Chapter 14.50 FEES, BONDS, DEVELOPMENT AGREEMENTS AND COST SHARING

Chapter 14.50
FEES, BONDS, DEVELOPMENT AGREEMENTS AND COST SHARING

Sections:

14.50.010 Purpose.

The purpose of this chapter is to provide options for payment or performance of another’s obligation to the city. [Ord. 1694 § 1 (Att. A-1), 2024.]

14.50.020 Fees, rates, and charges.

A. The city council has established by resolution a rate and fee schedule for community development rates, fees, and charges for permits, applications, and other matters pertaining to this title.

B. The rate and fee schedule resolution, as amended, is hereby adopted.

C. Until all applicable fees, charges, and expenses have been paid as required in the fee schedule, no action shall be taken by the city on any application, appeal or request. [Ord. 1694 § 1 (Att. A-1), 2024.]

14.50.030 Cost sharing.

The city may choose to engage in a cost sharing agreement for utility improvement(s) at its discretion and to the amount and/or method it chooses and may use the following criteria as a guide when considering an agreement:

A. The project is identified in the city’s capital improvement plan;

B. There is a system-wide benefit which would be derived by the improvement(s); and/or

C. The improvement(s) does not exceed the annual budgeted amount established by the city council for cost sharing. [Ord. 1694 § 1 (Att. A-1), 2024; Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010. Formerly 14.14.175.]

14.50.040 Development agreements.

A. Development Agreements – Authorized. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to, and govern and vest the development, use, and mitigation of, the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by the city.

B. Development Agreements – Effect. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. A development agreement may not be subject to an amendment to a zoning ordinance, development standard, regulation, a new zoning ordinance, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.

C. Development Agreements – Recording – Parties and Successors Bound. A development agreement shall be recorded with the Chelan County auditor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including the city, if the city assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.

D. Development Agreements – Public Hearing. Notwithstanding other procedural requirements of this title, the city shall only approve a development agreement by ordinance or resolution after a public hearing by the city council. Notice of the public hearing shall be made by publishing in the local paper, a minimum six days prior to the hearing, the time, date, and location of the hearing, and a general description of the location and proposal.

If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. [Ord. 1694 § 1 (Att. A-1), 2024; Ord. 1502 § 1 (Att. A), 2015. Formerly 21.07.080.]

14.50.050 Performance or surety bonds.

A. Performance or Surety Bond. As a condition of approval for the issuance of any development permit or any permit issued under this title or other associated titles contained in the Leavenworth Municipal Code, a performance or surety bond may be required.

B. Bond Criteria.

1. The city attorney shall approve all performance and surety bonds as to form and securities.

2. The director(s) of the affected department(s) shall approve all performance and surety bonds as to amount and adequacy.

3. The value of the bond shall be equal to at least 150 percent of the estimated cost of the improvement(s) to be performed for improvements completed within a one-year time frame or 200 percent for improvements completed within a two-year time frame, or to be utilized by the city to perform any necessary work, or to reimburse the city for performing any necessary work and documented administrative costs associated with action on the bond. To determine this value, the applicant must submit up to two bids for the improvements to be performed. If costs incurred by the city exceed the amount provided by the assurance device, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit. Please see LMC 17.02.070 for exceptions to this time frame on bonding.

4. Upon completion of the required work by the property owner and approval by the city at or prior to the completion date identified in the assurance device, the city shall release the device.

5. If the performance bond or surety is required, the property owner shall provide the city with an irrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date identified in the assurance device.

C. Conditions of approval for the issuance of a permit, a performance or surety bond may be required, subject to the following:

1. The city attorney shall approve all performance and surety bonds as to form and securities.

2. The director(s) of the affected department(s) shall approve all performance and surety bonds as to amount and adequacy.

3. Alternative sureties may be considered by the city upon approval by the city attorney and the affected departments of the city.

4. The value of the bond/surety shall be equal to at least 150 percent of the estimated cost of the improvement(s) to be performed for improvements completed within a one-year time frame or 200 percent for improvements completed within a two-year time frame, or to be utilized by the city to perform any necessary work, or to reimburse the city for performing any necessary work and documented administrative costs associated with action on the bond/surety. To determine this value, the applicant must submit a bid for the improvements to be performed. If costs incurred by the city exceed the amount provided by the assurance device, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit. Upon written request, the city may grant a one-time extension of the bond/surety.

5. Upon completion of the required work by the property owner and approval by the city at or prior to the completion date identified in the assurance device, the city shall promptly release the device.

6. If the performance bond or surety is required, the property owner shall provide the city with an irrevocable notarized agreement, with a form provided by the city or form acceptable to the city, granting the city and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date identified in the assurance device. [Ord. 1694 § 1 (Att. A-1), 2024; Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005. Formerly 14.14.170.]