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HomeMy WebLinkAbout5310 ORDINANCE NO. 5310 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 1 S of the Bremerton Municipal Code entitled"Municipal Utilities"by amending sections of Chapter 15.01 entitled`�General Provisions", Chapter 15.04 entitled "Stormwater" and Chapter 15.06 entitled "Assessments, Rates, Fees and Charges"relating to Low Impact Development. WHEREAS,the City Council desires to update the provisions of Chapter 15.01, Chapter 15.04 and Chapter 15.06 of the Bremerton Municipal Code relating to Low Impact Development and to make related changes;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01.020 of the Bremerton Municipal Code entitled "Definitions" is hereby amended 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) Definitions "A": "Active account" shall mean an account that has current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service location has registered consumption. "AKART" shall mean a11 known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 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. (b) Definitions "B": "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 backflow. "Best management practices (BMPs)" means the schedules of activities,prohibitions of practices, maintenance nrocedures, and structural and/or mana erial practices,that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washin on State. , , �,.,� ,. „ +„..o�;,,�.�.. �o.,a .� „ ao�:.oa ,. „�� 1 Title 15 BMC—Municipal Utilities "BOD (biochemical oxygen demand)" means an indirect measure of the concentration of biological�de�radable materials present in or�anic wastes. The amount of free oxygen utilized by aerobic or�anisms when allowed to attack the organic material in an aerobically maintained environment at a�ecified temperature(20°C) for a specific time period(5 days), and thus stated , as BODS. It is expressed in milli�rams of oxygen utilized per liter of liquid waste volume (m�/1) or in milli�rams of oxy�n per kilogram of waste solution(mg/kg�ppm=parts per million parts). Also called biolo ic� al oxy�en demand. *'�� � �*;'�. ��^��,�-�� „*;';��a ;^ *'��'�;^^��m:^�' > > "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. (c) Definitions "C": "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. "City" means City of Bremerton. "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 nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L. "Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401)to six hundred (600) mg/L. "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201)to four hundred (400)mg/L. The commercial III user shall have some form of pretreatment 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 agriculture" shall mean 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 laid idle for more than five (5) years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance or irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. 2 Title 1 S BMC—Municipal Utilities "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. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids(TSS)and biochemical oxygen demand(BOD) exceeds six hundred one (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. "Condominium (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 char�es 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 azound. 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 Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby the City water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit,pool, storage reservoir, plumbing fixture, or other device which conta.ins or may contain conta.minated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. "Cubic feet(CF)" shall mean cubic feet of ineasure. (d) Definitions "D": "Deactivated meters" shall mean utility accounts where the customer requests the water meter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater until the meter is reactivated. "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. 3 Title 1 S BMC—Municipal Utilities "Department" shall mean the Department of Public Works and Utilities. "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. "Development" shall mean any new development andlor redevelopment activity that requires federal, state,or local approval for the use or modification of land or its resources. 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]and or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. "Development area" shall mean an area where the movement of earth or a change in the existing soil cover(both vegetative and nonvegetative)and/or the existing soil topography occurs as a result of an applicant's development plans. "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. �� �� �+,.o.,�.., „ „+�,o,.�.,,a„„�.,,.,+o,. �� �� � � �,.,.�,.o. ,.,+o,.,..,..,.��.,,;��.;,, �i,o �;.o "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. 'nij�ease�' "n---�-inet -'H]-�e-1�3e1��i�-O�&�tz�'iirv^'a'^gn�'-vcp�cnincr. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two(2) dwelling units located on one parcel. (e) Definitions "E": "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 twelve (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 ineasurement 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. 