A. Request Authorized. The official or entity reviewing a development proposal may request additional information or studies if:
1. New or additional information is required to complete a land use review and issue a decision;
3. The official or entity reviewing the development proposal determines additional information is required prior to issuance of a decision.
B. Deadline for Response. The official or entity requesting information shall establish a time limit for the applicant to respond. The time limit for an applicant to respond to a request for information shall not be less than 30 days, provided an extension to the applicant’s time limit to respond may be authorized pursuant to subsection C of this section. If responses are not received within the established time limit and no extension has been authorized, the code official may cancel the land use review for inactivity.
C. Deadline Extension. Applicants may request an extension to provide requested materials. Extension requests shall be in writing, shall include a basis for the extension and shall be submitted in writing prior to expiration of the time limit. The code official is authorized to extend the time limit in writing. There is no limit to the number of extensions an applicant may be granted; however, the total time limit for a response shall not exceed 180 days unless there is an extenuating circumstance. An extenuating circumstance must be unexpected and beyond the control of the applicant.
D. Limit on Number of Review Cycles. The code official may issue a decision when three or more requests for the same information have remained unaddressed by materials submitted by the applicant. The official or entity shall provide written notification to the applicant, informing them that a decision will be issued and providing the opportunity for one set of information to be submitted before the decision is issued. The intent of this provision is to allow the code official to issue a decision when the content of submittal materials demonstrates an inability or unwillingness to meet applicable code requirements after repeated requests by the city. It is not the intent of this section to limit good faith efforts to meet code requirements by submitting new information in pursuit of approval. (Ord. 19C-21 § 1 (Att. A); Ord. 18C-08 § 1 (Att. A)).