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A. The policies and goals set forth in this title are supplementary to those in the existing authorization of the city of Aberdeen.

B. The city 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; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

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

C. The city 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 a FEIS or final SEIS prepared pursuant to this title; and

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 or more policies identified in subsection (D) of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:

1. The city 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:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, 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 depictable resources.

2. The city 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 city adopts by reference the policies in the following documents: comprehensive plan, zoning ordinance, building codes, shoreline management plan, storm drainage, sewer, parks, street plan, dilapidated structures ordinance, flood damage prevention ordinance, and platting laws and ordinances.

4. The city establishes the following additional policies in order to achieve the environmental goals of the Aberdeen community:

Earth. To encourage land development practices that result in a minimal disturbance to the city's vegetation and soils;

To encourage building and site planning practices that are consistent with the city's natural topographical features;

To insure prompt development, restoration and effective erosion control of property after land clearing through the use of phase development, replanting, hydroseeding, and other appropriate engineering techniques;

To prohibit development in areas when such development would create or be subject to imminent danger of landslides.

Air. To secure and maintain such levels of air quality as will protect human health and safety and to the greatest degree practicable, prevent injury to plant and animal life and to property, foster the comfort and convenience of inhabitants, promote the economic and social development of the city, and facilitate the enjoyment of the natural attractions of the city of Aberdeen.

Water. To minimize surface water and ground water runoff and diversion and to prevent erosion and reduce the risk of slides;

To encourage sound development guidelines and construction procedures which respect and preserve the city's water courses; to minimize water quality degradation and control the sedimentation of creeks, streams, ponds, lakes, and other water bodies; to preserve and enhance the suitability of waters for contact recreation and fishing; to preserve and enhance the aesthetic quality of the waters;

To maintain and protect groundwater resources, to minimize adverse effects of alterations in groundwater quantities, locations, and flow patterns.

Flora and Fauna. To protect the unique flora and fauna within the city of Aberdeen;

To preserve and enhance the city's physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property;

To encourage the retention of trees and other vegetation for visual buffers and soil retention;

To minimize devaluation of property values due to unnecessary destruction of trees and ground cover;

To encourage building and site planning practices that are consistent with the city's vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.) proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover.

Noise. To minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise; to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment.

Light and Glare. To minimize excessive light and glare.

Land Use. To implement and further the city's comprehensive plans, including the land use plan, transportation plan, open space, parks and recreation plan, and other plans formally adopted by the city of Aberdeen;

To encourage orderly growth in undeveloped areas of the city by maximizing the efficiency of utilities and roads and other capital improvements.

Natural Resources. To encourage the wise use of nonrenewable natural resources. To encourage efficient use of renewable resources.

Risk of Upset. To require proposals involving the potential risk of an explosion or the release of hazardous substances to include specific measures which will ensure the public health, safety and welfare.

Housing. To encourage the provision and maintenance of adequate housing for the residents of Aberdeen, for all income levels;

To evaluate impacts of new nonresidential development which would reduce existing housing stock or reduce land available for residential development.

Transportation/Circulation. To approve street designs which are beneficial to the public in consideration of vehicular and pedestrian safety, efficiency of service, influence on the amenities and liveability of the community, and economy of both construction and the use of land;

To encourage increased traffic volumes only in areas with sufficient capacity to provide safe and efficient traffic flow or where adequate traffic improvements will be provided in conjunction with the development. To require adequate vehicular and pedestrian access to new developments, and minimize pedestrian vehicular conflict points;

To approve local street systems which are designed to minimize through traffic movements, to discourage excessive speeds, to minimize the need for circuitous travel; and which are designed for a relatively uniform low volume of traffic;

To facilitate, to the extent possible, maximum efficiency and safety to the through street systems;

To require adequate off-street parking to be determined by proposed land use, zoning, potential future use, and contributing factors;

To encourage projects which would have the potential to increase the use of public transportation systems, and reduce the unnecessary use of energy resources and the generation of pollutants.

Public Services. To encourage and approve development only where adequate public services, including fire and police protection, are available or will be made available to serve the proposal.

Energy. To incorporate energy conservation features as feasible and practicable into all city projects and promote energy conservation throughout the community.

Utilities. To encourage and approve development only where adequate utilities, including water, sewer, power, communications and drainage facilities are available or will be made available in conjunction with the proposal.

Human Health. To restrict or prohibit uses which will expose the public to unsanitary conditions or disease;

To restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities;

To require that uses vulnerable to floods including public facilities which serve uses, shall be protected against flood damage at the time of initial construction;

To meet the minimum requirements of the National Flood Insurance Program and state of Washington Flood Control Program.

Aesthetics. To encourage development which maintains and improves the existing aesthetic character of the community;

To maximize protection of existing scenic vistas and scenic corridors.

Recreation. To protect the existing open space areas for future generations and promote their expansion.

Archeological/Historical. To consider historical and archeological importance of all buildings and sites prior to any change in use or development.

Economics. To encourage a reasonable balance between economic and environmental concerns.

Other Policies. To minimize the reduction of available natural light due to the casting of shadows by new development;

To encourage planned residential development to preserve and maintain sensitive environmental areas which could be negatively impacted by traditional development techniques.

Aquifer Recharge Areas. Development proposals, particularly those on or near possible aquifer recharge areas, should be evaluated as to their potential for groundwater contamination. New or expanding existing uses that have the potential to generate leachates that affect groundwater quality should be permitted only if adequate protection measures are employed in site design.

Frequently Flooded Areas. Development and nonproject actions should be reviewed as to their compliance under current regulatory provisions preventing damage to property due to frequent flooding.

Projects that utilize fill beyond exempted levels shall be reviewed for their propensity to increase flooding on adjacent properties. If it is held that such flooding is possible, suitable mitigation measures are to be used to protect adjacent property owners.

In addition, the effect of development on other critical areas that contribute to flood control, such as wetlands and fish and wildlife habitat areas, should be reviewed and appropriately mitigated.

Geologically Hazardous Areas. In addition to existing city ordinances regulating development in geologically hazardous areas, the following strategies should be employed:

(1) Proposals on slopes greater than fifteen (15) percent should seek to preserve as much natural vegetation as practical to reduce the risk of erosion or slides.

(2) In those areas considered prone to landslides or extreme erosion, specific geotechnical reports are to be prepared that evaluate hazard(s) present and how they will be mitigated.

(3) Project design should address the effects of such components as street construction, storm water collection and disposal, lot size and dimensions and restoration of disturbed lands.

Wetlands. Development proposals on or adjacent to wetlands (as identified in The Federal Manual for Identifying and Delineating Jurisdictional Wetlands) shall be evaluated in accordance with the following criteria:

(1) The capacity of the wetland in controlling or containing general flooding and storm water runoff.

(2) The importance of the wetland in contributing to fish and wildlife habitat.

(3) The recreational and aesthetic value of the wetland to the community.

(4) The economic benefit to the community derived from a development proposal that may diminish the quality or size of a wetland.

No wetland shall be managed based upon consideration of only one of the above factors; rather, the cumulative effect of all of the above values must be weighed in any development review decision. The National Wetlands Inventory Map will be used as a reference in determining the presence of wetlands on or near a project site.

(5) Except for permits and variances issued pursuant to Chapter 16.20 of the Municipal Code, when any proposal or action not requiring a decision of the city is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the city 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 city council shall be on a de novo basis.

(Ord. 6198, Amended, 10/07/1998. Prior code § 1.92.220)