Loading...
HomeMy WebLinkAbout03/13/2013 AGENDA [a CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473 -5280 ** *AMENDED * ** MARCH 13, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 I The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the March 20, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Resolution amending "Municipal Court — Rate Table B "; and reestablishing fees, fines, and penalties regarding parking and related matters (Completed discussion February 27, 2013... ) 2. Purchase of four 2013 Chevrolet Malibu Police Vehicles through State Contract No. 04306 3. Ordinance to repeal Ordinance No. 5089; and adopt a resolution relating to new Standards for Indigent Defense 4. Acceptance of $15,000 Grant from the Washington State Office of Public Defense 5. Annual Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton, and South Kitsap Fire & Rescue (SKFR) 6. Ordinance amending Chapter 9A.32 entitled "Assault" and Chapter 9A.44 entitled "Public Disturbances" of the Bremerton Municipal Code (BMC) 7. Ordinance amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code (BMC) relating to Stormwater 8. Resolution approving Pacific Avenue Head -in Angle Parking adjacent to the Downtown Post Office B. FULL PRESENTATION ITEMS 9. Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products 10. Update on Pacific Avenue Reconstruction Project (Information only... ) 11. Ordinance repealing Chapters 10.10 entitled "Restricted Parking Zones" and 10.11 entitled "Parking Enforcement "; establishing a new Chapter 10.10 entitled "Parking Code "; and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) (To continue discussion from February 27, 2013...) C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing — Adam Brockus, Chair 2. General Council Reports and other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. B Public Works and Utilities Department 100 Oyster Bay Ave N • Bremerton, WA 98312 • (360) 473 -5315 • FAX (360) 473 -5360 MEMORANDUM DATE March 6, 2013 TO City Council FROM Chal Martin, Public Works Director SUBJECT Update, Pacific Avenue Reconstruction Project ------------------------------------------------ --------------------- Bremerton's Public Works Department is ramping up planning and engineering activity on the Pacific Avenue Reconstruction Project in preparation for construction start at the end of May, 2013 The purpose of this project update is to provide the Council information about the project, including • Citizen input and Public Works Department responses • Project features, schedule and budget • Direction to Consultant Atch 1 Synopsis of citizen input, departmental responses, direction to consultant, and preliminary project schedules /milestones 2 Conceptual graphic of traffic control plan for phase I Pacific Avenue Reconstruction Project, 6 th Street to 11 Street Synopsis of Citizen Input, Departmental Responses, Direction to Consultant, and Preliminary Project Schedules /Milestones Immediately following the public meeting of Tuesday, February 26 the Project Team, consisting of Public Works Director Chal Martin, City Engineer Tom Knuckey, Managing Engineer for Transportation Gunnar Fridriksson, and Parametrix Project Manager David Dinkuhn met for five hours Wednesday, February 27 (note the project team was joined for a period of time by Wendy Clark - Getzen and Doug Johnson of Kitsap Transit) At this meeting, there was extensive discussion about traffic channelization changes proposed for 6 th street and 11 street, to be implemented prior to the project construction, and maintained for the duration of the project (and possibly beyond) The proposed channelization involves reducing both 6 th and 11 between Park and Pacific, to two lanes (from the current 4 lanes) and providing parallel parking along both streets to compensate for the parking lost on Pacific during construction The concept to implement the rechannelization and delineation of additional parking spaces is to hire a contractor to accomplish the street markings and other work, likely in April Additional public outreach will be essential to explain how this will go forward Asa part of this plan, the signals at the intersections at 6 th and 11 will be changed to 24 -hour, 4 -way flashing red The idea is to move toward the 4 -way stop - controlled intersections, and move toward implementing the features of the subarea plan related to traffic flow on 6 th and 11 th , prior to the construction starting, since all of these features are part of the long -term plan anyway We have updated the graphic (still very preliminary) showing the proposed construction sequencing and traffic control plan which will a Phase the construction work to start with the westerly three - quarters of Pacific Avenue and convert the remaining travel lane to northbound one -way, b Finish the construction work with the easterly remaining street section, continuing to keep traffic one -way northbound, but on the newly- constructed street during the 2 nd phase, and c Provide additional parking along 6 th and 11 streets Regarding a couple of other details, the project team discussed bike racks and trash receptacles Bike racks will be located near each bus stop We need to check with bike clubs and others to determine the specific design We need to determine the type of trash receptacles and how they will be maintained The project team reviewed all of the public input received, provided in the form of 40 questions, below These answers that follow essentially constitute the Public Works Department's instructions to the Consultant regarding each question /issue 1) Parking issue in general people were concerned there would not be as much parking when the project was completed The current design does retain all off - street parking and all accesses that are currently there will be retained Should the City consider/ evaluate angle parking and larger bulbouts to accommodate that, on one side or the other? Is there room? a We have included angle -in parking in front of the post office This appears to gain 1 parking slot overall (from 4 to 5) And there is room for one ADA slot included with the 5 A downside of this design is that it squeezes the sidewalk in front of the Post Office down to about 6 feet This is not optimal (at least 10 feet is needed for a pedestrian - friendly design) but should work OK in front of the post office as there will be a larger corner bulb -out 2) Parking issue more specifically people were concerned about parking for the apartments at the north end of the project Are we maintaining the off - street parking that is already there? What, if anything, can be done to create more parking in this area? a As stated above, after the project is complete, there will be more on- street parking spaces north of 9 th street, off of the southbound lane 3) Parking during the project would it be possible to provide the City lot at the corner of Pacific and 11 for temporary parking as the project is being constructed? Also, some of the commercial properties along Pacific may be willing to provide some additional parking during the project We need to check with them a We do not plan to create a parking lot on the City's parcel at the SW corner of Pacific and 11 However, we do plan to create a number of parallel parking slots on both 11 Street and 6 th Street, primarily between Pacific Avenue and Park Avenue Stay tuned for more information about this plan, which we hope to implement in the April -May time frame Also we are still planning to check with at least one property owner along Pacific to see whether it might be possible to provide parking temporarily during the construction period 4) City needs to provide more parking in front of the Post Office Redesign for angle -in (current proposal is for parallel parking) a Done See response #1 above S) Consider providing some type of intuitive architectural separation between the single - family units and the apartments That might help with spillover parking from the apartment complex a We discussed this and we believe the new curbs and gutters will provide much better delineation and clearly indicate that the area is a driveway So there was no further action taken on this request 6) Will the project include some signage so that people will not park in front of driveways? a New curb /gutter /sidewalks /driveway cuts should make it clear and intuitive where the driveways are, so we don't expect parking in front of driveways will be as big of an issue when the project is completed But if this continues to be a problem, we can address as a separate action after project completion 7) Concern voiced about the dumpster at the apartment locations, north end of the project near 11 street Current situation is the dumpster is overflowing and spills trash Not very nice looking How will new project accommodate the dumpster use in this area? a The dumpster location is outside of the project limits This may be a servicing interval issue 8) How will the telephone /cable undergrounding work? a The City will coordinate with the cable and phone companies to construct conduits and function boxes for cable and phone Once the cable infrastructure is in place, the cable or phone companies will notify customers when the changeover will occur and how long service will be disrupted 9) Property owners were interested in the specific location for trees, especially on the north end where many residences have views If possible, folks would prefer their views not be blocked by large street trees a If you have a concern about tree location, please let us know soon (by March 6 Due to the cost to modify the drawings, we won't change any tree locations unless we hear from a concerned property owner 10) For the businesses water, power, cable cutovers will need to be carefully coordinated with every business Each location and each cutover for each utility constitutes a separate "mini project" within the larger project a If you are a property owner or a business with frontage on the project, please ensure you have contact information for the City's project team 11) With regard to water system replacement will the water service changeovers impact other businesses or residences in the area that are not fronting Pacific? a No 12) Issue Some folks on the north end of the project are considering putting a garage in that would access from Pacific a We have accommodated one such driveway on the plans If there are any others, we need to know by March 6th On another note, it looks like the project can work with the existing retaining walls, mostly fronting the residents on the northbound lane, north of 9 street 13) Could the project include some benches at appropriate locations? a Yes, we have added benches, preliminarily targeting 7 benches along the project The City may also have some art work which, if available, will be installed in the plaza area near 9 street The benches will be installed with the backs of the benches up against the building facades 14) Project schedule is it possible to get the project substantially completed by the end of October, 2013 a We are hoping, and that will be the plan going forward We took a hard look at the schedule and it may be possible if we can get the project out to bid within the next few weeks, and construction started on May 29 That would leave the Contractor about 100 work days to mid - October 15) Signage for businesses can the City provide signage to help people get to the businesses during various phases of the project? a Yes We will continue to work on this issue to develop the specific plan Of paramount importance don't put up a "road closed" sign And in fact, the plan is to keep Pacific Avenue open with one lane, north bound, for the entire construction period The plan is for the first phase of construction, the west 3 /4ths of the street, including the west sidewalk, will be made available to the contractor to demolish A saw cut will proceed the length of the street, leaving about an 11 -foot paved lane on the west side of the street, and the west side sidewalk The one -way designation will be northbound During this period, the side streets (7th, 8th, and 9th) will remain open but will be dead -ended at Pacific During the first phase, all subsurface sewer, water, electrical, and other subsurface work will be completed, along with the sidewalk and two lifts of asphalt (the project calls for three lifts) Traffic will then be shifted to the reconstructed west side of the street (traffic will still be routed one -way northbound) while work shifts to the east side 7 th , 8th, and 9 street connections to Pacific will be opened back up Although some detail work may remain over the winter of 2013 -2014, the goal is to have the project substantially completed by the end of October Note that one important modification in this plan is to leave the existing pavement in place during the first phase of construction This means that vehicular traffic will always be using a paved surface, not gravel However, the sidewalks will be gravel during their respective construction intervals The contractor will be required to maintain ADA compliance 16) Concerned about the durability of the pervious paving being used in the drive lanes of the heavily used Pacific Ave If it is not used then a Where would the break between the two paving materials fall? The bulb outs extend out different distances (11', 13'& 14') and finding a good and uniform location for the break would be difficult This break would define the drive lanes Answer we have cut back the amount of pervious pavement in the project, limiting it primarily to the parking areas, with more on the east side of the street than the west side This change also enables some of the complexity, such as subsurface check dams, to be simplified b Would installing pervious paving dust along the parking areas really make this a low impact project? Would the costs outweigh the benefits of such small amount of infiltration? Answer yes, pervious pavement in the parking areas only, still provides significant infiltration We have also cut back on some of the less effective rain gardens (see below) 17) Will having pervious paving and water infiltration along the portion of the street in front of the Red Cross properties create a problem with water saturation along their retaining wall at the R/O property line? a Possibly This is a concern Therefore, we will not install pervious pavement near some of the structures on the west side of the street 18) How does the 6 storm water planters (rain gardens) on the east side of the street really work since they are on the uphill side of the street and storm water from the street flows away from the curb? Where would the water come from? Does their cost outweigh their benefit? a We have converted these rain garden planters into standard planters 19) Might it speed up the project, lower the project cost, provide better working conditions, and in the end provide a better project if Pacific Ave was dust closed to through traffic during construction (except local access)? Diverting through traffic and the bus routes along Park Ave & up 6 th St would work Providing temporary adjustable /re- locatable access to properties along Pacific might serve them better a See the project sequencing discussion in question 15 above We did consider a block -by -block approach, but due to the extensive underground utility work, determined that it would be much faster to provide the entire west side of the street to the contractor in the first phase of construction The key is to provide continuous access even though the street will be under construction, and also ensure residents, customers and suppliers feel comfortable using the street And we don't want to use the word "closed," since we intend to keep the street open With regard to the bus routes we met with Kitsap Transit and it will be necessary to modify the bus routes We are looking at bus stops on both 6 th and 11 within half a block of Pacific, as well as the existing stop on Washington near the Manette bridge After the project is completed, there will be four stops on Pacific —two on the west side and two on the east side 20) The sidewalk and planting area in front of the Post Office should be thought of as a plaza, much as the area in front of the old fire station Public buildings / public spaces There should also be some HC spaces there also Whether this building remains a Post Office or not, it is still a significant building a The proposal to provide angle -in parking does not leave much room directly in front of the post office Just to the north, however, there will be some additional space protruding into the street for a bus stop, and there will be a bulbout at the NE corner of the intersection of 6 th and Pacific 21) The charging stations on the west side of the street are in the wrong location This area should be short term parking serving the Post Office Are the charging stations really needed? Should City / public money should be spent on them Is this is not something the private market place should take care of? There are quite a few private lots downtown that could provide this service a At this point, we are moving forward with a plan to include the charging station work as an additive bid item We do not yet have all the details worked out about how to pay for the charging stations The City did receive a grant to supply 4 charging stations and a $3,500 installation grant for each station This will likely not fully reimburse the cost of installing the stations, but will recoup a significant amount of the expense 22) The Pacific & 6 th intersection should be a signaled intersection They are both becoming main routes for traffic A signal provides more pedestrian safety & comfort With a 4 -way stop, pedestrians are dust a part of the stopping queue, with a signal they are given more importance This intersection should not be tabled, especially if it is also signalized a After considerable internal discussion, and input from stakeholders and the Public, we have decided to move forward with removing the signals and including the tables on the intersections The two actions go together Once the determination is made to remove the signals (which saves money and is consistent with the results of the traffic study), then the tables make the intersections more visible to motorists and therefore safer to pedestrians The traffic study indicates that even in 2033, the intersections at 6 th and 11 do not meet warrants for signal installation But there is more to this decision than the strictly technical analysis At issue is the future look and feel of the downtown area, its pedestrian friendliness and walkability, and the ease of the connection between the downtown area and the City's Evergreen park, a relatively easy 10 -block walk from the downtown While there is no doubt the intersections at both 6 th and 11 will be very busy during rush hour, the 4 -way stop control essentially prioritizes pedestrians and works very well, especially for the 23 hours per day and weekends outside of the rush hour window 23) Water & Sewer connections should be sized to account for future development without having to tear up the new street Pervious paving and its subgrade is harder to patch than regular concrete The Downtown Sub -Area Plan calls for much higher density along Pacific Any new construction would call for greater than 1" water lines and would more than likely need to have service for fire sprinklers a We are, in general, putting in larger water service laterals than currently exist There are already several water sprinkler system laterals installed We have techniques for installing larger laterals should new development require additional fire flow Of course, the water mains will be able to accommodate fire flow for future development The issue is trying to guess where the larger laterals will be needed Since, in the opinion of our staff, we usually guess wrong, and it costs money to install a more complex water system with components that may never be used, we will upsize the system generally, but wait on specific needs to provide fire flow for future development 24) Is an underground conduit being installed for future fiber cables? It seems like any new development would want to be able to tie into the fiber network downtown a Yes There will be a point utility trench which will provide room for additional conduit The City will install a 2" conduit for its own future use 25) It seems that the project would have been better if the meandering sidewalk had been located on the west side (downhill) of the street instead of the east (uphill) side It would have allowed more storm water planters (rain gardens) and ones that actually would have storm water flow into them a We have made some changes to the sidewalk, however, in general the meandering feature remains the same, located on the east side 26) The lighted and non - lighted bollards appear to be an expensive "feature" a Concur We reviewed the location of the bollards and the locations look OK But we removed the electrical feature — so, no lights 27) 1 could not locate where the monument "Pacific Avenue" sign (4/C19) is located Is this also one of these expensive "features "? a This sign did not seem to meet any other standards set by the City We removed the sign from the project 28) If stamped /colored concrete is uses instead of the bricks, the color should be a pleasing brick color The red color that was used in the new islands at 16 & Warren are an off and unpleasing and cheap looking color Mock up should be included for approval a Consultant has heard this complaint and this is an important detail The problem in general with colored concrete is that it fades in time The plan going forward is to retain a good portion of the originally - envisioned work with real bricks on the walking surfaces, however, the intersection crosswalks at 6 th and 11 will be delineated with