Chapter 14.22
AGENCY COMPLIANCE

Sections:

14.22.010    Purpose of this chapter--Adoption by reference.

14.22.020    Fees.

14.22.010 Purpose of this chapter--Adoption by reference.

This chapter contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive 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, as supplemented by WAC 173-806-050 through 173-806-053 and this chapter:

WAC 197-11-900    Purpose of this part.

902    Agency SEPA policies.

916    Application to ongoing actions.

920    Agencies with environmental expertise.

922    Lead agency rules.

924    Determining the lead agency.

926    Lead agency for governmental proposals. 928 Lead agency for public and private proposals.

930    Lead agency for private projects with one agency with jurisdiction.

932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

936    Lead agency for private projects requiring licenses from more than one state agency.

938    Lead agencies for specific proposals.

940    Transfer of lead agency status to a state agency.

942    Agreements on lead agency status.

944    Agreements on division of lead agency duties.

946    DOE resolution of lead agency disputes.

948    Assumption of lead agency status.

(Ord. 778(part), 1884).

14.22.020 Fees.

The city shall require the following fees for its activities in accordance with the provisions of this title:

A.    Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee which may be set by resolution by the city council from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this title for making a threshold determination shall not begin to run until payment of the fee. When the city completes the environmental checklist at the applicant’s request or under WAC 173-806-090(3) of this title an additional fee which may be set by resolution by the city council 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 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; the applicant shall post bond or otherwise ensure payment of such costs.

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 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 after a call for proposals.

3.    If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (1) or (2) of this subsection which remain after incurred costs are paid.

C.    The city 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 city shall not collect a fee for performing its duties as a consulted agency.

E.    The city may charge any person for copies of any document prepared under this title, and for mailing the document, in a manner provided by RCW Chapter 42.17. (Ord. 778(part), 1984).