This article contains rules for town 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 has not designated any area as "environmentally sensitive" under WAC 197-11-908. The town adopts the following sections of SEPA rules by reference, as supplemented by WAC 173-806-050 through 173-806-053 and this article:
Purpose of this part; agency compliance.
Agency SEPA policies.
Application to ongoing actions.
Agencies with environmental expertise.
Lead agency rules.
Determining the lead agency.
Lead agency for governmental proposals.
Lead agency for public and private proposals.
Lead agency for private projects with one agency with jurisdiction.
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
Lead agency for private projects requiring licenses from more than one state agency.
Lead agency for specific proposals.
Transfer of lead agency status to a state agency.
Agreements on lead agency status.
Agreements on division of lead agency duties.
DOE resolution of lead agency disputes.
Assumption of lead agency status.
(Ord. 257 § 10.1, 1984)
The town shall require the following fees for its activities in accordance with the provisions of this chapter:
A. 
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. When the town completes the environmental checklist at the applicant's request or under YMC § 16.05.110, an additional $50.00 shall be collected.
B. 
Environmental Impact Statement.
1. 
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.
2. 
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.
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 section which remain after incurred costs are paid.
C. 
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.
D. 
The town shall not collect a fee for performing its duties as a consulted agency.
E. 
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. 257 § 10.2, 1984)
The effective date of the ordinance codified in this chapter is October 1, 1984.
(Ord. 257 § 10.3, 1984)
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. WAC 197-11-950 (Severability) is hereby adopted by reference.
(Ord. 257 § 10.4, 1984)