Chapter 14.05 SEPA POLICIES

The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 24 § 1 Exh. A, 1994).

14.05.020 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference, as supplemented in this chapter:

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 appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

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.

197-11-750 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. 2019-599 § 4; Ord. 24 § 1 Exh. A, 1994).

14.05.030 Additional definitions.

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

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

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Early notice” means the city’s response to an applicant stating whether it considers issuance of the determination of significance likely for the applicant’s proposal. (Ord. 24 § 1 Exh. A, 1994).

14.05.040 WAC sections adopted by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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. 24 § 1 Exh. A, 1994).

14.05.050 Designation of responsible official.

A. For those proposals for which the city is a lead agency, the responsible official shall be the planning director or such other person as the city manager may designate in writing.

B. For all proposals for which the city is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rule that have been adopted by reference. (Ord. 24 § 1 Exh. A, 1994).

14.05.060 Lead agency determination and responsibilities.

A. The responsible official or the department 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 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 the city determines a supplemental environmental review is necessary under WAC 197-11-600.

C. 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 must be 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 may be initiated by the responsible official or any department.

D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

E. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. (Ord. 24 § 1 Exh. A, 1994).

14.05.070 Categorical exemptions and threshold determinations – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

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.

197-11-355 Optional DNS process.

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

197-11-390 Effect of threshold determination.

(Ord. 2019-599 § 5; Ord. 24 § 1 Exh. A, 1994).

14.05.080 Categorical exemptions and threshold determinations – Time estimates.

The time estimates contained in this section apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed as mandatory, unless specifically required.

A. Categorical Exemptions. The city will normally identify whether an action is categorically exempt within seven days of receiving a completed application.

B. Threshold Determinations.

1. The city will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 working days of the date an applicant’s completed application and checklist are submitted.

2. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction:

a. The city will normally request such further information within 15 working days of receiving a completed application and environmental checklist;

b. The city will normally wait no longer than 30 days for a consulted agency to respond;

c. The responsible official will normally complete the threshold determination within 15 working days of receiving the requested information from the applicant for the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city will normally complete the studies within 30 working days of receiving a completed application and checklist.

4. The city will normally complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 working days of receiving a completed application and checklist.

5. The responsible official will normally respond to a request for early notice within 10 working days. The threshold determination will normally be made within 15 working days of receipt of the changed or clarified proposal, environmental checklist and/or permit application.

6. Notwithstanding any time period above, pursuant to RCW 43.21C.033, the responsible official shall make a threshold decision within 90 days after the application and supporting documentation are complete, unless the applicant requests an additional 30 days. (Ord. 24 § 1 Exh. A, 1994).

14.05.090 Categorical exemptions – Adoption by reference.

The city adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 24 § 1 Exh. A, 1994).

14.05.100 Categorical exemptions – Flexible thresholds.

A. The city establishes the following exempt levels for minor new construction based on local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i), up to nine dwelling units.

B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. (Ord. 2019-599 § 6; Ord. 2012-461 § 2, 2012; Ord. 24 § 1 Exh. A, 1994).

14.05.110 Categorical exemptions –Determination.

A. When the city receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The 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 the chapter shall 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 responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the 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 reasonable alternatives;

2. The city may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and

3. The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. 24 § 1 Exh. A, 1994).

14.05.120 Threshold determination – Review at conceptual stage.

A. If the city’s only action on a proposal is a decision on a building permit or other licenses that require 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.

B. In addition to the environmental documents, an applicant shall submit such additional information as required by the responsible official. (Ord. 24 § 1 Exh. A, 1994).

14.05.130 Threshold determination – Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if the city and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

C. 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 the threshold determination.

D. For private proposals, the applicant is required to complete the environmental checklist as required in WAC 197-11-315(2). The city may provide assistance as necessary. For city proposals the department initiating the proposal shall complete the environmental checklist for that proposal.

E. The city may decide to complete all or part of the environmental checklist for a private proposal under WAC 197-11-315(2), if either of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on a proposal currently under consideration. (Ord. 24 § 1 Exh. A, 1994).

