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To the extent not precluded by other sections of this code, an applicant for a Master Development Plan may request a modification to the vesting and expiration provisions of LUC 20.40.500, allowing for vesting of the land use permits and approvals for a period of up to 10 years from the date of issuance of the Master Development Plan.

A. Timing of Request for Modification. The request for modification may be submitted with the application for land use review or at any time prior to expiration of a previously approved land use permit or approval pursuant to LUC 20.40.500. If submitted at the time of application for the land use review, the decision on the request for modification shall be merged with the decision on the underlying land use permit. If submitted after the land use permit or approval has been issued, the request for modification shall be processed pursuant to LUC 20.30F.175 or 20.30V.160.B. In no event shall the vesting period for a Master Development Plan or associated Design Review approval exceed 10 years from the date of issuance of the Master Development Plan approval pursuant to LUC 20.30V.150.

B. The Director may approve an increased vesting period; provided, that the project complies with an approved phasing plan pursuant to LUC 20.30V.130. The Director shall consider: (1) the site and size, (2) the size, scope and complexity of the project, and (3) construction and permitting activity in the vicinity of the project in determining the appropriate vesting period. The vested status of other required review, including but not limited to SEPA, Traffic Standards Code, Transportation Development Code, and building or other technical code review, is not controlled by this section.

C. The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the condition of land use approval and the phasing plan throughout the vested period. (Ord. 5727, 3-19-07, § 2)