Chapter 17.04
STATE ENVIRONMENTAL
POLICY ACT (SEPA)
Sections:
17.04.020 Adopted by reference.
17.04.030 Additional definitions.
17.04.040 Designation of responsible official.
17.04.050 Lead agency determination and responsibilities.
17.04.060 Categorical exemptions and threshold determination – Adoption by reference.
17.04.070 Categorical exemptions and threshold determination – Time estimates.
17.04.080 Categorical exemptions – Adoption by reference.
17.04.100 Categorical exemptions – Determination.
17.04.110 Determination – Review at conceptual stage.
17.04.120 Threshold determinations – Environmental checklist.
17.04.130 Threshold determinations – Mitigated DNS.
17.04.140 Environmental impact statement (EIS) – Adoption by reference.
17.04.160 Commenting – Adoption by reference.
17.04.180 Designation of official to perform consulted agency responsibilities.
17.04.190 Using existing environmental documents – Adoption by reference.
17.04.200 SEPA decisions –Adoption by reference.
17.04.210 SEPA decisions – Nonexempt proposals.
17.04.220 SEPA decisions – Substantive authority.
17.04.250 Definitions – Adoption by reference.
17.04.270 Compliance with SEPA – Adoption by reference.
17.04.280 Environmentally sensitive areas.
17.04.300 Forms – Adoption by reference.
17.04.010 Authority.
The city of Sultan adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. The city’s substantive policies for the enforcement of SEPA are contained in SMC 17.04.230. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 714-00)
17.04.020 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. 714-00)
17.04.030 Additional definitions.
In addition to the 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 content indicates otherwise:
A. “Department” means any division 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. “Hearing examiner” means a person who shall not be an employee, elected official, or appointed official of the city. The hearing examiner shall be an advisor to the council. (Ord. 714-00)
17.04.040 Designation of responsible official.
A. For all proposals for which the city is lead agency, the responsible official shall be the community development director or such other person as designated in writing by the mayor.
B. For all proposals for which the city is 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 Rules that have been adopted by reference. (Ord. 1347-21 § 41; Ord. 714-00)
17.04.050 Lead agency determination and responsibilities.
A. The responsible official or the city department initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 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 responsible official, or any of the departments of the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, the city 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 responsible official or the initiating department upon approval of the mayor or the city administrator.
D. The responsible official, with the approval of the mayor or the city administrator, 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.
17.04.060 Categorical exemptions and threshold determination – Adoption by reference.
The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended by reference as supplemental 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
197-11-360 Determination of significance (DS)/initiation of scoping
197-11-390 Effect of threshold determination
(Ord. 714-00)
17.04.070 Categorical exemptions and threshold determination – Time estimates.
The time estimates contained in this section apply when the city processes applications for private development and 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 to be mandatory. For the purpose of this section the word “day” shall mean a day upon which the city’s administrative offices are open for business.
A. Categorical Exemptions. The city will identify whether an action is categorically exempt within 10 days of receiving a completed application.
B. Threshold Determinations.
1. The city will complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 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 request such information within 15 days of receiving the application and environmental checklist.
b. The city will wait no longer than 15 days for a consulted agency to respond.
c. The applicant shall have 180 days to submit additional information requested before the permit application expires.
d. The responsible official will complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.
3. When the city must initiate further studies, including field investigations, to obtain the information required to make the threshold determination, the city will complete the studies within 30 days of receiving the development application and environmental checklist.
4. The city will complete a threshold determination 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 days of receiving the complete application and environmental checklist.
5. The threshold determination may be extended to 15 days after receipt of the changed or clarified proposal, environmental checklist and/or permit application. (Ord. 714-00)
17.04.080 Categorical exemptions – Adoption by reference.
A. The city establishes and adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemental in this chapter:
WAC
197-11-800 Categorical exemptions
197-11-880 Emergencies
197-11-890 Petitioning DOE to change exemptions
The city establishes the exempt level of WAC 197-11-800 item (i)(b)(v): up to 350 cubic yards for any landfill or excavation throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice RCW 76.09.050 or regulations thereunder.
B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800 (1)(c). (Ord. 714-00)
17.04.100 Categorical exemptions – Determination.
A. When the city receives an application for a development permit or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the permit 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 this chapter shall apply to the 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 permit required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the permit application is exempt.
C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions 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 compel authorization of the nonexemption or otherwise interfere with the ability to consider such other nonexempt action on its own merits.
2. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no material purpose.
3. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no material purpose. (Ord. 714-00)
17.04.110 Determination – Review at conceptual stage.
A. 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 specification.
B. In addition to the environmental documents an applicant shall submit the following information for early environmental review:
1. A copy of any permit or license application;
2. Other pertinent information as the responsible official may determine. (Ord. 714-00)
17.04.120 Threshold determinations – Environmental checklist.
A. A completed environmental checklist shall be filed at the same time as an application for a permit 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 or SEPA compliance has already been completed.
C. For private proposals, the applicant is required to complete the environmental checklist. The city may, but shall not be required to provide assistance as necessary. For city proposals, the department initiating the proposal shall complete or cause to be completed the environmental checklist for that proposal.
D. The city may complete all or part of the environmental checklist for a private proposal, if any of the following occurs:
1. The city has technical information on a question or questions in the environmental checklist 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.
