§ 3.92.050. Findings of concurrency

A. Prior to approving proposed subdivisions, dedications, short plats, short subdivisions, planned unit developments, or binding site plans, the council or administrative personnel shall make written findings that the public parks and recreation facilities needed as a result of the new residential development will be provided concurrent with development. The concurrency requirement is satisfied if the improvements are in place at the time the impacts of development occur, or that the necessary financial commitments are in place, which shall include the impact fees anticipated to be generated by the development, to complete the improvements required to meet the specified standards of service established at the time that the impacts of development occur. Any combination of the following shall constitute the "necessary financial commitments" for the purposes of this title:

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 that the fee 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 adopted capital facilities plan; and/or

4. The city has other assured funding, including but not limited to impact fees which have been paid.

B. Compliance with this concurrency requirement shall be sufficient to satisfy the provisions of RCW 58.17.110, RCW 58.17.060. The finding of concurrency shall be made at the time of preliminary plat or PUD approval or at the time of binding site plan approval.

C. The city shall not approve applications for preliminary plats or PUDs, or applications for residential 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 3.92.080 of this chapter governing credits, where appropriate, the city can make a finding of concurrency.

D. A finding of concurrency provided to the applicant at the time of preliminary plat or PUD approval, or at the time of binding site plan approval, shall be valid for a period of six years from the date of receipt. If pursuant to law, an applicant requests an extension of the three-year period between the date of preliminary and final plat or PUD approval, the applicant shall be subject to a new concurrency determination prior to the granting of a request for an extension.

E. 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. 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. 2474 § 3, 1998)