HomeMy WebLinkAbout1759 Environmental Protection GuidelinesORDINANCE NO. 1759
AN ORDINANCE ADOPTING ENVIRONMENTAL PROTECTION
GUIDELINES, ADOPTING STATE GUIDELINES, AND
ESTABLISHING OFFICES AND PROCEDURES THEREFOR.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION
ASSEMBLED, DO ORDAIN AS FOLLOWS:
POLICIES AND AUTHORITY. (1) The City
of Port ~uwnsehd hereby adopts by reference the policies of
the State Environmental Policy Act as expressed in RCW 43.21C.
020.
(2) The city posesses the authority to deny or condition
actions so as to mitigate or prevent adverse environmental im-
pacts. This authority applies to all city activities including
actions as defined in this ordinance, as well as activities
which are categorically exempted or excluded from the definition
of action, whether or not such activities are considered to be
ministerial in nature.
:;:~;~?~::~'~,'~020 ADOPTION BY REFERENCE The City hereby
adopts by refer~the following sections or subsections of
chapter 197-10 of the Washington Administrative Code (the "SEPA
Guidelines" adopted by the state of Washington, council on
environmental policy):
WAC 197-10-040:
.;~!~060:
-160:
-170:
-175:
-180:
-200:
-203:
-205:
-210:
Definitions.
Scope of a Proposal and its impacts.
No Presumption of Sigificance for
Non-Exempt Actions.
Categorical Exemptions.
Exemptions and Non-Exemptions Appli-
cable to Specific State Agencies.
Exemptions for Emergency Actions.
Lead Agency--Responsibilities.
Determination of Lead Agency--Pro-
cedures.
Lead Agency Designation--Governmental
Proposals.
Lead Agency Designation--Proposals
involving Both Private and Public Con-
struction.
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-215:
-220:
-225:
-230:
-235:
-240:
-245 :~
-260:
-270~
-300:
-305:
-310:
-320:
-300:
-305:
-310:
-320:
-330:
-340:
-345:
-350:
-355:
-360:
Lead Agency Designation--Private Projects
for which There is Only One Agency.
Lead Agency Designation--Private Projects,
Licenses From More than One Agency When
One is City.
Lead Agency Designation--Private Projects,
License From More Than One State Agency.
Lead Agency Designation--Specific Pro-
posals.
Local Agency Transfer of Lead Agency
Status to a State Agency.
Agreements as to Lead Agency Status.
Agreements Between Agencies a~ to Divi-
sion of Lead Agency Duties.
Dispute as to Lead Agency Determination
--Resolution by CEP~
Assumption of Lead Agency by Another
Agency with Jurisdiction.
Threshold Determination Requirement.
Recommended Timing for Threshold Deter-
mination.
Threshold Determination Procedures--
Environmental Checklist.
Threshold Determination ProcedureSv-
Initial Review of Environmental
Checklist.
Threshold Determination Requirement.
Recommended Timing for Threshold Deter-
mination.
Threshold Determination Procedures--
Environmental Checklist.
Threshold Determination Procedures--
Initial Review of Environmental
Checklist.
Threshold Determination PrOcedures--
Information in Addition to Checklist.
Threshold Determination Procedures--
Negative Declarations.
Assumption of Lead Agency Status by
Another Agency with Jurisdiction--Pre-
requisites, Effect and Form of NotiCe.
Affirmative Threshold Determinations.
Form of Declaration of Significance/Non-
Significance.
Threshold Determination Criteria--Applica-
tion of Environmental Checklist.
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-365: Environmental Checklist.
-370: Withdrawal of Affirmative Threshold Deter-
mination.
-375: Withdrawal of Negative Threshold Deter-
mination.
-390: Effect of Threshold Determination by Lead
Agency.
-400: · Duty to Begin Preparation of a Draft EIS.
-410: Pre-Draft Consultation Procedures.
-425~ Organization and Style of a Draft EIS.
-440: Contents of a Draft EIS.
-442: Special Considerations Regarding Contents
of an EIS.
-444: List of Elements of the Environment.
-450: Public Awareness of Availability of Draft
EIS.
-455: ~ir~lation of the Draft EIS--Review
Period.
-460: Specific Agencies to which Draft EIS
shall be sent.
