A. 
A preapplication conference is required for permit Types II, III and IV, except for home industry permits, Type II home occupations, stand-alone wireless permits, administrative variances and final subdivision and final binding site plan 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 procedurally 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. 97-153 Exh. A; Ord. 2019-598 § 21; Ord. 2024-665 § 3)
A. 
Determination of a Procedurally Complete Application.
1. 
a. 
Within 28 days after receiving a project permit application, the director and/or their designee shall provide a written determination to the applicant.
b. 
The written determination must state either:
i. 
That the application is procedurally complete; or
ii. 
That the application is procedurally incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete.
c. 
The number of days shall be calculated by counting every calendar day.
2. 
Procedurally Complete. A project permit application is complete for purposes of this section when it meets the procedural submission requirements, as outlined on the project permit application. Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the city. The determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. However, if the procedural submission requirements, as outlined on the project permit application, have been provided, the need for additional information or studies may not preclude a completeness determination.
3. 
The determination of completeness may include or be combined with the following:
a. 
A preliminary determination of those development regulations that will be used for project mitigation;
b. 
A preliminary determination of consistency, as provided under RCW 36.70B.040;
c. 
Other information the city chooses to include; or
d. 
The notice of application pursuant to the requirements in Chapter 19.11 NMC.
4. 
a. 
An application shall be deemed procedurally complete on the twenty-ninth day after receiving a project permit application under this section if the city does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (A)(1)(b)(ii) of this section. When the local government does not provide a written determination, they may still seek additional information or studies as provided for in subsection (A)(2) of this section.
b. 
Within 14 days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a procedurally complete application, the local government shall notify the applicant whether the application is procedurally complete or what additional information is necessary.
c. 
The notice of application shall be provided within 14 days after the determination of procedural completeness pursuant to Chapter 19.11 NMC.
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. 
Incomplete Application Procedure.
1. 
If the applicant receives a determination from the city that an application is not procedurally 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.
D. 
City's Failure to Provide Determination of Completeness. A project permit application shall be deemed procedurally complete on day 29 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.
E. 
Date of Acceptance of Application. When the project permit application is procedurally complete, the director or their designee shall accept it and note the date of acceptance.
F. 
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; Ord. 2024-665 § 3)
A. 
Time Limits for Type I, II, III and IV Project Permit Applications.
1. 
The city shall issue a notice of final decision on a project permit application per the following timelines:
For projects that do not require public notice because they are categorically exempt from SEPA and/or environmental review has already been completed under a previous phase of the project (see also Chapter 36.70B RCW), such as summary short plats, final plats, and final binding site plans, the final decision must be issued within 65 days of the determination of procedural completeness.
For projects that require public notice under RCW 36.70B.110, the final decision must be issued within 100 days of the determination of procedural completeness under RCW 36.70B.070.
For project permits which require both notice under RCW 36.70B.110 and a public hearing, the final decision must be issued within 170 days of the determination of procedural completeness under RCW 36.70B.070.
2. 
The city shall exclude the following periods from the requirements in subsection (A)(1) of this section:
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. 97-153 Exh. A; Ord. 2005-304 § 2; Ord. 2024-665 § 3)
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 procedurally complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such procedurally 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 procedurally 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. As provided in RCW 36.70B.080, 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 will be added to the time period for the local government action to issue a final decision for each type of project permit subject to RCW 36.70B.080. 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. 97-153 Exh. A; Ord. 2000-213 § 3; Ord. 2024-665 § 3)