Chapter 18.30
DEVELOPMENT AGREEMENTS
Sections:
18.30.030 Recording – Parties and successors bound.
18.30.010 Authorized.
(1) The city may enter into a development agreement with a person having ownership or control of real property within the city’s 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 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 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 and the Oak Harbor comprehensive plan.
(2) This chapter does not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section.
(3) For the purposes of this section, “development standard” includes, but is not limited to:
(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;
(c) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, 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.
(4) The execution of a development agreement is a proper exercise of the city’s police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. 1081 § 2, 1997).
18.30.020 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 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 or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. (Ord. 1081 § 3, 1997).
18.30.030 Recording – Parties and successors bound.
A development agreement shall be recorded with the real property records of the Island County auditor. During the term of the development agreement, the agreement is binding on the parties and their successors. (Ord. 1081 § 4, 1997).
18.30.040 Public hearings.
The city council shall only approve a development agreement by ordinance or resolution after a public hearing. The city council or planning commission, hearing examiner, or other body designated by the city council 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 on the development agreement. (Ord. 1081 § 5, 1997).