Naches City Zoning Code

18.04.010 Adoption by reference.

The following sections, as amended, of the Washington Administrative Code are adopted by reference:

(Ord. 428 § 1, 1995)

18.04.020 Definitions.

In addition to those definitions in WAC 197-11-700 through 799, the following terms have the meanings described unless the context indicates otherwise:

"Department" means any division, subdivision, or organizational unit of the town.

"Early notice" means the town's notice to an applicant that it considers a determination of significance likely for this proposal (mitigated DNS procedures).

(Ord. 428 § 2, 1995)

18.04.030 Designation of responsible official.

The mayor shall be the designated responsible official if the town is the lead agency.

(Ord. 428 § 3, 1995)

18.04.040 Environmental checklist required—Lead agency determination.

A.

Any department receiving or initiating a proposal must prepare an environmental checklist. The responsible official will determine the lead agency in accord with WAC 197-11050 and WAC 197-11-922 through WAC 197-11-940, unless the lead agency has been previously determined or he or she is aware that another agency is in the process of determining the lead agency.

B.

If the town is the lead agency the department receiving or initiating a proposal will forward the application to the responsible official who will make the threshold determination and, if an EIS is necessary, supervise its preparation.

C.

If the town is not the lead agency, the department must use and consider the DNS or the final EIS of the lead agency in making decisions on its proposal. No department will prepare or require a DNS or EIS in addition to that prepared by the lead agency unless required by WAC 197-11-600. The town may conduct supplemental environmental review under WAC 197-11-600.

D.

If the town receives a lead agency determination which appears inconsistent with WAC 197-11-922 through 197-11-940, it may object to the determination. The objection must be made to the agency originally making the determination. If not resolved within fifteen (15) days, the responsible official may petition the Department of Ecology for a lead agency determination.

E.

Departments may make agreements as to lead agency status or shared lead agency duties, but the responsible official and any affected department must approve the agreement.

F.

Any department taking a license application must obtain sufficient information to identify other agencies which may have jurisdiction over the proposal.

(Ord. 428 § 4, 1995)

18.04.050 Transfer of lead agency status to a state agency.

The responsible official may transfer lead agency status over a private project to the state agency with jurisdiction appearing first on the priority list of WAC 197-11-936. The town will remain an agency with jurisdiction. The responsible official must send notice of the transfer together with all relevant information on the proposal to the state agency. He or she will also give notice of the transfer to the private applicant and all other agencies with jurisdiction.

(Ord. 428 § 5, 1995)

18.04.060 Time for making threshold determinations.

The following time limits (expressed in calendar days) apply to all private projects and proposals by other agencies:

A.

Categorical Exemptions. The town will identify categorical exemptions within seven days of receiving a complete application.

B.

Threshold Determinations.

1.

The town will make a threshold determination, which can be based solely upon the environmental checklist, within fifteen (15) days of receiving an adequate application and completed checklist.

2.

If the responsible official needs more information from the applicant or another agency, he or she will request it within fifteen (15) days, wait no more than thirty (30) days for a consulted agency to respond and complete his or her determination within fifteen (15) days of receiving the information.

3.

If the town must further study a proposal, including making field investigations, to make a threshold determination, it will attempt to complete the study within thirty (30) days but may take more time if needed.

4.

The town will make a threshold determination within fifteen (15) days if the applicant indicates that an EIS should be prepared.

(Ord. 428 § 6, 1995)

18.04.070 Use of environmental review.

Town staff will submit DNS's and EIS's along with all recommendations to advisory and final bodies such as planning commission and town council.

(Ord. 428 § 7, 1995)

18.04.080 Applicant's request for review.

If the town's only action is issuance of a building permit or other license requiring detailed project plans and specifications, the applicant may request in writing that the town conduct its environmental review before he or she submits his or her plans and specifications.

(Ord. 428 § 8, 1995)

18.04.090 State Environmental Policy Act and Growth Management Act.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 9, 1995)

18.04.100 Categorical exemptions and threshold determinations.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 10, 1995)

18.04.110 Categorical exemptions.

1.

