A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls a property in the jurisdiction that details the obligations of both parties and sets out the standards and conditions that govern the development of the property. Although agreements are voluntary, once concluded, they are binding on the parties and their successors. The Local Projects Review Act (Ch. 36.70B RCW), enacted in 1995, provides specific powers and instructions for development agreements. See in particular RCW 36.70B.170 – .210 and WAC 365-196-845. This page provides an overview of development agreements for local governments in Washington State, including examples of cities and counties. California Government Code Section 65864-65869.5 and Chapter 56 of the City and County of San Francisco Administrative Code set out the procedures by which a development agreement is processed and approved. There are four common categories of agreements: The Planning Department and OEWD work closely with the City Performance Unit of the Comptroller`s Office and other municipal departments to centralize the requirements and mitigation measures of development agreements into a comprehensive system that promotes proactive monitoring and tracking of developer and city responsibilities. Prior to this project, there was no centralized system that housed all development agreements and their requirements. In addition to this website, this project will create a database that the City will use to track and monitor payments, community commitments and other important data under development agreements.
Due to the dissolution of the city`s redevelopment agency, each agreement will now be negotiated on a case-by-case basis by the city`s Office of Economic Development and Personnel and Prosecutor`s Office. Local governments must hold a public hearing before approving a development agreement and can only charge impact fees, dedications, mitigation measures and standards permitted by other laws. RCW 36.70B.180 deals with rights acquired under a development agreement. A development agreement provides the proponent with assurance that the development regulations applicable to the project will not change during the term of the agreement. The city or county may require conditions to mitigate the impact of the project, as well as clarification on the phase of the project and the timing of public improvements. RCW 36.70B.170 describes the type of development standards that are appropriate in a development agreement. Long-term development agreements sometimes require changes as market or other conditions change. Similarly, a developer may need to terminate an agreement if they can`t get financing or want to do something completely different with the property. Either party may attempt to terminate an agreement if the terms of the agreement have not been complied with.
Most agreements provide some flexibility for such changes if the parties agree. Site-specific rezoning multi-personalities – or – A cheat sheet for everything you need to know about site-specific rezoning Restrictive regulation: What do planners know? The unassailable right to make any decision you want: avoid court intervention in local land use decision-making Clark County Council balances job creation with affordable housing in land use decisions. .