The town adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference.
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. 298 Part 2(1), 1984)
In addition to those definitions contained within WAC 197-11-700 through 799 when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise:
"Department"
means any division, subdivision or organizational unit of the town established by ordinance, rule or order.
"Early notice"
means the town's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).
"Ordinance"
means the ordinance, resolution, or other procedure used by the town to adopt regulatory requirements.
"SEPA rules"
means Chapter 197-11 WAC adopted by the department of ecology.
"Town"
means the town of Winthrop, Washington.
(Ord. 298 Part 2(2), 1984)
A. 
For those proposals for which the town is the lead agency, the responsible official shall be the mayor or his 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 environmental impact statement (EIS) and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.
C. 
The town shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.
(Ord. 298 Part 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 WAC 197-11-922 through WAC 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 if an EIS is necessary, shall supervise preparation of the EIS.
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 required under 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 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 resolved within fifteen (15) days of receipt of the determination, or the town must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the city-county may be initiated by the mayor.
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; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
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.
(Ord. 298 Part 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. 298 Part 2(5), 1984)
The following time limits shall apply when the town processes licenses for all private projects and those governmental proposals submitted to the town by other agencies:
A. 
Categorical Exemptions. The town shall identify whether an action is categorically exempt within fifteen (15) days of receiving a completed application.
B. 
Threshold Determinations.
1. 
The town should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) days of the date an applicant's adequate application and completed checklist are submitted.
2. 
When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
a. 
The town should request such further information within fifteen (15) days of receiving an adequate application and completed environmental checklist;
b. 
The town shall wait no longer than thirty (30) days for consulted agency to respond;
c. 
The responsible official should complete the threshold determination within fifteen (15) days of receiving the requested information from the applicant or the consulted agency.
3. 
When the town must initiate further studies, including field investigation, to obtain the information to make the threshold determination, the town should complete the studies within thirty (30) days of receiving an adequate application and a completed checklist.
4. 
The town shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen (15) days of receiving an adequate application and completed checklist.
(Ord. 298 Part 2(6), 1984)
If the town's only action on a proposal is a decision on 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 of the detailed plans and specifications.
(Ord. 298 Part 2(7)(part), 1984)
Regarding the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared, and the rules for evaluating the impacts of proposals not requiring an EIS, the town adopts the following sections by reference, as supplemented in this title:
WAC 197-11-300
Purpose of this part.
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. 298 Part 3(1), 1984)
A. 
Each department within the town that receives an application for a license or, in the case of governmental proposals, the department initiating 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 title apply to the proposal. The town shall not require completion of an environmental checklist for an exempt proposal.
B. 
In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
C. 
If a proposal includes both exempt and nonexempt actions, the town may authorize exempt actions prior to compliance with the procedural requirements of this title, except that, there shall be full compliance with the provisions of WAC 197-11-070 in all cases.
(Ord. 298 Part 3(2), 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 title; except, a checklist is not needed if the town and applicant agree an EIS is required, SEPA compliance has been completed, or 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, for determining the responsible official and for making the threshold determination.
B. 
For private proposals, the town/county will require the applicant to complete the environmental checklist, providing assistance as necessary. For town/county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C. 
The town/county may require that it, and not the private applicant, will complete all or part of the environmental checklist for private proposal, if either of the following occurs:
1. 
The town/county 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. 298 Part 3(3), 1984)
A. 
As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B. 
An applicant may request in writing early notice of whether a 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 town's actual threshold determination for the proposal.
C. 
The responsible official should respond to the request for early notice within fifteen (15) working days. The response shall:
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 is/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, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. 
As much as possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. 
When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal:
1. 
If the town indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the town shall issue and circulate a DNS under WAC 197-11-340(2).
2. 
If the town 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 (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct two hundred (200) foot stormwater retention pond at Y location" are adequate.
4. 
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
F. 
Mitigated DNS's issued under WAC 197-11-340(2), require a fifteen (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 specifically prescribed by 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 this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification 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. 298 Part 3(4), 1984)
Regarding the rules for preparing environmental impact statements, the town adopts the following sections by reference, as supplemented by this title:
WAC 197-11-400
Purpose of EIS
WAC 197-11-402
General requirements.
