ORD 74-03 STATE ENVIRONMENTAL POLICYCITY OF POULSBO ORDINANCE 74-7
CITY OF WINSLOW ORDINANCE 74-3
AN ORDINANCE IMPLEMENTING THE STATE ENVIRON-
MENTAL POLICY ACT WITHIN THE CITY LIMITS OF
THE CITY OF POULSBO AND THE CITY OF WINSLOW
THROUGH THE ADOPTION OF A CITY ENVIRONMENTAL
POLICY AND THROUGH THE ESTABLISHING OF PRO-
CEDURES FOR DETERMINING AND CONSIDERING THE
ENVIRONMENTAL IMPACT OF ACTIONS TAKEN BY THE
CITY AND ESTABLISHING CATEGORICAL DETERMINATIONS
OF ENVIRONMENTAL SIGNIFICANCE
The City Councils of the Cities of Poulsbo and Winslow
do ordain as follows:
SECTION 1. DEFINITIONS.
A. "CITY" means either the City of Poulsbo if the action
is to occur within the city limits or within the jurisdiction of the
City of Poulsbo or the City of Winslow if the action is to occur
within City limits or jurisdiction of the City of Winslow.
B. "EIA" means Environmental Impact Assessment.
C. "EIS" means Environmental Impact Statement.
D. "GUIDELINES" refers to the Guidelines for Implementation
of the State Environmental Policy Act of 1971 and any amendments
thereto as promulgated by the Washington State Department of Ecology.
E. "NEPA" means the National Environmental Policy Act of
1969 as amended and codified as 42 U.S.C. Section 4321, et seq.
F. "NON-CITY AGENCY" means any federal agency, state
agency, municipal and public corporation, other than the cities of
Poulsbo and Winslow.
G. "PERSON" means an individual, partnership, corporation,
trust, association, organization, cooperative or other member of the
public. The term "person" does not include federal, state or local
governments or the agencies of such governments.
H. "RESPONSIBLE OFFICIAL" means the official within whose
jurisdiction a proposal originates, the first official in the city
to be confronted with decision or approval, disapproval, or change of
a proposal of any or all of several public officials at succeeding
levels who may all have decisive action to take on a proposal. When
an action is initiated before the Planning Commission the Chairman
shall be deemed the "responsible official" When a permit is to be
issued, the issuing or approving official shall be the responsible
official and the elected or appointed official requesting or
introducing any legislation before the city shall be deemed the
responsible official. Any dispute as to who is the responsible
official for any proposed action shall be resolved by the Mayor of
the city.
SECTION 2. CITY ENVIRONMENTAL POLICY.
The City hereby adopts the following environmental
policy and objectives.
A. The City, recognizing that man depends on his biological
and physical surroundings for food, shelter, and other needs, and for
cultural enrichment as well; and recognizing further the profound
impact of man's activity on the interrelations of all components of
the natural environment, particularly the profound influences of
population growth, high-density urbanization, industrial expansions,
resource utilization and exploitation, and new and expanding techno-
logical advances and recognizing further the critical importance of
restoring and maintaining the environmental quality to the overall
welfare and development of man, declares that it is the continuing
policy of the city, in cooperation with state and federal governments,
and other concerned public and private organizations, to use all
practicable means and measures, including financial and technical
assistance, in a manner calculated to foster and promote the general
welfare, to create and maintain conditions under which man and
nature can exist in productive harmony, and fulfill the social,
economic and other requirements of present and future generations
of residents of the city.
B. In order to carry out the policy set forth in this
ordinance, it is the continuing responsibility of the city and all
departments thereof to use all practical means, consistent with
other essential considerations of state, county and city policies,
to improve and coordinate plans, functions, programs, and resources
to the end that the state, city and its citizens may:
(1) Fulfill the responsibilities of each generation
as trustee of the environment for succeeding generations;
(2) Assure for all the people of the city and of the
State of Washington safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of
the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences;
(4) Preserve important historic, cultural, and
natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment
which supports diversity and variety of individual choice;
(6) Achieve a balance between population and
resource use which will permit high standards of living
and a wide sharing of life's amenities; and
(7) Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable
resources.
C. The city recognizes that each person has a fundamental
and inalienable right to a healthful environment and that each person
has a responsibility to contribute to the preservation and enhance-
ment of the environment.
D. To the fullest extent possible, the policies, regulations
and laws of the state of Washington and ordinances of the city shall
be interpreted and administered in accorance with the policies set
forth in this ordinance.
E. To the fullest extent possible, the city will utilize
a systematic, interdisciplinary approach which will insure the
intergrated use of the natural and social sciences and the environ-
mental design arts in planning and in decision making which may have
an impact on man's environment.
