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Development Agreement Rcw


May 1, 2023 0 Comments

Development Agreement RCW: What You Need to Know

A development agreement is a legal tool used by municipalities and developers to establish the conditions of a land development project. In the state of Washington, the Revised Code of Washington (RCW) provides statutory guidance for development agreements.

If you`re a developer or a landowner planning a development project, it`s essential to understand the provisions of the RCW that apply to development agreements. Here`s what you need to know.

What is a Development Agreement?

A development agreement is a contract between a municipality and a developer that outlines the conditions that a development project must meet. The agreement typically covers topics such as land use, zoning, building codes, environmental regulations, infrastructure, and public facilities.

The purpose of a development agreement is to provide certainty and predictability for both the municipality and the developer. It allows the developer to plan and finance the project with a clear understanding of the requirements, while also ensuring that the municipality`s interests are protected.

Development Agreements in Washington State

The RCW provides the legal framework for development agreements in Washington State. RCW 36.70B.170 outlines the requirements for development agreements, which include:

– A description of the development project and the land use regulations that apply.

– A statement of the public facilities and improvements that will be required, and who will pay for them.

– A timeline for completion of the project.

– A statement of the fees and charges that will be assessed.

– A description of any regulatory permits that will be required, and who will obtain them.

– A requirement that the developer provide public notice of the development project.

– A provision for periodic review and modification of the agreement.

In addition to these basic requirements, RCW 36.70B.170 also allows municipalities to include other provisions in a development agreement that are consistent with the purpose of the Growth Management Act, which is to promote the orderly and efficient development of land.

The Benefits of a Development Agreement

For developers, a development agreement provides certainty and predictability in the planning and financing of a development project. By establishing the requirements up front, developers can avoid costly delays and disputes with the municipality later on.

For municipalities, a development agreement provides a mechanism for ensuring that development projects meet the community`s needs and interests. It allows municipalities to require developers to fund public facilities and improvements that might otherwise be paid for by taxpayers.

In conclusion, if you`re planning a development project in Washington State, it`s important to understand the provisions of the RCW that apply to development agreements. By working with the municipality to establish a development agreement that meets the requirements of the law, you can ensure that your project is successful and benefits the community as a whole.