17.14.040 Time limitations | Lakewood Municipal Code

17.14.040 Time limitations.

A. In General. A final plat meeting all of the requirements of law shall be submitted to the City within 10 years of the date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW (Shoreline Management Act) and the date of preliminary plat approval is on or before December 31, 2007, within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. The approval of a preliminary plat shall be automatically null and void if final plat approval is not obtained within the time limitations specified herein.

In addition, pursuant to RCW 58.17.170 (3)(b), a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of 10 years after final plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW (Shoreline Management Act) and the date of final plat approval is on or before December 31, 2007, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Otherwise, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015 (RCW 58.17.170).

1. Time for Filing. A written application for any extension of time under the provisions of this section shall be filed with the Community and Economic Development Department at least 30 days prior to the expiration of the existing period of approval currently applicable. The applicable time period shall be tolled from the date of filing the application for extension until the date of the final decision by the City. Each application shall be accompanied by payment of a filing fee in an amount established by separate resolution.

2. Additional Extensions – Changed Conditions. Upon filing of an application for extension, a copy shall be sent to each party of record together with governmental departments or agencies as were involved in the process of preliminary plat approval. By letter, the Examiner shall request that written comments, if any, be delivered to the Examiner’s office within 10 working days of the date of the Examiner’s letter. If any comment requests the alteration or expansion of conditions of approval, the applicant shall be provided with a copy of such proposal and a period of 10 working days in which to file objections, if any, or a request for formal hearing. In the absence of such objection, the Examiner may conclude that the proposed change in conditions is acceptable to the applicant and proceed to a decision in accordance with procedures set forth in this section.

3. Hearing Examiner – Hearing. If, in the opinion of the Examiner, substantial issues have been raised concerning the application for extension, the Examiner may schedule a public hearing. In the case of a request for extensions of time beyond the initial one-year period, if a proposal is made to change the conditions of approval, a public hearing shall be held upon written request by the applicant or any party of record upon a determination by the Hearing Examiner that there are substantial issues which necessitate a public hearing.

a. With Hearing. If a public hearing is held under the provisions of subsection (B)(3) of this section, the Examiner shall issue a decision together with findings and conclusions in support thereof within 10 working days of the date of the hearing.

b. Without Hearing. If no public hearing is held, the Examiner shall issue his decision within 10 working days of the date upon which written comments were to be filed with the Examiner.

c. Hearing Examiner Decision. The decision of the Examiner to grant or deny extensions of time shall be final.

C. Stages. If the developer desires to develop said subdivision in stages, each stage or division must be approved within the time limits specified herein. [Ord. 726 § 2(Exh. A), 2019; Ord. 591 § 30, 2015; Ord. 60 § 1, 1996.]