F. This ordinance sets forth methods and procedures which
will insure that presently unqualified environmental amenities and
values will be given appropriate considerations in decision making
along with economic and technical considerations.
G. The policies and goals set forth in this ordinance
are supplementary to those set forth in existing authorizations of
the state and federal government.
SECTION 3. ENVIRONMENTAL IMPACT ASSESSMENT PROCESS.
The following environmental assessment process is adopted:
ENVIRONMENTAL IMPACT ASSESSMENT AND
STATEMENT PROCESS
ACTION, PROPOSAL OR APPLICATION FOR PERMIT
PREPARATION OF INFORMATION
STATEHENT FOR ASSESSMENT PURPOSES
I
ADDITIONAL FACTUAL DATA FROM
APPLICANT IF REQUIRED BY
RESPONSIBLE OFFICIAL
DETERNINATION~ OF POTENTIAL
DECLARATION OF
INSIGNIFICANT
IMPACT
COMMENTS
ernor
FILE FINAL EIS WITH STATE
Dept. of Ecology
Public Notice
tSIGNIFICIANT
_ IMPACT _
I
I PREPARE DRAFT l'
EIS
I
CIRCULATE FOR INTERNAL
COMMENT AND NOTIFY
PUBLIC (ALLOW 30 DAYS
FOR PUBLIC RESPONSE)
I
PUBLIC HEARING
(IF APPROPRIATE)
i
PREPARE FINAL EIS INCL.
PUBLIC_COMMENTS
I
APPROVAL BY CITY
COUNCIL OF EIS
Ecological
Commi
SECTION 4. PROPOSED ACTIONS REQUIRING A DETERMINATION
OF ENVIRONMENTAL SIGNIFICANCE.
The following actions, unless qualified for categorical
exemption under Section 5 of this Ordinance, require a determination
of environmental significance and, when such actions are major and
significantly affect the quality of the environment, will require the
preparation of an EIS:
A. Recommendations or favorable reports relating to city
legislation, including but not limited to amendments to the zoning
code, zoning reclassifications, planned unit developments, plats,
and special or unclassified use permits;
B. Projects and activities directly undertaken by the
city, including but not limited to capital improvement projects;
C. Permits, franchises, leases, and other entitlements for
use granted by the city for projects and activities of substantial
scope and magnitude undertaken by persons, non-city agencies and the
city.
SECTION 5. CLASSES WITHOUT SIGNIFICANT ENVIRONMENTAL
IMPACT.
The following classes of action are such classes of action
that do not constitute major actions with a potential for significant
effect on the quality of environment, under the circumstances and
conditions described herein. Therefore, the following classes of
actions do not require a further determination of environmental sig-
nificance, the preparation of an impact statement, or the preparation
of a negative declaration of insignificant impact.
Class 1. Existing impact statement or determination
of its equivalent. Class 1 consists of the following:
A. Actions for which an adequate environmental impact
statement or its equivalent has previously been prepared, for
another stage of decision-making, by a city department or a non-
city agency pursuant to the NEPA or SEPA.
B. Actions related geographically or as logical parts
in a chain of contemplated actions for which an adequate environ-
mental impact statement has previously been prepared by the city
or by a non-city agency.
C. Actions within a program for which an adequate
environmental impact statement has previously been prepared by the
city or a non-city agency.
D. Actions for which a determination of no environmental
significance has previously been made by a city department and a
declaration of insignificant impact prepared.
PROVIDED, that in the case of all Class 1 actions, the
responsible official must determine that there has been no sub-
stantial change in the scope of the proposed action or in the
anticipated environmental impact.
