This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:
WAC 197-11-900
Purpose of this part.
WAC 197-11-902
Agency SEPA policies.
WAC 197-11-916
Application to ongoing actions.
WAC 197-11-920
Agencies with environmental expertise.
WAC 197-11-922
Lead agency rules.
WAC 197-11-924
Determining the lead agency.
WAC 197-11-926
Lead agency for governmental proposals.
WAC 197-11-928
Lead agency for public and private proposals.
WAC 197-11-930
Lead agency for private projects with one agency with jurisdiction.
WAC 197-11-932
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a city.
WAC 197-11-934
Lead agency for private projects requiring licenses from a local agency, not a city, and one or more state agencies.
WAC 197-11-936
Lead agency for private projects requiring licenses from more than one state agency.
WAC 197-11-938
Lead agencies for specific proposals.
WAC 197-11-940
Transfer of lead agency status to a state agency.
WAC 197-11-942
Agreements on lead agency status.
WAC 197-11-944
Agreements on division of lead agency duties.
WAC 197-11-946
DOE resolution of lead agency disputes.
WAC 197-11-948
Assumption of lead agency status.
(Ord. 1273 NS § 1, 2002)
A. 
The city has selected certain categorical exemptions that will not apply in one or more critical areas identified in the critical areas ordinances required under RCW 36.70A.060. For each critical area listed below, the exemptions within WAC 197-11-800 that are inapplicable for that area are: wetlands, habitat conservation areas, geologic hazard areas, floodplains, and aquifer recharge and wellhead protection areas: WAC 197-11-800(1), (2)(a) through (h), (3), (6)(a), (14)(c).
B. 
The scope of environmental review of actions within these areas shall be limited to:
1. 
Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and
2. 
Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws.
C. 
All categorical exemptions not listed in subsection A of this section apply whether or not the proposal will be located in a critical area.
(Ord. 1273 NS § 1, 2002)
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 from the proponent of the proposal as established by Resolution No. 12-01 as adopted or thereafter amended prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
B. 
Environmental Impact Statement.
1. 
When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by 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.
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 some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals.
3. 
If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (2) of this subsection 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. 1273 NS § 1, 2002)
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 1273 NS § 1, 2002)