HomeMy WebLinkAbout2005 State Environmental Policy Act (SEPA) Procedures ORDINANCE NO. 2DD~
AN ORDINANCE ADOPTING PROCEDURES AND POLICIES UNDER THE
STATE ENVIRONMENTAL POLICY ACT AND REPEALING PRIOR
PROVISIONS OF THE CITY'S ENVIRONMENTAL REGULATIONS.
WHEREAS, the City Council of the City of Port Townsend have
published notice, received public comment and held a public
hearing as required by law, now therefore
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR
SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS:
SECTION 1
SECTION 2
2.10
2.20
SECTION 3
3.10
3.20
3.30
3.40
3.50
SECTION 4
4.10
4.20
4.30
4.40
SECTION 5
5.10
5.20
5.30
SECTION 6
6.10
6.20
6.30
6.40
SECTION 7
7.10
TABLE OF CONTENTS
AUTHORITY
DEFINITIONS
ADOPTION BY REFERENCE
ADDITIONAL DEFINITIONS
GENERAL REQUIREMENTS
ADOPTION BY REFERENCE
DESIGNATION OF RESPONSIBLE OFFICIAL
LEAD AGENCY DETERMINATION AND RESPONSIBILITIES
TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY
TIMING CONSIDERATIONS
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
ADOPTION BY REFERENCE
USE OF EXEMPTIONS
ENVIRONMENTAL CHECKLIST
MITIGATED DETERMINATION OF NON-SIGNIFICANCE (DNS)
ENVIRONMENTAL IMPACT STATEMENTS (EIS)
ADOPTION BY REFERENCE
EIS PREPARATION - ADDITIONAL CONSIDERATIONS
ADDITIONAL ELEMENTS
ENVIRONMENTALLY SENSITIVE AREAS (ESA)
DEFINITION
ESA GOALS AND POLICIES
ENVIRONMENTALLY SENSITIVE AREA DETERMINATION
CATEGORICALLY EXEMPT DETERMINATION
COMMENTING
ADOPTION BY REFERENCE
7.20
7.30
SECTION
8.10
8.20
8.30
SECTION 9
9.10
9.20
9.30
9.40
9.50
PUBLIC NOTICE
DESIGNATED OFFICIAL TO PERFORM CONSULTED AGENCY
RESPONSIBILITIES
SEPA DECISION MAKING AUTHORITY, USE OF EXISTING
DOCUMENTS, AND APPEALS
ADOPTION BY REFERENCE
SUBSTANTIVE AUTHORITY
APPEALS
FEES, FORMS, SEVERABILITY, REPEALS AND ADOPTION
FEES
FORMS
SEVERABILITY
.REPEAL
ADOPTION
SECTION 1. AUTHORITY.
1. AUTHORITY
The City of Port Townsend adopts this
ordinance under the State Environmental Policy Act (SEPA),
RCW 43.21C.120, and the SEPA Rules, WAC 197~11-904.
This ordinance contains this City's SEPA procedures and policies.
The SEPA rules, chapter 197-11 WAC, must be used in conjunction
with this ordinance.
2. DEFINITIONS
SECTION 2.10 ADOPTION BY REFERENCE. This section contains
uniform usage and definitions of terms under SEPA. The City
adopts the following sections by reference, as supplemented by
WAC 173-80~-C4~;-~~~¢?~0~ ~-~O ~
WAC
197-11-700
197-11-702
197-11-704
197-11-706
197-11-708
197-11-710
197-11-712
Definitions.
ACt.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
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197-11-714
197-11-716
197-11-718
197-11-720
197-11-722
197-11-724
197-11-726
197-11-728
197-11-230
197-11-732
197-11-734
197-11-736
197-11-738
197-11-740
197-11-742
197-11-744
197-11-746
197-11-748
197-11-750
197-11-752
197-11-754
197-11-756
197-11-758
197-11-760
197-11-762
197-11-764
197-11-766
197-11-768
197-11-770
197-11-772
197-11-774
197-11-776
197-11-778
197-11-780
197-11-782
Agency.
Applicant.
Built environment.
Categorical exemption.
Consolidated appeal.
Consulted agency.
Cost-benefit analysis.
County/city.
