20F.30.25 Timeframes for Review.

20F.30.25-010 Purpose.

RCW 36.70B.070 and 36.70B.080 require that timeframes be established to ensure applications are reviewed in a timely and predictable manner. This division establishes the timeframes and procedures for a determination of completeness and final decision for Type II, III, IV or V reviews. No timeframes are established by these statutes for Type I, Type VI or VII reviews. (Ord. 2164; Ord. 2118)

20F.30.25-020 Complete Application Review Timeframe.

The following procedures shall be applied to new applications requiring Type II, III, IV, or V reviews. Applications requiring Type I, Type VI, or Type VII review are excluded from this requirement.

(1)    Within 28 days after receiving an application, the Administrator shall mail, fax, or otherwise provide to the applicant a written determination that the application is complete, or that the application is incomplete, and what is necessary to make the application complete. The applicant has 90 days to submit the necessary information to the City.

(2)    If the Administrator does not provide a written determination within the 28 days, the application shall be deemed complete at the end of the twenty-eighth day.

(3)    If additional information is needed to make the application complete, the Administrator shall notify the applicant whether the application is complete or what additional information is necessary within 14 days after an applicant has submitted the information identified by the Administrator as being needed.

(4)    An application is complete for purposes of this section when it meets the submittal requirements established by the Administrator and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Administrator from requesting additional information or studies either at the time of the Notice of Completeness or subsequently, if new information is required to complete review of the application or substantial changes in the permit application are proposed.

(5)    To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City’s determination of completeness required by subsection (1) of this section. (Ord. 2164; Ord. 2118)

20F.30.25-030 Application Review and Decision Timeframe.

(1)    Decisions on Type II, III, IV, or V applications shall not exceed 120 days, unless the Administrator makes written findings that a specified amount of additional time is needed for processing of a specific complete project application. Applications for developments that are complex or that have extensive or difficult issues may take additional time. For purposes of calculating timelines and counting days of permit processing, the applicable time period shall begin on the first working day following the date the application is determined to be complete pursuant to RCDG 20F.30.25-020 and shall only include the time during which the City can proceed with review of the application. The applicant and the City may agree in writing to extend the time period.

(2)    Preliminary Plats. Pursuant to RCW 58.17.140, preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3).

(a)    The 90-day period shall not include the time spent preparing and circulating a environmental impact statement by the local governmental agency.

(3)    Final Plats and Short Plats. Pursuant to RCW 58.17.140, final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(4)    Appeals. The time period for consideration and decision on appeals shall not exceed:

(a)    Ninety days for an open record appeal hearing; and

(b)    Sixty days for a closed record appeal;

(c)    The parties may agree in writing to extend these time periods. Any extension of time mutually agreed upon by the applicant and the City in writing.

(5)    Exemptions. The time limits established in this title do not apply if a project permit application:

(a)    Requires an amendment to the Comprehensive Plan or a development regulation;

(b)    Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

(c)    Is reviewed as Type I permit;

(d)    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 RCW 36.70B.070.

(6)    See also RCDG 20D.150.200-030, Shoreline Permits. (Ord. 2486; Ord. 2118)

20F.30.25-040 Calculating Decision Timeframe.

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 Final Decision, the following periods shall be excluded:

(1)    Any period during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the City 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 14 days after the date the information has been provided to the City;

(2)    If the City determines that the information submitted by the applicant under is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (1) of this section shall apply as if a new request for studies had been made;

(3)    Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, or if the City and the applicant in writing shall agree to a time period for completion of an environmental impact statement;

(4)    Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. (Ord. 2118)