Spokane Municipal Code

Title 17D City-wide Standards

Chapter 17D.010 Concurrency Certification

Section 17D.010.020 Concurrency Test

1. Application.

All development permit applications are subject to a concurrency test except those exempted in SMC 17D.010.030. If a concurrency test is conducted for the preliminary plat application, no concurrency test shall be required for the final plat application.

2. Procedures.

The concurrency test will be performed in the processing of the development permit and conducted by the appropriate facility and service providers.

1. 1. The planning and economic development services department shall provide the overall coordination of the concurrency test by notifying the facility and service providers of all applications (not including applications for building permits which shall be processed and coordinated by the building services department in a manner consistent with this chapter) requiring a concurrency test as set forth in subsection (A) of this section; notifying the facility and service providers of all exempted applications which use capacity as set forth in SMC 17G.061.120(B)(3); notifying the applicant of the test results; notifying the facility and service providers of the final outcome (approval or denial) of the development permit; and notifying the facility and service providers of any expired development permits or discontinued certificates of capacity. Failure by the notified facility and service provider to respond shall be construed as a finding that concurrency is met.

1. 2. All facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity.

1. 3. The facility and service providers shall be responsible for annually reporting to the planning and economic development services department the total available and planned capacity of their facility or service as of the end of each calendar year. Such reporting shall be made no later than July 1st for inclusion in the amendment process of the City of Spokane comprehensive plan.

3. Test.

Development applications that would result in a reduction of a level of service below the minimum level of service standard cannot be approved. For public water, public wastewater (sewer and stormwater), solid waste disposal and recycling only available capacity will be used in the concurrency test. For transportation, police protection, fire protection, schools, parks and recreation and libraries available and planned capacity will be used in conducting the concurrency test.

1. 1. If the capacity of concurrency facilities, either existing or as planned, is equal to or greater than the capacity required by the development permit to, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of SMC 17D.010.030.

1. 2. If the concurrency test is not passed, the applicant may accept a ninety-day reservation of concurrency facilities that exist and:

1. 1. 1. modify the application to reduce the need for concurrency facilities that do not exist;

1. 1. 2. demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;

1. 1. 3. arrange with the service provider for the provision of the additional capacity of concurrency facilities required; or

1. 1. 4. appeal the results of the concurrency test to the hearing examiner in accordance with the provisions of SMC 17D.010.050. The ninety-day reservation period is tolled from the date an appeal is filed until the date the hearing examiner signs his written opinion.

4. Concurrency Inquiry – Application.

An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. As set forth in SMC 8.02.0696, a fee may be charged for such concurrency test. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in SMC 17D.010.030.

Date Passed: Monday, November 26, 2007

Effective Date: Wednesday, January 2, 2008

ORD C34135 Section 8