Chapter 18.05 NOTIFICATION AND COMMENTING

Chapter 18.05
NOTIFICATION AND COMMENTING

Sections:

18.05.010 Purpose – Adoption by reference.

18.05.020 Filing of environmental documents.

18.05.050 Official performing consulted agency responsibilities for Town.

18.05.010 Purpose – Adoption by reference.

This chapter contains the rules for accommodating agency and public awareness of environmental documents and determinations, including procedures for input and response. The Town adopts the following sections 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.

197-11-510 Public notice.

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.

[UDC Ord. dated 7/21/1998].

18.05.020 Filing of environmental documents.

A. The Town shall submit the following documents in a timely manner to the Department of Ecology (DOE) for publication in the SEPA register:

1. All determinations of nonsignificance (DNSs), except those involving proposals for which there is no other agency with jurisdiction; provided, that DNSs for clearing or grading permits and demolition permits shall be submitted to DOE regardless of jurisdictional agencies;

2. All mitigated DNSs;

3. All determinations of significance (DSs/scoping notices);

4. All environmental impact statements (EISs), including draft (DEIS), final (FEIS) and supplemental (SEIS) documents and notices of adoption of EISs on EIS addenda; and

5. All notices of action published under the optional provisions of RCW 43.21C.080.

B. SEPA documents not listed in subsection (A) of this section involve no statutory comment or response period and are limited to certain EIS addenda (WAC 197-11-625) and DNS documents on proposals for which the Town is the only agency with jurisdiction. Those documents may, but are not required to, be circulated for agency and public review or comment. [UDC Ord. dated 7/21/1998].

18.05.030 Public notification.

A. A notice of action may be publicized in the manner prescribed in RCW 43.21C.080. Whenever the Town issues any other document listed in WMC 18.05.020(A), public notice shall be given as follows:

1. If public notice is required for a nonexempt license the notice may state whether a DNS, DS or EIS has been issued and, if applicable, when comments are due.

2. If no public notice is required or given pursuant to subsection (A)(1) of this section, the Town shall give notice of the DNS, DS or EIS availability by at least one (1) of the following methods:

a. Posting the property, for site-specific proposals;

b. Publishing notice in a newspaper of general circulation in the County, Town or general area where the proposal is located;

c. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

d. Notifying the news media;

e. Placing notices in appropriate regional, neighborhood, ethnic or trade journals; and/or

f. Publishing notice in agency newsletters and/or sending notice via agency mailing lists.

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

C. The Town may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [UDC Ord. dated 7/21/1998].

18.05.040 Comments and responses.

A. The Town shall use reasonable methods to inform agencies and the public of environmental determinations, document availability and review or comment opportunities. In particular, the Town shall invite written comments on the environmental aspects of any nonexempt proposal to be completed within the prescribed time limits, which are:

1. Fifteen (15) days from the date of issuance of any DNS under WMC 18.05.020(A);

2. Twenty-one (21) days from the date of issuance of any DS/scoping notice under WAC 197-11-408(2)(a); and

3. Thirty (30) days from the date of issuance of any draft EIS, unless an extension is granted under WAC 197-11-155(7).

B. Written comments on environmental documents submitted by any person or agency should be as specific as possible. The Town shall consider and may respond to comments as deemed appropriate:

1. Comments on a DNS may be used in reevaluating the threshold determination and in considering mitigation measures, but will normally involve no written response;

2. Comments on a DS will be used in determining the scope of an EIS; and

3. Comments on a draft EIS will be evaluated for response in the FEIS, with primary consideration given to substantive comments. [UDC Ord. dated 7/21/1998].

18.05.050 Official performing consulted agency responsibilities for Town.

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

B. This office shall be responsible for the Town’s compliance with WAC 197-11-550 whenever the Town 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 Town. [UDC Ord. dated 7/21/1998].