Class 2. Existing Facilities. Class 2 consists of
~ctions involving the inspection, repair, maintenance or minor
~!teration of existing public or private structures, utility,
~.elephene or mechanical equipment, involving no material expansions
Dr ci,anges cf use beyond that previously existing, including but
· lot iimi~ced to:
A. Res=arfacing or maintenance of existing paved streets,
sidewalks and pathways, provided that in the case of the streets such
fesurfacing will not result in the addition of a new lane;
a. i~sp~ction, repair or maintenance of sewers, mains,
.?zpe=~, Lslephone and power under ground wires, utility substations,
~unnels, Ereatment plants, pumping and regulator stations and
l-eia~ed fac~l~ties;
C. Inspection, repair or maintenance of local bus stops,
loading zones and pullout lanes, overhead wires, public transit
~tations, shelters, access facilities, transit signs and signals;
Class 3~ New Construction of Small Structures and Other
%inor Development. Class 3 consists of actions involving the con-
~tructio!~ and location of small single structures or facilities,
~ot in conjuncuion with the building of two or more such units, and
~zher minor development including but not limited to:
~. Single family residences, duplexes, and small
tpartments (4 dnits and less);
B. Barns~ loafing sheds or similar agricultural structures;
C. Sma31 offices, recreation, service and storage
buildings designed for an occupant load of 25 persons or less and
~;~i-th less Lhan 2500 square feet of floor area;
D. Grading or filling consisting of the excavation for
!~ase-~ !ents, ~!oo+~.ings, etc. associated with Class 3 structures and
.ievelopr~ents and ether grading or filling of 500 cubic yards or less
earth material v,~hich is not associated with a Class 3 structure
d~velopment;
E. Accessory structures including private garages, guest
~ous~s~ car-ports, matlos, fences, and recreational facilities;
F, Lccai bus stopsr loading zones and pullout lanes,
sflel'uers, access facilities;
G. Con~uercial signs of less than 25 square feet, transit
and uraffic signs and signals;
H. blinor road and street improvements such as channetization
and elimination of sight restrictions at intersections, street lighting,
guardrail and barricade installation, installation of catch basins
and culverts;
I~ .4inor construction of water, sewage, electrical,
teiepnone, gas and other utility facilities to serve Class 3 structures
lnd other development, including but not limited to extensions, up-
grades~ connections~ and support facilities;
3. ~Jemo!ition of buildings and structures except those
of designated historical or cultural significance.
Class 4. Land Use Decisions. Class 4 consists of actions
involving minor alterations in land use or minor temporary uses of
land having short-term effects on the environment, including but not
limite~ to:
A. Variances based on special circumstances applicable
to s~bject property such as size, slope, topography, location or
~urroundir~gs and not resulting ill any change in land use or density;
B. Classification of land for current use taxation
purs.~af~E to RCW Chapter 84.34 as amended;
C. Small subdivision approvals consisting of subdividing
land into four or less lots, tracts, parcels or sites pursuant to
city subdivision ordinance.
D. Extensions of plats, planned unit developments, and
zol~ing reclassifications where there has been no material adverse
enviz'onn~ental change in the originally proposed action;
E. Vacation and abandonment of city streets.
Class 5. Information Collection and Dissemination and
Research. Class 5 consists of actions involving basic data collection,
planning, research, and resource evaluation activities. These may be
for strictly information gaZhering purposes, or as a part of a study
Leading to an action which the city has not yet approved, adopted or
funded. This class includes the engagement of consultants to furnish
planning, design and related services for proposed city projects.
Class 6. Inspections and Enforcement. Class 6 consists
9f inspeczion activities to check for the performance, quality, health
or safety of a structure or construction thereof and enforcement
~ctions taken to obtain conformance with local or state law or
~regulations~ including but not limited to:
%. Inspection of structures and facilities, including
sclzools and related enforcement actions for compliance with building
and ~lealth regulations;
B. Inspection of food service establishments, mobile
?~ome parks, swinming pools and related enforcement actions for com-
pliance with health regulations;
C. Police patrol and traffic law enforcement.
Class 7. Regulatory actions for the protection of health
i~d the Environment. Class 7 consists of regulatory actions taken by
~ity officials~ as authorized by state or local law, to assure 'the
,~aintenance, restoration, enhancement or protection of the public
~ealth and the environment, including but not limited to:
..~. Emergency disinfection procedures, routine rat control
~ctivities;
$. Lnforceme~t actions to obtain restoration of land and
3tructures in compliance with state and local laws for the protection
Df the environment, such as the State Shorelines Management Act,
9r the applicable building code.
Class 8. Business and Other Regulatory Licenses. Class
5 consisZs of actions involving the licensing of business and
~elated activities, including but not limited to:
A~ Licenses for amusement devices and entertainment,
carnivals, dances, music machines, theatres;
~. Permits and certificates for charitable and religious
solicitation, and licenses for private security services, taxicab
and other vehicles for hire;
C. Licenses for operation of businesses within the city
limits.
D. Licenses for sale or display of fireworks between
June 28th and July 5th;
Animal control licenses.
SECTION 6. LOCATIONS WHERE CERTAIN CLASS DETERMINATIONS
ARE NOT APPLICABLE.
The actions in Classes 3 A, B, C, D, E, F, G, H, I and
~ C and E shall be excluded when the project or activity is located
ih a qeor~raphic area with a sensitive or unique environment,
defined as follows:
A. "Shorelines of the State" as defined in the Shorelines
}~anagement Act, RCW 90.58;
B. Areas where slope, soil or other natural characteristics
indicate limitations ~n accommodating man-made structures or other
modifications.
SECTION 7. ENVIRON}IENTAL ASSESSMENT.
