HomeMy WebLinkAbout3934 AN ORDINANCE amending Ordinance No. ~ to
incorporate the Washington State Environmental
Policy Act Rules.
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 adopted 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's
procedures and formally designating its SEPA policies;
NOW, THEREFORE, THE CITY OF BREMERTON DOES ORDAIN:
I
AUTHORITY
SECTION A: Authority. The City of Bremerton 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 policies. The SEPA
Rules, Chapter 197-11 WAC, must be used in conjunction with this
Ordinance.
II
GENERAL REQUIREMENTS
SECTION A. 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 by reference.
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
SECTION B: 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:
1. "Department" means any division, subdivision or
organizational unit of the City established by ordinance, rule or
order.
2. "SEPA Rules" means Chapter 197-11 WAC adopted by
the Department of Ecology.
3. "Ordinance" means the ordinance, resolution or
other procedure used by the City to adopt regulatory
requirements.
4. "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 DNS procedures).
5. "DS" means determination of significance. See WAC
197-11-736.
6. "DNS" means determination of non-significance. See
WAC 197-11-734.
7. "EIS" means Environmental Impact Statement. See,
generally, WAC 197-11-400s.
8. "DEIS" means draft Environmental Impact Statement.
See WAC 197-11-405.
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9. "FEIS" means final Environmental Impact Statement.
See WAC 197-11-405.
10. "SEIS" means supplemental Environmental Impact
Statement. See WAC 197-11-405.
SECTION C: Designation and responsibility of responsible
official.
(1) For the proposals for which the City is the lead
agency, the responsible official shall be the Planning Director
or his appointed designee.
(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 the SEPA rules that were adopted by
reference in Section A.
(3) 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.
SECTION D: Lead agency determination and responsibilities.
(1) The department within the City 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 WAC
197-11-940; 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.
(2) When the City is the lead agency for a proposal,
the department receiving the application shall refer the proposal
to the responsible official who shall supervise compliance with
the threshold determination requirements, and if an EIS is
necessary, shall supervise preparation of the EIS.
(3) 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. No City department shall
prepare or require preparation of a DNS or ElS 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.
(4) 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 resolved within fifteen (15) days of receipt of the
determination, or the City must petition the Department 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 Planning Director.
(5) 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.
(6) In making a lead agency determination for a private
project shall require sufficient information from the applicant
to identify which other agencies have jurisdiction over the
proposal, i.e., which agencies require nonexempt licenses.
SECTION E: 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 City's 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
City's 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.
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SECTION F: Additional considerations in time limits
applicable to the SEPA process. The following time limits
(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:
(1) Categorical exemptions. The City should identify
whether an action is categorically exempt within seven (7) days
of receiving a completed application.
(2) Threshold determinations. When the responsible
official requires further information from the applicant or
consultation with other agencies with jurisdiction:
(a) The City shall wait no longer than
thirty (30) days for a consulted agency to respond;
(b) The responsible official should complete
the threshold determination within fifteen (15) days of
receiving the requested information from the applicant
or the consulted agency.
SECTION G: Additional timin~ considerations.
(1) For nonexempt proposals, the DNS or draft EIS
for the proposal shall accompany the City's staff recommendation
to the appropriate decision making body, such as the Planning
Commission.
(2) 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.
III
CATEGORICAL EXEMPTIONS AND
THRESHOLD DETERMINATIONS
SECTION A: 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 of
Chapter 197-11 of the Washington Administrative Code by
reference, as supplemented in this part:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)/initiation
of scoping.
197-11-390 Effect of threshold determination.
SECTION B: Use of categorical exemptions.
(1) Whenever a department within the City receives an
application for a license or, in the case of governmental
proposals the department within the City initiates the proposal,
the Planning Department shall determine whether the license
and/or the proposal is exempt. The Planning Department'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 apply to the
proposal. The City shall not require completion of an
Environmental Checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt,
the Planning Department shall make certain that the proposal is
properly defined and shall identify the governmental licenses
required (WAC 197-11-060). If a proposal includes exempt and
non-exempt actions, the Planning Department shall determine the
lead agency even if the license application that triggers the
department'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 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 alternatives.
