Chapter 14.02
STATE ENVIRONMENTAL POLICY ACT

Sections:

14.02.010    Authority.

14.02.015    Administration – Consistency with BMC Title 11, Administration of Development Regulations.

14.02.020    Adoption by reference.

14.02.040    Designation of responsible official.

14.02.050    Lead agency determination and responsibilities.

14.02.060    Threshold determinations – Timing.

14.02.070    Categorical exemptions and threshold determinations – Adoption by reference.

14.02.080    Categorical exemptions – Adoption by reference.

14.02.090    Categorical exemptions – Flexible thresholds.

14.02.100    Categorical exemptions – Determination.

14.02.110    Threshold determination – Review at conceptual stage.

14.02.120    Threshold determinations – Environmental checklist.

14.02.130    Threshold determinations – Mitigated DNS.

14.02.135    Optional DNS/MDNS process.

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

14.02.150    EIS – Preparation.

14.02.160    EIS – Additional elements.

14.02.170    EIS – Commenting – Adoption by reference.

14.02.180    Public notice.

14.02.190    Designation of official to perform consulted agency responsibilities.

14.02.200    Using existing environmental documents – Adoption by reference.

14.02.210    SEPA decisions – Adoption by reference.

14.02.220    SEPA decisions.

14.02.230    SEPA decisions – Substantive authority.

14.02.240    SEPA – Policies.

14.02.250    Administrative appeals.

14.02.260    Notice/statute of limitations.

14.02.270    Definitions – Adoption by reference.

14.02.280    Compliance with SEPA – Adoption by reference.

14.02.290    Critical areas.

14.02.300    Fees.

14.02.310    Forms – Adoption by reference.

14.02.010 Authority.

The city of Bothell adopts this policy under the State Environmental Policy Act (SEPA), RCW 43.210.120, 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.015 Administration – Consistency with BMC Title 11, Administration of Development Regulations.

Environmental review under this chapter shall be conducted in a manner which does not duplicate other requirements of this code. Chapter 11.10 BMC provides for integration with other development regulations and project permit review. The provisions of Chapter 11.10 BMC shall prevail in the event of any conflict with the provisions of this chapter. (Ord. 1631 § 1, 1996).

14.02.020 Adoption by reference.

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

WAC

197-11-040    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.

197-11-158    GMA project review – Reliance on existing plans, laws, and regulations.

197-11-164    Planned actions – Definition and criteria.

197-11-168    Ordinances and resolutions designating planned actions – Procedures for adoption.

197-11-172    Planned actions – Project review.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

197-11-225    Purpose, policy applicability and definitions.

197-11-228    Overall integration procedures.

197-11-230    Timing of an integrated SEPA/GMA process.

197-11-232    Integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235    Integrating documents.

197-11-238    Monitoring.

197-11-250    SEPA/Model Toxics Control Act integration.

197-11-256    Preliminary evaluation.

197-11-259    Determination of nonsignificance for MTCA remedial action.

197-11-262    Determination of significance and EIS for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 2026 § 1, 2009; Ord. 1768 § 1, 1999; Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.040 Designation of responsible official.

A.    For those proposals for which the city is a lead agency, the responsible official shall be the city manager 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.050 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 resolved within 14 calendar 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 14-calendar-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 (or any department making a lead agency determination for a private project) shall require sufficient information from the applicant to identify other agencies with jurisdiction. (Ord. 1768 § 2, 1999; Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.060 Threshold determinations – Timing.

The timing of the issuance of threshold determinations shall follow the requirements of WAC 197-11-340 as it now exists or is hereafter amended. In no case shall a threshold determination be issued until after the comment period on a notice of application, issued pursuant to BMC Title 11, has expired. (Ord. 1631 § 1, 1996).

14.02.070 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 significance (DS)/initiation of scoping.

197-11-390    Effect of threshold determination.

