HomeMy WebLinkAbout5427ORDINANCE NO. 5427
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 15 of the Bremerton
Municipal Code entitled "Municipal Utilities."
WHEREAS, the City Council desires to amend Title 15 of the Bremerton
Municipal Code entitled "Municipal Utilities" to update provisions of Chapter 15.01 entitled
"General Provisions," Chapter 15.02 entitled "Water," Chapter 15.03 entitled "Wastewater," and
Chapter 15.04 entitled "Stormwater" and to make related changes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection 15.01.020(c) of the Bremerton Municipal Code entitled
"Definitions `C"' is hereby amended to read as follows:
15.01.020 DEFINITIONS.
(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 two
hundred one (201) to four hundred (400) mg/L.
"Commercial III" 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 IV" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from six
hundred one (601) to eight hundred (800) mg/L.
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"Commercial V" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from eight
hundred one (801) to one thousand (1,000) mg/L.
"" Commercial VIshall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand one (1,001) to one thousand two hundred (1,200) mg/L.
"Commercial VII" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L.
"Commercial account with high conductivity" shall mean an account that discharges
conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes
three (3) times during any thirty (30) day period. The account will be billed the commercial
special rate as published in the City of Bremerton utility rates and fee schedule.
"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 lain 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 of irrigation ditches, laterals, canals, or drainage ditches
related to an existing and ongoing agricultural activity.
"Commercial business with living units" shall mean a business with residential living
units attached; the utility rates will be based on the business type and the number of residential
units.
"Commercial property" shall mean a parcel of property which is developed for
nom•esidential purposes.
"Commercial special" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds
one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>)
6.0 mS/cm. 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.
"Conductivity" shall mean the measurement of electrical conductivity as an indicator of
water quality. Conductivity data can determine concentration of solutions, detect contaminants
and determine the purity of water. A conductivity sensor measures conductivity by AC voltage
applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid),
where the current flows through the electrodes and the sample. Current level has a direct
relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens
(S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized
measurements are expressed in specific conductivity units (S/cm) to compensate for variations in
electrode dimensions. Conductivity measurements, along with temperature, also allow for
salinity values to be calculated through algorithms.
"Connection fee" shall mean charges made for connection to the utility system. The
connection fees will include the costs of tapping the water main, �• ^*^m r aiH
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installing the service and meter, restoring the surface, and all other costs associated with the
physical connection of the customer system to the City utility system.
"Construction charge and special fees" shall mean those charges made by the City to
,over its unreimbursed construction costs for installing special facilities not covered by
connection fees and general facility fees.
"Contract user" shall mean any user who, by virtue of the amount, strength, or location of
its discharge or the conditions of service, requires a contractual basis for service to be equitably
served.
"Creek" shall mean those areas where surface waters flow sufficiently to produce a
defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments
or the removal of vegetative litter or loosely rooted vegetation by the action of moving water.
The channel or bed need not contain water year around. This definition is not meant to include
stormwater runoff devices or other entirely artificial watercourses unless they are used to store
and/or convey pass -through stream flows naturally occurring prior to construction.
"Critical area" shall mean any area designated as a critical area pursuant to RCW
36.70A.170 and 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 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 City water system as a result of bacicflow. Bypass
arrangements, jumper connections, removal sections, swivel or changeover devices, and other
temporary or permanent devices through which or because of which bacicflow could occur are
considered to be cross connections.
"Cubic feet (CF)" shall mean cubic feet of measure.
SECTION2. Subsection 15.01.020(r) of the Bremerton Municipal Code entitled
"Definitions `R is hereby amended to read as follows:
15.010.020 DEFINITIONS.
(r) Definitions "R":
"Redevelopment" means conversion of an existing development to another land use, or
addition of a material improvement to an existing development.
"Reimbursement agreement" shall mean an agreement entered into between the installer
owner of a utility facility and the City for the purpose of reimbursing the installer owner for all
or part of the costs for installation or extension of the utility system by subsequent development
for the facility defined in the agreement.
"Removal" shall mean the actual destruction or causing the effective destruction through
damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground
cover.
"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.
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SEC11ON3. Subsection 15a01.020(s) of the Bremerton Municipal Code entitled
'Definitions `S"' is hereby amended to read as follows:
15.01.020 DEFINITIONS.
(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 tank.
