The City of Everson adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains this City's SEPA procedures and policies.
The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter.
(Ord. 306 § 2, 1984)
EMC § 16.02.020 through § 16.02.055, inclusive, contain the basic requirements that apply to the SEPA process. The City adopts the following sections of Chapter 197-11 WAC 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. 306 § 2, 1984)
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. 
"Department"
means any division, subdivision or organizational unit of the City established by ordinance, rule, or order.
B. 
"SEPA rules"
means Chapter 197-11 WAC adopted by the Washington Department of Ecology.
C. 
"Ordinance"
means the ordinance, resolution, or other procedure used by the City to adopt regulatory requirements.
D. 
"Early notice"
means the City'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).
(Ord. 306 § 2, 1984)
A. 
For those proposals for which the City is the lead agency, the responsible official shall be the Clerk, or the Clerk's designee.
B. 
For all proposals for which the City 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 the SEPA rules adopted by reference from Chapter 197-11 WAC.
C. 
The City 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. 306 § 2, 1984; Ord. 470 § 1, 1994; Ord. 501 § 16, 1996)
A. 
Upon receipt of an application for or initiating a proposal that involves a nonexempt action, the City 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 City is not the lead agency for a proposal, the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600, shall be prepared or required. In some cases, the City may conduct supplemental environmental review under WAC 197-11-600.
C. 
If the City 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 determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Washington Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City may be initiated by the responsible official.
D. 
Private project applicants shall supply sufficient information to identify which other agencies have jurisdiction over the proposal.
(Ord. 306 § 2, 1984; Ord. 470 § 2, 1994)
For any proposal for a private project where the City would be the lead agency and for which one or more State agencies have jurisdiction, the 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 City shall be an agency with jurisdiction. To transfer lead agency duties, the 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 private applicant, and any other agencies with jurisdiction over the proposal.
(Ord. 306 § 2, 1984; Ord. 470 § 3, 1994)
The following time limits (expressed in calendar days) shall apply when the City processes licenses for all private projects and those governmental proposals submitted to the City by other agencies:
A. 
Categorical Exemptions. The City shall identify whether an action is categorically exempt within 14 days of issuing a determination of completeness under EMC § 16.01.090.
B. 
Threshold Determinations.
1. 
Consistent with the requirements of Chapter 16.01 EMC, the City shall complete threshold determinations:
a. 
No sooner than the close of the public comment period established in EMC § 16.01.100(A)(5); and
b. 
No later than 15 days prior to the public hearing on a permit.
2. 
When the responsible official requires information from other agencies with jurisdiction:
a. 
The City should request such information on or before the date of the notice of application under EMC § 16.01.100, and the comment period associated with the notice of application should be the largest period allowable under EMC § 16.01.100(A)(5);
b. 
The City will wait no longer than the expiration of the comment period for a consulted agency to respond;
c. 
The City 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 14 days of issuing a determination of completeness under EMC § 16.01.090.
(Ord. 306 § 2, 1984; Ord. 501 § 18, 1996)
EMC § 16.02.110 through § 16.02.150, inclusive, contain the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. The sections also contain rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections by reference, as supplemented in this part:
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. 306 § 52, 1984)
A. 
The City of Everson establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
1. 
For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 10 dwelling units.
2. 
For agricultural structures in WAC 197-11-800(1)(b)(ii): Up to 30,000 square feet.
3. 
For office, school, commercial, recreations, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and up to 40 parking spaces.
4. 
For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces.
5. 
For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 500 cubic yards.
B. 
Whenever the City establishes new exempt levels under this section, the Clerk shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington 98504, under WAC 197-11-800(1)(c).
(Ord. 306 § 2, 1984)
A. 
The responsible official'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 City shall not require completion of an environmental checklist for an exempt proposal.
B. 
In determining whether or not a proposal is exempt, the responsible official 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 responsible official shall determine the lead agency, even if the license application that triggers consideration is exempt.
C. 
If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
1. 
The City shall not give authorization for:
a. 
Any nonexempt action;
b. 
Any action that would have an adverse environmental impact; or
c. 
Any action that would limit the choice of alternatives;
2. 
The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
3. 
The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 306 § 2, 1984; Ord. 470 § 4, 1994)
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; except, a checklist is not needed if the City and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination.
B. 
For private proposals, the City will require the applicant to complete the environmental checklist.
(Ord. 306 § 2, 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 City is lead agency; and
2. 
Precede the City's actual threshold determination for the proposal.
C. 
