This chapter establishes the mechanism under which the county may enter into development agreements as authorized by RCW 36.70B.170.
(Res. 2002-108 (part), 7/16/02; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)
(1)
Discretion to Enter Development Agreement. A development agreement is an optional device that may be used at the sole discretion of the county.
(2)
Who May Enter. The property owner and the county shall be parties to a development agreement; provided, that if a proposed development is within an adopted municipal UGA, the applicable town or city may also be a party to the agreement. The following may be considered for inclusion as additional parties in a development agreement: contract purchasers, lenders, third-party beneficiaries and utility service providers.
(3)
Content of Development Agreements. A development agreement shall set forth standards, conditions, and time periods that apply to and govern the development, use and mitigation of the property subject to the agreement.
(4)
When Development Agreements May Be Approved. A development agreement may be entered into prior to, concurrent with, or following approval of project permits for development of the property.
(5)
Consistency with the Chelan County Code. The development standards and conditions set forth in a development agreement shall be consistent with the applicable development regulations set forth in the Chelan County Code at the time the agreement is approved.
(Res. 2002-108 (part), 7/16/02; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)
(1)
A development agreement shall include, at a minimum, the following types of development controls and conditions:
(A)
Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
(B)
The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(D)
Design standards such as maximum heights, setbacks, drainage and water quality requirements, land-scaping, and other development features;
(E)
Affordable housing;
(F)
Parks and open space preservation;
(G)
Phasing;
(H)
Review procedures and standards for implementing decisions;
(I)
A build-out or vesting period for applicable standards; and
(J)
Any other appropriate development requirement or procedure.
(Res. 2002-108 (part), 7/16/02; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)
(1)
A development agreement shall be initiated by a written request from the property owner to the Chelan County department of community development.
(2)
When a development agreement is being considered prior to project permit approvals, the applicant shall provide the county with the same information that is required for a complete application for such project permits in order for the county to determine the development standards and conditions to be included in the development agreement.
(3)
When a development agreement is being considered following approval of project permits, the development standards and other conditions set forth in such project permits shall be used in the development agreement without modification.
(4)
The board of Chelan County commissioners may approve a development agreement under RCW 36.70B.170 through 36.70B.210. The hearing examiner is delegated authority to conduct hearings and make recommendations for development agreements, but final approval thereof is reserved to the board.
(5)
An approved and fully executed development agreement shall be recorded with the Chelan County auditor.
(6)
Prior to the expiration, an approved existing development agreement may be extended by the applicant by execution of a new development agreement pursuant to this section. Required conditions may be modified by the county for an extension of an existing development agreement.
(Res. 2002-108 (part), 7/16/02; Res. 2003-14 (part), 1/21/03; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)
(1)
A development agreement is binding on the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement, in accordance with RCW 36.70B.170.
(2)
A development agreement shall be enforceable during its term by a party to the agreement.
(3)
A development agreement shall govern during the term of the agreement all or that part of the development specified in the agreement, and may not be subject to an amendment to a zoning ordinance, development standard, or regulation adopted after the effective date of the agreement.
(4)
Permits issued by the county after the execution of the development agreement shall be consistent with the agreement.
(Res. 2002-108 (part), 7/16/02; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)