§ 10.32.04. General requirements.

A fair share agreement, adopted pursuant to the ordinance from which this section is derived is a binding contract entered into between the city and an owner or developer of land wherein the owner or developer is authorized to proceed with a proposed development, notwithstanding a failure of the development to satisfy the water or wastewater requirements of the management system.

A.

A fair share agreement shall be considered if all of the following requirements are met:

1.

The comprehensive plan is in compliance as of the effective date of the fair share agreement;

2.

The proposed development is otherwise consistent with the comprehensive plan and the city's other land development regulations;

3.

The owner or developer has executed a fair share agreement, in a form approved by the city, and has agreed to pay the city the amount assessed and/or provide in kind payments consisting of constructing authorized improvements.

B.

The burdens and benefits of a fair share agreement are binding upon all parties to the agreement, their successors in interest, and their assigns.

C.

Nothing in this chapter shall preclude an owner or developer from voluntarily making water or wastewater improvements pursuant to a development agreement dedicated to and approved by the city if by doing so, sufficient additional capacity will be created.

D.

The city is ultimately responsible for funding all improvements for which fair share payments will be collected including any shortfalls.

E.

A fair share agreement may have a duration greater than five years if the applicant provides a phasing schedule and demonstrates that five years is an inadequate amount of time to properly complete the proposed development.

( Ord. No. 2006-40, § 4 )