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A. A final certificate of concurrency shall be issued upon final approval of the development permit for which a temporary certificate of concurrency was issued.

B. The final certificate of concurrency will only be valid for the type and intensity of development that was approved by the city, unless concurrency approval also covered subsequent project phases.

C. The final certificate of concurrency shall be adjusted to account for any reduction in traffic impact and capacity reserved by the temporary certificate of concurrency.

D. If a proposed development project is modified during the review process and results in an increased generation of person trips, then a new concurrency application, evaluation, approval, and temporary certificate of concurrency will be required prior to development approval and issuance of final certificate of concurrency.

E. The information contained on the final certificate of concurrency shall include the following:

1. The property location and Whatcom County assessor’s parcel number(s) for the development project;

2. The number and type of dwelling units, square footage of commercial or industrial floor area, specific uses, densities, and intensities for which permit(s) were approved, including the number of person trips generated and accounted for in that particular concurrency service area;

3. Mitigating measures required to ensure adequate transportation capacity for the approved development project, as approved by the public works department;

4. An effective date; and

5. An expiration date.

F. A final certificate of concurrency shall be valid for the same time period as the development permit. If the development permit approval does not have an expiration date, the final certificate of concurrency shall be valid for five years from the date issued.

G. The final certificate of concurrency may be extended by requesting a new issuance from the public works department with an updated expiration date. The final certificate of concurrency can be extended to remain in effect for the life of each subsequent development permit approval for the same parcel, as long as the applicant obtains the subsequent development permit approval prior to the expiration of the first development permit approval.

H. No development shall be required to hold more than one valid final 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.

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

J. A final certificate of concurrency may be voluntarily surrendered or withdrawn by the owner of the parcel(s) for which the certificate was issued.

K. Upon issuance of a final certificate of concurrency, the city generally will be bound by its terms for the life of the certificate. The city is not bound, however, when funding is lost from previously committed transportation projects that would have added capacity needed for the specific final certificate of concurrency. [Ord. 2008-12-113; Ord. 2006-04-041].