Chapter 17.04
STATE ENVIRONMENTAL
POLICY ACT (SEPA)

Sections:

17.04.010    Authority.

17.04.020    Adopted by reference.

17.04.030    Additional definitions.

17.04.040    Designation of responsible official.

17.04.050    Lead agency determination and responsibilities.

17.04.060    Categorical exemptions and threshold determination – Adoption by reference.

17.04.070    Categorical exemptions and threshold determination – Time estimates.

17.04.080    Categorical exemptions – Adoption by reference.

17.04.100    Categorical exemptions – Determination.

17.04.110    Determination – Review at conceptual stage.

17.04.120    Threshold determinations – Environmental checklist.

17.04.130    Threshold determinations – Mitigated DNS.

17.04.140    Environmental impact statement (EIS) – Adoption by reference.

17.04.150    Preparation.

17.04.160    Commenting – Adoption by reference.

17.04.170    Public notice.

17.04.180    Designation of official to perform consulted agency responsibilities.

17.04.190    Using existing environmental documents – Adoption by reference.

17.04.200    SEPA decisions –Adoption by reference.

17.04.210    SEPA decisions – Nonexempt proposals.

17.04.220    SEPA decisions – Substantive authority.

17.04.230    SEPA – Policies.

17.04.240    Appeals.

17.04.250    Definitions – Adoption by reference.

17.04.270    Compliance with SEPA – Adoption by reference.

17.04.280    Environmentally sensitive areas.

17.04.290    Fees.

17.04.300    Forms – Adoption by reference.

17.04.010 Authority.

The city of Sultan adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. The city’s substantive policies for the enforcement of SEPA are contained in SMC 17.04.230. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 714-00)

17.04.020 Adopted by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-040    Definitions

197-11-050    Lead agency

197-11-055    Timing of the SEPA process

197-11-060    Content of environmental review

197-11-070    Limitations on actions during SEPA process

197-11-080    Incomplete or unavailable information

197-11-090    Supporting documents

197-11-100    Information required of applicants

(Ord. 714-00)

17.04.030 Additional definitions.

In addition to the definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise:

A. “Department” means any division or organizational unit of the city established by ordinance, rule, or order.

B. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Hearing examiner” means a person who shall not be an employee, elected official, or appointed official of the city. The hearing examiner shall be an advisor to the council. (Ord. 714-00)

17.04.040 Designation of responsible official.

A. For all proposals for which the city is lead agency, the responsible official shall be the planning director or such other person as designated in writing by the mayor.

B. For all proposals for which the city is lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules that have been adopted by reference. (Ord. 714-00)

17.04.050 Lead agency determination and responsibilities.

A. The responsible official or the city department initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 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.

B. 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 city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the city determines a supplemental environmental review is necessary under WAC 197-11-600.

C. If the responsible official, or any of the departments of the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, the city may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or the initiating department upon approval of the mayor or the city administrator.

D. The responsible official, with the approval of the mayor or the city administrator, is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

E. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction.

17.04.060 Categorical exemptions and threshold determination – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended by reference as supplemental in this chapter:

WAC

197-11-300    Purpose of this part

197-11-305    Categorical exemptions

197-11-310    Threshold determination required

197-11-315    Environmental checklist

197-11-330    Threshold determination process

197-11-335    Additional information

197-11-340    Determination of nonsignificance (DNS)

197-11-350    Mitigated DNS

197-11-360    Determination of significance (DS)/initiation of scoping

197-11-390    Effect of threshold determination

(Ord. 714-00)

17.04.070 Categorical exemptions and threshold determination – Time estimates.

The time estimates contained in this section apply when the city processes applications for private development and governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the purpose of this section the word “day” shall mean a day upon which the city’s administrative offices are open for business.

A. Categorical Exemptions. The city will identify whether an action is categorically exempt within 10 days of receiving a completed application.

