CHAPTER 3
ENVIRONMENTAL PROCEDURES
SECTION:
5-3-3: Categorical Exemptions And Threshold Determinations
5-3-4: Environmental Impact Statement (EIS)
5-3-6: Using Existing Environmental Documents
5-3-7: SEPA And Agency Decisions
5-3-1 AUTHORITY:
The city adopts this chapter under the state environmental policy act (SEPA), Revised Code of Washington 43.21C.120 and the SEPA Rules, Washington administrative code 197-11-904. This chapter contains the city’s procedures and policies under SEPA. Hereafter, the SEPA rules, Washington administrative code chapter 197-11, shall be used in conjunction with this chapter. (Ord. 316, 12-10-1984)
5-3-2 GENERAL REQUIREMENTS:
A. Purpose; Adoption By Reference: This section contains the basic requirements that apply to the SEPA process. The city does hereby adopt the following sections by reference:
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WAC |
197-11-020(3) |
Purpose |
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197-11-030 |
Policy |
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197-11-040 |
Definitions |
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197-11-050 |
Lead agency |
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197-11-055 |
Timing of the SEPA process |
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197-11-060 |
Content of environmental review |
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197-11-070 |
Limitations on actions during SEPA process |
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197-11-080 |
Incomplete or unavailable information |
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197-11-090 |
Supporting documents |
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197-11-100 |
Information required of applicants |
B. Additional Definitions: In addition to those definitions contained within Washington administrative code 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
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CITY: |
The municipal corporation of the city of Roy and all departments or divisions thereof. |
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CITY COUNCIL: |
The city council of the city of Roy. |
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DEPARTMENT: |
Any division, subdivision, or organizational unit of the city established by ordinance, resolution, rule or order. |
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EARLY NOTICE: |
The city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance [DNS] procedures). |
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ORDINANCE: |
The ordinance, resolution or other procedure used by the city to adopt regulatory requirements. |
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PROPONENT: |
An agency or private applicant proposing an action subject to SEPA. |
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SEPA RULES: |
Washington administrative code chapter 197-11 adopted by the state department of ecology as now or hereafter amended. |
C. Designation Of Responsible Official: For those proposals for which the city is the lead agency, the responsible official shall be the mayor or his designee.
1. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in Washington administrative code 173-806-020.
2. The city shall retain all documents required by the SEPA rules (Washington administrative code chapter 197-11) and make them available in accordance with Revised Code of Washington chapter 42.17.
D. Lead Agency Determination And Responsibilities:
1. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under Washington administrative code 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.
2. When the city is the lead agency for a proposal, the department receiving the application shall forward to the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
3. 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 department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under Washington administrative code 197-11-600. In some cases, the city may conduct supplemental environmental review under Washington administrative code 197-11-600.
4. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of Washington administrative code 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 fifteen (15) days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under Washington administrative code 197-11-946 within a fifteen (15) day period. Any such petition on behalf of city may be initiated by the responsible official.
5. The city is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under Washington administrative code 197-11-942 and 197-11-944; provided, that the responsible official that will incur responsibilities as the result of such agreement approve the agreement.
6. When the city makes a lead agency determination for a private project, the city shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: Which agencies require nonexempt licenses?).
E. Transfer Of Lead Agency Status To State Agency: For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in Washington administrative code 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.
F. Additional Timing Considerations:
1. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the staff recommendation to any appropriate advisory body, such as the planning commission.
2. If 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. (Ord. 316, 12-10-1984)
5-3-3 CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS:
A. Purpose; Adoption By Reference: This section contains rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impact of proposals not requiring an EIS. The city adopts the following sections by reference:
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WAC |
197-11-300 |
Purpose of this part |
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197-11-305 |
Categorical exemptions |
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197-11-310 |
Threshold determination required |
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197-11-315 |
Environmental checklist |
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197-11-330 |
Threshold determination process |
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197-11-335 |
Additional information |
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197-11-340 |
Determination of nonsignificance (DNS) |
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197-11-350 |
Mitigated DNS |
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197-11-360 |
Determination of significance (DS) initiation of scoping |
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197-11-390 |
Effect of threshold determination |
B. Use Of Exemptions:
1. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s 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 apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
2. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (Washington administrative code 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.
