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Ridgefield City Zoning Code

CHAPTER 18

810 - ENVIRONMENTAL STANDARDS SEPA

18.810.010 - Authority.

(WAC 173-806-010).

A.

The city of Ridgefield adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-904.

B.

This chapter contains this city's SEPA procedures and policies.

C.

The SEPA rules, WAC Chapter 197-11, must be used in conjunction with this chapter.

(Ord. 727 § 1, 1998: Ord. 676 § 1 (part), 1995).

18.810.020 - Purpose and adoption by reference.

(WAC 173-806-020).

The following sections contain 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.
050 Lead agency.
055 Timing of the SEPA process.
060 Content of environmental review.
070 Limitations on actions during SEPA process.
080 Incomplete or unavailable information.
090 Supporting documents.
100 Information required of applicants.
197-11-158 GMA project review—reliance on existing plans and regulations.
197-11-210 SEPA/GMA integration.
197-11-220 SEPA/GMA definitions.
197-11-228 Overall SEPA/GMA integration procedures.
197-11-230 Timing of an integrated GMA/SEPA process.
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
197-11-235 Documents.
197-11-238 Monitoring.
197-11-250 SEPA/Model Toxics Control Act (MTCA) integration.
197-11-253 SEPA lead agency for MTCA actions.
197-11-256 Preliminary evaluation.
197-11-259 Determination of Nonsignificance for MTCA remedial actions.
197-11-262 Determination of significance and EIS for MTCA remedial actions.
197-11-265 Early scoping for MTCA remedial actions.
197-11-268 MTCA interim actions.

 

(Ord. 725 § 2, 1998: Ord. 676 § 1 (part), 1995).

18.810.030 - Additional definitions.

(WAC 173-806-030).

See Chapter 18.100—Definitions, "SEPA."

(Ord. 676 § 1 (part), 1995).

18.810.040 - Designation of responsible official.

(WAC 173-806-040).

A.

For public proposals, the head of the department making the proposal shall be the responsible official. For private proposals, the mayor or mayor's designee shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.

B.

For all proposals for which the city is the lead agency, the mayor or mayor's designee 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 WAC 173-806-020.

C.

The city shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.17.

(Ord. 727 § 3, 1998: Ord. 676 § 1 (part), 1995).

18.810.050 - Lead agency determination and responsibilities.

(WAC 173-806-050).

A.

The mayor or mayor's designee shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, 197-11-922 through 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.

B.

When the city is the lead agency for a proposal, the mayor or mayor's designee shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C.

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 EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

D.

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 197-11-253, or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination, and resolved within fifteen days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the city may be initiated by the mayor or mayor's designee.

E.

Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944 provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F.

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: that is, which agencies require nonexempt licenses.

G.

When the city is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253 (6), the city shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.

(Ord. 727 § 4, 1998: Ord. 676 § 1 (part), 1995).

18.810.060 - Transfer of lead agency status to a state agency.

(WAC 173-806-053).

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 over the proposal.

(Ord. 676 § 1 (part), 1995).

18.810.070 - Additional timing considerations.

(WAC 173-806-058).

For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city's staff recommendation to the Planning Commission or hearing examiner.

(Ord. 802 § 18, 2002: Ord. 727 § 5, 1998: Ord. 676 § 1 (part), 1995).

18.810.080 - Categorical exemptions and threshold determinations.

The following sections contain the rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. The following sections also contain rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference as supplemented in said sections:

WAC 197-11-300 Purpose of this part.
305 Categorical exemptions.
310 Threshold determination required.
315 Environmental checklist.
330 Threshold determination process.
335 Additional information.
340 Determination of nonsignificance (DNS).
350 Mitigated DNS.
360 Determination of significance (DS)/initiation of scoping.
390 Effect of threshold determination.

 

(Ord. 676 § 1 (part), 1995).

18.810.090 - Flexible thresholds for categorical exemptions.

(WAC 173-806-070).

A.

The city establishes the following exempt levels for minor new construction under WAC 197-11-800(l)(b) based on local conditions:

1.

