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HomeMy WebLinkAbout07 84 , '/ # ~< . , 'þ I , ORDINANCE NO. '1 -84 REPEALING ORDINANCE NO. 1-81 JEFFERSON COUNTY IMPLEMENTING ORDINANCE: STATE ENVIRONMENTAL POLICY ACT .. JEFFERSON COUNTY BOARD OF COMMISSIONERS B. G. Brown, Chairman John Pitts, Member JEFFERSON COUNTY PLANNING AND BUILDING DEPARTMENT David Goldsmith, Director Rachel Nathanson, Assistant Planner Mitch Press, Associate Planner Mike Ajax, Building Official Laura Southmayd, Administrative Assistant Peter Steel, Planning Technician Vicki Edwards, Secretary October 1984 ~OL 1. 0, .l-.r:t' . . ·1"''''- o u 3Z51 " , .. SECTION 1 SECTION 2 2.10 2.20 SECTION 3 3.10 3.20 3.30 3.40 3.50 SECTION 4 4.10 4.20 4.30 4.40 SECTION 5 5.10 5.20 5.30 SECTION 6 6.10 6.20 6.30 6.40 STATE ENVIRONMENTAL POLICY ACT TABLE OF CONTENTS AUTHORITY DEFINITIONS ADOPTION BY REFERENCE ADDITIONAL DEFINITIONS GENERAL REQUIREMENTS ADOPTION BY REFERENCE DESIGNATION OF RESPONSIBLE OFFICIAL LEAD AGENCY DETERMINATION AND RESPONSIBILITIES TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY TIMING CONSIDERATIONS CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS ADOPTION BY REFERENCE USE OF EXEMPTIONS ENVIRONMENTAL CHECKLIST MITIGATED DETERMINATION OF NON-SIGNIFICANCE (DNS) ENVIRONMENTAL IMPACT STATEMENTS (EIS) ADOPTION BY REFERENCE EIS PREPARATION - ADDITIONAL CONSIDERATIONS ADDITIONAL ELEMENTS ENVIRONMENTALLY SENSITIVE AREAS (ESA) DEFINITION ESA GOALS AND POLICIES 6.210 GOALS 6.220 POLICIES ENVIRONMENTALLY SENSITIVE AREA DETERMINATION CATEGORICALLY EXEMPT DETERMINATION iVOL 10 fAtE ß 3252 Page 1 1 1 2 3 3 4 4 5 5 6 6 6 7 7 9 9 10 11 11 11 11 11 12 13 13 ,< SECTION 7 7.10 7.20 7.30 .. SECTION 8 8.10 8.20 8.30 SECTION 9 9.10 9.20 9.30 SECTION 11 COMMENTING 13 ADOPTION BY REFERENCE PUBLIC NOTICE DESIGNATED OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES 14 14 15 SEPA DECISIONMAKING AUTHORITY, USE OF EXISTING DOCUMENTS, AND APPEALS 16 ADOPTION BY REFERENCE SUBSTANTIVE AUTHORITY APPEALS 16 17 18 FEES, SEVERABILITY, REPEALER AND ADOPTION 19 FEES SEVERABILITY REPEALER AND ADOPTION 19 20 20 SEPA PROCESS SIMPLIFIED FLOW CHART 22 ii VOL 1 0 f~t: - ~"~5~ o ..~, , '" SECTION ONE AUTHORITY .. The County of Jefferson 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 this county's SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in conjunction with this ordinance. SECTION TWO DEFINITIONS This section contains uniform usage and definitions of terms under SEPA. 2.1Ø - ADOPTION BY REFERENCE. The County adopts the following sections by reference, as supplemented by subsection 2.20. WAC 197-11-700 197-11-702 197-11-704 197-11-706 197-11-708 197-11-710 197-11-712 197-11-714 197-11-716 197-11-718 197-11-720 197-11-722 197-11-724 197-11-726 197-11-728 197-11-730 197-11-732 197-11-734 197-11-736 197-11-738 197-11-740 197-11-742 Definitions. Act. Action. Addendum. Adoption. Affected tribe. Affecting. Agency. Applicant. Built environment. Categorical exemption. Consolidated appeal. Consulted agency. Cost-benefit analysis. County/city. Decision maker. Department. Determination of nonsignificance (ONS). Determination of significance (OS). Environmental impact statement (EIS). Environment. Environmental checklist. 1 o - ~2SI'1 VOL 10 t~Œ 4 197-11-744 197-11-746 197-11-748 197-11-750 197-11-752 197-11-754 197-11-756 197-11-758 197-11-760 197-11-762 197-11-764 197-11-766 197-11-768 197-11-770 197-11-772 197-11-774 197-11-776 197-11-778 197-11-780 197-11-782 197-11-784 197-11-786 197-11-788 197-11-790 197-11-792 197-11-793 197-11-794 197-11-796 197-11-797 197-11-799 Environmental document. Environmental review. Environmentally sensitive area. Expanded scoping. Impacts. Incorporation by reference. Lands covered by water. Lead agency. License/permit. Local agency. Major action. Mitigated DNS. Mitigation. Natural environment. NEPA. Nonproject. Phased review. Preparation. Private project. Probable. Proposal. Reasonable alternative. Responsible official. SEPA. Scope. Scoping. Significant. State agency. Threshold determination. Underlying governmental action. 2.2Ø - 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) . "Board" means Commissioners. the Jefferson Board of County (2) . ·County" means Jefferson County. (3). ·State" means Washington State. (4). ·COUNTY Department" means any division, subdivision or organizational unit of the county established by ordinance, rule, or order. (5). "SEPA rules" means chapter 197-11 WAC adopted by the Department Of Ecology. (6). ·Ordinance" means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements. 2 ',.':1' _ 1 0 'n" -- :>25~ _ ,_ f.~r.~ nEarly notice" means the county's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal. (7) . .. SECTION THREE GENERAL REQOIREMENTS This section contains the basic requirements that apply to the SEPA process. Included is the designation of a responsible official and lead agency. 