Decision maker.
Department.
Determination
Determination
Environmental
Environment.
Environmental checklist.
Environmental document.
Environmental review.
Environmentally sensitive
Expanded scoping.
Impacts.
Incorporation by
Lands covered by
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Nonproject.
Phased review.
Preparation.
Private project.
Probable.
of nonsignificance (DNS).
of significance (DS).
impact statement (EIS).
area.
reference.
water.
197-11-784
197-11-786
197-11-788
197-11-790
197-11-792
197-11-793
197-11-794
197-11-796
197-11-797
197-11-799
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
SECTION 2.20 ADDITIONAL DEFINITIONS. In addition to those
definitions contained within WAC 197-11-700 through 197-11-799,
when used in this ordinance, the following terms shall have the
following meanings, unless the context indicates otherwise:
(1). "Council" means the Port Townsend City Council.
(2). "City" means the City of Port Townsend.
(3). "State" means Washington State.
(4). ~Depar~ment means any division, subdivision or
organizational unit of the City established by
ordinance, rule or order.
(5). "SEPA rules" means chapter 197-11 WAC adopted
by the Department of Ecology.
(6). "Ordinance" means the ordinance, resolution, or
other procedure used by the City to adopt
regulatory requirements.
(7). "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.
3. GENERAL REQUIREMENTS
SECTION 3.10 ADOPTION BY REFERENCE. This Part contains the
basic requirements that apply to the SEPA process. Included is the
designation of a responsible official and lead agency. The
City adopts the following sections of chapter 197-11 of the
Washington Administrative Code by reference, as supplemented in
this part:
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WAC
197-11-040
197-11-050
197-11-055
197-11-060
197-11-070
197-11-080
197-11-090
197-11-100
197-11-900
197-11-902
197-11-916
197-11-920
197-11-922
197-11-924
197-11-926
197-11-928
Definitions.
Lead agency?
Timing of the SEPA process.
Content of environmental review.
Limitations on actions during SEPA process.
Incomplete or unavailable information.
Supporting documents.
Information required of applicants..
Purpose of this part.
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.
197-11-930 Lead agency for private projects
197-11-932 lcenses Irom more than one agency, when one
of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring
licenses from a local agency, not a county/
city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring
licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
SECTION 3.20 DESIGNATION OF RESPONSIBLE OFFICIAL. (1) For
those proposals for which the City is the 'lead agency, the respon-
sible official shall be the City Council.
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(2) 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 those sections
of the SEPA rules that were adopted by reference in Section 3.10
of this ordinance.
(3) 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.
SECTION 3.30 LEAD AGE5
(1) Theldepartment wit
for or initiating a proposs
determine the lead agency
CY DETERMINATION AND RESPONSIBILITIES.
hin the City receiving an application
1 that involves a nonexempt action shall
or that proposal under WAC 197-11-050
and 197-11-922 through 197-11-940: unless the lead agency has
been previously determined or theidepartment is aware that another
department or agency is in the process of ~determining the lead
agency.
(2) When the City is the lead agency for a proposal, ~the
department receiving the application shall determine the responsible
official who shall supervise compliance with the threshold deter-
mination requirements, and if an EIS is necessary, shall supervise
preparation of the EIS.
(3) When the City is not the lead agency for a proposal, all
City departments shall use and consider, as appropriate, either
the determination of non significance (DNS) or the final EIS of
the lead agency in making decisions on the proposal. No City
department shall prepare or require preparation of a DNS or EIS
in addition to that prepared by the lead agency, unless required
~n~r~C-197-11-600. In some cases, the City may conduct
supplemental environmental review under WAC 197-11-600.
(4) If the City or any of its departments receives a lead
agency determination made by another agency that appears incon-
sistent with the criteria of WAC 197-11-922 through 197-11-940,
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it may object to the determination. Objections must be made to
the agency originally making the determination and resolved
within fifteen days of receipt of the determination, or the
City must petition the Department of Ecology for a lead agency
determination under WAC 197-11-946 within the fifteen day time
period. Any such petition on behalf of the City may be initiated
by the responsible official.
(5) Departments of the City 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
departments affected by such agreement approve the agreement.
(6) 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.