stamped concrete, for added durability 29) The 16" wide pavers walking strip along the curb (B/C16) is too narrow when located next to a planting strip, 24" wide works much better (see the new paver walking strip along the 1300 block of Broadway Ave) a Concur The width is 22 inches including the curb width, and we are looking at increasing this total width to 28 inches 30) Please do not skimp on the installed tree sizes a Trees are specified minimum 2 inches Many are specified at 2 5 inches 31) The trash receptacles shown located at the bus shelters should be by Kitsap Transit (installed, serviced, & maintained) a We need to select the trash receptacles Currently, trash receptacles are maintained by the City's Parks Department We are assuming this arrangement will continue, but have not yet coordinated this with Parks 32) 1 did not see any mutt -mitt stations for dog - walkers Shouldn't some be provided, as people will use this route to take their dogs down to Evergreen Rotary Park? a Concur mutt -mitts should be provided We will add dispensers when the project is completed Dispensers will be affixed to existing sign poles within the project limits, at appropriate locations 33) There should be a standard method (pull -in or back -in) for non - parallel on street parking This seems to come up each time diagonal parking is proposed It seemed that with the 4th & 5 Street Project by Kiwanis Park this issue had been settled It would be nice to be consistent a We are planning on angle -in for the Post Office parcel only All other on- street parking will be parallel parking 34) The benches should be paid for by donation w/ plaques a Benches will be included as a project expense, as described in question #13 above 35) We don't like the pink concrete — if it is going to be stamped, make sure the color is better a Concur See question # 28 above 36) Can we install electrical charging stations as part of the project? a Charging stations will be included as a project additive bid item There are still details to be worked out See above 37) Conduit for future connectivity what is going in as part of the project? Can /should old water or sewer lines be kept in place for future wire runs? a The project does include conduit We are not planning to use the old water or sewer lines for future connectivity 38) Should the south part of the Pacific /6 street intersection be re- built? It already has a brick - inlaid crosswalk a It will be necessary to re -build the intersection for the tabletop feature, so unfortunately the existing brick sidewalk will need to be replaced 39) What will the street surface look like during construction Will it be gravel? Will cars be able to get through without getting stuck? a Paved See question #15 above 40) What about hedges or other plants /trees that are within the right of way? Will these remain or be taken out? Will they be re- planted? a The hedges will need to be removed, as they are in the right of way and in the footprint of the new sidewalk The hedges will need to be replaced by the property owners Proiect schedule the following schedule was outlined This is a very aggressive schedule but we believe it is possible • Thursday, February 28 additional technical followup Gunnar Fridriksson and David Dinkuhn • Friday, March 1— newsletter update (already a little late on this) • Wednesday, March 6th — submit agenda item for March 13 Council study session to discuss project traffic control plan and authorize angle -in parking at Post Office • Saturday, March 16 (weather dependent) — Warren Avenue /11 intersection work substantially complete (important to complete this work prior to systemic re- channelization of 11 and 6 in preparation for Pacific Avenue reconstruction) • Tuesday, March 12 — Discuss at Public Works Committee meeting, 4 30 p m • Wednesday, March 13 — Discuss at Council study session, 5 00 p m • Thursday, March 14 — Consultant to submit 95% design to WSDOT for review • Wednesday, March 20 — Council meeting brief traffic management concept, update project status • Wednesday, March 20 — submit agenda item for March 27 Council study session — small contract to perform channelization work and parking delineation along 6 Street and 11 Street • Wednesday, March 27 — brief the Council regarding the small contract for channelization work precedent to the larger project • Friday, March 29 — Signals on Warren Avenue at Burwell and 6 interconnection complete (important to complete this work to enable the Warren Avenue corridor to perform as designed prior to systemic re- channelization of 11 and 6 in preparation for Pacific Avenue reconstruction) • Monday, April 1 St — WSDOT approval of bid package • Monday, April 1 St — project newsletter update • Wednesday, April 3` — Council approval of 6 /11 channelization contract for traffic control • Monday, April 8 th (could be the 15 — channelization work begins • Friday, April 12 (could be the 19 — channelization work complete, signals at 6 and Pacific and 11 and Pacific changed to 4 -way red flashing • Monday, April 15 — Project advertised for bids • Wednesday, May 1 St — submit agenda item for bid award • Thursday, May 2 nd — last day for bid addendums • Monday, May 6 — bids opened • Wednesday, May 8 th — Council study session, brief Council on bidding results and expected low bidder • Wednesday, May 15 — Council authorizes bid award • Friday, May 17 — bid award • Tuesday, May 21— Public Meeting in advance of construction start • Monday, May 27 — project newsletter update • Tuesday, May 28 —contract documents /bonds returned from contractor • Wednesday, May 29 — notice to proceed / preconstruction meeting • Wednesday, May 29 — contractor mobilization on site • Monday, June 10 — Public Meeting following first few days of construction work • Monday, June 24 — Public Meeting following first few weeks of construction work • Friday, October 18— substantial completion . s ME Ai s . T IM I OKI mom F. • 1 r � f y j •� • � ' •�• y.l � � �•• '7 r • � eye _ _ __ At jillr1cm ry / / /i�►inyiiiij�I r �� / /ivir s •r�i��I�� / /�•� s'. n_ �s / / / / / / /ariiior�ririiiiiir. .i I1//jv,,O ►� �iii�rriiitiis�iiiuiiiv�I /� °' y liiiii / / /// HMO///// i��ii / / %/ / / %� % % / / %// % /%/ / % / /� // // //O v • r r _ • 24 Ott, id MUNI '6 7 TRAFFIC LANE w r v F _ 47 "E I II _ m co � vw a - � t fr � , - z,++� +. ..._`. �+ '&, :y.: ->a "� • ;. „ . qv, 4- i " .,�y : "tIR� Y.._ - -,: : :�i ' a_ , .:i?'.. a I , , - lY�I �� � i� , ..:. ,..., ., ,,.. .., 3 .,... .y �, .rri, '� 3a '��� ■� - .;Wl ;:�:- .'n� t+t ��� ..�1 1'!iif aYe$� il►' t _.r . ` r fY.. � ._... ,. ✓E R . gr �. r' r K Y ow R CITY OF BREMERTON - PACIFIC AVENUE 6th STREET to 11th STREET - PRELIMINARY PLAN Al Kl- s ate i �' ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 MARCH 13, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the March 20, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Resolution amending "Municipal Court - Rate Table B"; and reestablishing fees, fines and penalties regarding parking and related matters (Completed discussion February 27, 2013...) 2. Purchase of four (4) 2013 Chevrolet Malibu Police Vehicles through State Contract No. 04306 3. Purchase of 2008 Crafco Supershot 125D Crack Sealer from Partner Construction Products 4. Ordinance to repeal Ordinance No. 5089; and adopt a Resolution relating to new Standards for Indigent Defense 5. Acceptance of $15,000 Grant from the Washington State Office of Public Defense 6. Annual Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton and South Kitsap Fire & Rescue (SKFR) 7. Ordinance amending Chapter 9A.32 entitled "Assault" and Chapter 9A.44 entitled "Public Disturbances" of the Bremerton Municipal Code (BMC) 8. Ordinance amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code relating to stormwater 9. Resolution No. approving Pacific Avenue Head-In Angle Parking adjacent to the Downtown Post Office B. FULL DISCUSSION ITEMS 10. Update on Pacific Avenue Reconstruction Project (Information only...) 11. Ordinance repealing Chapters 10.10 entitled "Restricted Parking Zones" and 10.11 entitled "Parking Enforcement"; establishing a new Chapter 10.10 entitled "Parking Code"; and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) (To continue discussion from February 27, 2013...) C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing – Adam Brockus, Chair 2. General Council Reports and other General Council Business (As necessary…) D. ADJOURN STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. _____ amending and reestablishing fees, fines and penalties regarding parking and related matters Study Session Date: February 27, 2013 & March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Clerk Presenter: Shannon Corin Phone: 360-473-5323 SUMMARY: A review of the current fines and penalties for parking infractions was done by the Municipal Court, City Clerk, Legal and Impark. Administration proposes the changes to simplify the parking fine structure and be comparable to other jurisdictions. ATTACHMENTS: Resolution No. ___ FISCAL IMPACTS (Include Budgeted Amount): An estimated $8,000 increase to the Parking Fund revenue for 2013 STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _____ amending and reestablishing fees, fines and penalties regarding parking and related matters. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 2013 Rates and Fees - Table B RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, amending and reestablishing fees, fines and penalties regarding parking and related matters. WHEREAS, the City Council desires to amend and reestablish the fees, fines and penalties regarding to parking and related matters set forth in the Municipal Court - Rate Table B as established by Resolution No. 3168; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Rate Table amended. Fees, fines and penalties set forth in Municipal Court - Rate Table B as established by Resolution No. 3168 are hereby amended and reestablished herein by this Resolution as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. Effective Date of Sections 1. The amendment and restatement of fees, fines and penalties set forth in Section 1 above shall be effective _________, 2013. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table B.doc 2 2013 Rates and Fees - Table B MUNICIPAL COURT – RATE TABLE B All Rates Listed Are "Not To Exceed" Fees B. Municipal Court RATE 1. HEARING EXAMINER APPEAL $65 2. PARKING PENALTIES Overtime or Reparking or Non-Payment in Collection Devices: 1st Violation in 30 Days $25 2nd Violation in 30 Days $3250 3rd Violation in 30 Days $56100 Non-Payment in Collection Devices $25 Loading Zones $1725 No Parking $45 Wrong Way $45 Parked on Sidewalk $5645 Fire Hydrant $45 12" From Curb $1025 Physically Disabled (Public and Private) $250450 Counterfeiting or User of Counterfeit Permits, Tokens or Script $500 Unauthorized Use of Permits $150250 All Other Infractions Not Specified Above $27 Replacement of parking permit $10.00 Blocked Driveway $45.00 Expired Tabs $45.00 30 Foot to Stop Sign $45.00 Double Parked $45.00 No Stopping/No Standing $45.00 3 2013 Rates and Fees - Table B Parking Capacity Survey $250.00 All parking infractions set forth in Chapter 10.10 BMC not identified above $27.0030 3. TRAFFIC PENALTIES Inattentive Driving $124.00 4. RESIDENTIAL PARKING PERMITS Each additional permit above two per dwelling unit $100 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of four 2013 Chevrolet Malibu staff cars for Police Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: ERR Presenter: Jim Orton Phone: x 5359 SUMMARY: The approved 2013 budget for Equipment Repair & Replacement (ERR) includes replacement of five (5) staff/detective cars. It is the intent of the Police Department and ERR to replace four (4) this year and keep the fifth car at least one more year. Requested is authorization to purchase four (4) 2013 Chevrolet Malibu’s utilizing State Contract No. 04306 for a total cost of $72,710.40 including Washington state sales tax. The authorized State contract dealer is Bud Clary Auto Dealerships of Longview Washington. ATTACHMENTS: Purchase of four Chevrolet Malibu staff cars for Police FISCAL IMPACTS (Include Budgeted Amount): The replacement vehicles are budgeted for replacement. The 2013 Vehicle Replacement budget is $384,000. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of four (4) 2013 Malibu’s Police Vehicles for Staff/Detectives through the State of Washington Contract No. 04306 in the amount of $72,710.40 including Washington state sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Public Works & Utilities Presenter: Jim Orton Phone: X5359 SUMMARY: In 2013 the Street Department will begin scheduled repair work utilizing Transportation Benefit District (TBD) funds. The majority of the work that City crews will be undertaking is a crack sealing/Raised Pavement Markers (RPM) replacement program. In order to accomplish this task the Street department will require a crack sealing machine. A request for quotes was sent out for a used machine and two quotes were received (see attached). The Street Department requests authorization to purchase a 2008 Crafco Supershot 125D from Partner Construction Products of Seattle WA in the amount of $27,293.35 including Washington State sale tax. ATTACHMENTS: Bids from Partner Construction and from J&K Associates FISCAL IMPACTS (Include Budgeted Amount): This is not a budgeted item in the 2013 budget. Funding will come from the Street Fund, with a category budget adjustment to follow later this year. This purchase will not require a budget increase in the Street Expense Fund. Reimbursement to the Street Fund for this purchase will come from the Transportation Benefit District, at a rate and over a time period to be determined, as the machine is used to perform Transportation Benefit District work. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products of Seattle WA in the amount of $27,293.35 including WA state sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ and Resolution No. ______ relating to standards for indigent defense. Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: Ordinance 5089 was passed in 2009 to formally adopt Public Defense Standards. On June 15, 2012, the Supreme Court issued New Standards for Indigent Defense and Certification Compliance. These new standards were taken into consideration when the new public defense contract was entered into in November 2012. Bremerton is currently in compliance with these new standards. Ordinance 5089 is being repealed and the new standards are being adopted by resolution. . ATTACHMENTS: Ordinance No. __________ repealing Ordinance No. 5089 and Resolution No. ___________ with attached Supreme Court Order relating to new standards for indigent defense. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: 1) Move to pass Ordinance No. _______ repealing Ordinance No. 5089. 2) Move to adopt Resolution No. _______ adopting new standards for indigent defense. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Repealing Ordinance No. 5089 Related to Public Defense Services ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No. 5089 relating to standards for the delivery of public defense services. WHEREAS, new standards for the delivery of public defense services are being adopted by Resolution; and WHEREAS, prior to adoption of new public defense standards, the current standards adopted by Ordinance No. 5089 need to be repealed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5089 of the Bremerton Municipal Code relating to standards for the delivery of public defense services is hereby repealed in its entirety. SECTION 2. Severability. If any one 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 3. Effective 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor 2 Repealing Ordinance No. 5089 Related to Public Defense Services ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\legal\Repealing Ordinance No. 5089-Standards for Delivery of Public Defense Services.doc 1 Standards for Delivery of Public Defense Services RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting new standards for the delivery of public defense services. WHEREAS, RCW 10.101.030 requires the City of Bremerton to adopt standards for the delivery of public defense services for indigent persons; and WHEREAS, the City Council desires to adopt new updated public defense service standards; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adoption. To ensure that indigent criminal defendants receive high-quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel, the City hereby adopts the standards for delivery of public defense services for indigent persons issued by the Supreme Court of Washington Order No. 25700-A-1004 incorporated herein as Attachment A. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney R:\Legal\Legal\Resolutions\Legal\Public Defense Standards (2013).doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Office of Public Defense Grant Acceptance – 2013 Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $15,000.00. The funds are intended to be used for improving the quality of public defense services, including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads, and complying with the new Supreme Court Public Defense Standards. ATTACHMENTS: Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for $15,000 to be used directly for public defense in the City of Bremerton Municipal Court. The funds will be fully expended as part of the 2013 Public Defense Contract. There are no matching funds needed. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the grant from the Office of Public Defense in the amount of $15,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton and South Kitsap Fire & Rescue Study Session Date: 3-13-13 COUNCIL MEETING Date: 3-20-13 Department: Fire Presenter: Al Duke, Fire Chief Phone: 473-5380 SUMMARY: This is a three way agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue to provide one fire engine with Firefighter and one Firefighter/EMT as a minimum. This agreement has been on-going for a number of years. The Race Handlers Association will reimburse the City at the actual cost. The Fire Department shall hire individuals on overtime to cover the event and not take away from the on-duty staffing. ATTACHMENTS: Agreement for Basic Life Support Services between Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue. FISCAL IMPACTS (Include Budgeted Amount): A budget adjustment will need to made at the end of the contract, but will be cost neutral. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: RECOMMENDED MOTION: Move to approve the Basic Life Support Agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. STUDY SESSION ACTION: Consent Agenda General Business Public Hearing COUNCIL PRESIDENT: COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/2011 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 1 of 7 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Municipal Corporation, hereinafter referred to as the “DISTRICT”, the City of Bremerton Fire Department, a Washington State Municipal Corporation, hereinafter referred to as “CITY,” and HANDLERS RACING ASSOCIATION, a Washington nonprofit corporation, and the principals in HANDLERS RACING ASSOCIATION, namely GORDON HOWELL and BARBARA HOWELL, husband and wife. HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as “ASSOCIATION,” and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2013, and concluding in October 2013. The scheduled race dates are set forth as follows: April 5 May 3 June 1 July 5 August 16 September 20 October 11 April 6 May 4 June 2 July 6 August 17 September 21 October 12 April 7 May 5 June 3 July 7 August 18 September 22 October 13 April 26 May 10 June 14 July 12 August 23 September 27 April 27 May 11 June 15 July 13 August 24 September 28 April 28 May 12 June 16 July 14 August 25 September 29 May 31 June 28 July 19 June 29 July 20 June 30 July 21 These said dates will hereinafter be referred to simply as “race dates”. The CITY and the DISTRICT, through their career firefighters have agreed to provide the services hereinafter set forth on the race dates. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 2 of 7 Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Services provided. The CITY and DISTRICT, through their career firefighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter/EMT, at a minimum, on each race date indicated herein. CITY and DISTRICT personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The CITY and DISTRICT will coordinate staffing and equipment for each event. The fire truck and firefighters will be prepared to provide immediate fire protection. The response goal of the CITY’s and DISTRICT’s resources is estimated to be approximately 60 seconds from notification of incident. It is expressly understood the response services will be provided in a safe manner according to CITY and DISTRICT standard operating procedures. CITY and DISTRICT personnel will also have the ability to request additional personnel and resources as required. Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY and/or DISTRICT on any race date, which conditions require the services of the equipment and personnel covered by this Agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY and/or DISTRICT personnel and equipment, a representative of the CITY and/or DISTRICT shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674-2280. Service times. On Friday race dates, the services provided by the CITY and DISTRICT shall commence at 4:00 PM and shall end at approximately 9:00 PM. The May 31 race and the June 28 race events shall begin at 11:00 AM. On the race dates falling on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and shall cease at approximately 6:00 PM. On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and end at approximately 7:00 PM. