Chapter 18.04 ENVIRONMENTAL POLICY

This chapter is adopted under the authority of the State Environmental Policy Act (“SEPA”), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies. (Ord. 2005-609 § 2)

18.04.020 Purpose.

The purpose of this chapter is to adopt the uniform requirements of Chapter 197-11 WAC and to establish specific local procedures and policies where appropriate in order to perform environmental review and comply with SEPA. (Ord. 2005-609 § 2)

18.04.030 Conflicts.

A. The SEPA rules contained in Chapter 197-11 WAC, as adopted by reference herein, shall be used in conjunction with this chapter; provided, that any conflict between the express provisions of this chapter and Chapter 197-11 WAC shall be resolved in favor of the express provisions of this chapter.

B. Any irreconcilable conflict between this chapter, Chapter 197-11 WAC, and/or Chapter 43.21C RCW shall be resolved in favor of the provision that is most protective of the environment. (Ord. 2005-609 § 2)

18.04.040 Definitions.

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

WAC

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-721 Closed record appeal.

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.

197-11-750 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.

197-11-775 Open record hearing.

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.

B. 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:

1. “Department” means the department of community development unless another division, subdivision or organizational unit of the city is indicated by the context.

2. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology and as subsequently amended. (Ord. 2005-609 § 2)

18.04.050 Consolidated review.

Except as otherwise exempted, environmental review under this chapter and development proposal review under MCMC Titles 14 to 18 shall be consolidated as specified in MCMC 14.05.010. (Ord. 2005-609 § 2)

18.04.060 General requirements – Adoption by reference.

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

WAC

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.

197-11-158 GMA project review – Reliance on existing plans, laws, and regulations.

197-11-902 Agency SEPA policies.

(Ord. 2005-609 § 2)

18.04.070 Planned actions.

A. Planned actions allowed under this chapter shall comply with Chapter 14.17 MCMC.

B. Except as modified by Chapter 14.17 MCMC, the city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

WAC

197-11-164 Planned actions – Definitions and criteria.

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172 Planned actions – Project review.

(Ord. 2005-609 § 2)

18.04.080 Integration with the Model Toxics Control Act.

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

WAC

197-11-250 SEPA/Model Toxics Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial action.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

(Ord. 2005-609 § 2)

18.04.090 Designation of responsible official.

A. For those proposals for which the city is a lead agency, the responsible official shall be the director of community development or such other person as the director of community development may designate.

B. For all proposals for which the city is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform all other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that have been adopted by reference. (Ord. 2005-609 § 2)

18.04.100 Lead agency determination and responsibilities – Adoption by reference.

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

WAC

197-11-050 Lead agency.

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. 2005-609 § 2)

18.04.110 Categorical exemptions – Adoption by reference.

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

WAC

197-11-305 Categorical exemptions.

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 2005-609 § 2)

18.04.120 Threshold determinations – Adoption by reference.

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

WAC

197-11-300 Purpose of this part.

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.

197-11-355 Optional DNS process.

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

197-11-390 Effect of threshold determination.

(Ord. 2005-609 § 2)

18.04.130 Threshold determinations – Review at conceptual stage.

A. If the city’s only action on a proposal is a decision on a building permit or other development proposal that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.

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

1. All items required for submittal for site plan review.

2. Other information as the responsible official may determine. (Ord. 2005-609 § 2)

18.04.140 Threshold determinations – Environmental checklist and critical area information.

A. A completed environmental checklist, a completed critical area identification form and critical area reports deemed necessary pursuant to MCMC 18.06.520 shall be filed at the same time as an application for a development proposal or other approval not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4) and this chapter.

B. A checklist is not needed if the responsible official and the applicant agree an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been initiated by another agency.

C. The responsible official shall use the environmental checklist to determine the lead agency. If the city is the lead agency, information provided in the environmental checklist, critical area identification form, and required critical area reports shall assist the responsible official in making a threshold determination.

D. For private proposals, the applicant is required to complete the environmental checklist, critical area identification form, and critical area reports. The responsible official may provide assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist, critical area identification form, and critical area reports for that proposal.

E. The responsible official may decide to annotate the environmental checklist for a private proposal if the responsible official has relevant information or if the applicant has provided incomplete or inaccurate information. (Ord. 2005-609 § 2)

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

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

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on non-project proposals.

