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A. Completeness Determination.

1. Determination of Completeness. The Department shall determine in writing whether a project permit application is complete or incomplete within 28 days after receiving an application. The written determination shall be mailed, faxed, e-mailed, or delivered to the applicant or the applicant’s representative within the required time period. The determination shall state:

a. That the application is complete; or

b. That the application is incomplete and include a statement as to necessary actions to make the application complete.

i. If the applicant does not submit the required information within 90 days after receiving the determination that their application was incomplete, the application shall automatically lapse for failure to submit the necessary information in a timely manner and close the permit application file.

ii. Upon written request by the applicant prior to expiration of the initial 90 days, the Director may grant a time extension to submit the required information, not to exceed an additional 90 days.

iii. When applications lapse for failure to submit the required information within the necessary time period, or when the applicant requests their application be withdrawn, the applicant may request a refund of the unused portion of the application fee by submitting a written request to the Director. If a notice of application has been issued then no refunds shall be issued. Refunds shall be processed in accordance with the City’s normal refund practices.

2. Resubmittals. If the Department determines an application is incomplete and the applicant submits additional documents identified by the Department as necessary for a complete application, the Department shall notify the applicant within 14 days of the submittal that the application is complete or what additional information is necessary to make the application complete.

3. Department’s Failure to Provide a Determination of Completeness. If the Department has not issued a determination of completeness as described above within 28 days after receiving an application, or within 14 days after receiving additional information in response to the necessary actions required to make the application complete, as described above, the application shall be deemed complete.

4. Identification of Other Agencies with Jurisdiction. A written determination of completeness shall, to the extent known by the department, identify other local, state, or federal agencies with jurisdiction concerning the application and permits requested. The department may include other information or conditions in the determination of completeness.

B. Within 14 days of determination of completeness of an application, the Planning Director shall publish a notice of application in accordance with SMC 14.20.130. The public comment period for the notice of application shall be 15 days.

C. As required by Chapter 36.70B RCW, the City shall issue a decision on complete project applications within 120 days of the determination that the application is complete; provided, that the following time periods shall not count toward the 120-day period:

1. Any period commencing with a request by the City that the applicant provide any further information or an environmental impact statement until the applicant provides said information.

2. Any period during which the applicant is not current in payment of City permit review fees.

3. Any period during which a Comprehensive Plan or development regulation amendment is being processed preliminarily to deciding upon a permit application.

4. Any period between the initial determination of completeness and any subsequent determination of completeness should the applicant substantially revise the proposal.

5. Any period during which any decision related to the permit application is being appealed.

6. Any period mutually agreed upon by the applicant and the City.

D. If the proposal requires City acceptance of public improvements such as street, sidewalk, stormwater, or other utility improvements, the Planning Director’s decision may be a preliminary approval of the proposal in the form of a letter to the applicant stating any conditions of approval. The Planning Director shall coordinate with the City Engineer in determining acceptance of public improvements. The Planning Director and City Engineer shall not give final approval, nor shall any plat be recorded, until the stipulated public improvements are complete or bonded for, in compliance with Chapter 14.215 SMC.

E. Time Limits for Submittal of Required Information.

1. Upon the issuance of a notice of incomplete permit application, the applicant shall submit the necessary information within 90 days. The Planning Director may extend this time period an additional 90 days upon written request of the applicant prior to the expiration of the 90-day period.

2. Following a determination that a permit application is complete, the Planning Director may notify the applicant when new information is necessary or changes or corrections to the application materials are required before a permit may be approved. Upon the issuance of a notice of required changes or corrections to a complete permit application, the applicant shall submit the necessary information to the City within 90 days. If the applicant does not submit the necessary information within 90 days, the application shall lapse and shall become nullified. The director may extend this time period an additional 90 days upon written request of the applicant prior to the expiration of the 90-day period.

3. If the information and/or corrections required pursuant to subsection (E)(1) or (E)(2) of this section are not received within the specified timeframe, the Planning Director shall notify the applicant that the permit application is nullified. Unexpended application fees and deposits may be refunded to the applicant.

F. Delayed Threshold Determination. If the Planning Director is unable to make a threshold determination within the same 14-day time period as the determination of completeness, he or she shall issue a notice of application within 14 days of determination of completeness, which notice shall have a comment period of at least 14 days. Thereafter, the Planning Director shall issue a notice for SEPA and public hearing if applicable, complying with the permit procedure applicable to that type of permit. (Ord. 2338, 2017)

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