Chapter 19.80
TIME FRAMES FOR REVIEW
Sections:
19.80.030 Application review and decision time frame.
19.80.040 Calculating decision time frame.
19.80.050 Time frame to provide revisions, corrections, studies or information.
19.80.010 Purpose.
This chapter establishes the time frame and procedures for a determination of completeness and final decision for Type II, III, and V. Time frame(s) for Type I are as set forth in Section 19.40.020(B). No time frames are established for Type IV reviews, nor shall the following time frames apply for land use permits for which a development agreement is associated. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.80.020 Computing time.
All time frames are indicated as calendar days, not working days. For the purposes of computing time, the day the determination or decision is rendered shall not be included. The last day of the time period shall be included unless it is a Saturday, Sunday or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, in which case it also is excluded, and the time period concludes at the end of the next business day. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.80.030 Application review and decision time frame.
A. Decisions on Type II, III and V shall not exceed one hundred twenty days. Permit decisions on short plat approval shall not exceed thirty days and permit decisions on preliminary plat approval shall not exceed ninety days; provided, that:
1. A longer review time frame may occur if the city makes written findings that a specified amount of additional time is needed for processing of a specific complete land use application, or if the applicant and city agree, in writing, to an extension.
2. 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 technically complete pursuant to Section 19.30.030, and shall only include the time during which the city can proceed with review of the application, as set forth in Section 19.80.040.
B. Appeals. The time period for consideration and decision on appeals shall not exceed:
1. Ninety days for an open record appeal hearing.
2. The parties may agree in writing to extend these time periods. Any extension of time must be mutually agreed upon by the applicant and the city in writing. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.80.040 Calculating decision time frame.
In determining the number of days that have elapsed after the city has notified the applicant that the application is technically complete, the following periods shall be excluded:
A. Any period during which the applicant has been requested by the city to correct or revise drawings or designs, perform required studies, or provide additional required information. The period shall be calculated from the date the city notifies the applicant in writing for the need for corrections, revisions and/or additional information, until the date the city determines whether the corrections, revisions and/or additional information satisfies the request for information. The city shall notify the applicant within fourteen calendar days after the date the information has been provided to the city, or it shall be presumed satisfactory.
B. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection A of this section shall apply as if a new request for information had been made.
C. 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 agree to a time period for completion of an environmental impact statement.
D. Any period during which a permit, approval or other documentation from a state or federal agency has been applied for in support of the application, and which the receipt of the permit is necessary before the application can be further processed by the city.
E. Any period during which an application has been remanded by the Poulsbo hearing examiner for additional information, analysis, revision or other material pursuant to Section 19.40.040(F).
F. Any period for administrative appeals of project permits, if an open record appeal hearing is allowed. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.80.050 Time frame to provide revisions, corrections, studies or information.
A. A technically complete application shall be deemed null and void if the applicant fails to submit the city-required revisions, corrections, studies or information as described in Sections 19.80.040(A) and (B) within ninety calendar days of the city’s written request.
1. The ninety-day time limit set forth by this section does not apply for circumstances set forth in Section 19.80.040(C), (D), (E) or (F).
B. An applicant may request one extension to the time limit set forth in subsection A of this section. The planning director will review the request for extension and may grant it only if all of the following are met:
1. The applicant requests such an extension in writing no less than fourteen days prior to the permit becoming null and void. Verbal requests will not be accepted.
2. The planning director finds that good cause has prevented them from providing the additional information within the ninety-calendar-day time period. Disagreement with required city codes and/or standards does not qualify as “good cause.”
3. The applicant demonstrates the likelihood that the requested information will be provided to the city within the additional ninety-calendar-day time period.
4. No more than one extension shall be granted.
5. If at the end of the ninety-day extension the requested revisions, corrections, studies or information has not been submitted and accepted by the city, the application will be formally closed and a new application and fees will be required to be submitted. (Ord. 2020-10 § 2 (Exh. A § 27), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)