SECTION 3.40 T~ANSFER OF LEAD AGENCY STATUS TO A STATE AGEN~.~.
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 City's responsibl~ 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
City's responsible official must transmit a notice off, the transfer
together with any relevant information available on the proposal
to the appropriate state agency with jurisdiction. The responsible
official of the City shall also give notice of the transfer to
the private applicant and any other agencies with jurisdiction
over the proposal.
~t~iON 3.50 TIMING CONSIDERATIONS. (1) For nonexempt pro-
posals, the DNS or final EIS for the proposal shall accompany
the City's staff recommendation to any appropriate advisory body,
such as the Planning Commission.
(2) If the City's only action on a proposal is a decision on
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building permit or other license that requires detailed project
plans and specifications, the applicant may requiest in writing
that the City conduct environmental review prior to submission
of the detailed plans and specifications.
4. CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS.
SECTION 4.10 ADOPTION BY REFERENCE. This part contains the
rules for deciding whether a proposal is exempt under SEPA or
has a "probable significant, adverse environmental impact" requiring
an environmental impact statement (EIS) to be prepared. This
part also contains 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
197-11-305
197-11-310
197-11-315
197-11-330
197-11-335
197-11-340
197-11-350
197-11-360
197-11-390
197-11-800
197-11-880
197-11-890
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigated DNW.
Determination of significance (DS)/initiation
of scoping.
Effect of threshold determination.
Categorical exemptions.
Emergencies.
Petitioning DOE to change exemptions.
SECTION 4.20 USE OF EXEMPTIONS. (1)
Each 'department within
.... ~".the~{~"t~th'~% receives an application for a permit or 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.
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If a proposal is exempt, none of the procedural requirements of
this ordinance apply to the proposal. The City shall not require
completion of an environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the
department shall make certain the proposal is properly defined
and shall identify the governmental permit or license~ 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.
(3) If a proposal includes both exempt and nonexempt actions,
the City may authorize exempt actions prior to compliance with the
procedural requirements of this ordinance, except that:
(a) The City shall not give authorization for:
(i) Any nonexempt acti'on:
(ii) Any action that would have an adverse environmental
impact; or
(iii) Any action that would limit the choice of
alternatives.
(b) Afdepartment may withold approval of an exempt action
that would lead to modification of the physical environment, when
modifications would serve no purpose if the nonexempt action(s)
were not approved; and
(c) Atdepartment may withold approval of exempt actions that
would lead to substantial financial expenditures by a private
applicant when the expenditures would serve no purpose if non-
exempt action(s) were not approved.
SECTION 4.30 ENVI.RONMENTAL CHECKLI. ST. (1) A completed
environmental checklist in the form provided in WAC 197-11-960,
~sh~~'~f~fI~'d at the same time as an application for a p~grmit,
license, certificate, or other approval not specifically exempted
in this ordinance. A checklist is not needed if the City and
applicant agree an EIS is required, SEPA compliance has been com-
pleted, or SEPA compliance has been initiated by another agency.
The City shall use the environmental checklist to determine the
lead agancy and, if the City is the lead agency, for determining
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the responsible official and for making the threshOld determination.
(2) For private proposals, the City will require the appli~
cant to complete the environmental checklist, providing assistance
as necessary. For City proposals, the department initiating the
proposal shall complete the environmental checklist for that proposal.
SECTION 4.40 MITIGATED DETERMINATION OF NON-SIGNIFICANCE (.DNS).
(1) 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.
(2) An applicant may request in writing early notice of
whether a DS is likely under WAC 197-11-350. The request must:
(a) Follow submission of a permit application and environ-
mental checklist for a nonexempt proposal for which the depart-
ment is lead agency; and
(b) Precede the City's threshold determination for the pro-
posal.
(3) The responsible official should respond to the request for
early notice within (fifteen) 15 working days. The response shall:
(a) be written';
(b) State whether the City currently considers issuance of
a DS likely and, if so, indicate the areas of concern that are
leading the City to consider a DS; and
(c) State that the applicant may change or clarify the
proposal to mitigate the indicated impacts, revising the environ-
mental checklist and/or permit application as necessary to reflect
the changes.
