Chapter 19.09
TYPE I – IV PROJECT PERMIT APPLICATIONS
Sections:
19.09.010 Preapplication conference.
19.09.020 Project permit application – Conformance with submittal requirements.
19.09.030 Submission and acceptance of application.
19.09.040 Notice of application.
19.09.050 Notice of final decision.
19.09.060 Substantial revisions or modifications to proposal.
19.09.010 Preapplication conference.
A. A preapplication conference is required for permit Types II, III and IV, except for home industry permits, Type II home occupations, administrative variances and final subdivision plats. Applications shall not be accepted by the director unless the applicant has scheduled and attended a preapplication conference to acquaint the applicant with requirements for a complete application. Preapplication conferences for all other types of applications are optional.
B. The director shall establish procedures, reasonable schedules, and staff participation for preapplication conferences.
C. The discussions at the conference shall not bind or prohibit the city’s future application or enforcement of all applicable law since it is impractical for a preapplication conference to be an exhaustive review of all potential issues. (Ord. 2019-598 § 21; Ord. 97-153 Exh. A).
19.09.020 Project permit application – Conformance with submittal requirements.
Project permit applications are complete when they meet the submittal requirements as provided in their respective code sections. The director may eliminate certain submittal requirements where deemed necessary. (Ord. 2022-645 § 15; Ord. 2019-598 § 22; Ord. 2000-213 § 2; Ord. 97-153 Exh. A).
19.09.030 Submission and acceptance of application.
A. Determination of Completeness. Within 28 days after receiving a project permit application, the city shall send by certified mail or personally provide a written determination to the applicant which states either: (1) that the application is complete or (2) that the application is incomplete and what is necessary to make the application complete.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection (A) of this section.
C. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in NMC 19.09.020, as well as the submission requirements contained in the applicable development regulations. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.
D. Incomplete Application Procedure.
1. If the applicant receives a determination from the city that an application is not complete, the applicant shall have 60 days to submit the necessary information to the city. The director may extend this time period an additional 30 days upon written request of the applicant prior to the expiration of the 60-day period, if the director finds that the inability to submit the information within the 60-day period is beyond the applicant’s control. Within 14 days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (A) of this section, and notify the applicant in the same manner.
2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 60-day period, the application shall lapse.
E. City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A) of this section.
F. Date of Acceptance of Application. When the project permit application is complete, the director shall accept it and note the date of acceptance.
G. The applicant shall designate a single person or entity to receive determination and notices required by this chapter. The single person or entity shall also be the designee for any contact regarding permit activity. (Ord. 97-153 Exh. A).
19.09.040 Notice of application.
A notice of application shall be issued on all Type II, III and IV project permit applications in accordance with the provisions of NMC 19.11.010 and 19.11.020. (Ord. 97-153 Exh. A).
19.09.050 Notice of final decision.
A. Time Limits for Type I, II, III and IV Project Permit Applications.
1. Except for provisions governing the review of preliminary, final and short plats in RCW 58.17.140, the city shall issue a notice of final decision on a project permit application within 120 days after the applicant is notified that the application is complete for Type I, II, III and IV project permit applications.
2. The city shall exclude the following periods from the 120-day requirement:
a. 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 of a city letter notifying the applicant of the need for additional information until the date no more than 14 days after the applicant has submitted the requested information. The city shall determine if the information submitted is sufficient. If the information is not sufficient, this process will begin again;
b. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance;
c. Any period for which the applicant has failed to pay the applicable fees and review costs of the city, after receiving 30 days’ written notice of the same from the city; and
d. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed.
B. Final Notice Distribution. The city shall provide a notice of decision that also includes a statement of any SEPA threshold determination made and the procedures for administrative appeal. The notice shall be provided to the applicant and any person who, prior to the rendering of the decision, requested notice of decision or submitted substantive comments on the application.
C. The city shall provide written findings to the applicant that a specified amount of additional time is needed if the final decision is not issued within specified time limits. The written findings shall state the reasons why and the estimated date of decision.
D. Exemptions. The following project permits are exempt from the time limits established in this section:
1. An amendment to the comprehensive plan or development regulation;
2. Approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or siting of an essential public facility as provided in RCW 36.70A.200;
3. Projects that have been substantially revised by the applicant pursuant to NMC 19.09.060;
4. Exemptions pursuant to NMC 19.07.060(A) and (B);
5. Any extension of time mutually agreed upon in writing by the applicant and the city. (Ord. 2005-304 § 2; Ord. 97-153 Exh. A).
19.09.060 Substantial revisions or modifications to proposal.
A. A revision or modification to the content of an application before or after issuance of the permit, either voluntarily or to conform with applicable standards and requirements, shall be deemed a new application for the purpose of vesting when the revision or modification would result in a substantial increase in a project’s impacts as determined by the director. In reaching a decision on whether a revision is substantial, the director may consider the relative and absolute magnitude of the revision; the environmental sensitivity of the site; any changes in location of significant elements of the project and their relationships to public facilities, surrounding lands and land uses; and the review cycle of the proposal.
B. Written notice of such determination of substantial revision or modification shall be provided to the applicant and any person who requested notice of decision or submitted substantive comments on the application.
C. A determination that any revision or modification is substantial shall conform to the time periods set forth in NMC 19.09.050(A). The review cycle for the revised project application shall begin with the date the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such complete substantial revision.
D. Additional Information Required.
1. If the applicant receives a determination from the city that additional information is required to continue processing a complete application, the applicant shall have 60 days to submit the necessary information to the city. The director may extend this time period an additional 30 days upon written request of the applicant prior to the expiration of the 60-day period, if the director finds that the inability to submit the information within the 60-day period is beyond the applicant’s control. Within 14 days after an applicant has submitted the requested additional information, the city shall determine whether the information submitted is sufficient for continued processing.
2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 60-day period, the application shall lapse. (Ord. 2000-213 § 3; Ord. 97-153 Exh. A).