3.19 - ADOPTION BY REFERENCE. The county adopts the following sections by reference, as supplemented in this part: WAC 197-11-040 197-11-050 197-11-055 197-11-060 197-11-070 197-11-080 197-11-090 197-11-100 197-11-900 197-11-902 197-11-916 197-11-920 197-11-922 197-11-924 197-11-926 197-11-928 197-11-930 197-11-932 197-11-934 197-11-936 197-11-938 197-11-940 Definitions. Lead agency. Timing of the SEPA process. Content of environmental review. Limitations on actions during SEPA process. Incomplete or unavailable information. Supporting documents. Information required of applicants. Purpose of this part. Agency SEPA policies. Application to ongoing actions. Agencies with environmental expertise. Lead agency rules. Determining the lead agency. Lead agency for governmental proposals. Lead agency for public and private proposals. Lead agency for pr i vate projects wi th one agency with jurisdiction. Lead agency for private projects requiring 1 icenses from more than one agency, when one of the agencies is a county/city. Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. Lead agency for private projects requiring licenses from more than one state agency. Lead agencies for specific proposals. Transfer of lead agency status to a state agency. 3 VOL 10 'rf~ 325f f~r,: " . 197-11-942 197-11-944 197-11-946 197-11-948 Agreements on lead agency status. Agreements on division of lead agency duties. DOE resolution of lead agency disputes. Assumption of lead agency status. 3.29 - DESIGNATION OF RESPONSIBLE OFFICIAL. .. (1) For those proposals for which the county is the lead agency, the responsible official shall be the Board of Jefferson County Commissioners. (2) For all proposals for which the county 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 subsection 3.1Ø. (3) The county shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW. 3.39 - LEAD AGENCY DETERMINATION AND RESPONSIBILITIES. (1) The county department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-1l-ØSØ and 197-ll-922 through 197-ll-94Ø: unless the lead agency has been previously determined or the county department is aware that another department or agency is in the process of determining the lead agency. (2) When the county is the lead agency for a proposal, the county department receiving the application shall determine the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS. (3) When the county is not the lead agency for a proposal, all county departments shall use and consider, either the determination of non. significance (DNS) or the final EIS of the lead agency in making decisions on the proposal. No county 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- 6ØØ. In some cases, the county may conduct supplemental environmental review under WAC 197-11-6ØØ. 4 \ I ¡'''I' '\'''- 10 fAC: n- 3257 1. 1 .. (4) If the county 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. Objections must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the county 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 county may be initiated by the responsible official. (5) Departments of the county 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 departments affected by such agreement approve the agreement. (6) Any county department 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. 3.4Ø - TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY For any proposal for a private project where the county would be the lead agency and for which one or more state agencies have jurisdiction, the county'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 county shall be an agency with jurisdiction. To transfer lead agency duties, the county's responsible official must transmi t a notice of the transfer together wi th any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the applicant and any other agencies with jurisdiction over the proposal. 3.SØ - TIMING CONSIDERATIONS (1) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the county's staff recommendation to any appropriate advisory body, such as the Planning Commission. (2) If the county'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 county conduct environmental review prior to submission of the detailed plans and specifications. , 5 "(" '...JI_ 10 f ~f,~ o 3258 " ' SECTION FOUR CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS This section contains the rules for deciding whether a proposal is exempt under SEPA or 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. .. 4.19 - ADOPTION BY REFERENCE. The county adopts the following sections by reference as supplemented in this part: WAC 197-11-300 197-11-305 197-11-310 197-11-315 197-11-330 197-11-335 197-11-340 197-11-350 197-11-360 197-11-390 197-11-800 197-11-880 197-11-890 Purpose of this part. Categorical exemptions. Threshold determination required. Environmental checklist. Threshold determination process. Additional information. Determination of nonsignificance (DNS). Mitigated DNS. Determination of significance (DS)/initiation of scoping. Effect of threshold determination. Categorical exemptions. Emergencies. Petitioning DOE to change exemptions. 