B. Threshold Determinations.

1. The city will complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s completed application and checklist are submitted.

2. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction:

a. The city will request such information within 15 days of receiving the application and environmental checklist.

b. The city will wait no longer than 15 days for a consulted agency to respond.

c. The applicant shall have 180 days to submit additional information requested before the permit application expires.

d. The responsible official will complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information required to make the threshold determination, the city will complete the studies within 30 days of receiving the development application and environmental checklist.

4. The city will complete a threshold determination on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 days of receiving the complete application and environmental checklist.

5. The threshold determination may be extended to 15 days after receipt of the changed or clarified proposal, environmental checklist and/or permit application. (Ord. 714-00)

17.04.080 Categorical exemptions – Adoption by reference.

A. The city establishes and adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemental in this chapter:

WAC

197-11-800    Categorical exemptions

197-11-880    Emergencies

197-11-890    Petitioning DOE to change exemptions

The city establishes the exempt level of WAC 197-11-800 item (i)(b)(v): up to 350 cubic yards for any landfill or excavation throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice RCW 76.09.050 or regulations thereunder.

B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800 (1)(c). (Ord. 714-00)

17.04.100 Categorical exemptions – Determination.

A. When the city receives an application for a development permit or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the permit and/or the proposal is exempt. The 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 shall apply to the proposal.

B. In determining whether or not a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the permit required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the permit application is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions except that:

1. The city shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would compel authorization of the nonexemption or otherwise interfere with the ability to consider such other nonexempt action on its own merits.

2. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no material purpose.

3. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no material purpose. (Ord. 714-00)

17.04.110 Determination – Review at conceptual stage.

A. 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 specification, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specification.

B. In addition to the environmental documents an applicant shall submit the following information for early environmental review:

1. A copy of any permit or license application;

2. Other pertinent information as the responsible official may determine. (Ord. 714-00)

17.04.120 Threshold determinations – Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if the city and the applicant agree an EIS is required or SEPA compliance has already been completed.

C. For private proposals, the applicant is required to complete the environmental checklist. The city may, but shall not be required to provide assistance as necessary. For city proposals, the department initiating the proposal shall complete or cause to be completed the environmental checklist for that proposal.

D. The city may complete all or part of the environmental checklist for a private proposal, if any of the following occurs:

1. The city has technical information on a question or questions in the environmental checklist that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on a proposal currently under consideration.

E. The applicant shall pay to the city the actual costs of providing information under subsection D(2) of this section. (Ord. 714-00)

17.04.130 Threshold determinations – Mitigated DNS.

A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions relating to the proposal initiated by either the applicant, the responsible official, or on changes to or clarifications of the proposal made by the applicant.

B. An applicant may request in writing notice of whether a DS is likely. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the city’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for notice shall:

1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern leading to the consideration of a DS; and

2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarification.

D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal.

1. If the city requires specific mitigation measures in its response to the request for early notice, and the applicant changes or clarifies the proposal to include those specific mitigation measures, the city shall issue a determination of nonsignificance if the city also determines that no additional information or mitigation measures are required.

2. If the city indicates areas of concern, but does not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination and issue a DNS or DS as appropriate.

3. The applicants proposed mitigation measures, clarifications, changes, or conditions must be in writing and must be specific.

4. Mitigation measures that justify issuance of a mitigated DNS maybe incorporated in the DNS by reference to agency staff reports, studies, or other documents.

E. The city shall not act upon a proposal for which a mitigated DNS has been issued until 15 days after the date of issuance.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit and may be enforced in the same manner as any other term or condition. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit issued.

