A. An applicant may modify an application at any time during the approval process up until the issuance of an administrative decision, or the close of the record for an application reviewed under a hearings process, subject to the provisions of BDC 4.1.412 and this chapter.

B. The Review Authority shall not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in BDC Chapter 1.2, Definitions), unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 120-day review period as of the date the modification is submitted. The 120-day review period for an application, as modified, may be restarted as many times as there are modifications up to a total of 365 days from the day the application was accepted as complete.

C. The Review Authority may require that the application be re-noticed and additional hearings be held.

D. Up until the day a hearing is opened for receipt of oral testimony, the Community and Economic Development Director shall have sole authority to determine whether an applicant’s submittal constitutes a modification. After such time, the Hearings Body shall make such determinations. The Review Authority’s determination on whether a submittal constitutes a modification shall be appealable only to LUBA and shall be appealable only after a final decision is entered by the City on an application. [Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]