4 Title 1 S BMC—Municipal Utilities "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 title, "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; 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 a11 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. (fl Definitions "F": "Facility" means any food processing establishment, food sales establishment, or food service establishment. "Fats, oils and greases" means organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Commonly referred to as "polar." "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. "Food" means any raw, cooked, or processed edible substance, ice,or ingredient used or intended for use or sale in whole or in part for consumption. "Food processing establishment(FPE)" means a commercial establishment in which food is manufactured or packaged for consumption. "Food sales establishment(FSE)" means retail and wholesale grocery stores,retail seafood stores, food processing plants,bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises. "Food service esta.blishments (FSE)" means any establishment for the prepazation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or are required to have a food business permit issued by Kitsap County Department of Health. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called. "Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. 5 Title 1 S BMC—Municipal Utilities "Fourplex" shall mean a residential unit containing four(4) separate dwelling units with any configuration or four(4)dwelling units located on one(1)parcel. (g) Definitions "G": "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. "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, qua.lified 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. "Grading" shall mean the movement of earth material through mechanical or other means to create the fmished surface and contow of a project site. "Grease" means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food. "Grease interceptor" means an interceptor of at least seven hundred fifty(750) gallon capacity whose rated flow exceeds fifty(50) gallons per minute (gpm)to serve one (1) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("gray water")to discharge to the wastewater collection system by gravity. "Grease removal unit" means a device designed to separate fats, oils, and grease from liquid waste prior to the wastewater entering the wastewater system. "Grease trap" means a device located inside a food service facility designed to retain grease from one (1)to a maximum of four(4) fixtures whose rated flow is fifty (50) gallons per minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means. "Grinder pump" shall mean a system that takes liquid wastes from a home/business and pumps the waste to the City's sewage conveyance system, located in the public right-of-way. The grinder pump system includes a pump,pump basin,piping, and electrical controls. "Ground cover" shall mean a dense covering of small plants and agr sses^'��*� �•�^� �� ��'�' ��•�� , , ��� �*��r*�.��� ^��,�R�*�*;^^ with a trunk or stem size less than four(4) � .r, �� „�. �� ,. inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratwn beneath the surface of land or a surface water body. "Grubbing" shall mean the act of removing vegetation by the roots. (h) Definitions "H": "Hard surface" means 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 6 Title 1 S BMC—Municipal Utilities 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 OfFcer" shall mean the Kitsap Health District Health Officer or designee. "Hundred cubic feet(HCF)" shall mean hundred cubic feet of ineasure. "Hyperchlorinated" means water that contains more than ten(10) mg/L chlorine. (i) Definitions "I": "Illicit connection" means any manmade conveyance that is connected to the stormwater system 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. "Illicit discharge" means any direct or indirect nonstormwater discharge to the City's storm drain system, except as expressly exempted by this chapter. "Impervious/hard surface unit (IHSU) (ISU)" 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, curta.in drains, driveway drains and sump pumps. "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. "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 nonpayment, 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. "Infiltration(Stormwater)" shall mean the downward movement of water from the surface to the subsoil. "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. (j) Reserved. (k) Reserved. (1) Definitions "L": "Lakes" shall mean natural or artificial bodies of water of two (2) or more acres and/or where the deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. 7 Tit[e 1 S BMC—Municipa[Utilities "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 standard gravity sanitary sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. "Low impact development(LID)" shall mean stormwater and land use mana�ement strategy that strives to mimic pre-disturbance hvdrolo�processes of infiltration, filtration, stora� evaporation and tran�iration byemphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a proiect desi�n• � , , > > > (m) Definitions "M": "Mechanical equipment" shall mean a11 motorized equipment used for earth moving,trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Minimum design capability" means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to wastewater system. "Multifamily 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, manmade channels, or storm drains, which are: (l) Owned or operated by the City of Bremerton; (2) Designed or used for collecting or conveying stormwater; and (3) Not part of a publicly owned treatment works(POTW) and not a combined sewer. (n) Definitions "N": �� �� , � ��,.�:,,.,�,to „ ,,,�;,,;a,,.,� ...,� ., .,;ao�..,�;� � � �� � o 0 �� �� , � , , , , � , • "Native Growth Protection Easement(NGPE)" shall mean an easement granted for the protection of native ve�etation within a sensitive area or its associated buffer. The NGPE shall be 8 Title 15 BMC—Municipal Utilities recorded on the appropriate documents of title and filed with the Kitsap County Assessors Office. "Natural location" shall mean the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either����from maps or photographs,or such other'���r.