The following types of construction are categorically exempt except when undertaken in any part on lands covered by water:

a.

The construction or location of any residential structures of twenty (20) dwelling units or less;

b.

The construction of a barn, loafing shed, farm equipment storage building, produce storage, or packing structure, or similar agricultural structure in an agricultural zone, covering thirty thousand (30,000) square feet or less, and to be used only by the property owner or his or her agent in farming the property. This exemption does not apply to feed lots;

c.

The construction of an office, school, commercial, recreational, service or storage building with four thousand (4,000) square feet of gross floor area or less, and with associated parking facilities designed for twenty (20) automobiles or less;

d.

The construction of a parking lot designed for twenty (20) automobiles or less;

e.

Any landfill or excavation of five hundred (500) cubic yards or less throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice under RCW 76.09.050 or regulations thereunder.

2.

If the responsible official believes that special circumstances warrant further environmental review, he or she may so direct even for categorically exempt projects.

3.

The town may raise the exempt levels to the maximum specified below the implementing ordinance or resolution. Such levels shall be specified in the agency's SEPA procedures (197-11-904) and sent to the Department of Ecology. A newly established exempt level shall be supported by local conditions, including zoning or other land use plans or regulations. An agency may adopt a system of several exempt levels (such as different levels for different geographic areas). The maximum exempt level for the exemptions in subsection (1)(c) of this section shall be twelve thousand (12,000) square feet, forty (40) automobiles; and in subsection (1)(d), forty (40) automobiles.

4.

The following types of minor new construction shall be exempt except when undertaken wholly or in part on lands covered by water (unless specifically exempted in this subsection). The exemptions provided by this section shall apply to all licenses required to undertake the construction in question, except where a rezone or any license governing emissions to the air or discharges to water is required:

a.

The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles;

b.

The construction and/or installation of commercial on-premises signs, and public signs and signals;

c.

The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washington State Department of Agriculture approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 248-54-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right-of-way is required, adding auxiliary lanes for localized purposes (weaving, climbing, speed change, etc.) where capacity is not significantly increased and no new right-of-way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catch basins and culverts, and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes;

d.

Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (1) and (2) of this section, as well as fencing and the construction of small structures and minor facilities accessory thereto;

e.

Additions or modifications to or replacement of any building or facility exempted by subsections (1) and (2) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class;

f.

The demolition of any structure or facility, the construction of which would be exempted by subsections (1) and (2) of this section, except for structures or facilities with recognized historical significance;

g.

The installation of impervious underground tanks having a capacity of ten thousand gallons or less;

h.

The vacation of streets or roads;

i.

The installation of hydrological measuring devices, regardless of whether or not on lands covered by water;

j.

The installation of any property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water.

5.

The following repair, remodeling and maintenance activities shall be categorically exempt: The repair, remodeling and maintenance or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in the use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsection:

a.

Dredging;

b.

Reconstruction/maintenance of groins and similar shoreline protection structures; or

c.

Repair/rebuilding of major dams, dikes and reservoirs shall also not be considered exempt under this subsection.

6.

The following appropriations of water shall be exempt, the exemption covering not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and including any activities relating to construction of a distribution system solely for any exempted appropriation:

a.

Appropriations of fifty (50) cubic feet per second or less of surface water for irrigation purposes, when done without a government subsidy;

b.

Appropriations of one cubic foot per second or less of surface water, or of two thousand two hundred fifty (2,250) gallons per minute or less of groundwater, for any purpose.

7.

The following real property transactions by an agency shall be exempt:

a.

The purchase or acquisition of any legal access to real property;

b.

The sale, transfer or exchange of any publicly owned real property, but only if the property is not subject to an authorized public use;

c.

The lease of real property when the use of the property for the term of the lease will remain essentially the same as the existing use, or when the use under the lease is otherwise exempted by this chapter.

8.

The following land use decisions shall be exempt:

a.

Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat or subdivision previously exempted under this subsection;

b.

Granting of variances based on the special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density;

c.

