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A. Submittal Requirements. The director shall specify in writing submittal requirements for applications and provide official application forms. The director may waive specific submittal requirements determined to be unnecessary for review of an application. The director may require additional material such as maps, studies or models when the director determines such material is needed to adequately assess the proposed project. A complete application consists of an application form together with all required information listed in the submittal requirements and payment of the application fee as may be established by the city council.

B. Determination of Complete Application.

1. This subsection applies to applications requiring a Type I, II, III, V-A or VII process.

2. Within 28 days after receiving a permit application, the city shall mail, fax or otherwise provide to the applicant or his authorized representative a written determination which states either that the application is complete or that the application is incomplete and what is necessary to make the application complete. If the director does not provide a written determination within the 28 days, the application shall be deemed complete as of the end of the twenty-eighth day. If the applicant fails to submit the required information within 120 days from the date of the written determination, the application shall become null and void. The applicant may request a refund of application fees but 20 percent shall be nonrefundable. The director may extend the response period beyond 120 days if within that time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the required information.

3. To the extent known by the city, other agencies with jurisdiction over the permit application shall be identified in the city’s determination of completeness.

4. A project permit application is complete for purposes of this section when it meets the submittal requirements established by the director and is sufficient for continued processing even though additional information may be required. The determination of completeness shall not prevent 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 or where there are changes in the proposed action.

5. Within 14 days after an applicant has submitted information in response to a notice of incomplete application, the director shall notify the applicant whether the application is complete or specify what additional information is necessary.

C. Expiration of Applications. Any complete land use application for which no substantial steps have been taken to respond to the city’s request for revisions, corrections or additional information within 120 days of the written determination will expire and become null and void. The applicant may request a refund of application fees but 50 percent shall be nonrefundable. The time limit does not include those provisions described in BMC 21.10.080(B)(2) and (3). The director may extend the response period beyond 120 days in accordance with BMC 21.10.080(A). [Ord. 2008-08-080; Ord. 2004-12-088; Ord. 2004-09-065].