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13.16 - 1 CHAPTER 13.16 TRANSPORTATION IMPACT FEES SECTION: 13.16.010: Title 13.16.020: Purpose and Intent 13.16.030: Findings and Authority 13.16.040: Definitions 13.16.050: Transportation Impact Fees Methodology and Applicability 13.16.060: Assessment of Impact Fees 13.16.070: Independent Fee Calculations 13.16.080: Exemptions 13.16.090: Credits 13.16.100: Adjustments 13.16.110: Establishment of Impact Fee Account 13.16.120: Authorization for Interlocal Agreements 13.16.130: Administrative Guidelines 13.16.140: Refunds 13.16.150: Use of Funds 13.16.160: Periodic Adjustment of Rates 13.16.170: Review by Director and Appeals 13.16.180: Existing Authority Unimpaired 13.16.190: Relationship to State Environmental Policy Act (SEPA) 13.16.200: Relationship to Concurrency Management 13.16.010: Title: This code shall be hereinafter known as the City of Kennewick transportation impact fee (TIF). (Ord. 5596 Sec. 3, 2015) 13.16.020: Purpose and Intent: The purpose and intent of this chapter is for the collection of impact fees for streets and roads, and providing for certain other matters in connection therewith. (Ord. 5596 Sec. 3, 2015) 13.16.030: Findings and Authority: The City Council of the City of Kennewick hereby finds and determines that development activities, including, but not limited to, new residential, commercial, retail, office, and industrial development in the City of Kennewick will create additional demand and need for public facilities in the City, and the Council finds that such new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The City of Kennewick has conducted research and analysis documenting the procedures for measuring the impact of new developments on public facilities, has prepared the “2015 Transportation Impact Fee (TIF) Rate Study” dated April 13th, (“Rate Study”). The Rate Study utilizes a methodology for calculating impact fees that fulfills all of the requirements of RCW 82.02.060(1). The City of Kennewick has prepared a Fee Schedule based upon a Council approved rate per new P.M. ---PAGE BREAK--- 13.16 - 2 Peak Hour Trip. The Rate Study and Fee Schedule are incorporated into this title by this reference. A copy of the Rate Study and the Fee Schedule shall be kept on file with the Public Works Department and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this chapter to assess impact fees for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the Council in establishing the impact fee program. (Ord. 5596 Sec. 3, 2015) 13.16.040: Definitions: The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. Applicant means a person who applies for a building permit under this article and who is the owner of the subject property or the authorized agent of the property owner. Base Rate means the fee per new P.M. Peak Hour trip as approved by the City Council. Building Permit means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. Capital Facilities Plan means the capital facilities element of the City's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. Certificate of Occupancy means an official document or certification which is issued by the Community Planning Department under the direction of the Building Official after all inspections have been completed, all documents retained, and there is no apparent Building Code violations, authorizing occupancy of a building and/or structure Council means the City Council of the City. Department means the City's Department of Public Works. Development Activity means any work, condition, or activity which requires a permit or approval under the city's subdivision, zoning, or building code. Exempt permits are set forth in KMC 13.16.080. Development Approval means any written authorization from the City authorizing the commencement of a development activity or use. (10) Director means the Director of the Department of Public Works of the City of Kennewick or her/his designee (11) Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. (12) Fee Schedule means the schedule of Transportation Impact Fees broken out by ITE Land Use Code. (13) GFA is the Gross Floor Area in square feet of the development. This term is used in the Fee Schedule and the impact fee per unit is set based on a per 1,000 square feet of GFA basis. Alternatively the Fee Schedule refers to GLA, or Gross Leasable Area in some instances. (14) Hearing Examiner means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 4.02 KMC. (15) Impact fee means a payment of money imposed by the City of Kennewick on development activity pursuant to this title as a condition of granting development approval. ---PAGE BREAK--- 13.16 - 3 “Impact fee” does not include a reasonable permit fee, an application fee, or the cost of reviewing independent fee calculations. (16) Independent Fee Calculation means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of an impact fee other than by the use of the rates listed in the Fee Schedule, or the calculations prepared by the Director where none of the fee categories or fee amounts in the transportation impact fee in the Fee Schedule accurately describe or capture the impacts of the development activity on public facilities. (17) Interest means the average interest rate earned in the last fiscal year by the City of Kennewick. (18) ITE Land Use Code means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the latest edition of Trip Generation Manual. (19) City Code Section means the City of Kennewick Municipal Code or, when followed by a numerical designation, a provision of the Kennewick Municipal Code. (20) P.M. Peak Hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays. (21) P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the P.M. Peak Hour. (22) Project Improvements mean