17.148.080 Certificates of capacity for transportation, water and sewer.
(1) Issuance. Certificates of capacity, guaranteeing the availability of capacity in the city’s transportation, water, and sewer facilities subject to the terms contained herein, shall be issued prior to the issuance of a final development permit. If applicable, payment of fee and/or performance of any condition required by a service provider shall be a condition of certificate of capacity issuance. Certificates of capacity may be issued immediately upon approval of a preliminary development permit or at the time of the final development permit issuance. Administrative procedures may specify issuance of certificate of capacity at an earlier time frame and conditions required thereof. 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, except as provided for phased projects.
(2) A certificate of capacity shall apply only to the specific land uses, densities, intensities and development projects described in the application and development permit.
(3) A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land. The developer may, as part of a development permit application, designate the amount of capacity to be allocated to portions of the property, such as lots, blocks, parcels, or tracts included in the application. Capacity may be reassigned or allocated within the boundaries of the original property by application to the director.
(4) Phasing.
(a) Phased Projects. A certificate may be issued for a phase of a project if the underlying permit is only for a phase. In this case the certificate shall be conditioned to note that certificates are required for future phases.
(b) Phased Improvements. If a certificate is issued for a whole project that is to be completed in phases and that requires mitigation, the certificate may allow mitigation to be phased so long as the mitigation ensures capacity for each phase.
(5) Life Span of Certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, so shall the certificate of capacity. If the accompanying development permit does not expire, the certificate of capacity shall be valid for one year from the date of issuance. The director may approve an extension of up to one year.
(6) Unused Capacity. Any capacity that is not used because the developer decides not to develop, or the accompanying development permit expires, shall be returned to the available pool of capacity. (Ord. 1418 § 18, 2016; Ord. 1164 § 4, 2004; Ord. 1092 § 1, 2000. Formerly 17.148.070).