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Home My WebLink About5209 ORDINANCE NO. 5209 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]. 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 Section 15 01 020 of the Bremerton Municipal Code entitled "Definitions" is hereby repealed in its entirety and a new section, Section 15 01 020 entitled "Definitions" is hereby created to read as follows 1c�zn DEFINITIONS The tenns used in this title sha4l mean the fellewing, exeept where the eentext other-wtse requires " Avefage shall inean the total quanttty divided by the flufflber- 0 days of waste er- stefm water- disehar-ge or- water- use by the typteal User- in a User- el-ass (b) (1) "Baekflew" shall mean the flow ether- than in the intended dir-eetten ef flew o o f water f oreig n 1 a 1. * 4 th a t t.,,« + f th .... ... ...:,j ,. S..Jw, .,. Jnoscwzccszircv crnZrr:TCrnTCrcroxrsri�cnrvrcrn. it n a nd pr-event 1. ph o .. 1 aek flo " Basin plan means a plan and all implementing r-egulattens and pr-eeedufe-s ineluding, but not lifnited to, land use management adepted by er-dinanee for- managing suffaee " es4 fnanagemen aetiee" er " " B P 1, 1 t rue t ufa l ,7 / rziieai�iTSic ar��ra , that managerial pr-aettees > wateF and have been approved by Washington Sta4e Depat4fnent of Eeelegy BMPs are liste a nd dese. -ibe,7 in th lid 1 Stormwater Code Updates 1 . A ll WINNOW 1 1111 1 1111111 •, , • A PIN MON. _1011 pill I 11 FIN MONNOWN • • a Wi WON s s , Oil- .. . ..... ELUAML111.0-11IJI P - - - Mr�l ipl Mm IIW a 2 . 16 �. • s 4. 0 "M PrONNOM P I WW MO M M I WI P. WON MW 1 72T. -Two M—COM .0 PPTIFF. T Mill 110 PM im VIP • ._ M E I Wsm IJATA IV, MTri- WN Wil N, 10111,11 Woo 1 I 1 1• 1 1• 1 1 I 1 1 I USAINAMOM1WHITOMMI • • r • _ Lil - To PMEICTM C. • r r, r r r r :: r ! _ r I MINIM M lIrl 111111 MIMP 21 I MarM IMP Imp I basins , pavement- ( 16) e w Management M er "M means th Manual Design N4mual (November- 1992) and sueh ether- stmidafds ef the City meefpefated in the "S ys te.v. Deyelopfn and Ger. Stand >\,re „„el ” (17) "Steimwater- system" shall mean all faetlities for- eelleeting, tfanspeAing, pumping, treating and dtsehar-ging stefmwmef (t\ (1 "TSS" d tr, \ (e „e.e total " s usp e nded e 41 nde solids) shat m a ter ials ,.,4 either fleat en the sur-fke `L � > > > sewage, l iqui d s, " Undeveleped n Vl VL11Va lllll./L,1 r ether . e 1V KJ J „.,f ee ee that aff the e t s the h - e„l.e « per4.es e f the par-eel (2) "Uneeeupied par-eel” shall mean real pfepet4y en whieh ne stmetum fequir-ing utility sei:viee exists (3) "User- shall mean any per-sen, business rtrell.r, er4 f r .,l,.el, „4.1.4. " „a w h e sill° f t ,IVilal Valllib ill VlJVl L' 1V1 Y. alaVll KLlll L,' Jail Y TJ provi � r� " eGe'{'�jT.� " Usef el" 1. 11 e f la within tl.e 4.1,4.. EVT J CT1��TTSIIT�JCIYIEC are R to whAeh , ,e4er s ewe r ste.-w water e e r,41„ r idea t L, to e is is imp esed 41.e«ef « etlLer e'l d . ,.tl, a flea t ,�. ad impef su .... aii..i..�..i� :. a.siJ ., aii..i L,i iauiu .Yiva Laii)' ...�iaiiavcal (G1 "Utility" L' 11 t y " s J h K11 ll lllV GQ „ the w ater - , • ,,, estee4e« , a ster..�.,,.,4e« „4.1,4., s ,stews `✓ f e City- (v) " Verifi ed stfen g t1, us er-2 shell a any use r- whos waste water - e (1\ e«i� 1. d was d t.t„erts d.ssel., d � " ��2��'$ ��r� nz w' a�czT F�aaa u n cviri�rra�- nr�-c�rsavrvctt-er suspended > d ise h e&ge d b y msi > fees -sys4em "Waster er is essentially synonymens wA the -teri "sewage " M\ "W ter- s ,ste.. " shall all f e,l.t.es f r eelleet, «e `4+ f ♦. KJLV YY KLVl J,' JLVlll J33 , tfmspe«4mg , ptffnping 7 7 C3 vrt &tHienrtra an a (4) "Water --tee ph a n w h t a t paftieular- fiver-, � -� .. �---"-- -�' -- -_� -.. •�• C "D ` - Y - - -- -- -b •val rYauaala v f Water D ese„«ee l A fees (Az: T A s\ as defi t Ch ap t er- 1 72 500 WAG G Water a�vvV aaa V V ail ♦ Va1LVi' L 11VKJ ` 11 1 \i[ iJ f KJ _ (e) "Wetla d s" Illy" s these ese a reas ., defined the G "'s n ,.,4,eM A r eas - ✓f .. VL1LL11 nr e.,ele«ee o f y e g et"t.e.., t..,..esll< t , ede f r lif in sa 1 een 1 ...... Kiviivv Vi • vbvaKLavai L' Y avuaa� uuVYwu - 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 usaize billing and payment activi 8 Stormwater Code Updates "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 rg_ ading "Averaize daily" shall mean the total quantity divided by the number of days of waste or stonnwater 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 distnbution 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, n hg t -of- way, debt service, and other costs associated with such improvements "Clearing" shall mean the destruction and removal of vegetation by manual, mechamcal, o_ r chemical methods This definition shall include grubbing vegetation " Cleanng and Grading Permit" shall mean the written approval of the City of Bremerton building inspector to Droceed with the act of clearing property within the city limits of Bremerton The Cleanniz and Grading Permit includes the associated approved plans and any conditions