Chapter 16.04 ENVIRONMENTAL POLICY

This article contains the basic requirements that apply to the SEPA process. The City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

197-11-070 Limitations on actions during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

A. “Department” means any division, subdivision or organizational unit of the City established by ordinance, rule or order.

B. “Early notice” means the City’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance DNS procedures).

C. “Ordinance” means the ordinance, resolution or other procedure used by the City to adopt regulatory requirements.

D. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.040 Designation of responsible official.

A. For those proposals for which the City is the lead agency, the responsible official shall be the Planning and Building Director or his designee.

B. For all proposals for which the City is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

C. The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.56 RCW. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.050 Lead agency determination and responsibilities.

A. The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has previously been determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the City is the lead agency for a proposal, the department receiving the application shall forward it to the City’s responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise the preparation of the EIS.

C. When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS, MDNS, or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS, MDNS, or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600.

D. If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City shall be initiated by the responsible official.

E. Departments of the City are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses?). (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.060 Transfer of lead agency status to a state agency.

For any proposal for a private project where the City would be the lead agency and for which one or more state agencies have jurisdiction, the City’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the City shall be an agency with jurisdiction. To transfer lead agency duties, the City’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the City shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.070 Additional considerations in time limits applicable to the SEPA process.

The following time limits, expressed in calendar days, shall apply when the City processes licenses for all private projects and those governmental proposals submitted to the City by other agencies:

A. For projects that are exempted from the public notice procedures identified in FMC Title 14, the City should complete threshold determinations within 30 days; provided, that the review of the proposal can be based solely on the adequate application and completed environmental checklist submitted by the applicant. In the event that the responsible official determines that further information is needed from the applicant to complete the threshold determination, the City should request such further information within 15 days following receipt of the application and completed environmental checklist.

B. For projects that require the issuance of a notice of development application as identified in FMC Title 14, no threshold determination shall be entered into the record until such time as the public comment period on the notice of development application has expired; except that an intent to issue a DNS or intent to issue a MDNS may be issued in conjunction with the issuance of a notice of application, utilizing the optional DNS process as described in WAC 197-11-355.

C. If the responsible official requests information or consultation from other agencies with jurisdiction to assist in the threshold determination, the City shall wait no longer than 21 days for a consulted agency to respond. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.080 Additional timing considerations.

A. For nonexempt proposals, the DNS, MDNS, or final EIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body, such as the Hearings Examiner.

B. If the City’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article III. Categorical Exemptions and Threshold Determinations

16.04.090 Purpose and adoption by reference.

This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following WAC sections by reference, as supplemented in this article:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.100 Use of exemptions.

A. Each department within the City that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the government licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The City shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of alternatives;

2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3. A department may withhold approval of exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.110 Environmental checklist.

A. A completed environmental checklist (or copy), in the form provided by the City and consistent with that provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the City and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for determining the responsible official and for making a threshold determination.

B. For private proposals, the City will require an applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. Unless associated with a proposal that is exempt from SEPA review, and unless otherwise required by Chapter 197-11 WAC or Chapter 43.21C RCW, the City shall not make a final threshold determination until a completed environmental checklist has been submitted to the City for review. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.120 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the City’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within 10 working days. The response shall:

1. Be written;

2. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. If an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 calendar days of receiving the changed or clarified proposal:

1. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the applicant does not submit a changed or clarified proposal, along with a revised or amended environmental checklist, but agrees to modify the proposal to comply with all specific mitigation measures identified by the SEPA official, the City may issue a mitigated determination of non-significance (MDNS).

3. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS, MDNS, or DS as appropriate.

4. The applicant’s proposed mitigation measures (clarification, changes, or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

5. Mitigation measures which justify issuance of a MDNS may be incorporated in the MDNS by reference to agency staff reports, studies or other documents.

F. MDNSs require a 14-day comment period and public notice.

G. Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.

H. If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a MDNS for the proposal, the City may withdraw the MDNS based on the same criteria and in the manner as provided for the withdrawal of a DNS under WAC 197-11-340(3).

