A. The policies and goals set forth in this chapter are supplementary to any and all existing authority available to the Town.

B. The Town may condition, restrict, limit, deny or approve any proposed permit, license, project or proposal based on the following considerations:

1. The conditions, restrictions or limitations are reasonably required to mitigate or prevent specific adverse environmental impacts identified in analytical documents prepared pursuant to this chapter or the Woodway Municipal Code;

2. The conditions, restrictions or limitations are in writing and approved or adopted by the decisional body;

3. The conditions, restrictions or limitations are reasonably related to the services, demands or other impacts arising from the proposed permit, license or project, will mitigate or avoid the adverse impacts and are capable of being accomplished;

4. Whether other local, state or federal mitigation measures applied to the permit, license, project or proposal are sufficient to mitigate the identified impacts; and

5. The conditions, restrictions or limitations are based on one or more goals and policies identified in this section and cited in the permit, approval, license or other decision document.

C. The Town 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 ordinance;

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 this section and identified in writing in the decision document.

D. For the purpose of providing substantive policies under WMC Chapter 16.04 and RCW Chapter 43.21C, the Town adopts and incorporates by reference each and every regulation, goal and policy in the following state laws, Town codes, ordinances, resolutions, plans, agreements, and regulations, all as they now exist or may hereinafter be adopted or amended; together with the rules, laws, ordinances, resolutions, regulations, plans, reports, administrative policies or technical reports which are incorporated by reference, underlie or are otherwise applicable to such laws, codes, ordinances, resolutions, plans, agreements and regulations, all as they now exist or may hereinafter be adopted or amended:

1. The State Environmental Policy Act, codified at RCW Chapter 43.21C;

2. The State Growth Management Act, first enacted as Laws of 1990, 1st Ex. Sess., Chapter 17, including without limitation subsequent amendments or modifications and all codifications set forth in RCW Chapters 36.70A through 36.70C together with all associated administrative regulations;

3. The Town of Woodway Comprehensive Plan as adopted and amended from time to time;

4. The Woodway Municipal Code, including without limitation each chapter and section;

5. Every intergovernmental and/or Interlocal Agreement between the Town of Woodway and surrounding jurisdictions, including federal, state and local agencies, special purpose districts, or other municipal, governmental or public entities, including without limitation all such agreements concerning transportation, education, parks and recreation, fire services, or other infrastructure elements;

6. Park and/or Recreation Master Plans, Development Plans, or Use Plans developed or adopted by the Town;

7. Drainage, stormwater, transportation, development guidelines and other engineering plans or documents governing development and adopted by the Town;

8. Transportation Improvement Program, Capital Facilities Program, and other adopted infrastructure development programs of the Town.

E. The substantive policies set forth in this section may be amended from time to time by action of the Town Council through motion, resolution or ordinance and shall by that action be incorporated into this section as a substantive SEPA policy. It shall not be a prerequisite for the application of any substantive policy adopted under this section that it be expressly set forth above by name or title, but it shall be sufficient that such document is referenced by subject matter description and is available from the Town upon request. As an alternative to any other specified method of adopting and incorporating substantive SEPA policies adopted by the Town after the effective date of this amended section, it shall be sufficient that a substantive policy document is approved or otherwise adopted by the Town Council and recites that it is a substantive policy under the authority of RCW Chapter 43.21C and/or WMC Chapter 16.04. (Ord. 01-412 §1 (Exh. 1 (part)), 2001)