4.29 - USE OF EXEMPTIONS. (1) Each county department that receives an application for a permit or 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 in 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 county shall not require completion of an environmental checklist for an exempt proposal. (2) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental permi t or licenses required (WAC 197- 11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's 6 10 ur.. r ,... , ~ . P 1)~')5Q :. ,1-1 .. vnL ",O--:·.o!J' consideration is exempt. (3) IJ a proposal includes both exempt and nonexempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that: (a) The county shall not give authorization for: .. (i) Any nonexempt action: (ii) Any action that would have an adverse environmental impact; (iii) Any action that would limit the choice of alternatives. (b) A county department may wi thold approval of an exempt action that would lead to modification of the physical environment, when modifications would serve no purpose if the nonexempt actions(s) were not approved; and (c) A county department may withold approval of exempt actions that would lead to substantial financial expenditures by a pr i va te appl i cant when the expend i tures would serve no purpose if nonexempt action(s) were not approved. 4.39 - ENVIRONMENTAL CHECKLIST. (1) A completed environmental checklist 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. A checklist is not needed if the county and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compl iance has been ini tiated by another agency. The county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination. (2) For private proposals, the county will require the applicant to complete the environmental checklist, providing assistance as necessary. For county proposals, the department ini tiating the proposal shall complete the environmental checklist for that proposal. 4.49 - MITIGATED DETERMINATION OF NON-SIGNIFICANCE (DNS). (1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes or clarifications to the proposal made by the applicant. (2) An appl icant may request in wr i ting early notice of whether a DS is likely under WAC 197-11-350. The request must: 7 VOL 1 Or~G: 11 3260 ~.... -,-. ;:.- "~'"1''''''''''''''''' (a) Follow submission of a permit application and environmental checklist for a proposal for which the department is lead agency; and (b) Precede the county's threshold determination for the proposal. 4 (3) The responsible official should respond to the request for early notice within 15 working days. The response shall: (a) be written; (b) State whether the county currently considers issuance of a DS likely and, if so, indicate the areas of concern that are leading the county to consider a OS; and (c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental check list and/or permi t appl ica tion as necessary to reflect the changes. (4) As much as possible, the county should assist the applicant with identi fica tion of impacts to formulate mi tigation measures. (5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the revised proposal and should make the determination wi thin fifteen days of receiving the revised proposal: ...:-..:¡ (a) If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant revised the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under WAC 197-ll-34Ø(2). (b) If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a ONS, the county shall make the threshold determination, issuing a ONS or OS as appropriate. (c) The applicant's proposed mitigation measures (clarifica- tions, changes or condi tions) must be in wr i ting 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 2ØØ-foot stormwater retention pond at Y location" are adequate. (d) Mitigation measures which justify issuance of a mitigated ONS may be incorporated in the ONS by reference to agency staff reports, studies or other documents. (6) A mitigated DNS is issued under WAC 197-1l-34Ø(2) , requiring a 8 VOL 10 fAG: n 3261 -.... I' fifteen-day comment period and public notice. (7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county. 4 (8) If the county's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (a) (withdrawal of DNS). (9) The county's written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the county to consider the clarifications or changes in its threshold determination. SECTION 5 ENVIRONMENTAL IMPACT STATEMENTS (EIS) This section contains the rules for preparing environmental impact statements. 5.18 ADOPTION BY REFERENCE. The county adopts the following sections by reference, as supplemented by this part. WAC 197-11-400 197-11-402 197-11-405 197-11-406 197-11-408 197-11-410 197-11-420 197-11-425 197-11-430 197-11-435 197-11-440 197-11-442 197-11-443 197-11-444 197-11-448 197-11-450 Purpose of EIS. General requirements. EIS types. EIS timing. Scoping. Expanded scoping. EIS preparation. Style and size. Format. Cover letter or memo. EIS contents. Contents of EIS on nonproject proposals. EIS contents when prior nonproject EIS. Elements of the environment. Relationship of EIS to other considerations. Cost-benefit analysis. 9 \ li'l YlÞl_ 10 f~r,: n 3262 ;.,,···-j:----:.r':·.~...·_ . 197-11-455 197-11-460 Issuance of DEIS. Issuance of FEIS. 5.2Ø - EIS PREPARATION - ADDITIONAL CONSIDERATIONS. 