The responsible official should respond to the request for early notice within seven working days of receipt of the request, or of close of the comment period under EMC § 16.01.100, whichever is later. The response shall:
1. 
Be written;
2. 
State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City 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. 
When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City 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 City 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 City may issue and circulate a DNS under WAC 197-11-340(2).
2. 
If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City 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 storm water runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot storm water 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 reports, studies or other documents.
E. 
A mitigated DNS is issued under WAC 197-11-340(2), requiring a 15-day comment period and public notice.
F. 
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 City.
G. 
If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(x) (withdrawal of DNS).
H. 
The City'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 City to consider the clarifications or changes in its threshold determination.
(Ord. 306 § 2, 1984; Ord. 470 § 5, 1994; Ord. 501 § 17, 1996)
The following section of the Washington Administrative Code, as presently constituted or hereinafter amended, is adopted by reference as the code of the City of Everson:
WAC 197-11-355
Optional DNS process.
(Ord. 678 § 5, 2008)
EMC § 16.02.210 and § 16.02.220, inclusive, contain the rules for preparing environmental impact statements. The City adopts the following sections by reference:
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 197-11-410
Expanded scoping (optional).
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
Contents 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. 306 § 2, 1984)
A. 
Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
B. 
The DEIS and FEIS or draft and final SEIS shall be prepared by City staff, the applicant, or by a consultant selected by the City or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify that applicant of the City's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. 
The City may require an applicant to provide information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.)
D. 
A project permit application shall lapse if a draft EIS is not submitted within nine months of the date of issuance of a determination of significance, unless the applicant and the City agree in writing to a longer period.
(Ord. 306 § 2, 1984; Ord. 470 § 6, 1994; Ord. 501 § 19, 1996)
EMC § 16.02.310 through § 16.02.330, inclusive, contain rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference:
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. 306 § 2, 1984)
A. 
Whenever the City of Everson issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City 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.
a. 
Publishing notice in the official City newspaper;
b. 
Notifying public or private groups which have requested the notice in writing regarding a certain proposal or type of proposal being considered.
2. 
Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as requiring in WAC 197-11-408 and in the public notice.
B. 
Whenever the City 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
2. 
Posting, publishing, etc., in the manner required for a DS or DNS.
C. 
Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures for the City's nonexempt permit(s) or approval(s) required for the proposal.
D. 
The City may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.
(Ord. 306 § 2, 1984; Ord. 501 § 20, 1996)
A. 
The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. 
The responsible official shall be responsible for the City's compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in timely fashion and include data from all appropriate departments of the City.
(Ord. 306 § 2, 1984; Ord. 470 § 7, 1994)
This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the City's own environmental compliance. The City 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. 306 § 2, 1984)
EMC § 16.02.510 through § 16.02.530, inclusive, contain rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The City 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. 306 § 2, 1984; Ord. 470 § 8, 1994)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City of Everson.
B. 
The City may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific probable environmental impacts identified in environmental documents prepared pursuant to this chapter;
2. 
Such conditions are in writing;
3. 
The mitigation measures included in such conditions are reasonable and capable of being accomplished;
4. 
The City 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 City 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 chapter;
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 City designates and adopts the following policies as the basis for the City's exercise of authority pursuant to this section:
1. 
The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, function, 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 City 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.
3. 
Those policies established/adopted/implemented in:
a. 
Chapter 19.04 EMC, the City of Everson Comprehensive Plan;
b. 
Chapter 16.04 EMC, Shoreline Management;
c. 
Chapter 15.10 EMC, Flood Damage Prevention;
d. 
Chapter 16.08 EMC, Land Development; and
e. 
Chapter 16.12 EMC, Protection of Natural Resources.
E. 
When any proposal or action not requiring a decision of the City Council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable in accordance with the provisions of EMC § 16.01.150. Review by the City Council shall be on a de novo basis.
(Ord. 306 § 2, 1984; Ord. 501 § 21, 1996)
This section contains uniform usage and definitions of terms under SEPA. The City 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. 306 § 2, 1984)
EMC § 16.02.810 and § 16.02.820, inclusive, contain 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 City adopts the following sections by reference, as supplemented by WAC 173-806-050 through 173-806- 053, inclusive:
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. 306 § 2, 1984)
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 the fee scheduled in the City's current master fee schedule adopted by resolution of the City Council 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.
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 section which shall 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. 306 § 2, 1984; Ord. 470 § 9, 1994; Ord. 501 § 22, 1996; Ord. 842 § 2, 2023)