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HomeMy WebLinkAbout5187 ORDINANCE NO. 6 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2004 of the Bremerton Municipal Code entitled "State Environmental Policy Act" to update the section relating to statutory authority for SEPA and to add provisions for Planned Action environmental review WHEREAS, the current provisions of Chapter 20 04, State Environmental Policy Act (SEPA), of the Bremerton Municipal Code (BMC) were primarily drafted in 1984, and WHEREAS, the Chapter 20 04 010 BMC requires minor modification to clarify the statutory authority the City uses to perform environmental review, and WHEREAS, in 1997 amendments to the SEPA rules were enacted by the State Legislature allowing jurisdictions to prepare environmental impact statements for planned actions such as those projects identified in a subarea plan, and WHEREAS, the current provisions of Chapter 20 04 BMC do not contain provisions for Planned Action environmental review, and WHEREAS, the City Council desires to incorporate changes to the City's SEPA regulations to allow flexibility to implement the beneficial planned action tool, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 20 04 010 of the Bremerton Municipal Code entitled "Statutory Authority" is hereby amended to read as follows 20.04.010 STATUTORY AUTHORITY. The City adopts the ordinance codified in 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, must be used in conjunction with this chapter The City also designates and adopts by reference the following policies and regulations as the basis for the City's exercise of authonty pursuant to this chapter Comprehensive Plan Capital Facilities Comprehensive Plans, and the Bremerton Municipal Code including but not limited to Title 6 (Health and Sanitation) Title 11 (Streets and Rights -of -Way) Title 15 (Municipal Utilities), Title 17 (Buildings and Construction), and Title 20 Land Use) 1 SEPA Planned Action SECTION 2. A new section, Section 20 04 205, entitled " Planned Actions " is hereby added to Chapter 20 04 of the Bremerton Municipal Code to read as follows 20.04.205 PLANNED ACTIONS The City adopts by reference and codifies in this chapter the State Environmental Policy Act (SEPA) rules WAC 197 -11 -164 WAC 197 -11 -168 and WAC 197 -11 -172 that establis the definitions procedures and project review requirements for Planned Actions SECTION 3. Severabihty If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 4. ffective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of V , 2012 AM McDONALD, Council President Approved this l day of , 2012 PATTY L , Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk R ER A LUBOVIC , City or PUBLISHED the .�� day of u , 2012 EFFECTIVE the day of ' 2012 ORDINANCE NO jGJ97 R \ Legal \Legal \Ordinances \Community Development \SEPA Code Change Planned Action doc 2 SEPA Planned Action AFFIDAVIT OF PUBLICATION Account #42742 AD #284915 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Wasington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on July 23, 2012 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $39 86 Tlus amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 27, 2012 (' � � A - (" Cy I, Notary Public in and for the State of Wasington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5187 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 20 04 of the Bremerton Municipal Code entitled "State Environmental Policy Act" to update the section relating to statutory authority for SEPA and to add provisions for Planned Action environmental review PASSED by the City Council on the 18th day of July, 2012 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 July 23, 2012 AD #20127088