(Ord. 1768 § 3, 1999; Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.080 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.090 Categorical exemptions – Flexible thresholds.

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

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

2.    For agricultural structures in WAC 197-11-800(1)(b)(ii) covering up to 10,000 square feet.

3.    For office, commercial, recreational service or storage buildings in WAC 197-11-800(1)(b)(iii) up to 4,000 square feet gross floor area and up to 20 parking spaces.

4.    For parking lots in WAC 197-11-800(1)(b)(iv) up to 20 parking spaces.

5.    For landfills and excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards.

B.    The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.100 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 this 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.110 Threshold determination – Review at conceptual stage.

A.    When the city’s only action on a proposal is a decision on a building permit or other license that requires 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 for early environmental review additional information as determined by the responsible official. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.120 Threshold determinations – 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. 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, 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 proposals currently under consideration. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.130 Threshold determinations – 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. Conditions shall be attached only as permitted pursuant to Chapter 11.10 BMC, Administration.

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 or 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 the 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 (MDNS) has been issued for 14 calendar days after the date of issuance; provided, that the requirements of this section shall not apply to an MDNS issued pursuant to the optional DNS/MDNS process described in BMC 14.02.135.

F.    Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing or permitting decision and may be enforced in the same manner as any term or condition 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 mitigation 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 B 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. 1768 § 4, 1999; Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.135 Optional DNS/MDNS process.

A.    If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period set forth in this section. The single comment period will integrate the SEPA comment period with the 21-calendar-day comment period on the notice of the underlying application. If this process is used, a second SEPA comment period will typically not be required when the DNS or MDNS is issued. The DNS or MDNS shall designate the applicable appeal period. Any notice of application or environmental threshold determination shall specify the final day and time for submittal of comments and/or appeals.

B.    If the optional process set forth in this section is used, the responsible official shall:

1.    State on the first page of the notice of application that it expects to issue a DNS or MDNS for the proposal, and that:

a.    The optional DNS/MDNS process is being used;

b.    This may be the only opportunity to comment on the environmental impacts of the proposal;

c.    The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

d.    A copy of the subsequent threshold determination for the specific proposal stating the time period for filing an appeal may be obtained upon request (in addition, the city may maintain a general mailing list for threshold determination distribution);

2.    List in the notice of application the conditions being considered to mitigate environmental impacts, if an MDNS is expected;

3.    Comply with the requirements for a notice of application and public notice in BMC 11.06.004; and

4.    Send the notice of application and environmental checklist to:

a.    Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

b.    Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the city may maintain a general mailing list for checklist distribution).

C.    If the responsible official indicates on the notice of application that a DNS or MDNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with BMC 14.02.050, WAC 197-11-940 and 197-11-948.

D.    The responsible official shall consider timely comments on the notice of application and either:

1.    Issue a DNS or MDNS with no comment period, using the procedures in Chapter 11.19 BMC;

2.    Issue a DNS or MDNS with a comment period, using the procedures in Chapter 11.19 BMC, if the responsible official determines a comment period is necessary;

3.    Issue a declaration of significance (DS) requiring the preparation of an environmental impact statement, using the procedures in Chapter 11.19 BMC; or

4.    Require additional information or studies prior to making a threshold determination.

E.    The differences between the standard and optional processes are summarized graphically as follows:

Process Type

Process

Standard – separate and consecutive NOA and SEPA comment periods

Step 1 – NOA issued; 21-day comment period follows

Step 2 (after 21-day NOA comment period ends) – SEPA threshold determination issued; if DNS or MDNS, 21-day combined SEPA comment and appeal period follows

Optional – single concurrent NOA and SEPA comment period

Step 1 – NOA issued, containing statement that a DNS or MDNS is likely to be issued and that the following 21-day combined NOA and SEPA comment period may be the only opportunity to comment on the environmental impacts of the proposal

Step 2 (after 21-day combined NOA and SEPA comment period ends) – DNS or MDNS issued; 14-day SEPA appeal period follows

(Ord. 1768 § 5, 1999).