4 (1) Determination of the form, contents and who shall prepare an EIS is the responsibility of the county department most involved with the proposed action under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this ordinance and chapter 197-ll-WAC. (2) The draft and final EIS shall be prepared either by Jefferson County, the appl icant, or a consul tant retained by the appl icant or the county. The costs of EIS preparation shall be borne by the applicant. Wri tten agreement shall be made immediately after completï'on of the threshold determination, as to who shall prepare the EIS. (3) In the event an EIS is to be prepared by an applicant or a consultant, the responsible official shall assure the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. The responsible official shall also attempt to obtain any information needed by the party preparing the EIS that is on file with another agency or federal agency. The responsible official shall allow any private parties or retained consultants preparing an EIS access to all public records of the lead agency that are relevant to the subject matter of the EIS. (4) In the event the responsible official or his designee is preparing an EIS, the responsible official may require an applicant to provide data and information that is not in the possession of the county relevant to any or all areas to be covered by the EIS. 5.3Ø - ADDITIONAL ELEMENTS. The following addi tional elements may be required to be examined as an integral part of the environment and included in the EIS, but do not add to the cri teria for threshold determinations or perform any other function or purpose under this ordinance: (1) Economy. (2) Social policy analysis. (3) Cost-benefit analysis. (4) Needs analysis. (5) Other elements deemed necessary to determine anticipated impacts identified during the scoping process. 10 VOL 10 f ÞG~ o 3263 '," .~'~.. ~ ..... -..;, SECTION 6 ENVIRONMENTALLY SENSITIVE AREAS (ESA) 6.19 - DEFINITION. .. Environmentally sensitive areas (ESA) are those areas that are designated and mapped by the county that may have severe 1 imi tations to development or where development could severely impact the area. They include areas that exhibit ponding, highly compressible soils, unstable and steep slopes, former and/or active landslides, flood hazard zones, critical wildlife habitats and significant marshes and wetlands. These areas are designated on maps filed in the Jefferson County Building and Planning Department. These maps include the Jefferson County sub-area characteristic maps, the Washington State Coastal Zone Atlas and the Flood Insurance Rate Maps (FIRM). ESA's are identified where the following conditions exist: SITE CONDITION MAP SOURCE 1. Slopes 15% or greater. County Sub-Area Maps 2. Within lØØ ft. of an unstable recent or old slide area. Costal Zone Atlas 3. Highly compressible soils. County Sub-Area Maps County sub-Area Maps Flood Insurance rate Map (FIRM) 4. Ponding area. 5. lØØ year flood hazard area. 6. Marsh or wetland area. County Sub-Area Maps. FIRM Map. 7. Critical Wildlife and Marine habitat. County Sub-Area Maps. County Zone Atlas 6.29 - ENVIROHNENTAL SENSITIVE AREA GOALS AND POLICIES. The following goals and pol icies shall apply to all non-exempt proposals located wi thin ESA areas. Project approval shall be evaluated against these goals and policies, as well as those listed in subsection 8.2Ø of this ordinance. 6.219 - Goals. l. To protect life and property from flooding, uneven settlement, landslides, erosion, and other disruptions that may be associated with environmentally sensitive areas. 11 Iln! '\;'- 10 fAŒ n- 3264 -,j"'!' 2. To recognize the unique natural constraints and characteristics of sensitive areas and to maintain or enhance the quality of such areas. 3. To avoid needless public 'and private costs from actions within environmentally sensitive areas resulting in negative impacts such as damage to life and property. .. 4. To promote public health, safety, and general welfare. 6.229 - policies In addition to the county policies identified in Subsectiion 8.2Ø of this ordinance all non-exempt projects located wi thin an ESA shall be reviewed for compliance with the following policies: 1. Proposed actions within environmentally sensitive areas should be managed according to the severity of natural characteristics and constraints. 2. Property owners, prospective property owners, and the general public should be informed about the potential hazards in environmentally sensitive areas. 3. The existing vegetative cover should be maintained on all project sites to the greatest extent feasible. Where removal of vegetation is necessary, a reasonable effort should be made to replant vegetative cover, stabilize the soil, and prevent erosion. 4. Site restoration should be provided if land surface modifications violate these adopted policies or if construction does not ensue within a reasonable period of time. 5. All possible efforts should be made to ensure that land surface modifications would not induce excessive erosion, destablize adjacent lands, or necessarily scar the landscape. 6. The use of cluster design, proper surface water drainage, and other mi tigati ve techniques should be used in an effort to avoid development in unsui table lands and minimize hazards to life and property. 7. The watershed boundaries of publicly owned water supply systems and significant marsh and wetland areas should not be subjected to potential pollution sources. 8. The modification of marsh and wetland areas should be avoided. 9. Significant wildli fe habi tats designated as environmentally ensitive areas should be protected from deleterious effects of 12 VOL 10 L~,'Œ n \. , 3265 proposed actions. 