G. 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 WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

H. The city’s written response under subsection C of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 714-00)

17.04.140 Environmental impact statement (EIS) – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter:

WAC

197-11-400    Purpose of EIS

197-11-402    General requirements

197-11-405    EIS types

197-11-406    EIS timing

197-11-408    Scoping

197-11-410    Expanded scoping

197-11-420    EIS preparation

197-11-425    Style and size

197-11-430    Format

197-11-435    Cover letter or memo

197-11-440    EIS contents

197-11-442    Contents of EIS on nonproject proposals

197-11-443    EIS contents when prior nonproject EIS

197-11-444    Elements of the environment

197-11-448    Relationship of EIS to other consideration

197-11-450    Cost-benefit analysis

197-11-455    Issuance of DEIS

197-11-460    Issuance of HIS

(Ord. 714-00)

17.04.150 Preparation.

A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The draft and final EIS or SEIS shall be prepared by a consultant approved by the city. 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 draft and final EIS prior to distribution.

C. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions or regulation, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. (Ord. 714-00)

17.04.160 Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

WAC

197-11-500    Purpose of this part

197-11-502    Inviting comment

197-11-504    Availability and cost of environmental documents

197-11-508    SEPA register

197-11-535    Public hearings and meetings

197-11-545    Effect of no comment

197-11-550    Specificity of comments

197-11-560    FEIS response to comments

197-11-570    Consulted agency costs to assist lead agency

(Ord. 714-00)

17.04.170 Public notice.

Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents, and whether any public hearing will be held as follows:

A. Threshold Determination Notice. Public notice will be given on the following situations:

1. DNS involving another agency with jurisdiction;

2. DNS involving demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880;

3. DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions;

4. DNS under WAC 197-11-350(2), Early Notice;

5. DNS under WAC 197-11-350(3), Mitigated DNS;

6. DNS under WAC 197-11-360(4), Change from DS to DNS;

7. DS for scoping purposes;

8. Availability of a DEIS.

B. Type of Notice. Under subsection A of this section, notice will be given as follows:

1. Posting in accordance with Chapter 16.124 SMC; and

2. Publication in the SEPA register; and

3. Other methods as deemed necessary and appropriate by the responsible official or required by city ordinance.

C. Public Hearing. Whenever a public hearing is held, notice shall be given. Such notice shall precede the hearing by at least 10 calendar days.

D. Type of Notice. Under subsection C of this section, notice will be given as follows:

1. Posting of or near the property for site specific proposals;

2. Mailing to property owners within a 300 foot radius of the proposed site;

3. Posting in accordance with Chapter 16.82 SMC; and

4. Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a nonproject proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b). (Ord. 714-00)

17.04.180 Designation of official to perform consulted agency responsibilities.

A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 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 manner and include data from all appropriate departments of the city. (Ord. 714-00)

17.04.190 Using existing environmental documents – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-600    When to use existing environmental documents

197-11-610    Use of NEPA documents

197-11-620    Supplemental environmental impact statements

197-11-625    Addenda – Procedures

197-11-630    Adoption – Procedures

197-11-635    Incorporation by reference – Procedures

197-11-640    Combining documents

(Ord. 714-00)

17.04.200 SEPA decisions –Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-650    Purpose of this part

197-11-655    Implementation

197-11-660    Substantive authority and mitigation

197-11-680    Appeals

197-11-700    Definitions

(Ord. 714-00)

17.04.210 SEPA decisions – Nonexempt proposals.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city staff’s recommendation to the hearing examiner and/or the city council. (Ord. 714-00)

17.04.220 SEPA decisions – Substantive authority.

A. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter;

2. Such conditions are in writing;

3. Such conditions are reasonable and capable of being accomplished;

4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in SMC Title 16, Unified Development Code, and cited in the permit or other decision document.

B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS, or supplemental EIS;

2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in the city of Sultan comprehensive plan and identified in writing in the decision document refer to SMC 17.04.230. (Ord. 714-00)

17.04.230 SEPA – Policies.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city adopts by reference the policies in the following city codes, ordinances, resolutions, and plans, as now existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals.

