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A. The city shall issue a notice of decision for all Type II, III, and IVA permit applications within 120 calendar days after the city notifies the applicant that the application is complete pursuant to the following sections. Except that, for Type IVA preliminary subdivisions and preliminary short subdivision applications, the time periods shall be consistent with Chapter 58.17 RCW.

B. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of decision, the following periods shall be excluded:

1. 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 the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 calendar days after the date the information has been provided to the city.

2. If the city determines that the information submitted by the applicant under subsection (B)(1) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (B)(1) of this section shall apply as if a new request for studies had been made.

3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant of Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement.

4. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:

a. Ninety calendar days for an open record appeal hearing; and

b. Sixty calendar days for a closed record appeal.

The parties may agree to extend these time periods.

5. Any extension of time mutually agreed upon by the applicant and the city in writing.

C. The time limits established in this title do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or

3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under BMC 11.06.003. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).