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A. Once a project permit application is complete, a final decision must be issued within 120 days, except as otherwise provided in subsection B of this section. The following periods are excluded in determining the number of days that have elapsed:

1. During any period that the applicant has been requested to correct plans, perform required studies, or provide additional required information;

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to the town’s SEPA ordinance;

3. Any period during a pending administrative appeal of a SEPA mitigated determination of nonsignificance (MDNS), a determination of nonsignificance (DNS), or the sufficiency of an environmental impact statement (EIS);

4. The period from the filing of an administrative appeal under SPMC 15.08.150 through final disposition of the appeal; and

5. Any extension of time mutually agreed upon by the applicant and the town.

B. The time limits established by subsection A of this section do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or

3. Is substantially revised by the applicant, in which case the time period will start from the date at which the revised project application is determined to be complete under SPMC 15.08.070.

C. If the town is unable to issue its final decision within the time limits provided in this section, the town planner must give the project applicant written notice of this fact. The notice must include:

1. A statement of reasons why the time limits have not been met; and

2. An estimated date for issuance of the final report of decision.

D. The town is not liable for damages under this chapter if it fails to make a final decision within the 120-day period following the determination of completeness. [Ord. 378 § 2 (Exh. 1), 1999.]