Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03/25/2026 STUDY SESSION AGENDA PACKET
Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to request Americans with Disabilities Act (ADA) accommodations. CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 A M E N D E D WEDNESDAY, MARCH 25, 2026 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. However, public questions or comments may be submitted at any time to City.Council@bremetonwa.gov. Please remember that the content of the Agenda Bill items is subject to change; and no action at the Study Session is anticipated. If approved by the Council, these items will be placed on the April 1, 2026 City Council Meeting Agenda, or as indicated. Members of the public may click the link below to join the webinar: https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09 Or One tap mobile: US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 873 1826 6756; Passcode: 857582 A. INFORMATION ONLY PRESENTATIONS 1. 2026 WA State Legislative Session Wrap-Up (Approx. 45 minutes) 2. Proposed Zoning Code Amendments: Critical Areas Ordinance (BMC Chapter 20.14), Shoreline Master Program (BMC Chapter 20.16), and Landscaping (BMC Chapter 20.50) (Items B1 & B2 combined) B. AGENDA BILL BRIEFINGS 1. Public Hearing on Ordinance to amend Shoreline Master Program 2. Public Hearing on Ordinance to amend Bremerton Municipal Code Chapter 20.14 entitled “Critical Areas” and Chapter 20.50 entitled “Landscaping” 3. Interlocal Cooperative Agreement with Jefferson County for Jail Services 4. Goods and Services Agreement with Core & Main for Purchase of a Pressure Reducing Valve Package Station and Budget Adjustment 5. Goods and Services Agreement with North Coast Electric Company for Purchase of Multiple Lift Station Programmable Logic Controllers and Variable Frequency Drive Replacements 6. Resolution to place a Property Tax Levy Increase for Additional Public Safety Services on the August 4, 2026, Primary Ballot 7. Discussion on increasing the current Transportation Benefit District funding and how additional revenue generated could be used to improve local roads 8. 2027-2028 Budget Preparation Discussion 9. Review of Rule 9, Items 2 (Public Comment) and 3 (Public Recognition) of the Council’s Rules & Procedures Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to request Americans with Disabilities Act (ADA) accommodations. C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (Last Meeting 3/17/26) – Chair Denise Frey 2. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 3/24/26) – Chair Michael Goodnow 3. Homeless & Housing Ad Hoc Committee Briefing (Last Meeting 3/25/26) - Rebelowski, Frey, and Tift 4. Regional and Other Committee/Board Briefings 5. Other General Council Business (Only as necessary, as time allows) D. ADJOURNMENT OF STUDY SESSION Form Updated 4.19.2024 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: 2026 WA State Legislative Session Wrap-Up Study Session Date: March 25, 2026 Presenter: Bryan McConaughy Phone: (206) 953-6026 SUMMARY: The City of Bremerton’s contract lobbyist, Bryan McConaughy, will provide an overview of the 2026 Legislative Session, including key outcomes, relevant legislation, and potential impacts to the City. BACKGROUND: The City contracts with a state legislative lobbyist to represent its interests during the Washington State Legislative Session and to provide ongoing updates regarding relevant legislation. The 2026 Legislative Session included a range of policy and budget actions that may affect City operations, funding opportunities, and legislative priorities. Through the City’s legislative advocacy efforts, several priorities were successfully advanced, including securing $3,000,000 for the Bremerton-Mason Sewer Line and $294,000 for the Stephenson Canyon Park Off-Lease Area. In addition, the Warren Avenue Bridge Pedestrian Project remains fully funded within the Transportation Budget. Other Bremerton-serving projects receiving funding include $309,000 for Eagle Wings Coordinated Care Shelter, $201,000 for Bremerton Foodline projects, and $927,000 for Crossroads Village affordable housing. This item is for informational purposes only; no action is requested. HANDOUTS: 1) BMcConsulting Bill Status Report; 2) Overview of the 2026 Legislative Session Added A1 Bill Status Report March 13, 2026 Page 1 of 3 BMcConsulting Bill Status Report Budget Successes Bremerton asks: $3,000,000 for Bremerton-Mason Sewer Line $294,000 for Stephenson Canyon Park Off-Lease Area The Warren Ave Bridge Pedestrian project is fully funded in the proper biennium in the Transportation Budget. Other Bremerton Projects Funded: $309,000 for Eagle Wings Coordinated Care Shelter $201,000 for Bremerton Foodline projects $927,000 for Crossroads Village affordable housing Budget - State Bill # Abbrev. Title Short