This article contains the basic requirements that apply to the SEPA process. The town adopts the following sections of Chapter 197-11 WAC by reference:
WAC 197-11-010
Authority.
WAC 197-11-030
Policy.
WAC 197-11-040
Definitions.
WAC 197-11-050
Lead agency.
WAC 197-11-055
Timing of the SEPA process.
WAC 197-11-060
Content of environmental review.
WAC 197-11-070
Limitations on actions during SEPA process.
WAC 197-11-080
Incomplete or unavailable information.
WAC 197-11-090
Supporting documents.
WAC 197-11-100
Information required of applicants.
(Ord. 257 § 2.1, 1984)
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, the following terms are hereby defined and when used in this chapter shall have the following meanings, unless the context indicates otherwise:
"Department"
means any division, subdivision or organizational unit of the town which has been or shall be established by ordinance, resolution, rule, or order.
"Early notice"
means the town's response or advice to an applicant stating whether the town considers issuance of a determination of significance (DS) likely for the applicant's proposal.
"Ordinance"
means this chapter, and in context may include any town ordinance, resolution, or other procedure by which the town has adopted regulations or policies.
"SEPA rules"
means Chapter 197-11 WAC as adopted by the State Department of Ecology.
(Ord. 257 § 2.2, 1984)
A. 
For proposals for which the town is the lead agency, the responsible official shall be the town mayor or the mayor's designee.
B. 
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 EIS, and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules adopted by reference in this chapter.
C. 
The town shall retain all documents required by the SEPA rules, and shall make them available to the public in accordance with Chapter 42.17 RCW.
(Ord. 257 § 2.3, 1984)
A. 
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.
B. 
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 supervise preparation of the EIS if an EIS is required.
C. 
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 it finds it to be required under criteria of WAC 197-11-600. In some cases, the town may conduct supplemental environmental review under WAC 197-11-600.
D. 
If the town or any of its departments receives a lead agency determination made by another agency that appears to it to be 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 be resolved within 15 days of receipt of the determination, or the town can, within such 15-day period, petition the Department of Ecology for a lead agency determination under WAC 197-11-946. Any such petition on behalf of the town shall be initiated by the town mayor or the mayor's designee.
E. 
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.
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, including agencies which require nonexempt licenses.
(Ord. 257 § 2.4, 1984)
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. 257 § 2.5, 1984)
A. 
For nonexempt proposals, the DNS or a final EIS for the proposal shall accompany the town staff recommendation to any appropriate advisory body, such as the planning commission.
B. 
If the town's only action on a proposal is a decision as to issuance of 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 by the applicant of the detailed plans and specifications, and the town may agree to such request. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon filing of a completed application, environmental checklist, and preliminary or conceptual site development plans.
(Ord. 257 § 2.6, 1984)