Chapter 20.24
APPLICATION REVIEW PROCESS

Sections:

20.24.010    Special processing requirements.

20.24.010 Special processing requirements.

A. Applicability. The provision of this section shall apply to the review of all development permit applications except the following, which, due to special circumstances, warrant a different review process, to wit:

1. Permits for uses or activities that are categorically exempt from the threshold determination requirement of the State Environmental Policy Act (Chapter 43.21C RCW), as those exemptions may be set forth from time to time in WAC 197-11-800; provided, however, that a variance under the land use regulations shall be processed in accordance with the requirements of this section;

2. Boundary line adjustments;

3. Shoreline permit exemption certificates; and

4. Shoreline permit revisions.

B. Notice of Completeness.

1. Within 28 days of receiving a date-stamped application, the town shall review the application and, as set forth below, deliver or mail to the applicant a written determination that the application is complete or incomplete. A project application shall be declared complete only when it contains all of the following materials:

a. A fully completed and signed development application on forms provided by the town and payment of all applicable review fees;

b. A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act;

c. The information specified for the desired project in the appropriate titles of the development code; and

d. Any supplemental information or special studies identified by the town as necessary for continued processing of the application.

2. An application shall be deemed complete on the twenty-ninth day if the town has not delivered or mailed a written notice of incompleteness under this section. A determination of completeness shall not preclude the town from requesting additional information or studies if new information is required during the processing of the application, whether because of substantial changes in the proposed project, or otherwise.

3. For applications determined to be incomplete, the town shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon receipt of all of the additional information, the town shall, within 14 days, issue a notice of completeness or, again, notify the applicant of what additional information is still required.

C. Notice of Development Application.

1. Within 14 days of issuing a notice of completeness, the town shall issue a notice of development application. The notice of development application shall include, but not be limited to, the following:

a. The name of the applicant;

b. Date of application;

c. The date of the notice of completeness;

d. The location and description of the project;

e. A list of the permits requested and, if applicable, a list of any studies requested;

f. The identification of other permits not included in the application, to the extent known;

g. The location where the application and any studies can be reviewed;

h. The identification of any existing environmental documents;

i. A statement of the public comment period, to be not more than 30 days following the date of the notice of application; and

j. The date, time, and place of the public hearing, if one has been scheduled.

2. If a public hearing is required, the notice of development application shall be provided at least 30 days prior to that hearing. The notice of development application is not a substitute for any required notice of a public hearing.

3. The notice of development application shall be posted on the subject property and a copy published twice in a newspaper of general circulation in the town. When other agencies have jurisdiction, the notice of development application shall be mailed to them.

D. Time Limit for Final Decision.

1. Except as provided in subsection (D)(2) of this section, the final decision on a development proposal shall be made within 120 days from the date of the notice of completeness.

2. The time limit established by subsection (D)(1) does not apply if a permit application:

a. Requires an amendment to the comprehensive plan or a development regulation;

b. Requires approval for the siting of an essential public facility, as provided in RCW 36.70A.200; or

c. Is substantially revised by the applicant, in which case the time period shall start on the date the revised application is determined to be complete.

3. In determining the number of days that have elapsed since the notice of completeness was issued, the following periods shall be excluded:

a. Any period during which the applicant has been requested by the town to correct plans, perform required studies, or provide additional required information. The excluded period shall be calculated from the date the town notifies the applicant of the need for the correction, study or additional information until the earlier of the date the town determines whether the correction, study or additional information satisfies the request or 14 days after the date the corrected plans, study or additional information has been provided to the town. If the town determines that the correction, study or information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures set forth herein shall apply as if a new request for the same had been made;

b. All time required for the preparation and review of an environmental impact statement;

c. An extension of time mutually agreed upon by the applicant and the town;

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 local government by ordinance or resolution shall establish a time period to consider and decide such appeals. The time period shall not exceed:

i. Ninety days for an open record appeal hearing; and

ii. Sixty days for a closed record appeal.

The parties to an appeal may agree to extend these time periods; and

4. If the town is unable to issue its final decision within the time limits set forth in this section, it shall provide written notice of that fact to the applicant, with a statement of the reasons and an estimated date for issuance of its final decision.

E. Notice of Decision. A written notice of all final decisions shall be sent to the applicant and any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include a statement of any threshold determination made under SEPA, and the procedures for an administrative appeal, if any. The notice of decision shall expressly state that affected property owners may request a change in valuation for property tax purposes. The notice shall be given in the manner provided for in this section, and a copy shall be given to the San Juan County assessor’s office. (Ord. 1119 § 23, 1999)