For detached single family residential dwelling units in WAC 197-11-800(1)(b)(i) outside of critical areas: up to thirty dwelling units.

2.

For multifamily residential dwelling units in WAC 197-11-800(I)(b)(ii) outside of critical areas: up to sixty dwelling units.

3.

For agricultural structures in WAC 197-11-800(1)(b)(iii) outside of critical areas: up to forty thousand square feet.

4.

For office, school, commercial, recreational, service or storage buildings and associated parking facilities in WAC 197-11-800 (1)(b)(iv) outside of critical areas: up to thirty thousand square feet and up to ninety parking spaces.

5.

For landfills and excavations in WAC 197-11-800(1)(b)(v) outside of critical areas: up to one thousand cubic yards with an erosion control plan in conformance with city erosion control standards otherwise up to one hundred cubic yards without an erosion control plan.

B.

Whenever the city establishes new exempt levels under this section, it shall follow the procedures established under WAC 197-11-800(1)(c).

(Ord. 727 § 6, 1998: Ord. 676 § 1 (part), 1995).

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

18.810.100 - Use of exemptions.

(WAC 173-806-080).

A.

Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The 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 title apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B.

In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-060). If a proposal includes exempt and non-exempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.

C.

If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1.

The city shall not give authorization for:

a.

Any nonexempt action,

b.

Any action that would have an adverse environmental impact, or

c.

Any action that would limit the choice of alternatives;

2.

A department 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 actions were not approved; and

3.

A department 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 actions were not approved.

(Ord. 676 § 1 (part), 1995).

18.810.110 - Environmental checklist.

(WAC 173-806-090).

A.

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 chapter. All information shall be prepared within five years prior to submittal. However, 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.

B.

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.

(Ord. 676 § 1 (part), 1995).

(Ord. No. 1406, § 2(Exh. A), 7-13-2023)

18.810.120 - Mitigated DNS.

(WAC 173-806-100).

A.

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

B.

An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1.

Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2.

Precede the mayor's or mayor's designee actual threshold determination for the proposal.

C.

The responsible official should respond to the request for early notice within fifteen working days. The response shall:

1.

Be written;

2.

State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that is/are leading the mayor or mayor's designee to consider a DS; and

3.

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.

D.

As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E.

When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base the threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal:

1.

If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).

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.

3.

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 two hundred-foot storm-water retention pond at Y location are adequate.

4.

Mitigation measures which justify issuance of a mitigated DNS shall be incorporated in the DNS by reference to the staff reports or other documents.

F.

A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.

G.

Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and shall be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

H.

If the review body'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 shall evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

I.

The city's written response under subsection B of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.

(Ord. 727 § 7, 1998: Ord. 676 § 1 (part), 1995).

18.810.130 - Environmental impact statement (EIS).

(WAC 173-806-110).

The following sections contain the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by said sections:

WAC 197-11-400 Purpose of EIS.
402 General requirements.
405 EIS types.
406 EIS timing.
408 Scoping.
420 EIS preparation.
425 Style and size.
430 Format.
435 Cover letter or memo.
440 EIS contents.
442 Contents of EIS on non project proposals.
443 EIS contents when prior non project EIS.
444 Elements of the environment.
448 Relationship of EIS to other considerations
450 Cost-benefit analysis.
455 Issuance of DEIS.
460 Issuance of FEIS.

 

(Ord. 676 § 1 (part), 1995).

18.810.140 - Preparation of EIS—Additional considerations.

(WAC 173-806-120).

A.

Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EIS (SEIS) is the responsibility of the planning director. The planning director shall ensure that the EIS complies with this chapter and WAC Chapter 197-11.

B.

The DEIS and FEIS or draft and final SEIS shall be prepared by city staff or by a consultant acceptable to the city. If city requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the city shall notify the applicant immediately after completion of the threshold determination. The city shall also notify the applicant of the city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C.

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 chapter or that is being requested from another agency. This does not apply to information the city may request under another ordinance or statute.

(Ord. 727 § 8, 1998: Ord. 676 § 1 (part), 1995).

