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 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. 296 § 21, 1984; Ord. 598 § 1, 2009)
A. 
The policies and goals set forth in this chapter are supplementary to those in any existing authorization of the town.
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 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 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 cited in the license or other decision document.
C. 
The town 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 town designates and adopts by reference 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 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 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. 
Except for permits and variances issued pursuant to YPMC Title 17, Zoning, when any proposal or action not requiring a decision of the town council 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 repealed. Review by the town council shall be on a de novo basis.
(Ord. 296 § 22, 1984; Ord. 598 § 1, 2009)
A. 
The town, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
B. 
The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the town clerk/treasurer or county auditor, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 296 § 23, 1984; Ord. 598 § 1, 2009)