Classifications of land for current use taxation under Chapter 84.34 RCW, and classification and grading of forest land under Chapter 84.33 RCW.

9.

The adoption and implementation of a plan, program or decision for the closure of a school or schools shall be exempt. Demolition, physical modification or change of a facility from a school use shall not be exempt under this subsection.

10.

Open burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting open burning shall not be exempt.

11.

The granting of variances under RCW 70.94.181 extending applicable air pollution control requirements for one year or less shall be exempt.

12.

The granting or denial of water quality certifications under the Federal Clean Water Act (Federal Water Pollution Control Act Amendments of 1972, 33USC 1341) shall be exempt.

13.

All actions of the state legislature are exempted. This subsection does not exempt the proposing of legislation by an agency (197-11-704).

14.

Judicial Activity. The following shall be exempt:

a.

All adjudicatory actions of the judicial branch;

b.

The quasi-judicial action of any agency if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit not otherwise exempted by this chapter, are not exempted by this subsection.

15.

The following enforcement and inspection activities shall be exempt:

a.

All actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordinance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection;

b.

All inspections conducted by an agency of either private or public property for any purpose;

c.

All activities of fire departments and law enforcement agencies except physical construction activity;

d.

Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in these guidelines. No license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this subsection;

e.

Any suspension or revocation of a license for any purpose.

16.

the following business or other regulatory licenses are exempt:

a.

All licenses to undertake an occupation, trade or profession;

b.

All licenses required under electrical, fire, plumbing, heating, mechanical and safety codes and regulations, but not including building permits;

c.

All licenses to operate or engage in amusement devices and rides and entertainment activities, including but not limited to cabarets, carnivals, circuses and other traveling shows, dances, music machines, golf courses and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction of any of the above;

d.

All licenses to operate or engage in charitable or retail sales and service activities, including but not limited to peddlers, solicitors, second hand shops, pawnbrokers, close-out and special sales, fireworks, massage parlors, public garages and parking lots, and used automobile dealers;

e.

All licenses for private security services, including but not limited to detective agencies, merchant and/or residential patrol agencies, burglar and/or fire alarm dealers, guard dogs, locksmiths, and bail bond services;

f.

All licenses for vehicles for-hire and other vehicle-related activities, including but not limited to taxicabs, ambulances, and tow trucks; provided, that regulation of common carriers by the Utilities and Transportation Commission shall not be considered exempt under this subsection;

g.

All licenses for food or drink services, sales and distribution, including but not limited to restaurants, liquor and meat;

h.

All animal control licenses, including but not limited to pets, kennels and pet shops. Establishment or construction of such a facility shall not be considered exempt by this subsection;

i.

The renewal or reissuance of a license regulating any present activity or structure so long as no material changes are involved.

17.

The following administrative, fiscal and personnel activities of agencies shall be exempt:

a.

The procurement and distribution of general supplies, equipment and services authorized or necessitated by previously approved functions or programs;

b.

The assessment and collection of taxes;

c.

The adoption of all budgets and agency requests for appropriation; provided, that if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this subsection;

d.

The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and approvals;

e.

The review and payment of vouchers and claims;

f.

The establishment and collection of liens and service billings;

g.

All personnel actions, including hiring, terminations, appointments, promotions, allocations of positions, and expansions or reductions in force;

h.

All agency organization, reorganization, internal operational planning or coordination of plans or functions;

i.

Adoptions or approvals of utility, transportation and solid waste disposal rates;

j.

The activities of school districts pursuant to desegregation plans or programs; however, construction or real property transactions or the adoption of any policy, plan or program for such construction or real property transaction shall not be considered exempt under this subsection (see also WAC 197-11-800(7)).

18.

The approval of grants or loans by one agency to another shall be exempt, although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. This exemption includes agencies taking nonproject actions that are necessary to apply for federal or other financial assistance.

19.

The formation of local improvement districts, unless such formation constitutes a final agency decision to undertake construction of a structure or facility not exempted under WAC 197-11-800 and WAC 197-11-880.

20.