of approval as well as the pennit 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 111" 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 appro rp iately 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 9 Stormwater Code Updates "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 /1 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 installmiz the service and meter, restonng 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 facile 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 The channel or bed need not contain water year around This definition is not meant to include stonnwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass- through stream flows naturally occumng 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, dram conduit pool, storage reservoir, 1p umbing 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, dumper 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 stonnwater services "Degradation" shall mean detenoration 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 an ay_ ctivity 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 g ctivity excavation embankment fill and rg ade work, convertmiz fallow land or undeveloped land to agncultural purposes activity conditionally allowed, building or construction, revocable encroachment pennrts and septic approval 10 Stormwater Code Updates "Development area" shall mean an area where the movement of earth, or a chan a in the existing soil cover (both vegetative and non-vegetative) and/or the existing �pography 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 authonzed 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 Ma through hrough September "Duplex" shall mean a residential unit containing two separate dwelling units with an y 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 dned to near its o tip mum 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 "En mg eenng 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 Tlus 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 stonnwater 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 appropnate means 11 Stormwater Code Updates 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 wntten approval of the Director or their designee "Fill" means a deposit of earth material lap ced 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 facilitv "Fourplex" shall mean a residential unit contain four our separate dwelling units with any configuration or four dwelling units located on one parcel "Geolo ig cally 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 en mg_ eenng, and designated by the owner as the geotechmcal 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 rg ound "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 penneable 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 charactenstics 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 Krtsap Health Distnct Health Officer or designee "Hyperchlormated" means water that contains more than 1 Omg/L chlorine 12 Stormwater Code Updates "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 activi "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 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 opemngs to the wastewatersystem "Impervious / Hard Surface Unit" (IHSU) shall mean a configuration or conglomeration of impervious surface One (l) 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 paw 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 _j "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 ap roved by the public works department are not included in this definition 13 Stormwater Code Updates "Land development permit" shall mean a preliminary or final plat for a single - family residential development, a building_permrt, 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 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 prograin qpproved 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 comdors, 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 appropnate "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 authonty delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States whether the pennrt is applicable on an individual, group, or general area -wide basis 14 Stormwater Code Updates "Non - stonnwater 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 maintaimng the utilitysystem, 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 r�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 g ctivi1y has been completed "Permeable" shall mean soil or other matenal that allows the infiltration or passage of water or other liquids " Penneable pavement" shall mean pervious concrete, porous asphalt permeable pavers or other fonns of pervious or porous paving matenal intended to allow passage of water through the pavement section It often includes an aggregate base that provides structural support and acts as a stonnwater reservoir "Permit" shall mean a written legal authorization to conduct an action "Person" shall mean any