ORD 92-06 SEPA REGULATIONSORDINANCE 92-06
AN ORDINANCE OF THE CITY OF BAINBRIDGE
ISLAND WASHINGTON RELATING TO
ENVIROblMENTAL POLI~CY IMPLEMENTING
SEPA REGULATIONS FOR 'tHE CITY AND
AMENDING CHAPTER 16.04 OF THE
MUNICIPAL CODE.
WHEREAS, State Environmental Policy Act (RCW Chapter 43.21C) allows
local jurisdictions to adopt rules and guidelines pertaining to the integration of
the policies and procedures of the State Environmental Policy Act of 1971
(SEPA); and
WHEREAS, The City of Bainbridge Island recently annexed a large area of
previously unincorporated territory; and
WHEREAS, The Chapter 16.04 of the Municipal Code adopting the SEPA
rules is deemed inadequate to serve the new city boundaries;
WHEREAS, the planning agency, as directed by the city council, conducted a
public hearing October 24, 1991, and formulated recommendations on the
proposed ordinance and transmitted those recommendations to the city council,
now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 16.04, Environmental Policy, of the Bainbridge Island Municipal
Code is hereby amended to read as follows:
PART ONE
AUTHORITY
16.04.010 Authority.
PART TWO
GENERAL REQUIREMENTS
16.04.020 Purpose of this part and adoption
by reference.
16.04.030 Additional definitions.
16.04.040
16.04.050
16.04.053
16.04.055
16.04.058
Designation of responsible
official.
Lead agency determination and
responsibilities.
Transfer of lead agency status to
a state agency.
Additional considerations in time
limits applicable to the SEPA
process.
Additional timing considerations.
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 1
February 20, 1992
PART THREE
CATEGORICAL EXEMPTIONS
THRESHOLD DETERMINATIONS
AND
16.04.065
16.04.070
16.04.080
16.04.090
16.04. 100
Purpose of this part and adoption
by reference.
Flexible thresholds for
categorical exemptions.
Use of exemptions.
Environmental checklist.
Mitigated DNS.
PART FOUR
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
16.04.110
16.04.120
16.04.125
Purpose of this part and adoption
by reference.
Preparation of EIS-Additional
considerations.
Additional elements to be
covered in an E1S.
PART FIVE
COMMENTING
16.04.128
16.04.130
16.04.140
Adoption by reference.
Public notice.
Designation of official to intbrm
consulted agency responsibilities
for the city.
PART SIX
USING EXISTING
DOCUMENTS
ENVIRONMENTAL
16.04. 150
Purpose of this part and adoption
by reference.
PART SEVEN
SEPA AND AGENCY DECISIONS
16.04. 155
16.04. 160
16.04.170
16.04.173
Purpose of this part and adoption
by reference.
Substantive authority.
Appeals.
Notice/statute of limitations.
PART EIGHT
DEFINITIONS
16.04. 175 Purpose of this part and adoption
by reference.
PART NINE
CATEGORICAL EXEMPTIONS
16.04.180 Adoption by reference.
PART TEN
AGENCY COMPLIANCE
16.04. 185
16.04. 190
16.04.200
Purpose of this part and adoption
by reference.
Environmentally sensitive areas.
Fees.
PART ELEVEN
FORMS
16.04.205 Adoption by reference.
PART ONE
AUTHORITY
16.04.010 Authority.
A. The city adopts this ordinance under the
State Environmental Policy Act (SEPA),
RCW 43.21C. 120, and the SEPA rules,
WAC 197-11-904.
B. This ordinance contains this city' s SEPA
procedures and policies.
C. The SEPA rules, chapter 197-11 WAC,
must be used in conjunction with this
ordinance.
PART TWO
GENERAL REQUIREMENTS
16.04.020 Purpose of this part and
adoption by reference.
This part contains the basic requirements that
apply to the SEPA process. The city adopts
the following sections of chapter 197-11 of
the Washington Administrative Code (WAC)
by reference:
Page 2
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
WAC
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
information.
Supporting documents.
Information required of
applicants.
16.04.030 Additional definitions.
In addition to those definitions contained
within WAC 197-11-700 through 197-11-
799, when used in this ordinance, the
tollowing terms shall have the tollowing
meanings, unless the context indicates
otherwise:
(1) "SEPA rules" means chapter 197-11
WAC adopted by the department of
ecology.
(2) "Early notice" means the city's response
to an applicant stating whether it
considers issuance of a determination of
significance likely for the applicant's
proposal (mitigated determination of non-
significance (DNS) procedures).
