(1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under the Shoreline Master Program.

(2) No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the city until 21 days from the date a substantial development permit was filed with the Department of Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the 21 days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130.

(3) No permits and construction pursuant to a conditional use permit or variance shall begin or be authorized until 21 days from the date of notification of approval by the Department of Ecology, or until all review proceedings are completed as were initiated within the 21 days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130.

(4) Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143, construction activities, or a use or activity for which a permit has been granted pursuant to this Master Program, must be commenced within two years of the effective date of a shoreline permit, or the shoreline permit shall terminate and a new permit shall be necessary. However, the director 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 with the city before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology. “Construction activities” or “commencement of construction” means that construction applications must be submitted, permits must be issued, and foundation inspections must be approved and completed.

(5) A permit authorizing construction shall extend for a term of no more than five years after the effective date of a shoreline permit, unless a longer period has been specified pursuant to RCW 90.58.143 and subsection (7) of this section. If an applicant files a request for an extension prior to expiration of the shoreline permit, the director shall review the permit and upon a showing of good cause may authorize a single extension of the shoreline permit for a period of up to one year. Otherwise said permit shall terminate. Notice of the proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant’s responsibility to maintain valid construction permits in accordance with adopted building codes.

(6) If it is determined that standard time requirements of subsections (4) and (5) of this section should not be applied, the hearing examiner, upon a finding of good cause, may establish shorter time limits; provided, that as a part of action on a conditional use or variance permit the approval of the Department of Ecology shall be required. “Good cause” means 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.

(7) For purposes of determining the life of a shoreline permit, the effective date of a substantial development permit, shoreline conditional use permit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods do not include the time during which a use or activity was not actually pursued due to the pendency of appeals or legal actions, or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed.

(8) It is the responsibility of the applicant to inform the director of the pendency of other permit applications filed with agencies other than the city, and of any related administrative or 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 expiration date established by the shoreline permit or the provisions of this section, the expiration of a permit shall be based on the effective date of the shoreline permit.

(9) If the granting of a shoreline permit by the city is appealed to the shoreline hearings board, and the shoreline hearings board has approved the granting of the permit, and an appeal for judicial review of the shoreline hearings board decision is filed, construction authorization may occur subject to the conditions, time periods, and other provisions of RCW 90.58.140(5)(b). (Ord. 1373 § 46, 2014).