Chapter 18.04 ENVIRONMENTAL POLICY REGULATIONS

The City adopts the ordinance codified in this chapter pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. [Ord. 1475 § 2, 1984; 1956 Code § 1-1801.]

18.04.020 General requirements – Provisions adopted by reference.

The City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040 Definitions

197-11-050 Lead Agency

197-11-055 Timing of SEPA Process

197-11-060 Content of Environmental Revenue

197-11-070 Limitations on Action During SEPA Process

197-11-080 Incomplete or Unavailable Information

197-11-090 Supporting Documents

197-11-100 Information Required of Applicants

[Ord. 1475 § 2, 1984; 1956 Code § 1-1802.]

18.04.030 Additional definitions.

In addition to those 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 context indicates otherwise:

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

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

C. “Ordinance” means the ordinance, resolution or other procedure used by the City to adopt regulatory requirements.

D. “Early notice” means the City’s response to an applicant stating whether it considers issuance of a determination of significance (DS), likely for the applicant’s proposal/mitigated determination of nonsignificance (DNS) procedures. [Ord. 1475 § 2, 1984; 1956 Code § 1-1803.]

18.04.040 Designation of responsible official.

A. For those proposals for which the City is the lead agency, the responsible official shall be the Zoning/Code Enforcement Officer.

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 environmental impact statements (EIS), and perform any other functions assigned to the “lead agency” or to the “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

C. The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and shall make them available in accordance with Chapter 42.17 RCW.

D. Public information on SEPA can be obtained at the lead agency by contacting the Zoning/Code Enforcement Officer at the Sunnyside City Hall, Sunnyside, Washington, (509) 837-4229 or (509) 837-3997. [Ord. 1475 § 2, 1984; 1956 Code § 1-1811.]

18.04.050 Lead agency determination and responsibilities.

A. 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 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 the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C. When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the determination of nonsignificance or the final EIS of the lead agency in making decisions of the proposal. No City department shall prepare or require preparation of a determination of nonsignificance or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600.

D. If the City or any of its departments receive a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 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 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 Zoning/Code Enforcement Officer.

E. Departments of the City are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement, must approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. [Ord. 1475 § 2, 1984; 1956 Code § 1-1806.]

18.04.060 Transfer of lead agency status to a 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 City’s responsible official may elect to transfer the lead agency duties to a State agency. The State agency with jurisdiction appearing first on the priority list in WAC 197-11-936 shall be the lead agency and the City shall be the agency with jurisdiction. To transfer lead agency duties, the City’s 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 of the City shall also give notice of the transfer to the private applicant and any other agency with jurisdiction over the proposal. [Ord. 1475 § 2, 1984; 1956 Code § 1-1807.]

18.04.070 Time limits applicable to the SEPA process.

The following time limits, expressed in calendar days, shall apply when the City processes licenses for all private projects and those governmental proposals submitted to the City by other agencies.

A. Categorical Exemptions. The City shall identify whether an action is categorically exempt within seven days of receiving a completed application.

B. Threshold Determinations.

1. The City should 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 adequate application and completed checklist are submitted.

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

a. The City should request such further information within 15 days of receiving an adequate application and completed EIS;

b. The City shall wait no longer than 30 days for a consulted agency to respond;

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

3. When the City must facilitate further study, including field investigations, to obtain the information to make the threshold determination, the City should complete such study within 30 days of receiving an adequate application and a completed checklist.

4. The City shall complete threshold determinations on actions where the application recommends, in writing, that an EIS be prepared, because of the probable significance adverse EIS(s) described in the application, within 15 days of receiving an adequate application and completed checklist.

C. For nonexempt proposals, the determination of nonsignificance or draft EIS for the proposals shall accompany the City’s staff recommendation to any appropriate advisory body, such as the Planning Commission.

D. 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 an environmental review prior to submission of the detailed plans and specifications. [Ord. 1475 § 2, 1984; 1956 Code § 1-1804.]

18.04.080 Categorical exemptions and threshold determinations, provisions adopted by reference.

Regarding the rules for deciding whether a proposal has a “probable significant adverse environmental impact” requiring an EIS to be prepared, and the rules for evaluating the impacts of proposals not requiring an EIS, the City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-300 Purpose

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 Non-Significance

197-11-350 Mitigated Determinations of Non-Significance

197-11-360 Determinations of Significance/Initiation of Scoping

197-11-390 Effects of Threshold Determination

[Ord. 1475 § 2, 1984.]

18.04.090 Flexible thresholds for categorical exemptions.

A. The City establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based upon local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 20 dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 30,000 square feet;

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and up to 40 parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces;

5. For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 500 cubic yards.

B. Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, under WAC 197-11-800(1)(c). [Ord. 1475 § 2, 1984.]

18.04.100 Use of exemptions.

A. Upon receipt of an application for a license or a governmental proposal, the City shall determine whether the license and/or the proposal is exempt. The City’s determination of exemption shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply. The City shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not the proposal is exempt, the City shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the City shall determine the lead agency, even if the license application that triggers its consideration is exempt.

