ORD 76-11 ENVIRONMENTAL POLICY vz sLow o.9IN .c 76-_
AN ORDINANCE IMPLEMENTING THE STATE ENVIRONMENTAL POLICY
ACT WITHIN THE CITY LIMITS OF THE CITY OF POULSBO AND
THE CITY OE WINSLOW THROUGH THE ADOPTION OE A CITY
E~IRONMENTAL POLICY AND ESTABLISHING PROCEDURES FOR
DETERMINATION AND CONSIDERATION OF THE ENVIRONMENTAL
IMPACT OF ACTIONS TAKEN BY CITY, ESTABLISHING CATEGORICAL
DETERMINATIONS OF ENVIRONMENTAL SIGNIFICANCE; ADOPTING BY
REFERENCE SEPA GUIDELINES ADOPTED BY THE COUNCIL ON
ENVIRONMENTAL POLICY AND REPEALING POULSBO ORDINANCE NO.
74-7 AND WINSLOW ORDINANCE NO. 74-3.
THE CITY COUNCILS OF THE CITIES OF POULSBO AND WINSLOW DO
ORDAIN AS FOLLOWS:
Section 1. POLICIES AND AUTHORITY.
(a) The Cities of Poulsbo and Winslow hereby adopt by
reference the policies of the State Environmental Policy Act as
expressed in RCW 43.21C.010 and RCW 43.21C.020.
(b) The Cities of Poulsbo and Winslow possess the authority
to deny or condition actions so as to mitigate or prevent adverse
environmental ~mpacts. This authority applies to all city
activilies 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.
Section 2. ADOPTION BY REFERENCE. The Cities of Poulsbo
and Winslow hereby adopt by reference 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:
Definitions.
Scope of a Proposal and its Impacts.
No Presumption of Significance for
Non-Exempt Actions.
All 'categorical exemptions not specific-
ally set forth in Section 3 of this
Ordinance.
-180:
-200:
-203:
-205:
-210:
-215:
-220:
-230:
-235:
-240:
-245:
-260:
-270:
-300:
-305:
-310:
-320:
-300:
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.
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--Specific Pro-
posals.
Local Agency Transfer of Lead Agency
Status to a State Agency.
Agreements as to Lead Agency Status.
Agreements Between Agencies as 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 Procedures--
Initial Review of Environmental Checklist.
Threshold Determination Requirement.
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-305:
-310:
-320:
-330:
-340:
-345:
-350:
-355:
-360:
-365:
-370:
-375:
-390:
-400:
-410:
-425:
-440:
-442:
-444:
Recomnended 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.
Environmental Checklist.
Withdrawal of Affirmative Threshold Deter-
mination.
Withdrawal of Negative Threshold Deter-
mination.
Effect of Threshold Determination by Lead
Agency.
Duty to Begin Preparation of a Draft EIS.
Pre-Draft Consultation Procedures.
Organization and Style of a Draft EIS.
Contents of a Draft EIS.
Special Considerations Regarding Contents
of an EIS.
List of Elements of the Environment-
-450:
-455:
-460:
-465:
-470:
-480:
-485:
-490:
-495:
-500:
-510:
-520:
-530:
-535:
-540:
-545:
Public Awareness of Availability of Draft
EIS.
Circulation of the Draft EIS--Review
Period.
Specific Agencies to which Draft EIS
shall be sent.
Agencies possessing Environmental
Expertise.
Costs to the Public for Reproduction of
Environmental Documents.
Public Hearing on a Proposal--When
Required.
Notice of Public Hearing on Environmental
impact of the Proposal.
Public Hearing on the Proposal--Use of
Environmental Document.
Preparation of Amended or New Draft EIS.
Responsibilities of Consulted Agencies--
Local Agencies.
Responsibilities of Consulted Agencies--
State Agencies with Jurisdiction.
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.
Limitation on Responses to Consultation.
Effect of No Written Comment.
-550:
-570:
-580:
-600:
-650:
-652:
-660:
-690:
-695:
-700:
-710:
-830:
-835:
-840:
Preparation of tile Final EIS--Time Period
Allowed.
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 Public Information Centers.
Applications of Agency Guidelines to On-
going Actions.
