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ORD 84-23 ENVIRONMENTAL GOALS AND POLICIESBBH:jrv 10/03/84 ORDINANCE NO. 84-23 AN ORDINANCE OF THE CITY OF WINSLOW, WASHING- TON; RELATING TO ENVIRONMENTAL GOALS AND POLICIES; ADOPTING RULES FOR THE IMPLEMENTA- TION OF SEPA; REPEALING ORDINANCE NO. 76-11 AND SECTION 3 OF ORDINANCE NO. 80-19 AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, sets forth an environmental policy for Washington State and requires that the environmental impacts of proposals be analyzed and, where appropriate, mitigated, and WHEREAS, SEPA applies to state agencies, counties and municipal and public corporations, and WHEREAS, SEPA has been amended to require the State Department of Ecology to issue new uniform statewide rules for carrying out SEPA, and WHEREAS, the City is required to adopt SEPA policies and procedures that are consistent with the SEPA rules a- dopted by the Department of Ecology in Chapter 197-11 WAC and may adopt by reference any or all of the provisions of those rules and the model ordinance adopted by the Department of Ecology in Chapter 173-806-WAC, and WHEREAS, the City has provided public notice and opportunity for public comment as part of the process for adopting its SEPA procedures and formally designating its SEPA policies, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Authority. The City of Winslow adopts this ordinance under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. This ordinance contains the City's SEPA procedures and poli- cies. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this ordinance. Section 2. Adoption by Reference. The City adopts the following sections of Chapter 197-11WAC, as now existing or hereinafter amended, by reference: 197-11-040 197-11-050 197-11-055 197-11-060 197-11-070 197-11-080 197-11-090 197-11-100 Definitions Lead agency Timing of the SEPA process Content of environmental review Limitations on actions during SEPA process Incomplete or unavailable informa- tion Supporting documents Information required of applicants Section 3. Additional Definitions. In addition to those definitions contained within WAC 197-11-700 through 799, when used in this ordinance the following terms shall have the following meanings, unless the context indicates otherwise: "Department" means any division, subdivision or organizational unit of the City established by ordi- nance, rule or order. 2. "SEPA Rules" means Chapter 197-11WAC adopted by the Department of Ecology. "Early notice" means the City's response to an applicant stating whether it considers issuance of the determination of significance (DS) likely for the applicant's proposal. Section 4. Designation of Responsible Official. For those proposals for which the City is a lead agency, the responsible official shall be the Land Use Administrator or such other person as the Admin- istrator may designate in writing. For all proposals for which the City is a lead ag- ency, the responsible official shall make the thres- hold determination, supervise scoping and prep- aration of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rule that have been adopted by reference. Section 5. Lead Agency Determination and Respon- sibilities. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the depart- ment is aware that another department or agency is in the process of determining the lead agency. When the City is not the lead agency for a proposal, all departments of the City shall use and consider as appropriate either the DNS or the final EIS of the lead agency in making decisions on the proposal. - 2 - No City department shall prepare or require prep- -aration of a DNS or EIS in addition to that prepared by the lead agency unless the City determines a supplemental environmental review is necessary under WAC 197-11-600. If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and re- solved within fifteen (15) days of receipt of the determination or the City must petition the Depart- ment of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the City may be initiated by the responsible official or any department. The responsible official is authorized to make ag- reements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. The responsible official (or any department making a lead agency determination for a private project) shall require sufficient information from the appli- cant to identify other agencies with jurisdiction. Section 6 Transfer 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 there is one or more State agency with jurisdiction, the responsible official may elect to transfer the lead agency duties to the State agency. The State agency with jurisdiction appearing first on the priority list in WAC 197-11-936 shall be the lead agency. To transfer lead agency duties, the responsible of- ficial must transmit a notice of the transfer, together with any relevant information available on the proposal, to the appropriate State agency with jurisdiction. The responsible official shall also give notice of the transfer to the pri- vate applicant and any other agencies with jurisdiction over the proposal. Section 7. Categorical Exemptions and Threshold Determinations - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this ordinance: - 3 - 197-11-300 197-11-305 197-11-310 197-11-315 197-11-330 197-11-335 197-11-340 197-11-350 197-11-360 197-11-390 Purpose of this part. Categorical exemptions. Threshold determination required. Environmental checklist. Threshold determination process. Additional information. Determination of nonsignificance (DNS). Mitigated DNS. Determination of significance (DS)/ini- tiation of scoping. Effect of threshold determination. Section 8. Categorical Exemptions and Threshold Determinations - Time Estimates. The time estimates con- rained in this section apply when the City processes licenses for all private projects and those governmental proposals submitted to the City by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or exper- tise, etc. The time estimates contained herein shall not be construed to be mandatory. Categorical Exemptions. The City will normally identify whether an action is categorically exempt within seven (7) calendar days of receiving a com- pleted application. 