(3) "City department" means any division,
subdivision or organizational unit of the
city established by ordinance, rule or
order.
16.04.040 Designalion of responsible
official.
(1) For those proposals for which the city is
the lead agency, the responsible official
shall be the director of planning and
con~munity development or any other such
person as the director may designate in
writing.
(2) For all proposals for which the city is the
lead agency, the responsible official shall
make the threshold determination,
supervise scoping and preparation of any
required environmental impact statement
(EIS), and perform any other functions
assigned to the "lead agency" or
"responsible official" by those sections of
(3)
the SEPA rules that were adopted by
reference in 16.04.020.
The city shall retain all documents
required by the SEPA rules (chapter
197-11 WAC) and make them available
in accordance with Chapter 42.17 RCW.
16.04.050 Lead agency determination and
responsibilities.
(1) If the city receives an application tbr or
initiates a proposal that involves a
nonexempt action, the city shall
determine the lead agency for that
proposal under WAC 197--11-050 and
197-11-922 through 197-11-940, unless
the lead agency has been previously
determined or the city is aware that
another agency is in the process of
determining the lead agency.
(2) When the city is not the lead agency for
a proposal, 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. The
city shall not prepare or require
preparation of a DNS or EIS in addition
to that prepared by the lead agency,
unless required under WAC 197-11 -
600. In some cases, the: city may
conduct supplemental environmental
review under WAC 197-11-600.
(3) If the city 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 resolved within fifteen
days of receipt of the determination, or
the city must petition the department of
ecology for a lead agency determination
under WAG 197-11-946 within the
fifteen day time period. Any such
petition on behalf of the city may be
initiated by the responsible official.
(4) The city is authorized to make
agreements as to lead agency status or
shared lead agency duties for a proposal
under WAC 197-11-942 and 197-11-
944: Provided, that the responsible
CiTY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 3
February 20, 1992
official and any city department that will
incur responsibilities as the result of such
agreement approve the agreement.
(5) The city, in making a lead agency
determination for a private project, shall
require sufficient information from the
applicant to identity which other agencies
have jurisdiction over the proposal (that
is: which agencies require nonexempt
licenses?).
16.04.053 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 one or more state agencies have
jurisdiction, the responsible official may elect
to transfer the lead agency duties to a state
agency. The state agency with jurisdiction
appearing first on the priority listing in WAC
197-11-936 shall be the lead agency and the
city shall be an agency with jurisdiction. To
transfer lead agency duties, the responsible
official 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 of the city shall also give notice of the
transfer to the private applicant and any other
agencies with jurisdiction over the proposal.
16.04.055 Additional considerations in tinm
limits applicable to the SEPA process.
Time estimates contained in this section
(expressed in calendar days) shall 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 expertise, etc.
The time estimates contained herein shall not
be construed to be mandatory. Time periods
for making threshold determinations shall
commence upon payment of fees.
(1) Categorical exemptions. The city will
normally identify whether an action is
categorically exempt within seven days of
receiving a co~npleted application.
(2) Threshold determinations.
(a) The city will normally complete
threshold determinations that can be
based solely upon review of the
environmental checklist for the
proposal within fifteen days of the
date an applicant's completed
application and completed checklist
are submitted.
(b) When the responsible official requires
further information from the applicant
or consultation with other agencies
with jurisdiction:
(i) The city will normally request
such further information within
fifteen days of receiving an
completed application and
completed environmental
checklist;
(ii) The city will normally wait no
longer than thirty days for a
consulted agency to respond;
(iii) The responsible official will
normally complete the threshold
determination within fifteen days
of receiving the requested
information from the applicant
or the consulted agency.
(c) When the city must initiate further
studies, including field investigations,
to obtain the information to make the
threshold determination, the city will
normally complete the studies within
thirty days of receiving a completed
application and a completed checklist.
(d)The city will normally complete
threshold determinations on actions
where the applicant recommends in
writing that an EIS be prepared,
because of the probable significant
adverse environmental impact(s)
described in the application, within
fifteen days of receiving an completed
application and completed checklist.
Page 4
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
16.04.058 Additional timing
considerations.
(1) If the city's only action on a proposal is
a decision on a building permit or other
license 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.
(2) In addition to the environmental
documents, an applicant 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.
PART THREE
CATEGORICAL EXEMPTIONS
THRESHOLD DETERMINATIONS
AND
16.04.065 Purpose of this part and
adoption by reference.
