(1)
Development regulations adopted pursuant to RCW 36.70A.040 must
establish and implement time periods for local government actions
for each type of project permit application and provide timely
and predictable procedures to determine whether a completed
project permit application meets the requirements of those
development regulations. The time periods for local government
actions for each type of complete project permit application or
project type should not exceed one hundred twenty days, unless
the local government makes written findings that a specified
amount of additional time is needed to process specific complete
project permit applications or project types.
The development regulations must, for each type of permit
application, specify the contents of a completed project permit
application necessary for the complete compliance with the time
periods and procedures.
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have
populations of at least twenty thousand must, for each type of
permit application, identify the total number of project permit
applications for which decisions are issued according to the
provisions of this chapter. For each type of project permit
application identified, these counties and cities must establish
and implement a deadline for issuing a notice of final decision
as required by subsection (1) of this section and minimum
requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section.
(b) Counties and cities subject to the requirements of this
subsection also must prepare annual performance reports that
include, at a minimum, the following information for each type of
project permit application identified in accordance with the
requirements of (a) of this subsection:
(i) Total number of complete applications received during
the year;
(ii) Number of complete applications received during the
year for which a notice of final decision was issued before the
deadline established under this subsection;
(iii) Number of applications received during the year for
which a notice of final decision was issued after the deadline
established under this subsection;
(iv) Number of applications received during the year for
which an extension of time was mutually agreed upon by the
applicant and the county or city;
(v) Variance of actual performance, excluding applications
for which mutually agreed time extensions have occurred, to the
deadline established under this subsection during the year; and
(vi) The mean processing time and the number standard
deviation from the mean.
(c) Counties and cities subject to the requirements of this
subsection must:
(i) Provide notice of and access to the annual performance
reports through the county's or city's web site; and
(ii) Post electronic facsimiles of the annual performance
reports through the county's or city's web site. Postings on a
county's or city's web site indicating that the reports are
available by contacting the appropriate county or city department
or official do not comply with the requirements of this
subsection.
If a county or city subject to the requirements of this
subsection does not maintain a web site, notice of the reports
must be given by reasonable methods, including but not limited to
those methods specified in RCW 36.70B.110(4).
(3) Nothing in this section prohibits a county or city from
extending a deadline for issuing a decision for a specific
project permit application for any reasonable period of time
mutually agreed upon by the applicant and the local government.
(4) The department of community, trade, and economic
development shall work with the counties and cities to review the
potential implementation costs of the requirements of subsection
(2) of this section. The department, in cooperation with the
local governments, shall prepare a report summarizing the
projected costs, together with recommendations for state funding
assistance for implementation costs, and provide the report to
the governor and appropriate committees of the senate and house
of representatives by January 1, 2005.
[2004 c 191 § 2; 2001 c 322 § 1; 1995 c 347 § 410; (1995 c 347 § 409 expired July 1, 2000); 1994 c 257 § 3. Formerly RCW 36.70A.065.]
NOTES:
Findings -- Intent -- 2004 c 191: "The legislature finds that
the timely issuance of project permit decisions by local
governments serves the public interest. When these decisions,
that are often responses to land use and building permit
applications, are issued according to specific and locally
established time periods and without unnecessary or inappropriate
delays, the public enjoys greater efficiency, consistency, and
predictability in the permitting process.
The legislature also finds that full access to relevant
performance data produced annually by local governments for each
type of permit application affords elected officials, project
proponents, and the general public the opportunity to review and
compare the permit application and processing performance of
jurisdictions. Furthermore, the legislature finds that the
review and comparison of this data, and the requirement to
provide convenient and direct internet access to germane and
consistent reports, will likely foster improved methods for
processing applications, and issuing project permit decisions in
a timely manner.
The legislature, therefore, intends to continue and clarify
the requirements for certain jurisdictions to produce and provide
access to annual permitting performance reports." [2004 c 191 §
1.]
Effective date -- 1995 c 347 § 410: "Section 410, chapter 347, Laws of 1995 shall take effect July 1, 2000." [1998 c 286 § 10; 1995 c 347 § 412.]
Expiration date -- 1995 c 347 § 409: "The amendments to RCW 36.70B.080 contained in section 409, chapter 347, Laws of 1995 shall expire July 1, 2000." [1998 c 286 § 9; 1995 c 347 § 411.]
Severability -- 1994 c 257: See note following RCW 36.70A.270.
Development regulations must provide sufficient land capacity for development: RCW 36.70A.115.