Chapter 13.12 SEPA RULES

The city of Normandy Park 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 of Normandy Park’s SEPA procedures and policies.

The SEPA rules, Chapter 197-11 WAC, should therefor be referred to in conjunction with this chapter. (Ord. 439 § 6(Part 1), 1984).

Article II. General Requirements

13.12.020 Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC by reference:

197-11-040Definitions;

197-11-050Lead agency;

197-11-055Timing of the SEPA process;

197-11-060Content of environmental review;

197-11-070Limitations on action during SEPA process;

197-11-080Incomplete or unavailable information;

197-11-090Supporting documents;

197-11-100Information required of applicants.

(Ord. 439 § 6(Part 2 § 1), 1984).

13.12.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 799, when used in this chapter, 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 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 adopted by the Department of Ecology. (Ord. 439 § 6(Part 2 § 2), 1984).

13.12.040 Responsible official designated.

(1) For those proposals for which the city is the lead agency, the responsible official shall be the city manager or his or her designee.

(2) For all proposals for which the city is the lead agency, the city manager 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 rules that were adopted by reference in WAC 173-806-020.

(3) The city 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. 439 § 6(Part 2 § 3), 1984).

13.12.050 Determination of lead agency.

(1) 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.

(2) When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

(3) 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 environmental review under WAC 197-11-600.

(4) 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 may be initiated by the city attorney at the direction of the city manager.

(5) 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 city manager and any department that will incur responsibilities as the result of such agreement must approve the agreement.

(6) 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. 439 § 6(Part 2 § 4), 1984).

13.12.060 Time considerations.

(1) For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.

(2) 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 specification, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 439 § 6(Part 2 § 5), 1984).

Article III. Categorical Exemptions and Threshold Determinations

13.12.070 Adverse environmental impact.

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 sections by reference, as supplemented in this article:

WAC

197-11-300Purpose of this part;

197-11-305Categorical exemptions;

197-11-310Threshold determination required;

197-11-315Environmental checklist;

197-11-330Threshold determination process;

197-11-335Additional information;

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

197-11-350Mitigated DNS;

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

197-11-390Effect of threshold determination.

(Ord. 439 § 6(Part 3 § 1), 1984).

13.12.080 Exempt levels established.

(Note: This section is optional. The lowest exempt level in the ranges below apply unless the city raises the level based on local conditions, such as previous DNS’s on the activities or city development codes. The city may raise the level for an exemption to any point up to the maximum specified in WAC 197-11-800(1)(c); once levels are established in this chapter, the city must apply a level to all projects within the geographic area to which the level applies.)

(1) The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

(a) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to five dwelling units;

(b) For agricultural structures in WAC 197-11-800(l)(b)(ii): up to 10,000 square feet;

(c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 4,000 square feet and up to 20 parking spaces;

(d) For parking lots in WAC 197-11-800 (1)(b)(iv): up to 20 parking spaces;

(e) For landfills and excavations in WAC 197-11-800 (l)(b)(v): up to 100 cubic yards.

(2) Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, WA 98504 under WAC 197-11-800 (1)(c). (Ord. 439 § 6(Part 3 § 2), 1984).

13.12.090 Use of exemptions.

(1) 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.

(2) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental 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.

(3) 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: the city shall not give authorization for any action except as provided in WAC 197-11-050. (Ord. 439 § 6(Part 3 § 3), 1984).

13.12.100 Environmental checklist.

(1) A completed environmental checklist (or a copy), in the form 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 the threshold determination.

(2) For private proposals, the city will require the 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.

(3) The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

(a) The city has technical information on a question(s) that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 439 § 6(Part 3 § 4), 1984).

13.12.110 Mitigated DNS.

(1) As provided in this section and in WAC 197-11-350, the city manager 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.

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

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

(b) Precede the city’s actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 15 working days. The response shall:

(a) Be written;

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

(c) 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.

(4) As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

(a) 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 under WAC 197-11-340(2);

(b) 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 DN or DS as appropriate;

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

(d) 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.

(6) Mitigated DNS’s issued under WAC 197-11-340(2), require a 14-day comment period and public notice.

(7) Mitigation measures incorporated in the mitigated DNS 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.

(8) 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) (withdrawal of DNS).

(9) The city’s written response under subsection (2) 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. 706 § 1, 2003; Ord. 439 § 6(Part 3 § 5), 1984).

