Chapter 16.04


16.04.010    Authority.

16.04.020    Adoption by reference.

16.04.030    Additional definitions.

16.04.040    Time limits applicable to the SEPA process.

16.04.050    Additional timing considerations.

16.04.053    Categorical exemptions without flexible thresholds.

16.04.055    Flexible thresholds for categorical exemptions.

16.04.060    Use of exemptions.

16.04.070    Lead agency determination and responsibilities.

16.04.080    Environmental checklist.

16.04.090    Mitigated DNS.

16.04.100    Preparation of EIS – Additional considerations.

16.04.110    Additional elements to be covered in EIS.

16.04.120    Public notice.

16.04.130    Designation of official to perform consulted agency responsibilities.

16.04.140    Lead agency – Designation of responsible official.

16.04.150    Substantive authority.

16.04.160    Appeals.

16.04.170    Critical areas.

16.04.180    Responsibility of agencies – SEPA public information.

16.04.190    Fees.

16.04.200    Notice – Statute of limitations.

16.04.010 Authority.

The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.

(Ord. 1007, Added, 09/18/1984)

16.04.020 Adoption by reference.

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

WAC 197-11-

Part 2 – General Requirements

        040 Definitions

        050 Lead Agency

        055 Timing of the SEPA Process

        060 Content of Environmental Review

        070 Limitations on Actions during SEPA Process

        080 Incomplete or Unavailable Information

        090 Supporting Documents

        100 Information Required of Applicants

        158 SEPA/GMA Project Review – Reliance on Existing Plans, Laws, and Regulations

        164 Planned Actions – Definition and Criteria

        168 Ordinances or Resolutions Designating Planned Actions – Procedures for Adoption

        172 Planned Actions – Project Review

        210 SEPA/GMA Integration

        220 SEPA/GMA Definitions

        228 Overall SEPA/GMA Integration Procedures

        230 Timing of an Integrated GMA/SEPA Process

        232 SEPA/GMA Integration Procedures for Preliminary Planning, Environmental Analysis, and Expanded Scoping

        235 SEPA/GMA Integration Documents

Part 3 – Categorical Exemptions and Threshold Determination

        300 Purpose of this Part

        305 Categorical Exemptions

        310 Threshold Determination Required

        315 Environmental Checklist

        330 Threshold Determination Process

        335 Additional Information

        340 Determination of Nonsignificance (DNS)

        350 Mitigated DNS

        355 Optional DNS Process

        360 Determination of Significance (DS)/Initiation of Scoping

        390 Effect of Threshold Determination

Part 4 – Environmental Impact Statement (EIS)