3. 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 as authorized in Washington administrative code 197-11-070:
a. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
b. A department 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 nonexempt action(s) were not approved.
C. Environmental Checklist:
1. A completed environmental checklist (or a copy), in the form provided in Washington administrative code 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 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.
2. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
3. The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
a. The city has technical information on a question or questions that is unavailable to the private applicant; or
b. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
D. Mitigated DNS:
1. As provided in this section and in Washington administrative code 197-11-350, the responsible official may issue a 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.
2. An applicant may request in writing early notice of whether a DS is likely under Washington administrative code 197-11-350. The request must:
a. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
b. Precede the city’s actual threshold determination for the proposal.
3. The responsible official should respond to the request for early notice within fifteen (15) working days. The response shall:
a. Be written;
b. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
4. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
5. When an applicant submits a changed or clarified proposal along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal:
a. 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, to remove all negative impacts, the city shall issue and circulate a DNS under Washington administrative code 197-11-340(2).
b. 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.
c. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate.
d. 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.
6. Mitigated DNS’s issued under Washington administrative code 197-11-340(2) require a fifteen (15) day comment period and public notice.
7. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
8. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with Washington administrative code 197-11-340(3) (withdrawal of DNS).
9. The city’s written response under subsection D3 of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications 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. 316, 12-10-1984)
5-3-4 ENVIRONMENTAL IMPACT STATEMENT (EIS):
A. Purpose; Adoption By Reference: This section contains rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this section:
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WAC |
197-11-400 |
Purpose of EIS |
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197-11-402 |
General requirements |
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197-11-405 |
EIS types |
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197-11-406 |
EIS timing |
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197-11-408 |
Scoping |
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197-11-410 |
Expanded scoping |
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197-11-420 |
EIS preparation |
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197-11-425 |
Style and size |
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197-11-430 |
Format |
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197-11-435 |
Cover letter or memo |
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197-11-440 |
EIS contents |
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197-11-442 |
Contents of EIS on nonproject proposals |
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197-11-443 |
EIS contents when prior nonproject EIS |
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197-11-444 |
Elements of the environment |
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197-11-448 |
Relationship of EIS to other considerations |
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197-11-450 |
Cost-benefit analysis |
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197-11-455 |
Issuance of DEIS |
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197-11-460 |
Issuance of FEIS |
B. Preparation Of EIS; Additional Considerations:
1. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Washington administrative code chapter 197-11.
2. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant or by a consultant selected by the city or the applicant. 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 DEIS and FEIS prior to distribution.
3. 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. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 316, 12-10-1984)
5-3-5 COMMENTING:
A. Adoption By Reference: This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city hereby adopts the following sections by reference, as supplemented in this section:
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WAC |
197-11-500 |
Purpose of this part |
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197-11-502 |
Inviting comment |
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197-11-504 |
Availability and cost of environmental documents |
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197-11-508 |
SEPA register |
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197-11-510 |
Public notice |
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197-11-535 |
Public hearings and meetings |
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197-11-545 |
Effect of no comment |
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197-11-550 |
Specificity of comments |
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197-11-560 |
FEIS response to comments |
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197-11-570 |
Consulted agency costs to assist lead agency |
(Ord. 316, 12-10-1984; amd. 2006 Code)
B. Public Notice:
1. Whenever the city issues a DNS under Washington administrative code 197-11-340(2) or a DS under Washington administrative code 197-11-360(3), the city shall give public notice as follows:
a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
b. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.
c. Whenever the city issues a DS under Washington administrative code 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in Washington administrative code 197-11-408 and in the public notice.
2. Whenever the city issues a DEIS under Washington administrative code 197-11-455(5) or a SEIS under Washington administrative code 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license; and in addition one of the following methods:
a. Posting the property, for site specific proposals;
b. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
c. Notifying public or private groups which have express interest in a certain proposal or in the type of proposal being considered;
d. Notifying the news media;
e. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
f. Publishing notice and agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).
3. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.
4. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.
C. Designation Of City Official As Consulted Agency:
1. The mayor or his designee shall be responsible for the preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
2. The mayor or his designee shall be responsible for the city’s compliance with Washington administrative code 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. 316, 12-10-1984)
5-3-6 USING EXISTING ENVIRONMENTAL DOCUMENTS:
This section contains rules for using and supplementing existing environmental documents prepared under SEPA or national environmental policy act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:
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WAC |
197-11-600 |
When to use existing environmental documents |
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197-11-610 |
Use of NEPA documents |
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197-11-620 |
Supplemental environmental impact statement - procedures |
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197-11-625 |
Addenda - procedures |
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197-11-630 |
Adoption - procedures |
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197-11-635 |
Incorporation by reference - procedures |
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197-11-640 |
Combining documents |
(Ord. 316, 12-10-1984)
5-3-7 SEPA AND AGENCY DECISIONS:
A. Purpose; Adoption By Reference: This section contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
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WAC |
197-11-650 |
Purpose of this part |
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197-11-655 |
Implementation |
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197-11-660 |
Substantive authority and mitigation |
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197-11-680 |
Appeals |
B. Substantive Authority:
1. The policies and goals set forth in this section are supplementary to those in the existing authorization of the city.
2. The city may attach conditions to a permit or approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this resolution; and
b. Such conditions are in writing; and
c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
d. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
e. Such conditions are based on one or more policies in subsection B6 of this section and cited in the license or other decision document.
3. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and
b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
c. The denial is based on one or more policies identified in subsection B6 of this section and identified in writing in the decision document.
4. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section; and 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 trustee 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, and natural aspects of our national 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 wide sharing of life’s amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
5. 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. (Ord. 316, 12-10-1984)
6. The city adopts by reference all policies of the city in its existing codes, ordinances and resolutions, as now existing or hereafter amended, including, but not limited to: international building code, international fire code, international plumbing code, international mechanical code, floodplain management code, six (6) year transportation improvement program and comprehensive water plan. (Ord. 316, 12-10-1984; amd. 2006 Code)
7. The city council hereby elects to eliminate an appeal from the decision of a nonelected official as provided for by Revised Code of Washington 43.21C.060.
C. Notice; Statute Of Limitations:
1. The city, applicant for, or proponent of an action may publish a notice of action pursuant to Revised Code of Washington 43.21C.080 for any action.
2. The form of the notice shall be substantially in the form provided in Washington administrative code 197-11-990. The notice shall be published by the city clerk-treasurer, applicant or proponent pursuant to Revised Code of Washington 43.21C.080. (Ord. 316, 12-10-1984)
5-3-8 DEFINITIONS:
This section contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by Washington administrative code 173-806-040 and section 5-3-5 of this chapter:
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WAC |
197-11-700 |
Definitions |
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197-11-702 |
Act |
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197-11-704 |
Action |
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197-11-706 |
Addendum |
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197-11-708 |
Adoption |
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197-11-710 |
Affected tribe |
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197-11-712 |
Affecting |
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197-11-714 |
Agency |
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197-11-716 |
Applicant |
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197-11-718 |
Built environment |
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197-11-720 |
Categorical exemption |
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197-11-721 |
Closed record appeal |
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197-11-722 |
Consolidated appeal |
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197-11-724 |
Consulted agency |
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197-11-726 |
Cost-benefit analysis |
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197-11-728 |
County/city |
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197-11-730 |
Decision maker |
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197-11-732 |
Department |
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197-11-734 |
Determination of nonsignificance (DNS) |
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197-11-736 |
Determination of significance (DS) |
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197-11-738 |
EIS |
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197-11-740 |
Environment |
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197-11-742 |
Environmental checklist |
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197-11-744 |
Environmental document |
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197-11-746 |
Environmental review |
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197-11-750 |
Expanded scoping |
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197-11-752 |
Impacts |
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197-11-754 |
Incorporation by reference |
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197-11-756 |
Lands covered by water |
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197-11-758 |
Lead agency |
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197-11-760 |
License |
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197-11-762 |
