Chapter 15.44
VESTING OF DEVELOPMENT RIGHTS
Sections:
15.44.010 Short Title.
15.44.020 Intent.
15.44.030 Definition.
15.44.040 Vesting of Development Rights.
15.44.050 Limitations Not Restrictive.
15.44.060 Building Permit Requirements.
15.44.070 Severability.
15.44.010 Short Title.
This chapter shall be known and may be cited as the "Vesting of Development Rights" Ordinance of the City of Tumwater.
(Ord. 1332, Added, 07/07/1992)
15.44.020 Intent.
It is the intent of the City of Tumwater to comply with RCW 19.27.095 by defining when a valid and fully complete building permit application for a structure exists for the purpose of establishing the point of vesting of development rights.
(Ord. 1332, Added, 07/07/1992)
15.44.030 Definition.
For the purpose of this code, a "valid and fully complete building permit application" means the following requirements have been met for any construction project:
A. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, Manner of Listing Real Estate, and the street address if available, and may include any other identification of the construction site by the prime contractor.
B. The property owner’s name, address, and phone number.
C. The prime contractor’s business name, address, phone number, current state contractor registration number.
D. Either:
1. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
2. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project.
E. If any of the information required by subsection "D" of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
F. Plans, specifications and reports, as required by City Code, Title 15, Buildings and Construction.
G. A completed environmental checklist for applicable projects.
H. Accompanying the building permit application, a completed application and all information required to be filed for:
1. Preliminary Site Plan Review Application;
2. Zoning Conditional Use Permit;
3. Zoning Variance;
4. Zoning Planned Unit Development;
5. Zoning Certificate of Appropriateness;
6. Shoreline Permit, Conditional Use Permit or Variance;
7. Clearing and Grading Permit;
8. Land Clearing Permit;
9. Wetlands Permit;
10. Any other land use or environmental permit in effect on the date of application.
I. Accompanying the building permit application, payment of all fees, including but not limited to items listed in subsection (G) and (H), plan check fees required under the provisions of the Tumwater Municipal Code, resolutions setting forth fees, and the State Building Code.
(Ord. 1332, Added, 07/07/1992)
15.44.040 Vesting of Development Rights.
A valid and fully complete building permit application for a structure that is allowable under the City Code, Title 18, Zoning, or other land use and environmental control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use and environmental control ordinances in effect on the date of application, including any impact fee ordinance.
(Ord. 1332, Added, 07/07/1992)
15.44.050 Limitations Not Restrictive.
The limitations imposed by Section 15.44.040 shall not restrict conditions imposed under Chapter 43.21(C) RCW, State Environmental Policy, and Chapter 16.04 TMC, Environmental Policy.
(Ord. 1332, Added, 07/07/1992)
15.44.060 Building Permit Requirements.
The following processes will be complied with in the processing of building permits in the City.
A. The information required on the building permit application by Section 15.44.030 (A) through (D) shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
B. The information required of the applicant by Section 15.44.030 shall be kept on record in the office where building permits are issued and made available to any person on request.
(Ord. 1332, Added, 07/07/1992)
15.44.070 Severability.
If any section, paragraph, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 1332, Added, 07/07/1992)