Chapter 14.09
TIME PERIOD FOR
ISSUING NOTICE OF DECISION
Sections:
14.09.005 Time period for issuing notice of decision.
14.09.010 Exempt time periods.
14.09.030 Project permit application fees.
14.09.005 Time period for issuing notice of decision.
Time periods for issuing a notice of decision are as set forth in FMC 14.02.030. (Ord. 2133 § 7, 2024).
14.09.010 Exempt time periods.
A. The number of days an application is in review with the city shall be calculated from the day completeness is determined under FMC 14.03.030 to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
1. Any period between the day that the city has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;
2. Any period after an applicant informs the city, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the city, in writing, that they would like to resume the application. The city may set conditions for the temporary suspension of a permit application;
3. Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired;
4. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant agree in writing to a time period for completion of the environmental impact statement; and
5. Any extension of time mutually agreed upon by the applicant and the city.
B. The time periods for the city to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the city under FMC 14.03.030.
C. If, at any time, an applicant informs the city, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for city action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the city to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on providing additional requested information to the city, or that there is no ongoing communication from the applicant to the city on the applicant’s ability or willingness to provide the additional information. (Ord. 2133 § 8, 2024; Ord. 1227 § 53, 1996).
14.09.020 Missed time limit.
If the city 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 the issuance of the notice of decision. (Ord. 1227 § 54, 1996).
14.09.030 Project permit application fees.
All project permit application fees as set out in Chapter 3.80 FMC shall be paid prior to a notice of decision or a permit being issued for a project. If the notice of decision or permit is ready for issuance within the applicable permit time periods provided for in FMC 14.02.030, but applicant has not paid all applicable fees, the city shall be deemed to be in compliance with the time limit for a decision as set out in this title. (Ord. 2133 § 9, 2024; Ord. 1227 § 55, 1996).