2. Threshold Determinations. The City will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) working days of the date an applicant's adequate application and completed checklist are submitted. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: The City will normally request such fur- ther information within fifteen (15) work- ing days of receiving an adequate appli- cation and completed environmental check- list. The City will normally wait no longer than thirty (30) calendar days for a consulted agency to respond. iii . The responsible official will normally complete the threshold determination with- in fifteen (15) working days of receiving the requested information from the appli- cant or the consulted agency. When the City must initiate further studies, including field investigations, to obtain the information to make the threshold determin- ation, the City will normally complete the studies within thirty (30) calendar days of receiving an adequate application and a com- pleted checklist. - 4 - The City will normally complete threshold de- terminations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the appli- cation, within fifteen (15) working days of receiving an adequate application and completed checklist. The responsible official will normally respond to a request for early notice within ten (10) working days. The threshold determination will normally be made within fifteen (15) working days of receipt of the changed or clarified proposal, environmental checklist and/or permit application. Section 9. Categorical Exemptions - Adoption by Reference. The City adopts the following rules for categor- ical exemption of Chapter 197-11, as now existing or herein- after amended, by reference, as supplemented in this ordi- nance: 197-11-800 197-11-880 197-11-890 Categorical exemptions. Emergencies. Petitioning DOE to change exemptions. Section 10. Categorical Exemptions - Determination. When the City receives an application for a license or, in the case of governmental proposals a depart- ment initiates a proposal, the responsible official shall determine whether the license and/or the pro- posal is exempt. The determination that a proposal is exempt shall be final and not subject to admin- istrative review. If a proposal is exempt, none of the procedural requirements of this ordinance shall apply to the proposal. 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 license required. If a proposal in- cludes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the consideration is exempt. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that: a. The City shall not give authorization for: i. Any nonexempt action; ii. Any action that would have an adverse environmental impact; or iii. Any action that would limit the choice of reasonable alternatives. The City may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification - 5 - would serve no purpose if the nonexempt actions were not approved, and The City may withhold approval of exempt ac- tions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. Section 11. Threshold Determination - Review at Conceptual Stage. If the City's only action on a proposal is a deci- sion on a building permit or other licenses that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. In addition to the environmental documents an appli- cant shall submit the following information for early environmental review: a. Site plan as required by the zoning code b. Other information as the responsible official may determine. Section 12. Threshold Determinations - Environ- mental Checklist. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this ordinance. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accor- dance with WAC 197-11-906(4). The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency for making the threshold determination. For private proposals, the applicant is required to complete the environmental checklist. The City may provide assistance as necessary. For City proposals the department initiating the proposal shall com- plete the environmental checklist for that proposal. The City may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs: The City has technical information on a ques- tion or questions that is unavailable to the private applicant; or The applicant has provided inaccurate infor- mation on previous proposals or on proposals currently under consideration. c. Upon request of the applicant. Section 13. Threshold Determinations - Mitigated DNS 1. The responsible official may issue a determination of nonsignificance (DNS) based on conditions at- - 6 - tached to the proposal by the responsible official ~or on changes to, or clarifications of, the proposal made by the applicant. An applicant may request in writing early notice of whether a DS is likely. The request must: Follow submission of a permit application and environmental checklist for a nonexempt pro- posal for which the department is lead agency; and b. Precede the City's actual threshold determina- tion for the proposal. The responsible official's response to the request for early notice