Description Status Sponsor Priority Position ESHB 2711 Transportation resources Concerning transportation resources. Del to Gov Fey ESSB 5998 (SHB 2289) Operating budget, supp. Making 2025-2027 fiscal biennium supplemental operating appropriations. H Spkr Signed Robinson SSB 6003 (SHB 2295) Capital budget, supplemental Concerning the capital budget. H Spkr Signed Trudeau ESSB 6005 (SHB 2306) Transportation budget, supp. Making supplemental transportation appropriations for the 2025-2027 fiscal biennium. H Spkr Signed Liias SSB 6225 Transportation funding bonds Authorizing bonds for transportation funding. H Spkr Signed Liias Finance Bill # Abbrev. Title Short Description Status Sponsor Priority Position HB 1069 (SB 5044) Supp. retirement bargaining Allowing collective bargaining over contributions for certain supplemental retirement benefits. Del to Gov Fosse 2SHB 2345 Paid leave contributions Concerning contributions in the state paid family and medical leave program. C 26 L 26 Schmidt ESHB 2442 (SB 6294) Local government fund use Providing local governments tax resources and fund flexibility. Del to Gov Berg E2SHB 2451 Local tax increment fin. Concerning local tax increment financing. Del to Gov Duerr E2SSB 6027 (HB 2359) Affordable housing funding Modifying requirements and allowed uses for certain funding related to providing and maintaining affordable housing and related services. Del to Gov Alvarado Bill Status Report March 13, 2026 Page 2 of 3 General Bill # Abbrev. Title Short Description Status Sponsor Priority Position HB 2091 Bargaining/employee info. Requiring public employers under chapter 41.80 RCW to provide employee information to exclusive bargaining representatives. Del to Gov Reed HB 2338 (SB 6223) Community weatherization Authorizing community scaled weatherization projects. Del to Gov Callan ESSB 6346 (HB 2724) Tax on millionaires Establishing a tax on millionaires. H Spkr Signed Pedersen Law Enforcement Bill # Abbrev. Title Short Description Status Sponsor Priority Position SHB 2323 Traffic stops/blue envelope Establishing a blue envelope program. Del to Gov Eslick ESB 5068 Public employ. eligibility Concerning agencies, firefighters, prosecutors, and general or limited authority law enforcement, extending eligibility for employment to all United States citizens or persons legally authorized to work in the United States under federal law. Del to Gov Lovick SSB 5855 (HB 2173) Law enf. face coverings Concerning the use of face coverings by law enforcement officers. Del to Gov Valdez 2SSB 5974 Local law enforcement Modernizing and strengthening laws concerning sheriffs, police chiefs, town marshals, law enforcement agency volunteers, youth cadets, specially commissioned officers, and police matrons. Del to Gov Lovick ESSB 6002 (HB 2332) Driver privacy Concerning driver privacy protections. Del to Gov Trudeau Legal Bill # Abbrev. Title Short Description Status Sponsor Priority Position E3SHB 1710 Voting rights act compliance Concerning compliance with the Washington voting rights act of 2018. Del to Gov Mena ESSB 6002 (HB 2332) Driver privacy Concerning driver privacy protections. Del to Gov Trudeau Parks & Rec Bill # Abbrev. Title Short Description Status Sponsor Priority Position ESSB 6113 (SHB 2257) Tax administration Concerning taxes administered by the department of revenue. Del to Gov Frame Bill Status Report March 13, 2026 Page 3 of 3 SSB 6189 (SHB 2530) Aquatics/sports PFD deadline Changing the deadline for forming a public facilities district for regional aquatics and sports facilities. Del to Gov Bateman Planning Bill # Abbrev. Title Short Description Status Sponsor Priority Position 2SHB 1859 (SB 5885) Housing dev./religious orgs. Expanding opportunities for affordable housing developments on properties owned by religious organizations. C 2 L 26 Salahuddin ESHB 2266 (SSB 6069) Supportive & emerg. housing Encouraging permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters. Del to Gov Peterson HB 2304 Condominium warranties Increasing the supply of condominiums by expanding the types of condominium buildings that may be subject to an express warranty of quality and express warranty insurance coverage. C 7 L 26 Taylor E2SHB 2418 Permit review Concerning permit review processes. Del to Gov Duerr E2SSB 6026 (HB 2480) Residential dev./zones Concerning residential development in commercial and mixed-use zones. Del to Gov Alvarado E2SSB 6066 (SHB 2174) Crash prevention zones Establishing accident risk zones. Del to Gov Torres Public Works Bill # Abbrev. Title Short Description Status Sponsor Priority Position SHB 2199 Derelict vessels Reducing impacts from derelict vessels. C 8 L 26 Richards SHB 2420 Small works roster limits Increasing small works roster contract limits. Del to Gov Zahn 2SSB 5690 Utility relocation Concerning utility relocation. Del