site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. (23) Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the City of Kennewick or other governmental entities: public streets and roads. (24) Rate Study means the technical memo “2015 Transportation Impact Fee (TIF) Rate Study” dated April 13th, 2015. (25) Residential or Residential Development means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. (26) RCW means the Revised Code of Washington or, when followed by a numerical designation, a provision of the Revised Code of Washington. (27) Street or Road means a public right-of-way and all related appurtenances, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as “transportation.” (28) System Improvements means public facilities that are included in the City of Kennewick's capital facilities plan, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. (29) Transportation Impact Fee Account(s) means the account(s) established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KMC 13.16.110, and shall comply with the requirements of RCW 82.02.070. ---PAGE BREAK--- 13.16 - 4 (30) Transportation Network means public streets, roads, and related appurtenances. (Ord. 5596 Sec. 3, 2015) 13.16.050: Transportation Impact Fees Methodology and Applicability: The transportation impact fee rates are generated from the formula for calculating impact fees set forth in the Fee Schedule, which is on file with the Public Works Department. Except as otherwise provided for in independent fee calculations in KMC 13.16.070, exemptions in KMC 13.16.080, and credits in KMC 13.16.090, all new development activity in the City will be charged the transportation impact fee applicable to the type of development as set forth in the current Transportation Impact Fee Schedule as adopted by Council. (Ord. 5596 Sec. 3, 2015) 13.16.060: Assessment of Impact Fees: The City shall collect impact fees, based on the land use categories and rates on the current Fee Schedule, from any applicant seeking development permits from the City where such development activity requires the issuance of a building permit or approval for a change in use, except for development exempt under KMC 13.16.080. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the Fee Schedule that applies to the application. All impact fees shall be due and payable prior to issuance of the certificate of occupancy based on the land use categories on the Fee Schedule. Prior to issuance of a single family residential building permit, the applicant may elect to defer payment of the impact fee to the time of closing of sale of the unit. If this option is selected, the City shall record a covenant against the property for the payment of the impact fee in effect at time of application for deferral. Any fees associated with filing/recording the covenant, shall be paid by applicant. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated based on the impact Fee Schedule in effect at the time a completed building permit application is filed. The term of the impact fee deferral for a single family residential unit may not exceed eighteen (18) months from the date of building permit issuance. For a change in use for which no building permit is required, the fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. The public works department shall establish the transportation impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the City for purposes of determining the impact fee rate pursuant to KMC 13.16.070. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generate additional trips, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. ---PAGE BREAK--- 13.16 - 5 For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the transportation impact fee rates set forth in the Fee Schedule. The Community Planning Department shall not issue the required certificate of occupancy until the transportation impact fees set forth in the Fee Schedule have been paid as set forth in the Fee Schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. (Ord. 5596 Sec. 3, 2015) 13.16.070: Independent Fee Calculations: If in the judgment of the Director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the Director may impose alternative fees on a specific development based on those calculations. The applicant may opt not to have the impact fees determined according to the fee structure in the transportation impact Fee Schedule listed in the City Fee Schedule, in which case the applicant shall prepare and submit to the Director an independent fee calculation for the development activity for which a development permit is being sought. The documentation submitted shall be prepared by a licensed professional engineer with documentable experience in traffic engineering and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the current edition of the Trip Generation Handbook, by the Institute of Transportation Engineers. An independent fee calculation shall use the same methodology used to establish impact fees set forth in the transportation impact Fee Schedule, shall be limited to adjustments in trip generation rates used in the Fee Schedule, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. The applicant submitting an independent fee calculation will be required to pay the City of Kennewick a fee to cover the cost of reviewing the independent fee calculation. The fee required by the City for conducting the review of the independent fee calculation shall be charged based on the following: For developments generating less than 30 new p.m. peak hour trips per the Fee Schedule, the cost will be $200. For developments generating between 30 and 200 new p.m. peak hour trips per the Fee Schedule, the cost will be $400. For developments generating more than 200 new p.m. peak hour trips per the Fee Schedule, the cost