(4) As much as possible, the City Should assist the applicant
with identificationof impacts to formulate mitigation measures.
(5) When an applicant submits a changed or clarified pro-
posal, along with a revised or amended environmental checklist, the
City shall base its threshold determination on the revised pro-
posal and should make the determination within fifteen (15) days
of receiving the revised proposal:
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(a) If the City indicated specific mitigation measures in
its response to the request for early notice, and the applicant
revised the proposal to include those specific mitigation measures,
the City shall issue and circulate a DNS under WAC 197-11-340 (2).
(b) 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.
(c) The applicant's proposed mitigation measures (clarifi-
cations, changes or conditions) must be in
writing and must be specific. For example, proposals to "con-
trol noise" or "prevent stormwater runoff" are inadequate, whereas
proposals to "muffle machinery to X decibel" or "construct 200-
fool stormwater retention pond at Y location" are adequate.
(d) 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.
(6) A mitigated DNS is issued under WAC 197-11-340(2),
requiring a fifteen (15) day comment period and public notice.
(7) 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.
(8) 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)
(a) (Withdrawal of DNS).
(9) The City's written response under subsection (2) of
this section shall not be construed as a determination of signi-
ficance. 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
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or changes in its threshold determination.
5. ENVIRONMENTAL IMPACT STATEMENTS (EIS)
SECTION 5.10 ADOPTION BY REFERENCE. This ~part contains the
rules for preparing environmental impact statements; The City
adopts the following sections by reference, as supplemented by
this part:
WAC
197-11-400
197-11-402
197-11-405
197-11-406
197-11-408
197-11-410
197-11-420
197-11-425
197-11-430
197-11-435
197-11-440
197-11-442
197-11-443
197-11-444
197-11-448
197-11-450
197-11-455
197-11-460
Purpose of EIS.
General requirements.
EIS types.
EIS timing.
Scoping.
Expanded scoping.
EIS preparation.
Style and size.
Format.
Cover letter or memo.
EIS contents.
Contents of EIS on nonproject proposals.
EIS contents when prior nonproject EIS.
Elements of the environment.
Relationship of EIS to other considerations.
Cost-benefit analysis.
Issuance of DEIS.
Issuance of FEIS.
SECTION 5.20 EIS PREPARATION - ADDITIONAL CONSIDERATIONS.
(1) Preparation of draft and final EISs (DEIS and FEIS) and draft
and final supplemental EISs (SEIS) is the responsibility of the C,%~
department most involved with the proposed action under the
direction of the responsible official. Before the City issues an
EIS, the responsible official shall be satisfied that~it complies
with this ordinance and chapter 197-11-WAC.
(2) The draft and final EIS and draft or final SEIS shall be
prepared either by the City, the applicant, or a consultant re-
tained by the applicant or the City. If the responsible official
requires an EIS or SEIS for a proposal and determines that someone
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other than the City will prepare it, 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.
Applicants shall participate in the preparation of an EIS when
written agreement is made between the City and applicant that
authorizes:
(a) The applicant to prepare a draft and final EIS or SEIS;
(b) The applicant to retain a consultant for the preparation
of a draft and final EIS or SEIS;
(c) Joint preparation of a draft and final EIS or SEIS; or
(d) Joint retention of a consultant to prepare a draft and
final EIS or SEIS.
In the event the county and applicant determine the applicant
will participate in the preparation of an EIS or SEIS, written
agreement shall be made immediately after completion of the
threshold determination.
(3) In the event an EIS or SEIS is to be prepared by an applicant
or a consultant, the responsible official shall assure the EIS is
prepared in a responsible manner and with appropriate methodology.
The responsible official shall direct the areas of research and
examination to be undertaken, as well as the organization of the
resulting document. The responsible official shall also attempt
to obtain any information needed by the party preparing the EIS that
is on file with another agency or federal agency. The respon-
sible official shall allow any Private parties or retained con-
sultants preparing any EIS or SEIS access to all public records
of the lead agency that are relevant to the subject matter of
the EIS.
(4) In the event the responsible official or his designee is
preparing an EIS or SEIS, the responsible official may require an
applicant to provide data and infOrmation that is not in the
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possession of the City relevant to any or all areas to be covered
by the EIS, including specific investigation. However, the
applicant is not required to supply information that is n~t
required under this ordinance or that is being requested from
another agency. (This does not apply to information the City may
request under another ordinance or statute.)