This part contains the rules for deciding
whether a proposal has a "probable
significant, adverse environmental impact"
requiring an environmental impact statement
(EIS) to be prepared. This part also contains
rules for evaluating the impacts of proposals
not requiring an EIS. The city adopts the
following sections by reference, as
supplemented in this part:
WAC
197-11-300
197-11-305
197-11-310
i97-11-315
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 intbrmation.
Determination of non-
significance (DNS).
Mitigated DNS.
Determination of significance
(DS)/initiation of scoping.
Effect of threshold
determination.
16.04.070 Flexible thresholds for categorical
exemptions.
(1) Categorical exemptions are adopted by
reference under 16.04.180. The city
establishes the following exempt levels
for minor new construction under WAC
197-11-800(1)(b) based on local
conditions:
(a) For residential dwelling units in
WAC 197-11- 800 (1)(b)(i): 4 units.
(b) For agricultural structures in WAC
197-11-800 (1)(b)(ii): 10,000 square
feet.
(c) For office, school, commercial,
recreational, service or storage
buildings in WAC 197-11-800
(1)(b)(iii): 4,000 square feet and 20
parking spaces.
(d) For parking lots in WAC 197-11-800
(1)(b)(iv): 20 parking spaces.
(e) For landfills and excavations in WAC
197-11-800(1)(b)(v): 100 cubic yards.
(2) The city shall send the new exempt
levels established under this section to
the Department of Ecology,
Headquarters Office, Olympia,
Washington, 98504 under WAC 197-11-
800 (1)(c).
16.04.080 Use of exemptions.
(1) Upon receiving an application for a
license or, in the case of governmental
proposals, initiating the proposal, the
city shall determine whether the license
and/or the proposal is exempt. The
city'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 ordinance shall
apply to the proposal.
(2) In determining whether or not a proposal
is exempt, the city shall make certain the
proposal is properly defined and shall
identity the governmental licenses
required. WAC 197-11-060. If a
proposal includes exempt and nonexempt
actions, the city shall determine the lead
agency, even if the license application
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 5
February 20, 1992
that triggers the city's consideration is
exempt.
(3) 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
(i)
(ii)
Any nonexempt action;
Any action that would have an
adverse environmental impact; or
(iii) Any action that would limit the
choice of alternatives.
The city ma.y withhold approval of an
exempt acnon that would lead to
modification of the physical
environment, when such modification
would serve no purpose if nonexempt
action(s) were not approved; and
The city 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.
Short subdivision of lands previously
subdivided under an exemption from
the SEPA rules shall not be exempt
from environmental review.
Proposed short subdivision of land that
is adjacent to previous short
subdivisions or adjacent to land on
which a subdivision is pending shall
not be exempt if adjacent subdivisions
share any unprovements or access
easements. In such cases, the proposed
short plat will be considered
physically or functionally related
regardless of ownership.
(b)
(C)
(4) (a)
<b)
16.04.090 Environmental checklist.
(1) A completed environmental checklist (or
a copy), in the form provided in
WAC 197-11-960, shall be filed at the
same time as an application for a permit,
license, certificate, or other approval not
specifically exempted in this ordinance;
provided, that a checklist is not needed if
the city and applicant agree an EIS is
required, SEPA compliance has been
completed, or SEPA compliance has
been initiated by another agency. The
city shall use the environmental checklist
to determine the lead agency.
(2) For private proposals, the city will
require the applicant to complete the
environmental checklist, providing
assistance as necessary. For city
proposals, the applicant shall complete
the environmental checklist for that
proposal.
(3) The city may require that it or a
consultant of the city' s choosing, and not
the private applicant, shall con~plete all
or part of the environmental checklist for
a private proposal, if either of the
following occurs:
(a) The city has technical information on
a question or questions that is
unavailable to the private applicant;
or
(b) The applicant has provided inaccurate
information on previous proposals or
on proposals currently under
consideration.
Prior to the hiring of such consultant, the
applicant, the city and the consultant shall
enter into a three-party agreement under
which the applicant pays the consultant
directly for services rendered.
16.04.100 Mitigated DNS.
(1) As provided in this section and in WAC
197-11-350, the responsible official may
issue a DNS based on conditions
attached to the proposal by the
responsible official or on changes to, or
clarifications of, the proposal made by
the applicant.
