Chapter 13.10


13.10.010    Adoption by reference of Chapter 197-11 WAC.

13.10.020    Designation of responsible official.

13.10.030    Information sufficient to initiate environmental review.

13.10.040    Responsibility for filling out environmental checklist.

13.10.050    Financial burden for preparation and circulation of EIS.

13.10.060    Relationship to decision-making process.

13.10.070    Method of giving notice.

13.10.080    Method of filing.

13.10.090    Appeals.

13.10.010 Adoption by reference of Chapter 197-11 WAC.

Pursuant to the State Environmental Policy Act, RCW 43.21C.120, Chapter 197-11 WAC is hereby adopted by reference. [Ord. 524 § 1, 1984.]

13.10.020 Designation of responsible official.

(Reference WAC 197-11-910)

The town planner, or other person as may be hereafter designated by written order of the mayor, shall be responsible for administration of this chapter, except that determination of whether a proposal must undergo environmental review (reference Categorical Exemptions, WAC 197-11-305) shall be the responsibility of that agent of the town which first receives or initiates the proposal. [Ord. 524 § 2, 1984.]

13.10.030 Information sufficient to initiate environmental review.

(Reference WAC 197-11-055(4))

Environmental review may be initiated whenever, in the opinion of the responsible official, sufficient information exists to reasonably assess the environmental impacts of a proposal. [Ord. 524 § 3, 1984.]

13.10.040 Responsibility for filling out environmental checklist.

(Reference WAC 197-11-315(21))

Responsibility for filling out the environmental checklist shall rest with the applicant. [Ord. 524 § 4, 1984.]

13.10.050 Financial burden for preparation and circulation of EIS.

(Reference WAC 197-11-504(2))

No fees shall be charged for conducting environmental review. However, financial burden for preparation and circulation of EISs shall rest with the applicant, under the direction of the responsible official. The town may offset the financial burden by charging nongovernmental entities for copies of any documents prepared under this chapter. The EIS may be prepared by the town, the applicant, or a consultant, at the discretion of the town but in most cases will be prepared by a consultant. [Ord. 524 § 5, 1984.]

13.10.060 Relationship to decision-making process.

(Reference WAC 197-11-055(3)(a), 197-11-350(7) and 197-11-660(a))

(1) Environmental documents and/or communications from the responsible official shall be forwarded to the advisory and decision-making bodies with authority over the proposal in such a manner as to allow incorporation of environmental factors into their consideration of the proposal. If a declaration of nonsignificance has been issued, they shall be so advised and the environmental checklist made available for their review on request. If a declaration of significance has been issued, they shall be forwarded copies of the draft and final EIS.

(2) If a mitigated declaration of nonsignificance has been issued, decision-makers shall not approve the proposal without incorporating the mitigating measures as conditions of approval; provided, that this shall not prevent tabling of the matter pending an appeal to the mitigated declaration of nonsignificance.

(3) The town’s comprehensive plan and shoreline management master program, and the agency responsibilities established by RCW 43.21C.020 (2) which are hereby adopted by reference, are hereby designated as a basis for the exercise of substantive authority under SEPA. [Ord. 524 § 6, 1984.]

13.10.070 Method of giving notice.

Method of giving notice in accordance with WAC 197-11-510 shall be written notification to at least one newspaper of general circulation in the area, plus any other means deemed appropriate by the responsible official. [Ord. 524 § 7, 1984.]

13.10.080 Method of filing.

Documents pursuant to this chapter shall be filed with the documents pertaining to the underlying governmental action. [Ord. 524 § 8, 1984.]

13.10.090 Appeals.

Threshold determinations, significant or nonsignificant, may be appealed to the hearing examiner pursuant to the provisions of Chapter 15.12 LCMC. [Ord. 839 § 27, 2001; Ord. 524 § 9, 1984.]