individual, association, organization, p art nership, firm irm 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 penneable 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 hannful detrimental or injurious to the public health safety or welfare or to alter the ecosystem so as to endanger domestic, commercial, industrial, agncultural 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 15 Stormwater Code Updates (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 - 609231 "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 rg avrtypressure 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 utilitysystem by subsequent development for the facility defined in the agreement "Removal" shall mean the actual destruction or causing the effective destruction through damaging, oip soning or other direct or indirect actions resulting in the death of a tree or rg_ound 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, annuals mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair ofpropegy This defimtion does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance "Samim 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 genders, 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 carr , transport, or dispose of wastewater "Sedimentation" shall mean the process of rg avrty- 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 matenal pumped from an on -site wastewater disposal system such as a septic tank or cesspool or holding "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in Sormwater 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 l 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 numencal 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 16 Stormwater Code Updates she is a fifty (50) percent slope Expressed in degrees, the slope is the angle from the horizontal plane, with a mnety (90degrees slope being vertical (maximum) and forty-five (45) degrees being a 1 1 or one hundred (100) percent slope "Standards" shall mean the current En mg eermg Design and Construction Standards for the City of Bremerton "Standard construction costs" shall mean the total cost of installation of a utilrty_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 rg avity 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 rg avity sewer connection" shall mean a connection made to a rg aygy trunk or lateral sanitary sewer of the Cily, except those City sewer lines located on the waterfront or pressure sewer line "Standard stonnwater 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 distnbution line constructed in accordance with current En mg_eerm Design and Construction Standards "Stonnwater Management Manual" or " Stormwater Manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Manual for Western Washington, Kitsap County Stonnwater 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 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 person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stonnwater conveyance systems, and /or receiving waters to the maximum extent practicable "Stonnwater Site Plan" shall mean a comprehensive site plan and report containing all ll 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 Stonnwater Manual Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics " Stonnwater system" shall mean all facilities for collecting, transporting, ransporting pumping, treating and discharging stonnwater "Sub- basin" shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes 17 Stormwater Code Updates "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 defimtely 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 f 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 g tility 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 wluch a charge is imposed therefore, or any other land with any significant man-made impervious surface "Utility" shall mean the water, wastewater, and stormwater utilrtysystems 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 harge for usage Based on service location, other associated rates fees and charges may be gpplied to the customer's account "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or mdustnal users of the wastewater facilities system "Wastewater" is essentially ynonymous with the term "sewage " "Wastewater system" shall mean all facilities for collecting, transporting, ransporting, 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, ping transmission and distnbution of water "Watershed" shall mean a geogLaphic 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 18 Stormwater Code Updates "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 .4 1e 010 PUROSF ra� � ^. P v^ry v�varr. The ,e a e„ee ee,fied th seet,e« establish a .,,ha , e n d .. t,es of se,.,.,ee Vlbllll{111VVJ V ,l , requirements system impr-evement f the eellee a nd t«eet,v.ev,t of sui.a ee drai 15.04 . 020 COMP RE HE N SIVE PLAN. N A SteFmwater- Comprehensive Plan shall be developed by the DepaAmefA fneeting pr of RGW 3 7 67 030 The Plan shall be appr-evo� i adepted by ihe Git 15:04. 