-465: Agencies possessing Environmental Exper-
tise.
-470: Costs to the Public 6or Reproduction of
Environmental Documents.
-480: Public Hearing on a Proposal--when
Required.
-485: Notice of Public Hearing on Environmental
Impact of the Proposal.
-490: Public Hearing on the Proposal--Use of
Environmental Document.
-495: Preparation of Amended or New Draft EIS.
-500: Responsibilities of Consulted Agencies--
Local Agencies.
-510: Responsibilities of Consulted AGencies--
State Agencies with Jurisdiction.
-520: Responsibilities of Consulted Agencies--
State Agencies with Environmental Exper-
tise.
Responsibilities of Consulted Agencies--
When Pre-Draft Consultation has Occurred.
Cost of Performance of Consulted Agency
Responsibilities.
Limitations on Responses to Consultation.
Effect of No Written Comment.
Preparation of the Final EIS--Time Period
allowed.
-530:
-535:
-540:
-545:
-550:
-3-
-570:
-580:
-600:
-650:
-652:
-660:
-690:
-695:
-700:
-710:
-830:
-835:
-840:
Preparation of Final EIS--When no Critical
Comments Received on the Draft EIS.
Preparation of the Final EIS--Contents--
When Critical Comments Received on Draft
EIS.
Circulation of the Final EIS.
Effect of an Adequate Final EIS Prepared
pursuant to NEPA.
Supplementation of a Lead Agency of an
Inadequate Final NEPA EIS.
Use of Previously Prepared EIS for a Dif-
ferent Proposed Action.
Use of a Lead Agency's EIS by Other Acting
Agencies-for the Same Proposal.
Draft and Final Supplements to a Revised
EIS.
No Action for Seven Days After PUblication
of the Final EIS.
EIS Combined with Existing Planning and
Review Processes.
Responsibilities of Agencies--SEPA Public
Information Center.
Regional SEPA Publie Information Centers.
APplications of Agency Guidelines to On-
going Actions.
~?~ ADDITIONAL DEFINITIONS. In addition to
thos~definitions contained within WAC 197-10-040, the following
terms shall have the following meanings, unless the context in-
dicates otherwise:
(1) "Department" means any division, subdivision or
organizational ~nit of the city established by ordinance, rule,
or order.
(2) "SEPA 9uidelines" means chapter 197-10 RCW adopted by
the Council on Engironmental Policy.
~!~!iii!!~!i~%?~!ii~040 TIME LIMITS APPLICABLE TO THE SEPA PRO-
CESS,~ The--foll~ time limits (expressed in calendar days)
shall apply to the processing of all private projects and to
those governmental proposals submitted to this city by other
agencies-.
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(1) CAtegorical Exemptions. Identification of categori-
cally exempt actions shall occur within seven (7) days of sub-
mission of an adequate application;
(2) Threshold Determinations.
(a) For proposals for which the city is the lead agency,
threshold determinations should normally be completed within
fifteen (15) days.
(b) Threshold determinations which can be made based upon
review of the environmental checklist submitted by applicant
should be completed with fifteen (15) days of submission of an
adequate application and the completed checklist. [Use (a) or (b) above, but not both. I
(c) Thresh---old determinations requiring further information
from the applicant or consultation with other agencies with juris-
diction should be completed within fifteen (15) days of receiving
the requested information from the applicant or the consulted
agency; requests by the city for such further information should
be made within fifteen (15) days of the submission of an adequate
application and completed checklist; when a request for further
information is submitted to a consulted agency, the city shall
await a miximum of thirty (30) days for the consulted agency to
respond.
(d) [Optional] Threshold determinations which require
that further studies, including field investigations, be ini-
tiated by the city should be completed within thirty (30) days of
submission of an adequate application and the completed checklist.
(e) The time limits set forth in this subsection shall not
apply to withdrawals of affirmative and negative threshold deter-
minations where such withdrawals are made in accordance with this
Ordinance.
(f) When a threshold determination is expected to require
more th~n fifteen (15) days to complete and a private applicant
requests notification of the date when a threshold determination
will be made, the lead agency shall transmit to the private appli-
cant a written statement as to the expected date of decision.