�*�rmeans as appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist. "New development" shall mean land disturbin�activities, including Class N -general forest practices that are conversions from timber land to other uses; structural development, includin� construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meetin�the definition of redevelopment shall not be considered new development. . , , , ; � � "Nonpolar(mineral origin)" means any water or waste which contains more than one hundred (100)parts per million(1,000,000)by weight of fat, oil or grease as measured using analytical procedures established in 40 CFR Part 136. "Nonstormwater discharge" shali 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. (o) Definitions "O": "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. "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. "Outfall" shall mean point source as defined by 40 CFR.122.2 at the point where a discharge leaves the Permitee's MS4 and enters a surface receivin�water body or surface receivin��waters. �;�^����-�� *^�•,�*��� ^�*'�� �*�*� 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). (p) Defmitions "P": "Parcel" shail mean a distinct tract, section, or plot of a piece of land, usually a division of a larger area. "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. 9 Title 1 S BMC—Municipa[ Utilities "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. �� �� �n..� a�n1-.iv��r��e nn4��n+c��r�n �ear� n�mr��o4o� "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, gravel ave or other forms of structural 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. "Polar(animal and vegetable origin)" means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers. "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, defimental 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(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. "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. "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. (q) Reserved. (r) Definitions "R": 10 Title 1 S BMC—Municipal Utilities "Redevelopment"means conversion of an existin dg evelopment to another land use, or addition of a material improvement to an existin d�evelopment. "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 insta.11ation 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 resutting in the death of a tree or ground cover. Rendering/Disposal Company. Any facility that has a grease interceptor shall utilize a licensed rendering and disposal company. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. "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. (s) Definitions "S": "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 wastewater 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 tanlc. "Siltation" shall mea.n 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 mea.n 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 horizonta.l 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 slope is a fifty (50)percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety(90)degree slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100)percent slope. "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 11 � Title 15 BMC—Municipal Utilities 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 laterai 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 cunent Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater Manual" shall mean the manuals adoQted in Chapter 15.04.020 BMC. �� �� �� �� �c�irn�rn�r�xnx�� Tr;+�,,., r,,,,,,+., e�,,,...,.,,,,+o,.�,r.,,,,,,,o,,,o„+ ��r�,,,,.,i .,,,a +ko_L,,.s,T,n � �--1' —-----v —------..�-=- ------o=---=--- -�--------- ----- ----' =- -� ---r---"- Tlo..ol��w�o.+� !T iTl\ ('_..��1.�....o AA.��».�1 �r TI�4o�r(`n»r1i� I_c�ss�iw�r�.�ni�_Dai�nl�+...�.0..4 To..l.r.�i.�l � n n . � � • .a...,�,,;,,,,� .,.,a ,,,.+o� ,70�..,.;L.o,,,l,o«o �,,,a .,,l,o.. �1,v.,�,.;.,,,o R�AD� �1,.,,,l.l 1� ;,,�*�Llod__tl,o � � � ,c++omn r��/�•.�oi.o;.�i.�rr. ,�4u.�c. k�*�.o m vir�iim uv4ur�4�.�4inn��a ' n 11 ll o�41.0.+.��ion4 .�� ir��is�ia..n� oi4o n�2rni.fo�t.tic.a_ ' n "Stormwater system" shall mean all facilities for collecting,transporting, pumping,treating and discharging stormwater. �� �� s�y�ese� "Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. 12 Title 15 BMC—Municipal Utilities "SWMMWW" shall mean the current version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington. (t) Definitions "T": "Total suspended solids(TSS)" 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 using the current accepted Standard Analytical Laboratory Methods Manual. "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "Triplex" shall mean a multifamily residential unit containing three(3) separate dwelling units with any configuration or three (3) dwelling units located on one (1)parcel. (u) Definitions "U": "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or 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. "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 therefor, or any other land with any significant manmade 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. (v) Reserved. (w) Definitions "W": "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 biosolid 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. 13 Title 1 S BMC—Municipal Utilities "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 adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. �� �� SECTION 2. Chapter 15.04 of the Bremerton Municipal Code entitled "Stormwater" is hereby amended to read as follows: 15.04.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system. 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: (a) Department of Ecology Stormwater Management Manual for Western Washington(SWMMWW); (b) Kitsap County Stormwater Management Manual for the h, d�rologic analysis and design of stormwater infrastructure not covered bv the SWMMWW� ' � �,, r „ , r.�.�,,,.+ no,.ol..«.�,o.,+/i TTl\ !'