30 SERVICE . ete,..�,,,.ete.. se l a Y1VV IJ e .. sideed a to all of the pub he and p ete « e evffier-s residing within the seimviee area and drainage basins whieh eefAabute stefmwater- tfAe4he IJ�Vllll YY LLIVl JV T Lttil" cute...., either tl,,.e „el, ., l ,l,. ,l,,.eet d is eh ar-g e to t r-eeeiving v .��., v'v.�Vaia V1111V1 4111VM51111\A�{Al Kl ll1 C1111LL�VJ, tl11VV1 M , 15.04 040 REGUL REGULATED ACTIVITIES. , >.th the n ts e .,t,,...ed , th ceet,e� th C” s h a ll ...,..J.J�.,11� YY1111 .11., , u ..lees e i 1 5 04 041 (a) New Develepfn&4 (b) Redevelopment approve Y V Vl li1JA , u nless 15_.004 .041 EXEMPTIONS. 7 �etiltwe -,-and fefestpr-aettees reguWed uii' T i t le 222 « z-n AC, e3Eeept-�{�r Class 1V General forest pr-aettees tha4 afe eenver-steas ffem timber- land te other- uses, are exempt. 13 igim ngh4s of way is regulated by Chapter 1 -3 270 •�, '�Gthe Puget Setmd Hi ghway Rune All ether- new developmew and r-edevelepmen4 is 43jeet te the minimum requirements 0 this Or-dinanee 19 Stormwater Code Updates 15.04.042 SVST-EM DEVELOPMENT AND CONSTRUCTION STANDARDS. Cener-al BM be used to eentfel pellution ffem stemwatef BN4Ps sh be use te .41. 41.° 4n« .,. BMP « eei� �- ��.�- �,eE Manual Exile efi B ¢Ps in thes instanees w t° BN4Ps a r e n ot in the v' iur « r'aa l -,, solving problems in a manner- no4 addressed by the Manual in an eff-eft 4e impfwve stefmwatef quality 4eehaelogy Expef-imental BN4Ps must be approved in aeeer-danee with the appr-eval pr-eeess eutimed in the Manual The f V11V YY llew 111 n.. n ew VY 4V�' lopme sh be r e qui red to n. n4 e r-esten a nd n°a.ln °n4 a,.«.«,. 111V 1 deve lopme nt f f below Plaft 7 f single family r-esidenees and duplexes- G«°n4. naa.4. °n e f less th c 000 n ° f ,.f..... ....F °° n vaVKL1V11 Vl LL441L1 V11 Vl less L11LL11 ✓,VVV JL.t 4LLlV 1V ° 4 a r e a Land a.n4.,fb n° nn4..,.+.es e f l °nn 41.nn one (1 ) ., 7 possible shall be s4abilized with quaffy spa!! er- emshed r-eek te mintinize the tfaeking of Sediment en4e (2) Stabi}izatien e€ Denuded -Afeas- Set! stabilraatt All sui table 1 4 � vn�r�r ez£�e$eE� - S �r �e�p - �crrcav apprrca�ivrrvr n ef ground base - 4 t °°n. e areas to de s i gne d a maintained as appro by the City Rem Oetebef: 1 dwough April 30 ne setis shall r-emat f m ° th 7 d ays buffer- stfips, sediment baffier-s er- filtefs, dikes er- mulehing, er- by a eembinatien of these measures and ether- appr-epfiate BN4-Pq- mai ta ° n4.« ° «4n °a a «F of the i nte n d e d 4 ° (5 Other 1 MP A s lVEl411 L.r4 V,' City mer-eased runeff shall be applied (e) hafge Develepment Minimum Requirements (1) New develepme All « a°., °l,.«.i. ° n4 41.n4 . nl„a °n 41.° e r-ea 4 ten ef as 4 � 5,000 sqtwe 7 7 f and/or- land disturbing ae4tvity of 20 Stormwater Code Updates WON "1111 MIT, ' - rqw.q P . A. N I III I Well WA OWN IEP ap 0 IOWA NO.. Small Par Er - en.en and Sed nent..el Plan - The f ng e rosion a nd sed.w.ent nt..el r-equinme sh be met 30, ne soils sha4l r-emain expesed for- fner-e than 2 days Rem May 1 te September- 30, ne seils- shall r-emainexpesed for- mer-edian 7 days Prief te leaving the site, stefmwater- i9ineff shall pass tl...e....l, a LL JVQ ed at e « ,. nd a ed..nent tan , e .. ethe n ate BMPs Lill VLL�11 Llly 111 Tn the field , take a flag elea...ne limits an .. d/e w i- y setbaeks e JV11Jl11 V V/ Vli s.t..,e /eY. .t.eal a fe as a nd their buff e r -s , .. tees and d«a.naee e Sedie VL11 nt 1 p and trans ' pe ri meter - dikes ' n l. s ediment a ff a «n ' n >, a nd ete BMPs intended te tr-ap sedifnem4 on site AM! be eenstfueted as a fifst step in gfading These BN4Ps shall be ftmettenal before land distmbing aetivittes take plaee Eai4hen stfuetur-es sueh V dams dikes IV Cut and fill slepes- C a fill slenes shall be de si gne d a nd a nst....ete tl.at 11 _ .,.. � -- - --- - - -r --- � ---- -- �- �--�-a---» »..» �.,...... »� .�» ...... aaa»aaaa�a .aa ». .. aai minifnize er-esten in addition, slepes shall be stabtlized in aeeer-danee with 3(a) I .i rent «ell.« eff site due te mefeases in the > veleetty, Stab e e l. ��e �' ;; VLU cat.en e ..a f te ea«nels and e..tlet SS NI. Ste fm d..a «let « eteet.e« All stemi dfain inlets made epemble dunng eenstmetion shall be pr-eteeted se that stefmweAef runeff shall not enter- the eenve-yanee system witheut first being filtered er- ethefffise treated te remove sedime TT nd .,t.l" e nst lA The The «st ef..nde..e..e..nd .. t. lines shall til be s to the tbil evang t VVaaJ La NVLl Vll Vl L111LaV1 �.1VLLa1Li LLLII a «e feas n than f eet of trcn h snuii-be fner-e ep ed at a t Li (B) V efe a VIIn intent w ith i t safet and n e ..a n.det.e `L f ♦Y 11V1 V ' ed ate...al shall be nlaee en the uphill side eft«enel.e vAVM. NLVM ;l;LLLVi 1LL1 JallLll VV 1.J1GLVv (C) T..enel, de «e de...ees sh all d.ne . all l,a..ee .nt se nt �v� aavaivaa Lav Y. LLLVa illb laV Y1VY:J J11GLi1 ! stmet.e ..ten 22 Stormwater Code Updates ■ .,,• IRWIN PAIVIND MISS, Im. MINI Ilr= VIM O WIN NO _ . • • . . . • ■ . - • 1 I m mur I � � I MT Neill � 1 � 1 I 1 MT, KT 0 11111M p I V 1 �. ■ •_ .