Section 3. CATEGORICAL EXEMPTIONS. Governmental activities
or approvals of activities of the types listed herein are not major
actions, and proposals for such activities are exempted from the
threshold determination and EIS requirements of SEPA and these
guidelines:
(a) Minor new construction. The following types of con-
struction shall be exempt except when undertaken wholly or in
part on lands covered by water; the exemptions provided by this
subsection apply to all governmental licenses required to under-
take the construction in question, except rezones or any license
governing emissions to the air or water:
(1) The construction of any residential structure of
four dwelling units or less.
(2) The construction of a barn, loafing shed, farm
equipment storage building, produce storage or packing structure,
or similar agricultural structure, covering less than 10,000
square feet and to be used only by the property owner or his or
her agent in the conduct of farming the property. This exemption
shall not apply to feedlots.
(3) The construction of an office, school, commercial,
recreational, service or storage building with less than 4,000
square feet of floor area, and with associated parking facilities
designed for twenty automobiles or less.
(4) The construction or designation of bus stops, load-
ing zones, shelters, access facilities and pull-out lanes for
taxicabs, transit and school vehicles.
(5) The construction and/or installation of commercial
on-premise signs, and public signs and signals.
(6) The installation of any property, boundary or sur-
vey marker, other than fences, regardless of whether or not on
lands covered by water.
(7) The construction of a parking lot designed for
twenty auLomobiles or less.
(8) Any landfill or excavation of 500 cubic yards or
less throughou~ the total lifetime of the fill or excavation; and
any fill or excavation classified as a Class I, II, III and IV
6
forest practice under Chapter 200, Laws of ].975, Ex. Sess., or
regulations promulgated thereunder, except those forest practices
designated by the forest practices board as being subject to SEPA
evaluation.
(9) The repair, maintenance or minor alteration of
existing private or public structures, facilities or equipment,
including utilities, involving no material expansions or changes
in use beyond that previously existing.
(10) Grading, excavating, filling, septic tank install-
ation, and landscaping necessary for any building or facility
exempted by this subsection, as well as fencing and the con-
struction of small structures and minor facilities accessory
thereto.
(11) Additions or modifications to or replacement of any
building or facility exempted by this subsection when such
addition, modification or replacement will not change the character
of the building or facility in a way which would remove it from
an exempt class.
(12) The demolition of any structure or facility, the
construction of which would be exempted by this subsection,
except for structures or facilities with recognized historical
significance.
(b) Business and other regulatory licensq~. The following
business and other regulatory licenses are exempt:
(1) All licenses tO undertake an occupation, trade or
profession.
(2) All licenses required under electrical, fire,
plumbing, heating and safety codes, but not including building
permits.
(3) Licenses to operahe amusement devices and enter-
tainment carnivals, circuses and other traveling shows, dances,
music machines and theaters, including approval of use of public
facilities for temporary civic celebrations, but not including
licenses required for permanent construction of any of the
abovc.
(4) Licenses for solicitation or door to door sales,
private security and detective services, and taxicabs and other
vehicles for hire: PROVIDED, That regulation of conm~on carriers
by the utilities and transportation commission shall not be
considered exempt under this subsection.
Licenses for close-up sales.
Licenses for food or drink services, sales and
(5)
(6)
distribution.
(7)
(8)
(9)
Licenses for the sale or display of fireworks.
Animal control licenses.
The renewal or reissuance of a license regulating
any present activity or structure that was either exempted under
this chapter, or the subject of a declaration of non-significance
or an EIS, so long as no material changes have occurred since the
determination of exemption, or completion of the prior declaration
or EIS.
(c) Minor land use decisions. The following land use
decisions shall be exempt:
(1) Except upon lands covered by warerr the approval
of short plats or short subdivisions pursuant to the procedures
required by RCW 58.17.060, but not including further short sub-
division or short platting within a plat or subdivision pre-
viously exempted under this subsection.
(2) Granting of variances based on special circum-
stances, not including economic hardship, applicable to the sub-
ject property, such as size, slope, topography, location or
surroundings and not resulting in any change in land use or density-
(d) Burn~g~_permits. The ~ssuance, revocation or sus-
pension of permits for open burning shall be exempt. The
adoption of plans, programs, objectives or regulations by any
agency incorporating general standards respecting the issuance of
burning permits shall not be exempt.
(e) Non-actions. Proposal for activities which are not
"actions" as defined in WAC 197-10-040(2) are not subject to the
threshold determination and EIS requirements of this chapter.