to Gov MacEwen ESSB 6302 Public works/finishing trade Concerning misclassification in the finishing trades on public works projects. Del to Gov Conway Overview of the 2026 Legislative Session: On March 12th, the legislative session ended its short session (60-days) on time. The primary focus of this session is to pass supplemental budgets. Budgets & Revenue: Bremerton had successes in the Supplemental Capital Budget. It was awarded $285,000 for the Stephenson Canyon Park Off-Leash Dog Park. The project was prime sponsored by Representative Simmons with strong support from her seatmates, Representative Nance and Senator Hansen. The City was also allocated $3M for the Bremerton-Belfair Sewer line extension. This will help support efforts to expand the Belfair sewer line to the Port of Bremerton and allow for connections along the line. The Supplemental Transportation Budget did not have any drastic changes or increases. It was confirmed that Bremerton would receive the proper funding for the two Warren Avenue Bridge Pedestrian Improvement projects. Appreciation goes to Senator Hansen and his staff for their engagement to ensure the funding was allocated properly. Due to Climate Commitment Act dollars, the supplemental budget did increase the following programs: $34M increase for Safe Routes to Schools grants and a $33.4M increase for Pedestrian and Bicycle Safety programs & grants. Operating Budget - The final $79.4 billion operating budget balances the funding gap from federal budget reductions, increased caseloads, and growing state liability. A couple of highlights: $375 million sweep of the Public Works Assistance Account (PWAA); $880 million from the budget stabilization account (Rainy Day Fund); and $880 million transfer from restatement of the LEOFF 1 pension fund (HB 2034). Revenue: Millionaire’s Tax Update - Washington state lawmakers passed SB 6346 to create a 9.9% “millionaires tax” on income over $1 million, projected to raise about $4 billion annually starting in 2029 and affecting roughly 30,000 taxpayers. An amendment by Representative April Berg (D–Mill Creek) creates a $200 million fiscal health account for cities and counties, with lawmakers intending an additional $150 million investment in public defense. The money for indigent defense was not initially included as legislators determined giving revenue “in perpetuity to public defense” was not the right “vehicle.” The final bill removed all dedicated local public defense funding. The final version also contained several sales tax exemptions on certain common products, impacting local sales tax revenues. Bills of interest to the city: STEP housing legislation, HB 2266 requires cities and planning counties within urban growth areas to allow transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters in appropriate zones and prohibits more restrictive local standards than those for similar developments. It also mandates administrative design review, allows contracts and limited certification requirements with providers, and requires jurisdictions to meet projected shelter needs. Local comprehensive plans must be updated to incorporate the act within two years. HB 2442 expands the use of local and state housing taxes for operations, maintenance, and rehabilitation of affordable housing, supporting existing units without new revenue. Authorizes a new local sales and use tax of 0.01 percent to fund services for children and families. The bill also rolled in HB 2224, which allows a city that establishes a voter-approved single-city fire protection district to keep its tax revenue authority instead of lowering its tax levy dollar-for-dollar, as it currently works. E2SSB 6026 addresses residential development in commercial and mixed-use zones in Washington state. It prohibits Bremerton from excluding residential uses in these zones or requiring ground-floor commercial/retail as a condition for permitting, with limited exceptions for industrial zones, historic landmarks, station areas, or tax increment financing areas. The city can exempt 40% of commercial and mixed-use zones from this prohibition. Supporters argued it increases available land for housing and reduces costs, while we warned of potential impacts on small businesses, sales tax revenue, and walkable communities. This bill was passed by the Senate 36-12 and the House 69-27, showing bipartisan support for the bill. HB 2420 – increasing small works roster limits - Establishes annual increases in the maximum value of public works projects for which state agencies and local governments may use small works roster processes, from the current $350,000 to an eventual $650,000 by July 1, 2030. The bill passed the legislature unanimously. Beginning January 1, 2027, the maximum size of public works contracts eligible to use the small works roster process would be