Chapter 19.04
ENVIRONMENTAL POLICY AND PROCEDURES
Sections:
19.04.010 Adoption of state provisions.
19.04.020 Modifications to adopted provisions.
19.04.010 Adoption of state provisions.
A. There is adopted to be effective for all actions subject to the State Environmental Policy Act within the city, Chapter 173-806 WAC, the Model State Environmental Policy Act Ordinance, subject to the terms, conditions, and options selections herein.
B. Where a Washington Administrative Code section is cited herein, the option adopted by the city shall be as stated in this chapter. For sections of Chapter 173-806 WAC not cited, said chapter shall be considered to be adopted in total as stated in said model ordinance, without further reference herein.
C. WAC 173-806-010 is adopted as follows: The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, shall be used in conjunction with this chapter. (Ord. 389 § 2 (part), 2011; Ord. 159 §§ 1 – 3, 1984. Formerly 18.04.010)
19.04.020 Modifications to adopted provisions.
The following deletions, amendments and additions are made to the provisions adopted in BMC 19.04.010:
A. Responsible Official. The department head, or his or her designate, having supervisory or oversight responsibility for the project or action under consideration shall be the responsible official for purposes of compliance with this chapter.
B. WAC 173-806-050(4). Any petition to be initiated pursuant to said section may be initiated by the building inspector or the city council.
C. WAC 173-806-053. This section is adopted in total.
D. WAC 173-806-055. This provision, optional for the city, is not adopted.
E. WAC 173-806-058. This section is adopted as follows:
1. For nonexempt proposals, the DNS, a draft DIS, or final EIS for the proposal may accompany the city staff recommendation to any appropriate advisory body, such as the planning commission.
2. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.
F. WAC 173-806-070. This section is not adopted.
G. WAC 173-806-090. This section, optional in part, is adopted as follows:
1. Option 1 is adopted.
2. This section is mandatory.
3. This section is adopted.
H. WAC 173-806-100(3). Fifteen working days shall be required by the responsible official to respond pursuant to said subsection.
I. WAC 173-806-125. This section is not adopted.
J. WAC 173-806-130. The “City of Brier” shall be inserted in Section (1). For purposes of notice as required under Section (2)(b) notice shall be given as stated in Section (2)(b)(i), posting the property, for site specific proposals. For Section (2) regarding notice of availability of documents, said notice shall be given by: posting the property for site specific proposals.
K. WAC 173-806-140. The building inspector shall be the responsible official for the duties of this section.
L. WAC 173-806-160 entitled “Substantive Authority” is adopted in its entirety. In accordance with Section (4)(c) the following codes, ordinances, resolutions and plans are adopted as additional authority to condition, deny or amend an action: The comprehensive plan, as presently existing or generally accepted proposed amendments thereto, and the zoning code. For purposes of subsection (5), appeals shall be to the city council and notice of appeal shall be in hand received by the city clerk within ten days of the decision of the responsible official.
M. WAC 173-806-173. Section 1. This option is adopted.
N. WAC 173-806-190. No environmentally sensitive areas are designated at this time.
O. WAC 173-806-200. The following fees are established:
1. Environmental Impact Statement.
(a) This section is adopted in total.
(b) This section is adopted in total.
(c) This section is adopted in total.
(d) This section is adopted in total.
(e) This section is adopted as stated.
(f) This section is adopted as stated.
P. WAC 173-806-205. This chapter shall be effective after passage and posting as required by law. (Ord. 389 § 2 (part), 2011; Ord. 159.A §§ 1, 3, 1986; Ord. 159 §§ 1 – 14, 15 – 20, 1984. Formerly 18.04.020)
19.04.030 Appeals.
A. All appeals shall be pursuant to WAC 173-806-170(A)(i – iii), (B), (C), (D). The council may, in its sole discretion, appoint a hearing examiner for any appeal pursuant to this subsection, which examiner shall conduct the hearing on behalf of the council and make a record for use by the council, in accordance with WAC 173-806-170(B), and shall also make a recommended decision for the council. After hearing the argument of the parties the council may affirm, modify, deny, or overturn the hearing examiner’s recommended decision, in whole or in part, but only for clear error of law or unsupported finding of fact.
B. Official notice under WAC 197-11-680(5) shall be given whenever a permit or approval is granted for which a statute or ordinance establishes a time limit for commencing judicial appeal. Appeals to Superior Court shall be by writ of certiorari only and commenced within the time period established by the city for such appeals. All costs of transcription of the record shall be paid for, in advance, by the appellant. (Ord. 389 § 2 (part), 2011; Ord. 159.A § 2, 1986. Formerly 18.04.030)