(2) An applicant may request in writing
early notice of whether a DS is likely
under WAC 197-11-350. The request
must:
(a) Follow submission of a permit
application and environmental
checklist for a nonexempt proposal
for which the city is lead agency; and
(b) Precede the city's actual threshold
determination for the proposal.
Page 6
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
(3) The responsible official should respond
to the request for early notice within 15
working days. The response shall:
(a) Be written;
(b) 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
(c) State that the applicant may change or
clarify the proposal to mitigate the
indicated ~mpacts, revising the
environmental checklist and/or permit
application as necessary to reflect the
changes or clarifications.
(4) As much as possible, the city should
assist the applicant with identification of
impacts to the extent necessary to
formulate mitigation measures.
(5) When an applicant submits a changed or
clarified proposal along with a revised or
amended environmental checklist, the city
shall base its threshold determination on
the changed or clarified proposal and
should make the determination within
fifteen days of receiving the changed or
clarified proposal:
(a) If the city indicated specific mitigation
measures in its response to the request
for early notice, and the applicant
changed or clarified the proposal to
include those specific mitigation
measures, the city shall issue and
circulate a DNS under WAC 197-11-
340(2).
(b) If the city indicated areas of concern,
but did not indicate specific mitigation
measures that would allow it to issue
a DNS, the city shall make the
threshold determination, issuing a
DNS or DS as appropriate.
(c) The applicant's proposed mitigation
measures (clarifications, changes or
conditions) must be in writing and
must be specific. For example,
proposals to "control noise" or
"prevent stormwater runoff" are
inadequate, whereas proposals to
"muffle machinery to X decibel" or
"construct 200-foot stormwater
retention pond at Y location" are
adequate.
(d) 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.
(6) A mitigated DNS is issued under WAC
197-11-340(2), requiring a fifteen-day
comment period and public notice.
(7) Mitigation measures incorporated in the
mitigated DNS shall be deemed
conditions of approval of the permit
decision and may be enforced in the
same manner as any term or condition of
the permit, or enforced in any manner
specifically prescribed by the city.
Failure to comply with the designated
mitigation measures shall be grounds for
suspension and/or revocation of any
issued license or permit.
(8) If the city's tentative decision on a
permit or approval does not include
mitigation measures that were
incorporated in a mitigated DNS for the
proposal, the city should evaluate the
threshold determination to assure
consistency with WAC 197-11-340 (3)(a)
(withdrawal of DNS).
(9) The city's written response under
subsection (2) of this section shall not be
construed as a determination of
significance. In addition, preliminary
discussion of clarifications or changes to
a proposal, as opposed to a written
request for early notice, shall not bind
the city to consider the clarifications or
changes in its threshold dete. rmination.
PART FOUR
ENVIRONMENTAL
STATEMENT (EIS)
IMPACT
16.04.110 Purpose of this part and
adoption by reference.
This part contains the rules for preparing
environmental impact statements. The city
adopts the following sections by reference, as
supplemented by this part:
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 7
February 20, 1992
WAC
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 E1S.
General requirements.
EIS types.
E1S timing.
Scoping.
Expanded scoping.
EIS preparation.
Style and size.
Format.
Cover letter or memo.
EIS contents.
Contents of EIS on non-project
proposals.
EIS contents when prior non-
project EIS.
Elements of the environment.
Relationship of EIS to other
considerations.
Cost-benefit analysis.
Issuance of DEIS.
Issuance of FEIS.
However, the applicant is not required to
supply information that is not required
under this ordinance or that is being
requested from another agency. (This
does not apply to information the city
may request under another ordinance or
statute. )
16.04.125 Additional elements to be
covered in an EIS.
The following additional elemenB 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 this ordinance:
(1) Economy.
(2) Social policy analysis.
(3) Cost-benefit analysis.
(4) Such other elements as may be required
by the responsible official.
16.04.120 Preparation of EIS - Additional
considerations.
(1) Preparation of draft and final EISes
(DEIS and FEIS) and draft and final
supplemental EISes (SEIS) is the
responsibility of the city 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.
(2) The DEIS and FEIS or draft and final
SEIS shall be prepared by city staff, the
applicant, or by a consultant selected by
the city or the applicant. If the
responsible 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 immediately after completion of
the threshold determination. The
responsible official shall also notify the
applicant of the city's procedure for EIS
preparation, including approval of the
DEIS and FEIS prior to distribution.
(3) The city may require an applicant to
provide information the city does not
possess, including specific investigations.
PART FIVE
COMMENTING
16.04.128 Adoption by reference.
This part contains rules for consulting,
commenting, and responding on all
environmental documents under SEPA,
including rules for public notice and hearings.