Section 4- ADDITIONAL DEFINITIONS. In addition to those
definitions contained within WAC 197-10-040, the following terms
shall have the following meanings, unless the context indicates
otherwise:
(a) "Department" means any division, subdivision or organi-
zational unit of the C~ties established by ordinance, rule, or
order.
(b) "SEPA Guidelines" means chapter 197-10 WAC adopted by
the Council on Environmental Policy.
(c) Whenever the word "City" is used in this ordinance it
shall refer to the City of Poulsbo and the City of Winslow depend-
ing upon where the action is situated.
Section 5. TIME LIMITS APPLICABLE TO THE SEPA PROCESS. The
following time limits (expressed in calendar days) shall apply to
the processing of all private projects and to those governmental
proposals submitted to the city by other agencies:
(a) Categorigal Exemptions. Identification of categorically
exempt actions shall occur within seven (7) days of submission of
an adequate application;
(b) Threshold Determinations.
(1) For proposals for which the city is the lead
agency, threshold determinations should normally be completed
within fifteen (15) d~ys.
(2) Threshold deLerminations which can be made based
upon review of the environmenLal checklist submitted by applicant
should be completed with fifteen (15) days of submission of an
adequate application and the completed checklist.
(3) Threshold determinations requiring further infor-
mation from the applicant or consultation with other agencies
with jurisdiction 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 infor-
mation 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 wait a maximum of thirty (30) days for the
consulted agency to respond.
(4) Threshold determinations which require that
further studies, including field investigations, be initiated by
the city should be completed within thirty (30) days of sub-
mission of an adequate application and the completed checklist.
(5) Threshold determinations on actions where the
applicant recommends in writing that an EtS be prepared because
of the significant impact asserted and described in the application
shall be completed within fifteen (15) days of submission of an
adequate application and the completed checklist.
(6) The time limits set forth in this subsection shall
not apply to withdrawals of affirmative and negative threshold
determinations where such withdrawals are made in accordance with
sections WAC 197-10-370 and 197-]0-375.
(7) When a threshold determination is expected to
require more than 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 applicant a written statement as to the expected date of
10
decision.
Section 6- ENVIRONMENTALLY SENSITIVE AREAS.
(a) Environmentally sensitive areas shall be designated by
the City Council of the respective city pursuant to the standards
of WAC 197-10-177. Maps designating such areas, together with
the exemptions from those listed in WAC 197-10-177(2) which are
inapplicable in such area, shall be filed with the City Clerk and
Kitsap County Auditor and shall have full force and effect of law
as of the date of filing.
(b) Major actions which will be locaLed wholly or partially
within an environmentally sensitive area are to be treated no
differently than other major actions under these guidelines. A
threshold determination shall be made for all such actions, and
an EIS shall not be automatically required for a proposal merely
because it is proposed for location in an environmentally sen-
sitive area.
(c) Certain exempLions do not apply on lands covered by
waLer, and this remains true regardless of whether or not lands
covered by water are mapped.
Section 7. USE OF EXEMPTIONS.
(a) The applicability of the exemptions shall be determined
by each department within the city which received an application
for a license, or in the case of governmental proposals, by that
department initiating the proposal.
(b) 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.
(c) 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 ~s not exempt.
11
(d) If it is deLermined that a proposal is exempt, none of
the procedural requirements of these guidelines apply to the pro-
posal. No environmental checklist shall be required for an
exempt proposal.
(e) A department which is determining whether or not a pro-
posal is exempt shall ascertain the total scope of the proposal
and the governmental licenses required. If a proposal includes a
series of actions, physically or functionally related to each
other, some of which are exempt and some which are not, the pro-
posal is not exempt. For any such proposal, the lead agency
shall be determined, even if the license application which triggers
the department's consideration is otherwise exempt. If the lead
agency is the city, then the responsible official shall be
designated.
(f) 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:
(1) No major action (nonexempt action) shall be
authorized;
(2) No action shall be authorized which will irre-
vocably commit the city to approve or authorize a major action;
(3) A department may withhold approval of an exempt
action which would lead to modification of the physical environ-
ment, when such modifications would serve no purpose of later
approval of a major action is not secured; and
(4) 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.
12
Section 8. LEAD AGENCY DETERMINATION AND RESPONSIBILITIES.