Article IV. Environmental Impact Statement (EIS)

13.12.120 EIS preparatory rules.

This article contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this article:

WAC

197-11-400Purpose of EIS;

197-11-402General requirements;

197-11-405EIS types;

197-11-406EIS timing;

197-11-408Scoping;

197-11-410Expanded scoping;

197-11-420EIS preparation;

197-11-425Style and size;

197-11-430Format;

197-11-435Cover letter or memo;

197-11-440EIS contents;

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

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

197-11-444Elements of the environment;

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

197-11-450Cost-benefit analysis;

197-11-455Issuance of DEIS;

197-11-460Issuance of FEIS.

(Ord. 439 § 6(Part 4 § 1), 1984).

13.12.130 Preparation of EIS – Additional considerations.

(1) Preparation of draft and final EIS’s and SEIS’s is the responsibility of the designee of the city manager under the direction of the city manager. Before the city issues an EIS, the city manager shall be satisfied that it complies with the ordinance codified in this chapter and Chapter 197-11 WAC.

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

(3) 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. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 439 § 6(Part 4 § 2), 1984).

Article V. Public Notice and Hearings

13.12.140 Rules for response.

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

WAC

197-11-500Purpose of this part;

197-11-502Inviting comment;

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

197-11-508SEPA register;

197-11-535Public hearings and meetings;

197-11-545Effect of no comment;

197-11-550Specificity of comments;

197-11-560FEIS response to comments;

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

(Ord. 439 § 6(Part 5 § 1), 1984).

13.12.150 Public notice.

(1) Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

(a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

(b) If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by:

(i) Posting the property, for site-specific proposals;

(ii) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.

(c) 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.

(2) Whenever the city issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

(b) Posting the property for site-specific proposals;

(c) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.

(3) 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.

(4) The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 439 § 6(Part 5 § 2), 1984).

13.12.160 Responsible city official designated.

(1) The city manager or designee 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.

(2) The city manager or designee 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 responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 439 § 6(Part 5 § 3), 1984).

Article VI. Use of Existing
Environmental Documents

13.12.170 Use and supplementation.

This article contains rules for using and supplementing existing environmental documents prepared under SEPA or NEPA for the city’s own environmental compliance. The city adopts the following sections by reference:

WAC

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

197-11-610Use of NEPA documents;

197-11-620Supplemental environmental impact statement – Procedures;

197-11-625Addenda – Procedures;

197-11-630Adoption – Procedures;

197-11-635Incorporation by reference – Procedures;

197-11-640Combining documents.

(Ord. 439 § 6(Part 6 § 1), 1984).

Article VII. SEPA and Agency Decisions

13.12.180 SEPA – Authority – Appeals.

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 or the courts. The city adopts the following sections by reference:

WAC

197-11-650Purpose of this part;

197-11-655Implementation;

197-11-660Substantive authority and mitigation;

197-11-680Appeals;

197-11-700Definitions.

(Ord. 439 § 6(Part 7 § 1), 1984).

13.12.190 Substantive authority.

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

(2) The city may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(b) Such conditions are in writing; and

(d) The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

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

(3) The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

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

(4) The city designates and adopts by reference, the following policies as the basis for the city’s exercise of authority pursuant to this section:

(a) 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:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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

(iv) Preserve important historic, cultural and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

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

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) 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.

(c) The city adopts by reference the policies in the following city codes, ordinances, resolutions, plans: Normandy Park Municipal Code; park plan; comprehensive plan; HUD floodplain study.

(d) The city establishes the following additional policies: Federal Clean Water Act.

(5) Except for permits and variances issued pursuant to NPMC Title 16 (relating to Shoreline Management), when any approval or action not requiring a decision of the city council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the city council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the city council shall be on a de novo basis. (Ord. 439 § 6(Part 7 § 2), 1984).

13.12.200 Appeals.

(1) The city established the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

(a) Any agency or person may appeal the city’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

(i) A final DNS: Appeal of the DNS must be made to the hearing examiner within 14 days of the date the DNS is final (see WAC 197-11-390(2)(a)).

(ii) A DS: The appeal must be made to the hearing examiner within 14 days of the date the DS is issued.

(iii) A DS: Appeal of the city’s substantive determination on the action must be made to the hearing examiner within 14 days of the date the permit or other approval is issued.

(b) For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

(i) Findings and conclusions;

(ii) Testimony under oath; and

(iii) A taped or written transcript.

(d) The procedural determination by the city manager shall carry substantial weight in any appeal proceeding.