SECTION 5.30 ADDITIONAL ELEMENTS. The following additional
elements may be required to be examined as an intergral part of
the environment and included in the EIS but do not add to the
criteria for threshold determinations or perform any other fun-
ctions or purpose under this ordinance:
(1) Economy.
(2) Social policy analysis.
(3) Cost-benefit analysis.
(4) Needs analysis.
(5) Other elements deemed necessary to determine a~ti¢ipated
impacts indentified during the scoping process.
6. ENVIRONMENTALLY SE.NS.IT..I.~~ .AREAS (E$~)
SECTION 6.10 DEFINITION. "Environmentally sensitive areas"
(ESA) are those areas that are designated and mapped by the City
that ma~ have severe limitations to development or where develop-
ment could severely impact the area. They include areas that
exhibit ponding, highly compressible soils, unstable and steep
slopes, former and/or active landslides, flood hazard zones,
critical wildlife habitats, and significant marshes, wetlands, and
historical areas. These are designated on maps filed in the
Port To~n.s~.nd..Ci.%y Hall.
These maps include sub-area characteristic maps, the Washington State
Coastal Zose Atlas and the Flood Insurance Rate Maps (FIRM).
and are adopted by reference.
ESA's are identified where the following conditions exist:
SITE CONDITION MAP SOURCE
(1) Slopes 15% or greater. City Comp. Plan.
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(2) Within 100 Feet of an
unstable pecent or old
slide area.
(3) Highly compressible soils.
(4) Ponding area.
(5) 100 year flood hazard area.
(6) Marsh or wetland area.
(7) Critical Wildlife! habitat.
Costal Zone Atlas.
Sub-Area Maps.
Sub-Area Maps.
Flood Insurance rate Map (FIRM~.
Sub-Area Maps. FIRM Map.
Sub-Area Maps~ ~nc ~ ~ ~
SECTION 6.20 ENVIRONMENTAL.~SENSITIVE AREA GOALS AND POLICIES.
The following goals and policies shall apply to all nonexempt
proposals located within ESA areas. Project approval shall be
evaluated against these goals and policies, as well as those
listed in subsection 8.20 of this °rdinance.
A. Goals.
(1) To protect life and property from flooding, uneven settle-
ment, landslides, erosion, and other disruptions that may be
associated with environmentally sensitive areas.
(2) To recognize the unique natural constraints and character-
istics of sensitive areas and to maintain or enhance the
quality of such areas.
(3) To avoid needless public and private costs from actions
within environmentally sensitive areas resulting in negative
impacts such as damage to life and property.
(4) To promote public health, safety, and general welfare.
B. Policies
In addition to the City policies identified in subsection 8.20 of
this ordinance all nonexempt projects located within an ESA shall
be reviewed for compliance with the following policies:
(1) Proposed actions within environmentally sensitive areas
should be managed according to the severity of natural character-
istic~ and cons't~aints~.
(2) Property owners, prospective property owners, and the general
public should be informed about the potential hazards in environ-
mentally sensitive areas.
(3) The existing vegetative cover should be maintained on all pro-
ject sites to the greatest extent feasible. Where removal of
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vegetation is necessary, a reasonable effort should be made to
replant vegetative cover, stabilize the soil, and prevent erosion.
(4) Site restoration should be provided if land surface modifi-
cations violate these adopted policies or if construction does not
ensue within a reasonable period of time.
(5) Ail possible efforts should be made to ensure that land
surface modifications would not induce excessive erosion, destabi-
lize adjacent lands, or scar the landscape.
(6) The use of cluster design, proper surface water drainage,
and other mitigative techniques should be used in an effort to
avoid unsuitable lands and minimize hazards to life and property.
(7) The watershed boundaries of publicly owned water supply
systems and significant marsh and wetland areas should not be
subjected to potential pollution sources.
(8) The modification of marsh and wetland areas should be avoided.
(9) Significant wildlife habitats designated as environmentally
sensitive areas should be protected from deleterious effects of
proposed actions.