18.810.145 - Additional elements which may be covered in an EIS.

(WAC 173-806-125).

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A.

Economy;

B.

Social policy analysis;

C.

Cost-benefit analysis;

D.

Consistency with the city's adopted comprehensive plan, capital facilities plan, and other adopted plans, regulations and standards;

E.

The criteria for determining whether the proposal is consistent with adopted plans, policies, regulations and standards are:

1.

The type of land use allowed;

2.

The level of development allowed;

3.

The adequacy of public infrastructure; and

4.

The characteristics of the proposed development.

(Ord. 727 § 9, 1998).

18.810.150 - Commenting.

(WAC 173-806-128).

The following sections contain 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 by reference, as supplemented in this article:

WAC 197-11-500 Purpose of this part.
502 Inviting comment.
504 Availability and cost of environmental documents.
508 SEPA register.
535 Public hearings and meetings.
545 Effect of no comment.
510 Public notice.
550 Specificity of comments.
560 FEIS response to comments.
570 Consulted agency costs to assist lead agency.

 

(Ord. 727 § 10, 1998: Ord. 676 § 1 (part), 1995).

18.810.160 - Public notice.

(WAC 173-806-130).

A.

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.

B.

Whenever the city issues a DNS under WAC 197-11-340(2), an MDNS under WAC 197-11-350, or a DS under WAC 197-11-360(3) the city shall give public notice as follows:

1.

If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

2.

If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

a.

Posting the property, for site-specific proposals;

b.

Posting notice in a conspicuous place at City Hall;

c.

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

3.

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.

C.

If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(b).

D.

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:

1.

Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2.

Posting the property, for site-specific proposals;

3.

Publishing notice in a newspaper of general circulation in Clark County;

4.

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

5.

Posting public notice in a conspicuous place at city hall.

E.

The city may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.

(Ord. 727 § 11, 1998: Ord. 676 § 1 (part), 1995).

18.810.170 - Designation of official to perform consulted agency responsibilities.

(WAC 173-806-140).

A.

The mayor or mayor's designee shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B.

The mayor or mayor's designee shall be responsible for the city's compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.

(Ord. 727 § 12, 1998: Ord. 676 § 1 (part), 1995).

18.810.180 - Using existing environmental documents.

(WAC 173-806-150).

The following sections contain rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city's own environmental compliance. The city adopts the following sections by reference:

WAC 197-11-168 Ordinances or resolutions designating planned actions—Procedures for adoption.
600 When to use existing environmental documents.
610 Use of NEPA documents.
620 Supplemental environmental impact statement—Procedures.
625 Addenda—Procedures.
630 Adoption—Procedures.
635 Incorporation by reference—Procedures.
640 Combining documents.

 

(Ord. 727 § 13, 1998: Ord. 676 § 1 (part), 1995).

18.810.190 - SEPA and agency agreements.

(WAC 173-806 15).

The following sections contain rules (and policies) for SEPAs 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 by reference:

WAC 197-11-650 Purpose of this part.
655 Implementation.
660 Substantive authority and mitigation.
680 Appeals.

 

(Ord. 676 § 1 (part), 1995).

18.810.200 - Substantive authority.

(WAC 173-806-160).

A.

The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B.

The city may attach conditions to a permit or approval for a proposal so long as:

1.

Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2.

Such conditions are in writing; and

3.

The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4.

The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5.

Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C.

The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1.

A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2.

A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3.

The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D.

The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:

1.

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:

a.

Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b.

Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

c.

Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d.

Preserve important historic, cultural and natural aspects of our national heritage;

e.

Maintain, wherever possible, an environment which supports diversity and variety of individual choices;

f.

Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

g.

Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2.

The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

3.

The city incorporates by reference the following city plans, policies, regulations, standards and resolutions:

a.

Ridgefield urban area comprehensive plan and map;

b.

Ridgefield capital facilities plan;

c.

Ridgefield municipal code, Title 18;

d.

Ridgefield engineering standards for public works; and

e.

Ridgefield water, sanitary sewer and stormwater drainage plans.

