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(1) If a development is proposed within a transportation service area which contains one or more arterial units in arrears or designated as ultimate capacity, then the development may only be determined concurrent based on a trip distribution to determine the impacts of the development on the arterial units. The department of public works shall not determine concurrent any development generating more than 50 peak-hour trips which would impact an arterial unit in arrears or likely cause any arterial unit to fall into arrears, except when the developer proposes to either modify the development so as to not impact the arterial unit in arrears or remedy any arterial unit in arrears in accordance with SCC 30.66B.170.

(2) If a development’s trip distribution indicates the development will place:

(a) Less than three directional peak-hour trips on any arterial unit determined in arrears or designated as ultimate capacity, then the development shall be deemed concurrent.

(b) Three or more directional peak-hour trips on any arterial unit determined in arrears, then the development shall not be determined concurrent except when the developer proposes to either modify the development so as to not impact the arterial unit in arrears or remedy any arterial unit in arrears in accordance with SCC 30.66B.170.

(c) Three or more directional peak-hour trips on any arterial unit designated as ultimate capacity, then the development shall be determined concurrent only if the developer proposes to mitigate its road system impact by:

(i) Making access management and circulation provisions for the arterial unit consistent with any access management and circulation plan adopted pursuant to SCC 30.66B.110(1)(a); and

(ii) Providing sufficient transportation demand management (TDM) measures under SCC 30.66B.610 through 30.66B.650 to indicate the potential for removing a minimum of five percent of the development’s peak-hour trips from the road system.

(d) Three or more directional peak-hour trips on any arterial unit designated as ultimate capacity that directly connects a state highway with a city or town, and there is an interlocal agreement under SCC 30.61.230(6) between the county and the city or town addressing the arterial unit designated as ultimate capacity, then the development shall be determined concurrent only if proposed mitigation is consistent with the terms of the interlocal agreement and this chapter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-092, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Ord. 16-010, June 1, 2016, Eff date June 15, 2016).