BP BHEAD INT H [atlas:bill]

AN ACT Relating to remedies for exceeding the one hundred twenty day timeline for land use project permit applications; amending RCW 36.70B.090; and repealing 1998 c 286 s 8 and 1995 c 347 s 433 (uncodified).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 36.70B.090 and 1995 c 347 s 413 are each amended to read as follows:

(1) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete, as provided in RCW 36.70B.070. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:

(a)(i) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.

(ii) If the local government determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;

(b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW, if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;

(c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The local government by ordinance or resolution shall establish a time period to consider and decide such appeals. The time period shall not exceed: (i) Ninety days for an open record appeal hearing; and (ii) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

(d) Any extension of time mutually agreed upon by the applicant and the local government.

(2) The time limits established by subsection (1) of this section do not apply if a project permit application:

(a) Requires an amendment to the comprehensive plan 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 36.70A.200; or

(c) 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 RCW 36.70B.070.

(3) If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

(4)(a) Except when an extension applies under subsection (1)(b), (c), or (d) of this section, if the local government or its designee does not take final action on a project permit application within one hundred twenty days after the application is deemed complete, the applicant may file a petition for a peremptory writ of mandamus in the superior court of the county where the application was submitted to compel the local government or its designee to issue the approval. The local government shall retain jurisdiction to make a decision on the project permit application until a petition for a peremptory writ of mandamus is filed. Upon filing a petition for a peremptory writ of mandamus jurisdiction for all decisions regarding the application, including settlement, shall be with the superior court. A person who files a petition for a peremptory writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under RCW 36.70B.110 and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed. The superior court shall issue a peremptory writ of mandamus unless the local government shows that the approval would violate a substantive provision of the applicable comprehensive plan or land use regulations. The peremptory writ of mandamus may specify conditions of approval that would otherwise be allowed by the applicable comprehensive plan or land use regulations.

(b) If the local government does not take final action on a project permit application within one hundred twenty days after the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the comprehensive plan and land use regulations and/or to file a petition for a peremptory writ of mandamus under this section.

(c) A local government may not compel an applicant to waive the period set in subsection (1) of this section or to waive the provisions of this subsection as a condition for taking any action on a project permit application except when such applications are filed concurrently and considered jointly with a plan amendment.

(5) This section shall apply to project permit applications filed on or after April 1, 1996.

NEW SECTION. Sec. 2. 1998 c 286 s 8 and 1995 c 347 s 433 (uncodified) are each repealed.