        400 Purpose of EIS

        402 General Requirements

        405 EIS Types

        406 EIS Timing

        408 Scoping

        410 Expanded Scoping

        420 EIS Preparation

        425 Style and Size

        430 Format

        435 Cover Letter or Memo

        440 EIS Contents

        442 Contents of EIS on Nonproject Proposals

        443 EIS Contents When Prior Nonproject EIS

        444 Elements of the Environment

        448 Relationship of EIS to Other Considerations

        450 Cost-benefit Analysis

        455 Issuance of DEIS

        460 Issuance of FEIS

Part 5 – Commenting

        500 Purpose of this Part

        502 Inviting Comment

        504 Availability and Cost of Environmental Documents

        508 SEPA Register

        535 Public Hearings and Meetings

        545 Effect of No Comment

        550 Specificity of Comments

        560 FEIS Response to Comments

        570 Consulted Agency Costs to Assist Lead Agency

Part 6 – Using Existing Environmental Documents

        600 When to Use Existing Environmental Documents

        610 Use of NEPA Documents

        620 Supplemental Environmental Impact Statement – Procedures

        625 Addenda – Procedures

        630 Adoption – Procedures

        635 Incorporation by Reference – Procedures

        640 Combining Documents

Part 7 – SEPA and Agency Decisions

        650 Purpose of this Part

        655 Implementation

        660 Substantive Authority and Mitigation

        680 Appeals

Part 8 – Definitions

        700 Definitions

        702 Act

        704 Action

        706 Addendum

        708 Adoption

        710 Affected Tribe

        712 Affecting

        714 Agency

        716 Applicant

        718 Built Environment

        720 Categorical Exemption

        722 Consolidated Appeal

        724 Consulted Agency

        726 Cost-benefit Analysis

        728 County/City

        730 Decision maker

        732 Department

        734 Determination of Nonsignificance (DNS)

        736 Determination of Significance (DS)

        738 EIS

        740 Environment

        742 Environmental Checklist

        744 Environmental Document

        746 Environmental Review

        750 Expanded Scoping

        752 Impacts

        754 Incorporation by Reference

        756 Lands Covered by Water

        758 Lead Agency

        760 License

        762 Local Agency

        764 Major Action

        766 Mitigated DNS

        768 Mitigation

        770 Natural Environment

        772 NEPA

        774 Nonproject

        776 Phased Review

        778 Preparation

        780 Private Project

        782 Probable

        784 Proposal

        786 Reasonable Alternative

        788 Responsible Official

        790 SEPA

        792 Scope

        793 Scoping

        794 Significant

        796 State Agency

        797 Threshold Determination

        799 Underlying Governmental Action

Part 9 – Categorical Exemptions

        800 Categorical Exemptions

        880 Emergencies

        890 Petitioning DOE to Change Exemptions

Part 10 – Agency Compliance

        900 Purpose of this Part

        902 Agency SEPA Policies

        908 Critical Areas

        916 Application to Ongoing Actions

        920 Agencies with Environmental Expertise

        922 Lead Agency Rules

        924 Determining the Lead Agency

        926 Lead Agency for Governmental Proposals

        928 Lead Agency for Public and Private Proposals

        930 Lead Agency for Private Projects with One Agency with Jurisdiction

        932 Lead Agency for Private Projects Requiring Licenses from More than One Agency, when One of the Agencies is a County/City

        934 Lead Agency for Private Projects Requiring Licenses from a Local Agency, not a County/City, and One or More State Agencies

        936 Lead Agency for Private Projects Requiring Licenses from More than One State Agency

        938 Lead Agencies for Specific Proposals

        940 Transfer of Lead Agency Status to a State Agency

        942 Agreements on Lead Agency Status

        944 Agreements on Division of Lead Agency Duties

        946 DOE Resolution of Lead Agency Disputes

        948 Assumption of Lead Agency Status

Part 11 – Forms

        960 Environmental Checklist

        965 Adoption Notice

        970 Determination of Nonsignificance (DNS)

        980 Determination of Significance and Scoping Notice (DS)

        985 Notice of Assumption of Lead Agency Status

        990 Notice of Action

(Ord. O2017-008, Amended, 09/05/2017; Ord. O96-008, Amended, 11/05/1996; Ord. 1007, Added, 09/18/1984)

16.04.030 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.    “Aggrieved person” means any citizen of the city of Tumwater, any other person owning property within three hundred feet of the proposal, or any public agency adversely affected by the proposal.

B.    “City” means the city of Tumwater, Washington.

C.    “Department” means the community development department.

D.    “Director” means the community development department director or his/her designee.

E.    “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures).

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

G.    “Responsible official” means the community development director or his/her designee.

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

(Amended during 2011 reformat; O2011-002, Amended, 03/01/2011; Ord. O96-008, Amended, 11/05/1996; Ord. 1007, Added, 09/18/1984)

16.04.040 Time limits applicable to the SEPA process.

The following time limits expressed in calendar days shall apply when the city processes license and project permit applications 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 calendar days of receiving a completed application.

B.    Threshold Determination.

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

a.    The city should request such further information as soon as possible, but in any event within twenty-eight calendar days of receiving an adequate application and environmental checklist;

b.    The consulted agency shall have a maximum of thirty calendar days from the date of mailing of the notice to respond.

2.    When a notice of application is required or provided regarding the subject action, a final determination of nonsignificance shall not be issued prior to expiration of the public comment period.

3.    When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within thirty calendar days of receiving an adequate application and a completed checklist.

4.    The city shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen calendar days of receiving an adequate application and completed checklist.

C.    Draft EIS. After applicant submits or resubmits a preliminary draft EIS to the responsible official, the responsible official shall either distribute the approved draft EIS for review or request the applicant to resubmit the preliminary draft with additional information or substance.

D.    Final EIS. Distribution of a final EIS shall be done within sixty days of the last day set by the responsible official for review of the draft EIS, unless the proposal is unusually large in scope, the environmental impact associated with the proposal is unusually complex, or extensive modifications are required to respond to public comments.

(Ord. O96-008, Amended, 11/05/1996; Ord. 1237, Amended, 08/21/1990; Ord. 1007, Added, 09/18/1984)

16.04.050 Additional timing considerations.

After being issued, the DNS, MDNS or EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory or decision-making body or official.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)

16.04.053 Categorical exemptions without flexible thresholds.

Actions listed in WAC 197-11-800(1) through (27), except as provided for in TMC 16.04.055, that do not have flexible thresholds are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305.

