A. Complete Application Required: Any application for a permit or entitlement pursuant to this code must be accepted as complete for processing in order to initiate the official review process. All required materials, information and fees as required by the director shall be provided by the applicant before the application is deemed complete for processing.
B. Determination Of Completeness: The director shall determine in writing the completeness of the application and transmit this determination to the applicant within the time limits and in a form and content to be consistent with the types of project applications established by applicable state law and town regulations.
C. Time Period For Determining Completeness: The statutory time period of thirty (30) days established by state law for determining completeness shall begin the day the application is made and date stamped. Formal processing of any application pursuant to this code shall commence upon the date the application is accepted as complete, as provided in the state law regarding review and approval of development projects.
D. Abandonment Of Application:
1. An application for permits or approvals issued in compliance with this development code shall be deemed to have been abandoned when information and/or fees have been requested to complete the application and this information and/or fees have not been received by the planning division within ninety (90) calendar days.
2. The director shall notify the applicant by mail of the abandonment. The applicant may provide a written explanation of the delay, stating the date by which the further application material and, when required, further fees will be submitted. If the director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application abandoned, the director may appropriately extend the period during which the required material must be submitted. If the required material has not been submitted by the new date, and if the director has not further extended the allowable period for submitting it, the application shall be deemed abandoned without further notification. A notice of abandonment shall thereafter be mailed to the applicant and a copy placed in the applicant's file.
E. Additional Information: Notwithstanding any procedures established in this section for determination of completeness, the director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The director may request any additional information needed to prepare adequate environmental documentation in compliance with the California environmental quality act (CEQA) and applicable guidelines.
F. New Application Following Denial: Following the denial of an application for any land use or policy application, no application for the same or substantially the same use or project as determined by the director shall be filed within one year from the effective date of the denial. This provision shall not apply in the case of an application that is denied without prejudice or where otherwise permitted to be filed by a vote of at least two- thirds (2/3) of the approving authority. (Ord. 243, 10-15-2013)