The city adopts the tollowing sections by
reference, as supplemented in this part:
WAC
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.
16.04.130 l~blic notice.
(1) Whenever the city issues a DNS under
WAC 197-11-340(2) or a DS under
Page 8
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
WAC 197-11-360(3) the city shall give
public notice as follows:
(a) When possible, public notice
requirements under SEPA should be
combined with notice requirements for
an application. This notice shall state
whether a DS or a DNS was issued
and when all comments are due. (For
exa~nple, if the timing for notice
requirements for a subdivision or
construction project coincide with the
timing requirements under SEPA, then
the city shall combine information on
the application notice and have one
time frame for all comments.) The
city will use whichever notice
requirements are greater.
(b) When public notice requirements for a
license or permit do not coincide with
SEPA notice requirements, the city
shall give notice of the DNS or DS by
using all of the following means:
(i) Posting the property for site
specific proposals or mailing to
property owners within 300 feet
of the proposal if the project is
site specific, or both, as
determined by the responsible
official. For posting, the
applicant shall supply and erect
an eight square foot notice board
on all site specific projects on all
adjacent rights-of-way or in
accordance with requirements set
forth by the Office of Planning
and Community Development;
and
(ii) Publishing notice in the city's
legal newspaper for two
consecutive weeks; and
(iii) Notifying public or private groups
which have expressed interest in
writing for a certain proposal or
in the type of proposal being
considered; and
(iv) Sending notice to agencies as
directed by the responsible
official (either general lists or
lists for specific proposals for
subject areas); and
(c)
(v) Any other reasonable method
calculated to inform the public
and other agencies or required by
statute or ordinance, as
determined by the responsible
official.
Whenever the city issues a DS under
WAC 197-11-360(3), the city shall
state the scoping procedure for the
proposal in the DS as required in
WAC 197-11-408 and in the public
notice.
(2) Whenever the city issues a DEIS under
WAC 197-11-455(5) or a SEIS under
WAC 197-11 - 620, notice of the
availability of those documents shall be
given by indicating the availability of the
DEIS in any public notice required for a
nonexempt license and all of the following
methods:
(i) Posting the property for site specific
proposals or mailing to property
owners within 300 feet of the
proposal, if the project is site
specific, or both, as deter~nined by
the responsible official. For posting,
the applicant shall supply and erect
an eight square foot notice board on
all site specific projects in accordance
with require~nents set forth by the
Office of Planning and Community
Development; and
(ii) Publishing notice in the city's legal
newspaper for two consecutive
weeks; and
(iii) Notifying public or private groups
which have expressed interest in a
certain proposal or in the type of
proposal being considered; and
(iv) Sending notice to agency mailing lists
(either general lists or lists for
specific proposals for subject areas);
and
(v) Any other reasonable method
calculated to inform the public and
other agencies or required by statute
or ordinance, as determined by the
responsible official.
(3) Whenever possible, the city shall integrate
the public notice required under this
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 9
February 20, 1992
section with existing notice procedures for
the city's nonexempt permit(s) or
approval(s) required for the proposal.
(4) Notice of public hearings shall be
published no later than ten days before
the hearing. Notices shall be mailed to
owners of property within 300 feet of the
site and posted as described in this
section.
(5) The city shall require an applicant to
complete the public notice requirements
for the applicant' s proposal at the
applicant's expense, compensate the city
for costs of carrying out the public notice
requirements on behalf of the applicant,
or provide services or materials to assist
the city in carrying out the public notice
requirements.
16.04.140 Designation of official to perform
consulted agency responsibilities for the
city.
( 1 ) The responsible official shall be
responsible for preparation of written
comments for the city in response to a
consultation request prior to a threshold
determination, participation in scoping,
and reviewing a DEIS.
(2) 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 city
departments.
PART SIX
USING EXISTING
DOCUMENTS
ENVIRONMENTAL
16.04.150 Purpose of this part and
adoption by reference.
This part contains rules for using and
supplementing existing environmental
documents prepared under SEPA or National
Environmental Policy Act (NEPA) for the
city's own environmental compliance. The
city adopts the following sections by
reference:
WAC
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 statement -- Procedures.
Addenda -- Procedures.
Adoption -- Procedures.
Incorporation by reference '-
Procedures.
Combining documents.
PART SEVEN
SEPA AND AGENCY DECISIONS
16.04.155 The Purpose of this part and
adoption by reference.