gradually increased to the following amounts, on the following dates: January 1, 2027, $530,000; July 1, 2027, $560,000; July 1, 2028, $590,000; July 1, 2029, $620,000; and July 1, 2030, $650,000. One of the bills that the city was tracking that was not passed was SB 6262 - Increasing the maximum weight of certain vehicles subject to transportation benefit district vehicle fees. Cars currently pay Transportation Benefit District fees for local road maintenance, and trucks over 6,000 lbs do not. This legislation would have increased the number of vehicles paying the fees by increasing the size of the vehicle to include those weighing over 9,000 lbs. HB 2199 - An act relating to reducing impacts from derelict vessels. The bill was prime sponsored by Representative Adison Richards. It provides the Department of Natural Resources with greater flexibility to seize and remove derelict vessels by modifying the definition of a derelict vessel under the Derelict Vessel Removal Program Crash Prevention Zones - The House passed SB 6066 on a 94–2 vote, creating “crash prevention zones” on high-risk road corridors, as detailed in this NonStop Local News article. The bill allows the Washington State Patrol and local law enforcement to increase enforcement and use automated traffic safety cameras to catch speeders. Revenue from camera citations will fund engineering studies and roadway safety improvements within the zones. The legislation also doubles penalties for using a personal electronic device while driving in these areas. HB 2420 – increasing small works roster limits - Establishes annual increases in the maximum value of public works projects for which state agencies and local governments may use small works roster processes, from the current $350,000 to an eventual $650,000 by July 1, 2030. The bill passed the legislature unanimously. Beginning January 1, 2027, the maximum size of public works contracts eligible to use the small works roster process would be gradually increased to the following amounts, on the following dates: January 1, 2027, $530,000; July 1, 2027, $560,000; July 1, 2028, $590,000; July 1, 2029, $620,000; and July 1, 2030, $650,000. Automated License Plate Reader Regulations - SB 6002 creates the first statewide rules for automated license plate readers (ALPRs) in Washington state. The bill was passed with strong bipartisan support in the House and Senate. The bill allows police to use readers for investigations, including gross misdemeanors, requires data deletion within 21 days, and bars use for civil immigration enforcement. Mosquito Fleet Act Dies at the Last Minute - HB 1923, the “Mosquito Fleet Act,” proposed by Representative Nance, would’ve allowed cities, counties, ports, and transit agencies to create passenger-only ferry districts. These districts could fund service through parking taxes, tolls, or voter-approved property taxes. The House passed the bill with bipartisan support, and the Senate approved an amended version. Senator Liias, chair of the Senate Transportation Committee, added provisions requiring zero-emission ferries built in Washington state and limiting state funding for new districts after 2028, as the state prioritizes its $6 billion plan to build 16 hybrid ferries by 2040. The House refused to concur with Senate amendments to this bill stalled at the very end of session. Banning Law Enforcement Face Coverings - The Legislature approved SB 5855, restricting law enforcement, including federal immigration agents, from wearing face coverings while interacting with the public, with exceptions for SWAT gear, PPE, or religious coverings. Addressing Toxicology Test Report Backlogs - SB 5880 allows blood and breath toxicology tests to be considered valid in DUI and physical control cases if conducted by laboratories certified or accredited under ISO/IECௗ17025 standards. The bill aims to reduce backlogs at the state toxicology lab by permitting the optional use of private labs, funded locally. Cities or counties using private labs must contract with them, ensuring that lab personnel are available for defense interviews at no cost and accept electronic service of legal documents. The measure passed unanimously in both chambers. BMcConsulting bryan@bmcconsulting.net (206) 953-6026 Form Updated 4.19.2024 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL Study Session Date: March 25, 2026 Presenter: Garrett Jackson Phone: 360-473-5289 SUBJECT: Proposed Zoning Code Amendments: Critical Areas Ordinance (BMC 20.14), Shoreline Master Program (BMC 20.16), and Landscaping (BMC 20.50) SUMMARY: Updates to the City Critical Areas Ordinance (BMC 20.14), Shoreline Master Program (BMC 20.16), and Landscaping Code (BMC 20.50) are proposed for Council consideration. Previous presentations on the proposed updates were provided for Council consideration and