In connection with all actions not specificall[,exempted by
Section 5 of this ordinance, a preliminary environmental assessment
shall be made by the responsible official. To assist inmaking the
preliminary assessment, the applicant may be requested to furnish
factual data on forms approved by the City Council. In addition the
responsible official may require the applicant, at no cost to the City,
to supply additional information, hire consultants, conduct field
studies or furnish other assistance in carrying out the preparation
of %he preliminary environmental assessment. Based upon the EIA the
responsible official shall determine either (1) that the proposed
action will not have a substantial effect upon the environment and
tha~ a ~eclaration of insignificant impact should be issued, or (2)
tha~ a full and complete EIS will be required.
SEC'i~ION 8. FINAL DETERMINATION BY CITY COUNCIL.
After a determination is made by the responsible official
whe'ther an EIA is required, the City Council shall at its next regular
meeting approve, ~isapprove or modify the decision of the responsible
official. If the recor~unendation requires the preparation of an EIS,
aal estimate of the cost of preparation shall be included with the
recoF.~n~endation and if the reconunendation is approved by the City
Couz~cii., aut. i'~oritl ~_.o spend the necessary public funds shall be
granted by the Ci~cy Council~
SECTION 9. ENVIRONMENTAL IHPACT STATEMENT REQUIREMENTS.
['~otk the prseliminary and final EIS shall be prepared by the
re. spc.nsible c. fficial or by an independent consultant if the employment
of an independent consultant is authorized by the City Council.
The preliminary EIS shall be mailed to all applicable agencies and
individuals, a list of which is included on the last page of the
document, Guidelines of the State Department of Ecology. Following
a review period of not less than thirty (30) days, the responsible
official or the independent consultant shall prepare the final EIS
which shall include all applicable comments received in the text of
the EIS and all original letters received concerning the preliminary
EIS in an appendix attached to the final EIS. The responsible official
shall mail copies of the final EIS to the Office of the Governor,
the Department of Ecology, and the Ecology Commission (attention
Deputy Director Ecology). In addition the responsible official shall
file with the city ten (10) additional copies of the final EIS. The
final EIS shall be approved by the City Council within thirty (30)
days after having been filed with the City Council unless the final
EIS is rejected and sent back to the responsible official for
corrections or other data. Copies of the final EIS after approval
shall be available for inspection by the public at the City Hall and
copies may be purchased from the City at a cost of .25~ per page.
SECTION 10. DECLARATIONS OF INSIGNIFICANT IMPACT.
A. The declaration of insignificant impact is a written
record of the responsible official's determination that a specific
proposed action is not major or will have no significant effect on
the quality of the environment. The declaration of insignificant
impact shall contain the following items which are to be considered
and summarized:
(1) Brief description of project;
(2) Probable impact of the project on the environment;
(3) Any probable adverse environmental effects which
cannot be avoided;
(4) Alternatives considered with evaluations of each;
(5) Relationship between local short term uses of
environment and maintenance and enhancement of long term pro-
ductivityr
(6) Any irreversible and irretrievable commitment of
resources;
(7
resolution;
Public objections to project, if any, and their
(8 Agencies consulted about the project; and
(9 Reasons for concluding there will be no significant
impact. The declaration shall be a separate document and be
accompanied by the EIA.
SECTION 11. APPLICABILITY TO EXISTING ACTIONS.
To the maximum extent practicable, the requirements of
this ordinance relating to the preparation of environmental impact
statements or declarations of insignificant impact should be applied
to proposed actions initiated prior to the effective date of this
ordinance where final city approval has not occurred. In those
cases where a declaration of insignificance or an environmental
impact statement is prepared pursuant to this ordinance, such
declaration or statement shall accompany the action through the
remainder of the existing review process.
SECTION 12. SEVERABILITY.
If any provision of this ordinance or its application
to any person or circumstance is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
SECTION 13. PENALTY PROVISION.
Any person who willfully violates any of the provisions
of this ordinance shall be guilty of a misdemeanor punishable by
not more than $500.00 or six months in jail, or both, and each
day in violation shall constitute a separate offense. The
penalties provided in this Section shall be in addition to any
civil remedy that the City may have to stop or correct any
violation of this ordinance.
SECTION 14. REPEALER.
City of Winslow Ordinance 73-8 and City of Poulsbo
Ordinance 73-8 be and hereby are repealed in their entirety.
SECTION 15. EFFECTIVE DATE.
This ordinance shall become effective five (5) days
after its publication and posting in the manner required by law.
PASSED BY the City Council of the City of Poulsbo
13th day of March, 1974.
PASSED BY the City Council of the City of Winslow
4th day of March, 1974.
CITY OF POULSBO
ATTEST:
Maurice Lindvig, Mayor
Lois Stadshaug
/M/~
~'' Frank C. Vibrans, Jr., ~
ATTEST: ~
A~'P~O~ED AS TO FORM:
Booth, Lehne & McKisson, City Attorneys