department shall be responsible for accumulating the impacts created by each application and removing any impacts from the City's concurrency records for an expired concurrency test notice, an expired development permit or building permit, a discontinued certificate or other action resulting in an applicant no longer causing impacts which have been accounted for in the City records. 14. The Public Works Department shall be responsible to coordinate with applicable non -City managed utility operators for maintenance and monitoring of available and planned capacity for these utilities. 15. A certificate of concurrency shall apply only to the specific land use, density and intensity described in the application for a development permit or building permit. No development shall be required to obtain more than one certificate of concurrency for each building, unless the applicant or subsequent owner proposes C: \Documents and Settings\All Users\Desktop\Kelly \MSDATA \Ordinances \Concurrency Test Fees.doc CK:ksn 3/1/2007 Page 2 of 3 changes or modifications to the property location, density, intensity, or land use that creates additional impacts on concurrency facilities. 16. A certificate of concurrency is not transferable to other land, but may be transferred to new owners of the original land. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 5TH DAY OF MARCH, 2007. ATTEST/ AUTHENTICATED: JANe E. Cantu, CMC, City Clerk APPROVED O M BY: Office of the y �ttorney Steven M. Mullet, Mayor C: \Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances \Concurrency Test Fees.doc CK:ksn 3/1/2007 Filed with the City Clerk: 3 r 7 Passed by the City Council: 5 -r 9 Published: 3 `J Effective Date: l 7 Ordinance Number: D)_ Page 3 of 3 SUMMARY OF ORDINANCE No. 2155 City of Tukwila, Washington On March 5, 2007, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2155, the main points of which are summarized by its title as follows: An ordinance of the City Council of the City of Tukwila, Washington, amending Ordinance No. 2110, as codified at TMC 9.50.030, to address concurrency test fees; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting on March 5, 2007. 496 E. Cantu, Cl/IC, City Clerk Published Seattle Times: March 8, 2007 0--/