(Ord. 727 § 14, 1998: Ord. 676 § 1 (part), 1995).

18.810.205 - Appeals.

A.

The city of Ridgefield establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1.

Any appeal of an action taken by the city shall be made in accord with RDC 18.310.100, appeals. Where this subsection or RDC 18.310.100 is silent or ambiguous, the city shall consult WAC 197-11-680 to determine appropriate appeals procedure.

2.

Unless otherwise directed by WAC 197-11-680, the city shall attempt to consolidate appeals of SEPA substantive or procedural determinations and of local land use decisions.

3.

The time limit for commencing an appeal of a city decision shall be fourteen days from the effective date of the decision. A person with standing may appeal a city decision at any time prior to the end of the effective date of a decision.

4.

An appeal of the intermediary steps under SEPA (e.g., lead agency determination, scoping or draft EIS adequacy) shall not be allowed. (WAC 197-11-680(3)(a)(ii).)

B.

For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

1.

Findings and conclusions;

2.

Testimony under oath; and

3.

A taped or written transcript.

C.

The city may require the appellant to provide an electronic transcript.

D.

The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding.

E.

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.

F.

The fee for an appeal of a SEPA decision shall be one-half of fee charged the applicant under RDC 18.060.070 for processing the SEPA review.

(Ord. 727 § 15, 1998: Ord. 676 § 1 (part), 1995).

18.810.208 - Notice.

A.

The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B.

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. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-173, filed 6/15/84. Formerly WAC 173-805-135.]

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

Editor's note— Ord. No. 1426, § 2(Exh.), adopted July 25, 2024, amended § 18.810.208 in its entirety to read as herein set out. Former § 18.810.208 pertained to notice and statute of limitations and derived from Ord. 676 § 1 (part), adopted in 1995; and Ord. 727 § 16, adopted in 1998.

18.810.210 - Definitions.

(WAC 173-806 17i).

This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference:

WAC 197-11-700 Definitions.
702 Act.
704 Action.
706 Addendum.
708 Adoption.
710 Affected tribe.
712 Affecting.
714 Agency.
716 Applicant.
718 Built environment.
720 Categorical exemption.
721 Closed record appeal.
722 Consolidated appeal.
724 Consulted agency.
726 Cost-benefit analysis.
728 County/city.
730 Decision maker.
732 Department.
734 Determination of nonsignificance (DNS).
736 Determination of significance (DS).
738 EIS.
740 Environment.
742 Environmental checklist.
744 Environmental document.
746 Environmental review.
750 Expanded scoping.
752 Impacts.
754 Incorporation by reference.
756 Lands covered by water.
758 Lead agency.
760 License.
762 Local agency.
764 Major action.
766 Mitigated DNS.
768 Mitigation.
770 Natural environment.
772 NEPA.
774 Nonproject.
775 Open record hearing.
776 Phased review.
778 Preparation.
780 Private project.
782 Probable.
784 Proposal.
786 Reasonable alternative.
788 Responsible official.
790 SEPA.
792 Scope.
793 Scoping.
794 Significant.
796 State agency.
797 Threshold determination.
799 Underlying governmental action.

 

(Ord. 727 § 17, 1998: Ord. 676 § 1 (part), 1995).

18.810.220 - Categorical exemptions.

(WAC 173-806-180).

The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use of exemptions), and WAC 173-806-190 (critical areas):

WAC 197-11-800 Categorical exemptions.
880 Emergencies.
890 Petitioning DOE to change exemptions.

 

(Ord. 727 § 18, 1998: Ord. 676 § 1 (part), 1995).

18.810.230 - Agency compliance.

(WAC 173-806-185).

The following sections contain rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC 197-11-900 Purpose of this part.
902 Agency SEPA policies.
916 Application to ongoing actions.
920 Agencies with environmental expertise.
922 Lead agency rules.
924 Determining the lead agency.
926 Lead agency for governmental proposals.
928 Lead agency for public and private proposals.
930 Lead agency for private projects with one agency with jurisdiction.
932 Lead agency for private projects requiring licenses from more than one agency, not a city, and one or more state agencies.
934 Lead agency for private projects requiring licenses from a local agency, not a city.