Basic data collection, research, resource evaluation, requests for proposals (RFP's), and the conceptual planning of proposals shall be exempt. These may be strictly for information gathering, or as part of a study leading to a proposal that has not yet been approved, adopted or funded. This exemption does not include any agency action that commits the agency to proceed with such a proposal (see also WAC 197-11-070).

21.

The acceptance by an agency of any document or thing required or authorized by law to be filed with the agency and for which the agency has no discretionary power to refuse acceptance shall be exempt. No license shall be considered exempt by virtue of this subsection.

22.

The proposal or adoption of legislation, rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures, and containing no substantive standards respecting use or modification of environment, shall be exempt. Agency SEPA procedures shall be exempt.

23.

The adoption by ordinance of all codes as required by the state building code acts (Chapter 19.27 RCW).

24.

The adoption by counties/cities of resolutions, ordinances, rules or regulations concerned with the control of noise which do not differ from regulations adopted by the Department of Ecology under Chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule or regulation, a portion of which differs from the applicable state regulations (and thus requires the approval of the Department of Ecology under RCW 70.107.060(4)), SEPA compliance may be limited to those items which differ from state regulations.

25.

Any activity where one agency reviews or comments upon the actions of another agency or another department within an agency shall be exempt.

26.

The utility-related actions listed below shall be exempt, except for installation, construction or alteration on lands covered by water. The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation or alteration that does not change the action from an exempt class:

a.

All communication lines, including cable TV, but not including communication towers or relay stations;

b.

All stormwater, water and sewer facilities, lines, equipment, hookups or appurtenances including, utilizing, or related to lines eight inches or less in diameter;

c.

All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of fifty-five thousand (55,000) volts or less; and the overbuilding of existing distribution lines (fifty-five thousand (55,000) volts or less) with transmission lines (more than fifty-five thousand (55,000) volts); and the undergrounding of all electric facilities, lines, equipment or appurtenances;

d.

All natural gas distribution (as opposed to transmission) lines and necessary appurtenant facilities and hookups;

e.

All developments within the confines of any existing electric substation, reservoir, pump station or well; provided, that additional appropriations of water are not exempted by this subsection;

f.

Periodic use of chemical or mechanical means to maintain a utility or transportation right-of-way in its design condition; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660;

g.

All grants of rights-of-way by agencies to utilities for use for distribution (as opposed to transmission) purposes;

h.

All grants of franchises by agencies to utilities;

i.

All disposals of rights-of-way by utilities.

27.

In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt:

a.

All Class I, II, III forest practices as defined by RCW 76.09.050 or regulations thereunder;

b.

Issuance of new grazing leases covering a section of land or less; and issuance of all grazing leases for land that has been subject to a grazing lease within the previous ten years;

c.

Licenses or approvals to remove firewood;

d.

Issuance of agricultural leases covering one hundred sixty (160) contiguous acres or less;

e.

Issuance of leases for Christmas tree harvesting or brush picking;

f.

Issuance of leases for school sites;

g.

Issuance of leases for, and placement of, mooring buoys designed to serve pleasure craft;

h.

Development of recreational sites not specifically designed for all-terrain vehicles and not including more than twelve (12) campsites;

i.

Periodic use of chemical or mechanical means to maintain public park and recreational land; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660;

j.

Issuance of rights-of-way, easements and use permits to use existing roads in nonresidential areas;

k.

Establishment of natural area preserves to be used for scientific research and education and for the protection of rare flora and fauna, under the procedures of Chapter 79.70 RCW.

(Ord. 428 § 11, 1995)

18.04.120 Use of exemptions.

A.

Each department receiving an application for a license or making a proposal will determine if it is exempt. Its determination is final and not subject to review and none of the procedural requirements of this chapter apply. No environmental checklist is required for exempt proposals.

B.

Each department will properly define each proposal and identify the permits and licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the town will determine the lead agency even if the license is exempt.

C.

The town may authorize exempt actions before nonexempt so long as there is no significant adverse impact on the environment and choices are not limited, but may withhold approval which might lead to modification of the physical environment which would serve no purpose if nonexempt action were not approved, or might financially burden a private applicant if nonexempt action were not approved.

