Administrative, Planning Commission, Hearing Examiner, and Town Council actions shall be scheduled promptly so that a final decision on a technically complete application shall not require more than one hundred twenty calendar days; provided:

A. If a determination of significance (DS) is issued, then the Planning Commission shall issue a recommendation not sooner than seven calendar days after a final environmental impact statement is issued.

B. An applicant may agree in writing to extend the time in which the Planning Commission shall issue a recommendation. The Planning Commission may consider new evidence the applicant introduces with or after such a written request and shall provide the public at least fourteen days to comment on any such new evidence submitted after the notice of public hearing has been mailed.

C. In determining the number of days that have elapsed after the Town has notified the applicant that the application is technically complete, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the Town to correct plans, perform required

studies, or provide additional required information. The period shall be calculated from the date the Town notifies the applicant of the need for additional information until the earlier of the date the Town determines whether the additional information satisfies the request for information or fourteen calendar days after the date the information has been provided to the Town.

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

3. Any period of time during which an environmental impact statement is being prepared, which shall not exceed one year from the issuance of the determination of significance unless the town and applicant have otherwise agreed in writing to a longer period of time. If no mutual written agreement is completed, then the application shall become null and void after the one-year period unless the Town Engineer determines that delay in completion is due to factors beyond the control of the applicant.

4. Any period of time during which a request by an applicant for an administrative interpretation consistent with the provisions of WMC Section 14.04.020 and related to the applicant’s development application under WMC Titles 13, 14 and/or 16 is being processed by the town.

5. The time limits in this section shall not apply if a project application requires an amendment to either the comprehensive plan or a development regulation; requires the siting of an essential public facility; or when the application is substantially revised by the applicant, in which cases the time period shall start from the date at which the revised project application receives a new letter of completeness.

D. If the town is unable to issue its final decision within the time limits provided in this chapter, it shall provide written notice to the applicant with a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001; Ord. 319 § XIV, 1996)