Local agency |
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197-11-764 |
Major action |
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197-11-766 |
Mitigated DNS |
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197-11-768 |
Mitigation |
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197-11-770 |
Natural environment |
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197-11-772 |
NEPA |
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197-11-774 |
Nonproject |
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197-11-775 |
Open record hearing |
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197-11-776 |
Phased review |
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197-11-778 |
Preparation |
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197-11-780 |
Private project |
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197-11-782 |
Probable |
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197-11-784 |
Proposal |
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197-11-786 |
Reasonable alternative |
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197-11-788 |
Responsible official |
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197-11-790 |
SEPA |
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197-11-792 |
Scope |
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197-11-793 |
Scoping |
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197-11-794 |
Significant |
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197-11-796 |
State agency |
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197-11-797 |
Threshold determination |
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197-11-799 |
Underlying governmental action |
(Ord. 316, 12-10-1984; amd. 2006 Code)
5-3-9 CATEGORICAL EXEMPTIONS:
The city adopts by reference the following rules for categorical exemptions:
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WAC |
197-11-800 |
Categorical exemptions |
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197-11-880 |
Emergencies |
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197-11-890 |
Petitioning DOE to change exemptions |
(Ord. 316, 12-10-1984)
5-3-10 AGENCY COMPLIANCE:
A. Purpose; Adoption By Reference: This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with the 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 173-806-043 through 173-806-045 and this section:
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WAC |
197-11-900 |
Purpose of this part |
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197-11-902 |
Agency SEPA policies |
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197-11-916 |
Application to ongoing actions |
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197-11-920 |
Agencies with environmental expertise |
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197-11-922 |
Lead agency rules |
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197-11-924 |
Determining the lead agency |
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197-11-926 |
Lead agency for governmental proposals |
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197-11-928 |
Lead agency for public and private proposals |
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197-11-930 |
Lead agency for private projects with one agency with jurisdiction |
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197-11-932 |
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city |
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197-11-934 |
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies |
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197-11-936 |
Lead agency for private projects requiring licenses from more than one state agency |
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197-11-938 |
Lead agencies for specific proposals |
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197-11-940 |
Transfer of lead agency status to a state agency |
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197-11-942 |
Agreements on lead agency status |
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197-11-944 |
Agreements on division of lead agency duties |
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197-11-946 |
DOE resolution of lead agency disputes |
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197-11-948 |
Assumption of lead agency status |
B. Fees: The city shall require the following fees 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 as set forth in the city of Roy fee schedule 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 the fee. When the city completes the environmental checklist at the applicant’s request or under subsection B3 of this section, the city may charge and collect a reasonable fee from the applicant to cover the costs incurred by the city in preparing the environmental checklist. The responsible official shall advise the applicant of the projected costs for the preparation of the environmental checklist prior to actual preparation; the applicant shall deposit the amount set forth in the city of Roy fee schedule to ensure payment of such costs.
2. Environmental Impact Statement:
a. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that an EIS shall be prepared by the employees of the city, the city may charge and collect a reasonable fee from any applicant to cover the costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation; the applicant shall post a bond, or deposit cash or otherwise ensure payment of the projected 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 initiated by some persons or entity other than the city and shall bill such costs and expenses directly to the applicant. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. The city shall require the applicant to post a bond, deposit cash or otherwise ensure payment of the projected costs. Such consultants shall be selected by mutual agreement of the city and the 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 subsection B2a or B2b of this section 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 chapter relating to the applicant’s proposal.
4. The city shall not collect 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 chapter and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 316, 12-10-1984; Ord. 957, 11-27-2017)
5-3-11 FORMS:
The city adopts the following forms and sections by reference:
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WAC |
197-11-960 |
Environmental checklist |
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197-11-965 |
Adoption notice |
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197-11-970 |
Determination of nonsignificance (DNS) |
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197-11-980 |
Determination of significance and scoping notice (DS) |
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197-11-985 |
Notice of assumption of lead agency status |
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197-11-990 |
Notice of action |
(Ord. 316, 12-10-1984)