(1) Authorization. Subject to final approval by the county council, the county executive is authorized to negotiate and execute interlocal agreements with cities providing for the use of TDR certificates issued pursuant to this chapter in connection with development approvals within incorporated TDR receiving areas designated or zoned by a city. Execution of such agreements by the county shall be subject to the applicable requirements of this chapter and the comprehensive plan.

(2) Substantive requirements. Interlocal agreements executed by the county pursuant to subsection (1) of this section shall provide for the use of TDR certificates issued by the county pursuant to SCC 30.35A.050 in connection with development applications within incorporated TDR receiving areas. Such agreements shall also contain additional provisions necessary to implement the comprehensive plan, including a process by which the city shall provide TDR certificates and an associated TDR extinguishment document to the county following transfer of the TDR certificates to an incorporated receiving site consistent with the requirements of SCC 30.35A.115.

(3) Alternative to interlocal agreements. The terms and conditions for counties in WAC 365-198-050, except for the optional terms in WAC 365-198-050(2), and the joint terms and conditions for counties, cities, and towns in WAC 365-198-060 are incorporated into this section by reference as an alternative to an interlocal agreement to provide for the transfer of development rights from the county to cities and towns. If a city or town chooses to adopt terms and conditions in addition to those incorporated by reference in this subsection, those terms and conditions shall not be binding on the county. This subsection shall not preclude the county and any city from entering into an interlocal agreement to supplement or clarify the terms and conditions incorporated by reference in this subsection. The county shall not be obligated to perform under this subsection with regard to any city or town that meets the conditions set forth in WAC 365-198-060(4)(a) or (b). (Added by Amended Ord. 06-046, July 19, 2006, Eff date Aug. 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).