Chapter 15.44
VESTING OF DEVELOPMENT RIGHTS
Sections:
15.44.040 Vesting of development rights.
15.44.050 Limitations not restrictive.
15.44.060 Building permit requirements.
15.44.020 Intent.
It is the intent of the city of Tumwater to comply with RCW 19.27.095 and 58.17.033 by defining when a valid and fully complete building permit application for a structure and a valid and fully complete binding site plan, preliminary plat, or preliminary short plat application exists for the purpose of establishing the point of vesting of development rights.
(Ord. O2022-004, Amended, 06/07/2022; Ord. O2010-017, Amended, 12/21/2010; Ord. 1332, Added, 07/07/1992)
15.44.030 Definition.
A. For the purpose of this code, a “valid and fully complete building permit application” means the following information has been provided for any construction project:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor.
2. The property owner’s name, address and phone number.
3. The prime contractor’s business name, address, phone number, and current state contractor registration number.
4. Either:
a. The name, address and phone number of the office of the lender administering the interim construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project.
5. If any of the information required by subsection (A)(4) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
6. Plans, specifications and reports, as required by this title.
7. A completed environmental checklist for applicable projects.
8. Accompanying the building permit application, a completed application and all information required to be filed for:
a. Preliminary site plan review application;
b. Zoning conditional use permit;
c. Zoning variance;
d. Zoning planned unit development;
e. Zoning certificate of appropriateness;
f. Shoreline permit, conditional use permit or variance;
g. Site development/grading permit;
h. Land clearing permit;
i. Wetland permit;
j. Wireless communications facility permit;
k. Wetland or fish and wildlife habitat protection reasonable use exception;
l. Any other land use or environmental permit in effect on the date of application.
9. Payment of all fees, including but not limited to items listed in subsections (A)(7) and (8) of this section, plan check fees required under the provisions of the Tumwater Municipal Code, and resolutions setting forth fees.
B. For the purpose of this code, a valid and fully complete binding site plan, preliminary plat, or preliminary short plat application requires at a minimum that the following information has been provided:
1. Submittal of all plans, reports and other materials required by the city’s development guide, TMC Title 17, Land Division, and other applicable development regulations, and shall include the following general information:
a. A completed binding site plan, preliminary plat, or preliminary short plat application form and intake checklist;
b. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all the owners of the affected property;
c. A property and/or legal description of the site for all applications, as required by the applicable development regulations;
d. The application fee;
e. Evidence of adequate water supply as required by RCW 19.27.097;
f. Evidence of sewer availability, or approval and authorization to construct a community or individual sewer or septic system.
(Ord. O2022-004, Amended, 06/07/2022; Ord. O2010-017, Amended, 12/21/2010; Ord. 1332, Added, 07/07/1992)
15.44.040 Vesting of development rights.
A. A valid and fully complete building permit application for a structure that is allowable under TMC Title 18, Zoning, or other land use control ordinances in effect on the date of the application shall be vested under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application.
B. A valid and fully complete binding site plan, preliminary plat, or preliminary short plat application that is allowable under TMC Title 17, Land Division, and TMC Title 18, Zoning, or other land use control ordinances in effect on the date of the application shall be vested under binding site plan, subdivision, or short subdivision ordinances and zoning or other land use control ordinances in effect on the date of application; provided, that the provisions of RCW 58.17.170 shall dictate the development regulations applicable to a preliminary plat application for development or use of land subject to an unexpired subdivision approval (this provision shall not apply to land subject to an unexpired short subdivision approval).
(Ord. O2022-004, Amended, 06/07/2022; Ord. O2010-017, Amended, 12/21/2010; Ord. 1332, Added, 07/07/1992)
15.44.050 Limitations not restrictive.
The limitations imposed by TMC 15.44.040 shall not restrict conditions imposed under Chapter 43.21C RCW, State Environmental Policy Act, and TMC Chapter 16.04, Environmental Policy.
(Ord. O2010-017, Amended, 12/21/2010; Ord. 1332, Added, 07/07/1992)
15.44.060 Building permit requirements.
The following processes will be complied with in the processing of building permits in the city:
A. The information required on the building permit application by TMC 15.44.030(A)(1) through (4) shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
B. The information required of the applicant by TMC 15.44.030 shall be kept on record in the office where building permits are issued and made available to any person on written request.
(Ord. O2010-017, Amended, 12/21/2010; Ord. 1332, Added, 07/07/1992)