(1) The City may enter into a GMA development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a GMA development agreement for real property outside its boundaries as part of a proposed annexation or a utility service agreement. A GMA development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A GMA development agreement shall be consistent with all applicable development regulations.
(2) Sections 21.60.010 through 21.60.030 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence 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 standards” include, but are 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 and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under RCW 43.21C;
(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;
(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 GMA development agreement is a proper exercise of the City’s police power and contract authority. A GMA development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A GMA development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. GMA development agreements within the City are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon mutual approval of both the developer and the City (PMC 21.60.010). GMA development agreements outside the City continue in effect until a date as specified in the agreement. Agreements outside the City may contain variable expiration dates for some or all of the standards listed in subsection (3) of this section.