Chapter 16.05
STATE ENVIRONMENTAL POLICY ACT

Sections:

Article I. Authority

16.05.010  Adoption.

Article II. General Requirements

16.05.020  Adoption by reference.

16.05.030  Additional definitions.

16.05.040  Designation of responsible official.

16.05.050  Lead agency determination and responsibilities.

16.05.060  Transfer of lead agency status to a state agency.

16.05.070  Additional considerations in time limits applicable to SEPA process.

16.05.080  Additional timing considerations.

Article III. Categorical Exemptions and Threshold Determinations

16.05.090  Purpose and adoption by reference.

16.05.100  Exemption determinations – Use.

16.05.110  Environmental checklist.

16.05.120  Mitigated DNS.

Article IV. Environmental Impact Statement (EIS)

16.05.130  Purpose and adoption by reference.

16.05.140  Preparation of EIS – Additional considerations.

Article V. Commenting

16.05.150  Purpose and adoption by reference.

16.05.160  Public notice.

16.05.170  Designation of official to perform consulted agency responsibilities for the town.

Article VI. Using Environmental Documents

16.05.180  Purpose and adoption by reference.

Article VII. SEPA and Agency Decisions

16.05.190  Purpose and adoption by reference.

16.05.200  Substantive authority.

16.05.210  Notice of action.

Article VIII. Definitions

16.05.220  Purpose and adoption by reference.

Article IX. Categorical Exemptions

16.05.230  Adoption by reference.

Article X. Agency Compliance

16.05.240  Purpose and adoption by reference.

16.05.250  Fees.

Article XI. Forms

16.05.260  Adoption by reference.

Prior legislation: Ord. 210.

Article I. Authority

16.05.010 Adoption.

(1) The town of Twisp adopts this title under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and SEPA rules, WAC 197-11-904.

(2) This chapter contains this town's SEPA procedures and policies.

(3) The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 294 Pt. 1 § 1, 1984)

Article II. General Requirements

16.05.020 Adoption by reference.

The town 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 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. 294 Pt. 2 § 1, 1984)

16.05.030 Additional definitions.

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

(1) “Department” means any division, subdivision or organizational unit of the town established by ordinance, rule, or order.

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

(3) “Ordinance” means the ordinance, resolution, or other procedure used by the town to adopt regulatory requirements.

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

(5) “Town” means the town of Twisp, Washington. (Ord. 294 Pt. 2 § 2, 1984)

16.05.040 Designation of responsible official.

(1) For those proposals for which the town is the lead agency, the responsible official shall be the mayor or his designee.

(2) For all proposals for which the town is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS) and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

(3) The town 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. 294 Pt. 2 § 3, 1984)

16.05.050 Lead agency determination and responsibilities.

(1) The department within the town 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.

(2) When the town 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.

(3) When the town is not the lead agency for a proposal, all departments of the town shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No town 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 town may conduct supplemental environmental review under WAC 197-11-600.

(4) If the town or any of its departments receives 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 town 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-county may be initiated by the mayor.

(5) Departments of the town 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 approve the agreement.

(6) 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. 294 Pt. 2 § 4, 1984)

16.05.060 Transfer of lead agency status to a state agency.

For any proposal for a private project where the town would be the lead agency and for which one or more state agencies have jurisdiction, the town'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 listing in WAC 197-11-936 shall be the lead agency and the town shall be an agency with jurisdiction. To transfer lead agency duties, the town'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 town shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 294 Pt. 2 § 5, 1984)

16.05.070 Additional considerations in time limits applicable to SEPA process.

The following time limits shall apply when the town processes licenses for all private projects and those governmental proposals submitted to the town by other agencies:

(1) Categorical Exemptions. The town shall identify whether an action is categorically exempt within 15 days of receiving a completed application.

(2) Threshold Determinations.

(a) The town 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.

(b) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:

(i) The town should request such further information within 15 days of receiving an adequate application and completed environmental checklist;

(ii) The town shall wait no longer than 30 days for consulted agency to respond;

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

(c) When the town must initiate further studies, including field investigation, to obtain the information to make the threshold determination, the town should complete the studies within 30 days of receiving an adequate application and a completed checklist.

(d) The town 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 15 days of receiving an adequate application and completed checklist. (Ord. 294 Pt. 2 § 6, 1984)

16.05.080 Additional timing considerations.

(1) For nonexempt proposals the DNS or DEIS for the proposal shall accompany the town's staff recommendation to any appropriate advisory body, such as the planning commission.

(2) The town'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 town conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 294 Pt. 2 § 7, 1984)

Article III. Categorical Exemptions and Threshold Determinations

16.05.090 Purpose and adoption by reference.

This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The town adopts the following sections by reference, as supplemented in this article.

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. 294 Pt. 3 § 1, 1984)

16.05.100 Exemption determinations – Use.

(1) Each department within the town that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The town shall not require completion of an environmental checklist for an exempt proposal.

(2) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (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.

(3) If a proposal includes both exempt and nonexempt actions, the town may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that there shall be full compliance with the provisions of WAC 197-11-070 in all cases. (Ord. 294 Pt. 3 § 2, 1984)

16.05.110 Environmental checklist.

(1) 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 town and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The town shall use the environmental checklist to determine the lead agency and, if the town is the lead agency, for determining the responsible official and for making the threshold determination.