14.05.140 Threshold determination –Mitigated DNS.

A. The responsible official may issue a determination of nonsignificance (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 determination of significance (DS) is likely. The request must:

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

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

C. The responsible official’s response to the request for early notice shall:

1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general specific areas of concern that are leading the city to consider a DS; and

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

D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on a 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 determination of nonsignificance if the city determines that no additional information or mitigation measures are required.

2. 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 or DS as appropriate.

3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.

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

E. The city shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuance.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any terms or conditions of the permit, or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.

G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

H. The city’s response under subsection (C) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification 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. 2019-599 § 7; Ord. 24 § 1 Exh. A, 1994).

14.05.150 Environmental impact statement (EIS) – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter:

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.

197-11-425 Style and size.

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. 24 § 1 Exh. A, 1994).

14.05.160 EIS – Preparation.

A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The draft and final EIS or SEIS shall be prepared at the city’s option by the city staff, the applicant, or by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations; however, the applicant is not required to supply information that is not required under this chapter, or that is being requested from another agency; provided, however, this does not apply to information the city may request under another ordinance or statute. (Ord. 24 § 1 Exh. A, 1994).

14.05.170 EIS – Additional elements.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determination or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis;

D. Such other elements as may be required by the responsible official. (Ord. 24 § 1 Exh. A, 1994).

14.05.180 EIS – Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

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. 24 § 1 Exh. A, 1994).

14.05.190 Public notice.

Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents pursuant to the notice requirements of Chapter 19.11 NMC. (Ord. 97-153 § 61; Ord. 24 § 1 Exh. A, 1994).

14.05.195 Public meeting.

A. For all project actions and rezone applications, except for short plats, involving property located within a city study area, as established by resolution, the city shall hold a public meeting between the responsible official, any city staff designated by the responsible official, the applicant or the applicant’s representative, and owners of property and residents within the study area. The meeting shall be held prior to the issuance of the threshold determination.

B. The responsible official shall provide notice of the public meeting at least 15 days prior to the date of the meeting by:

1. Posting the notice on the property involved;

2. Mailing the notice by regular mail to the applicant or the applicant’s representative, and to all owners of property and residents within or immediately adjacent to the study area; and

3. By any other means of notice deemed appropriate by the responsible official.

C. The notice shall state the purpose of the meeting, identify the application and property involved, identify the study area involved, including the study area boundaries, and invite all owners of property and residents within the study area to attend the meeting.

D. The applicant shall bear the cost of providing the notice of the public meeting. (Ord. 79 § 1, 1994).

14.05.200 Designation of official to perform consulted agency responsibilities.

A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing a draft EIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 24 § 1 Exh. A, 1994).

14.05.210 Using existing environmental documents – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference:

WAC

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statements.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

(Ord. 24 § 1 Exh. A, 1994).

14.05.220 SEPA decisions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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.

197-11-700 Definitions.

(Ord. 24 § 1 Exh. A, 1994).

14.05.230 SEPA decisions.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the development commission, or planning policy commission. (Ord. 24 § 1 Exh. A, 1994).

14.05.240 SEPA decisions – Substantive authority.

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

1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. Such conditions are reasonable and capable of being accomplished; and

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 NMC 14.05.250 and cited in the permit, approval, license or other decision document.

B. 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 probably significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and

2. A finding is made that the reasonable mitigation measures are insufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in NMC 14.05.250 and identified in writing in the decision document. (Ord. 2014-501 § 1 Exh. A; Ord. 24 § 1 Exh. A, 1994).