I. The City’s written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article IV. Environmental Impact Statement (EIS)

16.04.130 Purpose and adoption by reference.

This article contains the rules for preparing environmental impact statements. The City adopts the following sections by reference:

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article V. Commenting

16.04.140 Adoption by reference.

This article contains the rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference, as supplemented in this article:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.150 Public notice.

A. Whenever the responsible official of the City issues a threshold determination, public notice shall be given as follows, consistent with FMC 14.15.040:

1. If public notice is required for a nonexempt license, the notice of application shall state whether a DS, DNS, or MDNS has been or is likely to be issued and when comments are due.

2. If no public notice is required for the permit or approval, the City shall give notice of the DNS, MDNS, or DS by:

a. Posting the property for site-specific proposals;

b. Publishing notice in a newspaper of general circulation in the county, City or general area where the proposal is located.

3. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

B. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2. Posting the property, for site-specific proposals; and

3. Publishing notice in the City’s newspaper of record.

C. Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal.

D. The City shall require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 1900 § 3, 2015; Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article VI. Using Existing Environmental Documents

16.04.160 Purpose and adoption by reference.

This article contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies and the courts. The City adopts the following sections by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.170 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in existing authorization of the City.

B. The City may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;

2. Such conditions are in writing;

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;

4. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.

C. The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter;

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact;

3. The denial is based on one or more policies identified in subsection (D) of this section and identified in writing in the decision document.

D. The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section:

1. The City shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

E. Except for permits and variances pursuant to the City shoreline management plan, when any proposal or action not requiring a decision of the Hearings Examiner or City Council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the Hearings Examiner in accordance with FMC 14.11.070.

F. An appeal of a threshold determination may be made to the Hearings Examiner within 10 calendar days of the issuance of the determination in accordance with FMC 14.11.070. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.180 Notice/statute of limitations.

A. The City, applicant for, or proponent of, an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant, or proponent pursuant to RCW 43.21C.080. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article VII. Definitions

16.04.190 Purpose and adoption by reference.

This article contains uniform usage and definitions of terms under SEPA. The City adopts the following sections by reference, as supplemented by WAC 173-806-040:

WAC

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-722 Consolidated agency.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article VIII. Categorical Exemptions

16.04.200 Adoption by reference.

The City adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), 173-806-080 (Use of exemptions), and 173-806-190 (Environmentally sensitive areas):

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.205 Categorical exemption levels established.

A. The following types of construction shall be exempt categorically, except when undertaken wholly or partly on lands covered by water:

1. The construction or location of any single-family residential structures of 30 dwelling units;

2. The construction or location of any multifamily residential structures of 30 dwelling units;

3. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 40,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;

4. The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet of gross floor area, and with associated parking facilities designed for 90 or less automobiles;

5. The construction of a parking lot designed for 90 automobiles;

6. Any landfill or excavation of 1,000 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.

B. The City establishes the floodway zone and 100-year floodplain as the environmentally sensitive areas within the City. The floodway zone and 100-year floodplain are those areas as set forth in the Ferndale zoning ordinance and on the Ferndale zoning map.

C. All proposals set forth in WAC 197-11-800(1)(b) as categorically exempt shall be required to follow State Environmental Policy Act requirements if those actions take place in the floodway zone designation or the 100-year floodplain. (Ord. 1871 § 1, 2014; Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article IX. Agency Compliance

16.04.210 Purpose and adoption by reference.

This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following sections by reference, as supplemented by WAC 173-806-050 through 173-806-053 and this article:

WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental purposes.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agency for specific purposes.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency disputes.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.220 Fees.

A. The City shall require the collection of fees for environmental review in accordance with the provisions of the most current adopted fee ordinance and Fee Code Summary.

B. Environmental Impact Statement.

1. When the City is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing an EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. The City may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the City and the applicant after a call for proposals.

3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) and (2) of this section which remain after incurred costs are paid.

C. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The City may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.230 Effective date.

The effective date of the ordinance codified in this chapter is October 1, 1984, for any proposal for which a SEPA checklist has not previously been submitted and/or for which the appropriate checklist review fee has not been paid. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

16.04.240 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)

Article X. Forms

16.04.250 Adoption by reference.

The City adopts the following forms and sections by reference:

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 1712 § 1, 2012; Ord. 1398 § 2, 2006)