Chapter 16B.07
FINAL DECISIONS
Sections:
16B.07.010 Notice of Decision.
16B.07.020 Notice of Decision – Public Notice.
16B.07.030 Notice of Decision – Time Frames.
16B.07.040 Exceptions from 120-Day Time Period.
16B.07.010 Notice of Decision.
(1) The notice of decision shall be a single report which states all the decisions made on all project permits that are a part of the application. The notice of decision shall state any mitigation required under applicable development regulations or under SEPA. If a SEPA threshold determination has not been issued previously by the local government, the notice of decision shall include this determination. Notice of administrative appeal procedures, if applicable, shall also be included in the notice of decision.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.07.020 Notice of Decision – Public Notice.
(1) The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
(2) The notice of decision shall be provided by first-class mailing to those same parties and entities who were provided a notice of application.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.07.030 Notice of Decision – Time Frames.
(1) The notice of decision shall be issued within one hundred twenty calendar days after the county notifies the applicant that the application is complete. The time frames set forth in this section apply to project permit applications filed on or after the effective date of the ordinance codified in this chapter.
(2) In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of decision, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the county to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the county notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the county;
(b) If the county determines that the additional information submitted by the applicant is insufficient, it shall notify the applicant of the continued deficiencies and the procedures under subsection (1) above shall apply as if a new request for studies had been made;
(c) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the county by ordinance has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;
(d) 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:
(i) Ninety calendar days for an open record appeal hearing; and
(ii) Sixty calendar days for a closed record appeal.
The parties may agree to extend these time periods.
(3) If the county 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 issuance of the notice of decision.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.07.040 Exceptions from 120-Day Time Period.
The time limits established in Section 16B.07.030 do not apply if a project permit application:
(1) Requires an amendment to the comprehensive plan or a development regulation;
(2) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or
(3) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Sections 16B.04.020 – 16B.04.040.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).