(Ord. O2017-008, Added, 09/05/2017)

16.04.055 Flexible thresholds for categorical exemptions.

The city establishes the following exempt levels for minor new construction under WAC 197-11-800:

A.    The construction or location of up to nine single-family dwelling units;

B.    The construction or location of up to sixty multifamily dwelling units;

C.    The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering twenty thousand square feet or less, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;

D.    The construction of an office, school, commercial, recreational, service or storage building with ten thousand square feet of gross floor area or less, and with associated parking facilities designed for thirty or fewer automobiles;

E.    Parking lots for thirty or fewer automobiles not associated with a structure;

F.    Any fill or excavation of two hundred fifty cubic yards or less throughout the total lifetime of the fill or excavation and any excavation, fill or grading necessary for an exempt project in subsections A, B, C, D, and E of this section shall be exempt.

(Ord. O2019-022, Amended, 11/19/2019; Ord. O2017-008, Added, 09/05/2017)

16.04.060 Use of exemptions.

A.    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.

B.    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 (WAC 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.

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; or

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

2.    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.

3.    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.

D.    The determination of whether a proposal is categorically exempt shall be made by the responsible official.

(Ord. O2017-008, Amended, 09/05/2017; Ord. 1007, Added, 09/18/1984)

16.04.070 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 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 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 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 receives a lead agency determination made by another agency that appears consistent 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 fifteen 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 fifteen-day time period. Any such petition on behalf of the city may be initiated by the responsible official.

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 (that is, which agencies require nonexempt licenses).

(Ord. 1007, Added, 09/18/1984)

16.04.080 Environmental checklist.

A.    A completed environmental checklist (or a copy), in the form provided in WAC 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 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. 1007, Added, 09/18/1984)

16.04.090 Mitigated DNS.

A.    As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (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.

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

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

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

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

1.    Be written;

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

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 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 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, 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 DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3.    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 two-hundred-square-foot stormwater retention pond at Y location” are adequate provided sufficient preliminary design data has been included to indicate the proposed mitigation will mitigate the environmental impacts.

4.    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.

F.    A mitigated DNS is issued under WAC 197-11-340(2), requiring a fifteen-day comment period and public notice.

G.    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.

H.    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) (withdrawal of DNS).

I.    The city’s written response under subsection B of this section shall not be construed as a 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. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)

16.04.100 Preparation of EIS – Additional considerations.

A.    Preparation of draft and final EISs and SEISs is the responsibility of the community development department 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 EISs or SEISs 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 draft and final EISs prior to distribution.

C.    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. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)

16.04.110 Additional elements to be covered in EIS.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determination or perform any other function or purpose under this chapter:

A.    Economy;

B.    Community policy analysis.

(Ord. 1007, Added, 09/18/1984)

16.04.120 Public notice.

A.    Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

1.    If a public hearing has been scheduled on the subject action, notice of the threshold determination shall be combined with notice of such hearing.

2.    If no public hearing is required for the proposed action, or if the public hearing notice will not be issued prior to expiration of the comment period for a DS or DNS, the city shall give notice of the DNS or DS by:

a.    Requiring the applicant to post the specific site, if any, in accordance with specifications provided by the community development department;

b.    Providing notice to all record owners of property within three hundred feet of such site. The director may extend notification beyond three hundred feet in cases where the area notified does not provide adequate notice to neighbors affected by the pending action;

c.    Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and

d.    Publication in a newspaper of general circulation in the city.

3.    Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS 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 197-11-620, notice of the availability of those documents shall be given by (1) indicating the availability of the DEIS in any public notice required for a nonexempt license; and (2) the methods noted in subsection A of this section.

C.    Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for 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 the applicant’s expense.

(Ord. O2018-007, Amended, 10/16/2018; Ord. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)

16.04.130 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, or reviewing a draft EIS.

B.    This person 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. 1007, Added, 04/16/1984)

16.04.140 Lead agency – Designation of responsible official.

A.    For those proposals for which the city is the lead agency, the responsible official shall be the Tumwater community development department director.

B.    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 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 WAC 173-806-020.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)

16.04.150 Substantive authority.

A.    The policies and goals set forth in this chapter are supplementary to those outlined in state law.

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 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 and cited 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 bases for the city’s exercise of authority pursuant to this section:

1.    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, healthy, productive, and aesthetically and culturally pleasing surroundings;

c.    Attain the widest range of beneficial uses of the environment without degradation, risk of 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;

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 healthy environment that contributes to the preservation and enhancement of the environment.