(10) Special consideration for project design should be given in
areas of ponding, highly compressible soils or steep slopes.
(11) In areas of former or active landslides and along slopes
determined to be unstable, no land modification or related ac~
tivities should occur without a favorabl~geologic investigation
demonstrating that hazerdous conditions do not exist or that
mitigative techniques can be used to ensure safety to life
and property. The geologic investigation should be prepared by
a qualified soils engineer or engineering geologist.
SECTION 6.30 ENVIRONMENTALLY SENSITIVE AREA DETERMINATION.
(1) The responsible official shall determine whether a proposal
is located in an ESA using the maps cited in subsection 6.10.
(2) Site-specific information concerning soils, geology, hydro-
logy, and other revelant data may be required of the applicant in
making the determination. The applicant shall be responsible for
the accuracy and validity of the information submitted on--their
behalf.
SECTION 6.40 CATEGORICALLY EXEMPT DETERMINATION.
(1) An administrative review by the City shall determine if an
action is categorically exempt from SEPA if the proposed action
is within an Environmentally Sensitive Area.
(2) Pursuant to WAC 197-11-908 (2), the City adopts by refer-
ence that the following categorical exemptions do not apply when
a proposal or part of a proposal is located within an Environ-
mentally Sensitive Area. WAC 197-11-800(1),(2) (a through h),
(3), (5), (6), (a), (14.) (c); (24) (a through g), and (25) (d), (f), (i).
oposed actions wholly or partially within an ESA deter-'
non,exempt shall be reviewed for a threshold deter-
mination under section 4 of this ordinance. These actions shall
be treated no differently than other non-exempt actions reviewed
under this ordinance. An EIS shall not be automatically required
for a proposal merely because it is located in an ESA.
(4) Certain exemptions do not apply on land covered by water,
and this remains true regardless of whether or not lands covered
by water are mapped.
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7. COMMENTING
SECTION 7.10 ADOPTION BY REFERENCE. This section contains
rules for consulting, commenting, and responding on all environ-
mental documents under SEPA, including rules for public notice
and hearings. The City adopts the following sections by reference,
as supplemented in this part:
WAC
197-11-500
197-11-502
197-11-504
197-11-508
197-11-535
197-11-545
197-11-550
197-11-560
197-11-570
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
Consulted agency costs to assist lead agency.
!
SECTION 7.20 PUBLIC NOTIC~E.- (1) Whenever a DNS under WAC
197-11-340(2) or ~' DS under W~C 197-1'1-360(3) is issued public
notice shall be given as follows by the City:
(a) If public notice is required for a nonexempt license or
permit, the notice shall state whether a DS or DNS has been issued
and when comments are due.
(b) If no public notice is required for the permit or
approval, notice of the DNS or DS shall be given by using at least
one of the following methods:
(i) Posting the property, for site-specific proposals;
(ii) Publishing notice in a newspaper of general
circulation in the county, city, or general area where the pro-
posal is located;
(iii) Notifying public or private groups which have
expressed interest in a certain proposal or in the type of
proposal being considered;
(iv) Notifying the news media;
(v) Placing notices in appropriate regional, neighbor-
hood, ethnic, or trade journals;
(vi) Publishing notice in agency newsletters and/or
sending notice to agency mailing lists.
(vii) Any other reasonable method deemed appropriate by
the responsible official.
(c) Whenever a DS is issued under WAC 197-11-360(3), the
scoping procedure for the proposal shall be stated in the DS as
required in WAC 197-11-408 and in the public notice.
(2) Whenever a DEIS is issued under WAC 197-11-455(5) or a SEIS
under WAC 197-11-620, notice of the availability of those docu-
~ents,~ll be given by:
(a) Indicating the availability of the DEIS in any public
notice required for a nonexempt license or permit; and using at
least one of the following methods:
(b) Posting the property, for site-specific proposals;
(c) Publishing notice in a newspaper of general circulation
in the county, city, or general area where the proposal is located;
(d) Notifying public or private groups which have expressed
interest in a certain proposal or in the type of proposal being
considered;
(e) Notifying the news media;
(f) Placing notices in appropriate regional, neighborhood,
ethnic, of trade journals;
(g) Publishing notice in agency newsletters and/or sending
notice to agency mailing lists;
(h) Any other reasonable method deemed appropriate by the
responsible official.
