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HomeMy WebLinkAbout2627 Fee for Review of SEPA ChecklistsOrdinance No. 7 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 20.09.030, ENVIRONMENTAL AND DESIGN REVIEW FEES, CHAPTER 20.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES, OF THE PORT TOWNSEND MUNICIPAL CODE, ADDING A $50.00 FEE FOR REVIEW OF SEPA CHECKLISTS FOR PROJECTS THAT ARE CATEGORICALLY EXEMPT FROM SEPA REVIEW TO PROVIDE FOR DISCLOSURE OF ANY NON-EXEMPT ENVIRONMENTAL IMPACTS WHEREAS, in Ordinance No. ~, o2 ~ , the Port Townsend City Council has amended Chapter 19.04 PTMC to require submittal of a SEPA checklist for all short subdivision applications. The findings of Ordinance No. ~ b, 2 ~ are incorporated herein by this reference; and WHEREAS, under existing City Code, an applicant submitting an environmental checklist is charged $250 for checklist review. The Council deems that charge to be excessive where SEPA checklists are reviewed for the sole purpose of identifying any non-exempt aspects of projects which are exempt from SEPA review; and WHEREAS, the Council hereby establishes a $50.00 fee for Building and Community Development (BCD) review of SEPA checklists for SEPA-exempt projects. By establishing this fee, the Council intends to reasonably offset the cost to the public of this service, which is provided to property development applicants, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Chapter 20.09, Land development permit application and appeal fees, Section 20.09.030, Environmental and design review fees, of the Port Townsend Municipal Code is hereby amended to read as follows: 20.09.030 Environmental and design review fees. Fees for conducting environmental review of projects pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, et seq. and Chapter 19.04 PTMC, and for historic preservation design review pursuant to Chapter 17.80 PTMC are additional to general application fees and shall be as follows: A. SEPA Review. The base fees for SEPA review shall be paid by the private applicant prior to the city's circulation of an environmental checklist, threshold determination or EIS. 1. Environmental checklist threshold determination: for minor projects, $250.00, Plus $50.00 per hour for each additional hour of staff time in excess of six hours; provided, that a credit of $150.00 shall be applied if an environmentally sensitive area permit is also required for the proposal; for major projects, $500.00, plus $50.00 per hour of staff time spent in excess of 10 hours, with a credit of $150.00 if an environmentally sensitive area permit is also required for the proposal; 2. Environmental checklist review for: (a) short subdivisions; and (b) other projects which are exempt from SEPA, where the BCD director has reason to believe the project may include non-SEPA- exempt actions, activities or impacts: $50.00; provided, that if checklist review identifies environmental impacts which are not exempt from SEPA review, fees for SEPA review shall be pursuant to Section 20.09.030A. 1 herein, with the $50.00 fee credited against other chargeable fees. ~ 3. Environmental impact statements (EIS) following issuance of a determination of significance (DS), including any supplemental EIS and/or addenda to the EIS: $1,000 deposit, or such additional sum as determined by the director of BCD, based upon cost estimates provided by a professional consultant selected by the city to prepare and/or review the EIS. The applicant shall pay the projected amount, or submit a letter of credit or post a bond to the city. The full cost of the EIS will be charged to the applicant, including all expenses for consultant preparation costs, including peer review, if necessary; $50.00 per hour of staff time spent in the preparation and review of the ElS; and the cost of preparation and publication of the EIS, including printing, collating, binding and circulation of the EIS. In the event the actual cost of the draft and final EIS exceeds the estimated cost, the applicant shall immediately pay the excess prior to continued processing and/or final action by the city, The city will refund the excess deposit, if any, after incurred costs, including overhead, are paid. The city may charge any person for copies of any document prepared under Chapter 19.04 PTMC, and for mailing the environmental document in the manner provided by Chapter 42.17 RCW; 5 4. Environmentally sensitive area peer reviews: the full costs, paid in advance, of any third party charges which may accrue. B. Historic preservation committee design review for major projects: $500.00, plus $50.00 per hour of stafffime in excess of 10 hours. (Ord. ~ § 1, 1998; Ord. 2523 § 1, 1996). SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 2nd day of February, 1998. Attest: Pam Kolacy, City Clerk 0 01/27/98 Ord\{2OO9030.doc} Approved as to Fo : 'dy t Attorney 2 Ord.