3.    The city adopts by reference the policies contained in the city codes, ordinances, resolutions, regulations and plans, including but not limited to:

a.    Comprehensive plan;

b.    Six-year street program;

c.    Thurston regional transportation plan;

d.    Zoning ordinance;

e.    Building code and related construction codes;

f.    Comprehensive water plan;

g.    Land division (TMC Title 17);

h.    Stormwater comprehensive plan;

i.    Percival Creek comprehensive drainage basin plan;

j.    Comprehensive sewer plan;

k.    Tree protection ordinance;

l.    Aquifer protection standards ordinance;

m.    Geologically hazardous areas ordinance;

n.    Fish and wildlife habitat protection ordinance;

o.    Wetland protection standards ordinance;

p.    Tumwater development guide;

q.    Tumwater wellhead protection ordinance;

r.    Shoreline master program.

(Ord. O2017-008, Amended, 09/05/2017; Ord. O2010-017, Amended, 12/21/2010; Ord. O2004-027; Amended, 01/04/2005; Ord. O97-028, Amended, 04/21/1998; Ord. O95-002, Amended, 04/18/1995; Ord. 1283, Amended, 08/20/1991; Ord. 1282, Amended, 08/20/1991; Ord. 1281, Amended, 08/20/1991; Ord. 1278, Amended, 08/20/1991; Ord. 1223, Amended, 06/05/1990; Ord. 1190, Amended, 05/16/1987; Ord. 1007, Added, 09/18/1984)

16.04.160 Appeals.

A.    The following administrative appeal procedures are established under RCW 43.21C.075 and WAC 197-11-680:

1.    Any agency or person may appeal to the hearing examiner, pursuant to TMC Chapter 2.58, the conditioning, lack of conditioning or denial of an action pursuant to Chapter 197-11 WAC. When such conditioning, lack of conditioning or denial of action is attached to a recommendation of the director or the development review committee to the hearing examiner regarding a land use application, no appeal shall be necessary for consideration and revision of such conditions, lack of conditioning, or denial by the hearing examiner.

2.    The responsible official’s initial decision to require or not require preparation of an environmental impact statement, i.e., to issue a determination of significance or nonsignificance, is subject to an intermediary administrative appeal upon notice of such initial decision. Failure to appeal such determination within fourteen calendar days of notice of such initial decision shall constitute a waiver of any claim of error.

3.    All appeals shall be in writing, be signed by the appellant, be accompanied by the appropriate filing fee, and set forth the specific basis for such appeal, error alleged and relief requested. Any appeal must be filed within six calendar days of the SEPA determination being final. Where there is an underlying governmental action requiring review by the hearing examiner, any appeal and the action shall be considered together. Where there is an underlying permit decision to be made by city staff, any appeal periods shall conclude simultaneously.

4.    For any appeal under this subsection, the city shall keep a record of the appeal proceedings which shall consist of the following:

a.    Findings and conclusions;

b.    Testimony under oath; and

c.    A taped or written transcript of any hearing.

5.    Any procedural determination by the city’s responsible official shall be given substantial weight in any appeal proceeding.

B.    The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1259, Amended, 11/06/1990; Ord. 1147, Amended, 12/15/1987; Ord. 1007, Added, 09/18/1984)

16.04.170 Critical areas.

The city of Tumwater conservation plan identifies and sets forth policy to protect critical areas. Critical areas include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Critical areas regulations are contained in this title. Environmental review of actions within these areas shall be in accordance with WAC 197-11-908. All critical areas shall be designated using best available science (BAS) in accordance with WAC 365-190-080.

(Ord. O2016-024, Amended, 03/21/2017; Ord. O99-001, Amended, 04/20/1999; Ord. 1007, Added, 09/18/1984)

16.04.180 Responsibility of agencies – SEPA public information.

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

(Ord. 1007, Added, 09/18/1984)

16.04.190 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 will review when it is lead agency, the city shall collect a fee as established by resolution of the city council 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.    The fee for submittal of a draft EIS for approval and distribution by the responsible official shall be as established by resolution of the city council. Distribution of the DEIS submitted by the applicant shall not occur until payment of this fee is made.

2.    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 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 shall post bond or otherwise ensure payment of such costs.

3.    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 may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. The city may require the applicant to post bond or otherwise ensure payment of such costs.

4.    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) and (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 cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D.    The city shall not collect a fee for performing its duties as a consulted agency.

E.    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. 1147, Amended, 12/15/1987; Ord. 1007, Added, 09/18/1984)

16.04.200 Notice – Statute of limitations.

A.    The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 of any action.

B.    The city shall publish a notice for any city project pursuant to RCW 43.21C.080.

C.    The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city, applicant or proponent pursuant to RCW 43.21C.080.

(Ord. 1007, Added, 09/18/1984)