050 USE OF EXEMPTIONS. (1) The applicability of the exemp-
tions shall be determined by each department within the city by
that department initiating the proposal. A determination by any
such department that a proposal is exempt shall be final and not
subject to administrative review.
(2) IF a proposal includes a series of actions, physically
or functionally related to each other, some of which are exempt
and some of which are not, the proposal is not exempt.
(3) If the proposal includes a series of exempt actions
which are physically or functionally related to each other, but
which together may have a significant environmental impact, the
proposal is not exempt.
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(4) If it is determined that a proposal is exempt, none
of the procedural requirements of these guidelines apply to the
proposal. No environmental checklist shall be required for an
exempt proposal.
(5) A department which is determining whether or not a
proposal is exempt shall ascertain the total scope of the p~--
posal and the governmental licenses required. IFa proposal
includes a series of actions, physically or functionally
related to each other, some of which are exempt and some which
are not, the proposal is not exempt. For any such proposal,
the lead agency shall be determined, even if the license appli-
cation which triggers the department's consideration is other-
wise exempt. If the lead agency is the city, then the responsible
official shall be designated.
(6) If a proposal includes both exempt and nonexempt
actions, exempt actions may be authorized with respect to the
proposal prior to compliance with the procedural requirements
of these guidelines subject to the following limitations:
(a) No major action (nonexempt action) shall be authorized;
(b) No action shall be authorized which will irrevocably
commit the city to approve or authorize a mQjor action;
(c) A department may withhold approval of an exempt action
which would lead to modification ~f~he~h~si~atJe~vironment,
when such modification would serve no purpose ~flater approval of
a major action is not secured; and
(d) A department may withhold approval of exempt actions
which would lead to substantial financial expenditures by a
private applicant which would serve no purpose if later approval
of a major action is not secured.
060 LEAD AGENCY DETERMINATION AND RESPONSIBILITIES.
(1) Any department within the city receiving or initiating a
proposal any portion of which involves a mmjor action, shall
determine the lead agency for that proposal pursuant to the
criteria set sorth in section WAC 197-10-205 through -270,
using the procedures of WAC 197-10-203. This determination shall
be made for each proposal involving a m~jor action unless the lead
agency has been previously determined, or the department is m~are
that another department or agency is in the process of determining
the lead agency. A lead agency must be an agency with jurisdiction.
(2) In those instances ~n which the city is the lead agency,
the responsible official of the city shall supervise compliance
with the threshold determination, and if an EIS is necessary, shall
supervise preparation of the draft and final EIS.
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(3) In those instances in which the city is not the
lead agency under the criteria of WAC-197-10-205 through-270,
all departments of the city, subject to the limitations of
WAC 197-10-390, -660, and -690 shall utilize and consider as
appropriate either the declaration of no~ignificance or the
final EIS of the lead agency in conjunction with the decisions
of the city on the proposal, In such instances, no city
department shall prepare or require preparation of a declaration
of nonsignificance or EIS in addition to that prepared by the
lead agency.
44) In the event that the city or any department thereof
receives a lead agency determination made by another agency
which does not appear to be in accord with the criteria of
WAC 197-10-205 through -245 it may object thereto. Any such
objection must be made and resolved within fifteen (15) days
of receipt of the determination, or the city must petition
CEP for a lead agency determination pursuant to WAC 197-10-260
with the fifteen (15) day time period. Any such petition on
behalf of the city shall be intiated by the City Engineer.
(5) Departments of the city are authorized to make
agreements as to lead agency status pursuant to Wac 197-
10-240 and WAC 197-10-245: PROVIDED, that &FY such agreement
involving assumption of lead agency status by the city will
first be approved by the responsible official for the city and
that any department which will incur responsibilities as a
result of any such agreement will approve the agreement.
(6) Any department making a lead agency-determination for
a private project shall require sufficient information from the
applicant to ascertain which other agencies have juristiction
over the proposal.
070 TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY.
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 of the city may elect
to transfer the lead duties to that state agency with juris-
diction appearing first on the priority listing in WAC 197-
10-225. In such event, the state agency so determined shall
be the lead agency and the city shall be an agency with juris-
diction. Transfer is accomplished by the reasponsible official
of the city transmitting 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 city shall also give notice of the transfer to
the private applicant and any other agencies with jurisdiction
over the proposal.
