B. An application described herein utilizing vested rights shall be subject to all land use and development statutes, regulations, and ordinances in effect on the vesting date.
C. Applications shall be considered vested on the date a written determination of completeness is mailed (postmarked) or hand delivered to the applicant or the applicant's designee. The community development director's issuance of a written determination of completeness pursuant to section 11-2C-8 of this title, or the failure of the community development director to provide such a written notice within twenty eight (28) days of the date it is mailed or hand delivered, shall cause an application to be conclusively deemed vested. The applicable date is known as the vesting date.
D. Supplemental information required after vesting of a complete application shall not affect the validity of vesting for such application unless the information is requested because incorrect information is submitted by the applicant and the incorrect information would materially affect the final decision on the application.
E. Modifications required by the community development director to a pending application, other than those set forth in subsection D of this section, shall not be deemed a new application and shall not affect vesting.
F. An applicant requested modification occurring either before or after issuance of the permit shall eliminate vesting, when such modification would result in a substantial change in a project's review requirements, as determined by the community development director. Under such a condition, the application will be deemed a new application. Examples of a substantial change include modifications resulting in a different type of decision (e.g., administrative to hearing examiner), or a change requiring a new SEPA threshold determination. Modifications that reduce the scope of a proposal or reduce environmental impacts would not be considered a substantial change.
G. An application that is deemed complete is vested for the specific use, density, and physical development that is identified in the application submittal.
H. Building permits that may subsequently be required to construct or complete a vested land use project shall be considered new applications under the building code and shall be subject to the edition of the building code in place at the time application is made.
I. Nothing herein shall restrict the community development director's authority to impose conditions on project permits pursuant to the state environmental policy act (SEPA), chapter 43.21C Revised Code Of Washington and chapter 197-11 Washington administrative code.
J. Nothing herein shall be construed to restrict the community development director's ability, to the extent otherwise permitted by law, to apply new regulations to a project permit or project permit application upon a finding that a change in conditions creates a serious threat to the public health and safety.
K. If the application expires, a new application may be filed with the city but will not be considered vested under the expired application and instead shall be subject to the development regulations in effect on the date of the new application. (Ord. 919, 8-3-2015)
Notes
| 1 | 1. RCW 19.27.095. |
| 2 | 2. RCW 58.17.033. |
| 3 | 3. RCW 36.70B.180. |