(b) The responsible official may withhold approval
of an exempt action that would lead to modification of the
physical environment, when such modification would serve no
purpose if nonexempt action(s) were not approved; and
(c) The responsible official 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.
SECTION C: 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;
except, 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, and
if the City is the lead agency, for determining the responsible
official and for making the threshold determination.
(2) For private proposals, the City will require the
applicant to complete the environmental checklist, providing
assistance as necessary. For City proposals, the department
initiating the proposal shall complete the environmental
checklist for that proposal.
(3) The City may require that it, and not the private
applicant, will complete 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
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private applicant; or
(b) The applicant has provided inaccurate
information on previous proposals or on proposals
currently under consideration.
SECTION D: Mitigated DNS.
(1) As provided in this Section and in WAC 197-11-350,
the responsible official may issue a determination of
nonsignificance (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:
follow submission of a permit application and environmental
checklist for a nonexempt proposal for which the department is
lead agency; and precede the City's actual threshold
determination for the proposal.
(3) The responsible official should respond to the
request for early notice within ten (10) working days. The
response shall: be written; state whether the City currently
considers issuance of a DS likely and, if so, indicate the
general or specific area(s) 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, 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 environmental checklist, the City
shall base its threshold determination on the changed or
clarified proposal and should make the determination within
fifteen (15) days of receiving the changed or clarified proposal;
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
determination of nonsignificance under WAC 197-11-340(2); 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; 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; 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 WAC197-11-340(2),
requiring a fifteen (15) 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.
(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 (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 clarification or changes
in its threshold determination.
IV
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
SECTION A. Purpose of this part and adoption by reference.
This part contains the rules for preparing environmental impact
statements. The City adopts the following sections of Chapter
197-11 of the Washington Administrative Procedures Act by
reference, as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 ESS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
SECTION B: Preparation of EIS - Additional considerations.
(1) Preparation of draft and final EIS and SEIS is the
responsibility of the Planning Department 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, or by a consultant selected by the City
or the applicant as determined by the responsible official. If
the applicant is required to prepare the EIS, the applicant shall
select a consultant subject to approval of the responsible
official. Said individual or firm shall have demonstrated
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expertise relevant to the information required for the EIS. 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 within five
(5) working days of 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. 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.)
V
COMMENTING
SECTION A. 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 following sections of Chapter
197-11 of the Washington Administrative Code by reference.
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental
documents.
197-11-508 SEPA register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
SECTION B: Public notice.
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(1) Whenever the City issues a DNS under WAC
197-11-340(2) or a DS under WAC197-11-360(3) the City shall give
public notice as follows:
a. If public notice is required for a
nonexempt license, the notice shall state whether a
DS or DNS has been issued and when comments are due.
b. If no public notice is required for the
nonexempt proposal the City shall give notice of the DNS or
DS by publishing notice in a newspapers of general
circulation in the County, City or general area where
the proposal is located
c. 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:
a. Indicating the availability of the DEIS
in any public notice required for a nonexempt license;
b. Publishing notice in a newspaper of
general circulation in the County, City or general
area where the proposal is located.
(3) Whenever possible, the City shall integrate the
public notice required under this Section with existing notice
procedures for the City's nonexempt permit(s) or approval(s)
required for the proposal.
(4) The City may require an applicant to complete the
public notice requirements for the applicant's proposal at his or
her expense.
SECTION C: Designation of official to perform consulted
agency responsibilities for the City.
(1) The Planning Director 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 draft EIS.
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(2) The Planning Director 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 insure that responses to consultation
requests are prepared in a timely fashion and include data from
all appropriate departments of the City.
VI
USING EXISTING ENVIRONMENTAL DOCUMENTS
SECTION A: 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 of Chapter
197-11 of the Washington Administrative Code by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement -
Procedures.
197-11-625 Addenda -- Procedures.
197-11-630 Adoption -- Procedures.
197-11-635 Incorporation by reference -- Procedures.
197-11-640 Combining documents.
VII
SEPA AND AGENCY DECISIONS
SECTION A: Purpose of this part and adoption by reference.
This part contains rules (and policies) for SEPA's substantive
authority, such 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 of Chapter 197-11 of the Washington
Administrative Code by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
13
197-11-680 Appeals.