10. Special consideration for project design should be given in areas of ponding, highly compressible soils or steep slopes. .. 11. In areas of former or active landslides and along slopes determined to be unstable, no land modification or related acti vi ties should occur wi thout a favorable geolog ic investigation demonstrating that hazardous conditions do not exist or that mi tigati ve techniques can be used to ensure safety to life and property. The geologic investigation should be prepared by a qualified soils engineer or engineering goelogist. 6.3Ø - ENVIRONMENTALLY SENSITIVE AREA DETERMINATION. The Jefferson County Planning and Building Department shall determine whether a proposal is located in an ESA using the maps cited in subsection 6.10. Site-specific information concerning soils, geology, hydrology, and other revelant data may be required of the applicant in making the determination. The applicant shall be responsible for the accuracy and validity of the information submitted on their behalf. 6.4Ø - CATEGORICALLY EXEMPT DETERMINATION. An administrative review by the county shall determine if an action is categorically exempt from SEPA if the proposed action is within an Environmentally Sensitive Area. Pursuant to WAC 197-ll-908 (2) , the county adopts by reference that the following categor ical exemptions do not apply when a proposal or part of a proposal is located within an Environmentally Sensitive Area. WAC 197-11-908 (1) (2) (9 through k) (3) (5) (6) (a) (14) (c) (24) (a through g) and (25) (d,f,i). All proposed actions wi thin an ESA determined to be non-exempt shall be reviewed for a threshold determination under section 4 of this ordinance. These actions shall be treated no differently than other non-exempt actions reviewed under this ordinance. An EIS shall not be automatically required for a proposal merely because it is located in an ESA. SECTION SEVEN COMMENTING This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules 13 VOL 1 0 t~!;~ n - 3266 for public notice and hearings. 7.10 - ADOPOTION BY REFERENCE. The county adopts the following sections by reference, as supplemented in this part: 4 WAC 197-ll-5ØØ 197-ll-5Ø2 197-ll-5Ø4 197-ll-5Ø8 197-11-535 197-11-545 197-ll-55Ø 197-ll-56Ø 197-ll-57Ø Purpose of this part. Inviting comment. Availability and cost of environmental documents. SEPA register. Public hearings and meetings. Effect of no comment. Specificity of comments. FEIS response to comments. Consulted agency costs to assist lead agency. 7.2Ø - PUBLIC NOTICE. (1) Whenever a DNS under WAC 197-ll-34Ø(2) or a DS under WAC 197-11- 36Ø(3) is issued public notice shall be given as follows: (a) If public notice is required for a nonexempt license or permi t 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 permit or approval, notice of the DNS or DS shall be given by using at least one of the following methods: (i) Posting the property, for site-specific proposals; (ii) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located; (iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; (iv) Notifying the news media; (v) Placing notices in appropriate regional, neigh- hood, ethnic, or trade journals; (vi) Publ ishing notice in agency newsletters and/or sending notice to agency mailing lists. (vii) Any other reasonable method deemed appropriate by he 14 '11'1 , lOt ~f,: n 3267 , - - ~". ~~ _, ~. _,n,.' -.-" responsible official. (c) Whenever a DS is issued under WAC 191-11-360(3), the scoping procedure for the proposal shall be stated in the OS as required in WAC 197-11-408 and in the public notice. 4 (2) Whenever a DEIS is issued 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 OEIS in any public notice required for a nonexempt license or permi t; and using at least one of the following methods: (b) Posting the property, for site-specific proposals; (c) Publishing notice in a newspaper of general circulation in the county, ci ty, or general area where the proposal is located; (d) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; (e) Notifying the news media; (f) Placing notices in appropr iate regional, neighborhood, ethnic, of trade journals; (g) Publishing notice in agency newsletters and/or sending notice to agency mailing lists; (h) Any other reasonable method deemed appropriate by the responsible official. (3) Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for the county I s nonexempt permi t (s) or approval (s) required for the proposal. The publ ic comment per iod for projects requir ing other county licenses, permits or approvals, shall be the same as that required by the license, permit, or approval or 15 working days, whichever is greater. (4) The county will require an applicant to complete the public notice requirements for the proposal at his or her expense. 