(2) The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 851 § 1, 2010; Ord. 706 § 2, 2003; Ord. 439 § 6(Part 7 § 3), 1984).

13.12.210 Notice – Statute of limitations.

(1) The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2) 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 or county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 439 § 6(Part 7 § 4), 1984).

Article VIII. Definitions

13.12.220 SEPA – Definition of terms.

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

WAC

197-11-700Definitions;

197-11-702Act;

197-11-704Action;

197-11-706Addendum;

197-11-708Adoption;

197-11-710Affected tribe;

197-11-712Affecting;

197-11-714Agency;

197-11-716Applicant;

197-11-718Built environment;

197-11-720Categorical exemption;

197-11-722Consolidated appeal;

197-11-724Consulted agency;

197-11-726Cost-benefit analysis;

197-11-728County/city;

197-11-730Decisionmaker;

197-11-732Department;

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

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

197-11-738EIS;

197-11-740Environment;

197-11-742Environmental checklist;

197-11-744Environmental document;

197-11-746Environmental review;

197-11-748Environmentally sensitive area;

197-11-750Expanded scoping;

197-11-752Impacts;

197-11-754Incorporation by reference;

197-11-756Lands covered by water;

197-11-758Lead agency;

197-11-760License;

197-11-762Local agency;

197-11-764Major action;

197-11-766Mitigated DNS;

197-11-768Mitigation;

197-11-770Natural environment;

197-11-772NEPA;

197-11-774Nonproject;

197-11-776Phased review;

197-11-778Preparation;

197-11-780Private project;

197-11-782Probable;

197-11-784Proposal;

197-11-786Reasonable alternative;

197-11-788Responsible official;

197-11-790SEPA;

197-11-792Scope;

197-11-793Scoping;

197-11-794Significant;

197-11-796State agency;

197-11-797Threshold determination;

197-11-799Underlying governmental action.

(Ord. 439 § 6(Part 8 § 1), 1984).

Article IX. Categorical Exemptions

13.12.230 Exemption rules.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-190 (environmentally sensitive areas):

WAC

197-11-800Categorical exemptions;

197-11-880Emergencies;

197-11-890Petitioning DOE to change exemptions.

(Ord. 439 § 6(Part 9 § 1), 1984).

Article X. Agency Compliance

13.12.240 Agency compliance.

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 173-806-045 through 043 and this article:

WAC

197-11-900Purpose of this part;

197-11-902Agency SEPA policies;

197-11-916Application to ongoing actions;

197-11-920Agencies with environmental expertise;

197-11-922Lead agency rules;

197-11-924Determining the lead agency;

197-11-926Lead agency for governmental proposals;

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

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

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

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

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

197-11-938Lead agencies for specific proposals;

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

197-11-942Agreements on lead agency status;

197-11-944Agreements on division of lead agency duties;

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

197-11-948Assumption of lead agency status.

(Ord. 439 § 6(Part 10 § 1), 1984).

13.12.250 Environmentally sensitive areas.

(1) The map(s) filed under city council motion of March 10, 1977, designate the location of environmentally sensitive areas within the city and are adopted by reference. For each environmentally sensitive area, there are exemptions within WAC 197-11-800 that are inapplicable for that area.

(2) The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under the ordinance codified in this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.

(3) Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 439 § 6(Part 10 § 2), 1984).

13.12.260 Fees.

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

(1) Threshold Determination. For every environmental checklist the city reviews as lead agency, a fee, as set by the city’s current fee schedule ordinance, is required. The time periods in this chapter for making a threshold determination start only after payment of the fee.

(2) Environmental Impact Statement.

(a) When the city is the lead agency for a proposal requiring an EIS and the city manager 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 the EIS. The city manager 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.

(b) The city manager 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 consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. The city may require the applicant to post bond or otherwise ensure payment of such costs.

(c) If a proposal is modified so that an EIS is no longer required, the city manager shall refund any fees collected under subdivisions (a) or (b) of this subsection which remain after incurred costs are paid.

(3) 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.

(4) The city shall not collect a fee for performing its duties as a consulted agency.

(5) 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. 699 § 2, 2003; Ord. 439 § 6(Part 10 § 3), 1984).

Article XI. Forms

13.12.270 Forms incorporated by reference.

The city adopts the following forms and sections by reference:

WAC

197-11-960Environmental checklist;

197-11-965Adoption notice;

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

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

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

197-11-990Notice of action.

(Ord. 439 § 6(Part 11 § 1), 1984).