§ 19.41.060. Expiration for projects commenced on or after September 1, 2005.

A.

Notwithstanding any other provision of this title, for any approved application for which no expiration date was in effect on September 1, 2005, an expiration date two years following the date of approval of the permit shall apply, unless the holder of the permit files a petition before such date for a vested rights determination pursuant to Article 5 of this title, alleging that progress has been made toward completion of the project for which the application subject to expiration was submitted. If a vested rights petition is timely submitted, the city council shall determine the expiration date of the permit in deciding the petition.

B.

Notwithstanding any other provision of this title, once a permit has expired under subsection A of this section, all previously approved applications for the same land also shall expire no later than five years from the date of filing of the first application for the project for which the expired application was submitted, unless the holder of such permit(s) files a petition before such date for a vested rights determination pursuant to Article 5 of this title, alleging that progress has been made toward completion of the project for which the applications subject to expiration were submitted. If a vested rights petition is timely submitted, the city council shall determine the expiration date of the previously approved permits in deciding the petition.

C.

Progress toward completion of a project shall mean that any of the following events have occurred within relevant time periods:

1.

An application for a final plat or plan has been submitted to the city, and remains in effect at the time the vested rights petition was submitted;

2.

A good faith attempt is made to file an application with the city to continue the project;

3.

Costs have been incurred by applicant for developing the project, including without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

4.

Fiscal security is posted with the city to ensure performance of an obligation, and remains in effect at the time the vested rights petition was submitted; or

5.

Utility connection fees or other fees for the project have been paid and have not been refunded.

(Ord. 16882 § 2 (part), 2008)