C. 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:

1. The City shall not give authorization for:

a. Any nonexempt action;

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

c. Any action that would limit the choice of alternatives;

2. The City 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

3. The City 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. [Ord. 1475 § 2, 1984; 1956 Code § 1-1805.]

18.04.110 Environmental checklist.

A. A complete environmental checklist, in the form approved by WAC 197-11-960, shall be filed at the same time as the application for a permit, license, certificate or other approval not specified exempt 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 making the threshold determination.

B. 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. [Ord. 1475 § 2, 1984; 1956 Code § 1-1808.]

18.04.120 Mitigated determinations of nonsignificance.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (DNS) based upon conditions attached to the proposal by the responsible official, or on changes to, or clarification of, the proposal by the applicant.

B. An applicant may request in writing early notice of whether a determination of significance (DS) is likely under WAC 197-11-350. The request must:

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

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

C. The responsible official should respond to the request for early notice within 10 working days. The response shall:

1. Be written;

2. State whether the City currently considers the issuance of a declaration of significance likely, and, if so, indicate the general or specific area(s) of concern that are leading the City to consider a declaration of significance; and

3. 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.

D. As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When the 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 and should make the determination within 15 days of receiving the changed or clarified proposal:

1. If the City indicates 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, the City shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2).

2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a declaration of nonsignificance, the City shall make a threshold determination, issuing a declaration of nonsignificance or a declaration of significance, as appropriate.

3. The applicant’s proposed mitigation measures must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibels” or “construction 200-foot storm water retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated declaration of nonsignificance may be incorporated in the declaration of nonsignificance by reference to agency staff reports, studies or other documents.

F. A mitigated declaration of nonsignificance is issued under WAC 197-11-340(2) requiring a 15-day comment period and public notice.

G. Mitigation measures incorporated in the mitigated declaration of nonsignificance 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.

H. If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated declaration of nonsignificance for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a).

I. The City’s written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussions of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarification or changes in its threshold determination. [Ord. 1475 § 2, 1984.]

18.04.130 Environmental impact statements – Provisions adopted by reference.

Regarding the rules for preparing environmental impact statements, the City adopts the following sections of Chapter 197-11 WAC, by reference:

WAC

197-11-400 Purpose of Environmental Impact Statements (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 Non-Project Proposal

197-11-443 EIS Contents When Prior Non-Project EIS

197-11-444 Elements of the Environment

197-11-450 Cost-Benefit Analysis

197-11-455 Issuance of Draft EIS

197-11-460 Issuance of Final EIS

[Ord. 1475 § 2, 1984; 1956 Code § 1-1809.]

18.04.140 Preparation of environmental impact statement – Additional considerations.

A. Preparation of draft and final environmental statements and supplemental environmental impact statements (SEIS) is the responsibility of the City 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 City staff, the applicant, or by a consultant consulted by the City or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the City 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 information the City does not possess, including specific investigations. [Ord. 1475 § 2, 1984; 1956 Code § 1-1809.]

18.04.150 Commenting, provisions adopted by reference.

Regarding the rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings, the City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-500 Purpose

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 Final EIS Response to Comments

197-11-570 Consulted Agency Costs to Assist Lead Agency

[Ord. 1475 § 2, 1984.]

18.04.160 Public notice.

A. Whenever the City issues a declaration of nonsignificance under WAC 197-11-340(2) or a declaration of significance under WAC 197-11-360(3), the City shall give public notice as follows:

1. If public notice is required for nonexempt license, the notice shall state whether a declaration of significance or declaration of nonsignificance has been issued and when comments are due.

2. If no public notice is required for the permit or approval, the City shall give notice of the declaration of nonsignificance or declaration of significance by:

a. Posting the property, for site-specific proposals; and/or

b. Publishing notice in a newspaper of general circulation in the County, City or general area where the proposal is located.

3. Whenever the City issues a declaration of significance under WAC 197-11-360(3) the City shall state the scoping procedure for the proposal in the declaration of significance as required in WAC 197-11-408.

B. Whenever the City issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-260, notice of the availability of those documents shall be given by:

1. Indicating the availability of the draft EIS in any public notice required for a nonexempt license; and

2. Posting the property, for site-specific proposals; and/or

3. Publishing notice in a newspaper of general circulation in the County, City or general area where the proposal is located.

C. 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.

D. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [Ord. 1475 § 2, 1984; 1956 Code § 1-1814.]

18.04.170 Designation of official to perform consulting agency responsibilities.

A. The City’s Zoning/Code Enforcement Officer 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 a draft EIS.

B. The Zoning/Code Enforcement Officer 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 fashion and include data from all appropriate departments of the City. [Ord. 1475 § 2, 1984; 1956 Code § 1-1810.]