(Ord. 428 § 12, 1995)

18.04.130 Environmental checklist.

A.

A completed environmental checklist, in the form as set forth in WAC 197-11-960, must be filed with all permit or license applications or other approvals unless exempt, but a checklist is not needed if the town and applicant agree that an EIS is required or SEPA compliance has been completed or initiated by another agency. The town will use the checklist to determine the lead agency and make the threshold determination.

B.

The applicant must complete the environmental checklist. The town will assist as necessary. The department making a proposal must complete the environmental checklist.

C.

The town and not the private applicant will complete the environmental checklist if the town has technical information that is unavailable to the applicant or the applicant has previously given inaccurate information. The costs of preparing the checklist must be paid by the applicant before final approval.

D.

During the review of the environmental checklist the town may make such changes or additions to the environmental checklist as are necessary to make it an accurate statement. Alternatively the town may return the checklist to the applicant for revisions and/or additional information.

(Ord. 428 § 13, 1995)

18.04.140 Mitigated DNS—Early notice.

A.

As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (DNS) based on conditions he or she attaches to the proposal, or on changes to, or clarifications of, the proposal made by the applicant.

B.

An applicant may request early notice of the likelihood of a DS. The applicant's written request must be made after his or her application and environmental checklist but before the town's actual threshold determination.

C.

The responsible official will respond within fifteen (15) working days indicating whether the town considers issuance of a DS likely, and if so, the areas of concern. The applicant may change or clarify his or her proposal to mitigate the indicated impacts and revise his or her environmental checklist or permit/license application.

D.

The town will assist in identifying the impacts to the extent necessary to formulate mitigating measures.

E.

If an applicant submits a changed or clarified proposal or a revised environmental checklist, the town will base its threshold determination on the changed or clarified proposal within fifteen (15) days.

1.

If the proposal includes sufficient, specific, mitigating measures, the town will issue and circulate a determination of nonsignificance (DNS).

2.

The town will make the threshold determination if the proposal does not include sufficient, specific, mitigating measures.

3.

Proposed mitigating measures must be in writing and specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate. Proposals to "muffle machinery to 'X' decibel" or "construct 200 foot stormwater retention pond at 'Y' location" are adequate.

F.

A mitigated DNS is subject to a fifteen (15) day comment period and public notice.

G.

Mitigating measures incorporated in a DNS become conditions of the permit/license and will be enforced accordingly.

H.

The town's early notice is not a determination of significance. Discussion on clarifications or changes to a proposal, as opposed to a written request for early notice, do not bind the town to consider the clarifications or changes in its threshold determination.

(Ord. 428 § 14, 1995)

18.04.150 Environmental impact statements.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 15, 1995)

18.04.160 Preparation of EIS.

A.

The preparation of draft and final EIS's and SEIS's is the responsibility of the town under the direction of the responsible official.

B.

The draft and final EIS or SEIS will be prepared by the town, the applicant, or by a consultant selected by the town or the applicant. If the responsible official requires an EIS and someone other than the town will prepare an EIS, he or she will notify the applicant immediately after making the threshold determination.

C.

The town may require an applicant to provide information if does not possess and make specific investigations, but the applicant need not supply information that is not required by this chapter or that is being requested from another agency. This does not apply to information the town may request under another ordinance or statute.

(Ord. 428 § 16, 1995)

18.04.170 Additional elements to be covered in an EIS.

The town may require consideration of any or all of the following additional elements as part of an EIS. These elements do not affect threshold determinations.

A.

Economy;

B.

Social policy analysis;

C.

Cost benefit analysis.

(Ord. 428 § 17, 1995)

18.04.180 Commenting.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 18, 1995)

18.04.190 Public notice.

A.

Whenever the town issues a DNS or a DS, it will give public notice.

1.

If public notice is required for the license or action, it will state whether a DS or DNS has been issued and when comments are due.

2.

If no public notice is required for the license or action, the town will:

a.