This part contains rules (and policies) for
SEPA' s substantive authority, stlch as
decisions to mitigate or reject proposals as a
result of SEPA. This part also contains
procedures for appealing SEPA determinations
to agencies or the courts. The city adopts the
following sections by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 hnplementation.
197-11-660 Substantive authority
mitigation.
197-11-680 Appeals.
and
Page 10
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
16.04.160 Substantive authority.
(1) The policies and goals set forth in this
ordinance are supplementary to those in
the existing authorization of the City of
Bainbridge Island.
(2) The city may attach conditions to a permit
or approval for a proposal so long as:
(a) Such conditions are necessary to
mitigate specific probable adverse
environmental impacts identified in
environmental documents prepared
pursuant to this ordinance; and
(b) Such conditions are in writing; and
(c) The conditions or mitigation measures
included in such conditions are
reasonable and capable of being
accomplished; and
(d) The city has considered whether other
local, state, or federal mitigation
measures applied to the proposal are
sufficient to mitigate the identified
impacts; and
(e) Such conditions are based on one or
more policies in subsection (4) of this
section.
(3) The city may deny a permit or approval
for a proposal on the basis of SEPA so
long as:
(a) A finding is made that approving the
proposal would result in probable
significant adverse environmental
impacts that are identified in a FEIS
or final SEIS prepared pursuant to this
ordinance; and
(b) A finding is made that no reasonable
mitigation measures are capable of
being accomplished that are sufficient
to mitigate the identified impact; and
(c) The denial is based on one or more
policies identified in subsection (4) of
this section and identified in writing
in the decision document.
(4) The city designates and adopts by
reference the following policies as the
basis for the city's exercise of authority
pursuant to this section:
(a) The city shall use all practicable
means, consistent with other essential
considerations of state policy, to
improve and coordinate plans,
functions, programs, and resources to
the end that the state and its citizens
may:
(i) Fulfill the responsibilities of each
generation as trustee of the
environment for succeeding
generations;
(ii) Assure tbr all people of
Washington safe, healthful,
productive, and aesthetically and
culturally pleasing surroundings;
(iii) Attain the widest range of
beneficial uses of the
environment without degradation,
risk to health or sat*ely, or other
undesirable and unintended
consequences:
(iv) Preserve important historic,
cultural, and natural aspects of
our national heritage:;
(v) Maintain, wherever possible, an
environment which supports
diversity and variety of
individual choice;
(vi) Achieve a balance between
population and resource use
which will permit high standards
of living and a wide sharing of
life's amenities; and
(vii) Enhance the quality of renewable
resources and approach the
maximum attainable recycling of
depletable resources.
(b) 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
enhancement of the environment.
(c) The city adopts by rel*erence the
policies in the following:
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 11
February 20, 1992
(vi)
(vii)
(viii)
~ix)
(x~
{xi)
(xii)
(xiii)
(xiv)
(xv)
(i) Bainbridge Island Municipal
Code, including all other chapters
contained ~n Title 16,
Environment.
(ii) Bainbridge Island Subarea Land
Use Plan dated December 18,
1989, and map.
(iii) Shoreline Management Act.
(iv) Water Quality Act.
(v) Bainbridge Island Park and
Recreation District
Comprehensive Plan, 1990.
Bremerton-Kitsap County Board
of Health Regulations.
Growth Management Act.
Forest Practice Act and
Regulations.
Kitsap County Open Space Plan,
April, 1987.
Kitsap County Water and Sewer
Plan.
Kitsap County Comprehensive
Plan.
Kitsap County View Blockage
Resolution #240-1984.
Kitsap County Noise Ordinance.
Kitsap County Zoning Ordinance
as amended March, 1990.
Kitsap County Shoreline Master
Program, July 11, 1977.
(xvi) Winslow Ordinance 90-17.
(xvii) Kitsap regional critical area
policies.
(xviii) Kitsap County Ground Water
Management Plan dated
April, 1991.
16.04.170 Appeals.
A. Any person may appeal the issuance of:
1. A determination of non-significance;
2. A determination of significance;
3. A final environmental impact
statement; and
4. Except for permits or variances issued
pursuant to Chapter 16.12 of this
code, any decision of a non-elected
official on a proposal or action not
requiring a decision of the city council
that conditions or denies the proposal
or action on the basis of SEPA. No
other SEPA appeal shall be allowed.