18.04.180 Using existing environmental documents, provisions adopted by reference.

Regarding the rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act of 1969 (NEPA), for the City’s own environmental compliance, the City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-600 When to Use Existing Environmental Documents

197-11-610 Use of NEPA Documents

197-11-620 Supplemental EIS Statements – Procedures

197-11-625 Addenda – Procedures

197-11-630 Adoption – Procedures

197-11-635 Incorporation by Reference – Procedures

197-11-640 Combining Documents

[Ord. 1475 § 2, 1984.]

18.04.190 SEPA and agency decisions, provisions adopted by reference.

Regarding the rules and policies for the substantive authority of SEPA such as decisions to mitigate or reject proposals as a result of SEPA and procedures for appealing SEPA determinations to agencies or the courts, the City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-650 Purpose

197-11-655 Implementation

197-11-660 Substantive Authority and Mitigation

197-11-680 Appeals

197-11-700 Definitions

[Ord. 1475 § 2, 1984.]

18.04.200 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to the existing authority of the City.

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

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter;

2. Such conditions are set forth in writing;

3. The mitigation measures included in 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;

5. Such conditions are based on one or more policies in subsection (D) of this section in the license or other decision document.

C. 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 final supplemental EIS, prepared pursuant to this chapter;

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

3. The denial is based on one or more policies identified in subsection (D) of this section and identified in writing in the decision document.

D. The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section:

1. The City shall use all practical 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, whenever 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.

2. 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.

E. Except for permits and variances issued pursuant to the City code, when any proposal or action not requiring a decision of the City Council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the City Council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. The review by the City Council shall be done on a de novo basis. [Ord. 1475 § 2, 1984.]

18.04.210 Additional SEPA definitions – Provisions adopted by reference.

The City adopts the following sections of Chapter 197-11 WAC, by reference:

WAC

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 Non-Significance (DNS)

197-11-736 Determination of Significance (DS)

197-11-738 Environmental Impact Statement (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 Declaration of Non-Significance

197-11-768 Mitigation

197-11-770 Natural Environment

197-11-772 National Environmental Protection Agency

197-11-774 Non-Project

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 State Environmental Protection Agency

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. 1475 § 2, 1984; 1956 Code § 1-1812.]

18.04.220 Categorical exemptions – Provisions adopted by reference.

The City adopts by reference the following rules for categorical exemptions, the following sections of Chapter 197-11 WAC:

WAC

197-11-800 Categorical Exemptions

197-11-880 Emergencies

197-11-890 Petitioning the Department of Ecology (DOE) to Change Exemptions

[Ord. 1475 § 2, 1984; 1956 Code § 1-1805.]

18.04.230 Agency compliance – Provisions adopted by reference.

Regarding the 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 of Chapter 197-11 WAC by reference:

WAC

197-11-900 Purpose

197-11-902 Agency SEPA Policies

197-11-916 Applications to On-Going 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 Local Agencies, 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 Agency 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 Department of Ecology (DOE) Resolution of Lead Agency Disputes

197-11-948 Assumption of Lead Agency Status

[Ord. 1475 § 2, 1984.]

18.04.240 Fees.

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

A. Threshold Determinations. For every environmental checklist the City will review when it is the lead agency, the City shall collect a fee as specified in SMC 2.02.020 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.

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 the employees of the City, the City shall 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(s) of the projected costs for the EIS prior to actual preparation; the applicant(s) 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 with preparation of an EIS or a portion of the EIS for activities initiated by some persons or entities other than the City and may bill such costs and expenses directly to the applicant(s). Such consultants shall be selected by mutual agreement of the City and applicant(s), after a call for proposals. The City may require the applicant(s) to post bond or otherwise ensure payment of such costs.

3. 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 are paid.

C. The City may collect a reasonable fee from an applicant to cover the costs of meeting the public notice requirements of this chapter related to the applicant’s proposal.

D. The fee for filing an appeal of final threshold determinations and final environmental impact statements shall be as specified in SMC 2.02.020.

E. The City may charge any person for copies of any documents prepared under this chapter and for mailing the documents in a manner provided by Chapter 42.17 RCW. [Ord. 2172 § 1, 2007; Ord. 1680 § 1, 1989; Ord. 1475 § 2, 1984; 1956 Code § 1-1813.]

18.04.250 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected. [Ord. 1475 § 2, 1984; 1956 Code § 1-1815.]

18.04.260 Forms – Adopted by reference.

The City adopts the following forms and sections of Chapter 197-11 WAC by reference:

WAC

197-11-960 Environmental Checklist

197-11-965 Adoption Notice

197-11-970 Determination of Non-Significance (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. 1475 § 2, 1984; 1956 Code § 1-1802.]

Code reviser’s note: For statutory provisions authorizing cities to adopt State statutes and codes by reference, see RCW 35.21.180; for provisions requiring cities to adopt environmental regulations consistent with State guidelines, see RCW 43.21C.120(3).