ORDINANCE 2007-04

(AN ORDINANCE AMENDING SKAMANIA COUNTY CODE TITLE 16: AMENDING SECTION 16.04.060, AMENDING SECTION 16.04.070, AMENDING SECTION 16.04.080, AMENDING SECTION 16.04.140 and ADDING SECTION 16.04.150)

 

WHEREAS, on January 17, 2007 the Board of County Commissioners held a workshop on the Ordinance 2007-04; and

 

WHEREAS, changes to Agency SEPA procedures are exempt from the State Environmental Policy Act review; and

 

Whereas, notice of the public hearing was provided in the official newspaper of general circulation at least 10 days prior to the public hearing, meeting the notification requirements; and,

 

WHEREAS, on February 20, 2007, at 7pm the Skamania County Planning Commission held a legislative public hearing on Ordinance 2007-04; and,

 

WHEREAS, after allowing time for public testimony, the public hearing was closed to public comment on February 20, 2007; and,

 

WHEREAS, the Planning Commission discussed the proposed changes and voted to recommend approval of the text changes in Ordinance 2007-04 to the Board of County Commissioners; and,

 

WHEREAS, the Board of County Commissioner reviewed the recommendation at a public meeting; and,

 

WHEREAS, the Board of County Commissioners accepted the Planning Commission recommendation to approve Ordinance 2007-04 without any further changes; and,

 

NOW THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED the following is the final version of Ordinance 2007-04 affecting Skamania County Code TITLE 16, Sections 16.04.060, 16.04.070, 16.04.080, 16.04.140 and 16.04.150:

 

Skamania County Title 16

State Environmental Policy Act (SEPA) Ordinance

 

16.04.060     USE OF EXEMPTIONS

 

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

 

  1.     The county shall not give authorization for:

 

a.     Any nonexempt action; or

b.    Any action that would have an adverse environmental impact; or

c.     Any action that would limit the choice of alternatives.

 

B.  All subdivisions, short subdivisions and amendments to subdivisions or short subdivisions that increase the original number of approved lots require an environmental checklist review.

 

 

16.04.070     ENVIRONMENTAL CHECKLIST

 

            A.     A completed 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 chapter; except, a checklist is not needed if SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

 

B.    For private proposals the county will require the applicant to complete the environmental checklist, providing assistance as necessary.  For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.  (Ord. 1985-02 S7.0)

 

16.04.080     PREPARATION OF EIS

 

            A.     The draft and final EIS (DEIS and FEIS) and draft and final supplemental EIS's (SEIS) shall be prepared by the private applicant or consultant retained by the private applicant. 

 

            B.     The responsible official shall ensure that 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.

 

16.04.140     FEES

 

A.    Upon submittal and acceptance of an application, which requires SEPA review by the County, as lead agency, the applicant shall pay a basic SEPA review fee, as established by the Board of County Commissioners from time to time.  The basic review fee shall be submitted to the Department and checks shall be made payable to the Skamania County Treasurer.  Fees are not refundable.

 

            B.     The applicant shall pay the EIS fee, as established by the Board of County Commissioners from time to time.  The county 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.

 

16.04.150             EIS Timeline Applicable to the SEPA Process

 

If a Determination of Significance is made and an Environmental Impact Statement (EIS) is required, the EIS shall be completed within one (1) year of the date of the Determination of Significance.  The one (1) year time period may be extended by the Planning Director if it is determined that the applicant has shown substantial work on the EIS and additional time is needed to complete the EIS.

 

BE IT FINALLY ORDAINED that this ordinance shall become effective upon adoption by the Board of County Commissioners of Skamania County.

 

ORDINANCE NO. 2007-04 IS HEREBY PASSED INTO LAW this 27th day of March 2007.