7.3Ø - DESIGNATED OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES. (1) The Jefferson County Planning and Building Department shall be responsible for preparation of written comments for the county in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS. 15 vn1 t 0 L~rt" ñ 3268 . ,- (2) This department shall be responsible for the county's compliance wi th WAC 197-11-550 whenever the county is a consul ted agency and is authorized to develop operating procedurès that will ensure that responses to consul tation requests are prepared in a timely fashion and include data from all appropriate county departments. .. SECTION EIGHT SEPA DECISIONHAKING AUTHORITY, USE OF EXISTING DOCUMENTS AND APPEALS This section contains rules and policies for SEPAlS substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. Rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the county's own environmental compliance are also descr ibed. Finally, this section descr ibes procedures for appealing SEPA determinations to agencies or the courts. 8.11 - ADOPTION BY REFERENCE. The county adopts the following sections by reference: WAC 197-11-600 197-11-610 197-11-620 197-11-625 197-11-630 197-11-635 197-11-640 197-11-650 197-11-655 197-11-660 197-11-680 When to use existing environmental documents. Use of NEPA documents. Supplemental environmental impact statement-- Procedures. Addenda--procedures. Adoption--Procedures. Incorporation by reference--Procedures. Combining documents. Purpose of this part. Implementation. Substantive authority and mitigation. Appeals. 8.21 - SUBSTANTIVE AUTHORITY. The policies and goals supplementary to those in county of Jefferson. set forth in this ordinance are the existing authorization of the (1) (2) The county may attach conditions to a permit or approval for a proposal so long as: (a) Such conditions are necessary to mitigate specific probable 16 VOL 10 rAŒ o 3269 '.- .,~.;: .- .... '.:,~,-":"';;'--": I, 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 coinditions are reasonable and capable of being accomplished; and .. (d) The county has considered whether other local, state, or federal mi tigation measures applied to the proposal are sufficient to mitigate the identified impacts; and (e) Such conditions are based on one or more policies in Subsection (4) of this section and identified in writing in the license, permit or other decision document. (3) The county may deny a permi t or approval for a proposal on the basis of SEPA so long as; (a) A finding is made that approving the proposal would resul t in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this ordinance; and (b) A finding is made that 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) of this section and identified in writing in the decision document. (4) The county designates and adopts by reference the following policies as the basis for the county's exercise of authority pursuant to this section: (a) The county 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 environment safety, or quences¡ widest range of beneficial uses of the without degradation, risk to health or other undesirable and unintended conse- (iv) Preserve important historic, cuI tural, and natural 17 VOL 1 0 r~.G: o 3270 ..~~ '~'-'-,,-"- ~~..;., ~f'.. ''''''':-..-.' ~~~.,..~-,.",... 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 county recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibi 1 i ty to contr ibute to the preservation and enhancement of the environment. (c) The county adopts by reference the policies in the following county plans, resolutions, ordinances and standards: 1. Jefferson County Comprehensive Plan and any amendments adopted pursuant thereto. 2. Jefferson County Subdivision Ordinance. 3. Jefferson County - Port Townsend Shoreline Management Master Program. 4. Jefferson County Floodplain Management Ordinance. 5. Jefferson County Building Code Ordinance. 6. Jefferson County Camper Club Ordinance. 7. Jefferson County Resolution. . No. 85-81 relating to outdoor Advertising, signs, and Bi11- boards. 8. Jefferson County Resolution No. 23-84 "Establishment of Environmental Designation for Noise Abatement (EDNA) Areas for Jefferson County". 9. Jefferson County Standards. Road, Traffic and C ircu1a tion 10. All other county resolutions, ordinances, plans, and guidelines effective after the date of this ordinance. 8.3Ø - APPEALS. (1) Except for permi ts and var iances issued pursuant to the Jefferson - Port Townsend Shoreline Management Master Program, when any VOL 18 10 r~(,~ n 3271 '~.. · i l. . proposal or action not requiring a decision of the County Commissioners is condi tioned or denied on the basis of SEPA by the responsible official, the decision shall be appealable to the County Commissioners. The proponent or any aggrieved party'may appeal by giving notice to the responsible official within ten days of the decision being appealed. Review by the County Commissioners shall be on a de novo basis. .. (2) The county 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 appeals. (3) The county, appl icant for, or proponent of an action may publ ish a notice of action pursuant to RCW 43. 21C. 080 for any action. The notice shall describe the action and state a time limitation for commencing a challenge to that action. The form of the notice shall be substantially in the form provided in WAC 197-11-990. SECTION NINE FEES, SEVERABILITY, AND ADOPTION. 