14.02.140 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 considerations.

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of DEIS.

197-11-460    Issuance of FEIS.

(Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.150 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.160 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 determinations or perform any other function of 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.170 EIS – Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference and 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.180 Public notice.

A.    Whenever public notice is required pursuant to Chapter 197-11 WAC, the city shall follow the procedures set forth in BMC Title 11, Administration of Development Regulations, or as may hereafter be amended.

B.    The responsible official shall maintain a list of all threshold determinations known as the “city of Bothell SEPA register”. The register shall be available for public inspection during normal working hours. The responsible official will periodically mail a copy of the register when new threshold determinations have been made to any person who has filed a request and paid in advance a fee determined by the responsible official to be the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but are provided by the city as a voluntary additional notice. Failure to provide this voluntary additional notice shall not affect the validity of any action or proceeding.

C.    The city may require an applicant to compensate the city for the costs of compliance with the public notice requirements for the applicant’s proposal or provide services and materials to assist. (Ord. 2140 § 2 (Exh. B), 2014; Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.190 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 fashion and include data from all appropriate departments of the city. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.200 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.210 SEPA decisions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.220 SEPA decisions.

For non-exempt proposals, any DNS or completed final EIS for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the planning commission. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.230 SEPA decisions – Substantive authority.

A.    The city may attach conditions to a license 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 BMC 14.02.240 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 probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and

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

3.    The denial is based on one or more policies identified in BMC 14.02.240 and identified in writing in the decision document. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.240 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 designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

1.    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:

a.    Fulfill the responsibilities of each generation as steward of the environment for succeeding generations;

b.    Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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

d.    Preserve important historic, cultural, scientific, educational, and natural aspects of our heritage;

e.    Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f.    Achieve a balance between population and resource use which will permit high standards of living and a wise sharing of life’s amenities; and

g.    Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2.    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.

3.    The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended:

a.    BMC Title 18, as amended, regarding water and sewers;

b.    BMC Title 15, as amended, regarding subdivisions;

c.    BMC Title 12, as amended, regarding zoning;

d.    BMC Title 13, as amended, regarding shoreline management;

e.    BMC Title 21, as amended, regarding development impact mitigation;

f.    BMC Title 17, Transportation;

g.    BMC Title 18, Utilities Infrastructure;

h.    Ordinance 1557, as amended, the Imagine Bothell... Comprehensive Plan, comprehensive water plan, comprehensive sewer plan, and comprehensive storm water master plan;

i.    Resolution 774 as it now exists or may hereafter be amended establishing a policy relating to transportation level of service standards and requiring transportation impact mitigation;

j.    Ordinance No. 1447 as it now exists or may hereafter be amended, the critical areas ordinance;

k.    RCW 82.02.050 through 82.02.090;

l.    City of Bothell Design and Construction Standards and Specifications;

m.    City of Bothell Complete Streets Policy dated September 20, 2016, as adopted by Ordinance No. 2217 (2017). (Ord. 2217 § 2, 2017; Ord. 1631 § 1, 1996; Ord. 1370 § 1, 1990).

14.02.250 Administrative appeals.

A.    Any person may appeal a threshold determination, adequacy of a final EIS and conditions or denials of a requested action made by a non-elected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed.

B.    All SEPA appeals must be filed in writing with the director either:

1.    Within 14 calendar days after the date of issuance of a notice of decision (see BMC 11.12.007(C)) if the responsible official does not designate a comment period in the threshold decision; or

2.    Within 21 calendar days after the date of issuance of a notice of decision if the responsible official designates a comment period in the threshold decision.

    The notice of decision shall state the applicable appeal period. All appeals shall contain a statement of reasons why the decision of the responsible official is allegedly in error and comply with the other requirements for a written appeal listed in BMC 11.14.005(D).

