Chapter 18.160
VESTING Amended Ord. 2013-45s4

Sections:

18.160.020    Purpose.

18.160.030    Applicability.

18.160.050    Vesting of Applications.

18.160.060    Duration of Vesting. Amended Ord. 2013-45s4

18.160.090    Waiver of Vesting.

18.160.020 Purpose.

The purpose of this Chapter is to implement plan policies and state laws that provide for vesting. This Chapter is intended to provide property owners, permit applicants, and the general public assurance that regulations for project development will remain consistent during the lifetime of the application. The Chapter also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current development regulations and current land use controls apply. (Ord. 98-66S § 1 (part), 1999)

18.160.030 Applicability.

This Chapter applies to complete applications and permit approvals required by Pierce County pursuant to the Title 18 series, including and limited to use permits, preliminary plats, final plats, short plats, large lot divisions, binding site plans, shoreline development permits and any other land use permit application that is determined by Washington State law to be subject to the Vested Rights Doctrine. Vesting of building permit applications is governed by the rules of RCW 19.27.095 and Chapter 17C.10 PCC. (Ord. 2016-33 § 2 (part), 2016; Ord. 2016-14s § 1 (part), 2016; Ord. 2012-2s § 4 (part) 2012; Ord. 2009-98s § 3 (part), 2010; Ord. 98-66S § 1 (part), 1999)

18.160.050 Vesting of Applications.

A.    An application described in PCC 18.160.030 shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete.

B.    An application described in PCC 18.160.030 shall be reviewed for consistency with the construction and utility standards in effect on the date the separate application for a construction or utility permit is deemed complete. An applicant may submit a separate construction or utility permit application simultaneously with any application described in PCC 18.160.030 to vest for a construction or utility standard. The application or approval of a construction or utility permit or the payment of connection charges or administrative fees to a public utility does not constitute a binding agreement for service and shall not establish a vesting date for development regulations used in the review of applications described in 18.160.030.

C.    An application described in PCC 18.160.030 utilizing vested rights shall be subject to all development regulations in effect on the vesting date.

D.    An application described in PCC 18.160.030 that is deemed complete is vested for the specific use, density, and physical development that is identified in the application submittal.

E.    Applications submitted pursuant to the Title 18 series that are not listed in PCC 18.160.030 shall be governed by those standards which apply to said application. These applications shall not vest for any additional development regulations.

F.    The property owner is responsible for monitoring the time limitations and review deadlines for the application. The County shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the Department, but shall be subject to the development regulations in effect on the date of the new application.

(Ord. 2012-2s § 4 (part) 2012; Ord. 2009-98s § 3 (part), 2010; Ord. 2004-52s § 1 (part), 2004; Ord. 98-66S § 1 (part), 1999)

18.160.060 Duration of Vesting. Amended Ord. 2013-45s4

A.    Use Permits. The development of an approved use permit shall be governed by the terms of approval of the permit unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare. See PCC 18.150.060 for permit and approval expiration.

B.    Preliminary Plat. Development of an approved preliminary plat shall be based on the controls contained in the Hearing Examiner's decision. A final plat meeting all of the requirements of the preliminary plat approval shall be submitted within the time period specified in RCW 58.17.140. Any extension of time beyond the time period specified in RCW 58.17.140 may contain additional or altered conditions and requirements based on current development regulations and other land use controls.

C.    Use Permits Associated with a Preliminary Plat. Use Permit applications, such as Planned Development District applications, that are approved as a companion to a preliminary plat application, shall remain valid for the duration of the preliminary and final plat as provided in subsections B. and D.

D.    Final Plat. The lots in a final plat may be developed by the terms of approval of the final plat, and the development regulations in effect at the time the preliminary plat application was deemed complete for a period as specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

E.    Short Plat, Large Lot Division. The lots in a short plat or large lot division may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five years from the recording date unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

F.    Binding Site Plan. The lots in a Binding Site Plan may be developed by the terms of approval of the Binding Site Plan, and the development regulations in effect at the time the application was deemed complete unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

G.    All approvals described in this Section shall be vested for the specific use, density, and physical development that is identified in the permit approval.

H.    Sign Permit. A sign permit shall expire if the permit is not exercised within one year of its issuance. No extensions of the expiration date shall be permitted.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2012-2s § 4 (part) 2012; Ord. 98-66S § 1 (part), 1999)

18.160.090 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 Director stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria described in PCC 18.40.040 and may require revised public notice and/or additional review fees. (Ord. 2012-2s § 4, (part), 2012; Ord. 98-66S § 1 (part), 1999)