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.