HomeMy WebLinkAboutILA1987-005 - Original - City of Des Moines - Jurisdictional Responsibility on Pacific Highway South Boundaries - 02/27/1987 *-- n�rF.Rr�cAL AGREEMENT
THIS AGRFEMEtIT is entered into between the City of Des Moines and the
city of Kent, municipal corporations.
WHEREAS, the boundaries of the City of Des Moines and the City of Kent
are contiguous west of Pacific Highway South between the Kent-Des Moines Road
and South 252nd Street, and
WHEREAS, building sites may be located within both jurisdictions, and
WHEREAS, a policy is needed to provide for orderly processing of
licenses and permits where dual jurisdiction occurs,
NOW, TBEREFORE, it is hereby agreed between the parties as follows:
Section 1. Lead Agency.
a. Tien a building site is located both in the City of Kent and
the City of Des Moines, a lead agency will be determined. The lead agency will
have primary responsibility for coordinating development reviews, conducting
plan checks and building inspections, and collecting and distributing permit
fees as provided below.
b. Lead agency status will be determined pursuant to WAC
197-11-932, i.e. , the lead agency shall be that municipality within whose
jurisdiction is located the greatest portion of the proposed project area, as
measured in square feet.
Section 2. Development Review.
a. A joint development review will be employed to work out
minl=m setbacks and other zoning requirements, required landscaping, etc. A
preliminary review shall be held to define such developmental constraints. A
final review and joint approval of site plan features shall be required prior
to acceptance of the building permit application. The lead agency shall be
responsible for compliance with the State Environmental Policy Act, as amended,
RCW 43.21C.
b. For permits and approvals under the jurisdiction of a
discretionary board of a municipality, when such permits or approvals are
required by one municipality but not the other, such permits or approvals shall
be obtained prior to final site plan approval. The municipality requiring any
approval and/or permit shall incorporate the recommendations of the other
municipality in its staff report to the deciding municipality.
C. For permits and approvals which are not subject to the
discretionary review of a municipality as described in Section 2.b, but are the
subject of administrative determination, and such permits or approvals are
required by one municipality but not the other, they shall be obtained
subsequent to final site plan approval by the lead agency. Where such permits
or approvals are required by both municipalities, the lead agency shall have
exclusive authority and responsibility for granting the permit or approval in
accordance with the ordinances of the lead agency, including assessment of any
fees.
d. Minimum zoning requirements of each jurisdiction shall be
met. In case of discrepancy between zoning provisions of the City of Des
Moines and the City of Kent, the more stringent regulations, as determined by
the lead agency, shall apply.
Section 3. Business Licenses.
Business licenses shall be secured from the lead agency, who is
responsible for notifying the secondary agency when a change in business use is
Proposed. No business license shall be issued without having secured
zoning/bui.lding/fire code compliance from both municipalities or agencies.
MAR 3 19157 p1
Section 4. Fees.
Where permits or approvals are required by one municipality and
riot the other, the developer shall be responsible to the particular
municipality for payment of fees as if this agreement did not exist. When such
permits or approvals are required by both muncipalities, the developer will be
responsible solely to the lead agency for payment of fees. All fees collected
by the lead agency shall be designated as "Interlocal Agreement Lead Agency
Permit Fee Fund." Disbursements to the City of Kent and City of Des Moines
shall be made pursuant to their established legislative and administrative
policies respectively.
Section 5. Hold Harmless.
The lead agency shall defend and hold the non-lead agency, its
elected officers, employees and agents harmless and shall indemnify such
persons from and against all losses, claims, demands, suits, actions, payments,
judgements and any and all other expenses, legal and otherwise, incurred by the
non-lead agency in defense of any suit or claim as a result of any actions or
non-actions by any personnel of the lead agency pursuant to this agreement.
Section 6. Termination.
This Agreement shall be effective for a period not to exceed forty
(40) years unless otherwise extended or terminated by either City upon ninety
(90) days written notice of one party to the other party.
IN WITNESS THEREOF, the parties their adherence to this interlocal
agreement is evidenced by the following signatures.
City of Des Moines
Dated: February 6, lya% I�-Wc �
By: Stan McNutt, City Manager
Attest:
ty Clerk
City of Kin
Dated: ��` 7 !,_ IL
BY: /
Attest:
2 : ,
427P-23P
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