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 3 of 7 2. Compensation. For each race date event on which the CITY and DISTRICT provides the service identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the District’s actual staff overtime cost plus $250 per weekend for equipment usage and fuel. Compensation checks will be made payable to “South Kitsap Fire & Rescue,” and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an invoice from the DISTRICT office. The CITY shall provide the DISTRICT its actual overtime staffing costs within 5 days of each event for which the City provides staffing and is entitled to compensation. PROVIDED, HOWEVER, if the CITY and/or the DISTRICT representatives appear at a race event to provide the services called for herein, and if the races that day are canceled for any reason, or rained out, compensation shall be paid to the DISTRICT at a minimum of 2 hours. 3. Orientation by ASSOCIATION. From time-to-time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT personnel who are new to the facility to familiarize themselves with the different types of race cars and their characteristics and the services they may be called upon to provide. On March 16, and March 30, from 10:00 AM to 3:00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot. CITY and DISTRICT personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 4. Location of CITY and DISTRICT personnel and equipment on race dates. On each race date, the ASSOCIATION shall provide a safe area for the CITY and DISTRICT equipment to be located and their respective personnel to observe rate events. The ASSOCIATION shall also provide to the CITY and DISTRICT personnel, and their equipment, an immediate response route to access racing equipment and spectators. 5. ASSOCIATION representative. An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY and DISTRICT services are provided, to meet with CITY and DISTRICT personnel to answer any questions and address any concerns CITY and DISTRICT personnel may 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 4 of 7 have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel. 6. Insurance coverage. Prior to the commencement of CITY and DISTRICT services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY and DISTRICT’s insurance representative, a copy of the ASSOCIATION’s insurance policy covering race day events, which policy shall provide acceptable coverage for: CITY and DISTRICT property damaged at any race day event; liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel; liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel; and coverage for any injuries occurring to CITY and DISTRICT personnel. Prior to commencement of the CITY and DISTRICT services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY and DISTRICT insurance representatives, to their mutual satisfaction. The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing the CITY and DISTRICT thirty (30) days advance written notice. 7. Hold harmless. In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify, and hold the CITY and DISTRICT, their personnel, and CITY and DISTRICT representatives, harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and DISTRICT, their personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, their personnel and equipment at such events. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ASSOCIATION'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 8. Termination. This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the last 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 5 of 7 race date event on October 13, 2013. Provided, however, and notwithstanding anything to the contrary herein, any party may terminate this Agreement and the services and obligations contained herein by providing the other parties with advance written notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at 2219 SW Pine Road, Port Orchard, WA 98367, and to the City of Bremerton Department at 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 9. Cooperation of the parties. The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 10. Complete Agreement. This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 11. Legal action. In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, the prevailing party(s) in any such action shall be entitled to receive from the losing party(s) its/their reasonable attorney fees and costs involved in the action. The venue for any such action shall lie in Kitsap County, Washington. 12. Authority to sign. The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to the terms thereof. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 6 of 7 HANDLERS RACING ASSOCIATION: Date of signing:___________, 2013 by:_______________________ by: ________________________ GORDON E. HOWELL BARBARA F. HOWELL President Secretary/Treasurer PRINCIPALS IN ASSOCIATION: Date of signing:__________, 2013 by:_______________________ by:________________________ GORDON E. HOWELL BARBARA F. HOWELL 2219 SW Pine Road 2219 SW Pine Road Port Orchard, WA 98367 Port Orchard, WA 98367 (360) 340-4463 (360) 340-4463 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 7 of 7 CITY OF BREMERTON: Date of signing:__________, 2013 ___________________________ By:________________________ Its:________________________ Approved as to form: Attest: :__________________________ ___________________________ ROGER LUBOVICH SHANNON CORIN City Attorney City Clerk South Kitsap Fire & Rescue Date of signing:___________, 2013 By:________________________ by:__________________________ PAUL GOLNIK, Board Chair DUSTY WILEY, Board Vice Chair By:________________________ by:__________________________ GERALD PREUSS, Commissioner DAVE GELSLEICHTER, Commissioner By:________________________ by:__________________________ WAYNE SENTER, Fire Chief RICHARD GROSS, District Secretary AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ____ amending Chapter 9A.32 and Chapter 9A.44 of the Bremerton Municipal Code. Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Attorney’s Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends Chapter 9A.32 by adding language relating to cyberstalking and further amends Chapter 9A.44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ amending Chapter 9A.32 of the Bremerton Municipal Code entitled “Assault” and amending Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Criminal Code Update 2013 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.32 of the Bremerton Municipal Code entitled “Assault” and amending Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances.” WHEREAS, the City Council desires to amend Chapter 9A.32 of the Bremerton Municipal Code to add language relating to cyberstalking and further to amend Chapter 9A.44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A.32 of the Bremerton Municipal Code entitled "Assault" is hereby amended to read as follows: CHAPTER 9A.32 ASSAULT 9A.32.010 ASSAULT. RCW 9A.36.041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A.36.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.030 COERCION. RCW 9A.36.070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.050 HARASSMENT. RCW 9A.46.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.61.230 Defined. RCW 9.61.240 Permitting telephone to be used. RCW 9.61.250 Offense where deemed committed. 2 Criminal Code Update 2013 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10.99 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and Chapters 10.14 and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A.46.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.110 STALKING. RCW 9A.46.110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.42.005 Findings and intent - Christian Science treatment - Rules of evidence. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.037 Criminal mistreatment in the fourth degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree - Exception. RCW 9A.42.090 Abandonment of a dependent person - Defense. RCW 9A.42.110 Leaving a child in the care of a sex offender. 3 Criminal Code Update 2013 9A.32.130 SEXUAL MOTIVATION. RCW 9.94A.835, entitled "Special allegation - Sexual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.140 CYBERSTALKING. RCW 9.61.260, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 2. Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances” is hereby amended to read as follows: CHAPTER 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context otherwise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides. (b) ”Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) Unreasonably disrupts" means to substantially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. 9A.44.020 DISORDERLY CONDUCT. RCW 9A.84.030 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or 4 Criminal Code Update 2013 (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton- Manette and Warren Avenue Bridges. 9A.44.060 UNLAWFUL BUS TRANSIT CONDUCT. RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she: (1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette; or (2) Discards litter other than in designated receptacles; or (3) Plays any radio, recorder, or other sound-producing equipment, except that nothing herein shall prohibit use of such equipment when connected to earphones that limit the sound to the individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle; or (4) Spits or expectorates; or (5) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. (b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which: (1) is capable of being moved within, upon, above or below a public highway; (2) is owned or operated by the Kitsap County Public Transit Authority; and (3) is used for the purpose of carrying passengers, together with incidental baggage and freight, on a regular schedule. 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). 9A.44.070 LEWD CONDUCTINDECENT EXPOSURE. RCW 9A.88.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (a) (1) A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control. (b) "Lewd act" means: (1) Public exposure of one’s genitals, buttocks, or any portion of the female breast below the top of the areola; or (2) Public touching, caressing or fondling of the genitals or female breast; or (3) Public masturbation; or 5 Criminal Code Update 2013 (4) Public sexual intercourse. (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (d) This chapter shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are not obscene; (2) Classes, seminars and lectures held for scientific or education purposes; (3) Exhibitions or dances which are not obscene. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full.) 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section: (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (3) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor. 9A.44.110 LASERS. Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 6 Criminal Code Update 2013 SECTION 3. Severability. If any one 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. Effective 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\legal\Chapter 9A Criminal Code update 2013.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code relating to stormwater Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Public Works & Utilities Presenter: Chal Martin Phone: 473-5758 SUMMARY: This Ordinance updates the provisions of Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and updates definitions set forth in Chapter 15.01 of the Bremerton Municipal Code and makes related changes. ATTACHMENTS: Staff Summary and Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ amending Chapter 15.01 and Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and making other related changes. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 BMC Title 15.01 and 15.04 Update Background Information for City Council Study Session In January 2007, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit to the City of Bremerton. This Permit regulates discharges from Small Municipal Separate Storm Sewers (MS4s) in Western Washington in compliance with:  State of Washington Water Pollution Control Law, Chapter 90.48 Revised Code of Washington  Federal Water Pollution Control Act Title 33 United States Code, Section 1251 et seq.  The National Pollutant Discharge Elimination System, 40 CFR.122 EPA Administered Permit Programs The Stormwater Permit is very specific in defining the requirements for compliance. The Permit is issued to the City of Bremerton and applies to all City activities with compliance oversight and reporting from Public W ork & Utilities. The City of Bremerton is required to have regulatory authority to carry out the provisions of the Stormwater Permit and covers:  Illicit Discharge Detection and Elimination  Controlling Runoff from New Development, Redevelopment and Construction Sites  Pollution Prevention and Operation and Maintenance for Municipal Operations Title 15.01 and 15.04 updates provide the City with regulatory tools needed to comply with the Stormwater Permit requirements by: 1) Adopting the following manuals and standards for development and O&M:  “Washington State Stormwater Guidance Manual for Western Washington” (SWMMWW) by Department of Ecology  “Low Impact Development Guidance Manuals” (LID)  “Kitsap County Stormwater Management Manual”  “City of Bremerton Standards of Work in the Rights-of-Way”  “City of Bremerton Engineering Design and Construction Standards” 2) Providing regulatory support to develop and implement policies and procedures to meet requirements of the Stormwater Permit. Specific language is required to be in Bremerton’s municipal code or included by reference to:  Provide framework for development permitting and review process  Promote and allow the use of LID for stormwater control  Provide authority for inspection of stormwater facilities, monitoring and escalated enforcement, if needed, to comply with permit requirements 1 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the stormwater provisions of Chapter 15.04 of the Bremerton Municipal Code and the definitions set forth in Chapter 15.01 of the Bremerton Municipal Code. WHEREAS, the City Council desires to update the provisions of Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and to update the definitions set forth in Chapter 15.01 of the Bremerton Municipal Code and make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01 of the Bremerton Municipal Code entitled “General Provisions“ is hereby amended to add a new section as follows: 15.01.015 STANDARD UPDATES The Public Works Director or designee is authorized to update and revise all Standards in this title as deemed appropriate. SECTION 2. Section 15.01.020 of the Bremerton Municipal Code entitled “Definitions” is hereby repealed in its entirety and a new section, Section 15.01.020 entitled “Definitions” is hereby created to read as follows: 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) (1) "Average daily" shall mean the total quantity divided by the number of days of waste or storm water discharge or water use by the typical user in a user class. (2) "As-graded" means the extent of surface conditions on completion of grading. (b) (1) "Backflow" shall mean the flow other than in the intended direction of flow of water or any foreign liquids, gases, or substances into the distribution system of the public water supply. (2) "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. (3) "Basin plan" means a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and storm water management facilities and features within individual subbasins. (4) "Best management practice" or "BMP" means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Washington State Department of Ecology. BMPs are listed and described in the Manual. 2 (5) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade. (c) (1) "Clearing" means the destruction and removal of vegetation by manual, technical, or chemical methods. (2) "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, land, right-of-way, debt service, and other costs associated with such improvements. (3) "C.F." shall mean cubic feet of measure. (4) "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water. (5) "Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. (6) "Commercial unit" shall mean a parcel of property which is developed for nonresidential purposes. (7) "Connection fee" shall mean charges made for connection to the utility system. The connection fee will include the costs of tapping the water main, sewer or stormwater system, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. (8) "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. (9) "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. (10) "Critical areas" means as defined in the City's Critical Areas Ordinances, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems. (11) "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. (d) (1) "Department" shall mean the Department of Public Works and Utilities. (2) "Design storm" means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical 3 storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.) (3) "Detention" means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage. (4) "Detention facility" means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. (5) "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code. (6) "Drainage basin" means a geographic and hydrologic subunit of a watershed. (e) (1) "Equivalent residential unit (ERU)" shall mean a unit of measurement to determine wastewater general facility charges and shall be based on two hundred thirty-six (236) gallons per customer day. (2) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Detachment and movement of soil or rock fragments by water, wind, ice, or gravity. (3) "Erosion and sediment control (ESC) plan" means a plan which includes control of pollution from stormwater runoff during construction. (4) "Excavation" means the mechanical removal of earth material. (5) "Existing site conditions" means: i. For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site. ii. For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means. iii. For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics. iv. For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. (6) "Extended line" shall mean a privately financed utility water, sanitary sewer or stormwater main constructed with the written approval of the Director. (f) (1) "Fill" means a deposit of earth material placed by artificial means. (2) "Frequently flooded areas" means the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. (g) (1) "Geologically hazardous areas" means areas as defined in the City's Critical Areas Ordinance and includes areas, that because of their susceptibility to erosion, 4 sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. (2) "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid by new customers to the City utility. (3) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection without pumping. (4) "Ground water" means water in a saturated zone or stratum beneath the surface of land or a surface water body. (h) (1) "H.C.F." shall mean hundred cubic feet of measure. (2) "Health officer" shall mean the Bremerton/Kitsap County Health Department's Health Officer. (i) (1) "Impervious surface" means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (2) "Impervious surface unit" shall mean a configuration or conglomeration of impervious surface estimated to contribute an amount of runoff to the City's stormwater drainage system which is approximately equal to that created by the average single- family residential parcel. One (1) impervious surface unit (ISU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. For purposes of computation of rates and charges, only whole impervious units are considered; fractions are truncated (not rounded up). (3) "Improper stormwater inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. (i) "Roof drains" shall mean any roof drain, downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. (ii) "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc. (iii) "Driveway drain" means a drain typically located below street grade at the bottom of a sloped driveway. (iv) "Sump pump" means a pump that conveys ground water or stormwater runoff to a sewer system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the sanitary sewer system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint to the sanitary sewer system is required to be connected to the sanitary sewer system. (Kitsap County Health Department code requires sump pumps located within the foundation 5 footprint to be connected to the sanitary sewer system. This is due to the high potential for contamination of relatively clean ground water by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater sewer system.) (4) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. (5) "Industrial user" shall mean a business or other nonresidential property having a wastewater discharge in which the sum of BOD and TSS strength is between one thousand two hundred (1,200) and one thousand eight hundred (1,800) milligrams per liter. (6) "Infiltration" shall mean ground water entering the sanitary sewer or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. (7) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. (l) (1) "Lateral sewer" shall mean a sanitary sewer not less than six (6) inches in diameter, constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current utility standards. (m) (1) "Mainline sewer." See trunk sewer. (2) "Manual." See Stormwater Management Manual. (3) "Misuse of individual grinder pumps" means activity by the occupant of a residence that causes damage to the grinder pump or appurtenances. Such activities include, but are not limited to, discharging harmful substances into the grinder pump such as toys, diapers or construction materials; attempting to make unauthorized repairs; or driving over the grinder pump tank or appurtenances, causing damage. The Director has the discretion to determine whether or not an occupant's activities caused such damage. (4) "Mitigation" means, in the following order of preference: i. Avoiding the impact altogether by not taking a certain action or part of an action; ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; iii. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; iv. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and v. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments. (5) "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. (n) (1) "Natural location" means the location of those channels, swales, and other non-manmade conveyance systems as defined by topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. (2) "New development" means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV – general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as 6 defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. (o) (1) "O & M costs" (operation and maintenance) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. (2) "Occupied property" shall mean real property on which a structure exists that is being served by an existing or temporary utility facility. (p) (1) "Permanent stormwater quality control (PSQC) plan" means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. (2) "Pollution" means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (3) "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. (4) "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. (5) "Pretreatment" shall mean any physical, chemical, or biological process to remove, neutralize, or modify one or more constituents of a waste stream prior to discharge into the public sewers. (r) (1) "Redevelopment" means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment. (2) "Regional retention/detention system" means a stormwater quantity control structure designed to correct existing or predicted excess surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a drainage basin. (3) "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system. (4) "Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater drainage system. (s) (1) "Sanitary sewer" shall mean only those portions of the utility system which are designated by the Director to carry, transport, or dispose of waste matter not constituting storm or surface water permitted by or under this Code to enter the sewer system. 7 (2) "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. (3) "Sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. (4) "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. (5) "Site" means the portion of a piece of property which is directly subject to development. (6) "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. (7) "Source control BMP" means a BMP that is intended to prevent pollutants for entering stormwater. Examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, oil water separation devices, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (8) "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. (9) "Standard sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines identified by the Director as a waterfront or pressure sewer line. (10) "Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight inches in diameter and constructed in accordance with current utility standards. (11) "Standard stormwater line" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current utility standards. (12) "Standard water main" shall mean a water distribution line not less than eight (8) inches in diameter and constructed in accordance with current Utility standards. (13) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. (14) "Stormwater drainage system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. (15) "Stormwater facility" means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street 8 gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. (16) "Stormwater Management Manual" or "Manual" means the Manual adopted by reference by the City which may include excerpts from the King County Stormwater Design Manual (November 1992) and such other standards of the City incorporated in the "System Development and Construction Standards Manual." (17) "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. (t) (1) "TSS" (denoting total suspended solids) shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. (u) (1) "Undeveloped parcels" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. (2) "Unoccupied parcel" shall mean real property on which no structure requiring utility service exists. (3) "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. (4) "User parcel" shall mean any parcel of land within the utility service area to which water, sewer, or stormwater service is currently provided or to which a charge is imposed therefor, or any other of land with any significant man-made impervious surface. (5) "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. (v) (1) "Verified strength user" shall mean any user whose wastewater exceeds the strength limits of the industrial user class or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w) (1) "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." (2) "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization. (3) "Water system" shall mean all facilities for treatment, transmission and distribution of water. (4) "Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. (5) "Wetlands" means those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: “Active Account” shall mean an account that has current usage, billing and payment activity. 9 “Active Water Service” shall mean that the water meter for the service location has registered consumption. “AKART” shall mean All Known, Available, and Reasonable methods of prevention, control, and Treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520. "As-graded" shall mean the extent of surface conditions on completion of grading. "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. “Bulkhead” shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. "Cubic feet” (CF) shall mean cubic feet of measure. “Caliper” shall mean the diameter of any tree trunk as measured at a height of four feet above the ground on the upslope side of the tree. "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of- way, debt service, and other costs associated with such improvements. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. “Clearing and Grading Permit” shall mean the written approval of the City of Bremerton building inspector to proceed with the act of clearing property within the city limits of Bremerton. The Clearing and Grading Permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. “Commercial I” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than 201 mg/l. “Commercial II” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 401 to 600 mg/l. “Commercial III” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 201 to 400 mg/l. The commercial III user shall have some form of pre-treatment in place to reduce the discharge strength. The user must have an appropriately sized, properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. “Commercial business with living units” shall mean a business with residential living units attached; the utility rates will be based on the business type. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. 10 “Commercial Special” shall mean any user whose business or non-residential wastewater discharge whose Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD) exceeds 601 mg/l. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City’s cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. “Condo” shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. “Creek” shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. “Critical area” shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and BMC 20.14. "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water suppl y as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections. “Deactivated meters” shall mean utility accounts where the customer request that water and wastewater services and billing be suspended. The customer will not be billed for water or wastewater services but shall be billed for stormwater services. “Degradation” shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. “Development” shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. 11 “Development area” shall mean an area where the movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography occurs as a result of an applicant’s development plans. “Developed lot” shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other water-body. “Drainage plan” shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site. “Drip line of a tree” shall mean a line projected to the ground delineating the outermost extent of foliage in all directions. “Dry season” shall mean the months of May through September. “Duplex” shall mean a residential unit containing two separate dwelling units with any configuration or two dwelling units located on one parcel. “Earth” shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. “Ecology” shall mean the Washington State Department of Ecology. “Emergency” shall mean a situation demanding immediate action with threat to life, property or environment. “Engineered fill” shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of 12 inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. “Engineering Design and Construction Standards” shall mean the City of Bremerton’s Standards for Work in Rights of Way. “Equivalent Residential Unit” (ERU) shall mean a unit of measurement equivalent to an average single family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. “Existing Service” shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; 12 For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. “Expanded Service “ shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. “Force main” shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. “Fourplex” shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one parcel. "Geologically hazardous areas" shall mean areas as defined in the City's Critical Areas Ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. “Geotechnical engineer” shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "General Facilities Charges” (GFC) shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. “Grading” shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. “Ground cover” shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. “Grubbing” shall mean the act of removing vegetation by the roots. "Hundred cubic feet” (HCF) shall mean hundred cubic feet of measure. “Hard Surface” An impervious surface, a permeable pavement, or a vegetated roof. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health officer" shall mean the Kitsap Health District Health Officer or designee. “Hyperchlorinated” means water that contains more than 10mg/L chlorine. 13 “Illicit discharge” means any direct or indirect non-stormwater discharge to the city's storm drain system, except as expressly exempted by this chapter. “Illicit connection” means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. “Inactive account” shall mean an account that has no current usage, billing or payment activity. “Inactive water service” shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer’s request, shut off for non-payment, requested deactivation or the water meter has been removed for non-usage. “Industrial user” (See Commercial Special). "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. "Impervious / Hard Surface Unit” (IHSU) shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow or Improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface; "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc; "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway; and/or "Sump pump" shall mean a pump that conveys ground water or stormwater runoff to a storm system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the wastewater system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint is required to be connected to the wastewater system. (Kitsap County Health District code requires sump pumps located within the foundation footprint to be connected to the wastewater system. This is due to the potential for contamination by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater system.) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. “Lakes” shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition. 14 “Land development permit” shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. “Low Impact Development” (LID) shall mean a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. "Mainline sewer." (See trunk sewer). “Mechanical equipment” shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding 12 horsepower in size. "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. “Municipal Separate Storm Sewer System” (MS4) means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, which are; Owned or operated by the City of Bremerton; Designed or used for collecting or conveying stormwater; and Not part of a Publicly Owned Treatment Works (POTW) and not a combined sewer. “Native growth area” shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan. "Natural location" shall mean the location of those channels, swales, and other non- manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photographs, or such other historical means as appropriate. "New development" shall mean the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious and hard surfaces; Class IV – general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. 15 “Non-stormwater discharge” shall mean any discharge to the storm drain system that is not composed entirely of stormwater. “Notice of Intent for Construction Activity” means the application form for coverage under the Construction Stormwater General Permit. “Operation and maintenance costs" (O & M costs) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. “Open space” shall mean land set aside for public or private use within a development that is not built upon. “Outfall” shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the State. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e. culverts). “Partially developed lot” shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permanent Stormwater Quality Control Plan” (PSQC) shall mean a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. “Permeable” shall mean soil or other material that allows the infiltration or passage of water or other liquids. “Permeable pavement” shall mean pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. “Permit” shall mean a written legal authorization to conduct an action. “Person” shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. “Pervious Surface” shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards 16 (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule (Federal Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. “Publicly Owned Treatment Works” (POTW) shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. “Public Utilities Construction Agreement” (PUCA) shall mean an agreement between the City, the developer, and the developer’s contractor to construct utility improvements to serve a proposed development. "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. “Removal” shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. “Rockery or rock wall” shall mean one or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. “Routine landscape maintenance” shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the utility system which are designated to carry, transport, or dispose of wastewater. “Sedimentation” shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. “Siltation” shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 17 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. "Standards” shall mean the current Engineering Design and Construction Standards for the City of Bremerton. “Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Stormwater Management Manual" or "Stormwater Manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Manual for Western Washington, Kitsap County Stormwater Management Manual and the Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership and such other standards incorporated in the "Engineering Design and Construction Standards." “Stormwater Pollution Prevention Plan” (SWPPP) shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. It also means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. “Stormwater Site Plan” shall mean a comprehensive site plan and report containing all of the technical information and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelopment project for compliance with the Bremerton Municipal Code, and the Stormwater Manual. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. “Sub-basin” shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes. 18 “SWMMWW” shall mean the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington “Townhouse” shall mean a row of homes that share common walls but ownership includes the land to each individual owner. “Tree” shall mean any living woody plant characterized by one main stem or trunk and many branches and having a caliper of four inches or greater, or a multi-stemmed trunk system with a definitely formed crown. “Triplex” shall mean a multifamily residential unit containing three separate dwelling units with any configuration or three dwelling units located on one parcel. "Undeveloped parcel" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. “Uniform Plumbing Code” (UPC) shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "Undeveloped parcel" shall mean real property on which no structure requiring utility service exists or real property which has had no active service for water, wastewater or stormwater. "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefore, or any other land with any significant man-made impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. “Utility Service Agreement” (USA) shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the Utility “Utility service rates” shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the Utility infrastructure and commodity charge for usage .Based on service location, other associated rates, fees and charges may be applied to the customer’s account "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization. “Water meter” shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. "Wetlands" shall mean those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 19 “Wetponds” shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants. “Wet season” shall mean the months of October through April. SECTION 3. Chapter 15.04 of the Bremerton Municipal Code entitled “Stormwater” is hereby repealed in its entirety and a new section, Chapter 15.04 entitled “Stormwater” is hereby created to read as follows: Chapter 15.04 STORMWATER 15.04.010 PURPOSE. The ordinances codified in this section establish availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system for the collection and treatment of surface drainage. 15.04.020 COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 37.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.04.030 SERVICE AVAILABILITY. Stormwater service is considered available to all of the public and private property owners residing within the service area and drainage basins which contribute stormwater into the Utility system either through natural drainages, direct discharge to receiving water, or constructed conveyance systems as identified in the Comprehensive Plan. 15.04.040 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the City shall approve or disapprove the following activities, unless exempted in 15.04.041. (a) New Development (b) Redevelopment 15.04.041 EXEMPTIONS. Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General forest practices that are conversions from timber land to other uses, are exempt from the provisions of this Section. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this Ordinance. 20 15.04.042 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. (a) Stormwater Best Management Practices (BMPs) General: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this Section. BMPs are in the Manual. Experimental BMPs: In those instances where appropriate BMPs are not in the Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the Manual. (b) Small Parcel Minimum Requirements The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with Small Parcel Requirements 1 through 5 below, and to prepare a small parcel stormwater management plan: Individual, detached, single family residences and duplexes. Creation or addition of less than 5,000 square feet of impervious surface area. Land disturbing activities of less than one (1) acre. (1) Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads. (2) Stabilization of Denuded Areas. Soil stabilization: All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained as approved by the City. From October 1 through April 30, no soils shall remain exposed for more than 2 days. From May 1 through September 30, no soils shall remain exposed for more than 7 days. (3) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs. (4) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function. (5) Other BMPs. As required by the City, other appropriate BMPs to mitigate the effects of increased runoff shall be applied. (c) Large Development Minimum Requirements (1) New development i. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area; and/or land disturbing activity of one acre or greater, shall comply with Minimum Requirements in Sections (c)(3) through (c)(13). 21 Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan consisting of a Large Parcel ESC Plan and a PSQC Plan, as appropriate. ii. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of less than one acre, shall comply with Minimum Requirements in Sections (c)(4) through (c)(13) and the Small Parcel Minimum Requirements. Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan that includes a Small Parcel ESC Plan and PSQC Plan. This Section does not apply to the construction of individual, detached, single family residences and duplexes. Those types of new development are included in the Small Parcel Minimum Requirements. (2) Redevelopment i. Where redevelopment of 5,000 square feet or greater occurs: New development minimum requirements in Sections (c)(3) through (c)(13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. ii. In addition to the above requirements, where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable as determined by the Director, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan may be used to develop redevelopment requirements that are tailored to a specific basin. (A) Existing sites greater than 1 acre with 50% or more impervious surface. (B) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies: I. Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; II. Listed under section 304(l)(1)(A)(i), 304(l)(1)(A)(ii), or 304(l)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals; III. Listed in Washington State's Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards. (C) Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act Planning. (3) Minimum Requirement #1 -- Erosion and Sediment Control All new development and redevelopment that includes land disturbing activities of equal to or greater than one acre shall comply with erosion and Sediment Control Requirements below. Compliance with the Erosion and Sediment Control Requirements shall be demonstrated through implementation of an approved Large Parcel Erosion and Sediment Control Plan. All new development and redevelopment that includes land disturbing activities of less than 1 acre shall comply with the small parcel minimum requirements found in Section (b), above. 22 Compliance with small parcel requirements shall be demonstrated through implementation of a Small Parcel Erosion and Sediment Control Plan. The following erosion and sediment control requirements shall be met: i. Stabilization and sediment trapping. All exposed soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no soils shall remain exposed for more than 2 days. From May 1 to September 30, no soils shall remain exposed for more than 7 days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. ii. Delineate clearing and easement limits. In the field, stake and flag clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses. iii. Protection of adjacent properties. Properties adjacent to the project site shall be protected from sediment deposition. iv. Timing and stabilization of sediment trapping measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in Erosion and Sediment Control Requirement. v. Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with 3(a). vi. Controlling off-site erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site. vii. Stabilization of temporary conveyance channels and outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems. viii. Storm drain inlet protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. ix. Underground utility construction. The construction of underground utility lines shall be subject to the following criteria: (A) Where feasible, no more than 500 feet of trench shall be opened at one time. (B) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. (C) Trench dewatering devices shall discharge into a sediment trap or sediment pond. x. Construction access routes. 23 Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. xi. Removal of temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. xii. Dewatering construction sites. Dewatering devices shall discharge into a sediment trap or sediment pond. xiii. Control of pollutants other than sediment on construction sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. xiv. Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with an approved manual. xv. Financial liability. Performance bonding, or other appropriate financial instruments, shall be required for all projects to ensure compliance with the approved erosion and sediment control plan. (4) Minimum Requirement #2 -- Preservation of Natural Drainage Systems Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable. (5) Minimum Requirement #3 -- Source Control of Pollution Source control BMPs shall be applied to all projects to the maximum extent practicable as determined by the Director. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop source control requirements that are tailored to a specific basin. However, in all circumstances, source control BMPs shall be required for all sites. (6) Minimum Requirement #4 -- Runoff Treatment BMPs All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 7-day return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated stormwater to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government. An adopted and implemented basin plan may be used to develop runoff treatment requirements that are tailored to a specific basin. (7) Minimum Requirement #5 -- Streambank Erosion Control 24 The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the for Runoff Treatment BMPs requirements: Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to not to exceed the pre-existing conditions for 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City. An adopted and implemented basin plan may be used to develop streambank erosion control requirements that are tailored to a specific basin. (8) Minimum Requirement #6 -- Wetlands The requirements below apply only to situations where stormwater discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the Runoff Treatment BMPs. i. Stormwater discharges to wetlands will be treated to the extent practical prior to discharge. ii. Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized. iii. Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat stormwater. iv. In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and managed for stormwater treatment. If these systems are not managed and maintained in accordance with an approved manual for a period exceeding three years, these systems may no longer be considered constructed wetlands. Discharges from constructed wetlands to waters of the State (including discharges to natural wetlands) are regulated under Ch. 90.48 RCW, Ch. 173-201 WAC, and Ch. 173-200 WAC. v. Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City. An adopted and implemented basin plan may be used to develop requirements for wetlands that are tailored to a specific basin. (9) Minimum Requirement #7: Water Quality Sensitive Areas Where local governments determine that the minimum requirements don't provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government. An adopted and implemented basin plan may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. (10) Minimum Requirement #8: Off-Site Analysis and Mitigation 25 All development projects shall conduct an analysis of off-site water quality impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one- fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to: i. Excessive sedimentation ii. Streambank erosion iii. Discharges to ground water contributing or recharge zones iv. Violations of water quality standards v. Spills and discharges of priority pollutants (11) Minimum Requirement #9: Basin Planning Adopted and implemented watershed-based basin plans may be used to modify any or all of the Minimum Requirements, provided that the level of protection for surface or ground water achieved by the basin plan will equal or exceed that which would be achieved by the Minimum Requirements in the absence of a basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals. Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by local government. Basin plans shall be developed according to an approved manual. (12) Minimum Requirement #10: Operation and Maintenance An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. (13) Minimum Requirement #11: Financial Liability Performance bonding or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards. (14) Exceptions Exceptions to minimum requirements #1 through #11 may be granted prior to permit approval and construction. An exception may be granted following a public hearing, provided that a written finding of fact is prepared, that addresses the following: i. The exception provides equivalent environmental protection and is in the public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; ii. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made; iii. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and iv. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements. 15.04.050 SERVICE CONNECTIONS. All service connection shall be in accordance with the System Development and Construction Standards. 26 A service connection to a closed Stormwater drainage facility shall be extended from the conveyance facility to a point adjacent to the property line and shall be maintained by the property owner. 15.04.060 ON-SITE (PRIVATE) IMPROVEMENTS. New multi-family (exceeding two units), commercial or industrial developments shall provide, at their own cost, on-site water quality and quantity improvements to include, but not be limited to, conveyance facilities, retention/detention ponds, under-drains, separators, or other on- site facilities that are required to limit the off-site discharge of stormwater and to control stormwater quality. Improvements shall be in accordance with the System Development and Construction Standards. On-site facilities shall be regularly maintained, cleaned, serviced and repaired. Any inoperable facility shall be considered a nonconforming condition and subject to abatement under Section 15.04.080. 15.04.070 SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a manhole in the connection to facilitate observation, sampling, and measurement of surface drainage and stormwater flows and contaminant loadings. The manhole shall be located as approved by the Department and constructed in accordance with System Development and Construction Standards. 15.04.080 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and the continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any time if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director or his/her designee may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this Code, Provided, The Department shall first make reasonable efforts to contact the owner or person responsible for such property. The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner's correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this Title, and regulations and procedures adopted hereunder. Expense incurred by the Department in abating such conditions shall constitute a civil debt owed to the City which shall be collectable in the same manner as any other civil debt. 15.04.090 STORMWATER SYSTEM MAINTENANCE. The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right- of-way, dedicated utility easements an owned property. The Department shall not be responsible for servicing private systems extending from the City's stormwater line, except as provided in this chapter. 27 When maintenance, repair, or replacement of publicly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set fort in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. 15.04.100 INTERRUPTION OF SERVICE. Stormwater service may be temporarily discontinued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this Code. Whenever reasonable, and in cases where it has advance knowledge thereof, the Department will notify all customers to be affected by an interruption of service in the official City newspaper or by employees of the Department for areas affected. 15.04.110 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service or Development Agreement shall be required if any existing stormwater connections do not meet the current standards and requirements. 15.04.120 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor unless otherwise indicated: (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited Discharges. It shall be unlawful for any person to discharge or cause the discharge into any stormwater manhole, pipe, drain, ditch or natural water course any of the following materials and substances: (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer, drain, ditch or natural water course. (2) Erosion, debris, and sediments from construction or excavation. (3) Any pollution, as defined in this chapter, into the stormwater system, gases in sufficient quantity, either singly or by interaction with other wastes to constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters. (4) Any strong acid (pH lower than 5.5) or alkaline (pH higher than 8.5) or any other corrosive waste capable of causing damage or hazard to the structures, equipment or personnel of the City. (5) Any septage or wastewater. 15.04.130 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. 28 The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Disconnection Required by 2005. Disconnection of all improper stormwater inflow to the wastewater system shall be made by January 1, 2005, unless continued connection is authorized by the Director where no practicable alternative for elimination of the improper stormwater inflow is available. (c) Director's Authority to Order Early Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system prior to January 1, 2005, where that disconnection is necessary to meet combined sewer overflow reduction plans and for elimination of sanitary sewer surcharging. The Order of Early Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Notice of a Director's Order for Early Disconnection will be provided in writing. The notice will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or subbasins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Residential Disconnection Assistance Program. (1) Program Overview. The Director shall establish a program to assist residential property owners in the elimination of improper stormwater inflow to the wastewater system (the Program). The Program may include, but not be limited to; technical assistance to residential property owners, provision of supplies for incorporation of work upon residential property, work in the right-of-way that supports the residential property improvements and funding of residential property improvements through grants and loans. (2) Program Funding. The City Council shall periodically establish funding for the program, as well as setting limits and terms for loans and grants to participating residential property owners. If additional work is required beyond the limits established, it shall be performed by the owner at his/her expense. (3) Eligible Participants. This Program may be utilized only by the owners of single family or duplex (2 or less units) residences with improper stormwater inflow to the wastewater system, which were in existence prior to January 1, 1995. The Program participants must eliminate all practicable improper stormwater inflow to the wastewater system from the property. (4) Target Areas. The Director may implement and make available this Program throughout the wastewater service area, or instead only in target areas within the wastewater service area. When the Director issues an Order for Early Disconnection of improper stormwater inflow in an area where the Program is being implemented, the Director shall inform the owner of the availability of the Program. Participation in the Program shall be voluntary; owners declining to participate shall be required to proceed with removal of the improper private 29 stormwater inflow to the wastewater system by the established effective date at the owner's expense. (5) Scope of Work. The Director shall determine for each participating property the scope of work for reduction of improper stormwater inflow to the wastewater system which may be paid for with Program funds, with the goal of achieving the most cost- effective and timely reductions. (6) Application and Agreement Owners who wish to participate in the Program must make application to the Department. The application will include the name of the applicant, property location, scope of work, estimate of cost, method of performing the work (contractor or owner) and other data as the Director deems appropriate. Applications will be accepted, evaluated and funded on a first come/first served basis subject to prioritization of target areas. Once an application is approved for funding the applicant will enter into an agreement with the City that will include the scope of work, eligible amount and loan or grant terms. (7) Residential Property Work Funded by the City. i. (a) Contractor performed work. Participating owners shall select a contractor in accordance with a competitive process established by the Director. After City review and verification of the contractor selection process and contract price, the owner shall contract with the selected contractor for performance of the approved scope of work. The City shall not be a party to such contract. The owner's contract shall require the contractor to secure any building, right-of-way, or other permits as may be necessary, if the owner has not separately secured such permits. (b) Owner Performed Work. The Director may establish rules authorizing reimbursement or partial reimbursement for owner-performed work. The owner shall secure any building, right-of-way or other permits as may be necessary. ii. Release. As a condition to participation in the Program, the owner shall release the City and it's officers and employees from all liability relating to the work. iii. Payment. After the work is inspected and approved for conformance with the scope of work by the City, the Director shall authorize payment of the eligible amount provided in the agreement from funds appropriated to the Program. Partial payments will not be made. iv. Deferred Reimbursement. The Director may establish a deferred reimbursement program whereby a residential property owner who performs the work necessary to discontinue the improper stormwater inflows from the property for which the Program does not have funds immediately available can have the eligible amount reimbursed at a later date when funds are available. v. Maintenance. Participating owners shall be responsible for maintaining any improvements constructed under this Program. vi. Director Rules. The Director may establish policies, procedures and such further criteria as are required to implement this Program. (f) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 30 Chapter 15.04 STORMWATER 15.04.010 PURPOSE. This Chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility system for the collection and treatment of surface drainage. 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: Department of Ecology Stormwater Management Manual for Western Washington; Kitsap County Stormwater Management Manual; Low Impact Development (LID) Guidance Manual for Kitsap County; Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and City of Bremerton Standards of Work in the Rights of Way (Engineering Design and Construction Standards). 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions set forth in the manuals adopted in Section 15.04.020 above are hereby incorporated. If definitions in BMC 15.01.020 conflict with definitions in the manuals, the definitions set forth in BMC 15.01.020 shall prevail. 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City of Bremerton pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 RCW and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton however storm drainage mitigation may be required pursuant to BMC 15.04.070. 31 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the City shall approve or disapprove the following activities, unless exempted in Section15.04.080. (a) New Development; (b) Redevelopment; (c) Construction site activities; and (d) Property Maintenance, Repair or Replacement activities meeting specific thresholds as defined by SWMMWW. 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest practices that are conversions from timber land to other uses, are exempt from the provisions of this Section. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this Ordinance. 15.04.090 STORMWATER SYSTEMS / ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Department or a contractor in accordance with the the manuals adopted in Section 15.04.020 above. A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection, maintenance, and repair as required. 15.04.100 LOW IMPACT DEVELOPMENT – ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapo-transpiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the LID Manual. (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control 32 and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the LID Manual and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. 15.04.110 SERVICE CONNECTIONS. All service connections shall be in accordance with the Engineering Design & Construction Standards as adopted in Section 15.04.020 above. A service connection shall extend from the property and to the stormwater drainage system and shall be maintained by the property owner. IHSUs cannot be transferred from one property or account to another property or account. 15.04.120 ON-SITE PRIVATE DEVELOPMENT or REDEVELOPMENT IMPROVEMENTS. All new or re-development projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under-drains, infiltration facilities, or other on-site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off-site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design & Construction Standards and the Bremerton Municipal Code. On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed is nonconforming pursuant to City standards and will be subject to abatement under Section 15.04.080. Constructed facilities shall not be removed. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm drainage sampling station down stream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the City’s storm drainage system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any reasonable time. The Director or their designee may enter onto such property to inspect conditions or to perform any duties 33 imposed upon the Department by this Code provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The Department shall have recourse to every remedy provided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, securing property owner's correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this Title, and regulations and procedures adopted hereunder. Expense incurred by the Stormwater Utility in abating such conditions shall constitute a civil debt owed to the Stormwater Utility and will be collected from the owner, in accordance with the current Assessments, Rates, Fees and Charges. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE. The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right- of-way, dedicated utility easements and City owned property. The Department shall not be responsible for servicing private systems connected to the City's stormwater main line, except as provided in this chapter. When maintenance, repair, or replacement of publicly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual and the permits and/or approvals of the City. (b) Maintenance of private stormwater facilities. (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain r esponsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor’s office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. (2) The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property. (3) When an inspection identifies an exceedence of the maintenance standard or a non-conforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule: 34 i. Within 1 year for typical maintenance of facilities, except catch basins. ii. Within 6 months for typical maintenance. iii. Within 2 years for maintenance that requires capital construction of less than $25,000. 15.04.170 INTERRUPTION OF SERVICE. Stormwater service may be temporarily discontinued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of communication. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this Code. 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service Agreement shall be required if any existing stormwater connections do not meet the current Engineering Design and Construction Standards. However, this requirement shall only apply if the improvement can be installed for 25% or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. 15.04.190 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor and subject to conditions of BMC 15.04.210 unless otherwise indicated: (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited discharges (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. (2) Examples of prohibited contaminants include but are not limited to the following: Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncontaminated water; Chlorine, bromine, or other disinfectants; Construction materials; Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; 35 Dyes. Unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or varnishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process-associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groun dwater: Air conditioning condensation; Discharges from emergency fire-fighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; Irrigation water from agricultural sources that is commingled with urban stormwater; Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. (d) Conditional Discharges. The following types of discharges shall not be considered il legal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts. 36 (3) De-chlorinated swimming pool discharges. These discharges shall be de - chlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent re-suspension of sediments in the stormwater system. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. (5) Non-stormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other non-stormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (e) Prohibited Connections (1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section, if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (f) Any discharge that exceeds the following daily maximum pollutant limits: Ammonia 50.0 mg/L Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium(hexavalent) 0.25 mg/L Chromium(total) 1.0 mg/L Copper(total) 0.75 mg/L Cyanide(free) 0.20 mg/L Cyanide(total) 0.64 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public 37 health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Stormwater connections to the wastewater system is prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005 is charged a fee for the connection pursuant to BMC 15.06.050(b) Rates – Stormwater – Improper Stormwater Inflow to Wastewater System. (c) Director's Authority to Order Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The Order of Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director's Order of Disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub-basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 15.04.210 VIOLATION ENFORCEMENT–PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant BMC 1.12.020 Penalties. SECTION 4. Section 20.14.630 of the Bremerton Municipal Code entitled “Development Standards” is amended by amending Subsection 20.14.630(h) and Subsection 20.14.630(i) to correct a citation and title within the subsections as follows: 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geologically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards. The Department will also consider any proposed mitigation measures or buffer reductions included in a geotechnical report per subsection (c) of this section. 38 (a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (b) Areas of moderate geologic hazard as classified per BMC 20.14.620(b) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a Geotechnical Report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utlilizeutilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotechnical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department determine based on a geological or geotechnical report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent properties, greater buffers may be required. The Department may require an applicant to submit a geotechnical report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety. (e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department. The following are allowable methods and techniques for vegetation thinning, except that mature or old-growth trees shall only be treated per method in subsection (f)(5) of this section: (1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no more than twenty-five (25) percent of a tree's leaf-bearing crown is 39 removed. An even distribution of interior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning. (2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for passage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of the total tree height; provided, that removal of branches from the lower portion shall not exceed twenty-five (25) percent of the tree's leaf-bearing crown. (3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral branches at unions, whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more than twenty-five (25) percent of a tree's crown mass shall be removed, unless it can be demonstrated that further reduction is necessary for functions such as utility clearance. (4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not feasible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular species of tree than other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty-five (25) percent of a tree's crown mass. Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals. When tree topping is used in a geologically hazardous area, the root system shall remain in place. (5) Pruning Mature Trees. Mature and old-growth trees are more susceptible to permanent damage or death from pruning. Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches. (6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, passage and other necessary functions. (g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions. The Department may require vegetation enhancement with appropriate species, and may call for an analysis of the relationship between vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington State Department of Ecology documents "Vegetation Management: A Guide For Puget Sound Bluff Property Owners," and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes. (h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. All land modification proposals shall be consistent with the guidelines set forth in BMC 15.04.042090, Stormwater Systems / Engineering Design and Construction Standards GeneralSystem Development and Construction Standards. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (i) Stormwater Runoff. At no time shall concentrated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a 40 subject site or on neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Department may approve reductions to required parking standards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all standards set forth in BMC 15.04.042090, Stormwater Systems / Engineering Design and Construction Standards GeneralSystem Development and Construction Standards. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to public health, safety and welfare, the Department shall deny or require revision of the site development proposal. (k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk: (1) Public or private trails approved by the Department per the provisions of this chapter; (2) Public or private utilities; (3) Public roads and related infrastructure. (l) On-Site Sewage Disposal. On-site sewage disposal should be avoided in areas of high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All construction must meet the requirements of the City Building Code as set forth in Chapter 17.04 BMC. SECTION 5. Severability. If any one 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 6. Effective 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor 41 ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2013\Chapters 15.01 & 15.04 Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ______ approving Pacific Avenue Head-in Angle Parking Adjacent to the Downtown Post Office Study Session Date: 3/13/13 COUNCIL MEETING Date: 3/20/13 Department: PW&U Presenter: Fridriksson Phone: 473-2354 SUMMARY: The proposed redevelopment of Pacific Avenue will provide multiple benefits, including sustainability through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of pedestrian corridor improvements as identified in the Non-Motorized Transportation Plan adopted by City Council in 2007 and the Downtown Regional Center Sub Area Plan dated December 19, 2007. To improve parking on Pacific Avenue at the Post Office, head-in angle parking is proposed. WAC 308-330 recommends a resolution by Council approving angle parking and authorizing temporary street closures as appropriate. ATTACHMENTS: Resolution No ______, Parametrix Parking Memo FISCAL IMPACTS (Include Budgeted Amount): None. Implementation of the head-in angle parking will be included in the scope of the upcoming Pacific Avenue project. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. ____ to approve head-in angle parking on Pacific Avenue adjacent to the Downtown Post Office frontage. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Pacific Avenue RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify parking on Pacific Avenue along the Downtown Post Office frontage from parallel to head-in angle parking. WHEREAS, residents have requested, and the City identified a need for additional on-street parking on Pacific Avenue along the Downtown Post Office frontage, and WHEREAS, BMC 10.04.010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308-330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330-270(4) recommends a resolution by the City after the City’s Traffic Engineer has conducted an engineering and traffic investigation; and WHEREAS, the City Engineer has conducted an engineering and traffic investigation regarding installing head-in angle parking along the Pacific Avenue frontage; and WHEREAS, changing Pacific Avenue parallel parking spaces to head-in angle parking spaces would significantly increase the amount of on-street parking spaces on Pacific Avenue, and WHEREAS, the City Council finds that modifying Pacific Avenue along the Downtown Post Office frontage to be nose-in angle parking increases available public parking spaces on Pacific Avenue; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Head-in angle parking on Pacific Avenue along the Downtown Post Office frontage shall be created as determined by the City Engineer and consistent with the City Engineer’s engineering and traffic investigation. SECTION 2. The Public Works and Utilities Department may temporarily close any part or all of Pacific Avenue to traffic during construction as deemed necessary. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 2 Pacific Avenue SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk DATE: February 7, 2013 FILE: PARKING 0 SCALE IN FEET 20 CAR PARKING LAYOUT PACIFIC AVENUE CITY OF BREMERTON, WA Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360   MEMORANDUM DATE: March 6, 2013 TO: City Council FROM: Chal Martin, Public Works Director SUBJECT: Update, Pacific Avenue Reconstruction Project - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bremerton’s Public Works Department is ramping up planning and engineering activity on the Pacific Avenue Reconstruction Project in preparation for construction start at the end of May, 2013. The purpose of this project update is to provide the Council information about the project, including:  Citizen input and Public Works Department responses  Project features, schedule and budget  Direction to Consultant Atch: 1. Synopsis of citizen input; departmental responses, direction to consultant, and preliminary project schedules/milestones 2. Conceptual graphic of traffic control plan for phase I Pacific Avenue Reconstruction Project, 6th Street to 11th Street Synopsis of Citizen Input; Departmental Responses; Direction to Consultant, and Preliminary Project Schedules/Milestones Immediately following the public meeting of Tuesday, February 26th, the Project Team, consisting of Public Works Director Chal Martin, City Engineer Tom Knuckey, Managing Engineer for Transportation Gunnar Fridriksson, and Parametrix Project Manager David Dinkuhn met for five hours Wednesday, February 27th (note: the project team was joined for a period of time by Wendy Clark-Getzen and Doug Johnson of Kitsap Transit). At this meeting, there was extensive discussion about traffic channelization changes proposed for 6th street and 11th street, to be implemented prior to the project construction, and maintained for the duration of the project (and possibly beyond). The proposed channelization involves reducing both 6th and 11th between Park and Pacific, to two lanes (from the current 4 lanes) and providing parallel parking along both streets to compensate for the parking lost on Pacific during construction. The concept to implement the rechannelization and delineation of additional parking spaces is to hire a contractor to accomplish the street markings and other work, likely in April. Additional public outreach will be essential to explain how this will go forward. As a part of this plan, the signals at the intersections at 6th and 11th will be changed to 24-hour, 4-way flashing red. The idea is to move toward the 4-way stop-controlled intersections, and move toward implementing the features of the subarea plan related to traffic flow on 6th and 11th, prior to the construction starting, since all of these features are part of the long-term plan anyway. We have updated the graphic (still very preliminary) showing the proposed construction sequencing and traffic control plan which will: a. Phase the construction work to start with the westerly three-quarters of Pacific Avenue and convert the remaining travel lane to northbound one-way; b. Finish the construction work with the easterly remaining street section, continuing to keep traffic one-way northbound, but on the newly-constructed street during the 2nd phase, and c. Provide additional parking along 6th and 11th streets. Regarding a couple of other details, the project team discussed bike racks and trash receptacles. Bike racks will be located near each bus stop. We need to check with bike clubs and others to determine the specific design. We need to determine the type of trash receptacles and how they will be maintained. The project team reviewed all of the public input received, provided in the form of 40 questions, below. These answers that follow essentially constitute the Public Works Department’s instructions to the Consultant regarding each question/issue: 1) Parking issue in general: people were concerned there would not be as much parking when the project was completed. The current design does retain all off-street parking and all accesses that are currently there will be retained. Should the City consider / evaluate angle parking and larger bulbouts to accommodate that, on one side or the other? Is there room? a. We have included angle-in parking in front of the post office. This appears to gain 1 parking slot overall (from 4 to 5). And there is room for one ADA slot included with the 5. A downside of this design is that it squeezes the sidewalk in front of the Post Office down to about 6 feet. This is not optimal (at least 10 feet is needed for a pedestrian-friendly design) but should work OK in front of the post office as there will be a larger corner bulb-out. 2) Parking issue more specifically: people were concerned about parking for the apartments at the north end of the project. Are we maintaining the off-street parking that is already there? What, if anything, can be done to create more parking in this area? a. As stated above, after the project is complete, there will be more on-street parking spaces north of 9th street, off of the southbound lane. 3) Parking during the project: would it be possible to provide the City lot at the corner of Pacific and 11th for temporary parking as the project is being constructed? Also, some of the commercial properties along Pacific may be willing to provide some additional parking during the project. We need to check with them. a. We do not plan to create a parking lot on the City’s parcel at the SW corner of Pacific and 11th. However, we do plan to create a number of parallel parking slots on both 11th Street and 6th Street, primarily between Pacific Avenue and Park Avenue. Stay tuned for more information about this plan, which we hope to implement in the April-May time frame. Also we are still planning to check with at least one property owner along Pacific to see whether it might be possible to provide parking temporarily during the construction period. 4) City needs to provide more parking in front of the Post Office. Redesign for angle-in (current proposal is for parallel parking). a. Done. See response #1 above. 5) Consider providing some type of intuitive architectural separation between the single-family units and the apartments. That might help with spillover parking from the apartment complex. a. We discussed this and we believe the new curbs and gutters will provide much better delineation and clearly indicate that the area is a driveway. So there was no further action taken on this request. 6) Will the project include some signage so that people will not park in front of driveways? a. New curb/gutter/sidewalks/driveway cuts should make it clear and intuitive where the driveways are, so we don’t expect parking in front of driveways will be as big of an issue when the project is completed. But if this continues to be a problem, we can address as a separate action after project completion. 7) Concern voiced about the dumpster at the apartment locations, north end of the project near 11th street. Current situation is the dumpster is overflowing and spills trash. Not very nice looking. How will new project accommodate the dumpster use in this area? a. The dumpster location is outside of the project limits. This may be a servicing interval issue. 8) How will the telephone/cable undergrounding work? a. The City will coordinate with the cable and phone companies to construct conduits and junction boxes for cable and phone. Once the cable infrastructure is in place, the cable or phone companies will notify customers when the changeover will occur and how long service will be disrupted. 9) Property owners were interested in the specific location for trees, especially on the north end where many residences have views. If possible, folks would prefer their views not be blocked by large street trees. a. If you have a concern about tree location, please let us know soon (by March 6th). Due to the cost to modify the drawings, we won’t change any tree locations unless we hear from a concerned property owner. 10) For the businesses: water, power, cable cutovers will need to be carefully coordinated with every business. Each location and each cutover for each utility constitutes a separate “mini project” within the larger project. a. If you are a property owner or a business with frontage on the project, please ensure you have contact information for the City’s project team. 11) With regard to water system replacement: will the water service changeovers impact other businesses or residences in the area that are not fronting Pacific? a. No. 12) Issue: Some folks on the north end of the project are considering putting a garage in that would access from Pacific. a. We have accommodated one such driveway on the plans. If there are any others, we need to know by March 6th. On another note, it looks like the project can work with the existing retaining walls, mostly fronting the residents on the northbound lane, north of 9th street. 