22.06.090 Expirations and extensions.
The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit:
A. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and the Act, the city may adopt appropriate time limits as a part of an action on a substantial development permit and the city, with the approval of the Department of Ecology, may adopt appropriate time limits as a part of action on a conditional use or variance permit. “Good cause based on the requirements and circumstances of the project” shall mean that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources.
B. Where neither the city nor the Department of Ecology includes specific provisions establishing time limits on a permit as a part of an action on the permit, the following time limits shall apply:
1. Construction shall be commenced or, where no construction is involved, the use or activity shall be commenced within two years of the effective date of a shoreline permit. Provided, that the city may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology.
2. Authorization to conduct development activities shall terminate five years after the effective date of a shoreline permit. Provided, that the city may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology.
3. The effective date of a shoreline permit shall be the date of the last action required on the shoreline permit and all other government permits and approvals that authorize the development to proceed, including all administrative and legal actions on any such permit or approval. It is the responsibility of the applicant to inform the city of other permit applications filed with agencies other than the city and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the city prior to the date established by the shoreline permit or the provisions of this section, the expiration of a permit shall be based on the shoreline permit.
4. When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, that an alternative compliance limit may be specified in the permit.
5. Revisions to permits under WAC 173-27-100 may be authorized after original permit authorization has expired under subsection (B)(2) of this section; provided, that this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit.
6. The city shall notify the Department of Ecology in writing of any change to the effective date of a permit, as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by this section shall require a new permit application. [Ord. 2013-02-005 § 2 (Exh. 1)].