4-1-045 VESTING REGULATIONS:

A. PURPOSE:

The purpose of this Section is to implement state laws that provide for vesting. This Section 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 Section 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.

B. GENERAL:

Vesting of applications is governed by the rules of RCW 19.27.095, Building permit application – Consideration – Requirements, and RCW 58.17.033, Proposed division of land – Consideration of application for preliminary plat or short plat approval – Requirements defined by local ordinance, as they exist or may be amended. The vested rights doctrine shall not be applied more broadly than its intended scope. (Ord. 5984, 10-26-2020)

C. VESTING APPLICABILITY:

1. This Section applies to, and vesting occurs with, the filing of a complete application of the following:

a. Building permits (including but not limited to combo permits, grading licenses, and sign permits);

b. Preliminary plats, final plats, short plats; and

c. Any other land use permit application that is specifically identified by the Washington State legislature as being covered by the vested rights doctrine.

2. Vesting does not apply to the following:

a. Incomplete, invalid, inaccurate or defective building permit applications;

b. Fees or taxes, including, but not limited to, impact fees;

c. Pre-application plans;

d. Any other application or permit not specifically identified in this subsection C, as it exists or may be amended;

e. Uses not specifically disclosed in the application; or

f. Any application or permit that may reasonably result in a threat to the public health, safety, or welfare of the community. The City’s exercise of police power to protect the public health and safety, and/or general welfare immediately extinguishes any “vested right.” (Ord. 6001, 12-14-2020)

D. VESTING OF BUILDING APPLICATIONS:

1. Allowed Use: A building application must be allowed under the zoning or other land use control ordinances in effect on the date of the application to be deemed a valid and fully complete building application.

2. Supplemental Information: Supplemental information required after an application is deemed complete shall not affect the validity of the vesting for the application.

3. Revisions: Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new application when such revisions would result in a substantial change in the basic site design plan, intensity, density, or similar factors, involving a change of ten percent (10%) or more. Vesting for the new application shall occur upon the date of submission of a valid and fully complete building application for the changed project.

E. VESTING OF LAND USE PERMIT APPLICATIONS:

The following applies to all applications described in subsection C of this Section, as it exists or may be amended, excluding building permits.

1. Consistency Review: Applications shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete.

2. Construction and Utility Standards:

a. An application shall be reviewed for consistency with the construction and utility standards in effect on the date a 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 subsection C of this Section, as it exists or may be amended, to vest for construction or utility standards.

b. A site development application for stormwater design and construction may vest on the date of preliminary plat or conditional use permit application if the applicant submits construction permit application within one hundred eighty (180) calendar days of complete preliminary plat or conditional use permit application and is consistent with the information listed in RMC 4-8-120A, B and C, as they exist or may be amended, and any site-specific information identified in a pre-application meeting summary.

c. 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 subsection C of this Section, as it exists or may be amended.

3. Effective Regulations: An application shall be subject to all development regulations in effect on the vesting date.

4. Identified Development: An application that is deemed complete is vested for the specific use, density, and physical development identified in the application.

5. Applicable Standards: Applications submitted that are not listed in subsection C of this Section, as it exists or may be amended, shall be governed by the standards applicable to the specific application type. These applications shall not vest for any additional development regulations.

6. Owner Solely Responsible: The property owner is responsible for monitoring the time limitations and review deadlines for the application. The City shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed, but shall be subject to the development regulations in effect on the date of the new application.

7. The application does not vest to processes and procedures.

F. DURATION OF VESTING:

1. Building Permits: Development of a building shall be based on the controls contained in the approved permit application, and permits are subject to expiration periods identified in the International Building Code (IBC) and adopted by reference herein in RMC 4-5-050, as it exists or may be amended.

2. 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 of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare.

3. Permits Associated with a Plat: Permit applications, such as Planned Urban Developments (PUD) applications, that are approved as a companion to a plat application, shall remain valid for the duration of the permit application type or plat, whichever is longer.

4. Short Plat: The lots in a short plat 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 (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare.

5. All permits described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. (Ord. 5953, 11-18-2019; Ord. 5984, 10-26-2020; Ord. 6001, 12-14-2020)

G. MODIFICATIONS:

Proposed modifications to an application listed in subsection B of this Section, as it exists or may be amended (excluding Building Permits), which have been deemed to be complete, shall be subject to the requirements below:

1. Modifications proposed by the Department of Community and Economic Development to an application shall not be considered a new application.

2. Any modification to an application may require revised public notice and/or additional review time.

3. Modifications proposed by the applicant to an application which meet or exceed any of the criteria for a major revision and/or amendment, pursuant to the criteria in RMC 4-7-080M or 4-9-030J, as they exist or may be amended, shall require a new application. The new application shall conform to the development regulations which are in effect at the time the new application is submitted.

4. Proposed modifications to applications that do not exceed the major revision and/or amendment criteria pursuant to RMC 4-7-080M or 4-9-030J, as they exist or may be amended, shall be reviewed for the development regulations in effect on the date of the original complete application. (Ord. 5965, 3-2-2020)

H. WAIVER OF VESTING:

1. Voluntary Waiver: 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 and Economic Development Administrator 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 above in subsection G of this Section and may require revised public notice and/or additional review time.

2. Major Plat Amendments: Major plat amendments shall constitute a voluntary waiver of vested rights at the time of the submittal of the major plat amendment, unless otherwise approved by the Community and Economic Development Administrator. (Ord. 5675, 12-3-2012)