Chapter 18.07
SEPA AND TOWN DECISIONS
Sections:
18.07.010 Purpose – Adoption by reference.
18.07.020 Substantive authority.
18.07.010 Purpose – Adoption by reference.
This chapter contains the rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This chapter also contains procedures for appealing EPA determinations. The Town adopts the following sections by reference, as supplemented in this chapter:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
[UDC Ord. dated 7/21/1998].
18.07.020 Substantive authority.
A. The policies and goals set forth in this title are supplementary to those in the existing authorization of the Town of Wilkeson.
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 title;
2. Such conditions are in writing;
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
4. The Town has considered whether local, State or Federal mitigation measures to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one (1) 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 an FEIS or final SEIS prepared pursuant to this title;
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 (1) 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, function programs and resources to the end that the Town 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 the Town of Wilkeson 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. The Town incorporates by reference the policies in the following Town codes, ordinances, resolutions and plans, and all amendments to them in effect on the date a decision is made on a proposal:
a. WMC Title 15;
b. WMC Title 16;
c. WMC Title 17;
d. Wilkeson Comprehensive Plan, adopted by Ordinance 2005.13. [Amended during 2014 codification; UDC Ord. dated 7/21/1998].
18.07.030 Appeals.
A. The Town of Wilkeson establishes the following administrative appeal procedures under, and which are to be construed consistently with RCW 43.21C.075 and WAC 197-11-680:
1. All appeals under this title shall be to the Town Council.
2. Any agency or person may appeal the Town’s procedural compliance with Chapter 197-11 WAC for issuance of the following:
a. A Final Determination of Nonsignificance (DNS). Appeal of the DNS, substantive determination on the action, or both, must be made to the Town Council within thirty (30) days of the date the permit or other approval is issued. If both are appealed, the appeals must be consolidated.
b. A Determination of Significance (DS). The appeal must be made to the Town Council within thirty (30) days of the date the DS is issued.
c. An Environmental Impact Statement (EIS). Appeal of the FEIS, substantive determination on the action, or both, must be made to the Town Council within thirty (30) days of the date the permit or other approval is issued. If both are appealed, the appeals must be consolidated.
3. For any appeal under this subsection, the Town 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.
4. The Town may, at its option, require the appellant to provide an electronic transcript.
5. 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. [UDC Ord. dated 7/21/1998].