4.02.070 Determining time limits.
(1) Except as otherwise provided in subsection (2) of this section, the Director shall issue a notice of final decision on a project permit application within 120 days after notifying the applicant that the application is complete, as provided in PMC 4.02.060. In determining the number of days that have elapsed after the Director has notified the applicant that the application is complete, the following periods shall be excluded:
(a) (i) Any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the Director notifies the applicant of the need for additional information until the earlier of the date the Director determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided;
(ii) If the Director determines that the information submitted by the applicant under (1)(a)(i) of this subsection is insufficient, he shall notify the applicant of the deficiencies and the procedures under (1)(a)(i) of this subsection shall apply as if a new request for studies had been made;
(b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;
(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 considering and deciding shall not exceed: (i) 90 days for an open record appeal hearing and (ii) 60 days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and
(d) Any extension of time mutually agreed upon by the applicant and the Director.
(2) The time limits established by subsection (1) of this section do not apply if a project permit application;
(a) Requires an amendment to the comprehensive plan or a development regulation;
(b) 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
(c) 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 PMC 4.02.060.
(3) If the Director is unable to issue its final decision within the time limits provided for in this section, written notice of this fact shall be provided 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 for final decision.
(4) Preliminary Plats. Unless the applicant consents to an extension a decision to approve, disapprove, or return to the applicant for modification or correction shall be rendered on a preliminary plat within 90 days from the date of a complete application. If an environmental impact statement is required the 90-day review period does not include the time spent preparing and circulating the environmental impact statement.
(5) Final Plats. Final plats shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of a complete application.
(6) Short Plats and Binding Site Plans. Short plats and binding site plans shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of a complete application. [Ord. 3830, 2007; Ord. 3151 § 1, 1996; Code 1970 § 4.02.070.]