 

(Ord. 727 § 19, 1998: Ord. 676 § 1 (part), 1995).

18.810.235 - Critical areas.

(WAC 173-806-190).

A.

Within the city the categorical exemptions enumerated in WAC 197-11-800 and RDC 18.810.080 will not apply in one or more critical areas identified in city plans, regulations and maps adopted pursuant to RCW 36.70A.060. The critical areas identified on the city's adopted comprehensive plan map or independent critical areas (sensitive lands) map(s) include: wetlands, floodways and floodpaths, riparian areas, habitat for threatened or endangered species, local habitat conservation areas, wellhead protection areas, critical aquifer recharge areas, geologically hazardous areas, steep slopes, historic and archaeological resources, and any adopted buffer area adjacent to the critical area.

B.

Where a proposal may occur wholly or partially on any critical area identified in the previous subsection the mayor or mayor's designee may determine that the proposal is either:

1.

A segment of a proposal that includes a series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not (WAC 197-11-305(1)(b)(i)); or

2.

A segment of a proposal which includes a series of exempt activities that are physically or functionally related to each other, and that together may have a probable significant adverse impact (WAC 197-11-305(1)(b)(ii)); or

3.

A single action which may probably have a significant adverse impact on two or more critical areas.

C.

Pursuant to WAC 197-11-908(2), the following proposals, notwithstanding the categorical exemptions allowed under WAC 197-11-800, may be subject to review under this chapter if the proposal is subject to subsection (B) of this section:

1.

Minor new construction as described in WAC 197-11-800(1)(a)(b) and LCMC 14.15.090 (flexible thresholds for categorical exemptions);

2.

Other minor new construction as described in WAC 197-11-800(2)(a) through (f);

3.

Repair, remodeling and maintenance activities described in WAC 197-11-800(3);

4.

Purchase or sale of real property described in WAC 197-11-800(5);

5.

Short plats not including further short subdivisions or short platting within a plat or subdivision previously exempted from SEPA review as described in WAC 197-11-800(6)(a);

6.

Licenses to operate or engage in amusement and entertainment activities as described in WAC 197-11-800(14)(c);

7.

Utility related actions as described in WAC 197-11-800(24)(a) through (g); and

8.

Natural resource management including development of recreational sites (WAC 197-11-800(25)(f)) and use of chemical and mechanical means to maintain public park and recreational land (WAC 197-11-800(25)(i)).

D.

The scope of environmental review of actions within these areas shall be limited to:

1.

Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

2.

Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws.

E.

All categorical exemptions not listed in subsection (C) of this section apply whether or not the proposal will be located in a critical area.

(Ord. 727 § 20, 1998).

18.810.240 - Severability.

(WAC 173-806-220).

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

(Ord. 676 § 1 (part), 1995).

18.810.250 - Adoption by reference.

(WAC 173-806-230).

The city adopts the following forms and sections by reference:

WAC 197-11-960 Environmental checklist.
965 Adoption notice.
970 Determination of nonsignificance (DNS).
980 Determination of significance and seeping notice (DS).
985 Notice of assumption of lead agency status.
990 Notice of action.

 

(Ord. 676 § 1 (part), 1995).

18.810.260 - SEPA public information center.

A.

The following location constitutes the city's SEPA public information center:

City Hall

230 Pioneer

Ridgefield, Washington

Telephone: (206) 887-3557

B.

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.

C.

The SEPA public information center shall contain the documents and provide the services required by WAC 197-10-830.

(Ord. 676 § 1 (part), 1995).

18.810.270 - Fees.

See Chapter 18.060, Fees.

(Ord. 676 § 1 (part), 1995).

18.810.280 - Forms.

The city adopts the following forms and sections by reference:

WAC 197-11-960 Environmental checklist.
965 Adoption notice.
970 Determination of nonsignificance (DNS).
980 Determination of significance and scoping notice (DS).
985 Notice of assumption of lead agency status.
990 Notice of action.

 

(Ord. 727 § 21, 1998).