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HomeMy WebLinkAbout2626 SEPA Checklist Required for Short SubdivisionsOrdinance No. ~=~9(~o9 6, - AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 19.04.090, USE OF EXEMPTIONS, CHAPTER 19.04, STATE ENVIRONMENTAL POLICY ACT OF THE PORT TOWNSEND MUNICIPAL CODE, TO REQUIRE APPLICANTS FOR SHORT SUBDIVISIONS TO PROVIDE A SEPA CHECKLIST IN ORDER TO DISCLOSE ANY NON-SEPA-EXEMPT ENVIRONMENTAL IMPACTS WHEREAS, the State Environmental Policy Act (SEPA), WAC 197-11-800(6)(a), provides that all short subdivisions are categorically exempt from SEPA review; and WHEREAS, although a project may be categorically exempt from SEPA review, WAC 197-11-305 provides that categorically exempt projects may require SEPA review if the project includes non-exempt actions defined by SEPA to be subject to environmental review under the Act, Chapter 43.21C RCW; and WItEREAS, one of the strategies the City of Port Townsend has undertaken to implement the principles of regulatory reform is clarification of the City's Subdivision Code, raising the short subdivision threshold to the maximum number of lots permissible by law (9 lots), thereby reducing procedural burdens, delays and costs associated with regulatory review of relatively small-scale land development actions; and WHEREAS, in setting the short subdivision threshold at 9 lots, the City Council recognized that all short subdivisions would be categorically exempt from SEPA review. However, the City Council intended to retain the need to review other components of short subdivision applications which are not categorically exempt from SEPA review, and are reviewable in any land development application; and WHEREAS, in enacting a 9-lot short subdivision threshold, the City Council did not intend to exempt from environmental (SEPA) review any non-exempt probable, significant adverse environmental impacts or to accord applicants for short subdivisions any special treatment under environmental laws; and WHEREAS, in order for the City to have adequate information to identify environmental impacts which are not exempt from SEPA review, the City needs a tool to require the identification of such information. The SEPA checklist (WAC 197-11-960) is the document provided by SEPA for disclosure of environmental information; and WHEREAS, the City Council deems it necessary and appropriate that all applicants for short subdivision approvals provide a SEPA checklist with their application materials, in order to provide adequate information to identify probable significant adverse environmental impacts reviewable pursuant to Chapter 43.21C RCW and WAC 197-11-305, NOW, THEREFOPdg, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Chapter 19.04, State Environmental Policy Act, Section 19.04.090, Use of exemptions, of the Port Townsend Municipal Code is hereby amended to read as follows: 19.04.090 Use of exemptions. A. Upon receipt of an application for a proposal, and for city proposals, the responsible official shall determine whether the proposal is an action potentially subject to SEPA and, if so, whether it is categorically exempt. This determination shall be made based on the definition of action (WAC 197-11-704), the process for determining categorical exemption (WAC 197-11-305) and the designation of environmentally sensitive areas under PTMC 19.04.160. The responsible official's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter applies to the proposal. WAC 197-11-800. Except as provided in subsection B herein, t~he city shall not require completion of an en-Aronmental checklist for an exempt proposal, unless the proposal would have a probable significant adverse environmental impact or a checklist should be prepared to be consistent with WAC 197-11-305. B. Applicants for short subdivisions (exempt from SEPA review in accordance with WAC 197-11-800(6)(a)) shall submit an environmental checklist to provide necessary, information for the city. to determine whether the proposal includes any non-SEPA-exempt probable significant adverse environmental impacts reviewable pur~uarlt to WAC 197-11-305. t~ C. In determining whether or not a proposal is exempt, the responsible official 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 responsible official shall determine the lead agency, even if the license application that triggers the responsible official's consideration is exempt. e D. If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The responsible official 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 responsible official may withhold 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 2 Ord. 3. The responsible official 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. ~ § 1, 1998; Ord. 2534 § 1, 1996; Ord. 2367 § 3, 1993). 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 consfitutonality 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. Juli~,~cCulloch, M~yor Attest: Pam Kolacy, App ~ahii6, City Atto~'~y 01/27/98 Ord\{ 1904090.doc} 3 Ora.