B. An appeal must be filed in writing with
the responsible official within ten
calendar days of the date of the decision
becomes final. The appeal shall identify
the decision, contain a summary of the
grounds for the appeal and be
accompanied by an appeal fee in an
amount established by resolution of the
city council. Following receipt of the
appeal and the fee, the responsible
official shall transmit a copy of the
appeal to the hearing examiner.
C. The appeal shall be heard by the hearing
examiner at a public hearing, notice of
which shall be published once and mailed
to the appellant and delivered to the
responsible official at least 15 days
before the public hearing. At the public
hearing, the hearing examiner shall
consider all relevant evidence and take
testimony on oath. The public hearing
shall be tape recorded. Upon completion
of the public hearing, the hearing
examiner shall enter findings of tact,
conclusions of law and a decision, giving
substantial weight to the decision of the
responsible official.
D. The decision of the hearing examiner
shall become final unless any person or
city department or agency appeals the
decision by filing a written appeal with
the city clerk within 10 calendar days of
the date of the decision. The appeal shall
identify the decision and shall contain a
summary of the grounds for the appeal.
Following receipt of the appeal, the city
clerk shall transmit a copy of the appeal
to the chair of the city council.
E. The city council shall consider the appeal
at a public hearing, the date and time of
which shall be fixed at a meeting of the
city council. Notice of the date and time
of the public hearing shall be published
once and mailed to the appellant and the
responsible official at least 15 days
before the public hearing. The city
council shall consider the appeal on the
record as presented to the hearing
examiner and on written appeal
statements and arguments of the
appellant and the city. The city council
Page 12
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
F,
may allow the city and the appellant to
~nake oral argument based ont he record,
may visit the site and may permit the
record to be supplemented. Any
additional testimony shall be taken under
oath and the meeting shall be taped
recorded. After consideration of the
record, written appeal statements and
arguments, and additional evidence and
oral argument, if any, the city council
shall enter its own findings of fact,
conclusions of law and a decision, which
may adopt in whole or in part by
reference the findings of tact and
conclusions of law and decision entered
by the hearing examiner. In rendering a
decision, the city council shall give
substantial weight to the decision of the
responsible official. The decision of the
city council is final unless an appeal is
filed with the Superior Court.
The city shall give official notice under
WAC197-11-680(5) whenever it issues a
permit or approval for which a statute or
ordinance establishes a time limit for
commencing judicial appeal.
16.04.173 Notice/statute of limitations.
(1) The city, applicant for, or proponent of
an action may publish a notice of action
pursuant to RCW 43.21C.080 for any
action.
(2) The form of the notice shall be
substantially in the form provided in
WAC 197-11-990. The notice shall be
l~ublished by the city clerk or county
auditor, applicant or proponent pursuant
to RCW 43.21C.080.
PART EIGHT
DEFINITIONS
16.04.175 Purpose of this part and
adoption by reference.
This part contains uniform usage and
definitions of terms under SEPA. The city
adopts the following sections by reference, as
supplemented by 16.04.040:
WAC
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
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
197-1
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 non" significance
(DNS).
1-736 Determination of significance
<DS).
1-738 EIS.
1-740 Environment.
1-742 Environmental checklist.
1-744 Environmental document.
1-746 Environmental review.
1-748 Environmentally sensitive area.
1-750 Expanded scoping.
1-752 Impacts.
1-754 Incorporation by reference.
1-756 Lands covered by water.
1-758 Lead agency.
1-760 License.
1-762 Local agency.
1-764 Major action.
1-766 Mitigated DNS.
1-768 Mitigation.
1-770 Natural envi ron men t.
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
NEPA.
Non-project.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06
Page 13
February 20, 1992
197-11-793
197-11-794
197-11-796
197-11-797
197-11-799
action.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental
PART NINE
CATEGORICAL EXEMPTIONS
16.04.180 Adoption by reference.
The city adopts by reference the following
rules for categorical exemptions, as
supplemented in this ordinance, including
16.04.070 (Flexible thresholds), 16.04.080
(Use of exemptions), and 16.04.190
(Environmentally sensitive areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change
exemptions.
PART TEN
AGENCY COMPLIANCE
16.04.185 Purpose of this part and
adoption by reference.
This part contains rules for agency
compliance with SEPA, including rules for
charging fees under the SEPA process,
designating environmentally sensitive areas,
listing agencies with environmental expertise,
selecting the lead agency, and applying these
rules to current agency activities. The city
adopts the following sections by reference, as
supplemented by 16.04.050through 16.04.053
and this part:
WAC
197-11-900
197-11-902
197-11-916
197-11-920
197-11-922
197-11-924
Purpose of this part.