13) Could the project include some benches at appropriate locations? a. Yes, we have added benches, preliminarily targeting 7 benches along the project. The City may also have some art work which, if available, will be installed in the plaza area near 9th street. The benches will be installed with the backs of the benches up against the building facades. 14) Project schedule: is it possible to get the project substantially completed by the end of October, 2013? a. We are hoping, and that will be the plan going forward. We took a hard look at the schedule and it may be possible if we can get the project out to bid within the next few weeks, and construction started on May 29th. That would leave the Contractor about 100 work days to mid- October. 15) Signage for businesses: can the City provide signage to help people get to the businesses during various phases of the project? a. Yes. We will continue to work on this issue to develop the specific plan. Of paramount importance: don’t put up a “road closed” sign. And in fact, the plan is to keep Pacific Avenue open with one lane, north bound, for the entire construction period. The plan is: for the first phase of construction, the west 3/4ths of the street, including the west sidewalk, will be made available to the contractor to demolish. A saw cut will proceed the length of the street, leaving about an 11-foot paved lane on the west side of the street, and the west side sidewalk. The one-way designation will be northbound. During this period, the side streets (7th, 8th, and 9th) will remain open but will be dead-ended at Pacific. During the first phase, all subsurface sewer, water, electrical, and other subsurface work will be completed, along with the sidewalk and two lifts of asphalt (the project calls for three lifts). Traffic will then be shifted to the reconstructed west side of the street (traffic will still be routed one-way northbound) while work shifts to the east side. 7th, 8th, and 9th street connections to Pacific will be opened back up. Although some detail work may remain over the winter of 2013-2014, the goal is to have the project substantially completed by the end of October. Note that one important modification in this plan is to leave the existing pavement in place during the first phase of construction. This means that vehicular traffic will always be using a paved surface, not gravel. However, the sidewalks will be gravel during their respective construction intervals. The contractor will be required to maintain ADA compliance. 16) Concerned about the durability of the pervious paving being used in the drive lanes of the heavily used Pacific Ave. If it is not used then: a. Where would the break between the two paving materials fall? The bulb outs extend out different distances (11’, 13’ & 14’) and finding a good and uniform location for the break would be difficult. This break would define the drive lanes. Answer: we have cut back the amount of pervious pavement in the project, limiting it primarily to the parking areas, with more on the east side of the street than the west side. This change also enables some of the complexity, such as subsurface check dams, to be simplified. b. Would installing pervious paving just along the parking areas really make this a low impact project? Would the costs outweigh the benefits of such small amount of infiltration? Answer: yes, pervious pavement in the parking areas only, still provides significant infiltration. We have also cut back on some of the less effective rain gardens (see below). 17) Will having pervious paving and water infiltration along the portion of the street in front of the Red Cross properties create a problem with water saturation along their retaining wall at the R/O property line? a. Possibly. This is a concern. Therefore, we will not install pervious pavement near some of the structures on the west side of the street. 18) How does the 6 storm water planters (rain gardens) on the east side of the street really work since they are on the uphill side of the street and storm water from the street flows away from the curb? Where would the water come from? Does their cost outweigh their benefit? a. We have converted these rain garden planters into standard planters. 19) Might it speed up the project, lower the project cost, provide better working conditions, and in the end provide a better project if Pacific Ave was just closed to through traffic during construction (except lo cal access)? Diverting through traffic and the bus routes along Park Ave & up 6th St would work. Providing temporary adjustable/re-locatable access to properties along Pacific might serve them better. a. See the project sequencing discussion in question 15 above. We did consider a block-by-block approach, but due to the extensive underground utility work, determined that it would be much faster to provide the entire west side of the street to the contractor in the first phase of construction. The key is to provide continuous access even though the street will be under construction, and also ensure residents, customers and suppliers feel comfortable using the street. And we don’t want to use the word “closed,” since we intend to keep the street open. With regard to the bus routes: we met with Kitsap Transit and it will be necessary to modify the bus routes. We are looking at bus stops on both 6th and 11th, within half a block of Pacific, as well as the existing stop on Washington near the Manette bridge. After the project is completed, there will be four stops on Pacific – two on the west side and two on the east side. 20) The sidewalk and planting area in front of the Post Office should be thought of as a plaza, much as the area in front of the old fire station. Public buildings / public spaces. There should also be some HC spaces there also. Whether this building remains a Post Office or not, it is still a significant building. a. The proposal to provide angle-in parking does not leave much room directly in front of the post office. Just to the north, however, there will be some additional space protruding into the street for a bus stop, and there will be a bulbout at the NE corner of the intersection of 6th and Pacific. 21) The charging stations on the west side of the street are in the wrong location. This area should be short term parking serving the Post Office. Are the charging stations really needed? Should City / public money should be spent on them. Is this is not something the private market place should take care of? There are quite a few private lots downtown that could provide this service. a. At this point, we are moving forward with a plan to include the charging station work as an additive bid item. We do not yet have all the details worked out about how to pay for the charging stations. The City did receive a grant to supply 4 charging stations and a $3,500 installation grant for each station. This will likely not fully reimburse the cost of installing the stations, but will recoup a significant amount of the expense. 22) The Pacific & 6th intersection should be a signaled intersection. They are both becoming main routes for traffic. A signal provides more pedestrian safety & comfort. With a 4-way stop, pedestrians are just a part of the stopping queue; with a signal they are given more importance. This intersection should not be tabled, especially if it is also signalized. a. After considerable internal discussion, and input from stakeholders and the Public, we have decided to move forward with removing the signals and including the tables on the intersections. The two actions go together. Once the determination is made to remove the signals (which saves money and is consistent with the results of the traffic study), then the tables make the intersections more visible to motorists and therefore safer to pedestrians. The traffic study indicates that even in 2033, the intersections at 6th and 11th do not meet warrants for signal installation. But there is more to this decision than the strictly technical analysis. At issue is the future look and feel of the downtown area; its pedestrian friendliness and walkability, and the ease of the connection between the downtown area and the City’s Evergreen park, a relatively easy 10-block walk from the downtown. While there is no doubt the intersections at both 6th and 11th will be very busy during rush hour, the 4-way stop control essentially prioritizes pedestrians and works very well, especially for the 23 hours per day and weekends outside of the rush hour window. 23) Water & Sewer connections should be sized to account for future development without having to tear up the new street. Pervious paving and its subgrade is harder to patch than regular concrete. The Downtown Sub-Area Plan calls for much higher density along Pacific. Any new construction would call for greater than 1” water lines and would more than likely need to have service for fire sprinklers. a. We are, in general, putting in larger water service laterals than currently exist. There are already several water sprinkler system laterals installed. We have techniques for installing larger laterals should new development require additional fire flow. Of course, the water mains will be able to accommodate fire flow for future development. The issue is trying to guess where the larger laterals will be needed. Since, in the opinion of our staff, we usually guess wrong, and it costs money to install a more complex water system with components that may never be used, we will upsize the system generally, but wait on specific needs to provide fire flow for future development. 24) Is an underground conduit being installed for future fiber cables? It seems like any new development would want to be able to tie into the fiber network downtown. a. Yes. There will be a joint utility trench which will provide room for additional conduit. The City will install a 2” conduit for its own future use. 25) It seems that the project would have been better if the meandering sidewalk had been located on the west side (downhill) of the street instead of the east (uphill) side. It would have allowed more storm water planters (rain gardens) and ones that actually would have storm water flow into them. a. We have made some changes to the sidewalk; however, in general the meandering feature remains the same, located on the east side. 26) The lighted and non-lighted bollards appear to be an expensive “feature”. a. Concur. We reviewed the location of the bollards and the locations look OK. But we removed the electrical feature – so, no lights. 27) I could not locate where the monument “Pacific Avenue” sign (4/C19) is located. Is this also one of these expensive “features”? a. This sign did not seem to meet any other standards set by the City. We removed the sign from the project. 28) If stamped/colored concrete is uses instead of the bricks, the color should be a pleasing brick color. The red color that was used in the new islands at 16th & Warren are an off and unpleasing and cheap looking color. Mock up should be included for approval. a. Consultant has heard this complaint and this is an important detail. The problem in general with colored concrete is that it fades in time. The plan going forward is to retain a good portion of the originally-envisioned work with real bricks on the walking surfaces; however, the intersection crosswalks at 6th and 11th will be delineated with stamped concrete, for added durability. 29) The 16” wide pavers walking strip along the curb (B/C16) is too narrow when located next to a planting strip, 24” wide works much better (see the new paver walking strip along the 1300 block of Broadway Ave). a. Concur. The width is 22 inches including the curb width, and we are looking at increasing this total width to 28 inches. 30) Please do not skimp on the installed tree sizes. a. Trees are specified minimum 2 inches. Many are specified at 2.5 inches. 31) The trash receptacles shown located at the bus shelters should be by Kitsap Transit (installed, serviced, & maintained). a. We need to select the trash receptacles. Currently, trash receptacles are maintained by the City’s Parks Department. We are assuming this arrangement will continue, but have not yet coordinated this with Parks. 32) I did not see any mutt-mitt stations for dog-walkers. Shouldn’t some be provided, as people will use this route to take their dogs down to Evergreen Rotary Park? a. Concur mutt-mitts should be provided. We will add dispensers when the project is completed. Dispensers will be affixed to existing sign poles within the project limits, at appropriate locations. 33) There should be a standard method (pull-in or back-in) for non-parallel on street parking. This seems to come up each time diagonal parking is proposed. It seemed that with the 4th & 5th Street Project by Kiwanis Park this issue had been settled. It would be nice to be consistent. a. We are planning on angle-in for the Post Office parcel only. All other on-street parking will be parallel parking. 34) The benches should be paid for by donation w/ plaques. a. Benches will be included as a project expense, as described in question #13 above. 35) We don’t like the pink concrete – if it is going to be stamped, make sure the color is better. a. Concur. See question # 28 above. 36) Can we install electrical charging stations as part of the project? a. Charging stations will be included as a project additive bid item. There are still details to be worked out. See above. 37) Conduit for future connectivity: what is going in as part of the project? Can/should old water or sewer lines be kept in place for future wire runs? a. The project does include conduit. We are not planning to use the old water or sewer lines for future connectivity. 38) Should the south part of the Pacific/6th street intersection be re-built? It already has a brick-inlaid crosswalk. a. It will be necessary to re-build the intersection for the tabletop feature, so unfortunately the existing brick sidewalk will need to be replaced. 39) What will the street surface look like during construction. Will it be gravel? Will cars be able to get through without getting stuck? a. Paved. See question #15 above. 40) What about hedges or other plants/trees that are within the right of way? Will these remain or be taken out? Will they be re-planted? a. The hedges will need to be removed, as they are in the right of way and in the footprint of the new sidewalk. The hedges will need to be replaced by the property owners. Project schedule: the following schedule was outlined. This is a very aggressive schedule but we believe it is possible:  Thursday, February 28th – additional technical followup: Gunnar Fridriksson and David Dinkuhn  Friday, March 1 – newsletter update (already a little late on this)  Wednesday, March 6th – submit agenda item for March 13 Council study session to discuss project traffic control plan and authorize angle-in parking at Post Office  Saturday, March 16th (weather dependent) – Warren Avenue/11th intersection work substantially complete (important to complete this work prior to systemic re-channelization of 11th and 6th in preparation for Pacific Avenue reconstruction)  Tuesday, March 12th – Discuss at Public Works Committee meeting, 4:30 p.m.  Wednesday, March 13th – Discuss at Council study session, 5:00 p.m.  Thursday, March 14th – Consultant to submit 95% design to WSDOT for review  Wednesday, March 20th – Council meeting: brief traffic management concept; update project status  Wednesday, March 20th – submit agenda item for March 27 Council study session – small contract to perform channelization work and parking delineation along 6th Street and 11th Street  Wednesday, March 27th – brief the Council regarding the small contract for channelization work precedent to the larger project  Friday, March 29th – Signals on Warren Avenue at Burwell and 6th interconnection complete (important to complete this work to enable the Warren Avenue corridor to perform as designed prior to systemic re-channelization of 11th and 6th in preparation for Pacific Avenue reconstruction)  Monday, April 1st – WSDOT approval of bid package  Monday, April 1st – project newsletter update  Wednesday, April 3rd – Council approval of 6th/11th channelization contract for traffic control  Monday, April 8th (could be the 15th) – channelization work begins  Friday, April 12th (could be the 19th) – channelization work complete; signals at 6th and Pacific and 11th and Pacific changed to 4-way red flashing  Monday, April 15th – Project advertised for bids  Wednesday, May 1st – submit agenda item for bid award  Thursday, May 2nd – last day for bid addendums  Monday, May 6th – bids opened  Wednesday, May 8th – Council study session; brief Council on bidding results and expected low bidder  Wednesday, May 15th – Council authorizes bid award  Friday, May 17th – bid award  Tuesday, May 21 – Public Meeting in advance of construction start  Monday, May 27th – project newsletter update  Tuesday, May 28th – contract documents/bonds returned from contractor  Wednesday, May 29th – notice to proceed / preconstruction meeting  Wednesday, May 29th – contractor mobilization on site  Monday, June 10th – Public Meeting following first few days of construction work  Monday, June 24th – Public Meeting following first few weeks of construction work  Friday, October 18 – substantial completion AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _______ creating a new parking code Study Session Date: February 27, 2013 & March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Clerk & Legal Presenter: Shannon Corin & Roger Lubovich Phone: 473-5323 & 473-2345 SUMMARY: The proposed ordinance repeals Chapter 10.10 BMC entitled “Restricted Parking Zones” and Chapter 10.11 BMC entitled “Parking Enforcement”, and adopts a new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code". The proposed ordinance consolidates and updates provisions of the existing codes. In addition, the proposed ordinance amends Chapter 11.10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and makes other related changes. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ________ creating a new parking code and amending Chapter 11.10 of the Bremerton Municipal Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DRAFT 3-5-13 1 Parking Code - Chapter 10.10 BMC ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 10.10 BMC of the Bremerton Municipal Code entitled “Restricted Parking Zones” and Chapter 10.11 BMC of the Bremerton Municipal Code entitled “Parking Enforcement”, adopting a new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code", amending Chapter 11.10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and making other related changes. WHEREAS, the City Council desires to repeal its existing parking code set forth in Chapters 10.10 and 10.11 of the Bremerton Municipal Code and adopt a new parking code relating to parking restrictions for vehicles including recreational vehicles, boats or vessels, or trailers; and WHEREAS, the City Council desires to add language to Chapter 11.10 of the Bremerton Municipal Code currently set forth in Chapter 10.10 of the of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.10 of the Bremerton Municipal Code entitled “Restricted Parking Zones” and Chapter 10.11 of the Bremerton Municipal Code entitled “Parking Enforcement” are hereby repealed in their entirety. SECTION 2. A new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code" is hereby adopted to read as follows: Chapter 10.10 PARKING CODE 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: “Boat or Vessel” means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle (trailered or nontrailered). "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end. “BMC” means Bremerton Municipal Code. “City Parking Facility” means City owned or controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking. DRAFT 3-5-13 2 Parking Code - Chapter 10.10 BMC "Department" means the Department of Financial Services, unless another department is referenced. "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced. “Downtown core” means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. “Motor vehicle” means any self-propelled vehicle such as a car, truck, van, motorcycle, or any other similar self-propelled vehicle. “Paid parking zone” means the street, or part thereof, within the City where parking spaces are restricted to paid parking. "Parking generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and military installations. "Parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder’s restricted parking zone. "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit. “RCW” means Revised Code of Washington. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or nontrailered). "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. “Residential area” means a contiguous area containing public rights-of-way or parts thereof primarily abutted by residential property or residential use. "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas. “Residential restricted parking zone” means a restricted parking zone in a residential area. "Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. DRAFT 3-5-13 3 Parking Code - Chapter 10.10 BMC “Trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights-of-way. "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone. 10.10.020 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Financial Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this chapter. The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights-of-way where required to regulate parking. 