A. Any person adversely affected by the following decisions may appeal a threshold determination or adequacy of a final EIS pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed.

B. All appeals filed pursuant to this section must be filed in writing with the Town Clerk within fifteen calendar days from the date of decision being appealed. The appeal shall attach a copy of the decision being appealed, shall identify the appellant and his/her interest, shall contain a plain and concise statement of the issues raised, the reasons for the appeal, and the relief sought, and shall be accompanied by the required fee.

C. On receipt of a timely written notice of appeal, the Mayor shall advise the Hearing Examiner of the pendency of the appeal and request that he/she set a date for considering the appeal.

D. The Hearing Examiner shall conduct the appeal hearing in accordance with the Hearing Examiner’s rules of procedure. All relevant evidence shall be received during the hearing. The Examiner’s decision shall be made based on the testimony and materials submitted during the hearing. The Examiner may make a site visit. The procedural determination by the Town’s responsible official shall carry substantial weight in the hearing. The Examiner shall issue written findings and conclusions within fifteen working days of concluding the hearing.

E. Judicial review of the Examiner’s decision may only be to Snohomish County Superior Court in conjunction with an appeal of the underlying action, in accordance with RCW 43.21C.075. Any such appeal must be brought within the time limits specified in RCW 36.70C.040. (Ord. 01-412 §1 (Exh. 1 (part)), 2001)