public comment at the February 25th Study Session and March 4th Information Only presentation to the public. This study session will focus on Council feedback received since the March 4th regular meeting, to determine if any additional code revisions are necessary prior to scheduling future public hearings. HANDOUTS: Staff Memo: Report providing background information and summary of proposed code changes Critical Areas Ordinance (CAO) and Landscaping Code: Draft Ordinance and revised CAO and Landscape Code Shoreline Master Program (SMP): Draft Ordinance and revised SMP A2 To: City Council From: Garrett Jackson Date: March 25, 2026 Subject: Zoning Code Amendments SUMMARY Updates to the City Critical Areas Ordinance (BMC 20.14), Shoreline Master Program (BMC 20.16), and Landscaping Code (BMC 20.50) are proposed for Council consideration. This study session will focus on Council feedback received since the March 4th regular meeting, to determine if any additional code revisions are necessary prior to scheduling future public hearings . BACKGROUND In preparation for these updates, the Department of Community Development contracted with consultant Facet, who provided environmental expertise and experience in State code compliance. The Planning Commission then worked over a five-month period to review potential code changes and solicit public comment. Coordination with the Washington State Department of E cology resulted in a Joint Public Hearing on January 26th, held cooperatively with the City of Bremerton and Department of Ecology and including a public comment period from December 29th to January 28th. Significant feedback was provided by environmental professionals with the Washington State Department of Fish & Wildlife, Washington State Department of Ecology, Suquamish Tribe, Port Gamble S'Klallam Tribe, and Kitsap Building Association, which helped inform additional code updates. The dates below note specific Planning Commission public meetings. Links to associated informational packets are available here for 2025 workshops and the 2026 public hearing. •September 15, 2025 Planning Commission Workshop •October 20, 2025 Planning Commission Workshop •November 17, 2025 Planning Commission Workshop •December 15, 2025 Planning Commission Workshop •January 26, 2026 Planning Commission Joint Public Hearing •February 25, 2026 City Council Study Session •March 4, 2026 City Council Regular Meeting DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Memo Zoning Code Amendments Page 2 CRITICAL AREAS ORDINANCE The Growth Management Act (RCW 36.70A) requires all counties and cities to identify, designate, and protect critical areas. RCW 36.70A.030(6) defines five types of critical areas for consideration: Wetlands, Critical Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous Areas, and Fish & Wildlife Conservation Areas. WAC 365-190-080(1) requires “No Net Loss” of critical areas, meaning, these areas should not be further degraded than their current state. A Facet NW Gap Analysis and Facet NW Best Available Science Review were provided in support of these updates. The following provides a synopsis of proposed updates: General CAO Revisions (BMC 20.14.100 – BMC 20.14.200). Several proposed code revisions are not specific to a single critical area, and are instead applied to the chapter as a whole. Proposed revisions include: • Intent (BMC 20.14.115). Language added to underscore CAO policies related to cumulative impacts, no net loss, and wildlife/habitat processes. • Scope And Applicability (BMC 20.14.120). Language added noting that when two critical areas exist on a site, the more restrictive standard will apply. • Relationship To Other Regulations (BMC 20.14.125). Reference added to the Shoreline Master Program, State, and Federal regulations. • Administration And Procedures (BMC 20.14.130). Language added noting cooperation with State agencies and Tribal entities, and greater detail required for submitted site plans. • Exemptions (BMC 20.14.145). Language added for exempting emergency actions from the CAO, while noting that long-term solutions to emergencies must undergo full critical area review. Additional exemptions for voluntary restoration and minor site investigation also added. • Public Agency Exception (BMC 20.14.150). Revised permit from a Type III Hearings Examiner decision to a Type II Administrative decision; added required notification to Department of Fish and Wildlife, Department of Ecology, and affected tribes. • Reasonable Use Exception (BMC 20.14.155). Language added for coordination with Department of Fish and Wildlife, Department of Ecology, and affected tribes; permit expiration, and submittal documents. • Nonconforming Uses/Structures (BMC 20.14.160). Added language addressing remodel/reconstruction of legally established development. Provision added for