(3) 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. The public comment period for projects requiring other
City licenses, permits or approvals, shall be the same as that
required by the license, permit, or approval or fifteen (15)
working days, whichever is greater.
(4) The City will require an applicant to complete the public notice
requirements for the proposal at this or her expense.
SECTION 7.30 D.ESIGNAT~D. QF~ICIAL TO PERFORM CONSULTED AGENCY
RESPONSIBILITIES.
(1) The ~ity.~%!ding Departmentshall be responsible for pre-
paration of written comments for the City in response to a
consultation request prior to a threshold determination, parti-
cipation in scoping, and reviewing a DEIS.
(2) This department 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 en-
sure that responses to consultation requests are prepared in a
timely fashion and include data from all appropriate City depart-
ments.
8~..SEPA DECISIONMAKING AU~HORI.Ty.~. USE OF EXISTING DOCUMENTS AND
APPEALS
SECTION 8.10 ADOPTION BY REFERENCE. This part contains rules
and policies for SEPA's substantive authority, such as decisions
to mitigate or reject proposals as a result of SEPA.~ Rules for
using and supplementing existing environmental documents pre-
pared under SEPA or the National Environmental Policy Act (NEPA)
for the City's own environmental compliance are also described.
This section also describes procedures for appealing SEPA deter-
minations to agencies or the courts.
The City adopts the following sections by referenCe~:
WAC
197-11-600
197-11-610
197-11-625
197-11-630
197-11-635
197-11-640
197-11-650
197-11-655
197-11-660
197-11-680
When to use exis.tin~ environmental documents.
Use of NEPA documents~ -~ .....
Supplemental environmental impact sta~fement--
procedures.
Addenda--Procedures.
Adoption--Procedures.
Incorporation by reference--Procedures.
Combining documents.
Purpose of this part
Implementation.
Substantive authority and mitigation.
Appeals.
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SECTION 8.20 SUBSTANTIVE AUTHORITY.
(1) The policies and goals set forth in this ordinance are
supplementary to those in the existing authorization of the City
of Port Townsend.
(2) The City may attach conditions to a permit or approval for a
proposal so long as:
(a) Such conditions are necessary to mitigate specific pro-
bable adverse environmental impacts indentified in environmental
documents prepared pursuant to this ordinance; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions
are reasonable and capable of being accomplished.; and
(d) The City has considered whether other local, state, or
federal mitigation measures applied to the proposal are suf-
ficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more policies in
Subsection (4) of this section and identified in writing in the
license, permit or other decision document.
(3) The City may deny a permit or approval for a proposal on the
basis of SEPA so long as:
(a) 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
ordinance; and
(b) A finding is made that there are no-_reasonable miti-
gation measures capable of being accomplished that are sufficient
to mitigate the identified impact; and
(c) The denial is based on one or more policies indentified
in subsection (4) of this section and identified in writing in the
decision document.
(4) The City designates and adopts by reference the following
policies as the basis for the City's exercise of authority
pursuant to this section:
(a) The City 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:
(i) Fulfill the responsibilities of each generation
as trustee of the environment for succeeding generations;
(ii) Assure for all people of washington safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the
environment without degradation, riskto health or safety, or
o%he~esirable and unintended-consequences;
(iv) Preserve important historic, cultural, and natural
aspects of our national heritage;
(v) Maintain, wherever possible, an environment which
supports diversity and variety of individual choice;
(vi) Achieve a balance between population and resource
use which will permit high standards of living and a wide sharing
of life's amenities; and
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(vii) Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable resources.
(b) The City recognizes tkat each'person~has a funda-
mental and inalienable right to a hea.i, thful environment and that
each person has a responsibility to contribute to the preservation
and enhancement of the environment.
(c) The City adopts by reference the policies in the
following City plans, resolutions, ordinances standards, and codes:
1. City Comprehensive Plan and any amendments
adopted pursuant thereto.
2. City Subdivision Ordinance.
3. Jefferson County - Port Townsend Shoreline
Management Master Program.
