Chapter 17.34
DEVELOPMENT AGREEMENTS
Sections:
17.34.040 Recording--Parties and successors bound.
17.34.010 Authorized.
As provided by the provisions of RCW 36.70B.170, 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 approved by the city shall 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 as of the time of approval of the agreement or, if so provided by the agreement, in effect at a later date subject to the following exceptions:
A. If applicable federal or state law, rule, or regulation mandates the utilization of other standards, those standards shall apply.
B. In recognition of the city’s duties to protect public health and safety, the city reserves the authority to impose new or different regulations to the extent required by a serious threat to the public health and safety.(Ord. 1144 §1, 2015).
17.34.020 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 referenced 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. A development agreement may not be subject to an amendment to a zoning ordinance, development standard, regulation, a new zoning ordinance, development standard, or regulations adopted after the effective date of the agreement.
B. Any permit or approval issued by the city after the execution of the development agreement and during the agreement’s term must be consistent with the development agreement. (Ord. 1144 §2, 2015).
17.34.030 Public hearing.
A. 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 or, if it deems appropriate to do so, a hearing before the hearing examiner.
1. Notice of the public hearing shall be made by publishing in the local paper, a minimum of six days prior to the hearing, the time, date, and location of the hearing, and a general description of the location and proposal.
2. If the hearing is held by the hearing examiner, the hearing examiner shall submit a written report to the council containing findings, conclusions, and recommendations.
a. Upon receipt, the city council shall set a date for a public meeting to review the hearing examiner’s report not less than fifteen nor more than thirty days after receipt of the recommendation, such receipt being deemed to occur at its first regular meeting following tendering of it by the issuer.
b. Unless otherwise required by law or decided by the council, the meeting before the council shall be in the nature of a closed record hearing. The city council shall have the authority to approve, disapprove, or modify the recommendations of the hearing examiner as to the provisions of the development agreement under consideration.
B. 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. 1144 §3, 2015).
17.34.040 Recording--Parties and successors bound.
A development agreement shall be recorded with the real property records of Grays Harbor County. 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. (Ord. 1144 §4, 2015).