ORD NO. 2014-03 TRANSPORTATION CONCURRENCYORDINANCE NO. 2014-03
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to adequate transportation facilities for new development,
implementing the concurrency provisions of the Growth
Management Act and revising Chapter 15.32 of the Bainbridge
Island Municipal Code.
WHEREAS, the State of Washington Growth Management Act, RCW Chapter 36.70A
and related sections (the "GMA"), requires the City to adopt a Comprehensive Plan that provides
adequate transportation facilities to serve development; and
WHEREAS, the City adopted a Comprehensive Plan that includes a Capital Facilities
Plan and other elements that plan for adequate transportation facilities; and
WHEREAS, the Comprehensive Plan was adopted September 1, 1994 and subsequently
. amended, and the Capital Facilities Plan is updated and amended annually; and
WHEREAS, the Comprehensive Plan contains a Transportation Element that adopts
Level of Service standards for transportation facilities on Bainbridge Island; and
WHEREAS, RCW 36.70A.070(6) specifically requires adoption of an ordinance which
prohibits development approval if the development causes the level of service on a transportation
facility to decline below the standards adopted in the Transportation Element of the
Comprehensive Plan, unless transportation improvements or strategies to accommodate the
· impacts of development are made concurrent with the development; and
WHEREAS, on April 25, 2001, the Bainbridge Island City Council adopted Ordinance
No. 2001-09 adding Chapter 15.32, Transportation Concurrency, to the Bainbridge Island
Municipal Code; and
WHEREAS, the City is revising Chapter 15.40, Traffic Studies for Development, of the
Bainbridge Island Municipal Code and wishes Chapters 15 .3 2 and 15 .40 of the Bainbridge Island
Municipal Code to be congruent; and
WHEREAS, the City is undertaking a comprehensive transportation plan update that will
re-examine such issues as level of service and functional road classifications, and the City
Council intends to again review the provisions of Chapter 15 .32 BIMC when that plan is
·complete;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 15.32.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
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15.32.020 Definitions.
"Certificate of concurrency" means the document issued by the city
indicating the location or other description of the property on which the
development is proposed, the type of development permit for which the certificate
is issued, the uses, densities, and intensities of the development approved for the
property, the transportation facilities that are available and reserved for the
property described in the certificate, and an expiration date of the certificate.
"Concurrency" means that adequate transportation improvements or
strategies needed to maintain the adopted level of service standards are in place at
the time of development or that a financial commitment is in place to provide the
improvements or strategies within six years.
"Concurrency test" means a comparison of a development's impact on the
level of service standards to determine whether adequate capacity exists on the
affected transportation facilities.
"Development" means improvements to, or changes in use of land that
results in more dwelling units or buildings, or changes in the use of the land,
buildings or improvements on the land in a manner that increases the impact on
transportation facilities, that requires a development permit from the city.
"Development permit" means any order, permit or other official action of
the city granting, or granting with conditions, an application for development.
"Level of service standard" means a measurement of the quality of service
provided by a facility including traffic conditions along a given roadway or at a
particular intersection. Descriptions and measuring methodology shall be as
provided in the "levels of service" section of the transportation element of the
comprehensive plan and are in accordance with the Transportation Research
Board's Highway Capacity Manual (HCM).
"Transportation facilities" shall means transportation facilities as defined
in BIMC 15.40.050 roads and streets.
Section 2. Section 15.32.030 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.030 Concurrency requirement.
A. The following development permit applications shall be subject to a
concurrency test which shall be conducted in the processing of the development
permit application:
1. Preliminary plat (subdivision of five or more residential lots);
2. Site plan and design review;
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B •
3. Any other la:i-1~M-ef development permit~e--£H!a'EH±ie2'--G-F--WJl'He.R--1Nftliffi:
increase the demand for transportation facilities by that generates 5 0 or more
average trips per day (ADT) or 5 or more AM or 5 or more PM peak hour trips,
per the latest edition of the ITE Trip Generation Manual.
B. The following development permits are exempt from this chapter, and
applicants may submit applications, obtain development permits and commence
development without a certificate of concurrency:
1. Any development permit issued for uses, densities and intensities that
were disclosed in a completed application filed before the effective date of
this chapter.
2. Any development permit for development that generates less than 50 trips
per day except a-s-_J'}fe:vided for the number of trips described in subsection
A,l of this section.
C. A traffic impact analysis sttl4y sufficient for the city engineer to perform a
concmTency test shall be provided in accordance with the procedures of Chapter
15.40 BIMC.
D. The city shall not issue a development permit until:
1. A concurrency test has been conducted in accordance with BIMC
15.32.040 and a certificate of concurrency has been issued; or
2. The application has been determined to be exempt from the concurrency
test as provided in subsection B of this section.
E. A fee as established by city council resolution shall be charged for all
development applications subject to the concurrency test in subsection A
of this section.
Section 3. Section 15.32.040 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.040 Concurrency test.