_,,:a.,..,.v�►,r.,..,,,,� �,.rr;+�,,.. r�,,.,,,�.. � � (dcJ Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and (ecii) Engineering Design and Construction Standards. Where referenced, and adopted manuals, are in conflict, the SWMMWW shall govern. 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.O1.020, the definitions below and those set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. Where definitions provided below conflict with the manual, the definitions below shall prevail. In the context of stormwater management, if definitions in this section conflict with definitions in BMC 15.01.020 or other BMC Chapters,the definitions set forth in this section shall prevail. . . .. , ���li�i6�3@�f�+t, ;., ur�rr �c•n�-o��iFa�i-�; "Bioretention" (also referred to as Bioswale in other chapters of the BMC) means en�ineered facilities that store and treat stormwater by passinQ it through a specified soil rp ofile, 14 Title l5 BMC—Municipal Utilities and either retain or detain the treated stormwater for flow attenuation. Refer to Chapter 7 of Volume V of the stormwater manual in BMC Chapter 15.04.020 for Bioretention BMP tyues and desi�n specifications. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other bod�of water. "DrX season" shall mean the months of May 1 through Sentember 30. "Low impact development(LID)" shall mean a stormwater and land use mana eg ment strate�y that strives to mimic pre-disturbance h dY rolo�processes of infiltration, filtration, stora�e, evaporation and transpiration bv emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater mana e� ment practices that are inte�rated_into a project desi�n. "Low Impact Development Best Management Practices (LID BMPs)" shall mean distributed stormwater mana eg ment practices, integrated into a project desi�,that emphasize pre-disturbance hydrologic processes of infiltration, filtration, stora�e, evaporation and transpiration. LID BMPs include,but are not limited to, bioretention/rain ar� dens, permeable pavements, roof downspout controls, dispersion, soil qualitv and depth, minimal excavation foundations, ve�etated roofs, and water re-use. "Low impact development(LID�principles"means land use mana�ement strategies that emphasize conservation, use of on-site natural features, and site plannin�to minimize impervious surfaces,native vegetation loss, and stormwater runoff. "Maintenance Covenant"means a covenant running with the land pursuant to Revised Code of Washin on (RCV� 89.12.060, shall bind every person havin�y interest in the Propertv and the Stormwater Controls, and shall be binding upon and inure to the benefit and burden of the Owner, and their respective heirs, successors and assigns, in a format provided b� the City. The covenant shall identify stormwater system ownership, responsibilitv, and liability for the o�eration, maintenance and reporting for the stormwater svstem, facilitv,or LID BMPs and protect them from conversion or elimination in perpetuity, It shall be recorded with the Kitsap County Assessor's Office. "Maintenance schedule" means a document detailing required storm water facilitv maintenance activities to be performed at specified intervals. "National pollutant discharge elimination system (NPDES) stormwater discharge permit" shall mean a Qermit issued by the Environmenta.l Protection A encv (EPA) (or by the Washin on Department of Ecology under authority dele a�d pursuant to 33 USC Section 1342�b))that authorizes the dischar�e of pollutants to waters of the United States, whether the permit is applicable on an individual, �roup, or �eneral area-wide basis. "Operation and maintenance manual"means a written manual,that provides a description of operation and maintenance�rocedures for specific storm water control facilities, for use bv operation and maintenance personnel. "Owner"means any.nerson orpersons having a le al or equitable propertv ri h� t or interest, whether or not said ri h� t� is le�or equitable in character, includin�a fee owner, contract purchaser or seller, mort�a�or or mortga eg e,optionor or optionee, and beneficiary or grantor of a trust or deed of trust. "Sub-basin" shall mean a drainage area that drains to a water-course or waterbod�h is contained within a basin. "Stormwater Manual" shall mean the manuals adopted in Chapter 15.04.020 BMC "Wet season" shall mean the months of October 1 through Apri130. 15 Title 1 S BMC—Municipa!Utilities 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 Mana ement Pro�plan shall be administered by the City 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. 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 BMC 15.04.080: (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 WAC Title 222, 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 chapter. 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Departrnent or a contractor licensed in accordance with the provisions of this chapter in compliance with the manuals adopted in BMC 15.04.020. All stormwater system extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, 16 Title 1 S BMC—Municipal Utilities require installation of stormwater mains larger than the minimum sized specified in the Engineering Design and Construction Standards to provide for adequate capacity within the stormwater system. T'he Department is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwater mains or other improvements based upon the stormwater comprehensive plan. 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 covenantleasement sha11 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 �rant the City access to LID facilities on private property to allow inspection. 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. Beginning January 1, 2017,the City will require the use of low impact development best management practices, for new development and redevelopment, in accordance with its National Pollution Discharge Elimination System (NPDES)permit as issued, and as may be amended, by the Washington State Department of Ecology. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, 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 SWMMWW and additional guidance is provided in the LID Manual. (d) The menu of LID BMPs identified in the SWMMWW are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the��SWMMWW 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 covenantJeasement shall be in a form approved by the City Attorney. The covenantleasement 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. 17 Title 1 S BMC—Municipal Utilities 15.04.110 SERVICE CONNECTIONS. All service connections sha11 be installed by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020. The service connections shall be extended at right angles from the stormwater system to the property line and shall be maintained by the property owner. During improvements to a site where the existing stormwater connection does not meet current Engineering Design and Construction Standards, requirements of the standards shall apply if the improvements can be installed for twenty-five percent(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. lHSUs 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 redevelopment 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 and Construction Standards and the requirements of this chapter. 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 this chapter and Engineering Design and Construction Standards and will be subject to abatement under BMC 15.04.140. 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 downstrea.m from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the stormwater system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Engineering Design and Construction 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 if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming, illegal,unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect conditions 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 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, securmg property owner s conection; revocation, suspension, or 18 Title 1 S BMC—Municipal Utilities 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. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments,rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE- GENERAL. 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 shail not be responsible for servicing private systems connected to the City's stormwater system, except as provided in this chapter. When maintenance, repair, or replacement of the City's stormwater system is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments,rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 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,the approved pernvts, and/or in accordance with the current Engineering Design and Construction Standards. (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 rema.in responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual,this chapter, the approved permits, and/or in accordance with the current Engineering Design and Construction Standazds 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 covenantleasement shall be in a form approved by the City Attorney. (2) All new development and redevelopment that installs OR expands existin� stormwater infrastructure,treatment and/or quantitv control shall submit a maintenance covenant and maintenance,plan,that will run with theproperty,their heirs and assi�ns. The covenant shall include a site plan with details of all components used in the system such as pipes, catch basins, . LID BMPs, and green stormwater infrastructure; the covenant shall identifxparties res�onsible and liable for the operation and maintenance of said facilities. The maintenance plan shall include all system components, features, maintenance schedules and reportin�requirements. Upon acceptance, the covenant shall be recorded with Kitsap Countv Auditor's Office. (3) A maintenance covenant shall be recorded for rain gardens, or other green stormwater infrastructure (GSI) installed on private property with Bremerton Utilities financial assistance. The property owner accepts responsibility to maintain and operate the feature as 19 Title 1 S BMC—Municipa[Utilities defined in the covenant unless released bv the City throu�h a recorded instrument filed with Kitsap CountYAssessor's Office. (4) A maintenance and inspection report for stormwater systems shall be submitted annuallv to the Director bv February 28th of each vear to document maintenance of stormwater facilities for the receding year. The report shall contain: the date maintenance and/or inspection tasks were completed and a summarv of stormwater facilities including catch basins, LID BMPs, quantit�and quality features. (�5� The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance andlor repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs,the Director may abate the condition, by either making the corrections or by termination of the water service until the connection is made and/or by filing a lien against the property. (36� When an inspection identifies an��^��a�^�� �xceedance of the maintenance standazd or a nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule: (i) Within thirty(30)days for typical maintenance of facilities. (ii) W ithin one (1) year for maintenance that requires capital construction of less than twenty-five thousand dollars($25,000). 