197-11-443 EIS contents when prior non-project 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. 2005-609 § 2)

18.04.160 EIS – Additional elements.

The responsible official may include additional elements as part of the environment for the purpose of a complete EIS analysis; however, such additional elements shall not add to the criteria for threshold determinations or perform any other function or purpose under this chapter unless such elements otherwise fall within the scope of this chapter. (Ord. 2005-609 § 2)

18.04.170 EIS – Commenting – Adoption by reference.

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

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

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

(Ord. 2005-609 § 2)

18.04.180 Public notice.

A. Whenever public notice is required under this chapter, the city shall follow the procedures set forth in this section. Public notice under this chapter may be combined, if appropriate, with other public notices applicable to the proposal.

B. Public notice will be given in the following situations:

1. When the responsible official issues a DNS or MDNS in the following circumstances:

a. Involving another agency with jurisdiction;

b. Involving the demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197-11-880;

c. Involving the issuance of a clearing or grading permit not exempted by WAC 197-11-800 through 197-11-890;

d. Following a request for early notice pursuant to WAC 197-11-350(2);

e. Pursuant to WAC 197-11-350(3);

f. Following the withdrawal of a DS pursuant to WAC 197-11-360(4).

2. When the responsible official issues a determination of significance to commence scoping.

3. When a draft EIS (“DEIS”) is available for public comment.

4. When the city holds a public hearing pursuant to WAC 197-11-535.

5. When the responsible official determines that public notice is required.

C. The city shall give public notice by using at least one of the following methods. Use of the methods specified in subsection (C)(1), (2) or (6) of this section shall be deemed sufficient and adequate notice for the matter:

1. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;

2. Posting pursuant to Ordinance No. 1, as may be amended, of the city of Mill Creek;

3. Posting the property, for site-specific proposals;

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

5. Notifying the news media; or

6. Any other method reasonably calculated to inform the public and other agencies or required by statute or chapter.

D. Notice of public hearings shall be published no later than 10 days before the hearing. Notice of public hearings on non-project proposals shall be published in a newspaper of general circulation in the city.

E. The city shall require an applicant to reimburse the city for the costs of compliance with the public notice requirements for the applicant’s proposal and the cost to provide services and materials related to compliance with public notice requirements. The city may require the applicant to provide services and materials to assist in compliance with public notice requirements. “Costs” shall include all out-of-pocket expenses, contracted work, staff salaries including benefits, and administrative overhead. (Ord. 2005-609 § 2)

18.04.190 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 pertaining to a threshold determination or the scoping and reviewing of a draft EIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 and 197-11-912 whenever the city is a consulted agency. The responsible official is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from appropriate departments of the city. (Ord. 2005-609 § 2)

18.04.200 Using existing environmental documents – Adoption by reference.

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

WAC

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact 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. 2005-609 § 2)

18.04.210 SEPA decisions – Adoption by reference.

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

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

(Ord. 2005-609 § 2)

18.04.220 SEPA decisions – Substantive authority.

A. The substantive authority set forth in this section is supplemental to all other authorities the city may possess under federal, state, regional and local law.

B. The city may approve, condition, restrict, limit, modify or deny a development proposal under this chapter based on the following considerations:

1. The conditions, restrictions or limitations are reasonably required to mitigate or prevent specific probable adverse environmental impacts identified in analytical documents prepared pursuant to this chapter or the development code.

2. The conditions, restrictions or limitations are reasonably related to the services, demands, or other impacts caused or created by the development proposal, will mitigate or avoid the adverse impacts, and are capable of being accomplished.

3. The conditions, restrictions or limitations are based on one or more of the policies or goals identified in MCMC 18.04.230 and cited in the decision document.

4. The policies or goals on which the conditions, restrictions or limitations are based were in effect when the DNS, MDNS or EIS was issued.

5. The conditions, restrictions or limitations are set forth in a written decision document.

6. Whether other local, state or federal requirements or mitigation measures applied to the development proposal are sufficient to mitigate in whole or in part an identified significant environmental impact.

C. In addition to the considerations set forth above (as may be applicable to a proposal), no development proposal shall be denied under this chapter unless:

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

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

D. Applicants may propose voluntary actions, mitigation or contributions in addition to any mitigation that may be required or imposed under this chapter. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

18.04.230 SEPA decisions, policies and goals.

A. The policies and goals set forth in this section are adopted as the basis upon which any development proposal may be approved, conditioned, restricted, limited, modified or denied under Chapter 17.48 MCMC and MCMC 18.04.220 and this chapter.

