23.76.045 Vesting and expiration of permits and applications.
A. Projects Requiring Only Clearing and Grading Permits.1
1. Vesting Date. An application for an independent clearing and grading permit, pursuant to BCC 23.76.040, shall vest to this chapter, Chapter 24.06 BCC, now or as hereafter amended, and the corresponding development and engineering standards, on the date that a complete clearing and grading permit application is submitted consistent with the requirements of BCC 23.76.035(E), now or as hereafter amended.
2. Expiration of Vested Status.
a. Before Issuance. An application for clearing and grading permit shall expire as follows:
i. An application for a clearing and grading permit for which no permit is issued within one year following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law. The director may, prior to expiration, extend the time for action by the applicant for a period not exceeding 180 days.
ii. An application for a clearing and grading permit may be canceled for inactivity if an applicant fails, without reasonable justification, to respond to the department’s written request for revisions or corrections within 90 days. The director may extend the response period beyond 90 days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions.
iii. In addition to the extension allowed in subsections (A)(2)(a)(i) and (A)(2)(a)(ii) of this section, the director may extend the life of an application if any of the following conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other city review is in progress; provided the applicant has submitted a complete response to city requests or the director determines that unique or unusual circumstances exist that warrant additional time for such response, and the director determines that the review is proceeding in a timely manner toward final city decision; or
(c) Litigation against the city or the applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.
iv. In no event may the director extend the application for a period of more than 180 days following the conclusion of the applicable condition described in this subsection.
b. After Permit Issuance. The clearing and grading permit shall expire as follows:
i. The permit shall expire if the authorized work is not begun within one year from the date of permit issuance, or if work is abandoned for over 180 days.
ii. If the authorized work is continually performed, the permit shall expire one year from the date of issuance unless a different time frame is specified on the permit or an extension is granted. Two one-year extensions may be granted by the director; provided, that conditions which were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension.
iii. If the clearing and grading permit is revoked pursuant to BCC 23.76.175, now or as hereafter amended or otherwise canceled, the vested status of the clearing and grading permit shall expire on the date of revocation or cancellation.
B. Projects Requiring Prior Discretionary Land Use Permit or Approval.
1. Vesting Date. The vesting date for a clearing and grading permit requiring a prior discretionary land use permit or approval is contingent on the level of engineering detail provided by the applicant as described below:
a. Engineering Details Provided. For applicants that satisfy the submittal requirements of the director specified in BCC 23.76.035(E), and also satisfy the storm and surface code submittal requirements for site development engineering, the vesting date to this chapter, Chapter 24.06 BCC, and the corresponding development and engineering standards is the date of issuance of the discretionary land use decision.
b. Conceptual Details Provided. For applicants that choose not to provide submittal requirements for site development engineering, the vesting date to this chapter, Chapter 24.06 BCC, and the corresponding development and engineering standards is the date that a complete building permit application is submitted consistent with the requirements of BCC 23.05.090(E), now or as hereafter amended.
2. Expiration of Vested Status.
a. Clearing and Grading Permit Vested with a Discretionary Permit or Approval. The vested status of a clearing and grading permit with a vesting date established pursuant to subsection (B)(1)(a) of this section shall run with the vested status of the underlying land use permit or approval and expire pursuant to the terms of LUC 20.40.500, now or as hereafter amended.
b. Clearing and Grading Permit Vested with a Complete Building Permit Application. The vested status of a clearing and grading permit with a vesting date established pursuant to subsection (B)(1)(b) of this section shall expire as follows:
i. Before Building Permit Issuance. The vested status of the clearing and grading permit shall run with the vested status of the building permit application and expire pursuant to the terms of BCC 23.05.090(H), now or as hereafter amended.
ii. After Building Permit Issuance. The vested status of the clearing and grading permit shall run with the vested status of the issued building permit and expire pursuant to the terms of BCC 23.05.100(E), now or as hereafter amended. The vested status of the clearing and grading permit shall be automatically extended for the life of the building permit. If the building permit expires, or is revoked or canceled pursuant to BCC 23.05.100, now or as hereafter amended, or otherwise, then the vested status of a clearing and grading permit shall also expire, or be revoked or canceled.
C. Projects Requiring Building Permits and No Prior Discretionary Land Use Permit or Approval.
1. Vesting Date. A clearing and grading permit for a project that requires building permits and no prior discretionary land use permit or approval shall vest to this chapter, Chapter 24.06 BCC, and the corresponding development and engineering standards on the date that a complete building permit application is submitted consistent with the requirements of BCC 23.05.090(E), now or as hereafter amended.
2. Expiration of Vested Status.
a. Before Building Permit Issuance. The vested status of the clearing and grading permit shall run with the vested status of the building permit application and expire pursuant to the terms of BCC 23.05.090(H), now or as hereafter amended.
b. Post Building Permit Issuance. The vested status of the clearing and grading permit shall run with the vested status of the issued building permit and expire pursuant to the terms of BCC 23.05.100(E), now or as hereafter amended. The vested status of the clearing and grading permit shall be automatically extended for the life of the building permit. If the building permit expires, or is revoked or canceled pursuant to BCC 23.05.100, now or as hereafter amended, or otherwise, then the vested status of a clearing and grading permit shall also expire, or be revoked or canceled. (Ord. 6318 § 18, 2016; Ord. 5906 § 10, 2009; Ord. 5528 § 10, 2004; Ord. 4754 § 2, 1995. Formerly 23.76.035.)