30.66B.175 Optional pre-application concurrency evaluation.
(1) Prior to submitting an application, any developer may request a pre-application concurrency decision in accordance with the requirements of this section. All requirements of this chapter applicable to pre-submittal conferences shall apply to pre-application concurrency evaluations, unless expressly excepted in this section.
(2) A request for a pre-application concurrency evaluation must be made to the department of public works in accordance with the following and in the form and manner prescribed by the department. A pre-application concurrency evaluation is a Type 1 decision and shall be processed in accordance with chapter 30.71 SCC, except as otherwise provided in this chapter and SCC 30.66B.180.
(a) The developer must provide the department of public works with a detailed description of the proposed development’s maximum possible impact on the level-of-service of the road system. The information provided must include projected trip generation and trip distribution, as well as site plan information indicating access points for the development.
(b) The developer must propose a year of expiration date for the requested concurrency determination, which shall be used as the forecast year for the evaluation of future level-of-service conditions on the road system. The expiration date for any concurrency determination issued pursuant to this section for a subsequent development application shall be in accordance with SCC 30.66B.155 and the forecast year used for the pre-application concurrency evaluation.
(c) The developer shall provide a traffic study consistent with SCC 30.66B.035. The department of public works will meet with the developer to identify the scope of the traffic study required to make the pre-application concurrency decision.
(d) Application for a pre-application concurrency evaluation shall be accompanied by a fee payment in the amount specified in SCC 13.110.030. For purposes of SCC 13.110.030, a request for a pre-application concurrency evaluation shall be considered a development application.
(3) Following receipt of a traffic study that meets the requirements established in the pre-application concurrency scoping meeting, notice of the request for a pre-application concurrency evaluation shall be made in accordance with the procedures of SCC 30.70.050. The department of public works will have fourteen (14) days following the close of the public and agency comment period to make a pre-application concurrency decision.
(4) Pre-application concurrency evaluations shall be consistent with the requirements of SCC 30.66B.130, except that the threshold for requiring a traffic study shall be three peak-hour trips instead of fifty (50) peak-hour trips.
(5) A pre-application concurrency evaluation is an action subject to the requirements of chapter 30.61 SCC.
(6) If the department of public works’ pre-application concurrency decision is that the proposed development can be determined concurrent, the department will issue a pre-application concurrency approval. If the pre-application concurrency decision is that the proposed development cannot be determined concurrent, the department shall notify the developer in writing of the decision and the reasons therefore. The developer shall have 90 days from such notification to respond with revisions or alternative analyses or proposals. Responses may include revisions to the traffic study, alternative analysis of the conclusions drawn by the department, or utilization of options under SCC 30.66B.167. A response shall be treated like a new application for a pre-application concurrency decision.
(7) The department of planning and development services shall provide notice of the department of public works’ pre-application concurrency decision and the time period for filing an administrative appeal in accordance with SCC 30.71.050. The pre-application concurrency decision may be appealed pursuant to SCC 30.66B.180.
(8) A development with a pre-application concurrency approval that is valid at the time of application submittal will be deemed concurrent under SCC 30.66B.135 without further review, provided that the administrative appeal period for the concurrency approval has expired or the concurrency approval has been upheld on appeal and there is no further opportunity for administrative or judicial review.
(9) Concurrency determinations for developments that received a pre-application concurrency approval shall not be subject to further administrative review or appeal during project review, including review pursuant to the State Environmental Policy Act (SEPA).
(10) A pre-application concurrency approval shall be valid only for subsequent development applications for the same parcel of property and where the maximum possible impact on the level-of-service of the road system established in the pre-application concurrency approval is not exceeded by the proposed development. A pre-application concurrency approval cannot be transferred to a different parcel of property.
(11) Pre-application concurrency approvals under this subsection shall be valid for six months following the notice of decision unless an appeal is pending, in which case the approval shall be valid for six months following resolution of all appeals. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 03-127 *see Code Reviser Note at beginning of Chapter, Nov. 5, 2003, Eff date Nov. 17, 2003; Amended by Amended Ord. 05-092, Dec. 21, 2005, Eff date Feb. 1, 2006).