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 of the SEPA rules by reference, as supplemented in this article:
WAC 197-11-300
Purpose of this part, relating to categorized exemptions and threshold determinations.
WAC 197-11-305
Categorical exemptions.
WAC 197-11-310
Threshold determination required.
WAC 197-11-315
Environmental checklist.
WAC 197-11-330
Threshold determination process.
WAC 197-11-335
Additional information.
WAC 197-11-340
Determination of nonsignificance (DNS).
WAC 197-11-350
Mitigated DNS.
WAC 197-11-360
Determination of significance (DS)/initiation of scoping.
WAC 197-11-390
Effect of threshold determination.
(Ord. 257 § 3.1, 1984)
Pursuant to discretion and authority contemplated in WAC 197-11-800(1)(b) and (c), the town hereby establishes the following exempt levels for "minor new construction":
A. 
For residential dwelling units in WAC 197-11-800(1)(b)(i): those containing four dwelling units or less.
B. 
For agricultural structures in WAC 197-11-800(1)(b)(iii): those containing 10,000 square feet or less.
C. 
For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iv): those containing 4,000 square feet or less, and with associated parking facilities designed for 20 parking spaces or less.
D. 
For parking lots in WAC 197-11-800(1)(b)(iv): those containing 20 parking spaces or less.
E. 
For landfills and excavations in WAC 197-11-800(1)(b)(v): those consisting of 100 cubic yards or less.
(Ord. 257 § 3.2, 1984)
A. 
Each department within the town which receives an application for a license or, in the case of governmental proposals, the department which initiates 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 a proposal which it finds is exempt.
B. 
In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify any local governmental licenses or permits required. If a proposal includes exempt and also nonexempt actions, the department shall determine the lead agency, even if the license application which triggered the department's consideration is exempt.
C. 
If a proposal includes both exempt and nonexempt actions, the town may authorize the exempt actions to proceed prior to compliance with the procedural requirements of this chapter, except that:
1. 
The town shall not give authorization for any actions that would have an adverse environmental impact or limit the choice of reasonable alternatives (see WAC 197-11-070);
2. 
A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) subsequently were not approved; and
3. 
A department may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) subsequently were not approved.
(Ord. 257 § 3.3, 1984)
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; provided, a checklist is not needed if the town and applicant agree an EIS is required, or if SEPA compliance has been completed, or if 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, to determine the responsible official for making the threshold determination.
B. 
For private proposals, the town will require the applicant to complete the environmental checklist, and shall provide assistance as the town determines necessary. For town proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C. 
The town 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:
1. 
The town has technical information on a question or questions that is unavailable to the private applicant; or
2. 
The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(Ord. 257 § 3.4, 1984)
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 based on changes to, or clarifications of, the proposal made by the applicant.
B. 
An applicant may request in writing early notice of whether a determination of significance (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; and
2. 
Precede the city's actual threshold determination for the proposal.
C. 
The responsible official should expect to respond to the request for early notice within 20 working days. Such response will:
1. 
Be written;
2. 
State whether the town currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the town to consider a DS; and
3. 
State that the applicant may change or clarify the proposal to mitigate the indicated impacts and revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. 
As much as reasonably possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. 
If an applicant submits a changed or clarified proposal, along with a revised 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:
1. 
If the town had thus indicated specific mitigation measures in its response to the request for early notice, and that such measures would lead to a DNS, and if the applicant then changes or clarifies the proposal to include those specific mitigation measures, the town shall issue and circulate a determination of nonsignificance (DNS) under WAC 197-11-340(2).
2. 
If the town had 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.
3. 
The applicant's proposed mitigation measures (clarification, changes or conditions) must be in writing and must be specific. For example, a proposal to "control noise" or "prevent stormwater runoff" would be inadequate, while a proposal to "muffle machinery to X decibel" or to "construct 200-foot stormwater retention pond at Y location" would be adequate.
4. 
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in such a DNS by reference to agency staff reports, studies or other documents.
F. 
Mitigated DNSs issued under WAC 197-11-340(2) require a 15-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 legally available to the town.
H. 
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).
I. 
The town'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 town to consider the clarifications or changes in its threshold determination.
(Ord. 257 § 3.5, 1984)