A. The city engineer shall perform a concurrency test for each application for
a development permit which is not otherwise exempt from the requirements of
this chapter, to determine if adequate capacity exists on affected transportation
facilities.
B. If the capacity of transportation facilities affected by the proposed
development is equal to or greater than the capacity required to maintain the level
of service standard for the impact of the development, the concurrency test is
passed, and the city engineer shall issue a certificate of concurrency.
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C. If the capacity of transportation facilities affected by the proposed
development is less than the capacity required to maintain the level of service
standard for the impact of the development, the concurrency test is not passed,
and the city engineer shall issue a letter denying a certificate of concurrency. The
applicant may re-test for concurrency after doing one or both of the following:
1. Amend the application to reduce the need for capacity of
transportation facilities in order to maintain the affected transportation
facilities adopted level of service at the same level of service that existed
at lbe time of complete development permit application submittal; or
2. Arrange to provide capacity for transportation facilities that
maintains the affected transoortation facilities level of service at the same
level of service that existed at the time of complete development permit
application submittal is not otherwise available.
D. The city engineer shall conduct the concurrency test first for the earliest
completed development application received. Subsequent applications will be
tested in the same order as the city receives completed applications.
E. A concurrency test, and any resulting certificate of concurrency, shall be
administrative actions of the city that are categorically exempt from the State
Environmental Policy Act (SEP A).
Section 4. Section 15.32.050 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.050 Level of service standards.
In conducting the concurrency test, the city engineer shall use the level of
service standards for transportation facilities adopted in the transportation element
of the comprehensive plan, as amended.
Section 5. Section 15.32.060 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.060 Certificate of concurrency.
A. The Public Works Director city engineer or designee shall have the authority to
issue a certificate of concurrency.
B. A certificate of concurrency shall be valid for the same period of time as the
development permit with which i~ was issued, except that if the development permit does
not expire, the certificate of concurrency shall expire after three years.
C. A certificate of concurrency may be extended according to the same terms and
conditions as the underlying development permit. If a development permit is granted an
extension, the certificate of concurrency, if any, shall also be extended, except that
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certificates of concurrency shall not be extended more than two times. Certificates of
concurrency shall not be extended beyond the expiration of the underlying development
permit, or any extensions thereof.
D. A certificate of concurrency is valid only for the uses and intensities authorized
for the development permit with which it is issued. Any change in use or intensity that
increases the impact of development on transportation facilities is subject to an additional
concurrency test of the incremental increase in impact on transportation facilities.
E. A certificate of concurrency is valid only for the development permit with whicp
it is issued, and for subsequent development permits for the same property, as long as the
applicant obtains the subsequent development permit and where the use or intensity has
not changed, and the previous development permit has not expired.
F. A certificate of concurrency runs with the land, and cannot be transferred to a
different property. A certificate of concurrency transfers automatically with ownership of
the property for which the certificate was issued. Upon subdivision of a property that has
obtained a certificate of concurrency, the city shall replace the certificate of concurrency
by issuing a separate certificate of concurrency for each subdivided parcel, assigning to
each a pro rata portion of the transportation facility capacity or other measure that was
reserved for the original certificate.
G. A certificate of concurrency shall expire if the underlying development permit
expires or is revoked or denied by the city and the certificate has not been extended to a
subsequent development permit for the same property.
Section 6. Section 15.32.070 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.070 Appeals.
A. An applicant may, within 10 calendar days of the date of denial of a
certificate of concurrency, appeal the denial on the following grounds:
1. The city engineer committed a technical or mathematical error; or
2. The applicant provided alternative data that was rejected by the
city engineer.
B. Appeal of denial of a certificate of concurrency shall be to the hearing
examiner in accordance with BIMC 2.16.020.PW. The period of the
appeal shall be excluded from the permit processing time period of BIMC
2.16.020.J.
Section 7. Section 15.32.080 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.32.080 Annual reporting and monitoring
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The Public Works Director or designee efty---efl-gffieeF shall monitor the city's
transportation facilities and issue an annual report, no later than June 30th of each
year, which shall include the following:
A. A summary of the level of service for the city's roads as currently
monitored, noting which, if any, are below the adopted level of service·
standards adopted_in the city's comprehensive plan;
B. A summary of significant current and future development activity likely to ·
have an adverse impact on the level of service on the city's roads; and
C. Recommendations, based on growth projections and monitoring data, for
amendments to the city's capital improvements program and the city's six-
year capital facilities plan for transportation facilities identified m
subsection A of this section.
Section 8. This ordinance shall take effect and be in force five days from and after its passage,
approval and publication as required by law.
PASSED BY THE CITY COUNCIL this 22nd day of January, 2014.
APPROVED BY THE MAYOR this 22nd day of January, 2014.
ATTEST/ AUTHENTICATE:
FILED WITH THE CITY CLER!(:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
An ne S. Blair, Mayor
January 3, 2014
January 22, 2014
January 24, 2014
January 29, 2014
2014-03
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