(a) Any department within the city receiving or initiating
a proposal any portion of which involves a major action, shall
determine the lead agency for that proposal pursuant to the
criteria set forth 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 major action unless the lead
agency has been previously determined, or the department is aware
that another department or agency is in the process of deter-
mining the lead agency. NOTE: A lead agency must be an agency
with jurisdiction.
(b) In those instances in 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.
(c) 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 nonsignificance 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
addjtion to that prepared by the lead agency.
(d) 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)
13
day time period. Any such petition on behalf of the city shall
be initiated by the responsible official with the concurrence of
the Mayor.
(e) Departments of the city are authorized to make agree-
ments as to lead agency status pursuant to WAC 197-10-240 and WAC
197-10-245: PROVIDED, that any such agreement involving as-
sumption 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 agree-
ment will approve the agreement.
(f) Any department making a lead agency determination for a
private project shall require sufficient information from the
applicant to ascertain which other agencies have jurisdiction
over the proposal.
Sec~tion 9- T~\NSFER 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
jurisdi. ction, the responsible official of the city may elect to
transfer the lead duties to that state agency with jurisdiction
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 jurisdiction. Trans-
fer is accomplished by the responsible 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.
Section 10- ENVIRONMENTAL CHECKLIST.
(a) Except as provided in WAC 197-10-300(2), a completed
environmental checklist, or a copy thereof, substantially in the
14
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.
(b) 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.
Section 11. PREPARATION OF EIS.
(a) The draft and final EIS shall be 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 completion of the threshold determination.
(b) 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 prepared in a
responsible manner and with appropriate methodology. The res-
ponsible official shall direct the areas of research and exami-
nation to be undertaken, as well as the organization of the
resulting document.
(c) 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.
(d) No matter who participates in the preparation of an
EIS, it must be approved by the responsible official prior to
distribution.
15
(e) In all occasions of EIS preparation the applicant is
encouraged to provide information to the responsible official.
Section 12. ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS.
The following additional elements are part of the environment for
the purpose of EIS content, but do not add to the criteria for
threshold determinations or perform any other function or purpose
under these rules:
(a) Employment.
(b) Economic values as required by Chapter 117, Laws of
1975-76, Second Ex. Session.
(c) Sociological factors.
Section 13. DESIGNATION OF OFFICIAL TO PERFO~4 CONSULTED
AGENCY RESPONSIBILITIES FOR THE CITY.
(a) The following person shall be responsible for the
preparation of the written comments for the city in response to a
consultation request prior to a threshold determination, partici-
pation in predraft consultation, or reviewing a draft EIS: the
Mayor o~ his designee.
(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 are prepared in
a timely fashion and include data from all appropriate depart-
ments of the city.
Section 14. DESIGNATION OF RESPONSIBLE OFFICIAL.
(a) For those proposals for which the city is the lead
agency, the responsible official shall be the City Engineer for
all licensing actions as defined by WAC 197-10~-040(20) and (21);
all actions of project nature as defined by WAC 197-10-Q40(2)(b);
and all actions of a non project nature as defined in WAC
16
197-10-040(2)(c) excep~ adoptions or approvals of utility, trans-
portation, and solid waste disposal rates and except, also, capital
budgets. The responsible official shall be the Clerk/Treasurer
for the above excepted actions of a non project nature.
(b) 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.
Section 15. SEPA PUBLIC INFOR~tTION CENTER.
(a) The following location constitutes the city's SEPA
public information center:
(1) CITY OF POULSBO - The Poulsbo City Hall,
Poulsbo, Washington 98370, phone 779-3901; and
the Poulsbo Library, 122 Second Avenue, Poulsbo
Washington 98370, phone 779-2915.
(2) CITY OF WINSLOW - The Winslow City Hall,
Winslow, Washington 98110, phone VI 2-4709; and
The Kitsap County Regional Library, 1270 Madison
Avenue North, Winslow, Washington 98110,
phone: 842-4162.
(b) 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.
(c) The SEPA public information center shall contain the
documents and provide the services required by WAC 197-10-830.
Section 16. REGIONAL SEPA PUBLIC INFO~\~ATION CENTER.
In the event Kitsap County establishes a regional SEPA pub].it
information center all of the duties assigned to the SEPA public
information center by WAC 197-10-830 and -835 shall be undertaken
by the regional center.