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. The creation, deletion or boundary changes of restricted parking zones in nonresidential areas may be initiated either: (1) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (2) By motion, resolution or ordinance of the City Council as deemed appropriate. 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation. The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10.10.010 above may be initiated either: (1) By a verified petition of property owners as provided for in Subsection (b) below for either a one (1) hour or two (2),two (2), three (3), or four (4) hour parking restriction time period time residential restricted parking zones; or (2) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By motion, resolution or ordinance of the City Council as deemed appropriate. The City Council may, at any time, create a residential restricted parking zone or it may delete or change the boundary of a residential restricted parking zone created pursuant to Subsections (a)(1) and (a)(2) above. (b) Petitions. Property owners in a residential area as defined in BMC 10.10.010 above may seek to create, delete or change the boundary of a residential restricted parking zone or to change to either one (1) hour or two (2) hour restricted parkinga parking restriction time DRAFT 3-5-13 4 Parking Code - Chapter 10.10 BMC period to a new parking restriction time period that is authorized in subsection (a)(1) above as applicable by submitting a verified petition of at least two-thirds (2/3) of the property owners of each parcel of property located within the block indicating support for the change. Upon submittal of a verified petition, the Director of Public Works & Utilities must make a finding that: (1) There is an identifiable parking generator; (2) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; (3) The conditions described in subsections (b)(1) and (b)(2) of this subsection exist on at least three (3) contiguous blocks; and (4) Whether one (1) hour or two (2) hourthe proposed parking restriction time period time restricted parking is appropriate.; and (5) The parking restriction time period being changed has been in effect for at least one year. (c) Appeal. Appeals relating to the creation, deletion, boundary change or a time change of a parking restriction time period to a new parking restriction time period from/to either one (1) hour or two (2) hour time restricted parking as applicable of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10.10.140 below. The right to appeal exists only when such creation, deletion, boundary change or time change was completed under Subsections (a)(1) above by a verified petition or (a)(2) above by a Director’s decision. If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days. A timely appeal will stay the action until the Municipal Court Hearing Examiner’s review and decision. The Hearing Examiner shall be authorized to deny the creation, deletion, boundary change or time change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (d) Posting. (1) If the creation, deletion, boundary change or time change is subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either: (i) The seven (7) working day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion, boundary change or time change is not subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone. DRAFT 3-5-13 5 Parking Code - Chapter 10.10 BMC (e) Permit Only Zone. Effective March April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition. Permit only zones in effect on January 1, 2013 are grandfathered and may remain in effect or be deleted by petition. The City Council may, at any time, create, delete or change the boundary of a permit only zone. 10.10.050 PARKING PERMITS. (a) Residential Parking Permits. Residential parking permits may be issued to park in a residential restricted parking zone located for motor vehicles not exceeding twenty-two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons: (1) A legal resident of the residential restricted parking zone who has a motor vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under his control. (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone. Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (b) Visitor Parking Permits. Visitor parking permits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence. No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (2) Parking more than one (1) block from the permitted residence, or (3) Use of visitor permits by residents for the residents vehicles. Visitor permits shall only be used for visitor vehicles. (c) Temporary Parking Permits for Services. Temporary short term parking permits may be issued for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in Section 10.10.030 and Section 10.10.040(a) above when necessary. Temporary short term parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc.), or for other short term use for the providing of services to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone. Temporary short term parking permits, and any extensions thereto, shall be issued for a period not to exceed thirty (30) days unless the director determines that a longer period is warranted. The City may require proof of ongoing continuous work and of a City business or landlord license as a condition to maintain or extend a valid permit. (d) Display. Parking permits shall state thereon the particular restricted parking zone, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof or the front windshield on the left side when necessary. A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. DRAFT 3-5-13 6 Parking Code - Chapter 10.10 BMC (e) The Director may establish policies for the issuance of parking permits. Parking permits may be issued throughout different times of the year based on zones or other criteria. (f) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in Section 10.10.030 and Section 10.10.040(a) above, however, they are subject to the seven (7) day parking restriction set forth in Section 10.10.070(b)(1) below unless otherwise permitted with a temporary short term parking permit pursuant to Section 10.10.070(b)(4) below. 10.10.060 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46.61.582, a person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050. (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050; provided, pursuant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction. (d) No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons. (e) Special Plate, Card or Decal Issued by another Jurisdiction. RCW 46.61.583 is hereby adopted by reference. 10.10.070 PARKING VIOLATIONS. In addition to those statutes set forth in the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit - and No Repark Zones. (1) Downtown Core. Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i.e., Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of DRAFT 3-5-13 7 Parking Code - Chapter 10.10 BMC the posted time limit. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expiration of the posted time limit and is reparked on either side of the same named street. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a restricted parking zone, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit, however, they will not be exempt from the time restrictions set forth in Subsections (b)(1), (b)(2) and (b)(3) below. (b) Parking or Storage of Vehicles within Street. Except when otherwise provided by Subsection (b)(4) below, the parking or storage of vehicles within any street shall be subject to the following parking restrictions in addition to other parking restrictions set forth in this chapter: (1) Time Restriction – No Repark. Except for vehicles parking pursuant to a residential parking permit, the The parking or storage of any vehicle in the same parking location on a street in excess of seventy-two (72) consecutive hoursseven (7) consecutive days without movement on a street shall be unlawful. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the vehicle within five hundred (500) feet, and still within a street,If any time after the initial seven (7) consecutive day period the vehicle is still parked in the same location on the street in violation of the seven (7) day parking restriction and is then reparked on the street within the same block for any period of time up to twenty four (24) hours, it shall be considered to be parked in the same location within the street and therefore still in violation of for purposes of calculating the seven (7) dayseventy-two (72) hour parking restriction. (2) Recreational Vehicles, Boats or Vessels, and Trailers – Additional Restrictions. No person shall park any recreational vehicle, boat or vessel, or trailer, as defined in Section 10.10.010, above on any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) below. (3) Oversized Vehicles – Additional Restrictions. The City Council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi-trailers, or combination thereof, exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on any street at times when such vehicles are not engaged in business or commercial activity. Accordingly, no commercial truck, vehicle, van, trailer, or semi-trailer, or combination thereof exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed or unlicensed, may be stored or parked upon any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to Subsection (b)(4) below. (4) Exception to Time Restrictions – Temporary Permits. A vehicle may park on a street for a period of time that exceeds the time restrictions set forth in this section, BMC Section 10.10.070, if it has been specifically permitted, on a temporary short term limited basis and for the period of time permitted, . Such a permit may be issued; (i) to a resident when necessary such as when the resident will be out of town or some other similar short term use, (ii) with a public works right-of-way permit or other similar City or State authorization for construction or other related public purpose, or DRAFT 3-5-13 8 Parking Code - Chapter 10.10 BMC (iii) or when otherwise authorized by the Director for good reason. (c) Unauthorized Disabled Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10.060 above and RCW 46.19.050. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate required under this section. Additionally, it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10.10.060 above and RCW 46.19.050 to violate any time restrictions imposed on nonmetered, on-street parking places reserved for persons with physical disabilities as well as nonreserved, on-street parking spaces. (d) Parking on City Property. A motor vehicle parking or standing on property owned, leased, or operated by the City is subject to the following restrictions: (1) Only motor vehicles belonging to persons who work for the City, who are transacting business with the City or who otherwise have specific permission from the City, may be parked upon such property; and (2) Where pavement markings or signs designate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property, unless otherwise authorized by the City; and (3) Where a parking stall or stalls is designated by pavement markings or signage, any motor vehicle parked in these stalls must be parked within the designated limits of the parking space as indicated. (e) Parking against Traffic. Except when otherwise provided by City code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park on a street unless: (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the street; (2) In the direction of authorized traffic movement of the street immediately adjacent thereto; and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this Subsection (m) and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (f) Expired Registration. It is unlawful to park any vehicle on a street or on public property without valid, current vehicle license plates or registration tab displayed according to law. (g) Inoperable Motor Vehicle. It is unlawful to park or store an inoperable motor vehicle on a street or on public property. For purposes of this subsection, an "inoperable motor vehicle" is defined as a motor vehicle which is: (1) by any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power; (2) unsafe for operation on the streets and highways of this State due to inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC; or (3) damaged to such extent as to render it illegal for operation on any street, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel DRAFT 3-5-13 9 Parking Code - Chapter 10.10 BMC or other general conditions that would render a vehicle incapable of being driven on a public highway. (h) Junk and Abandoned Vehicles. Enforcement of junk and abandoned vehicles may be pursuant to Chapter 46.55 RCW adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC. (i) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (j) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10.10 BMC. (k) Tampering with Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (l) Unlawful Parking in City lot. In addition to other enforcement remedies, it is unlawful to park any vehicle on a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (m) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (n) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (o) Failure to Surrender Permit. The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed. (p) Parking Fee – Nonpayment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (q) Parking Fee – Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (r) Habitation in Vehicles. No person shall park and/or occupy any vehicle on any street for the purpose of habitation in such vehicle. For purpose of this section, habitation means to camp, live or occupy within such vehicle for residential purposes. 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer. The parking regulations set forth in this chapter and the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC shall be enforced by the; (1) City’s police officers and other law enforcement officers, and/or (2) City’s parking enforcement officers, as applicable. The City’s parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) below and those City officials authorized by the DRAFT 3-5-13 10 Parking Code - Chapter 10.10 BMC Director of Financial Services or by the Director of Public Works & Utilities to enforce provisions of this chapter. (b) Notice of Infraction. If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. (c) Registered Owner – Responsible for Violation. In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered owner of the vehicle shall be responsible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle. (d) Limited Commission Officers. The City’s Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City’s parking regulations. 10.10.090 FINES AND PENALTIES. Unless specifically set forth elsewhere in this chapter, the fines and penalties for parking violations of the provisions of this chapter and provisions of the Washington Model Traffic Ordinance as adopted pursuant Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapter 3.01 BMC and Chapter 10.04 BMC. 10.10.100 FAILURE TO RESPOND – ADDITIONAL PENALTY. Any person who has been issued a notice of infraction relating to parking pursuant to BMC 10.10.080(b) above and who fails to respond as provided in RCW 46.63.110, as adopted by the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC pursuant to Chapter 10.04 BMC, shall pay an additional penalty of twenty-five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to a notice of infraction. 10.10.110 VEHICLE IMPOUND – OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter, Chapter 10.10 BMC, or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows: (a) Impound with Notice. As authorized pursuant to RCW 46.55.080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment pursuant to RCW 46.55.085 under the following circumstances: (1) Violations of Parking Code. When such vehicle is parked and/or used in violation of the provisions of this chapter or any other law, ordinance or regulation; or (2) Chronic Nuisance. A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when: (i) Outstanding Infractions. When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstanding parking infractions issued against the vehicle for each of which a person has failed to respond, failed to DRAFT 3-5-13 11 Parking Code - Chapter 10.10 BMC appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the date of the filing of the notice of infraction. (ii) Multiple Infractions. When a vehicle is parked on any street within the downtown core as defined in BMC 10.10.010 above and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or unpaid, within the preceding ninety (90) days. Furthermore, such vehicle may not park on any street within the downtown core for a period of ninety (90) days from the date of issuance of the notice of impoundment. (b) Impound without Notice. As authorized pursuant to RCW 46.55.080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in Subsection (a) above hereof, only under the following circumstances: (1) Public Safety. When a vehicle is unattended upon a street where the vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW 46.55.113; or (2) City Parking Facility. When an unauthorized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46.55.070. (c) Other Impoundment. In addition to the impound provisions set forth in Subsections (a) and (b) above and those penalties established pursuant to this chapter, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements established in WAC 308-330-406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC. (See RCW 46.55.113) (d) Immobilization of vehicle. In lieu of impoundment, a vehicle may be immobilized with a restraining device (ie. boot). A vehicle that has been immobilized for forty- eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) above as determined by the police officer or parking enforcement officer. 10.10.120 COSTS OF IMPOUND. (a) The registered owner shall be responsible for all towing and storage costs relating to impounds of a nuisance vehicle. If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of one hundred dollars ($100.00) before the vehicle may be released. (b) If impounded or immobilized, the vehicle shall not be released until the Police Department, or its designee, parking enforcement officer or towing company, as applicable, receives a receipt or other notice from the court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved unless such release is otherwise approved by the Police Department, or its designee or parking enforcement officer for good reason. 10.10.130 ENFORCEMENT - EXEMPT PERIODS. Time restrictions on parking, as set forth in this chapter, shall not be effective on City holidays identified in BMC 1.02.020 or such additional days specifically exempted by Council DRAFT 3-5-13 12 Parking Code - Chapter 10.10 BMC resolution, except that enforcement in residential restricted parking zones shall be at the times posted. 10.10.140 APPEAL. Appeals relating to the creation, deletion, boundary change or time change of a restricted parking zone pursuant to BMC 10.10.040(c) above and appeals of traffic parking infractions and impoundments pursuant to this Chapter shall be filed with and heard by the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration. SECTION 3. Chapter 11.10 of the Bremerton Municipal Code end “Sidewalks – Duties of Abutting Property Owners” is hereby amended to add a new section relating to decommissioning and recommissioning of driveways as follows. Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right- of-waysidewalk by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub- toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. DRAFT 3-5-13 13 Parking Code - Chapter 10.10 BMC (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are end to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (c) For purposes of this section, the term "sidewalk" shall mean part of any right-of- way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line. (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW. 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer or designee. 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. The provisions of this section authorize the decommissioning of driveways not formally abandoned pursuant to City right-of-way standards in order to allow street parking on parts of streets fronting the decommissioned driveways and further provide for the recommissioning of said driveways when appropriate. (a) Decommissioning of Driveways. The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway is no longer required and that the area of the street fronting the driveway may be used for street parking, the City will post the area of the street fronting the decommissioned driveway as authorized for street parking. DRAFT 3-5-13 14 Parking Code - Chapter 10.10 BMC (b) Recommissioning of Driveways. The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the driveway. The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway may be recommissioned, the City will remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway. (c) The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parking due to public safety or other related reasons. 11.10.040050 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 4. Severability. If any one 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 5. Effective 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: DRAFT 3-5-13 15 Parking Code - Chapter 10.10 BMC __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Finance\Parking\Parking Code6 BMC 10.10 - 2013.doc