26.10.540 Time limit for final decision – Exceptions.
(1) One-Hundred-Twenty-Day Time Limit. The final decision on project permit applications categorized as Type II – III should be made within 120 days from the date of the determination of completeness. The time limit for the processing of Type I permits should not exceed 120 days from the date of application.
(2) Excluded Time Periods. In determining the number of days that have elapsed after the County has notified the applicant that the application is complete for processing, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the County notifies the applicant of the need for additional information until the date the County determines the additional information satisfies the request for information or 14 days after the date the information has been provided to the County, whichever is earlier;
(b) If the County determines that the information submitted by the applicant under subsection (2)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (2)(a) of this section shall apply as if a new request for studies 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, Chapter 197-11 WAC (SEPA), and Chapter 27.01 CCC (SEPA Code);
(d) Any period for administrative appeals of project permits or SEPA appeals not to exceed 90 days for open record appeal hearings or 60 days for closed record appeal hearings;
(e) Any extension of time mutually agreed upon by the applicant and the County;
(f) Any reconsideration action to the Administrator or Hearing Examiner.
(3) Time Limit Exceptions for Certain Applications. The 120-day time limit shall not apply if a project permit application:
(a) Requires an amendment to the Comprehensive Plan text or map, or a development regulation;
(b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.07A.200; or
(c) Is substantially revised by the applicant, consistent with CCC 26.10.330(3).
(4) Overview of Standard Permit Process Timelines.
|
Standard Process Timelines Guidelines by Permit Category |
|||
|---|---|---|---|
|
Timeline Element |
Type I |
Type II |
Type III |
|
A determination of complete application for processing, or incomplete application, shall be issued 28 days from the date the application if submitted. |
No |
Yes |
Yes |
|
For applications determined to be incomplete, a new determination of completeness or incompleteness shall be issued 14 days from the date the requested new information has been submitted. This process shall be repeated until the application is deemed complete for processing. |
No |
Yes |
Yes |
|
Once deemed complete for processing, the review authority should provide a decision on the underlying permit within 120 days for the date of completeness. |
Yes (from date of application) |
Yes |
Yes |
|
Appeal Period – A permit issued by Clallam County that is subject to this chapter shall not be acted upon within 14 days of the date the decision is placed in the mail, to allow for any appeals of the decision. |
Yes |
Yes |
Yes |
|
Appeal Process – The review authority on an appeal provided for in this chapter should issue a decision on the appeal within 90 days of submittal of application for administrative or SEPA appeals, and within 60 days of application for closed record appeal hearings. |
Yes |
Yes |
Yes |
|
Note – Exceptions to these timelines are specified under CCC 26.10.330(3) and this section. |
Yes |
Yes |
Yes |
(5) Time Limit Extensions. If the County is unable to issue its final decision within the time limit guidelines, it shall provide written notice of this fact to the project applicant; provided, that any extension of such time limit for a permit decision shall not exceed one additional time period according to permit type or action. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of final decision.