14.05.250 SEPA policies.

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

B. The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans as now exist and as may hereafter be amended:

1. Chapter 43.21 RCW, State Environmental Policy Act;

2. Newcastle Comprehensive Plan;

3. Newcastle Zoning Map and NMC Title 18, Zoning;

4. NMC Title 17, Site Development;

5. NMC Title 13, Utilities;

6. NMC Title 4, City Enforcement Regulations;

7. NMC Title 14, Environment;

8. NMC Title 12, Streets, Sidewalks, and Public Places;

9. Hazardous Waste Management Plan;

10. NMC Title 15, Buildings and Construction;

11. Solid Waste Management Plan;

12. Emergency Management;

13. NMC Title 8, Health and Safety;

14. NMC Title 16, Impact Fees;

15. NMC Title 19, Administrative Procedures;

16. Newcastle Public Work Standards;

17. Newcastle Trail Guidelines (Res. 13-545);

18. Trails Use Plan (Res. 2011-0494);

19. City of Newcastle Non-Motorized Plan (Res. 420);

20. Comprehensive Surface Water Management Plan (Ord. 2010-426(A));

21. City of Newcastle Housing Strategy Plan (Res. 353);

22. Six-year Transportation Improvement Program. (Ord. 2014-501 § 1 Exh. A; Ord. 24 § 1 Exh. A, 1994).

14.05.260 Appeals.

The city establishes the following appeal procedures:

A. Any agency or person may appeal the City’s procedural compliance with Chapter 197-11 WAC for issuance of a final determination of nonsignificance (DNS), determination of significance (DS), or for substantive determinations (such as adequacy of an environmental impact statement).

B. The procedures and time periods for filing an appeal of a DNS, DS, or substantive determination shall be pursuant to the requirements for appeals of the proposed underlying project permit (Chapter 19.15 NMC).

C. Appeals of a DNS and substantive determinations shall be held after the final decision has been made on the proposed underlying project permit and shall be consolidated together with any other appeals on the project permit decision except for the following:

1. An appeal of a DNS or substantive determinations may occur before a final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body or officer will render a recommendation or decision on the proposed underlying governmental action.

D. Appeals of a DS may occur before the final decision on a proposed action. (Ord. 97-153 § 63).

14.05.270 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. 24 § 1 Exh. A, 1994).

14.05.280 Compliance with SEPA – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

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 public and private proposals.

197-11-928 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 agencies for specific proposals.

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 duties.

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

197-11-948 Assumption of lead agency status.

(Ord. 24 § 1 Exh. A, 1994).

14.05.290 Environmentally sensitive areas.

Repealed by Ord. 2019-599. (Ord. 24 § 1 Exh. A, 1994).

14.05.300 Fees.

The city shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking a basic threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. When the city assists the applicant or completes the environmental checklist at the applicant’s request or under NMC 14.05.130 of this chapter, or when the environmental review of the proposal is complex, the fee for making a threshold determination shall be in the amount established by city council resolution. For any complex review requiring staff time in excess of 10 hours, the city shall charge an hourly rate in the amount established by city council resolution for the additional time or as established pursuant to a contract with an environmental consultant hired by the city to complete the review.

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, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.

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. Such consultant shall be selected by the city.

3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.

4. For all proposals in which the city is the lead agency and the responsible official determines that an EIS is required, the applicant shall be charged in the amount established by city council resolution or a fee equal to five percent of costs of the draft and the final environmental impact statements, whichever is greater, to cover the city’s administrative costs of supervision and preparation. For the purpose of this section, cost of an environmental impact statement shall include the cost of preparation and publication, including printing, collating, binding and circulation of the preliminary and final EIS. Applicants may be required to post bond or otherwise insure payment of such costs. In the event the actual cost of the draft and final EIS exceeds the estimated cost of the EIS agreed upon by the city and the applicant, such excess shall be paid to the city by the applicant prior to final action by the city.

C. The city may collect a reasonable fee from an applicant to cover the costs 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. 24 § 1 Exh. A, 1994).

14.05.310 Forms – Adoption by reference.

The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, 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. 24 § 1 Exh. A, 1994).

14.05.320 WAC on file.

The city clerk shall maintain on file for public use and examination one copy of the Washington Administrative Code sections referred to in this chapter. (Ord. 2019-599 § 7; Ord. 24 § 1 Exh. A, 1994).