15.04.170 INTERRUPTION OF SERVICE -EMERGENCY. The Department may restrict the use of the stormwater system through regulation or control of the use whenever an emergency exists affecting the stormwater system, or for the purpose of making repairs, extensions,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, setting forth any limitations on the use of the stormwater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to a private properiy 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 utility service agreement shall be required if any existing stormwater connection does not meet the current Engineering Design and Construction Standards. Prior to entering into a new utility service agreement, the stormwater connection shall be videoed and approved by the Director for reuse. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner's expense. . 15.04.190 PROHIBITED ACTS. It shall be unlawful for any person to violate the following: (a) 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. 20 Title 1 S BMC—Municipal Utilities (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 andlor solvents; Domestic animal wastes; Drain cleaners; 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 gavel; 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 Discha.rges. 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 groundwater: Air conditioning condensation; Discharges from emergency firefighting activities; , Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; 21 Title 15 BMC—Municipal Utilities 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 dischazges 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 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 hydrosta.tic test water. These planned discharges sha11 be dechlorinated to a concentration of 0.1 ppm or less, pH- adjusted, if necessary and in volumes and velocities controlled to prevent resuspension 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. (3) Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system. (4) Street and sidewalk wash water,water used to control dust, and routine external buildin�wash down that does not use detergents. These dischazges 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) Nonstormwater 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 nonstormwater 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 coniinue. / n4 ovnooan 4�e ����asnr�rt�a��v r„nvirv�i�rr� r����i�4n.�+ �.rr�i4c.• � � n...,,.,,.,•� cn n n,,.ir . 22 Title 15 BMC—Municipal Utilities �e�r,, n �n..,,.ir �,�....:,,,,., n ��n�gn r�,,,,,,,,;,,,,,, r�,��.�� n�c .,�.,.n �iv�a�irC't�} � n „�..��1 �j'-cniiQc�c .�-�r"8z �l:�e�.,l� n,�� �� �•�-�-��,� ��� . �iC-�coi n�n,,,.,ir c:i.,o,.� .,t� n �n ..,�.R ,�rrci� .1.-vZirgrc 7;,,.. 7 !1 ,,,R/T 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 health and welfare; and to maximize efficient operation of the wastewater system and treatment plant. (b) Stormwater connections to the wastewater system are 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. (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. 3 23 Title 1 S BMC—Muhicipal Utilities 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 sha11 be guilty of a misdemeanor pursuant BMC 1.12.020, Penalties. SECTION 3. Section 15.06.050 of the Bremerton Municipal Code entitled "Rates- Stormwater" is hereby amended to read as follows: 15.06.050 RATES- STORMWATER. (a) Surface Drainage/Stormwater Rates. A general retail stormwater rate shall be assessed on all property within the City. Rates shall be determined by the approximate amount of impervious hard surface area of developed parcel, including publicly owned property and right-of-way. Impervious surface, measured in equivalent impervious hard surface units(IHSUs) shall be determined for each individually developed property, except single-family or duplex uses which shall be assigned the minimum rate. Payrnent of a surface drainage/stormwater rate does not guaranty that property subject to the charges will always or at any time be free from stormwater flooding or flood damage or that stormwater systems capable of handling all stormwater events can be cost effectively operated or maintained. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the assessments, rates, fees,and charges set forth in this chapter established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious hazd surface area of the property. The impervious surface area, measured in equivalent impervious hard surface units (IHSUs), shall be that used for the stormwater rates elsewhere in this chapter. Payment of the improper stormwater surcharge shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. The service rate for maintaining an improper stormwater inflow connection to the wastewater system will be identified on the utility billing statement as "stormwater facilities impact" fee. (c) Stormwater rate classes are as follows: (1) Residential. (i) Stormwater I. The basic stormwater service rate. (ii) Stormwater II. This rate consists of the basic stormwater fee,plus fifty percent(50%) of the current stormwater fee as the "stormwater facilities impact" fee. This class may have a driveway drain of not more than four hundred(400) square feet of impervious surface draining into the wastewater system and no other improper connection to the wastewater system. (iii) Stormwater III. This rate consists of the basic stormwater fee, plus one hundred percent(100%) of the cunent stormwater fee as the "stormwater facilities impact" fee. This class has a driveway drain with more than four hundred (400) square feet of impervious 24 Title I S BMC—Municipal Utilities surface draining into the wastewater system and/or more than one (1) improper connection to the wastewater system. (2) Commercial. (i) Commercial I Stormwater. The basic commercial stormwater fee. (ii) Commercial II Stormwater. The basic stormwater fee, plus fifty percent(50%) of the current stormwater fee as the surcharge. This class may have no more than four hundred(400) square feet of impervious surface where stormwater runofF is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the wastewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the