Ellensburg ILA County (12-10-21)

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UGA Interlocal Agreement (12-09-21) – Page 4 of 14 efforts to protect the City’s proposed transportation corridors on each development application (long plats, short plats, and building permits) within the UGA, as identified on Exhibit D, that the County receives as follows: a) The County shall provide a copy, within seven (7) days of receipt, of any development application within the City’s UGA. It shall be the responsibility of the City to respond to the County’s notification within ten (10) business days to identify and describe the required transportation corridor on each development application and to propose wording for the required permit application condition related to the protection of transportation corridors. b) Where the City’s proposed wording for protection of the City’s road corridors has been included by the County as a condition of a development permit, the City shall defend and indemnify the County in the event of an appeal or other legal challenge to the protection of transportation corridors or the specific conditions attached to project permits for that purpose. c) The County will also require that any deferral of right-of-way improvements be formalized in a legal instrument that will be recorded with the Kittitas County Auditor and which shall run with the property and bind all future owners to the requirements of the deferral. At a minimum, the County shall require that arterial and collector street identification and development shall be required for new development within the UGA. The boundaries of annexations bordering the right-of-way of any public street, road, or highway will be determined as set forth in RCW 35A.14.410 as currently enacted or hereafter amended. d) The City, upon written request from the County, agrees to provide such maintenance as may be requested for all streets and associated street improvements in the right of way in the UGA built to City standards following approval of a final plat and dedication of improvements to the County. The County shall reimburse City for costs as outlined in the February 19, 2002 Interlocal Agreement for Municipal Services, as amended by the June 20, 2017 agreement adopted in County Resolution 2017-02/City Resolution 2017-19. 6.4. The City and County agree to coordinate their annual and periodic land use updates within the UGA. The City and County agree to coordinate their annual and six (6)- year transportation improvement plans, as further described below in section 12.4. 7. TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. In the event the City adopts a TDR program, it will cooperate with the County on developing a separate agreement to coordinate implementation of both TDR programs to allow transfer of development potential from the County’s resource lands to its urban properties appropriate for development and consistent with the urban development standards within the UGA and City. 8. ZONING AND LAND USE DESIGNATION CONSISTENCY. The County and City agree to coordinate with each other on any proposals to amend the City’s or the County’s GMA Comprehensive Plans relating to the UGA and on any rezone proposals within the UGA in order to determine consistency with the purposes and requirements of the GMA, this Agreement and with the Preferred Land Use Designation Map attached