This article contains the rules for deciding whether a proposal has a "probable significant adverse environmental impact" requiring the preparation of an EIS. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The town adopts the following sections by reference, as supplemented in this article:
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. 296 § 10, 1984; Ord. 598 § 1, 2009)
A. 
The town establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
1. 
For recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): Up to 4,000 square feet.
2. 
For excavations in WAC 197-11-800(1)(b)(v): Up to 100 cubic yards.
B. 
Whenever the town establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, WA 98504, under WAC 197-11-800(1)(c).
(Ord. 296 § 11, 1984; Ord. 598 § 1, 2009)
A. 
The responsible official shall determine whether an application is exempt, except that in the case of governmental proposals initiated by the town, the town council shall determine whether the application is exempt. These determinations 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 an exempt proposal.
B. 
In determining whether a proposal is exempt, the town 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 town shall determine the lead agency, even if the application that triggers the 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 chapter, except that:
1. 
The town 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 town 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 town 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. 296 § 12, 1984; Ord. 598 § 1, 2009)
A. 
A completed environmental checklist in the form provided in WAC 197-11-960 shall be filed at the same time as an application for permit or approval not exempted in this chapter; 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 an agency.
B. 
For private proposals, the town will require the applicant to complete the environmental checklist, providing assistance as necessary. For town proposals, the responsible official shall complete the environmental checklist for the 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 the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(Ord. 296 § 13, 1984; Ord. 598 § 1, 2009)
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 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 town 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 10 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 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 22-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 town staff reports, studies or other documents.
F. 
A mitigated DNS is issued under WAC 197-11-340(2), requiring 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 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 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. 296 § 14, 1984; Ord. 598 § 1, 2009)