B. For the purpose of providing substantive policies under this chapter, Chapter 17.48 MCMC and Chapter 43.21C RCW, the city adopts and incorporates by reference each and every regulation, goal and policy in the following state and city laws, codes, ordinances, resolutions, plans, agreements, reports, analyses and regulations, all as they now exist or may hereafter be amended, together with the rules, laws, ordinances, resolutions, regulations, plans, reports, administrative policies and technical documents which are incorporated by reference, underlie or are otherwise applicable to such laws, codes, ordinances, resolutions, plans, agreements, reports, analyses and regulations, all as they now exist or may hereafter be amended:

1. The State Environmental Policy Act, Chapter 43.21C RCW, together with all associated administrative regulations, and Chapter 197-11 WAC.

2. The Growth Management Act, Chapters 36.70A through 36.70B RCW, together with all associated administrative regulations.

3. The Mill Creek comprehensive plan, subarea plans, and all final or supplemental environmental impact statements adopted for such plans.

4. The Mill Creek Municipal Code, including without limitation each chapter and section.

5. Every intergovernmental and/or interlocal agreement between the city of Mill Creek and surrounding jurisdictions, including federal, state, regional and local agencies, special purpose districts, cities, or other municipal, governmental or public entities, including without limitation all such agreements concerning transportation, education, parks and recreation, fire services, library services, utility services, and/or other infrastructure elements, and further including without limitation the following particular agreements: the fire mitigation interlocal agreement with Fire Protection District No. 7; the joint long-term fire and emergency medical services agreement with Fire Protection District No. 7; the transportation, traffic, park, and recreation interlocal agreements with Snohomish County and surrounding jurisdictions; and the Everett School District interlocal agreement on school mitigation.

6. Park and recreation master plans, development plans, or use plans developed or adopted by the city.

7. The Mill Creek town center master plan development and planning documents, including without limitation the final environmental impact statement issued September 12, 1996, and all subsequent master plans and design guidelines, development agreements and operational agreements for or related to the town center, including such documents as are hereafter adopted or executed by the city.

8. The East Gateway Urban Village development plan, environmental determinations, and associated planning documents, including without limitation all subsequent master plans and design guidelines, development agreements and operational agreements for or related to the East Gateway Urban Village, including such documents as are hereafter adopted or executed by the city.

9. Engineering plans, standards and documents governing infrastructure development within the city, including without limitation drainage, stormwater, transportation, utilities, street and streetscape design standards, park and recreation standards, and engineering development guidelines.

10. Infrastructure development programs of the city, including without limitation the transportation improvement program, capital facilities program, and park and recreation program.

11. Mitigation formulas and fees adopted pursuant to this chapter, Chapters 36.70A, 36.70B, 43.21C, 58.17 and 82.02 RCW, and Chapter 17.48 MCMC.

12. Environmental study, mapping, planning, identification, assessment and evaluation documents, whether project-specific or programmatic, including without limitation those concerning critical or environmentally sensitive areas, habitats, fish and wildlife, watercourses, wetlands, aquifer recharge areas, geologically hazardous areas, and historic and cultural preservation subjects.

C. The substantive policies set forth in this section may be amended or adopted from time to time by action of the city council through motion, resolution or ordinance and shall by that action be incorporated into this section as a substantive SEPA policy. It shall not be a prerequisite for the application of any substantive policy referenced or adopted under this section that it be expressly set forth by name or title above, but it shall be sufficient that such action, policy or document is referenced by subject matter description and is available from the city upon request. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

18.04.240 SEPA appeals.

A. The city adopts by reference WAC 197-11-680, as now existing or hereafter amended, as supplemented in this chapter.

B. Purpose. This section establishes different SEPA appeal procedures for project and nonproject actions as defined in Chapter 197-11 WAC. The intent of this section is twofold. First, to allow the specified administrative SEPA appeal described below for project actions and combine that appeal with the city’s open record hearing on the underlying project. Second, to accept comments on nonproject SEPA matters, and accept testimony on nonproject SEPA matters in combination with any open record hearing or other meeting concerning the nonproject matter, but allow only a judicial or quasi-judicial appeal of the SEPA determination after the city council makes a final decision on the associated nonproject action. See MCMC 18.04.245 for illustrative charts depicting SEPA project and nonproject processes.