Publish notice in a newspaper of general circulation in the general area where the proposal is located; or

b.

Notify groups which have expressed interest in a certain proposal or in the type of proposal being considered.

3.

Notice of a DS will indicate the scope of the EIS and indicate the method and deadline for receiving comments from interested parties.

B.

Whenever the town issues a DEIS and SEIS, notice of the availability of those documents will be given in at least one of the following ways:

1.

Posing the property for site-specific proposals;

2.

Publishing notice in a newspaper of general circulation;

3.

Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

4.

Notifying the news media;

5.

Placing notices in appropriate regional, neighborhood, ethnic or trade journals; or

6.

Publishing notice in agency newsletters or sending notice from agency mailing lists.

C.

Whenever possible, the town will integrate this notice with other public notices.

D.

The town may require an applicant to give notice at his or her expense.

(Ord. 428 § 19, 1995)

18.04.200 Consultation responsibilities for the town.

The responsible official will prepare written comments for the town as a consulted agency. He or she will ensure that responses to consultation requests are specific, prepared in a timely manner, and include information from appropriate departments.

(Ord. 428 § 20, 1995)

18.04.210 Existing environmental documents.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 21, 1995)

18.04.220 SEPA and agency decisions and appeals.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 22, 1995)

18.04.230 Substantive authority.

A.

This chapter supplements all existing regulations, powers and duties.

B.

The town may attach reasonable, written conditions to any permit/license if the conditions are necessary to mitigate specific, probable, significant, adverse environmental impacts and based on one or more policies in subsection D of this section.

C.

The town may deny a permit/license if it finds that the proposal would result in a probable, significant, adverse environmental impact for which there are no reasonable mitigating measures and if the denial is based on one or more policies identified in subsection D of this section.

D.

The following policies are the basis for exercising authority under this section:

1.

The town will use all practicable means to ensure that the state and its citizens:

a.

Fulfill their responsibilities to future generations as trustees of the environment;

b.

Provide a safe, healthful, productive, and aesthetically and culturally pleasing environment;

c.

Make the most beneficial use of the environment without degrading it, risking their health or safety, or causing other undesirable or unintended consequences by their actions;

d.

Preserve important historic, cultural and natural places and things;

e.

Maintain a diverse environment;

f.

Achieve a balance between population and resources permitting high standards of living and sharing of life's amenities; and

g.

Conserve natural resources.

2.

Everyone has a fundamental and inalienable right to a healthful environment and a concomitant responsibility to preserve and improve it.

3.

All town ordinances, rules, polices and actions shall be construed consistently with these policies.

(Ord. 428 § 23, 1995)

18.04.240 Appeals.

A.

Relief from a decision of the responsible official is requested from the legislative or policy-making body of the town. The appeal shall be made within ten calendar days. The responsible official's determinations must be accorded substantial weight.

B.

The town's legislative or policy-making body reviews all procedural and substantive determinations made by or proposed to the responsible official together, except threshold determinations which may be reviewed without reference to substantive matters. The town's legislative or policy-making body must keep a record of all proceedings, prepare adequate findings and conclusions, take testimony only under oath, and maintain a verbatim recording of all proceedings.

C.

An application for review of a decision of the town's legislative or policy-making body must be made by petition to the Yakima County superior court, in accord with the provisions of Chapter 347, Part VII, Sections 701—715 Laws of 1995, Regular Session (RCW 43.21C.075).

(Ord. 428 § 24, 1995)

18.04.250 Appeals of threshold determination.

A.

Any final declaration of nonsignificance which was preceded by a proposed declaration of nonsignificance on which adverse written comments were submitted may be appealed by a proponent, public or private organization or individual, to the town council by filing with the town clerk/treasurer within five regular town business days following issuance of the final declaration of nonsignificance a notice of appeal setting forth the action appealed from the principal points upon which the appeal is based. No town permit shall issue prior to the expiration of the five-day appeal periods or during the pendency of an appeal taken under this chapter. The council shall hear the appeal at the next regular council meeting after it is filed, or as soon thereafter as is feasible. The council, utilizing the criteria of WAC 197-10-060 and WAC 197-10-300 through WAC 197-10-363, may affirm or reverse the decision of the responsible official or implement the additional information-gathering mechanisms of WAC 197-10-330 prior to making a revised threshold determination. Following the decision of the council either a declaration of significance or a final declaration of nonsignificance will be issued.