C.    On receipt of a timely notice of appeal and the appeal fee set in BMC 14.02.300, the director shall advise the hearing examiner of the pendency of the appeal and the hearing examiner shall set a date to hear the appeal. When an appeal is received on a quasi-judicial application which requires an open record public hearing, the hearing examiner shall hold a consolidated open record public hearing on the appeal and the underlying application.

D.    SEPA appeals shall be heard in open record public hearing. All relevant evidence shall be received during the hearing of the appeal. Appeals shall be considered de novo and limited to the issues cited in the notice of appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.

E.    The hearing examiner may postpone or continue a hearing for cause, but shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternate development proposal under separate application, unless all parties to the appeal agree in writing.

F.    For any appeal under this section, the city shall provide for a record that shall consist of the following:

1.    Findings and conclusions;

2.    Testimony under oath; and

3.    A taped or written transcript of the open record hearing.

G.    The decision of the hearing examiner on the SEPA appeal shall be final, with no additional administrative appeal. Upon filing of a judicial appeal under Chapter 36.70C RCW (the Land Use Petition Act) or any other available writ, any certified copies or written transcripts required for such shall be prepared by the city clerk at the expense of the appellant.

H.    If a time limit is established by statute or ordinance for commencing a judicial appeal of the project permit, the responsible official shall give official notice of the date and place for commencing the appeal. The notice shall include:

1.    Notice that any SEPA issues must be appealed within the time limit set by statute or ordinance for appealing the underlying governmental action;

2.    The time limit for commencing the appeal of the underlying governmental action and SEPA issues, and the statute or ordinance establishing the time limit; and

3.    Where the appeal may be filed.

    Written notice shall be provided to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions concerning the project. Such notice may be appended to the permit, the decision documents, the SEPA compliance documents, or may be printed separately. (Ord. 1871 § 1, 2002; Ord. 1768 § 6, 1999; Ord. 1631 § 1, 1996; Ord. 1370 § 1, 1990; Ord. 1149, 1984).

14.02.260 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. 1631 § 1, 1996; Ord. 1149 , 1984).

14.02.270 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, and 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    Critical 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.280 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 on-going 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 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. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.290 Critical areas.

A.    Critical areas maps are maintained by the city and designate the location of known critical areas within the city. Said maps, one copy of each of which has been filed with the city clerk, are adopted by reference. For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are:

WAC

197-11-800(1)    Minor new construction – Flexible thresholds.

197-11-800(2)(d)    Septic tank installations.

197-11-800(2)(g)    Installation of impervious underground tanks.

197-11-800(6)(a)    Minor land use decisions short plat approval.

197-11-800(24)(a), (c), (g)    Utilities.

Unidentified exemptions shall continue to apply within critical areas of the city.

B.    The city shall treat proposals located wholly or partially within a critical area no differently than other proposals under this chapter except as stated in the prior subsection. A threshold determination shall be made for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area. (Ord. 1631 § 1, 1996; Ord. 1149, 1984).

14.02.300 Fees.

A.    The city shall establish fees by city council resolution for its activities in accordance with the provisions of this chapter:

1.    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 the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees.

2.    Environmental Impact Statement.

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

b.    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 incurred including overhead directly to the applicant. Such consultants shall be selected by the city.

c.    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, and the city is not obligated to proceed until the moneys have been received. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (A)(2)(a) or (A)(2)(b) of this section which remain after incurred costs, including overhead, are paid.

3.    Appeals. All appeals shall be accompanied by a nonrefundable appeal fee.

B.    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. 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 state law.

C.    The responsible official will adopt a fee schedule for purpose of this section to cover costs incurred including overhead until city council adopts a fee schedule by resolution. (Ord. 1631 § 1, 1996; Ord. 1445 § 1, 1991; Ord. 1149, 1984).

14.02.310 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. 1631 § 1, 1996; Ord. 1149, 1984).