Chapter 14.11
VESTING
Sections:
14.11.020 Vesting of project permits.
14.11.040 Duration of approvals.
14.11.010 Definitions.
For purposes of chapter, the following definitions shall apply:
A. “Complete application” means a permit application that includes all of the information required for such permit by the director and the Fife Municipal Code, and the applicable fee is paid. Supplemental information required after vesting of a complete application shall not affect the validity of the vesting for such application.
B. “Project action” means a specific activity, located in a defined geographic area, relating to construction or development of such area.
C. “Project permit” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations.
D. “Vesting” means the establishment of a date that is used to determine which zoning and other land use control ordinances the city will apply to the review of a complete project permit application. (Ord. 1675 § 2, 2008).
14.11.020 Vesting of project permits.
A. All project permit applications shall be considered under the zoning and other land use control ordinances in effect on the date a complete application for such permit is filed.
B. Vesting of an application does not vest any subsequently required permits, nor does it affect the requirements for vesting of subsequent permits or approvals, except that complete applications for subdivisions and short subdivisions are vested for the specific use and density that is identified in the application submittal, subject to the time limitations set forth in RCW 58.17.170.
C. A complete application for a grading or filling permit does not vest as to stormwater management regulations unless a complete stormwater drainage permit application is submitted concurrently. Complete grading or filling permit applications vest only to the grading and filling on the property and do not vest any subsequent development or construction activities.
D. Project permit applications do not include pre-application submittals or materials. SEPA checklists and other SEPA submittals by themselves do not vest a project, but may be considered in determining whether the underlying project permit application is complete. (Ord. 1676 § 106, 2008; Ord. 1675 § 3, 2008).
14.11.030 Waiver of vesting.
A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the community development director stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. (Ord. 1675 § 4, 2008).
14.11.040 Duration of approvals.
A. Except where a different duration is established elsewhere in the Fife Municipal Code, by executed development agreement, or by state or federal law, all project permits shall expire two years after the date of issuance if construction of the project has not been substantially completed.
B. For project permits subject to the two-year duration set forth in subsection (A) of this section, the body charged with granting the project permit may extend the date of permit expiration up to two years for good cause, upon request by the applicant at least 30 days prior to expiration of the permit. Requests for extensions shall be submitted on forms provided by the city with a fee equal to one-half of the permit application fee. “Good cause” shall mean the applicant was unable to substantially complete construction due to circumstances beyond the applicant’s control and not foreseeable at the time of permit issuance, and the applicant demonstrates the ability to complete the project within the extended time period. (Ord. 1675 § 5, 2008).