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
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CITY OF BREMERTON - PACIFIC AVENUE 6th STREET to 11th STREET - PRELIMINARY PLAN
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______________________________________________________________
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.
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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
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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
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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.
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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.
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(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.
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(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
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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.
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“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.
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“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.
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“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;
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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.
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“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.
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“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.
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“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
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(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
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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.
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“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.
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“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.
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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).
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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:
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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;
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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.
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(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.
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(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
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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.
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"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.
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“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
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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.
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(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.
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(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
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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
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(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
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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
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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
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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
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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.
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(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.
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(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:
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__________________________________ ________________________________
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