WAC 197-11-405
EIS types.
WAC 197-11-406
EIS timing.
WAC 197-11-408
Scoping.
WAC 197-11-420
EIS preparation.
WAC 197-11-425
Style and size.
WAC 197-11-430
Format.
WAC 197-11-435
Cover letter or memo.
WAC 197-11-440
EIS contents.
WAC 197-11-442
Contests of EIS on nonproject proposals.
WAC 197-11-443
EIS contents when prior nonproject EIS.
WAC 197-11-444
Elements of the environment.
WAC 197-11-448
Relationship of EIS to other considerations.
WAC 197-11-450
Cost-benefit analysis.
WAC 197-11-455
Issuance of DEIS.
WAC 197-11-460
Issuance of FEIS.
(Ord. 298 Part 4(1), 1984)
A. 
Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the town under the direction of the responsible official. Before the town issues an EIS, the responsible official shall be satisfied that it complies with this title and chapter 197-11 WAC.
B. 
The DEIS and FEIS or draft and final SEIS shall be prepared by town staff, the applicant, or by a consultant selected by the town or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the town will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the town's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. 
The town may require an applicant to provide information the town does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this title or that is being requested from another agency. (This does not apply to information the town may request under another ordinance or statute.)
(Ord. 298 Part 4(2), 1984)
Regarding the rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings, the town adopts the following sections by reference, as supplemented in this title:
WAC 197-11-500
Purpose of this part.
WAC 197-11-502
Inviting comment.
WAC 197-11-504
Availability and cost of environmental documents.
WAC 197-11-508
SEPA register.
WAC 197-11-535
Public hearings and meetings.
WAC 197-11-545
Effect of no comment.
WAC 197-11-550
Specificity of comments.
WAC 197-11-560
FEIS response to comments.
WAC 197-11-570
Consulted agency costs to assist lead agency.
(Ord. 298 Part 4(3), 1984)
A. 
Whenever town issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the town shall give public notice as follows:
1. 
If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. 
If no public notice is required for the permit or approval, the town shall give notice of the DNS or DS by one of the following:
a. 
Posting the property, for site-specific proposals;
b. 
Publishing notice in a newspaper of general circulation in the county, town or general area where the proposal is located;
c. 
Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
d. 
Notifying the news media;
e. 
Placing notices in appropriate regional, neighborhood, ethnic or trade journals; and/or
f. 
Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas).
3. 
Whenever the town issues a DS under WAC 197-11-360(3), the town shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
B. 
Whenever the town issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. 
Indicating the availability of the DEIS in any public notice required for a nonexempt license; and by any one of the following:
2. 
Posting the property, for site-specific proposals;
3. 
Publishing notice in a newspaper of general circulation in the county, town or general area where the proposal is located;
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;
6. 
Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or
7. 
Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).
C. 
Whenever possible, the town shall integrate the public notice required under this section with existing notice procedures for the town's nonexempt permit(s) or approval(s) required for the proposal.
D. 
The town may require an applicant to complete the public notice requirements for the applicant's proposal at his/her expense.
(Ord. 298 Part 4(4), 1984)
A. 
The mayor or his designee shall be responsible for preparation of written comments for the town in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. 
The mayor shall be responsible for the town's compliance with WAC 197-11-550 whenever the town is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the town.
(Ord. 298 Part 4(5), 1984)
Regarding the rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the town's own environmental compliance, the town adopts the following sections by reference:
WAC 197-11-600
When to use existing environmental documents.
WAC 197-11-610
Use of NEPA documents.
WAC 197-11-620
Supplemental environmental impact statement—Procedures.
WAC 197-11-625
Addenda—Procedures.
WAC 197-11-630
Adoption—Procedures.
WAC 197-11-635
Incorporation by reference—Procedures.
WAC 197-11-640
Combining documents.
