Chapter 18.10
AGENCY COMPLIANCE
Sections:
18.10.010 Purpose – Adoption by reference.
18.10.010 Purpose – Adoption by reference.
This chapter contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency and applying these rules to current agency activities. The Town adopts the following sections by reference, as supplemented in this chapter:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-904 Agency SEPA procedures.
197-11-906 Content and consistency of agency procedures.
197-11-914 SEPA fees and costs.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for environmental 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 town/county.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a town/county, and one or more state agencies.
197-11-936 Lead agency for private projects requiring license 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.
[UDC Ord. dated 7/21/1998].
18.10.020 Fees.
The Town shall require the following fees for its activities in accordance with the provisions of this title:
A. Threshold Determination. For every environmental checklist the Town will review when it is lead agency, the Town shall collect a fee as set forth by resolution from the proponent of the proposal prior to undertaking the threshold determination. The time period provided by this title for making a threshold determination shall not begin to run until payment of the fee. When the Town completes the environmental checklist at the applicant’s request or under WMC 18.03.020(C), and when an applicant requests early notice under WMC 18.03.050(B), an additional fee as set forth by resolution shall be collected.
B. Environmental Impact Statement.
1. When the Town is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared in whole or in part by the employees of the Town, the Town may charge and collect a reasonable fee from any applicant to cover all costs incurred by the Town in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation: the applicant shall provide a deposit, post bond or otherwise ensure payment of such costs.
2. The responsible official may determine that the Town 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 Town, and may bill such costs and expenses directly to the applicant. The Town may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the Town and applicant.
3. 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 are paid.
C. The Town may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this title relating to the applicant’s proposal.
D. The Town shall not collect a fee for performing its duties as a consulted agency.
E. The Town may charge any person for copies of any document prepared under this title, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 2004.18 § 1, 2004; UDC Ord. dated 7/21/1998].