Chapter 14.09
TIME PERIOD FOR
ISSUING NOTICE OF DECISION

Sections:

14.09.010    Exempt time periods.

14.09.020    Missed time limit.

14.09.030    Project permit application fees.

14.09.010 Exempt time periods.

In determining the number of days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the time for issuance of a notice of decision, the following time periods shall be excluded:

A. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information.

1. The exempt period shall be calculated from the date the city notifies the applicant of the need for additional information until the requested information is provided. If the information is provided by the applicant and the city does not inform the applicant that the additional information is acceptable or unacceptable, the time clock will begin again 14 days after the information is submitted. If the applicant does not respond to the request for additional information within 90 days of the request, the project permit application shall be considered withdrawn. If there are two or more permits being processed concurrently under the consolidated permit option, all of the permits shall be considered withdrawn if information is not provided as requested.

2. If the city determines that additional information submitted by the applicant under subsection (A) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures in subsection (A) shall apply as if a new request for information had been made.

B. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant agree in writing to a time period for completion of the environmental impact statement.

C. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed 90 days for an open record appeal hearing unless all parties agree to an extension.

D. Any extension of time mutually agreed upon by the applicant and the city. (Ord. 1227 § 53, 1996).

14.09.020 Missed time limit.

If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for the issuance of the notice of decision. (Ord. 1227 § 54, 1996).

14.09.030 Project permit application fees.

All project permit application fees as set out in Chapter 3.80 FMC shall be paid prior to a notice of decision or a permit being issued for a project. If the notice of decision or permit is ready for issuance within 120 days of the notice of completeness, but applicant has not paid all applicable fees, the city shall be deemed to be in compliance with the 120-day time limit for a decision as set out in this title. (Ord. 1227 § 55, 1996).