Chapter 18.92
AGENCY COMPLIANCE
Sections:
18.92.010 Purpose of this chapter and adoption by reference.
18.92.010 Purpose of this chapter and adoption by reference.
This chapter contains rules for city compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical 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:
WAC
197-11-900 Purpose of this part; agency compliance.
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 agency 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. 548 § 2 (Exh. D) (part), 2007)
18.92.020 Fees.
A. The time periods provided by this division for making a threshold determination shall not begin to run until payment of the fee has been paid to the city. The city shall require fees, as adopted by resolution, for the following activities in accordance with the provisions of this chapter:
1. Threshold Determination.
a. For every environmental checklist the city reviews when it is lead agency, the city shall collect the fee from the proponent for the proposal prior to undertaking the threshold determination.
b. When the city completes the environmental checklist at the applicant’s request or under Section 18.64.040(D)(2), the established fee(s) shall be collected.
2. Determination of Nonsignificance (DNS). Where the city is the lead agency and issues a DNS, the city shall charge the applicant the established fee.
3. Mitigated Determination of Nonsignificance (MDNS). Where the city is the lead agency and the city issues a threshold determination of MDNS, the city shall charge the applicant for all administrative and professional costs the city incurs in preparing mitigation measures.
4. Determination of Significance (DS)/Environmental Impact Statement (EIS) Required.
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. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation and the applicant shall post bond or otherwise ensure payment of such costs.
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 the activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant.
c. If a proposal is modified so that an EIS is no longer required, the responsible official or designee shall refund any fees collected under subsection (A)(4)(a) or (b) of this section which remain after incurred costs are paid.
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.
C. The city shall not collect a fee for performing its duties as a consulted agency.
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. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.92.030 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other person or circumstances, shall not be affected. WAC 197-11-950 (Severability) is adopted by reference. (Ord. 548 § 2 (Exh. D) (part), 2007)