shall: State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to re- flect the changes or clarifications. When an applicant submits a changed or clarified proposal, along with a revised environmental check- list, the City shall base its threshold determin- ation on the changed or clarified proposal. If the City indicated specific mitigation meas- ures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitiga- tion measures, the City shall issue and cir- culate a determination of nonsignificance if the City determines that no additional informa- tion or mitigation measures are required. If the City indicated areas of concern, but did not indicate specific mititagtion measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. The applicant's proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. The City shall not act upon a proposal for which a mitigated DNS has been issued for fifteen (15) days after the date of issuance. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the City. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued. - 7 - If the City's tenative decision on a permit or ap- -proval does not include mitigation measures that were incorporated in a mitigation DNS for the pro- posal, the City should evaluate the threshold deter- mination to assure consistency with WAC 197-11- 340(3)(a) relating to the withdrawal of a DNS. The City's written response under subsection 3 of this section shall not be construed as a determina- tion of significance. In addition, preliminary discussion of clarification or changes to a pro- posal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold deter- mination. Section 14. Environmental Impact Statement (EIS) - Adoption by Reference. The City adopts the following sec- tions of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this ordinance: 197-11-400 197-11-402 197-11-405 197-11-406 197-11-408 197-11-410 197-11-420 197-11-425 197-11-430 197-11-435 197-11-440 197-11-442 197-11-443 197-11-444 197-11-448 197-11-450 197-11-455 197-11-460 Purpose of EIS. General requirements. EIS types. EIS timing. Scoping. Expanded scoping. EIS preparation Style and size. Format. Cover letter or memo. EIS contents. Contents of EIS on nonproject proposals. EIS contents when prior nonproject EIS. Elements of the environment. Relationship of EIS to other considera- tions. Cost-benefit analysis. Issuance of DEIS. Issuance of FEIS. Section 15. EIS - Preparation. Preparation of draft and final EISs and Supplemental EISs (SEIS) shall be under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this ordinance and Chapter 197-11 WAC. The draft and final EIS or SEIS shall be prepared at the City's option by the City staff, the applicant or by a consultant approved by the City. If the re- sponsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant after completion of the thresh- old determination. The responsible official shall also notify the applicant of the City's procedure for EIS preparation, including approval of the draft and final EIS prior to distribution. Section 16. EIS - Additional Elements. The fol- lowing additional elements may be part of the environment for the purpose of EIS content, but do not add to the criteria - 8 - for threshold determinations or perform any other function of purpose under this ordinance: 1. Economy. 2. Social policy. 3. Cost-benefit analysis. 4. Such other elements as may be required by the re- sponsible official. Section 17. EIS - Commenting - Adoption by Refer- ence. The City adopts the following sections of Chapter 197-11WAC, as now existing or hereinafter amended, by refer- ence as supplemented in this ordinance: 197-11-500 197-11-502 197-11-504 197-11-508 197-11-535 197-11-545 197-11-550 197-11-560 197-11-570 Purpose of this Part. Inviting comment. Availability and cost of environmental documents. SEPA Register. Public hearings and meetings. Effect of no comment. Specificity of comments. FEIS response to comments. Consulted agency costs to assist lead agency. Section 18. Public Notice. 1. Whenever public notice is required, the City shall follow the procedures set forth in this Section. 2. Public notice will be given in the following situa- tions: a. When the City issues the following determina- tions of nonsignificance (DNS): i. DNS involving another agency with juris- diction; DNS involving the demolition of any struc- ture or facility not exempted by WAC 197- 11-800(2)(f) or 197-11-880; iii. DNS involving the issuance of a clearing or grading permit not exempted by WAC 197-11-800 through 197-11-890; iv. DNS issued following a request for early notice pursuant to WAC 197-11-350(2); v. Mitigated DNS issued pursuant to WAC 197- 11-350(3); vi. DNS issued following the withdrawal of a DS pursuant to WAC 197-11-360(4). b. When the City issues a determination of signi- ficance to commence scoping. c. When a draft EIS (DEIS) is available for public comment. d. Whenever the City holds a public hearing pur- suant to WAC 197-11-535. - 9 - e. Whenever the responsible official determines that public notice is required. 3. The City shall give public notice using one or more of the following methods: a. Posting the property, for site-specific pro- posals; Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; Any other reasonable method calculated to in- form the public and other agencies or required by statute or ordinance. Notice of public hearings shall be published no later than ten (10) days before the hearing. Notice of public hearings on nonproject proposals shall be published in a newspaper of general circulation in the City. