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For the purpose of this chapter the terms, phrases, words and their derivations have the following definitions. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The word “shall” is always mandatory. The word “may” is permissive. The public works director shall have the authority to resolve questions of interpretation or conflicts between definitions.

A. “Adopted LOS standards” means the level of service (LOS) standards specified by the transportation element of the Lynnwood comprehensive plan as amended.

B. “Affected intersection” means any intersection within the city for which an LOS has been identified in this chapter.

C. “Applicant” means a person who applies for a capacity reservation certificate (CRC) and who is the owner of the subject property or the authorized agent of the property owner.

D. “Available transportation facilities” means that the necessary road facilities are in place or that a financial commitment is in place to provide the road facilities within six years of the time of development, consistent with WAC 365-196-840.

E. “Build-out year conditions” means the volume of traffic that is projected to occur on the roadway system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic and the anticipated traffic from all proposals for which capacity has been reserved under the provisions of this chapter.

F. “Capacity” means the availability of an affected intersection or intersections to accommodate increased traffic resulting from a development without causing the delay at the intersection or intersections to fall below the LOS standards established in this chapter.

G. “Capacity, available” means capacity that can be encumbered, reserved, or committed to future users, expressed in an appropriate unit of measure, such as peak hour trips.

H. “Capacity, reserved” means capacity that has been allocated to a particular property through issuance of a capacity reservation certificate reserving capacity for a set period of time.

I. “Capacity reservation certificate (CRC)” means a written determination of the public works director pursuant to the terms and conditions of this chapter that confirms adequate capacity for each affected intersection has been reserved to serve specific land development.

J. “City” means the city of Lynnwood, Washington.

K. “Concurrency evaluation” means technical analysis in accordance with standard engineering practices to determine impacts upon transportation facilities, with documentation of impacts relative to adopted LOS standards.

L. “Concurrency denial letter” means a written decision by the director that summarizes the results of the concurrency evaluation and the reason for denying the request for a concurrency reservation certificate.

M. “Concurrency management” means the process the city uses to ensure necessary roadway improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070.

N. “Development activity” means any proposal or action for which a development permit is required, including short plats, preliminary plats, rezone/reclassifications, zoning permits, shoreline substantial development permits, conditional use permits, design review, change in use, or any other permit or approval required under the city of Lynnwood development regulations. For the purposes of this chapter, “development activity” does not include legislative proposals that may increase the potential for development. Exempt permits are set forth in LMC 12.22.080.

O. “Development approval” means written authorization from the city authorizing the commencement of development activity.

P. “Development permit” means any document granting, or granting with conditions, an application for a land use designation or redesignation, zoning or rezoning, subdivision, site plan, building permit, variance or any other official action of the city having the effect of authorizing the development of land.

Q. “Development trips” means the total number of net new peak hour vehicle trips generated by the development.

R. “Direct traffic impact” means any net increase in vehicle traffic generated by a proposed development.

S. “Director” means the director of the department of public works of the city of Lynnwood or her/his designee.

T. “Financial commitment” means public and/or private funds sufficient to finance transportation improvements necessary to support development and that there is reasonable assurance that such funds shall be timely used. Grants, loans and bond funds shall be considered to be committed only if they have been fully approved by the appropriate body.

U. “Frontage” means that boundary of property abutting a public street or right-of-way.

V. “Frontage improvement” means those improvements required to be constructed within or along existing or dedicated street right-of-way according to development regulations or permit conditions applicable to project development. Generally, frontage improvements may include, but not be limited to: clearing, grading, subgrade preparation, pavements, curbs, gutters, sidewalks, landscaping, signage, lighting, street furniture and fixtures, and utilities. Additional improvements to be located within adjacent easements may be required in addition to frontage improvements.

W. “Impact fee” or “transportation impact fee” is as defined by Chapter 3.105 LMC.

X. “Inadequate road condition” means any road condition, whether existing on the road system or created by a new development’s access, that jeopardizes the safety of road users, including nonautomotive users, due to substandard sight distance, substandard geometric alignment, substandard roadway cross-section or insufficient traffic control as determined by applicable city design standards and specifications as defined in the Lynnwood road standards. Appropriate mitigation shall be required when a CRC is issued.

Y. “Level of service (LOS)” means a qualitative measure describing operational conditions within a traffic stream, described with alphabetical representations of “A” through “F” as defined in the 2000 Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, to indicate the amount of congestion and delay at particular locations. Level of service “A” represents little or no congestion and delay, while level of service “F” represents over-capacity conditions with long delays.

Z. “Lynnwood road standards” means those standards included in LMC 12.12.020.

AA. “Net new trips” means the trip generation of the development activity less any allowable credit for existing activity that will be replaced, demolished or abandoned as part of the proposal.

BB. “Off-site road improvement” means an improvement, except a frontage improvement, to an existing or proposed city road outside the boundaries of a development, that improvement is required or recommended in accordance with this title.

CC. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser is considered the owner of the real property if the contract is recorded.

DD. “Peak hour” means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m.

EE. “Pipeline traffic” means existing traffic volumes and the forecasted traffic volumes from proposals for which a capacity reservation certificate has been issued.

FF. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements.

GG. “Proportionate share” means that portion of the cost of public facility improvements that is reasonably related to the service demands and needs of new development.

HH. “Six-year transportation improvement program (TIP)” means the annually updated transportation improvement program that identifies all the city’s transportation needs over the next six years and beyond, including the total project costs.

II. “Standards” means the adopted Lynnwood road standards.

JJ. “Total project cost” means the total cost for the transportation projects, as defined in the current TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation, grading, and construction.

KK. “Traffic study” means a study prepared by a qualified professional according to the format and content established by the city of Lynnwood public works department.

LL. “Trip generation” means the number of peak hour vehicle trips estimated to be produced by the development activity using Institute of Traffic Engineers (ITE) Trip Generation Manual, current edition.

MM. “Trip generation credit” means a reduction in the number of new peak hour trips attributed to an application, equal to the number of peak hour trips currently being generated on the site from uses that will not continue if the development permit is granted. (Ord. 3153 § 3, 2015)