"Service line" shall mean a water service line constructed between the water main and the
right-of-way or easement line in accordance with current Engineering Design and Construction
Standards.
"Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main
and the right-ot-way or easement line in accordance with current Engineering Design and
Construction Standards.
"Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater
conveyance systems as a result of erosion in tributary areas and transport by runoff water.
"Single-family parcel or unit" shall mean a parcel which has been developed with a
single-family living unit.
"Single -metered building" shall mean a building with more than one unit where the utility
account is measured through a single water meter and provides service to all units and/or
common areas.
"Site" shall mean the portion of a piece of property which is directly subject to
development.
"Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to
vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first
number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1
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 utility system in service, meeting the minimum size and installation requirements of the
utility for the intended service.
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"Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a
point of collection without pumping and constructed in accordance with current Engineering
Design and Construction Standards.
"Standard gravity sewer connection" shall mean a connection made to a gravity trunk or
lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or
pressure sewer line.
"Standard stormwater sewer" shall mean a stormwater line not less than twelve (12)
inches in diameter and constructed in accordance with current Engineering Design and
Construction Standards.
"Standard water main" shall mean a water distribution line constructed in accordance
with current Engineering Design and Construction Standards.
"Standards" shall mean the current Engineering Design and Construction Standards for
the City of Bremerton.
"Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020.
"Stormwater system" shall mean all facilities for collecting, transporting, pumping,
treating and discharging stormwater. All developed properties within the City are connected to
the stormwater system.
"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.
"SWMMWW" shall mean the current version of the Washington State Department of
Ecology's Stormwater Management Manual for Western Washington.
SECTION4. Section 15.01.030 of the Bremerton Municipal Code entitled
"Utility Service Agreement" is hereby amended to read as follows:
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person requesting utility service from the City
for water, wastewater, or stormwater shall be required to make application and enter into a utility
service agreement. Agreements shall be executed prior to connection to the utility system or
activation of the account.
(b) The utility service agreement shall include the name and address of the owner and
the service address of the premises served together with the service requested. The agreement
shall be signed by the owner of the property or the owner's designated agent and shall be filed
with the City prior to making any utility service connectionbef6 e building permit :,,.,,,anee. No
partial utility service agreement will be issued or approved; all services requested will be listed
on the application. The applicant shall pay all general facility charges (GFCs) and installation
and inspection fees for t4e— all utility services, as herein provided, prior to making any utility
servicgvrater, of storm sefviee connection. Recognizing the broad benefits of the stormwater
system as defined in BMC 15.01.020, all developed properties within the City are subject to the
stormwater GFC regardless of whether they are or will be physically connected to the stormwater
system. tem. The building permit will not be issued until all of the applicable City fees are paid. Any
request for deferment shall be in accordance with Bremerton Municipal Code Chapter 15.06.
(c) The utility service agreement and/or the utility billing owner/tenant change form for
service shall constitute a contract between the applicant and the City in which the applicant
agrees to pay for service provided at the rate and in the manner specified.
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(d) The agreement shall be effective at the time it is signed by the Director and charges
for service to the premises shall be assessed from date of connection.
(e) Customers may request written quotes from the City for the fees, assessments and
charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote,
or until the end of the calendar year, whichever is sooner.
(f) A customer can request in writing a refund of their Utility Service Agreement
stating the reason for the request. When the request is received the Director will prorate the
amount of refund based on the work performed to date, including consideration of any payments
made to third parties in reliance on the utility service agreement.
SECTION 5. Section 15.01.050 of the Bremerton Municipal Code entitled
"Condition of Service - Contract" is hereby amended to read as follows:
15.01.050 CONDITION OF SERVICE -CONTRACT
The City may contract for sale of surplus water or collection of wastewater_ and/er-
steffflwate�-with other districts or other public agencies providing utility service. Such services
shall be through a wholesale contract, under such terms and conditions as shall be deemed fair
and equitable by the City and approved by the City Council,
SECTION 6. Section 15.01.100 of the Bremerton Municipal Code entitled
"Developer System Improvements - Reimbursement Agreements" is hereby amended to read as
follows:
15.01.100 DEVELOPER SYSTEM IMPROVEMENTS -REIMBURSEMENT
AGREEMENTS
(a) The City mfty-must enter into reimbursement agreements with property owners
responsible for Lite installation of system improvements in accordance with RCW 35.91.020.te
Nonnecting to the improvements at a later time.
