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A. Authority. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction, provided the terms of the agreement are satisfactory to the city. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the city’s police power and contract authority. Accordingly, 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.

B. Development Standards. A development agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW. For purposes of this title, the term “development standards” means and includes, but is not limited to:

1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

2. 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, or dedications;

3. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW or as amended;

4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

5. Parks and open space preservation;

6. Phasing;

7. Review procedures and standards for implementing decisions;

8. A build-out or vesting period for applicable standards; and

9. Any other development requirement or procedure deemed appropriate by the city council.

C. Limitations. All development agreements shall comply with the following requirements and are subject to the limitations contained therein:

1. The development agreement shall be consistent with all applicable development regulations adopted by the city;

2. The development agreement shall not provide means of waiving or amending development regulations that would otherwise apply to the project;

3. The development agreement shall not bypass any procedural requirements that would otherwise apply;

4. A development agreement shall not obligate the city to adopt subsequent amendments to the comprehensive plan, development regulations, or otherwise delegate legislative powers;

5. A development agreement may obligate a party to fund or provide services, infrastructure, or facilities;

6. A permit approval issued by the city after the execution of the development agreement must be consistent with the development agreement throughout the entirety of the specified vesting period;

7. The build-out period for a development agreement shall be specified in the agreement itself. The terms of the development agreement shall vest for the lesser of the duration of the build-out period or ten years; and

8. When enforcement of the development agreement will result in a serious threat to public health and safety, as determined by the city, the city has the authority to impose new or different regulations on the approved development agreement. (Ord. 005/2019 § 10 (Exh. B))