1. Chapter 43.21C RCW, State Environmental Policy Act;

2. Six-Year Transportation Improvement Program;

3. Sultan Unified Development Code, SMC Title 16;

4. Sultan comprehensive plan;

5. Utility development plans. (Ord. 714-00)

17.04.240 Appeals.

A. Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a nonelected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. The review process shall provide for no more than one consolidated open record hearing an one closed record hearing appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing.

B. All appeals filed pursuant to this section must be filed in writing with the city planning director within 14 calendar days of the date of the decision appealed from.

C. On receipt of a timely written notice of appeal, the planning director shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council.

D. Appeals shall be governed by the procedures specified in the Sultan Municipal Code and the Unified Development Code.

E. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.

F. For any appeal under this section, the city shall provide a record that shall consist of the following:

1. The original application with SEPA documents;

2. Findings and conclusions with approval conditions if any;

3. Testimony under oath; and

4. Written transcript or minutes from the original hearing.

G. The city may require the applicant to provide an electronic transcript.

H. The city shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 714-00)

17.04.250 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-700    Definitions

197-11-702    Act

197-11-704    Action

197-11-706    Addendum

197-11-708    Adoption

197-11-710    Affected tribe

197-11-712    Affecting

197-11-714    Agency

197-11-716    Applicant

197-11-718    Built environment

197-11-720    Categorical exemption

197-11-722    Consolidated appeal

197-11-724    Consulted agency

197-11-726    Cost-benefit analysis

197-11-728    County/city

197-11-730    Decision maker

197-11-732    Department

197-11-734    Determination of nonsignificance (DNS)

197-11-736    Determination of significance (DS)

197-11-738    EIS

197-11-740    Environment

197-11-742    Environmental checklist

197-11-744    Environmental document

197-11-746    Environmental review

197-11-748    Environmentally sensitive area

197-11-750    Expanded scoping

197-11-752    Impacts

197-11-754    Incorporation by reference

197-11-756    Lands covered by water

197-11-758    Lead agency

197-11-760    License

197-11-762    Local agency

197-11-764    Major action

197-11-766    Mitigated DNS

197-11-768    Mitigation

197-11-770    Natural environment

197-11-772    NEPA

197-11-774    Nonproject

197-11-776    Phased review

197-11-778    Preparation

197-11-780    Private project

197-11-782    Probable

197-11-784    Proposal

197-11-786    Reasonable alternative

197-11-788    Responsible official

197-11-790    SEPA

197-11-792    Scope

197-11-793    Scoping

197-11-794    Significant

197-11-796    State agency

197-11-797    Threshold determination

197-11-799    Underlying governmental action

(Ord. 714-00)

17.04.270 Compliance with SEPA – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-900    Purpose of this part

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 agencies 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. 714-00)

17.04.280 Environmentally sensitive areas.

A. The environmental sensitive areas map as adopted in the Sultan comprehensive plan designating the location of environmentally sensitive areas within the city is adopted by reference. For each environmentally sensitive area, no exemption shall be applicable for that area (WAC 197-11-800).

B. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.

C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 714-00)

17.04.290 Fees.

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

A. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by city ordinance and listed in the Sultan fee schedule, from the applicant of the proposal prior to undertaking the threshold determination. This fee may be waived as provided herein. The time periods provided by this chapter from making a threshold determination shall not begin to run until the fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant’s request, an additional fee equal to the estimated actual cost of providing the assistance 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, including overhead, 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.

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 any person or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the city.

3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.

C. The city may collect a reasonable fee from an applicant to cover the cost of meeting any public notice requirements of this chapter relating to the applicant’s proposal.

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 and established by city ordinance. (Ord. 714-00)

17.04.300 Forms – Adoption by reference.

The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-960    Environmental checklist

197-11-965    Adoption notice

197-11-970    Determination of nonsignificance (DNS)

197-11-980    Determination of significance and scoping notice (DS)

197-11-985    Notice of assumption of lead agency status

197-11-990    Notice of action

(Ord. 714-00)