A. The director shall review each application for a concurrency resolution agreement, and request additional information from the applicant, as required to evaluate the impacts of the proposed development on the city’s road facilities.

B. The director shall determine whether the development, as proposed or with conditions, would degrade the LOS set forth in this chapter. If such development can be approved or approved with conditions, the director shall issue a concurrency resolution offer to the applicant, which at a minimum shall contain all information contained in the concurrency encumbrance letter. In addition, such offer shall contain any conditions deemed necessary in order to approve the development. The letter shall specify that the applicant shall have 30 days to accept the offer. If the applicant accepts the offer, the director and applicant shall agree, in writing, on a time frame for preparation of a concurrency resolution agreement. After the concurrency resolution agreement is executed by the applicant, the director shall schedule the agreement for a regularly scheduled hearing examiner’s session. No such agreement shall be effective until approved by the hearing examiner.

C. The application and agreement shall be forwarded to the hearing examiner. Based on the application and the requirements of this chapter, the hearing examiner shall approve, approve with conditions or deny the application and agreement. Following approval of the agreement by the hearing examiner, the agreement shall be recorded in the Snohomish County auditor’s office or the King County department of records and elections, at the expense of the applicant.

D. Violation of such conditions and safeguards, when made a part of the terms under which a concurrency encumbrance is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of BMC Title 17. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 2, 1996; Ord. 1633 § 1, 1996).