SECTION B: Substantive authority.
(1) The policies and goals set forth in this Ordinance
are supplementary to those in the existing SEPA authorization of
the City of Bremerton.
(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 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) below and cited in the
license or other decision document.
(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
final EIS or final supplemental EIS prepared pursuant
to this Ordinance; and
b. A finding is made that there are no
reasonable mitigation measures 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) below and
identified in writing in the decision document.
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(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 for 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 safety, or other undesirable and
unintended conequences;
(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 environ-
ment and that each person has a responsibility to
contribute to the preservation and enhancement of
the environment.
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(5) Except for permits and variances issued pursuant
to Chapter 21.04 of the Bremerton Municipal Code, action not
requiring a decision of the Planning Commission/City Council is
conditioned or denied on the basis of SEPA by a nonelected
official, the decision shall be appealable to the Planning
Commission. Such appeal may be perfected by the proponent or any
aggrieved party by giving notice to the responsible official
within ten (10) days of the decision being appealed. Review by
the Planning Commission shall be on a de novo basis.
SECTION C: Appeals.
(1) The City establishes the following administrative
appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
a. Any agency or person may appeal the
City's procedural compliance with Chapter 197-11 WAC
for issuance of the following:
(i) A final DNS;
(ii) A DS: The appeal must be made
to the Planning Commission/City Council within
ten (10) days of the date the DS is issued.
b. For any appeal under this subsection,
the City shall provide for a record that shall consist
of the following:
(i) Findings and conclusions;
(ii) Testimony under oath; and
(iii) A taped or written transcript.
c. The procedural determination by the City's
responsible official shall carry substantial weight in
any appeal proceeding.
(2) The City shall give official notice under WAC
197-11-680(5) whenever it issues a permit or approval for which a
statute or ordinance establishes a time limit for commencing
judicial appeal.
SECTION D: 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.
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(2) 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 proponent pursuant to
RCW 43.21C.080.
VIII
DEFINITIONS
SECTION A: 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 of Chapter 197-11
of the Washington Administrative Code by reference, as
supplemented by WAC 173-806-040:
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-728 County.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-748 Environmentally sensitive area.
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197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-774 Nonproject.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
IX
CATEGORICAL EXEMPTIONS.
SECTION A: Adoption by reference. The City adopts sections
of Chapter 197-11 of the Washington Administrative Code by
reference the following rules for categorical exemptions, as
supplemented in this Ordinance, including Section B (Use of
exemptions), and WAC 173-806-190 (Environmentally sensitive
areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
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X
AGENCY COMPLIANCE
SECTION A: 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 activites. The City
adopts the following sections of Chapter 197-11 of the Washington
Administrative Code by reference, through 173-806-053 and this
part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one
agency with jurisdiction.
197-11-932 Lead agency for private projects requiring
licenses from more than one agency, when one of the agencies is a
City.
197-11-934 Lead agency for private projects requiring
licenses from a local agency, not a county and one or more state
agencies.
197-11-936 Lead agency for private projects requiring
licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state
agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
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197-11-948 Assumption of lead agency status.
SECTION B: Environmentally sensitive areas.
(1) The Planning Director 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 Planning Department and the
Department of Ecology, Headquarters Office, Olympia, Washington.
The environmentally sensitive area designations shall have full
force and effect of law as of the date of filing.
(2) The City shall treat proposals located wholly or
partially within an environmentally sensitive area no differently
than other 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
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.
SECTION C: Fees. The City shall require fees for its
activities in accordance with the provisions of this Ordinance.
Those fees shall be established, from time to time, by City
Council resolution.
XI
FORMS
SECTION A: Adoption by Reference. The City adopts the
following forms and selections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance
(DNS)
197-11-980 Determination of significance
and scoping notice (DS).
197-11-985 Notice of assumption of lead
agency status.
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197-11-990 Notice of action.
XII
ADOPTION
SECTION A. Repealer. Ordinance No. is hereby
repealed.
APPROVED by the City Council on the first reading this \~
day of ~ ~-~%a~.-~_. , 1984.
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage this ~ day of ~~ , 1984.
MOR~IE DAWKINS, y
ATTEST:
KATHLEEN McCLUSKEY, Cl~rk
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