Chapter 16.14
MITIGATION, DEDICATIONS AND CONTRIBUTIONS
Sections:
16.14.010 Application and purpose.
16.14.020 Policies for mitigation of development impacts.
16.14.030 Gifts, bequests, and voluntary dedications of land.
16.14.040 Required dedications of land.
16.14.050 Voluntary agreements under RCW 82.02.020.
16.14.060 Other actions and agreements.
Legislative history: Ord. 97-406.
16.14.010 Application and purpose.
A. This chapter is applicable to any development or proposed development that requires or results in dedications of land, mitigation actions, contributions, voluntary agreements, or any other ameliorative actions. It is supplementary to all other authorities of the city.
B. The purpose of this chapter is to establish and clarify policies and procedures for various types of and formats for dedications of land, mitigation actions, contributions, voluntary agreements, and other ameliorative actions that arise in connection with any development or proposed development. The policies and procedures described in this chapter are not exhaustive. With the exception of requirements specified in MCMC 16.14.030, any deviation from the procedures described in this chapter shall not affect the validity of any dedication of land, mitigation action, contribution, voluntary agreement, or any other ameliorative action that is or may be authorized by law and has been taken in accordance therewith. (Ord. 2009-702 § 2 (Exh. C))
16.14.020 Policies for mitigation of development impacts.
A. Mitigation may be imposed or required on any lawful basis in accordance with the development code and comprehensive plan, applicable state and federal statutes, and judicial decisions. The principal, but not exclusive, basis for imposing or requiring mitigation of development impacts is Chapter 43.21C RCW, the State Environmental Policy Act, and Chapters 17.48 and 18.04 MCMC.
B. Mitigation may take any form, including but not limited to modifications of the development proposal to avoid, minimize or ameliorate development impacts; dedication of land or other possessory interests; monetary contributions, payments, fees, and other charges; in-kind contributions; and contractual arrangements. Monetary payments shall be deposited to and tracked using appropriate fund accounts.
C. Mitigation imposed or required for any development or development proposal shall (1) describe with reasonable certainty the nature of the mitigation and/or the mitigation to be performed, (2) be documented in writing as a condition of approval, agreement, commitment, or other similar form, and (3) enable effective enforcement.
D. No mitigation imposed or required by the city shall be subject to any refund or expenditure requirements unless (1) the mitigation is expressly imposed or required under the authority of RCW 82.02.020 and MCMC 16.14.050, or (2) the development code expressly imposes such requirements and such requirements are expressly stated in the written documentation imposing the mitigation. (Ord. 2009-702 § 2 (Exh. C))
16.14.030 Gifts, bequests, and voluntary dedications of land.
The city may accept a voluntary gift, bequest or voluntary dedication of any interest in land and real property. No gift, bequest or voluntary dedication shall be effective until accepted by action of the city council. The gift, bequest or voluntary dedication shall be documented by appropriate conveyance to the city, which shall be approved by the city attorney as to form and sufficiency. The conveyance document shall be acknowledged by the city manager and city clerk after acceptance by the city council, and shall be recorded in the real property records for Snohomish County. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2. Formerly 16.14.010)
16.14.040 Required dedications of land.
A. Authorization. Dedications of any interest in land and real property may be required in connection with any development approval; provided, that such dedication conforms to the applicable terms of the development code, the comprehensive plan, state statutes and judicial decisions.
B. Preliminary Identification. The developer shall clearly identify in the development application the proposed areas, locations, features, conditions, purposes, interests and uses of land and real property to be dedicated.
C. Verification and Recommendation. The directors shall ensure as to their respective areas of authority that every proposed and required dedication of land meets the requirements of subsection A of this section before recommending approval or acceptance of such dedication. The directors may work with the developer to revise any proposed dedication of land so that it meets such requirements.
D. Review and Approval. Required dedications of land shall be reviewed and approved as part of the development review process. Dedications of land required by any final development approval shall be clearly identified and set forth therein, shall be approved by the city attorney as to form and sufficiency, and shall be deemed accepted by the city only when the conveyance document for such dedication (e.g., deed, plat, or binding site plan) has been recorded in the real property records for Snohomish County.
E. Interim Control. Required dedications of land that have been preliminarily approved (e.g., by preliminary plat or binding site plan approval) shall be subject to city control in accordance with the development code pending final development approval. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2. Formerly 16.14.020)
16.14.050 Voluntary agreements under RCW 82.02.020.
A. Pursuant to RCW 82.02.020, the city may accept a voluntary, monetary contribution in lieu of a dedication and/or may accept mitigation addressing a direct impact when the developer offers to make such contribution and the city in its sole discretion determines it to be necessary or advisable. Agreements made pursuant to this section shall meet the following minimum requirements:
1. The agreement shall be titled “Voluntary Agreement under RCW 82.02.020” and the text thereof shall clearly recite that said agreement is entered into only under such authority.
2. The payment shall be placed and held in a fund account.
3. The payment may only be used to fund a capital improvement agreed upon by the developer and city.
4. The payment shall be expended or encumbered for expenditure within five years of collection, unless such requirement is waived in writing by the developer, in which case such expenditure and any subsequent refund shall conform to the terms of the waiver. Any such waiver shall be recorded in the real property records for Snohomish County.
B. Notwithstanding anything to the contrary in MCMC 16.14.010, the failure to identify a voluntary agreement as specified in subsection (A)(1) of this section shall be deemed to conclusively indicate the parties’ express intent that such agreement does not arise under and is not subject to RCW 82.02.020. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2. Formerly 16.14.030)
16.14.060 Other actions and agreements.
A. Voluntary Actions and Agreements. Nothing in this chapter is intended to nor shall it prevent a developer from voluntarily offering to enter into an agreement with or make a commitment to the city for the performance of some act or the payment of money. Nothing in this chapter is intended to nor shall it affect the authority of the city to negotiate or accept such a commitment action or offer.
B. Other Agreements. Nothing in this chapter is intended to nor shall it limit the authority of the city to require or enter into any other agreement with a developer made under lawful authority. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2. Formerly 16.14.050)