Agency SEPA policies.
Application to ongoing actions.
Agencies with environmental
expertise.
Lead agency rules.
Determining the lead agency.
197-11-926
197-11-928
197-11-930
197-11-932
197-11-934
197-11-936
197-1
197-1
197-1
197-1
197-1
197-1
Lead agency/'or govermnental
proposals.
Lead agency for public and
private proposals.
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 county/city, and one
or more state agencies.
Lead agency for private projects
requiring licenses from more than
one state agency.
1-938 Lead agencies for specific
proposals.
1-940 Transfer of lead agency status to
a state agency.
1-942 Agreements on lead agency status.
1-944 Agreements on division of lead
agency duties.
1-946DOE resolution of lead agency
disputes.
1-948 Assumption of lead agency status.
16.04.190 Environmentally sensitive areas.
(1) The responsible official shall designate
environmentally 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
clerk and the Department of Ecology,
Headquarters Office, Olympia,
Washington. The environmentally
sensitive area designations shall have full
force and effect of law as o~' the date of
filing.
(2) The city shall treat proposals located
wholly or partially within an
environmentally sensitive area as other
non-exe~npt proposals under this
ordinance, making a threshold
determination for all such proposals. The
city shall not automatically require an
EiS for a proposal merely because it is
Page 14
February 20, 1992
CITY OF BAiNBRIDGE ISLAND SEPA ORDINANCE #92-06
proposed for location in an
environmentally sensitive area.
(3) 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.
16.04.200 Fees.
The city shall require the following tees for
its activities in accordance with the provisions
of this ordinance:
( 1 ) Threshold determination. For every
environmental checklist the city will
review when it is lead agency, the city
shall collect a fee as established by
resolution of the city council from the
proponent of the proposal prior to
undertaking the threshold determination.
The time periods provided by this
ordinance for making a threshold
determination shall not begin to run until
payment of the fee. When the city
completes the environmental checklist at
the applicant' s request or under
16.04.090(3) of this ordinance, an
additional cost plus a percent as
established by resolution of the city
council shall be collected.
(2) Environmental impact statement.
(a) 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 will charge and
collect a reasonable fee frown any
applicant to cover costs incurred by
the city in preparing the EIS. The
responsible official shall advise the
applicant(s) of the projected costs for
the EIS prior to actual preparation; the
applicant shall post bond or otherwise
ensure payment of such costs.
(b) The responsible official ~nay determine
that the city will contract directly with
a consultant of the city's choice for
preparation of an EIS, or a portion of
the EIS, for activities initiated by
(3)
(4)
(5)
some persons or entity other than the
city and may bill such costs and
expenses directly to the applicant.
The city may require the applicant to
post bond or otherwise ensure
payment of such costs. Such
consultants shall be selected by
mutual agreement of the city and
applicant.
(c) If a proposal is modified 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 are paid.
The city will collect a reasonable fee
from an applicant to cover the cost of
meeting the public notice requirements
of this ordinance relating to the
applicant' s proposal.
The city shall not collect a fee for
performing its duties as a consulted
agency.
The city will charge any person for
copies of any document prepared under
this ordinance, and for mailing the
document, in a manner provided by
chapter 42.17 RCW.
PART ELEVEN
FORMS
16.04.205 Adoption by reference.
The city adopts the/'oilowing t'orms and
sections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of non--significance
(DNS).
197-11-980 Determination of significance and
scoping notice (DS).
197-11-985Notice of assumption of lead
agency status.
197-11-990 Notice of action.
CITY OF BAINBRIDGE iSLAND SEPA ORDINANCE #92-06
Page 15
February 20, 1992
Section 2. Effective date. The effective date of this ordinance is five days fi'om and
after its passage, approval, publication and posting as required by law.
PASSED by the City Council this 20th day of February , 1991.
APPROVED by the mayor this
ATTEST/AUTHENTICATE:
20th day of E bruary 91.
RALPH EELLS, City Clerk/Treasurer
FILED WITH THE CITY CLERK: February 20, 1992
PASSED BY THE CITY COUNCIL: February 20,
PUBLISHED: February 25, 1992
POSTED: February 25, 1992
EFFECTIVE DATE: March 1, 1992
ORDINANCE NUMBER: 92-06
1992
Page 16
February 20, 1992
CITY OF BAINBRIDGE ISLAND SEPA ORDINANCE #92-06