Washington Development Agreement Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 235-236

VIII. WASHINGTON DEVELOPMENT AGREEMENT STATUTE

RCW 36.70B.170 Development agreements—Authorized.

(1) A local government may enter into a development agreement with a per-

son having ownership or control of real property within its jurisdiction. A city

may enter into a development agreement for real property outside its bound-

aries 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 regu-

lations adopted by a local government planning under chapter 36.70ARCW.

(2) RCW through and section 501, chapter 347, Laws of 1995 do not affect

the validity of a contract rezone, concomitant agreement, annexation agree-

ment, or other agreement in existence on July 23, 1995, or adopted under sepa-

rate 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 standards” includes, but is

not limited to:

(a) Project elements such as permitted uses, residential densities, and non-

residential densities and intensities or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accor-

dance with any applicable provisions of state law, any reimbursement provi-

sions, 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 county

and city 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 reg-

ulations to the extent required by a serious threat to public health and safety.

RCW 36.70B.180 Development agreements—Effect.

Unless amended or terminated, a development agreement is enforceable during

its term by a party to the agreement. Adevelopment agreement and the develop-

ment standards in the agreement govern during the term of the agreement, or for

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APPENDICES