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal or provide services and materials to assist. Section 19. Designation of Official to Perform Consulted Agency Responsibilities. The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a thres- hold determination, participation in scoping and reviewing of a draft EIS. The responsible official shall be responsible for the City's compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. Section 20. Using Existing Environmental Documents - Adoption by Reference. The City adopts the following sec- tions of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-600 197-11-610 197-11-620 197-11-625 197-11-630 197-11-635 197-11-640 When to use existing environmental documents. Use of NEPA documents. Supplemental environmental impact statements. Addenda--Procedures. Adoption--Procedures. Incorporation by reference--Procedures. Combining documents. Section 21. SEPA Decisions - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: - 10- 197-11-650 197-11-655 197-11-660 197-11-680 197-11-700 Purpose of this Part. Implementaion. Substantive authority and mitigation. Appeals. Definitions. Section 22. SEPA Decisions. For nonexempt proposals, the DNS or draft EIS for the pro- posal shall accompany the City staff's recommendation to any appropriate advisory body such as the Planning Commission. Section 23. SEPA Decisions - Substantive Authority. The City may attach conditions to a license or ap- proval for a proposal so long as: Such conditions are necessary to mitigate spec- ific adverse environmental impacts clearly identified in an environmental document pre- pared pursuant to this ordinance; and b. Such conditions are in writing; and c. Such conditions are reasonable and capable of being accomplished; and The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and Such conditions are based on one or more poli- cies in Section 25 and cited in the permit, approval, license or other decision document. The City may deny a permit or approval for a pro- posal on the basis of SEPA so long as: A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and A finding is made that there are no reasonable mitigation measures are insufficient to miti- gate the identified impact; and The denial is based on one (1) or more policies identified in Section 23 and identified in writing in the decision document. Section 24. SEPA - POLICIES. The policies and goals set forth in this ordinance are supplementary to those in the existing author- ization of the City. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans, as now existing or hereinafter amended: a. Ordinance No. 80-19 of the City of Winslow - 11- b. Flood Plain Ordinance c. Park Dedication Ordinance d. Subdivision Ordinance e. Uniform Plumbing Code f. Uniform Fire Code g. Uniform Building Code Section 25. Appeals. Any person aggrieved by the decision of the respons- ible official on a threshold determination or ade- quacy of a final EIS or the conditions or denials of a requested action made by a non-elected City offi- cial may request a review of that decision by the City Council. No other SEPA appeal shall be al- lowed. All appeals filed pursuant to this Section must be filed in writing with the Planning Director within ten (10) calendar days of the date of the decision. All appeals shall state in writing the decision to be appealed and a detailed summary of the grounds upon which the appeal is based. On receipt of a timely written notice of appeal, the Planning Director shall advise the City Council of the pendency of the appeal and request that a date for considering the appeal be established. All relevant evidence shall be received during the hearing of the appeal and the decision shall be made de novo. The procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. The City Council shall determine whether the deci- sion made by the City official after full compliance with all applicable procedural requirements is clearly erroneous. For purposes of this chapter, a clearly erroneous review of a decision shall include a de novo review of the entire record. A decision will be held "clearly erroneous" when the City Coun- cil is left with the definite and firm conviction that a mistake has been committed. In reviewing the administrative decision to be appealed, the City Council shall presume that the procedures followed by the City official in reaching the decision ful- fills the requirements imposed by law and that the decision was not clearly erroneous. The burden shall be on the appellant to rebut these presump- tions. For any appeal under this Section, the City shall provide for a record that shall consist of the fol- lowing: a. Findings and conclusions; b. Testimony under oath; and c. A taped or written transcript. The City may require the appellant to provide an electronic transcript. - 12- The City shall give official notice whenever it -issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. Section 26. Notice/Statute of Limitations. The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or pro- ponent pursuant to RCW 43.21C.080. Section 27. Definitions - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as sup- plemented in this ordinance: 197-11-700 197-11-702 197-11-704 197-11-706 197-11-708 197-11-710 197-11-712 197-11-714 197-11-716 197-11-718 197-11-720 197-11-722 197-11-724 197-11-726 197-11-728 197-11-730 197-11-732 197-11-734 197-11-736 197-11-738 197-11-740 197-11-742 197-11-744 197-11-746 197-11-748 197-11-750 197-11-752 197-11-754 197-11-756 197-11-758 197-11-760 197-11-762 197-11-764 197-11-766 197-11-768 197-11-770 197-11-772 197-11-774 197-11-776 197-11-778 197-11-780 197-11-782 197-11-784 197-11-786 197-11-788 197-11-790 197-11-792 Definitions. Act. Action. Addendum. Adoption. Affected