12.100.110 Provision of needed transportation facilities.
(1) The City shall determine that transportation facilities are available to support development at adopted TAM standards within six years of the impacts of such development. The City shall require at the time the certificate of concurrency is issued that:
(a) The necessary facilities and services are in place at the time a development approval is issued; or
(b) The necessary facilities will be complete within six years of development approval:
(i) The necessary facilities are under construction at the time a development approval is issued, and financial commitment is in place to complete the necessary facilities within six years of issuance of development approval; or
(ii) The necessary facilities are the subject of a binding executed contract of development agreement which provides for the actual construction or financial commitment of the required facilities, guarantees that the necessary facilities will be in place within six years of issuance of development approval, and provides that the capital project is included in, or will be added to, the committed network for the transportation adequacy measure, the transportation element of the comprehensive plan, and the six-year capital improvements program; or
(iii) The City has in place financial commitments to complete the necessary public facilities or strategies within six years of issuance of development approval; or
(c) Development approvals are issued subject to a binding executed contract, development agreement or other binding condition which provides that any facilities and strategies necessary to meet concurrency requirements after issuance of development approval will be in place within six years of occupancy and use of the development.
(2) The certificate of concurrency shall be binding on the City at such time as the applicant provides assurances, acceptable to the City in form and amount, to guarantee the applicant’s pro rata share of the cost of capital improvements needed for concurrency as determined by the mitigation payment system, CMC Title 19.
(3) The Director may make adjustments to the committed network for TAM for corrections, updates, and modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the adopted comprehensive plan, or the date of construction (so long as it is completed within the six-year period) of any facility enumerated in the capital improvements program.
(4) The City shall identify projects in the adopted six-year CIP required for the committed network for the transportation adequacy measure and any capital improvements for which a binding agreement has been executed with another party. (Ord. 16-16 § 2; Ord. 06-13 § 2 (Exh. A); Ord. 38-02 § 2 (12.70.100))