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Article V. Procedure for Determining Capacity
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A. In order to determine concurrency for the purposes of issuance of a transportation CRC, the director shall make the determination described in subsection B of this section. In order to determine concurrency for the purpose of issuance of a water CRC, the director shall make the determination described in subsection C of this section. In order to determine concurrency for the purpose of issuance of a sewer CRC, the director shall make the determination described in subsection D of this section. The director may deem the development concurrent with road facilities or the city’s water system, with the condition that the necessary facilities or services shall be available when the impacts of the development occur or shall be guaranteed to be available through a financial commitment in an enforceable development agreement (which shall be in a form approved by the city attorney). In no event shall the director determine concurrency for a greater amount of capacity than is needed for the development proposed in the underlying permit application.

B. Transportation.

1. Upon submission and acceptance of a complete transportation CRC application, the director shall conduct a traffic impact analysis and issue a traffic report for those applications meeting the requirements of GHMC 19.10.003(B)(1).

2. In performing the concurrency evaluation for transportation facilities, and to prepare the transportation CRC, the director shall determine, based on the conclusions of the traffic report, whether a proposed development can be accommodated within the existing or planned capacity of transportation facilities. This shall involve the following:

a. A determination of anticipated total capacity at the time the proposed impacts of development occur;

b. Calculation of how much of that capacity will be used by existing developments and other planned developments at the time the impacts of the proposed development occur;

c. Calculation of the available capacity for the proposed development;

d. Calculation of the impact on the capacity of the proposed development, minus the effects of any mitigation identified by the applicant to be provided by the applicant at the applicant’s cost; and

e. Comparison of available capacity with proposed development impacts.

3. The director shall determine if the capacity of the city’s transportation facilities, less the capacity which is reserved, can be provided while meeting the level of service performance standards set forth in the city’s comprehensive plan, and, if so, shall provide the applicant with a transportation CRC. The director’s determination will be based on the application materials provided by the applicant, which must include the applicant’s proposed mitigation for the impact on the city’s transportation facilities.

C. Water.

1. In performing the concurrency evaluation for water, and to prepare the water CRC, the director shall determine whether a proposed development can be accommodated within the existing or planned capacity of the city water system. This shall involve the following:

a. A determination of anticipated total capacity at the time the proposed impacts of development occur;

b. Calculation of how much of that capacity will be used by existing developments and other planned developments at the time the impacts of the proposed development occur;

c. Calculation of the available capacity for the proposed development;

d. Calculation of the impact on the capacity of the proposed development, minus the effects of any mitigation provided by the applicant; and

e. Comparison of available capacity with proposed development impacts.

2. The director shall determine if the capacity of the city’s water facility, less the capacity which is reserved, can be provided while remaining within the city’s permitted water rights for withdrawal volume, and, if so, shall provide the applicant with a water CRC.

D. Sewer.

1. In performing the concurrency evaluation for sewer, and to prepare the sewer CRC determination, the director shall determine whether a proposed development can be accommodated within the existing or planned capacity of the city’s sewer system. This shall involve the following:

a. A determination of anticipated total capacity at the time the proposed impacts of development occur;

b. Calculation of how much of that capacity will be used by existing developments and other planned developments at the time the impacts of the proposed development occur;

c. Calculation of the available capacity for the proposed development;

d. Calculation of the impact on the available capacity for the proposed development, minus the effects of any mitigation provided by the applicant; and

e. Comparison of available capacity with proposed development impacts.

2. The director shall determine if the capacity of the city’s wastewater treatment plant, less the capacity which is reserved, can be provided while remaining within the city’s NPDES permit for discharge volumes and levels, and, if so, shall provide the applicant with a sewer CRC.

E. Lack of Concurrency.

1. Transportation. If the director determines that the proposed development will cause the LOS of a city-owned transportation facility to decline below the standards adopted in the transportation element of the city’s comprehensive plan, and improvements or strategies to accommodate the impacts of development are not planned to be made concurrent with development, a transportation CRC and the underlying development permit, if such an application has been made, shall be denied. Upon denial, the applicant may perform one of the following:

a. Appeal the findings of the traffic report in accordance with GHMC 19.10.021;

b. Offer alternative data and/or perform an independent traffic impact analysis at the applicant’s sole expense in support of alternative conclusions. Any study shall be in accordance with GHMC 19.10.027;

c. Modify the development proposal to lessen the traffic impacts and/or identify voluntary transportation improvements as mitigation to be provided by the applicant at the applicant’s cost and re-apply for capacity review. Re-application shall require repayment of the traffic report preparation fee in accordance with GHMC 19.10.011(B); or

d. Withdraw the CRC application.

2. Water. If the director determines that there is no capacity available in the city’s water system to provide water for a proposed project, and improvements or strategies to accommodate the impacts of development are not planned to be made concurrent with development, the director shall deny the water CRC. The city has the discretion allowed under the Gig Harbor Municipal Code to deny the underlying development application, depending on the applicant’s ability to provide water for the proposed project from another source. (Ord. 1081 § 3, 2007; Ord. 1044 § 1, 2006; Ord. 862 § 1, 2001; Ord. 818 § 1, 1999).