B.

Any declaration of significance issued by the town responsible official may be appealed by a proponent, public or private organization or individual to the town council by filing with the town clerk/treasurer within five regular business days following issuance of the declaration of significance a notice of appeal setting forth the action appealed from and the principal points upon which the appeal is based. The council shall hear the appeal at the next regular council meeting after it is filed, or as soon thereafter as feasible. The council, utilizing the criteria of WAC 197-10-060 and WAC 197-10-300 through WAC 197-10-365, may affirm or reverse the decision of the responsible official or implement the additional information-gathering mechanisms of WAC 197-10-330 prior to making a revised threshold determination. Following the decision of the council, either a declaration of significance or a proposed declaration of nonsignificance will be issued. In the event a proposed declaration of nonsignificance is issued, the procedure of WAC 197-10-340(3) will be followed by the council and, following the prescribed fifteen (15) day waiting period, the council shall adopt and execute either a final declaration of nonsignificance or a declaration of significance.

C.

In addition to the appeal procedures of this section, the town council may, on its own motion, review and reverse threshold determinations of the town responsible official utilizing the criteria of WAC 197-10-060 and WAC 197-10-300 through WAC 197-10-365 for proposals pending before the council. The council may also implement the additional gathering mechanisms of WAC 197-10-330 prior to making a threshold determination and before making any final decision in regard to the proposal. In the event a decision of the responsible official is reversed, either a declaration of significance or proposed or final declaration of nonsignificance pursuant to WAC 197-10-340(3) will be followed by the council and, following the fifteen (15) day waiting period, the council shall adopt either a final declaration of nonsignificance or a declaration of significance.

D.

Threshold determinations made pursuant to this section by the council shall have the same effect as if made by the responsible official. Nothing in this section shall affect the provisions for withdrawal of threshold determinations of WAC 197-10-370 or WAC 197-10-375.

(Ord. 428 § 25, 1995)

18.04.260 Notice.

The town will give public notice whenever it issues a permit/license for which a statute or ordinance establishes a time limit for seeking judicial review. The town or applicant may publish a notice of action pursuant to RCW 43.21C.080. The form of the notice shall be substantially in the form provided in WAC 197-11-990 and published by the town clerk/treasurer or applicant pursuant to RCW 43.21C.080.

(Ord. 428 § 26, 1995)

18.04.270 Agency compliance.

The town adopts the following sections and future amendments of the Washington Administrative Code by reference:

(Ord. 428 § 27, 1995)

18.04.280 Fees.

The town will charge the following fees:

Please refer to the current fee schedule on file at the city clerk's office.

B.

Environmental Impact Statement.

1.

When the town is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS will be prepared by employees of the town, the town will charge and collect a reasonable fee from the applicant to cover its costs. The responsible official will advise the applicant of the projected costs and obtain security from them.

2.

When the responsible official determines that the town will contract for the preparation of an EIS, all associated costs will be charged directly to the applicant. Consultants will be selected by mutual agreement of the town and applicant after a call for proposals. The responsible official will obtain security for the costs.

3.

If a proposal is modified so that an EIS is no longer required, the responsible official will refund any fees collected under subsection (B)(1) or (2) of this section which remain after incurred costs are paid.

C.

The costs of publishing the notice provided for in WAC 173-805-135 shall be paid by the applicant in addition to any other fees assessed in this section.

D.

The town will not collect a fee for performing its duties as a consulted agency.

E.

The town will charge for copies and for mailing.

(Ord. 620 § 15 (part), 2006; Ord. 506, 1999; Ord. 428 § 28, 1995)

18.04.290 Forms.

The town adopts the following forms and sections of the Washington Administrative Code by reference:

(Ord. 428 § 31, 1995)