wastewater system. However,roof runoff from the canopy is not allowed to be connected to the wastewater system. This class may not have more than one (1) improper connection to the wastewater system. (iii) Commercial III Stormwater. The basic stormwater fee,plus one hundred percent(100%)of the current stormwater fee as the "stormwater facilities impact" fee. This class has more than four hundred (400)square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the wastewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the wastewater system. However, roof runoff from the canopy is not allowed to be connected to the wastewater system. (d) Rate Adiustments. Rate adjustments for water quantity and water quality pursuant to the assessments, rates, fees, and char�es set forth in this chapter will be applied to all multifamily(three (31 or more units), commercial, and industrial development which provide for the installation of on-site water�uality and quantity improvements which includes pervious surfaces or anv other improvements that meet all En ineering DesiQn and Construction Standards. Eli i�bility will require the treatment and reduction of the amount of stormwater discharges prior to entry into the stormwater system and the reduction of the amount of stormwater discharges into the stormwater svstem. This stormwater qualiiy and quantitv mitigation shall be required to demonstrate compliance with Minimum Requirement#5, Minimum Requirement#7, Minimum Requirement#8 and the LID Performance Standards as required by the SWMMWW. All new development will be required to install water quality and 9uantity improvements prior to connection to the stormwater system and will receive the rate adjustment upon successful comQletion of the instaltation. For purposes of the rate adjustment, the amounts of discharge shall be se�regated into like customer classes based on their respective stormwater discharge quantity and/or discharge quality. Application for buildin�permits or fill/�rade permits must include standard stormwater qualitv and quantity improvement plans. , � , > > . , 25 Title.1 S BMC—Municipal Utilities . , • > > > > > > > �.,,�oa „ ., *.,,o,,,-�, �;.,o i�c�. �+,,,.,., The facts set forth in this subsection shall apply only if the on-site or other facility that has received an adjustment in its rates is maintained and operated in accord with this chapter and the Engineering Design and Construction Standards applicable at the time of billing. In the event that the D'uector determines that the system is not properly operated and maintained, the rate reduction shall be discontinued until deficiencies are corrected in addition to other remedies provided in this chapter. (e) Exempt Properties. (1) All parcels of property that are undeveloped. (2) All public rights-of-way. (� Public School District Properties. Parcels owned or leased by public school districts which provide activities which directly benef t the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by the Director, based upon the cost of the activities to the school district,but not to exceed the value of the activity to the stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in stormwater management service charges will�only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjustment for the school activity may be applied to any parcel in the stormwater system service area which is owned or operated by the school district. In order to remain eligible for the rates, the applicant shall be required to reapply every year and submit the request to the Department. (g) Implementation Schedule for Annexed Properties. When annexed to the City, all multiple-family and commercial properties with two (2) or more IHSUs will receive the rate adjustments described above per IHSU for two (2) years from the date of annexation; provided, the property owner submits engineering plans and specifications for on-site stormwater quantity and quality improvements for their property within nine (9)months of annexation, and said plans are approved by the Departrnent according to Engineering Design and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being charged at the retail stormwater rate beginning two (2) years from annexation. SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision sha11 not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. . 26 Title 1 S BMC—Municipal Utilities SECTIDN S. Eff'ective 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 l�fUl��{/y� b� , 2016 � ERIC YO GER o cil President Approved this��ay of ��C%�?2��� , 2016 PATTY LENT ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk RO ER A. LUBOVICH, City Attorn PUBLISHED the �� day of /`� Q`!'!�� , 2016 EFFECTIVE the �— day of Gf��`YI , 2016 ORDINANCE NO. .�%D R:�L.egal\Legal\Ordinances�Public Works&Utilities�BMC Title 15-LID Update 2016.docx 27 Title I S BMC—Municipa/ Utilities ORDINANCE NO.5310 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" by amending sections of Chapter 15.01 entitled"Gen- eral Provisions," Chapter 15.04 entitled "Stormwater" and Chapter 15.06 entitled "Assessments, Rates, Fees and Charges"relating to Low Impact Development. PASSED by the City Council on the 2nd day of November, 2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. NOV.8,2016 AD#1348405 AFFIDAVIT OF PUBLICATION Account#342133 AD#1348405 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times 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 publi- cation 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 time,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 November 8, 2016 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$69.16. This amount has not been paid in full. � zZ (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 8, 2016. A1) m Q. 1MISSIO4i • : V:4G*OTA F� % *: "off • • Or `klAn cc. . -3l4f)