This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The town adopts the following sections of SEPA rules 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. 257 § 7.1, 1984)
A. 
The standards and requirements set forth in this chapter are supplementary to those in other town ordinances and codes.
B. 
The town may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific, probable, significant, and adverse environmental impacts identified in environmental documents prepared pursuant to SEPA or 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 town 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 are cited in the license or other decision document.
C. 
The town may deny a permit or approval for any proposal on the basis of SEPA conditions and/or impact upon the environment so long as:
1. 
A finding has been made by the responsible official that the proposal, if approved, would result in probable, significant, adverse environmental impacts identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and
2. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies stated in subsection D of this section and which are identified in writing in the decision document.
D. 
The town designates and adopts the following policies as the basis for the town's exercise of authority pursuant to this section:
1. 
The town shall use all practicable means, consistent with other essential considerations of town and state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and town and their citizens may:
a. 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. 
Assure for all people of the state and/or town 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 and local heritage;
e. 
Maintain, whenever 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 town 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. 
The town reaffirms the policies in the following town ordinances, and this chapter shall be administered consistent with the following, but in case of any conflict, this chapter shall control:
a. 
YMC Title 18.
E. 
Except for permits and variances issued pursuant to the town zoning ordinance, when any proposal or action not requiring a decision of the town is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the town council shall be on a de novo basis.
(Ord. 257 § 7.2, 1984)
A. 
The town establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
1. 
Any agency or person may appeal the town's procedural compliance with Chapter 197-11 WAC for issuance of the following:
a. 
A final DNS. Appeal of the DNS, substantive determination on action, or both, must be made to the responsible official within 30 days of the date the permit or other approval is issued. An appeal of both the DNS and the substantive determination on action must be consolidated.
b. 
A DS. The appeal must be made to the responsible official within 30 days of the date the DS is issued.
c. 
An EIS. Appeal of the FEIS, substantive determination on the action, or both, must be made to the responsible official within 30 days of the date the permit or other approval is issued. An appeal on the FEIS and the substantive determination on the action must be consolidated.
2. 
For any appeal under this subsection, the town shall provide for record that shall consist of the following:
a. 
Findings and conclusions;
b. 
Testimony under oath; and
c. 
A taped or written transcript.
3. 
The town may require the appellant to provide an electronic transcript.
4. 
The procedural determination by the town's responsible official shall carry substantial weight in any appeal proceeding.
B. 
The town 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. 257 § 7.3, 1984)
A. 
The town, the applicant for, or the proponent of an action may publish a "notice of action" therefor pursuant to RCW 43.21C.080.
B. 
The form of such notice shall be substantially in the form provided in WAC 197-11-990 and shall be published substantially in the form provided in WAC 197-11-990.
C. 
Any action to set aside, enjoin, review or otherwise challenge any action for which notice was so given shall be commenced within the time provided by RCW 43.21C.080 and within 30 days of completion of any required posting, publications and/or notifications or be barred. Such period of limitation shall not extend any other such limitation on review set by other law or ordinance.
(Ord. 257 § 7.4, 1984)