(1) A certificate of concurrency shall be issued by the Director or the Director’s designee. Issuance of a certificate creates a rebuttable presumption that the proposed development satisfies the concurrency requirements of this chapter. The determination of concurrency shall be final at the time of development approval. The issue of concurrency may be raised as part of the review process for the development application for which the certificate of concurrency was issued.

(2) Upon issuance of a certificate of concurrency, the City shall reserve development units on behalf of the applicant, and indicate the reservation on the certificate of concurrency.

(3) A certificate of concurrency shall expire if the development permit for which the concurrency is reserved is not applied for within 180 days of issuance or extension of the certificate of concurrency. A certificate of concurrency shall be required in application for a formal subdivision plat and for a nonresidential short plat and for a commercial building permit.

(4) A certificate of concurrency shall be valid for the development permit application period and subsequently for the same period of time as the development approval which is issued pursuant to the certificate of concurrency. If the development approval does not have an expiration date, the certificate of concurrency shall be valid for five years from the date of issuance.

(5) A certificate of concurrency shall be valid for an initial 180-day period and may be extended one time for an additional 180 days by the Director; provided, that the holder of the original certificate or his agent has, before the time of expiration of the original certificate, scheduled a preapplication meeting with the Community Development Department, has requested such extension in writing to the Director and has paid the extension fee. A further 90-day extension of a certificate of concurrency by the Director shall be made only under extraordinary circumstances, and shall require the receipt of a current certificate of water availability.

(6) A certificate of concurrency can be extended to remain in effect for the life of each subsequent development approval for the same parcel, as long as the applicant obtains the subsequent development approval prior to the expiration of the earlier development approval. No development shall be required to hold more than one valid certificate of concurrency, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity or land use that creates additional impacts on transportation facilities.

(7) A certificate of concurrency runs with the land and is valid only for subsequent development approvals for the same parcel, and to new owners of the original parcel for which it was issued. A certificate of concurrency cannot be transferred to a different parcel and shall be limited to uses and intensities for which it was originally issued.

(8) Upon subdivision of a parcel that has obtained a certificate of concurrency, the City may replace the certificate of concurrency by issuing a separate certificate of concurrency to each subdivided parcel, assigning to each a pro rata portion of the development units of the original certificate. The Director may modify such assignment upon petition of the owner.

(9) A certificate of concurrency shall expire if the underlying development approval expires or is revoked or denied by the City.

(10) All development approvals that voluntarily provide funding for one or more transportation facilities by the development or entities other than the City shall be conditioned to require that prior to the issuance of any final development approval the availability of such transportation facilities or financial arrangements has been confirmed.

(11) Upon annexation of any development, the provisions for the certificate of concurrency shall be enforced by interlocal agreement with the County. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.70.080))