(2) For private proposals, the town/county will require the applicant to complete the environmental checklist, providing assistance as necessary. For town/county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) The town/county may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

(a) The town/county has technical information on a question or questions that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 294 Pt. 3 § 3, 1984)

16.05.120 Mitigated DNS.

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

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

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

(b) Precede the town's actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 15 working days. The response shall:

(a) Be written;

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

(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(4) As much as possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town 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:

(a) If the town 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 town shall issue and circulate a DNS under WAC 197-11-340(2).

(b) If the town indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the town shall make the threshold determination, issuing a DNS or DS as appropriate.

(c) The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

(6) Mitigated DNSs issued under WAC 197-11-340(2) require a 15-day comment period and public notice.

(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the town.

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

(9) The town's written response under subsection (3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the town to consider the clarifications or changes in its threshold determination. (Ord. 294 Pt. 3 § 4, 1984)

Article IV. Environmental Impact Statement (EIS)

16.05.130 Purpose and adoption by reference.

This article contains the rules for preparing environmental impact statements. The town adopts the following sections by reference, as supplemented by this article:

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

197-11-420 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 Contests 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 considerations

197-11-450 Cost-benefit analysis

197-11-455 Issuance of DEIS

197-11-460 Issuance of FEIS

(Ord. 294 Pt. 4 § 1, 1984)

16.05.140 Preparation of EIS – Additional considerations.

(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the town under the direction of the responsible official. Before the town issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(2) The DEIS and FEIS or draft and final SEIS shall be prepared by town staff, the applicant, or by a consultant selected by the town or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the town 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 town's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3) The town may require an applicant to provide information the town 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 town may request under another ordinance or statute). (Ord. 294 Pt. 4 § 2, 1984)

Article V. Commenting

16.05.150 Purpose and adoption by reference.

This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The town adopts the following sections by reference, as supplemented in this article:

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. 294 Pt. 4 § 3, 1984)

16.05.160 Public notice.

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

(a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

(b) If no public notice is required for the permit or approval, the town shall give notice of the DNS or DS by one of the following:

(i) Posting the property for site-specific proposals;

(ii) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located;

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas).

(c) Whenever the town issues a DS under WAC 197-11-360(3), the town shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

(2) Whenever the town issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license, and by any one of the following:

(a) Posting the property for site-specific proposals;

(b) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located;

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

(d) Notifying the news media;

(e) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

(f) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

(3) Whenever possible, the town shall integrate the public notice required under this section with existing notice procedures for the town's nonexempt permit(s) or approval(s) required for the proposal.

(4) The town may require an applicant to complete the public notice requirements for the applicant's proposal at his/her expense. (Ord. 294 Pt. 4 § 4, 1984)

16.05.170 Designation of official to perform consulted agency responsibilities for the town.

(1) The mayor or his designee shall be responsible for preparation of written comments for the town in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) The mayor shall be responsible for the town's compliance with WAC 197-11-550 whenever the town 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 town. (Ord. 294 Pt. 4 § 5, 1984)

Article VI. Using Environmental Documents

16.05.180 Purpose and adoption by reference.

This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the town's own environmental compliance. The town adopts the following sections 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 statement – Procedures

197-11-625 Addenda – Procedures

197-11-630 Adoption – Procedures

197-11-635 Incorporation by reference – Procedures

197-11-640 Combining documents

(Ord. 294 Pt. 6, 1984)

Article VII. SEPA and Agency Decisions

16.05.190 Purpose and adoption by reference.

This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The town/county adopts the following sections 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

(Ord. 294 Pt. 6 § 1, 1984)

16.05.200 Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in existing authorization of the town of Twisp.

(2) The town may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(b) Such conditions are in writing; and

(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

(d) The town has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.

(3) The town may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The town designates and adopts by reference the following policies as the basis for the town's exercise of authority pursuant to this section:

(a) The town 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:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The town 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.

(5) When any proposal or action not requiring a decision of the town council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town 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. Review by the town council shall be on a de novo basis. (Ord. 294 Pt. 6 § 2, 1984)

16.05.210 Notice of action.

(1) The town applicant for, or proponent of, an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the town clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 294 Pt. 6 § 3, 1984)

Article VIII. Definitions

16.05.220 Purpose and adoption by reference.

This article contains uniform usage and definitions of terms under SEPA. The town adopts the following sections by reference, as supplemented by WAC 173-806-040:

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. 294 Pt. 8, 1984)

Article IX. Categorical Exemptions

16.05.230 Adoption by reference.

The town adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), 173-806-080 (use of exemptions), and 173-806-190 (environmentally sensitive areas):

WAC

197-11-800 Categorical exemptions

197-11-880 Emergencies

197-11-890 Petitioning DOE to change exemptions

(Ord. 294 Pt. 9 § 1, 1984)

Article X. Agency Compliance

16.05.240 Purpose and adoption by reference.

This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The town adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this article:

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. 294 Pt. 10 § 1, 1984)

16.05.250 Fees.

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

(1) Threshold Determination. For every environmental checklist the town will review when it is lead agency, the town shall collect a fee of $50.00 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.

(2) Environmental Impact Statement.

(a) When the town 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 town, the town may charge and collect a reasonable fee from any applicant to cover costs incurred by the town 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.

(b) The responsible official may determine that the town 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 town and may bill such costs and expenses directly to the applicant. The town may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the town and applicant after a call for proposals.

(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (2)(b) of this section which remain after incurred costs are paid.

(3) The town may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal.

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

(5) The town 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. 294 Pt. 10 § 2, 1984)

Article XI. Forms

16.05.260 Adoption by reference.

The town adopts the following forms and sections 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. 294 Pt. 11 § 1, 1984)