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HomeMy WebLinkAbout1886• ORDINANCE NO. / n ''� AN ORDINANCE adopting the policies of the State Environmental Policy Act, the Guidelines in 'relation thereto adopted by the State of Washington Council on Environmental Policy and adopting other provisions relative to said Act. WHEREAS the legislature of the State of Washington has adopted legislation referred to as the State Environmental Policy Act (Chapter 43.21C of the Revised Code of Washington) and it is necessary that all municipal corporations in the State of Washington adopt ordinances which are consistent with the state guidelines promulgated under the authority of said Act; NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows: Section 1. The City of Port Angeles hereby adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020. Section 2. ADOPTION BY REFERENCE. The City of Port Angeles hereby adopts by reference the following sections or sub- sections 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: Definitions. - 060: Scope of a Proposal and its Impacts. -160: No presumption of Significance for Non - Exempt Actions. - 170: Categorical Exemptions. - 175: Exemptions and Non - Exemptions Applic- able to specific State Agencies. - 180: Exemptions for Emergency Actions. - 200: Lead Agency -- Responsibilities. - 203: Determination of Lead Agency -- Procedures. -205: Lead Agency Designation -- Governmental Proposals. - 210: Lead Agency Designation -- Proposals involving Both Private and Public Construction. - 215: Lead Agency Designation -- Private Projects for Which There is Only One Agency. -220: Lead Agency Designation -- Private Projects, Licenses From More than One Agency When One is City /County. -225: Lead Agency Designation -- Private Projects, License From More Than One State Agency. - 230: Lead Agency Designation -- Specific Proposals. - 235: Local Agency Transfer of Lead Agency Status to a State Agency. - 240: Agreements as to Lead Agency Status. - 245: Agreements Between Agencies as to Division of Lead Agency Duties. - 260: Dispute as to Lead Agency Determina- tion-- Resolution by CEP. - 270: Assumption of Lead Agency by Another Agency with Jurisdiction. - 300: Threshold Determination Requirement. - 305: Recommended Timing for Threshold Determination. - 310: Threshold Determination Procedures- - Environmental Checklist. - 320: Threshold Determination Procedures- - Initial Review of Environmental Checklist. -330: Threshold Determination Procedures- - Information in Addition to Checklist. - 340: Threshold Determination Procedures- - Negative Declarations. -345: Assumption of Lead Agency Status by Another Agency with Jurisdiction- - Prerequisites, Effect and Form of Notice. -350: Affirmative Threshold Determinations. - 355: Form of Declaration of Significance/Non - Significance - 360: Threshold Determination Criteria- - Application of Environmental Checklist. --365: Environmental Checklist. - 370: Withdrawal of Affirmative Threshold Determination. - 375: Withdrawal of Negative Threshold Determination. - 390: Effect of Threshold Determination by Lead Agency. - 400: Duty to Begin Preparation of a Draft EIS. - 410: Pre -Draft Consultation Procedures. - 425: Organization and Style of a Draft EIS. - 440: Contents of a Draft EIS. - 442: Special Considerations Regarding Contents of an EIS. - 444: List of Elements of the Environment. - 450: Public Awareness of Availability of Draft EIS. - 455: Circulation of the Draft EIS -- Review Period. - 460: Specific Agencies to which Draft EIS shall be sent. - 465: Agencies possessing Environmental Expertise. - 470: Costs to the Public for Reproduction of Environmental Documents. - 480: Public Hearing on a Proposal - -When Required. - 485: Notice of Public Hearing on Environ- mental Impact of the Proposal. . -490: Public Hearing on the Proposal- -Use of Environmental Document. - 495: Preparation of Amended or New Draft EIS. - 500: Responsibilities of Consulted Agencies- - Local Agencies. - 510: Responsibilities of Consulted Agencies- - State Agencies with Jurisdiction. - 520: Responsibilities of Consulted Agencies- - State Agencies with Environmental Expertise. - 530: Responsibilities of Consulted Agencies- - When Pre -Draft Consultation has Occurred. - 535: Cost of Performance of Consulted Agency Responsibilities. - 540: Limitations on Responses to Consultation. - 545: Effect of No Written Comment. - 550: Preparation of the Final EIS - -Time Period Allowed. -570: Preparation of Final EIS- -When no Critical Comments Received on the Draft EIS. -580: Preparation of the Final EIS-- Contents -- When Critical Comments Received on Draft EIS. - 600: Circulation of the Final EIS. - 650: Effect of an Adequate Final EIS Prepared Pursuant to NEPA. - 652: Supplementation by a Lead Agency of an Inadequate Final NEPA EIS. -660: Use of Previously Prepared EIS for a Different Proposed Action. -690: Use of a Lead Agency's EIS by Other Acting Agencies for the Same Proposal. - 695: Draft and Final Supplements to a Revised EIS. - 700: No Action for Seven Days After Publica- tion of the Final EIS. - 710: EIS Combined with Existing Planning and Review Processes. -830: Responsibilities of Agencies - -SEPA Public Information Center. -835: Regional SEPA Public Information Centers. - 840: Application of Agency Guidelines to On -going Actions. Section 3. 