This part contains rules (and policies) for SEPA's 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.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
(Ord. 1273 NS § 1, 2002)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Colville.
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 choice;
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. 
All city ordinances, rules, policies, and actions shall be construed consistently with these policies.
(Ord. 1273 NS § 1, 2002)
The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
A. 
Relief from a decision of the responsible official is requested from the legislative or policy-making body of the city. The appeal shall be made within 10 calendar days.
1. 
For any appeal under this subsection, the city shall provide for a record that shall consist of the following:
a. 
Findings and conclusions;
b. 
Testimony under oath; and
c. 
A taped or written transcript.
2. 
The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding.
B. 
The city's legislative or policy-making body reviews all procedural and substantive determinations made by or proposed to the responsible official together, except threshold determinations which may be reviewed without reference to substantive matters. The city's legislative or policy-making body must keep a record of all proceedings, prepare adequate findings and conclusions, take testimony only under oath, and maintain a verbatim recording of all proceedings.
C. 
An application for review of a decision of the city's legislative or policy-making body must be made to the Stevens County superior court within 30 days of issuance unless a different time period applies to the underlying governmental action. Review of procedural decisions must be initiated within 10 days.
D. 
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.
(Ord. 1273 NS § 1, 2002)