9.1Ø - FEES. The county shall require the following fees for its activities in accordance with the provisions of this ordinance: (1) Threshold determinations. For every environmental checklist the county reviews when it is lead agency, (excluding checkl ists I for subdivision or shorelines substantial development permit review), the county shall collect a base fee adopted in the Jefferson County Planning Department Fee Schedule plus any publication or notice costs. This fee shall be collected prior to undertaking the threshold determination. The time periods provided by this ordinance for making a threshold determination shall not begin to run until fee payment is made. (2) Environmental impact statements. (a) When the county is the lead agency for a proposal requiring an EIS, and the EIS is prepared by the county, the county shall charge the applicant a fee to cover all costs incurred by the county. The fee required by the county shall be set prior to the preparation of the EIS. It shall be based on the estimated amount of staff time required for EIS preparation and/or review, consultant fees, if required, and public notice costs. In no case shall the fee be less than the minimum base fee established for an EIS in the Jefferson County Planning Department Fee Schedule. 19 VOL 1 0 r~C: o 327~? , j ., 11 1" (b) When the county is the lead agency for a proposal requiring an EIS, and the EIS or portions of the EIS are prepared by a consultant, the applicant shall pay all consultant fees. Such consul tants shall be selected by mutual agreement of the county and applicant. 4 (c) The county may require the applicant to post bond or otherwise ensure payment of such costs. (d) The county shall collect a feè from the applicant to cover the county's review of the EIS plus all costs incurred in meeting the public notice requirements of this ordinance. (e) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred costs are paid. (3) The county shall not collect a fee for performing its duties as a consulted agency. (4) The county will charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by chapter 42.17 RCW. 9.2Ø - SEVERABILITY. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other person.s or circumstances, shall not be affected. 9.3Ø - REPEALER AND ADOPTION: Jefferson County Implementing Ordinance: State Environmental Policy Act (Ordinance No .....) is hereby adopted by the Jefferson County Board of Commissioners this ....... day of ........... 1984. This Ordinance hereby repeals and replaces Ordinance No. 1-81. 20 _"'0)_ 10 r~r,~ n 3273 . . -r· - ,-.. ~._,.._-__ _--..._ c- ...., ". 0····' 9.3Ø - REPEALER AND ADOPTION: Jefferson County Implementing Ordinance: State Environmental policy Act Ordinance No 7-84 is hereby adopted by the Jefferson County Board of Commissioners this 8th day of October 1984. This Ordinance hereby repeals and replaces Ordinance No. 1-81. SEAL BOARD OF COMMISSIONERS OF JEFFERSON COONTY, WASHINGTON , ' -. ç. '......J ,.f" "\ \ . . r:. .,- ~ /-' ... " -t, '. ~.'ft. t," ,,,",, ·o,'j " he 0. '..~'" {'. / , C:;¡ . . ., "'.. , ' . ~ \~ ' ,'!- ( I~. 'Á~·.'. j ... t ~ ... "".;7 1 " "/ ~"# _:;; .J ./ .~ í~ ;;' ,¡'-/' " ,; . '. . '","~ ~ ~ .."'''-~-' :. la.;,r - ~ B. G. Brown, Chairman ~ John L. Pitts, Member son oard 21 VOL 1 0 tA,G~ 03274 9.38 - REPEALER AND ADOPTION: Jefferson County Implementing Ordinance: State Environmental policy Act Ordinance No 7-84 is hereby adopted by the Jefferson County Board of Commissioners this 8th day of October 1984. This Ordinance hereby repeals and replaces Ordinance No. 1-81. " SEAL BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON B~man ~ John L . Pitts , 'Member: son oard ~4fíø4µc,;~ LarrÐ~ . ., DennlS0Th, Members 21 ;I.. ..... . / DRAF~T J~~~~~©~ ~~~UW IMPLEMENTING ORÓINANCE: STATE ENVIRONMENTAL POLICY ACT i \ 4 __ ._ n_....". ~.__ _.________-.~~_:::~-.-,.-..-....-, .,~_~_______ ~._:_-.---.~ ~. - -'''. -.__ -··-·c .-.--- ---.-, , i , ! I .... ~,._".....'. .,... ....,--' .......,..·-:7~·~·-~--,___:r~ (' CA\\ 1\ l \ ~5 (C \ "t£ V S ,... /- ~ ~ ..Jo PUBLISH 1 TIME: September 26, 1984 3ILL: Jefferson County Board of Commissioners 4 PUBLIC HEARING NOTICE PROPOSED ADOPT I ON OF TI-£ JEFFERSON COlNTY I MPLEMENT I NG ORD I NAf\JCE FOR TI-£ STATE ENVIRONMENTAL POLICY ACT Notice is hereby given that the Jefferson County Board of Commissioners wi I I conduct a pub I ic hearing on Monday, October 8, 1984 at 3:00 p.m. in their chambers on the first floor of the county courthouse in Port Townsend, Washing- ton for the purpose of obtaining comments on the proposed adoption of the Jeffer- son County Implementing Ordinance for the State Environmental Pol icy Act (repeal- ing Ordinance 1-81). Any person may submit written Or oral comments at this pub I ic hearing. Information about the proposed ordinance and copies of the complete text may be obtained from the Jefferson County Planning and' Bui Iding Department at the county courthouse. T lTLE : JEFFERSOf\J CQU\JTY lI'1PLEMENT I NG ORD I NMK:E FOR TI-E STATE ENVIRONMENTAL POLICY ACT Rules governing impiementation of the Washington State Environmental Pol icy Act (RCW 43.21C) were adopted by the Washington State Department ot Ecology in January 1984 and, as a result, state and local governmental agencies are reguired to adopt procedures and pol icies conforming with these new rules. The proposed ordinance adopts by reference Washington Administrative Code 197-11. Highl ights of the proposed ordinance are summarized below: SECTION 1 AUTHORITY: This section cites Act (SEPA) and the Washington State Department (WAC 197-11) as the basis for this ordinance. conjunction with this ordinance. the State Environmental Pol icy at Ecology SEPA rules The SEPA rules must be used in SECTION 2 DEFINITIONS: This section adopts by reference al I definitions In the SEPA rules and adds several others that appear in the local ordinance. SECTION 3 GENERAL REQUIRE~ENTS: This section designates the Jefferson County Board of Commissioners as the responsible official and describes its) responsibi I ities. It sets forth rules for determining the lead agency for project proposals. SECTION4 CATEGORICAL EXEMPTIONS; Af\D TI-RESHOLD DETERMINATIONS: This section adopts by reference the exemptions from SEPA reviewal lowed in its) rules and the procedures for submitting an environmental check I ¡st. The thres- .. hold determination process is described, resulting in the issuance of a determin- ation of non-significance (ONS), mitigated determination of non-significance, Dr determination of significance (DS). A D~5 or mitigated ONS is reviewed by the publ ic and other agencies for fifteen working days before conditions are final and the project may proceed. .. SECTION 5 ENVIRONMENTAL IMPACT STATEMENTS: This section adopts by refer- ence the issues of scoping and environmental impact statement (EIS) procedures ! isted in the new SEPA rules. The EIS may be prepared by the appl icant, the county, or a consultant. The responsible official wi! I determine the areas that need to be addressed and the documentJs organization and author. SECTION 6 ENVIRONMENTALLY SE~6ITIVE AREAS: This section identifies envi- ronmental Iy sensitive areas (ESA) as those areas that are designated and mapped by the county that may have severe I imitations to development or where a develop- ment'èould have severe impacts. For projects occurring in an ESA, most exemp- tions do not apply. Goals and pol icies for ESAJs are I isted and wi I I form the basis for requiring conditions for approval. SECTION 7 COMMENTING: This section contains rules for consulting, commenting, and responding to al I qocuments related to SEPA, including rules for publ ic notice and hearings. Publ ic notice must be given whenever a OS, ONS, or EIS is issued. If possible, pub! ic notice shal I be integrated with a publ ic notice of other required permits. The SEPA publ ic comment period shal I be the same as that required by other necessary permits or fifteen working days, which- ever is greater. The Jefferson County Planning and Bui Iding Department shal I be responsible for gathering county comments when responding to SEPA documents issued by other agencies. SECTION 8 OECISION-MAKING, AUTf-K)RLTY, USE OF EXISTING OOCI...I"ENTS, AI\D APPEALS: This section I ists all adopted goals, pol icies, rules, regulations, or resolutions that provide the basis tor conditioning a permit or approval or non-approval at an appl ication. A permit denial must be based on these pol icies and a finding that approval would result in probable significant adverse environ- mental impacts and that there are no reasonable mitigative measures sufficient to mitigate the impact. This section also encourages the use of existing envi- ronmental documents in developing required SEPA documents. Final guidel ines for judicial and legislative appeals are described. SECTION 9 FEES, FORMS, SEVERABILITY, REPEALER, AI\D ADOPTION: This section sets forth al I tees required for SEPA review. AI I SEPA forms I isted in the SEPA rules are adopted by reference. This section also repeals ordinance 1-81, the countyJs existing SEPA implementing ordinance, and formally adopts the new ordin- ance. SECTION 10 SIMPLIFIED SEPA PROCESS FLOW CHART: This section contains a flow chart illustrating the SEPA process and time requirements. ... ~__~_."___~____ ___u____ ','OL 10 r~f.~ ""IIIIIIIII I --,-._-,---,._-----, Affidavit of Publication STATE OF WASHINGTON) IS COUNTY OF JEFFERSON) FRANK W. GARRED, being sworn, says he is the publisher of the Port Townsend Leader, a weekly newspaper which has been established, published in the English language and circulated con- tinuously as a weekly newspaper in the town of Port Townsend, in said County and State, and for general circulation in said county for more than six (6) months prior to the date of the first publica- tion of the Notice hereto attached, and that the said Port Town- send leader was on the 27th day of June, 1941, approved as a legal newspaper by the Superior Court of said Jefferson County, and that annexed is a true copy of the Public Hearing - proposed adop- tion of the Jefferson County implementing ordinance for the state environmental policy act as It appeared in the regular and entire issue of said paper itself and not in a supplement thereaf for a period of one consecutive weeks. beginning on the 26th daYO~eptember 84 .19 _. and ending on the 26th d f September ayo . 19 84 . and that said newspaper was regularly distributed to its subscribers during all of this period. That the full amount of 126.00 $ has been paid in full,at the rate of $3.50 per col- -""M-;-µJkvuif 26t!\¡ay of Subscribed and sworn to before me this sep~( 84 h;() Q ~Q \-)?Þ -¡:: ~ Notdry Public in and far the State of Washington. residing at Port T_nsend o 322S