• PON SAMMINS • • . IN III I W IL11 .1- ...... MR 1. 1' 1 ■ 0 ■ 1. IL%W.11 vi "WArI11,11 kl W W IrdIVIE \ . ■ _ \ . • 21111111 ■ RE Nil INN" pq Lam ■ . _ _ WWW"M 1 011 IM.P.9 MR 11 I 1 ., i IIIM hi 41111K.11111ral rd ■ When maintenanee, > > due te Seetien, the City shall held the responsible pai4y liable fer- all eests of > > and 15.04.100 INTERRUPTION OF SER_N E. eustemef:s er€er- the pufpese ef making Fepair-s, ex4ensien, oether- neeesrar-" . er-k The \i71,e «e„e....e able a nd in eas „l.e «e it h ea.,e L«e tl,e«eef the 15 910 CHANGED SITE CONDITIONS-. ID 15.04.120 PRO IB . Vielattens under- this seetten shall be punishable as a misdemeaner- upAess ether-wise indieated Lot Un Tampering It s h a 4l be , «le,: f er- per-se tmiess d u l y thenzed by the > t e d ts t uf b , > > ine pipe, > t ee l s, b ui ld ings, > > eefiflee VA&, {b— Wei }te Liseh - it .,h be unlawful F « any per rce n Areause the disehafge tote any stefmwater- > pipe, > flle mme,..els and s„L.ste«ees ° ei" bbish, dea 1, 1, ei.str,et " cc - vvrri crrwi - vn�cr�a�r > > d fmn, (2) E - ee.e« .leb fis a nd .,e,7.«..e«ts f.e«. «st..,,et.e.. a ,.t.,... (3\ Any «ell„t.e« s deli «e,7 .« th eh «te the ste....«..,.,te.- system, �� < iaay Yvaauucn , , ' , animals gases in suffieteR4 quan4ity, either- singly er- by tfAer-aetien wAh ether- wastes te eoastitu4e hazar-d te humans or- ere a pu awsanee, of er-eate any hazard in the r-eeeiving w aters J�a A (A\ st.. v e«,. ee. uva u / « �.lil U l i ewe.. tha G G\ a alkaline (pH higher tha 4 G) e any ethef: ee"esive waste eapable ef eausing damage er- hazard te the stfue4ffes, equipment e per-sefinel ef the City ��J <ua) aa� (G) A se«t „ w astewater - 15.04.130 ELI MINATION THE WASTEWATER SYSTEW. (a) Pufpese 27 Stormwater Code Updates yr-w-mrP.TwIll M, ME M ■ • ■ wilop MY "Im 9 all WO • - •� ■ .e °- - - - �- ■ . a s ., a zMa m WrI • i � ii- iii 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 utilitysystem 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, Krtsap County Stormwater Management Manual, Low Impact Development LID) Guidance Manual for Krtsap 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 01020, 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 sew 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and rip vate property within the City of Bremerton Stonnwater service area includes all public and pnvate 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 30 Stormwater Code Updates 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the Cijy shall approve or disapprove the following activities, unless exempted in Section 15 04 080 below (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 nphts -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 stonnwater sewers and appurtenances shall be installed by the Department or a contractor in accordance with the manuals adopted in Section 15 04 020 above A covenant and/or easement shall be recorded with the Krtsap County Auditor's office for each property containing or served by stonmwater 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 pnvately held in individual or undivided ownership or intended for up blic ownership, shall restnct conversion of LID facilities and shall grant the City access to LID facilities on pnvate propegy to allow inspection maintenance and repair as required 15.04.100 LOW IMPACT DEVELOPMENT — ALTERNATIVE STANDARDS. (a) The Crty encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management ystems 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 he 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 Stonnwater Manual (c) A vanety of BMPs to minimize impervious surfaces and to manage stonmwater have been developed and tested for use in Western Washington These BMPs and the overall LID approach are descnbed 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 mimmum requirements for flow control 31 Stormwater Code Updates and runoff treatment in this chapter, subject to the specifications, performance standards, and design cntena 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 stone 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 unprovements 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 integrily, safety, and continuity of the stonnwater 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 an,, dies 32 Stormwater Code Updates 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 remedyprovided by law to secure entry and abate nonconforming, illeizal, unauthonzed, or unsafe conditions Such remedies may include but not be limited to, secunng property owner's correction revocation suspension or discontinuation of service, permits or authorizations removal reconstruction replacement or alteration of unauthonzed 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 junsdiction 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 Ci (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 responsible 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 