(Ord. 298 Part 6(part), 1984)
Regarding the rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA, and procedures for appealing SEPA determinations to agencies or the courts, the town/county adopts the following sections by reference:
WAC 197-11-650
Purpose of this part.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
(Ord. 298 Part 6(part), 1984)
A. 
The policies and goals set forth in this title are supplementary to those in existing authorization of the town.
B. 
The town may attach conditions to a permit or approval for proposal so long as:
1. 
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this title; and
2. 
Such conditions are in writing; and
3. 
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. 
The town has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. 
Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.
C. 
The town may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. 
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this title; and
2. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.
D. 
The town designates and adopts by reference the following policies as the basis for the town's exercise of authority pursuant to this section:
1. 
The town shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
a. 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. 
Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
c. 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
d. 
Preserve important historic, cultural and natural aspects of our national heritage;
e. 
Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
g. 
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2. 
The town recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
E. 
When any proposal or action not requiring a decision of the town council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within ten (10) days of the decision being appealed. Review by the town council shall be on a de novo basis.
(Ord. 298 Part 6(part), 1984)
A. 
The town 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 town clerk, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 298 Part 6(part), 1984)
Regarding the uniform usage and definitions of terms under SEPA, the town adopts the following sections by reference, as supplemented by WAC 173-806-040:
WAC 197-11-700
Definitions.
WAC 197-11-702
Act.
WAC 197-11-704
Action.
WAC 197-11-706
Addendum.
WAC 197-11-708
Adoption.
WAC 197-11-710
Affected tribe.
WAC 197-11-712
Affecting.
WAC 197-11-714
Agency.
WAC 197-11-716
Applicant.
WAC 197-11-718
Built environment.
WAC 197-11-720
Categorical exemption.
WAC 197-11-722
Consolidated appeal.
WAC 197-11-724
Consulted agency.
WAC 197-11-726
Cost-benefit analysis.
WAC 197-11-728
County/City.
WAC 197-11-730
Decision maker.
WAC 197-11-732
Department.
WAC 197-11-734
Determination of nonsignificance (DNS).
WAC 197-11-736
Determination of significance (DS).
WAC 197-11-738
EIS.
WAC 197-11-740
Environment.
WAC 197-11-742
Environmental checklist.
WAC 197-11-744
Environmental document.
WAC 197-11-746
Environmental review.
WAC 197-11-748
Environmentally sensitive area.
WAC 197-11-750
Expanded scoping.
WAC 197-11-752
Impacts.
WAC 197-11-754
Incorporation by reference.
WAC 197-11-756
Lands covered by water.
WAC 197-11-758
Lead agency.
WAC 197-11-760
License.
WAC 197-11-762
Local agency.
WAC 197-11-764
Major action.
WAC 197-11-766
Mitigated DNS.
WAC 197-11-768
Mitigation.
WAC 197-11-770
Natural environment.
WAC 197-11-772
NEPA.
WAC 197-11-774
Nonproject.
WAC 197-11-776
Phased review.
WAC 197-11-778
Preparation.
WAC 197-11-780
Private project.
WAC 197-11-782
Probable.
WAC 197-11-784
Proposal.
WAC 197-11-786
Reasonable alternative.
WAC 197-11-788
Responsible official.
WAC 197-11-790
SEPA.
WAC 197-11-792
Scope.
WAC 197-11-793
Scoping.
WAC 197-11-794
Significant.
WAC 197-11-796
State agency.
WAC 197-11-797
Threshold determination.
WAC 197-11-799
Underlying governmental action.
(Ord. 298 Part 8, 1984)
Regarding the rules for agency 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 adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this title:
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 county/city.
WAC 197-11-934
Lead agency for private projects requiring licenses from a local agency, not a county/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. 298 Part 10(1), 1984)
The town shall require the following fees for its activities in accordance with the provisions of this title:
A. 
Threshold Determination. For every environmental checklist the town will review when it is lead agency, the town shall collect a fee of fifty dollars ($50.00) from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this title for making a threshold determination shall not begin to run until payment of the fee.
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 consultant 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 to this title 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 title, and for mailing the document, in a manner provided by Chapter 42.17 RCW.
(Ord. 298 Part 10(2), 1984)