(a) Preparation of an EAW is mandatory for those projects that meet or exceed the EAW thresholds contained in Minnesota Rules 4410.4300 or the EIS thresholds in Minnesota Rules 4410.4400, as may be amended.
(b) A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The City Council may require the preparation of a discretionary EAW if it is suspected that a development project may have the potential for significant environmental impact.
(c) If the Community Development Director determines that an EAW must be prepared, it is at the city's sole discretion to determine the EAW preparation process. The city may choose to prepare the EAW; select a consultant to perform the work; or may allow the applicant to prepare the EAW. The city must review and approve any consultant selected by the applicant. The city may return an incomplete EAW submittal to the applicant, edit the EAW as necessary or request additional information from the applicant until the city accepts the EAW submittal as complete in writing.
(d) All EAWs must be prepared under the direction of the Community Development Director and must be reviewed and acted upon by the City Council via resolution.
(e) In addition to the application fee as set forth in City Code Appendix A, the applicant is responsible for all fees associated with the preparation of the EAW including legal and consultant's fees. If the city is preparing the EAW or has selected a consultant to prepare the EAW on the city's behalf, the applicant must agree in writing to provide an escrow to pay for the environmental review in accordance with the requirements of § 21.502.01(h).
(f) The City Council must require an EIS when it finds that a project has the potential for significant environmental effects under Minnesota Rules 4410.1700.
(g) When reviewing an EAW, the Community Development Director may suggest design alterations and/or mitigation measures that would lessen the environmental effects of the proposed project. The City Council may require that these design alterations and/or mitigation measures, whenever feasible and consistent with other laws, be incorporated as conditions of approval or request these changes to be incorporated into the site plan to lessen the environmental effects of the proposed project.
(h) Exemptions. Minnesota Rules, part 4410.4600 identifies certain projects that cannot undergo environmental review and are thus exempt.