Chapter 14.06
General Requirements
Sections:
14.06.010 Purpose of this chapter and adoption by reference.
14.06.020 Additional definitions.
14.06.030 Designation of responsible official.
14.06.040 Lead agency determination and responsibilities.
14.06.050 Transfer of lead agency status to a state agency.
14.06.060 Additional considerations in time limits applicable to the SEPA process.
14.06.070 Additional timing considerations.
14.06.010 Purpose of this chapter and adoption by reference.
This chapter contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:
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WAC 197-11- |
040 |
Definitions. |
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050 |
Lead agency. |
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055 |
Timing of the SEPA process. |
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060 |
Content of environmental review. |
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070 |
Limitations on actions during SEPA process. |
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080 |
Incomplete or unavailable information. |
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090 |
Supporting documents. |
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100 |
Information required of applications. |
(Ord. 1224 (part), 1985).
14.06.020 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise:
(1) "Department" means any division, subdivision, or organizational unit of the city established by ordinance, rule, or order.
(2) "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).
(3) "Ordinance" means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.
(4) "SEPA rules" means Chapter 197-11 WAC or its successor adopted by the Department of Ecology. (Ord. 1224 (part), 1985).
14.06.030 Designation of responsible official.
(a) For those proposals for which the city of Montesano is the lead agency, the responsible official shall be the director of community development or such successor position as appointed from time to time by the city council; provided, that, in the event such service would constitute a conflict of interest, the director of community development of the city of Elma shall serve as the responsible official; provided still further, that, in the event that such successor responsible official is unable or unwilling to so serve, the responsible official shall be such person who is responsible official for SEPA review for the city of McCleary.
(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 this title.
(c) The city of Montesano shall retain all documents required by the SEPA rules Chapter 197-11 WAC and make them available in accordance with Chapter 42.17 RCW. (Ord. 1543 §1, 2010: Ord. 1224 (part), 1985).
14.06.040 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 been previously 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 responsible official shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise 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 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 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 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 fifteen 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 fifteen day time period. Any such petition on behalf of the city may be initiated by the city’s responsible official.
(e) The responsible official is 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 any department that will incur responsibilities as the result of such agreement approves the agreement.
(f) The responsible official when 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. 1224 (part), 1985).
14.06.050 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. 1224 (part), 1985).
14.06.060 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:
(1) Categorical exemptions. The city shall identify whether an action is categorically exempt within seven days of receiving a completed application;
(2) Threshold determinations;
(A) The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen days of the date an applicant’s adequate application and completed checklist are submitted;
(B) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
(i) The city should request such further information within fifteen days of receiving an adequate application and completed environmental checklist;
(ii) The city shall wait no longer than thirty days for a consulted agency to respond;
(iii) The responsible official should complete the threshold determination within fifteen days of receiving the requested information from the applicant or the consulted agency.
(C) When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within thirty days of receiving an adequate application and a completed checklist.
(D) The city shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen days of receiving an adequate application and completed checklist. (Ord. 1224 (part), 1985).
14.06.070 Additional timing considerations.
(a) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.
(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. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon receipt of the environmental checklist. (Ord. 1224 (part), 1985).