17
Section 17. FEES. The following fees shall be required for
actions by the city in accordance with the provisions of this
ordinance:
(a) Environmental Assessments--For every environmental
assessment to be performed by the city when the city is lead
agency a fee of fifteen dollars ($15.00) shall be required of the
proponent of the proposal. This fee shall be collected prior to
undertaking the threshold determina[ion, and the time periods
provided by this ordinance for making a threshold determination
shall not begin to run until payment of the fee. If the com-
ple×ity of the environmental assessment requires additional time
by the responsible official which exceeds one hour, an additional
charge will be made of twenty dollars ($20.00) an hour for each
hour or fraction thereof thereafter.
(b) Environmental Impact Statements--
(1) For all proposals requiring an EIS for which the
city is the lead agency and for which the responsible official
determines that the EIS shall be prepared by employees of the
city, the city may charge and collect a reasonable fee from any
applicant to cover costs incurred by the city in the preparation
of an EIS. If it is determined that an EIS is required, ap-
plicants shall be advised of projected costs of the statement
prior to actual preparation and shall post bond or otherwise
insure payment of such costs.
(2) The responsible official may determine that the
city will contract directly with a consultant for preparation of
environmental documents for activities initiated by some persons
or entity other than the city and may bill such costs and expenses
directly to the applicant. Such consultants shall be selected by
the city after a call for bid and in consultation with the
plicant. Applicants may be required to post bond or otherwise
insure payment of such costs.
(3) In the event that a proposal. is modified so that
an EIS is no longer required, the responsible official shall
refund any costs collected under (a) and (b) of this subsection
which were collected for costs not incurred.
(c) No fee shall be collected by the city for performing
its duties as a consulted agency.
(d) The SEPA public information center of the city is
hereby authorized to charge periodic fees for the service of
mailing registers and register updates. Such fees shall be
reasonably related to the costs of reproduction and mailing of
registers and updates.
(e) The city may charge any person for copies of any
document prepared pursuant to the requirements of this ordinance,
and for mailing thereof, in a manner provided by chapter 42.17,
RCW.
Section 18. NOTICE/STATUTE OF LIMITATIONS.
(a) The city, applicant for, or proponent of an action may
publish nohice of action pursuant to RCW 43.21C.080 for any
action.
(b) The form of the notice shall be as prescribed by the
department of ecology and/or substantially in the form and manner
set forth in RCW 43.21C.080. The notice shall be published by
the city clerk, applicant or proponent pursuant to RCW 43.21C.080,
Section 19. APPEALS FOR ADMINISTRATIVE DETERMINATION. Any
interested person who disputes any decision made by the responsible
official or any other public official pursuant to the terms of
this ordinance shall have a right to have said decision reviewed
by the City's Board of Adjustment and Appeals~etition. A petition
for review shall be filed with the Board of Adjustment and Appeals
within twenty (20) days after said interested person has received
notice of said decision which petition shall set forth the date
a~nd nature of the decision made and the basis of the petitioner's
19
objections thereto. The Board of Adjustments and Appeals shall
review said petition in accordance with its regularly established
procedures and may affirm, modify or return for further consider-
ation any administrative decision which is reviewed. All decisions
of the Board of Adjustments and Appeals shall be final and
conclusive, unless within ten (10) days from the date of the
action, the original applicant or an adverse party makes an
application to the Superior Court of Kitsap County for writ of
certiorari, a writ of prohibition or a writ of mandamus.
Section 20. REPEAL. Poulsbo Ordinance 74-7 and Winslow
Ordinance 74-3 be and hereby are repealed effective as of the
effective date of this ordinance.
Seerion 21. SEVERABILITY. If any provision of this ordinance
or its application 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.
Section 22. PENALTIES. In the event any person, corporation,
or other entity willfully violates any provision of this ordinance
upon conviction thereof said person may be punished by imprisonment
for not more than six months or fined $500.00, or both such fine
and imprisonment. The criminal penalties shall be in addition to
any other civil remedies available to the city for violation of
this ordinance.
Section 23. EFFECTIVE DATE. This ordinance shall become
effective July 14, 1976.
PASSED BY the City Council of the City of Poulsbo this l~]~
day of ')~-'~-~ 1976
CITY OF POULSBO
/
By_ lifor ~
ATTEST:
City Clerk/Treasurer
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PASSED BY the City Council of the City of Winslow this
ATTEST:
APPROVED AS TO FORM:
of Beresford, Booth, Lehne, McKisson &
Baronsky
City Attorneys
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