Chapter 14.22
Agency Compliance

Sections:

14.22.010    Purpose of this chapter and adoption by reference.

14.22.020    Fees.

14.22.030    Effective date.

14.22.010 Purpose of this chapter and 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 of Montesano adopts the following sections by reference, as supplemented by WAC 173-806-050 through 173-806-053 and this part:

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 resolutio of lead agency disputes.

 

948

Assumption of lead agency status.

(Ord. 1224 (part), 1985).

14.22.020 Fees.

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

(1)    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 proponen. of the proposal prior to undertaking the threshold deter ination. The time periods provided by this title for making a threshold determination shall not begin to run until payme t of the fee. When the city completes the environmental c ecklist 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.

(2)    Environmental Impact Statement.

(A)    When the city is the ead agency for a proposal requiring an EIS and the responsib e official determines that the EIS shall be prepared by emplo ees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the cit in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior •$04 actual preparation; the applicant shall post bond or othe ise 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 activities intiated by some persons or entity other th-n the city and may bill such costs and expenses directly t. the applicant. The city may require the applicant to post •ond or otherwise ensure payment of such costs. Such consu tants shall be selected by mutual agreement of the city an. applicant after a call for proposals.

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

(3)    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.

(4)    The city shall not collet a fee for performing its duties as a consulted agency.

(5)    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. 1224 (part), 1985).

14.22.030 Effective date.

The effective date of the ordinance codified in this title is August 6, 1985. (Ord. 1224 (part), 1985).