14.05.250 Substantive authority | Cathlamet Municipal Code

14.05.250 Substantive authority.

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

(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

(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 following town codes, ordinances, resolutions and plans, as they now exist or may hereafter be amended, as a possible basis for the exercise of substantive SEPA authority in the conditioning or denying of proposals:

(i) Chapter 43.21C RCW – State Environmental Policy Act;

(ii) CMC Title 5 – Business Licenses and Regulations;

(iii) CMC Title 6 – Animals;

(iv) CMC Title 8 – Health and Safety;

(v) CMC Title 10 – Vehicles and Traffic;

(vi) CMC Title 12 – Streets, Sidewalks and Public Places;

(vii) CMC Title 13 – Public Utilities;

(viii) Chapter 14.10 CMC – Flood Damage Prevention;

(ix) Chapter 14.15 CMC – Critical Areas;

(x) CMC Title 15 – Buildings and Construction;

(xi) CMC Title 17 – Subdivisions;

(xii) CMC Title 18 – Zoning;

(xiii) The town of Cathlamet comprehensive plan;

(xiv) The town of Cathlamet shoreline master program;

(xv) The town’s six-year road program;

(xvi) The town’s comprehensive water plan;

(xvii) The town’s comprehensive sewer plan;

(xviii) The town’s public works standards;

(xix) The town’s comprehensive parks plan;

(xx) Wahkiakum School District 200 capital facilities plan; and

(xxi) Wahkiakum County comprehensive plan.

(d) The town establishes the following additional policies:

(i) Schools. In order to ensure that adequate school facilities are available to serve new growth and development, as well as to ensure that such new growth and development provides mitigation for direct impacts on school facilities identified by the school district as a consequence of proposed development, the town may impose school mitigation fees, all as provided in RCW 82.02.020.

(ii) Law Enforcement. In order to ensure that the town’s acceptable level of service for law enforcement response is not diminished as a result of new growth and development and to ensure that new growth and development provides mitigation for the direct impacts on the town’s law enforcement service provider that are identified by the town as a consequence of proposed development, the town may impose police and emergency response mitigation fees, all as provided in RCW 82.02.020.

(iii) Other Town Services. In order to ensure that the town’s acceptable level of service to citizens for all other government services and utilities is not diminished as a result of new growth and development, the town may impose mitigation fees, all as provided in RCW 82.02.020, for parks. (Ord. 581 § 2, 2016)