ORD 95-43 AMENDING SEPA SECTIONSORDINANCE NO. 95-43
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the State Environmental Policy Act (SEPA) and
Environmental Policy, Chapter 16.04, by amending Sections
16.04.130, and 16.04.170 of the Bainbridge Island Municipal
Code.
WHEREAS, ESHB 1724 passed April 23, 1995, amending RCW Chapter 43.21C, the State
Environmental Policy Act, requires that the City amend environmental policies;
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN, as follows:
Section 1. Section 16.04.130 of the Balnbridge Island Municipal Code is amended as follows:
16.04. 130 Public notice.
D. Notice of public hearings shall be published no later than 15 10 days before the
hearing. Notices shall be mailed to owners of property within 300 feet of the site and posted as
described in this section.
Section 2. Section 16.04.170 of the Bainbridge Island Municipal Code is amended as follows:
16.04. 170 Appeals.
A. Any person may appeal the issuance of:
1. A determination of nonsignificance;
2. A determination of significance;
3. A final environmental impact statement; and
4. Except for permits or variances issued pursuant to Chapter 16.12 of this code,
a-&_ny decision of a non-elected official on a proposal or action not requiring a decision of the
city council that which conditions or denies a the proposal or action on the basis of SEPA~
except for permits or variances issued pursuant to Chapter 16.12 of this code. No other SEPA
appeal shall be allowed.
B. Except for an appeal of a determination of significance (DS), there shall be no more
than one administrative SEPA appeal proceeding. An appeal of a determination of
nonsignificance will be heard at the public hearing for the final recommendation or decision of
the underlying land use application.
RC. An appeal must be filed in writing with the responsible official within 14 40 calendar
days from ef the date of the determination dcciaic, n bccomcs final.. or 21 calendar days from
the date of the determination when the determination is subject to a SEPA public comment
period as required under WAC 197-11-340. The appeal shall identify the decision, contain a
summary of the grounds for the appeal and be accompanied by an appeal fee in an amount
established by resolution of the city council. Following receipt of the appeal and the fee, the
responsible official shall transmit a copy of the appeal to the hearing examiner.
GD__. The'appeal shall be heard by the hearing examiner at a public hearing, notice of
which shall be published once and mailed to the appellant and delivered to the responsible
official at least 15 days before the public hearing.
E__~. At the public appeal hearing, the hearing examiner shall consider all relevant
evidence and take testimony on oath. The public hearing shall be tape recorded. Upon
completion of the public hearing, the hearing examiner shall enter findings of fact, conclusions
of law and a decision, giving substantial weight to the decision of the responsible official.
D. The decision of the hearing examiner shall become final unless any person or city
departmcnt or agcncy appcals the decision by filing a written appeal with the city clerk within
10 calendar days of the date of thc decision. The appeal shall identify the decision and shall
contain a summary of the grounds for thc appeal. Following rcccipt of the appeal, thc city clerk
shall transmit a copy of the appeal to the chair of the city council.
E. The city council shall consider the appeal at a public hearing, thc datc and time of
which shall bc fixed at a roecling of thc city council. Notice of the date and timc of the public
hearing shall be published oncc and mailed to the appcllant and the responsible official at least
15 days before the public hearing. The city council shall consider the appcal on the record
presented to the hcaring cxamincr and on writtcn appeal statements and argumcnts of the
appellant and the city. The city council may allow the city and the appcllant to make oral
argument based on the record, may visit thc site and may permit thc record to bc supplemented.
Any additional testimony shall be taken under oath and the meeting shall bc taped recorded.
After consideration of the record, written appeal statements and arguments, and additional
evidcnce and oral argument, if any, the city council shall cntcr its own findings of fact,
conclusions of law and a decision, which may adopt in whole or in part by refcrcncc the findings
of fact and conclusions of law and decision entered by the hearing examiner. In rendering a
decision, the city council shall givc substantial weight to thc decision of the responsible official.
F. The decision of the city council of the hearing examiner is final unless an appeal is filed with
the superior court.
FG. The city 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. (Ord. 92 06 1, 1992) If there is no time period for appealing the underlying
government action and a notice of action ander RCW 43.21C.080 is used. appeals shall be
commenced within the time period specified by RCW 43.21C.080.
Section 3. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this __ day of
,1995.
APPROVED by the Mayor this __ day of
,1995.
ATTEST/AUTHENTICATE:
~per, C~'ity Cler~'/~~k'
Janet K. West, Mayor
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION: 12-13 --95
POSTED: 12-13-95
EFFECTIVE DATE: 12-18-95
ORDINANCE NO.: 95-43
November 8, 1995
SEPA. 117
10~27-95
12-7-95