The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter:
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.
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. 41-07 § 1, 2007; Ord. 30-19 § 1 (Att. B), 2019)
A. 
Responsible Official's Responsibilities. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS or SEIS, 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/county 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 city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. 
Requirement for Additional Information. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant's other obligations under WAC 197-11-100, or other provisions of regulation, statute or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter, nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance.
D. 
Fees.
1. 
For the purpose of reimbursing the city for necessary costs and expenses relating to its compliance with the SEPA rules and this chapter in connection with private projects, the following schedule of fees is established (in addition to the fees in the city's master fee schedule):
a. 
For a threshold determination which requires information in addition to that contained in or accompanying the environmental checklist, a fee in an amount equal to the actual costs and expenses incurred by the city in conducting any studies or investigations necessary to provide such information;
b. 
For all private projects requiring an EIS for which the city is the lead agency and for which the responsible official determines that the EIS shall be prepared by the employees of the city, or that the city will contract directly with a consultant or consultants for the preparation of an EIS, a fee in an amount equal to the actual costs and expenses incurred by the city in preparing the EIS. Such fee shall also apply when the city determines that the applicant may prepare the EIS, and the responsible official determines that substantial revisions or reassessing of impacts must be performed by employees of the city to ensure compliance with the provisions of the SEPA guidelines and this chapter.
2. 
If the responsible official determines that an EIS is required, and that the EIS shall be prepared by employees of the city or by a consultant or consultants retained by the city, or that the applicant-prepared EIS shall be substantially rewritten by employees of the city, the private applicant shall be advised by the responsible official of the estimated costs and expenses of preparing or rewriting the EIS prior to actual preparation or rewriting, and the private applicant shall post a bond or otherwise insure payment of such costs and expenses. A consultant or consultants may be recommended by the applicant. The final decision to hire a consultant or consultants shall be made by the city council.
3. 
All fees owed the city under this section shall be paid in full by the private applicant prior to final action by the city on the private project. Any fee owed the city under this subsection D shall be paid by the private applicant prior to the initiation of actual preparation of an EIS (if required) or actual rewriting of an applicant-prepared EIS by the city or its consultant(s). For all EISs involving multiple applicants, the cost of preparation shall be divided among the applicants according to the nature, amount and type of work to be performed. The city shall ask the EIS consultant to estimate the costs related to the portion of the EIS associated with each application. The city shall make the final decision on the costs to be billed each applicant, regardless of whether the EIS is prepared by a consultant or the city. If a private applicant disputes the amount of the fee, the fee may be paid under protest and without prejudice to the applicant's right to file a claim and bring an action to recover the fee.
(Ord. 41-07 § 1, 2007; Ord. 30-19 § 1 (Att. B), 2019)
The time required to prepare an environmental impact statement (EIS) associated with a development application shall be agreed to by the director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the director within one year following the issuance of a determination of significance for the proposal, unless the applicant or the applicant's EIS consultant advises that a longer time period is necessary. In that case, the additional time shall be that recommended by the applicant or consultant, not to exceed an additional year.
(Ord. 41-07 § 1, 2007; Ord. 30-19 § 1 (Att. B), 2019)
The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:
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 197-11-510
Public notice.
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. 41-07 § 1, 2007; Ord. 30-19 § 1 (Att. B), 2019)