-7-
080 ENVIRONMENTAL CHECKLIST. (1) Except as provided
in WAC i"97-10-300(2), a completed environmental checklist, or
a copy thereof, substantially in the form provided in WAC 197-
10-365 shall be filed at the same time as an application for a
permit~ license, certificate, or other entitlement for use not
specifically exempted herein. This checklist shall be the basis
for a determination by the city as to lead agency status and if
the city is determined to be the lead agency, then for the
threshold determination.
(2) For all proposals for which the city is the lead agency,
the responsible official of the city shall make the threshold
determination pursuant to the criteria and procedures of WAC 197-
10-300 through -365.
090 PREPARATION OF EIS. (1) The draft and final EIS
shall b--~ prepared either by the responsible official or his designee
or by a private applicant or a consultant retained by the private
applicant. In the event the responsible official determines that
the applicant will be required to prepare an EIS, the applicant
shall be so notified immediately after comple~6n~of the threshold
determination.
(2) In the event that an EIS is to be prepared by a private
applicant or a consultant retained by the private applicant, the
responsible official shall assure that the EIS is D~epared in a
responsible m~er and with appropriate methodology. The res-
ponsible official shall direct the areas of research and exami-
nation to be un4ertaken, as well as the organization of the
resulting document.
(3) In the event that the responsible official or his
designee is preparing an EIS, the responsible official may
require a private applicant to provide data and information
which is not in the possession of the city relevant to any or
all areas to be covered by the EIS.
(4) No matter who participates in the preparation of an
EIS, it must be approved by the responsible official prior to
distribution.
100 ADDITIONAL ELEMENTS TO ~E COVERED IN AN EIS. The
follow--~g additional elements are part of the engironment for
the purpose of EIS content, but do not add to the criteria for
threshold determinations or perform any other function or pur-
pose under these rules:
( 1 ) Emp loymen t.
( 2 ) Economy.
(3) Tax base.
(4) Cultural factors.
-8-
(5) Quality of life.
(6) Neighborhood cohesion.
(7) Sociologial factors.
[This section is completely optional. If used, any of the
listed elements may be selected, or you may add your own.]
101 DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY
RESPONSIBILI~ES FOR THE CITY. (1) The following office shall
be responsible for the preparation of the written comments for
the city in response to a consultation request prior to a
threshold determination, participation in predraft consultation,
or reviewing a draft EIS: City Engineer's Office
(2) The official designated in paragraph (1) hereof shall
be responsible for compliance by the city with WAC 197-10-500
through -540 wherever the city is a consulted agency, and is
hereby authorized to develop operating procedures which will
ensure that responses to consultation requests appropriate
departments of the city.
102 DESIGNATION OF RESPONSIBLE OFFICIAL.
(1) For those proposals for which the city is the lead agency,
the responsible official shall be the City Engineer.
(2) The responsible official shall make the threshold
determination, supervise preparation of any required EIS, and
perform any other functions assigned to the "lead agency" or
"responsible official" by those sections of the SEPA guidelines
which were adopted by reference in WAC 173-805-020 hereof,
for all proposals for which the city is the lead agency.
103 SEPA PUBLIC INFORMATION CENTER. (1) The following
location constitutes the city's SEPA public information center:
City Engineer
City Hall
Port Townsend, Washington
Telephone: 385~3000
(2) All reasonable means will be used to make the existence
and location of the city's SEPA public information center known
to both the public generally and the employees of the city.
(3) The SEPA public information center shall contain the
documents and provide the services required by WAC 197-10-830.
(4) In the event that a regional public information office
is established, the city office may move to and conso~date with
such regional office.
-9-
104 COSTS. Ail costs connected with environmental assess-
ment shall be born by the applicant.
105 BUDGET. Nothing herein shall be deemed to require
any en~ronmental assessment of any kind in connection with
annual or supplementary budgets.
106 SEVERABILITY. If any provision of this ordinance or
its ap-~ication 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.
THIS ORDINANCE SHALL TAKE EFFECT July 15, 1976.
Read for the first, second and third time. Passed by the Council
and approved by the Mayor this 6th day of July, 1976.
&~ ~/ Mayor
Attest:
Approved as to Form:
-10-