E. The applicant shall pay to the city the actual costs of providing information under subsection D(2) of this section. (Ord. 714-00)
17.04.130 Threshold determinations – Mitigated DNS.
A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions relating to the proposal initiated by either the applicant, the responsible official, or on changes to or clarifications of the proposal made by the applicant.
B. An applicant may request in writing notice of whether a DS is likely. 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’s response to the request for notice shall:
1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern leading to the consideration of 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 clarification.
D. 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.
1. If the city requires specific mitigation measures in its response to the request for early notice, and the applicant changes or clarifies the proposal to include those specific mitigation measures, the city shall issue a determination of nonsignificance if the city also determines that no additional information or mitigation measures are required.
2. If the city indicates areas of concern, but does not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination and issue a DNS or DS as appropriate.
3. The applicants proposed mitigation measures, clarifications, changes, or conditions must be in writing and must be specific.
4. Mitigation measures that justify issuance of a mitigated DNS maybe 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 until 15 days after the date of issuance.
F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit and may be enforced in the same manner as any other term or condition. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit 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 written 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 shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 714-00)
17.04.140 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 consideration
197-11-450 Cost-benefit analysis
197-11-455 Issuance of DEIS
197-11-460 Issuance of HIS
(Ord. 714-00)
17.04.150 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 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 additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions or regulation, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. (Ord. 714-00)
17.04.160 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. 714-00)
17.04.170 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, and whether any public hearing will be held as follows:
A. Threshold Determination Notice. Public notice will be given on the following situations:
1. DNS involving another agency with jurisdiction;
2. DNS involving demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880;
3. DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions;
4. DNS under WAC 197-11-350(2), Early Notice;
5. DNS under WAC 197-11-350(3), Mitigated DNS;
6. DNS under WAC 197-11-360(4), Change from DS to DNS;
7. DS for scoping purposes;
8. Availability of a DEIS.
B. Type of Notice. Under subsection A of this section, notice will be given as follows:
1. Posting in accordance with Chapter 16.124 SMC; and
2. Publication in the SEPA register; and
3. Other methods as deemed necessary and appropriate by the responsible official or required by city ordinance.
C. Public Hearing. Whenever a public hearing is held, notice shall be given. Such notice shall precede the hearing by at least 10 calendar days.
D. Type of Notice. Under subsection C of this section, notice will be given as follows:
1. Posting of or near the property for site specific proposals;
2. Mailing to property owners within a 300 foot radius of the proposed site;
3. Posting in accordance with Chapter 16.82 SMC; and
4. Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a nonproject proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b). (Ord. 714-00)
17.04.180 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 of 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 manner and include data from all appropriate departments of the city. (Ord. 714-00)
17.04.190 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. 714-00)
17.04.200 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. 714-00)
17.04.210 SEPA decisions – Nonexempt proposals.
For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city staff’s recommendation to the hearing examiner and/or the city council. (Ord. 714-00)
17.04.220 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;
2. Such conditions are in writing;
3. 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 SMC Title 16, Unified Development Code, and cited in the permit 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 probable significant adverse environmental impacts that are identified in a final EIS, or supplemental EIS;
2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in the city of Sultan comprehensive plan and identified in writing in the decision document refer to SMC 17.04.230. (Ord. 714-00)
17.04.230 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 existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals.
1. Chapter 43.21C RCW, State Environmental Policy Act;
2. Six-Year Transportation Improvement Program;
3. Sultan Unified Development Code, SMC Title 16;
4. Sultan comprehensive plan;
5. Utility development plans. (Ord. 714-00)
17.04.240 Appeals.
A. Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a nonelected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. The review process shall provide for no more than one consolidated open record hearing and one closed record hearing appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing.
B. SEPA appeals shall be governed by the procedures specified in SMC 16.06.060(C).
C. On receipt of a timely written notice of appeal, the community development director shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council.
D. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
E. For any appeal under this section, the city shall provide a record that shall consist of the following:
1. The original application with SEPA documents;
2. Findings and conclusions with approval conditions if any;
3. Testimony under oath; and
4. Written transcript or minutes from the original hearing.
F. The city may require the applicant to provide an electronic transcript.
G. The city shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 1367-22 § 3 (Exh. A); Ord. 1347-21 § 42; Ord. 714-00)
17.04.250 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
197-11-732 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. 714-00)
17.04.270 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 governmental proposals
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 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. 714-00)
17.04.280 Environmentally sensitive areas.
A. The environmental sensitive areas map as adopted in the Sultan comprehensive plan designating the location of environmentally sensitive areas within the city is adopted by reference. For each environmentally sensitive area, no exemption shall be applicable for that area (WAC 197-11-800).
B. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under 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.
C. 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. 714-00)
17.04.290 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 reviews as lead agency, the city shall collect a fee set by city ordinance and listed in the Sultan fee schedule, from the applicant of the proposal prior to undertaking the threshold determination. This fee may be waived as provided herein. The time periods provided by this chapter from making a threshold determination shall not begin to run until the fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant’s request, an additional fee equal to the estimated actual cost of providing the assistance shall be collected.
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 any person or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants 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 cost exceeds 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 subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.
C. The city may collect a reasonable fee from an applicant to cover the cost of meeting any 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 and established by city ordinance. (Ord. 714-00)
17.04.300 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. 714-00)