10.01.070 Substantive Authority | Garfield Municipal Code

10.01.070 Substantive Authority.

(1) The policies and goals set forth in this Chapter are supplementary to those in the existing authorization of the Town of Garfield.

(2) The Town may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this Chapter; and

(b) Such conditions are in writing; and

(d) The Town has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.

(3) The Town may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) 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

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The Town designates and adopts by reference the following policies as the basis for the Town’s exercise of authority pursuant to this section:

(a) 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:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) 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.

(c) The Town adopts by reference the policies in the Town Comprehensive Plan as presently adopted and any future amendments thereto.

(d) Except for permits and variances issued pursuant to the Town of Garfield Shoreline Master Plan, when any proposal or action not requiring a decision of the Town Council is conditioned or denied on the basis of SEPA by a non-elected 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 ten days of the decision being appealed. Review by the Town Council shall be on a de novo basis. (Ord. 146-N, §8, 1984)