Requests for reimbursement by the property owner pursuant to this section shall be made
in writing prior to entering into the public utilities construction agreement. Specific provisions of
reimbursement shall be included in the reimbursement agreement and shall comply with RCW
35491.020, The City shall determine the area that is subject to the reimbursement and shall
identify the properties benefiting from the utility system improvements in a description or a
drawing that will become part of the public utilities construction agreement.
(b) Reimbursements will be added to the City's per-mitting and licensing eempute
(be) Reimbursement from each benefiting property owner shall be determined by the
City as stipulated in the reimbursement agreement. Cost recovery payments
by properties benefiting from connections to developer extensions shall be collected by the City.
(c,d) e'ity . st,-tieting the : ent shall b
The City shall
retain fifteen five percent (4-5%) of the cost recovery payments for maintaining records and
administration of the program and forward the remainder of the payment to the property owner
who originally constructed the water, wastewater, or stormwater system improvement.
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SECTION 7. Section 15.02.070 of the Bremerton Municipal Code entitled
"Private Pressure Adjustment" is hereby amended to read as follows:
15.02.070 PRIVATE PRESSURE ADJUSTMENT.
Where water supply is not available to a premises because of low pressure during periods
of peak demands for water, or where property is situated at such an elevation that it cannot be
assured of adequate pressure, the owner may, at the owner's expense, install a pump or pump
system to furnish supply pressure, which shall be approved by the City. The City approval shall
be based on the protection of the safety and integrity of the water system and not on the
adequacy of the private system's design for its intended use. The auxiliary system shall be
separated from the meter box and remain the property of the property owner, who will be solely
responsible for its maintenance and operation.
In the event local conditions result in high pressure (exceeding eighty (80) psi), a
pressure reducing valve may be required and installed at the expense of the owner. The pressure
reducing valve shall be separated from the meter box and remain the property of the property
owner who will be solely responsible for its maintenance and operation.
SECTION 8. Section 15.03.080 of the Bremerton Municipal Code entitled
"Service Connections" is hereby amended to read as follows:
15.03.080 SERVICE CONNECTIONS.
All service connections shall be installed by the Department or by a contractor licensed in
accordance with the provisions of this chapter in compliance with the Engineering Design and
Construction Standards.
The service connections shall be extended at right angles from the wastewater system to a
point adjacent to the property line and shall be maintained by and kept within the exclusive
control of the City.
Whenever an applicant requests wastewater service to a premises with no fronting sewer
main, a standard sewer• main shall be required to be installed as a prerequisite to connection to
the wastewater system.
Every individual parcel „der separate owne ship connected to the wastewater system
shall be required to install a separate service connection to the wastewater main, and the
premises so supplied will not be allowed to provide service to any other premises. However,
these restrictions shall not apply to existing connections unless improvements are done to the
parcel and a separate sewer lateral can be installed for twenty-five (25) percent or less than the
total improvement cost of the project, or in the judgment of the Director, such existing
connection should be discontinued. When a single parcel of land having more than one (1)
residential structure served by a single connection is subdivided, the installation of new
connections shall be required for the structures on the newly established lots. The application for
service will be filed prior to the approval of the subdivision. Separate services will be consistent
with the provisions of this chapter.
SECTION 9. Section 15.02.100 of the Bremerton Municipal Code entitled
"Service Connections" is hereby amended to read as follows:
15.02.100 SERVICE CONNECTIONS
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(a) All service connections shall be installed by the City in accordance with the
Engineering Design and Construction Standards.
The service connections shall be extended at right angles from the water system to the
property line and installed within the right-of-way not to exceed forty (40) feet from the main.
The water service line within the public right-of-way shall be maintained by and kept within the
exclusive control of the City. Each service connection shall have its own service line and meter.
Installation shall be at the expense of the property owner.
(b) Whenever an applicant requests and receives water service to a premises that does
not front a main, a main shall be installed as a prerequisite to connect to the water system.
(c) To service property which does not abut on a public right-of4ay in which there is
a water main, the City may install a connection to the most appropriate main. This connection
shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way
not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the
property owner's expense.