tribe. Affecting. Agency. Applicant. Built environment. Categorical exemption. Consolidated appeal. Consulted agency. Cost-benefit analysis County/city. Decision maker. Department. Determination of nonsignificance (DNS). Determination of significance (DS). EIS. Environment. Environmental checklist. Environmental document. Environmental review. Environmentally sensitive area. Expanded scoping. Impacts. Incorporation by reference. Lands covered by water. Lead agency. License. Local agency. Major action. Mitigated DNS. Mitigation. Natural environment. NEPA. Nonproject. Phased review. Preparation. Private project. Probable. Proposal. Reasonable alternative. Responsible official. SEPA. Scope. - 13 - 197-11-793 197-11-794 197-11-796 197-11-797 197-11-799 Section 28. Scoping. Significant. State agency. Threshold determination. Underlying governmental action. Compliance with SEPA - Adoption by Reference. The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by refer- ence, as supplemented in this ordinance: 197-11-900 197-11-902 197-11-916 197-11-920 197-11-922 197-11-924 197-11-926 197-11-928 197-11-930 197-11-932 197-11-934 197-11-936 197-11-938 197-11-940 197-11-942 197-11-944 197-11-946 197-11-948 Purpose of this part. Agency SEPA policies. Application to ongoing actions. Agencies with environmental expertise. Lead agency rules. Determining the lead agency. Lead agency for governmental proposals. Lead agency for public and private pro- posals. Lead agency for private projects with one agency with jurisdiction. Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. Lead agency for private projects requiring licenses from a local agency, not a coun- ty/city, and one or more state agencies. Lead agency for private projects requiring licenses from more than one state agency. Lead agencies for specific proposals. Transfer of lead agency status to a state agency. Agreements on lead agency status. Agreements on division of lead agency duties. DOE resolution of lead agency disputes. Assumption of lead agency status. Section 29. Environmentally Sensitive Areas. The Land Use Administrator shall designate environ- mentally sensitive areas under the standards of WAC 197-11-908 and shall file maps designating such areas, together with the exemptions from the list in WAC 197-11-908 that are inapplicable in such areas, with the City of Winslow Land Use Office and Depart- ment of Ecology, Headquarters Office, Olympia, Wash- ington. The environmentally sensitive area desig- nation shall have full force and effect of law as of the date of filing. The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this ordi- nance, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. - 14- Section 30. Fees. The City shall require fhe following fees for its activities in accordance with the provisions of this ordinance: Threshold determination. For every environmental checklist the City will review when it is lead agency, the City shall col- lect a fee of Twenty-five Dollars ($25.00) from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this ordinance for making a threshold determina- tion shall not begin to run until payment of fees. When the City assists the applicant or completes the environmental checklist at the applicant's request or under Section 12 of this ordinance an additional cost, plus twenty-five percent (25%) shall be col- lected. 2. Environmental impact statement. When the City is the lead agency for a proposal requiring an EIS and 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, including overhead, by the City in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, 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. The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the comple- tion of the EIS. If the City's costs exceed the projected costs, the applicant shall imme- diately pay the excess. If a proposal is modi- fied so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred costs, including overhead, are paid. The City may collect a reasonable fee from an appli- cant to cover the cost of meeting the public notice requirements of this ordinance relating to the ap- plicant's proposal. The City may charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by Chap- ter 42.17 RCW. Section 31. Forms - Adoption by Reference. The City adopts the following forms and sections of Chapter 197- 11 WAC, as now existing or hereinafter amended, by reference: - 15- 197-11-960 197-11-965 197-11-970 197-11-980 197-11-985 197-11-990 Environmental checklist. Adoption notice. Determination of nonsignificance (DNS). Determination of significance and scoping notice (DS). Notice of assumption of lead agency status. Notice of action. Section 32. WAC's on File. The City Clerk shall maintain on file for public use and examination three (3) copies of the Washington Administrative Code Sections re- ferred to herein. Section 33. Repealer. Ordinance No. 76-11 of the City of Winslow, passed by the City Council on June 23, 1976, and Section 3 of Ordinance No. 80-11 of the City of Winslow, passed by the City Council on September 18, 1980, are hereby repealed. Section 34. Severability. If any section, sen- tence, clause or phrase of this ordinance, including any section adopted by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the valid- ity or constitutionality of any other section, sentence, clause or phrase of this ordinance or any other section adopted by reference. Section 35. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, ALICE B. TAWRES~/ ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: - 16 - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: EFFECTIVE DATE: ORDINANCE NO. 84-23 - 17 -