11.06.003 Submission and acceptance of application.
A. Determination of Completeness. Within 28 calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the city, the city shall 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. Project permit applications shall be date stamped upon receipt by the city. Applications received after 4:30 p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under BMC 11.04.002, all applications consolidated for review will be covered under a single determination of completeness. If the application for any of such applications is incomplete, a determination that all consolidated applications are incomplete shall be issued to the applicant.
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. Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in BMC 11.06.002, as well as the submission requirements contained in any other development regulations specific to the application. 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 pursuant to BMC 11.10.001(C), or where there are substantial changes in the proposed action.
D. Incomplete Application Procedure.
1. If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have 180 calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within 14 calendar days after an applicant has submitted the requested additional information, the city shall remake the determination as to completeness in the manner described in subsection A of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection A of this section.
The director may grant an extension of time beyond the 180 days for a period up to a maximum of an additional 180 days under the following circumstances:
a. Unique or unusual circumstances, such as the need to complete special studies or other analysis, exist that warrant additional time for the applicant to respond. Provided, however, that the applicant shall submit evidence and/or documentation supporting the extension; or
b. Another city review, such as a variance or SEPA review, is in progress or a legal proceeding not initiated by the applicant is in progress.
2. If the applicant either refuses in writing to submit the required additional information or does not submit the required information within the 180-calendar-day period, the community development director shall make findings and issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the time requirements set forth herein.
3. Where the community development director has made a determination that the application has lapsed because the applicant has failed to subsequently submit the required information within the necessary time period, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director of community development.
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 or (D)(1) of this section.
F. Date of Completeness of Application. When the project permit application is complete whether due to a determination of completeness issued under subsection A or E of this section, the community development director shall note the date of completeness on the application. (Ord. 2282 § 2, 2019; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).