(d) Every individual parcel under separate owner -ship -connected to the water system
shall be required to install a separate service connection to the water main, and the premises so
supplied will not be allowed to supply water to any other premises or parcel. However, these
restrictions shall not apply to existing services unless improvements are done to the parcel and
the separate service and meter can be installed for twenty-five percent (25%) or less than the
total improvement cost of the project or, in the judgment of the Director, such existing
connection should be discontinued.
(e) When a single parcel of land having more than one (1) residential structure served
by a single water meter is subdivided, the installation of new water service(s) shall be required
for the structures on the newly established lots. The expense for installation of the new service(s)
will be to the owner that subdivided the property, and application for the service(s) will be filed
prior to the approval of subdivision. The new service(s) will be subject to all fees including
general facility charges.
(f) When an existing structure is removed and a new structure is constructed on the
same property or parcel, a new utility service agreement is required. Any existing water service
line that does not meet current Engineering Design and Construction Standards and requirements
shall be flow tested and approved by the Director for reuse. Any existing water service line
determined to be substandard must be replaced as directed by the Director at the owner's
expense.
(g) In new and pre-existing water service connections, each and every water meter
shall have a shut-off valve on the customer side of the meter. Each water meter not already
equipped with a shut-off valve as provided herein, must install a shut off valve at the owner's
expense. A shut-off valve must be installed within ninety (90) days of written notice from the
City. Failure to install a shut-off valve within the time required will result in fees and costs for
any calls related to temporary shut off of service.
(hg) In new and pre-existing water service connections where one (1) water service
serves more than.one (1) premises, each and every building or trailer, when connected to one (1)
water meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so
that each may be closed without disrupting water service to the remaining units. Each separate
water service not already equipped with a shut-off valve as provided herein must install shut-off
valves, at the owner's expense, within ninety (90) days of notice of defect. Failure to provide
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such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient
reason to deny any adjustment in the water bill in the event of leakage due to these causes.
Qh) The City may require or allow additional service connections when such
additional service connections are in the best interest of the utility.
SECTION 10. Section 15.04.060 of the Bremerton Municipal Code entitled
"Service Area" is hereby amended to read as follows:
15.04.060 SERVICE AREA.
he City of Bremerton thfaugh either- natufal drainages, direet diseharge to r-eeeiving watef,- o
eenstr-uete.d eonveyanee systems. All developed properties within the Ci1y are subject to the
and other •r stormwater service described .• 16:
.•• •.,storm
drainage mitigationbe • • pursuant to BMC 15.04.070.
SECTION II. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 12. Severability. If any one or more sections, subsections, or sentences
A 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.
SECTIONI3. 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 , 20oC I
KEVIN GORMAN, Council President
Approved this ZrJ�a day of Awa u5 T , 20Z� .
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ATTEST:
ANGE.h,A HOOVER, City Clerk
PUBLISHED the a 1 day o
EFFECTIVE the � day of
ORDINANCE NO. _.
APPROVED AS TO FORM:
KYLIE FINNELL, City Attorney
WV ► ♦ % .
W 1 O 0 '-
R:\Legal\Legal\OrdinanceslPublic Works &Utilities\Title 15 Updates 2021\2021.08.03 Ordinance -Title 15 Changes -
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Kitsap Sun
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
Angela Hoover
City Of Bremerton
345 6 Th Street Suite 100
Bremerton WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN.
I, being first duly sworn on oath, deposes and says: That I am 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
the 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 6
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 the 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(s), to
wit: And on
08/21 /2021
such newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before on 08! 1
'0
My commision expires
Publication Cost: $12.23
Order No: 6198740
Customer No: 288797
PO #:
THIS IS NO1' AN INVOICE!
Pleuve do nol use lhi.c /orm Ja pnpmenl remiNnnt c:
SHELLY HORA
Notary Public
State of Wisconsin
# of Copies:
PO Box 52173, Phoenix. AZ. 85072-2173
CITY OF BREMERTON,
WASH I NGTON
ORDINANCE NO. 5427
AN ORDINANCE of the City
Council of the City of
Bremerton, Washington,
amending Title 15 of the
Bremerton Municipal Code
entitled "Municipal utili-
ties."
PASSED by the City Council
on the 18th day of August
2021.
The full text of this ordi-
nance is available from the
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
WA 98337.
6198740 August 21, 2021
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