Ordinance 3774-20 - Laserfiche WebLink

In addition to those definitions contained within WAC 197-11-700 through 197-11-799,when used in this chapter, the following terms shall have the following meanings,unless the context indicates otherwise: A. "Planning Director" means the director of the department of planning and community development or successor agencies and his/her designee. B. "Ordinance"means the ordinance, resolution,or other procedure used by the city to adopt regulatory requirements. C. "Responsible official"means the planning director designated by the mayor who shall carry out the city's procedural responsibilities as the lead agency under this chapter. D. "SEPA rules" means Chapter 197-11 WAC adopted by the State of Washington Department of Ecology. 19.43.065 Rules. The city is authorized to promulgate rules for the interpretation and implementation of this chapter through administrative rules adopted by the responsible official, and resolutions or ordinances adopted by city council. 19.43.070 Forms. The city shall use the forms substantially as set forth in the SEPA rules. However,the responsible official may modify the forms if he/she determines that a modified format would improve clear presentation of the proposed action,the environmental impacts of the proposed action,the environmental determination being made by the city,and/or the opportunity for commenting on the proposed action or environmental determination. 19.43.075 Fees. A. Except as otherwise noted in this chapter,all fees required for processing of actions by the city in accordance with the provisions of this chapter shall be established by the land use permit fee ordinance. B. Environmental Impact Statement. 1. Notwithstanding any provisions of this chapter,the responsible official may with the concurrence of the applicant contract directly with a consultant or subconsultant for preparation of an EIS,or a portion of the EIS,and may bill such costs and expenses directly to the applicant.The city may require that the applicant post bond or other guaranty device satisfactory to the city to otherwise ensure payment of such costs; 2. If a proposal is modified so that an EIS is no longer required,the responsible official shall refund any fees collected under this subsection which remain after incurred costs are paid. C. The city may collect a reasonable fee from an applicant to cover the cost of meeting SEPA public notice requirements relating to the applicant's proposals. D. The city shall not collect a fee for performing its duties as a consulted agency. E. The city may charge any person for copies of any document prepared under this chapter,and for mailing the document, in a manner provided by Chapter 42.17 RCW. 19.43.080 Designation of responsible official. A. For those proposals for which the city is the lead agency,the responsible official shall be the planning director. B. For all proposals for which the city is the lead agency,the responsible official shall make the threshold determination,supervise scoping and preparation of any required 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. C. The city shall retain all documents required by the SEPA rules(Chapter 197-11 WAC)and make them available in accordance with Chapter 42.17 RCW,and Chapter 2.92 of this code. D. Public information on SEPA can be obtained at the lead agency through the city's planning and community development department,2930 Wetmore Avenue,Suite 8-A, Everett. 19.43.090 Lead agency determination and responsibilities. Ch.19.43,Environmental Policy 2 City Council Action(11/04/2020)