This article establishes the mechanism under which Jefferson County may enter into development agreements as authorized by RCW 36.70B.170. A decision to enter into a development agreement shall be made on a case-by-case basis. A development agreement may be appropriate for large, complex or phased projects, or projects which were not contemplated by existing development regulations or existing application procedures.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Discretion to Enter Development Agreement. A development agreement is an optional device that may be used at the sole discretion of the county, except a development agreement shall be required for applications for master planned resorts in accordance with JCC § 18.15.126 and major industrial developments in accordance with JCC § 18.15.605.
(2) 
Who May Enter. The property owner(s) 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 shall 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 be prepared by the applicant and shall set forth the development standards and other conditions that shall 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 Unified Development Code. The development standards and conditions set forth in a development agreement shall be consistent with the applicable development regulations set forth in the Unified Development Code, except in the case of a master planned resort (which requires a site-specific Comprehensive Plan amendment), where adopted standards may be modified by the development standards contained in the agreement, so long as all project impacts have been adequately mitigated. However, the minimum requirements related to the protection of critical areas in Chapter 18.22 JCC may not be varied by adoption of any development agreement.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))
(1) 
A development agreement shall include, but need not be limited to, one or more of any of the following types of development controls and conditions:
(a) 
Project elements such as permitted uses, residential and nonresidential densities, scale and intensity of uses and/or building sizes;
(b) 
Mitigation measures, development conditions and other requirements pursuant to environmental review under Chapter 43.21C RCW;
(c) 
Design standards such as maximum heights, setbacks, drainage and water quality requirements, screening and landscaping and other development features;
(d) 
Roads, water, sewer, storm drainage and other infrastructure requirements;
(e) 
Affordable housing;
(f) 
Recreational uses and open space preservation;
(g) 
Phasing;
(h) 
Development review procedures, processes and standards for implementing decisions, including methods of reimbursement to the county for review processes;
(i) 
Other appropriate development requirements or procedures.
(2) 
A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and governmental entities may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.
(3) 
Development agreements shall:
(a) 
Establish a process for amending the agreement;
(b) 
Specify a termination date upon which the agreement expires;
(c) 
Establish a vesting period for applicable standards; and
(d) 
Reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
A development agreement shall be initiated by a written request from the property owner to the administrator of the department of community development. The request should describe the project and the specific reasons why the project is suitable for a development agreement. The request should identify the development standards set forth in JCC § 18.40.840 that the applicant is requesting to be included in the development agreement and any other reasonable information requested by the county.
(2) 
If the administrator determines in his or her discretion that a development agreement should be considered by the county, the property owner shall be so informed, except that development agreements shall be required for the approval of master planned resorts in accordance with JCC § 18.15.126 and for the approval of major industrial developments in accordance with JCC § 18.15.605.
(3) 
When a development agreement is being considered prior to project permit approvals, the property owner shall provide the county with the same information that would be 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.
(4) 
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.
(5) 
The county shall only approve a development agreement by ordinance or resolution after a public hearing and after notice of the hearing has been given by publication in a newspaper of general circulation. The board of county commissioners, as the legislative authority for the unincorporated area of Jefferson County, acts upon the recommendation of the administrator and the Jefferson County prosecuting attorney's office. The board of county commissioners may, in its sole discretion, approve the development agreement (see Table 8-2). 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.
(6) 
An approved and fully executed development agreement shall be recorded with the county auditor.
(Ord. 8-06 § 1; Ord. 14-18 § 4 (Exh. B); Ord. 11-24 (Att. A))
(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.
(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, unless otherwise agreed to in the development agreement, be subject to an amendment to a local government land use ordinance or development standard or regulation or a new local government land use ordinance or 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.
(5) 
Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Chapter 374, Laws of 1995, or this chapter is intended 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. 8-06 § 1; Ord. 11-24 (Att. A))