habihty as a result of these duties Language designating the he responsible parties shall be printed on the face of the plat documents covenant easement or other agreement recorded with the Krtsap 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 authonty 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 mayl2erform such work and the cost thereof shall be recoverable by the Ci , from said titleholders or other responsible parties and/or by filing a lien against the properly (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 33 Stormwater Code Updates i Within 1 year for typical maintenance of facilities excel2t catch basins u Within 6 months for typical maintenance ui 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 appropnate methods of communication The City shall not be held responsible for any damage to a rip vate property resulting from rom interruption, failure of the stonnwater system or failure of the property owner to compl 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 stonnwater Utility Service Agreement shall be required if any existing stonnwater connections do not meet the current Engineering Design and Construction Standards However, this requirement shall only gpply 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 pumshable as a misdemeanor and subject to conditions of BMC 15 04 210 unless otherwise indicated (a) Unlawful Tampenng It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with or damage any stonnwater facilities including pipe, machmerv, tools, buildings, mprovements 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 sormwater (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, 34 Stormwater Code Updates 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 heatina 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 We of discharge whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater 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 illegal discharges for the purposes of this chapter, if they meet the stated conditions or unless the City determines that the We 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 35 Stormwater Code Updates (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 Ip an (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 ewage 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) 10 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 10 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 36 Stormwater Code Updates 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 necessM 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 mnety((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 rp lority 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 chanter 15.04.210 VIOLATION ENFORCEMENT — PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 104 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(1) 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 geotechnlcal report per subsection (c) of this section 37 Stormwater Code Updates (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 ue utilize 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 arbonst 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 38 Stormwater Code Updates 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 arbonst 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 1 st to October 1 st, 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 94090, Stormwater Systems / Engineering Design and Construction Standards General 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 39 Stormwater Code Updates 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 1.ralSystefn Development and Genstmetten Standards 0) Significant Development Risk In cases where a geotechmcal 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 (1) 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 Krtsap 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. Severabrhty 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 M , 2013 W 6REC(!� ELER, Council President nn lfh Approved this RK ` day of , 2013 PATTY , M or 40 Stormwater Code Updates ATTEST APPROVED AS TO FORM ANNON CORIN, City Clerk ROGER A LUBOVIC , PUBLISHED the & M� day of f 0( rr-lk , 2013 EFFECTIVE the b day of / ' , 2013 ORDINANCE NO 5209 R TegalTegal\Ord►nancesTubl►c Works & Utilities \Title 15 Updates 2013 \Chapters 15 01 & 15 04 Final doc 41 Stormwater Code Updates AFFIDAVIT OF PUBLICATION Account #42742 AD# 20132252 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said tune, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on March 26, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $36 45 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 29, 2013 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission' Expires February 04, 2014 ORDINANCE NO 5209 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 PASSED by the City Council on the 20th day of March, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 March 26, 2013 Ad# 20132252