4. City Floodplain Management Ordinance.
5. City Building Code Ordinance.
6. City Road, Traffic and Circulation Standards.
7. City Zoning Ordinance.
8. Ail other City resolutions, ordinances, plans,
and Guidelines effective now or after the date
of this ordinance.
SECTION 8.30 APPEALS.
(1) Except for permits and variances issued pursuant to the
Jefferson Port Townsend Shoreline Management Master Program, when
any proposal or action not requiring a decision of the City
Council is conditioned or denied on the basis of SEPA by the
responsible official, the decision shall be appealable to the
City Council. Such appeal may be perfected by the proponent
or any aggrieved party by giving notice to the responsible of~
ficial within ten days of the decision being appealed. Review
by the City Council shall be on a de novo basis.
(2) The City shall give official notice under WAC 197-11-680(5)
whenever it issues a permit or approval for which a statute or
ordinance establishes a time limit for commencing judicial appeals.
(3) The City, applicant for, or proponent Of an action may publish
a notice of action pursuant to RCW 43.21C.080 for any action.
The notice shall describe the action and state a time limitation for
commencing a challenge to that action. The form of the notice
shai~ ~~- stantially in the form provided in WAC 197-11-990.
The notice shall be published by the City clerk, applicant or
proponent pursuant to RCW 43.21C.080.
FEES,. FORMS SEVERABiLiTY,. RE~EAL ANp. ADOPT~QN
SECTION 9.10 FEES. The City shall requ'ire the following
fees for its activities in accordance with the provisions of this
ordinance:
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(1) Threshold determinations. For every environmental checklist
the City reviews when it isl ead agency, (excluding checklists' for
subdivision or shorelines substantial development permit review),
the City shall collect a fee of $50.00 plus any publication or
notice costs from the proponent. This fee shall be collected
prior to undertaking the threshold determination. The time per-
iods provided by this ordinance for making a threshold determina-
tion shall not begin to run until fee payment is made.
(2) Environmental impact statements.
(a) When the City is lead agency for a proposal requiring
an EIS, and the EIS is prepared by the City, the City shall
charge the applicant a fee to cover all costs incurred by the
City.
(b) When the City is the lead agency for a proposal re-
quiring an EIS, and the EIS or portions of the EIS are prepared by
a consultant, the applicant shall pay all consultant fees. Such
consultants shall be selected by mutual agreement of the City
and applicant.
(c) The county may require the applicant to post bond or
otherwise ensure payment of all such costs. The responsible
official shall advise the applicant of the pro~ected cost for
the EIS prior to actual preparation.
(d) The City shall collect a fee from the applicant to cover
the City's review of the EIS plus all costs incurred in meeting
the public notice requirements of this ordinance.
(e) If a proposal is modified so that an EIS is no longer
required, the responsible official shall refund any fees collected
under (a) or (b) of this subsection which remain after incurred
costs are paid.
(3) The City shall not collect a fee for performing its duties as
a consulted agency.
(4) The City will charge any person for copies of any doCument
prepared under this ordinancet and for mailing the document, in
a manner provided by chapter 42.17 RCW.
SECTION 9.20 FORMS. The City adopts the following forms
and sections by reference:
WAC
197-11-960
197-11-965
197-11-970
197-11-980
197-11-985
197-11-990
Environmental Checklist.
Adoption notice.
Determination of nonsignificance (DNS).
Determination of significance and scoping
notice (DS).
Notice of assumption of lead agency status.
Notice of action.
SECTION 9.30 SEVERABILITY. If any provision of this ordinance
or its application to any person or circumstance is held invalid,
the remainder of this ordinance, or the application of the provision
to other persons or circumstances, shall not be affected~
759 and 17~2-
SECTION 9.40 REPEAL. Ordinance Numbe~ , codified as
chapter 19.04 of the Port Townsend Municipal Code, is here
and hereby repealed.
SECTION 9.50 ADOPTION. The ordinance shall take effect upon its
passage, approval and publication in the form and manner provided by
law.
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Read for the first, second and third times, passed by the
Council and approved by the Mayor on October ~ .,1984.
Attest:
DAVID GROVE, City Clerk
ApprOved as toj ~rm:
KEITH C. HARPER,V'C~ity Attorney
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