will be $600. There is a rebuttable presumption that the calculations set forth in Fee Schedule are valid. The Director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the Director reasonably deems to be inapplicable, inaccurate or not reliable. The Director may require the applicant to submit additional or different documentation for consideration. The Director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. Determinations made by the Director pursuant to this section may be appealed as set forth in KMC 13.16.170. (Ord. 5596 Sec. 3, 2015) ---PAGE BREAK--- 13.16 - 6 13.16.080: Exemptions: Except as provided for below, the following shall be exempted from the payment of transportation impact fees: Alteration or replacement of an existing nonresidential structure that does not expand the usable space, add any residential units or generate any additional p.m. peak hour trips. Miscellaneous improvements which do not generate increased p.m. peak hour trips, including, but not limited to, fences, walls, residential swimming pools, and signs; Demolition or moving of a structure when additional p.m. peak hour trips are not generated. A change of use that does not generate one or more p.m. peak hour trips. Miscellaneous permits such as Electrical, Fire Protection System, Mechanical, Plumbing, Right-of-way use, Shoreline and sign permits which do not generate any new p.m. peak hour trips. Rezones, Comprehensive Plan Amendments, Land surface modifications, Commercial subdivisions, Boundary line adjustment and Lot line eliminations, which does not generate any new p.m. peak hour trips. Structures constructed by regional transit authority as define in RCW 82.02.09. Any development permit application that has been submitted to the City before 5:00 p.m. the business day before the effective date of this chapter and subsequently determined to be a complete land use application, based on the information on file as of the effective date of this chapter. The Director shall be authorized to determine whether a particular development activity falls within an exemption identified in this KMC 13.16.080 or under other applicable law. Determinations of the Director shall be subject to the appeals procedures set forth in KMC 13.16.170. (Ord. 5596 Sec. 3, 2015) 13.16.090: Credits: An applicant may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are for one or more of the transportation projects listed in the Rate Study as the basis for calculating the impact fee. The Director shall determine if requests for credits meet the criteria in subsection above or under other applicable law. Determinations of the Director shall be subject to the appeals procedure set forth in KMC 13.16.170. Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied. For each request for a credit or credits, the Director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the Director's valuation, the applicant may submit an appraisal for the Director's consideration, prepared by a state certified MAI (Member of the American Institute of Appraisers) or licensed professional engineer and be licensed in good standing ---PAGE BREAK--- 13.16 - 7 pursuant to RCW 18.40 et.seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal. After receiving and reviewing the appraisal, the Director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied with issuance of the building permit. If the total value of any such dedication, improvement or construction cost exceeds the amount of the impact fee obligation, the developer will not be entitled to reimbursement of the difference. No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the subject development above and beyond what is proposed in the capital facilities plan. Any claim for credit must be made before payment of the impact fee and prior to the issuance of the building permit or a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. Determinations made by the Director pursuant to this chapter shall be subjected to the appeals procedures set forth in KMC 13.16.170. (10) No impact fee for a specific development shall be increased or decreased once said fee has been paid. (Ord. 5596 Sec. 3, 2015) 13.16.100: Adjustments: Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study has provided adjustments for future taxes to be paid by the development activity which are earmarked or pro-ratable to the same new public facilities which will serve the new development. The transportation impact fee rates in the Fee Schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. 5596 Sec. 3, 2015) 13.16.110: Establishment of Impact Fee Account: Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing account. The City shall establish a separate impact fee account for the fees collected pursuant to this chapter entitled Transportation Impact Fee Account. Funds withdrawn from the account must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. On an annual basis, the Finance Director shall provide a report to the Council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. Impact fees shall be expended or encumbered within ten (10) years of receipt, unless the Council identifies in written findings extraordinary and compelling reasons for the City to hold the fees beyond the ten (10) year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or encumbered. (Ord. 5596 Sec. 3, 2015) ---PAGE BREAK--- 13.16 - 8 13.16.120: Authorization for Interlocal Agreement: The City Manager is authorized to execute, on behalf of the city, an interlocal agreement with other agencies having authority over transportation facilities to identify impacts and provide mitigation for those impacts. In no case shall mitigation payments to the city be reduced to account for mitigation payments to other jurisdictions. (Ord. 5596 Sec. 3, 2015) 13.16.130: Administrative Guidelines: The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. (Ord. 5596 Sec. 3, 2015) 13.16.140: Refunds: If the City fails to expend or encumber the impact fees within ten (10) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to 13.16.110, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimants must be the owner of record of the real property against which the impact fee was assessed. Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the Director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the appropriate system improvements. Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the City. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the second publication. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the Director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or ---PAGE BREAK--- 13.16 - 9 substantially similar development activity, the owner can petition the Director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The Director shall determine whether to grant an offset, and the determinations of the Director may be appealed pursuant to the procedure in Section 13.16.170. (Ord. 5596 Sec. 3, 2015) 13.16.150: Use of Funds: Pursuant to this title, transportation impact fees: Shall be used for system improvements that will reasonably benefit the new development activity; Shall not be imposed to make up for deficiencies in public facilities; and Shall not be used for maintenance or operation. Transportation impact fees may be spent for public improvements to streets and roads as herein defined and, including, but not limited to, transportation planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of streets and roads and related facilities such as curbs, gutters, sidewalks, bike lanes, storm drainage and installation of traffic signals, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord. 5596 Sec. 3, 2015) 13.16.160: Periodic Adjustment of Rates: The transportation impact fee in the Fee Schedule will be amended to reflect changes to the twenty-year transportation project list as part of adoption of amendments to the capital facilities element of the City’s Comprehensive Plan. Amendment to the schedule for this purpose shall be adopted by the council. The transportation impact fee in the Fee Schedule shall be indexed to provide for an automatic fee increase each January 1st beginning in the year 2017. A three-year moving average of the Washington State Department of Transportation Construction Cost Index will be used to determine the increase in fees for each year to reflect increased project costs. A new rate study, which established the transportation impact fee in the Fee Schedule, shall be updated every three years, unless the city determines that circumstances have not changed to warrant an update. (Ord. 5596 Sec. 3, 2015) 13.16.170: Review by Director and Appeals: The applicant may pay the impact fees imposed by this chapter under protest so that the Certificate of Occupancy, or a change in use when no building permit is required, can be issued. No appeal shall be permitted until the impact fees at issue have been paid. ---PAGE BREAK--- 13.16 - 10 Requests for review regarding the impact fees imposed on any development activity may be filed only by the applicant for the development activity at issue. The applicant must first file a request for review regarding impact fees with the Director, as provided herein: The request shall be in writing on the form provided by the City; The request for review by the Director shall be filed within fourteen (14) calendar days after the applicant's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; No administrative fee will be imposed for the request for review by the Director; The Director shall issue his/her determination in writing. Determinations of the Director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the Director's decision concerning the independent fee calculation which is authorized in Section 13.16.070, or any other determination which the Director is authorized to make pursuant to this chapter, may be appealed by the applicant or owner to the Hearing Examiner per KMC 4.02. The appeal, in the form of a letter of appeal, must be delivered to the Community Planning Department within 14 calendar days after issuance of the decision of the Director. The failure to timely file an appeal shall constitute a final bar to later seek such review. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of this code, the hearings may be combined. For example, if the underlying development permit application is a preliminary plat, the appeal shall be heard at the preliminary plat public hearing. The Hearing Examiner may conduct an open record appeal hearing. The Hearing Examiner only determines whether the fee is reasonable, but does not make adjustment thereto. The Hearing Examiner may remand the matter to the Public Works Director for further consideration consistent with the Hearing Examiner’s findings and decision. (Ord. 5596 Sec. 3, 2015) 13.16.180: Existing Authority Unimpaired: Nothing in this chapter shall preclude the City from requiring the applicant or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapter 43.21C RCW and Chapter 82.02 RCW. (Ord. 5596 Sec. 3, 2015) 13.16.190: Relationship to State Environmental Policy Act (SEPA): All development shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations. Further mitigation in addition to the impact fee shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by an impact fee program. (Ord. 5596 Sec. 3, 2015) 13.16.200: Relationship to Concurrency Management: Neither compliance with this chapter, or the payment of any fee hereunder, shall constitute a determination of transportation concurrency under this chapter. (Ord. 5596 Sec. 3, 2015)