Chapter 18.05
DEVELOPMENT AGREEMENTS
Sections:
18.05.010 Development agreements.
18.05.020 General requirements.
18.05.030 Request for development agreement.
18.05.050 Recording parties and successors bound.
18.05.070 Fees, dedications, mitigations.
18.05.010 Development agreements.
Okanogan County may enter into development agreements pursuant to RCW 36.70B.170 through 36.70B.210. (Ord. 2008-4 § 2, 2008).
18.05.020 General requirements.
A. A development agreement shall be required for:
1. All planned developments adopted after November 17, 2008.
2. Any phased developments.
3. Any developments in adopted urban growth areas.
B. A development agreement must be consistent with the Okanogan County comprehensive plan and zoning code. Development agreements must comply with all applicable development regulations except as noted in subsection F of this section.
C. Okanogan County may enter into a development agreement with a person having ownership or control of real property within the county’s jurisdiction and/or a city or town within the county.
D. 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 for the duration specified in the agreement.
E. For purposes of this chapter, “development standards” include, but are not limited to:
1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
3. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
4. Road and sidewalk standards;
5. Affordable housing;
6. Water, sewer, storm drainage, and other infrastructure requirements;
7. Parks and open space reservations;
8. Phasing;
9. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes;
10. A build-out or vesting period for applicable development standards;
11. Process for amending the development agreement; and
12. Any other appropriate development requirement or procedure.
F. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a proven threat to public health and safety.
G. Term. The board of county commissioners shall not adopt a development agreement with a term exceeding 10 years from date of approval, unless the board adopts findings that establish that a longer term is necessary to preserve the public health, safety, and welfare or substantially contributes to the public benefit.
H. Performance Review. The board of county commissioners shall not adopt a development agreement unless it contains terms identifying specific performance standards and a timeline for a performance review specific to the project. Performance review for any development agreement shall occur at a minimum of every three years. (Ord. 2008-4 § 2, 2008).
18.05.030 Request for development agreement.
A project applicant may submit a request for a development agreement to Okanogan County for projects for which a development agreement is not required. The request should describe the project and specific reasons why the project is suitable for a development agreement. The request should identify the development standards the applicant is requesting be included in the development agreement and any other information reasonably requested by the county. The request shall be filed with the planning office upon forms prescribed for that purpose by the administrator. (Ord. 2008-4 § 2, 2008).
18.05.040 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, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by Okanogan County after the execution of a development agreement must be consistent with the development agreement. (Ord. 2008-4 § 2, 2008).
18.05.050 Recording parties and successors bound.
A development agreement affecting property in Okanogan County shall be recorded with the real property documents of Okanogan County. During the term of the development agreement, the development agreement is binding on the parties, their successors and assigns, including any city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement. (Ord. 2008-4 § 2, 2008).
18.05.060 Public hearing.
The county shall only approve a development agreement by ordinance or resolution after a public hearing. The county legislative body, or other body designated by the legislative body to conduct the public hearing, may conduct the hearing. 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 of the development agreement. (Ord. 2008-4 § 2, 2008).
18.05.070 Fees, dedications, mitigations.
Nothing is intended in this chapter to authorize the county to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law. (Ord. 2008-4 § 2, 2008).