C. SEPA Appeals for Project Actions.

1. Administrative Appeals. The only administrative SEPA appeals allowed under this chapter are appeals of the adequacy of a threshold determination and the adequacy of a final EIS applicable to a project action. No other administrative SEPA appeal shall be allowed.

2. Judicial Appeals. Judicial or quasi-judicial SEPA appeals concerning project actions may be made as allowed by state law; provided, that the appellant has first filed the administrative SEPA appeal allowed by this subsection.

3. Standing. Only an appellant with standing may file an administrative SEPA appeal. To have standing, an appellant must be an interested party in the underlying project action and must have participated in the SEPA process by submitting oral or written comments pertaining to the SEPA action being appealed.

4. Format and Timing. An administrative SEPA appeal filed pursuant to this subsection shall comply with the requirements of Chapter 14.11 MCMC, except that the appeal shall be filed within 14 days from the date that notice of the pertinent SEPA determination was issued. The 14-day appeal period shall run concurrently with the required 14-day comment period for threshold determinations unless otherwise stated in the determination.

5. Consolidation. Except for the types of SEPA appeals specified in WAC 197-11-680(3)(a)(vi), an administrative SEPA appeal shall be consolidated with the open record hearing on the underlying project action.

D. SEPA Appeals for Nonproject Actions.

1. Administrative Appeals. No administrative SEPA appeal is allowed for nonproject actions (e.g., legislative decisions, comprehensive plan amendments, development code amendments, etc.).

2. Judicial Appeals. A judicial or quasi-judicial SEPA appeal for a nonproject action may be made only in conjunction with the judicial or quasi-judicial appeal of a final decision of the city council on the underlying nonproject action.

3. Standing. Only an appellant with standing may file a judicial or quasi-judicial SEPA appeal of a nonproject action. To have standing, an appellant must be an interested party in the underlying nonproject action and must have participated in the administrative SEPA process by submitting oral or written comments pertaining to the SEPA action being appealed during the applicable SEPA comment period, or in connection with any open record hearing on the nonproject action, or if no open record hearing is held, at a city council meeting at which the nonproject action is considered or decided.

4. Format and Timing. A judicial or quasi-judicial SEPA appeal shall conform with state law requirements and the applicable portions of Chapter 14.11 MCMC.

E. The procedural determination of the responsible official shall carry substantial weight in every administrative, judicial, or quasi-judicial SEPA appeal proceeding. (Ord. 2011-725 § 2)

18.04.245 Illustrative charts depicting SEPA project and nonproject process.

A. Illustrative chart depicting SEPA portion of project review process.

B. Illustrative chart depicting SEPA portion of nonproject review process.

(Ord. 2011-725 § 3 (Exh. A))

18.04.250 Notice of action.

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

B. 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 clerk, applicant or proponent pursuant to RCW 43.21C.080.

C. The effect that filing a notice of action has on the time period for filing a judicial appeal of any decision made under this chapter is described in Chapter 14.11 MCMC. (Ord. 2005-609 § 2)

18.04.260 Environmental critical areas – Adoption by reference.

The city adopts by reference WAC 197-11-908, as now existing or hereafter amended, as supplemented in this chapter. (Ord. 2005-609 § 2)

18.04.270 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 reviews when it is lead agency, the city shall collect a fee, as provided in Chapter 3.42 MCMC, 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 such fees. When the city assists the applicant in completing the environmental checklist or annotates the environmental checklist, the city’s actual costs shall be collected.

B. Environmental Impact Statements.

1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by persons other than the city. The city shall bill such costs directly to the applicant. Such consultants shall be selected by the city.

3. The applicant shall pay the projected costs to the city prior to commencing work on the preparation of the EIS. The city will refund the excess, if any, at the completion of the EIS. If the city’s costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected under subsection (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 cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The city may require an applicant to prepay or reimburse the city for all legal fees relating to review of the applicant’s development proposal under this chapter.

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.

F. “Costs” as used in this section shall include all out-of-pocket expenses, contracted work, staff salaries including benefits, and administrative overhead. (Ord. 2005-609 § 2)

18.04.280 Forms – Adoption by reference.

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

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

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

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

197-11-990 Notice of action.

(Ord. 2005-609 § 2)