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: (1) "Department" means any division, subdivision or organizational unit of the city /county established by ordinance, rule, or order. (2) "SEPA Guidelines" means chapter 197 -10 WAC adopted by the Council on Environmental Policy. Section 4. ENVIRONMENTALLY SENSITIVE AREAS. (1) The map filed in the Planning Division of the City of Port Angeles at the City Hall designated as the "environmentally sensitive area map" and adopted by reference hereto, designates the lobation of the environmentally sensitive areas within the City. For each sensitive area, exemptions within WAC 197 -10 -170 of the SEPA guidelines are identified on the maps as being inappli- cable to that area. Other exemptions not so identified shall con- tinue to apply within environmentally sensitive areas of the City. (2) Major actions which will be located wholly or partialll 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 4 because it is proposed for location in an environmentally sensitive area. Section 5. LEAD AGENCY DETERMINATION AND RESPONSIBILITIES. (1) Any department within the City receiving or initiat- ing 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 19.7 -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 determining the lead agency. NOTE: A lead agency must be an agency with jurisdiction. (2) 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. (3) 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 addition to that prepared by the lead agency. (4) In the event that the City or any department thereof receives a lead agency determination made by another agency which 5 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 within the fifteen (15) day time period. Any such petition on behalf of the City shall be initiated by the City Manager. (5) 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 assumption 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. (6) 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. Section 6. ENVIRONMENTAL CHECKLIST. (1) Except as provided in WAC 197 -10- 300(2), a completed environmental checklist, or a copy thereof, substantially in the form provided in WAC 197 -10 -365 shall be filed at the same time as an application for a permit, license, certificate, or other en- titlement for use not specifically exempted herein. This checklist shall be the basis for a determination by the City as to lead agency, then for the threshold determination. (2) For all proposals for which the City is the lead agency, the responsible official of the City shall make the thres- hold determination pursuant to the criteria and procedures of WAC 197 -10 -300 through -365. 6 • Section 7. PREPARATION OF EIS. (1) The draft and final EIS shall be prepared either by the responsible official �r 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 determina- tion. (2) In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private appli- cant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. (3) 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. (4) No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution. (5) In all occasions of EIS preparation the applicant is encouraged to provide information to the responsible official. Section 8. DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES FOR THE CITY. (1) The following person shall be responsible for the preparation of the written comments for the City in response to a 7 consultation request prior to a threshold determination, participa- tion in predraft consultation, or reviewing a draft EIS: The City Manager. (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 departments of the City. Section 8. DESIGNATION OF RESPONSIBLE OFFICIAL. (1) For those proposals for which the City is the lead agency, the responsible official shall be the City Manager. (2) 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 9. SEPA PUBLIC INFORMATION CENTER. (1) The following location constitutes the City's SEPA public information center: Planning Division of the City of Port Angeles City Hall Front and Oak Streets Port Angeles, Washington 98362 Telephone: (206) 457 -0411, extension 258 (2) 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. 8 • (3) The SEPA public information center shall contain the documents and provide the services required by WAC 197 -10 -830. Section 10. FEES. The following fees shall be required for actions by the City in accordance with the provisions of this ordinance: (1) Threshold Determination - -For every environmental assessment to be performed by the City when the City is lead agency a fee of $50.00 shall be required of the proponent of the proposal. This fee shall be collected prior to undertaking the threshold determination, and the time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee. (2) Environmental Impact Statements- - (a) For all proposals requiring an EIS for which the City is the lead agency and for which the responsible official deter- mines 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, applicants shall be advised of and shall post bond or otherwise insure payment of such costs. (b) 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 .4 mutual agreement of the City and applicant after a call for pro- posals. Applicants may be required to post bond or otherwise insure payment of such costs. 9 (c) 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. (3) No fee shall be collected by the City for performing its duties as a consulted agency. (4) 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. (5) The City may charge any person for copies of any docu- ment prepared pursuant to the requirements of this ordinance, and for mailing thereof, in a manner provided by chapter 42.17, RCW. Section 11. AUTHORITY TO DENY OR CONDITION ACTION TO MITIGATE OR PREVENT ADVERSE ENVIRONMENTAL IMPACT. The City shall have the authority to deny or condition action so as to mitigate or prevent adverse environmental impact. This authority applies to all City activities including actions as defined in this ordinance whether or not such activities are considered to be ministerial in nature. Section 12. 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. 10 PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the (a day of July, 1976. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: • 11 Mayor