conditional expansion of single family homes when no net loss in demonstrated; similar to existing Kitsap County provision. • Bonds (BMC 20.14.165). Language added noting that when extended monitoring periods are required, bonds will be updated to reflect current market costs. • Tree Removal (BMC 20.14.190). Adding provisions for unpermitted tree removal within a critical area or critical area buffer, including potential fines of $1,000 per nonsignificant tree and $5,000 per significant tree. Fines would not be applicable to trees 4-inches in diameter or less, though full replacement mitigation would be required. Significant trees are evergreen trees at least 8-inches in diameter (measured 4-feet above existing grade) or deciduous trees at least 12-inches in diameter. Memo Zoning Code Amendments Page 3 • Definitions (BMC 20.14.200). Existing definitions were revised for Adaptive Management, Alteration, Anadromous fish, Best Available Science, Buffer, Channel Migration Zone, Compensatory Mitigation, Fish and Wildlife Habitat Conservation Areas, Non-Federally Regulated Wetland, Mitigation, Monitoring, Qualified Professional, Riparian Habitat, and Seismic Hazard Areas. New definitions were added for Agricultural Activities, Ecosystem Functions, Ecosystem Values, Erosion Hazard Areas, Landslide Hazard Areas, No Net Loss, Riparian Management Zone, Site Potential Tree Height, Streams, and Watershed. The definition for High Quality Wetlands was deleted. Wetlands (BMC 20.14.300). Wetlands help to maintain water quality, store and convey stormwater and floodwater, recharge groundwater, provide important fish and wildlife habitat, and serve as areas for recreation, education, scientific study and aesthetic appreciation. The City’s overall goal is to achieve no net loss of wetlands. Proposed revisions include: • Deleted wetland descriptions, instead referencing source material per Washington State Wetland Rating System for Western Washington, Department of Ecology Publication No. 23- 06-009. Updated Department of Ecology references throughout. • Updated required Measures to Minimize Impacts to Wetlands related to light, noise, stormwater, and others consistent with Department of Ecology guidance. • Added language for consultation with affected agencies and tribes. • Updated Preference of Mitigation Actions (Restoration, Establishment, Preservation, Enhancement) to meet current Department of Ecology standards. • Added mitigation ratios for preservation consistent with current Department of Ecology standards. Critical Aquifer Recharge Areas (BMC 20.14.400). Groundwater from aquifers provides a source of potable water and contributes to stream discharge/flow. Critical aquifer recharge areas contribute to the recharge of aquifers, springs and/or wells and are susceptible to contamination of water supplies through infiltration of pollutants through the soil. City residents rely on an essential life-sustaining safe drinking water supply. Proposed revisions include: • Added exemption for single family homes consistent with our jurisdictional neighbors. • Updated special reports section related to qualified professionals. Frequently Flooded Areas (BMC 20.14.500). Regulating floodplains promotes public health, safety, and general welfare, and minimizes public and private losses due to flood conditions in specific areas caused by flooding, while protecting the functions and values of the floodplain ecological environment. Proposed revisions include: • Provision added noting tribal coordination for habitat assessments. Geologically Hazardous Areas (BMC 20.14.600). Regulation of geologically hazardous areas is meant to protect human life and property from potential risks related to development on or near geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, geologic events, landslides, and moderate and steep slope areas. Proposed revisions include: Memo Zoning Code Amendments Page 4 •Provision added noting that certain erosion hazard areas may not require a critical areas report. Fish And Wildlife Habitat Conservation Areas (BMC 20.14.700). The intent of these regulations is to avoid impacts to streams, riparian habitat, anadromous fish, and wildlife conservation areas. Proposed revisions include: •Updated stream buffer widths to address riparian area guidance provided by the Department of Fish & Wildlife (DFW) Riparian Ecosystems, Volume 2: Management Recommendations. DFW guidance includes widening riparian buffers to Site Potential Tree Height (SPTH) or at a minimum to 100 feet to prevent pollution from entering streams. The image to the right illustrates a typical riparian area of influence contributing to habitat, stream temperature, introduction of pollutants, etc. In our area SPTH is approximately 200 feet, as this is the mature height of large conifer trees. A standardized 200-foot buffer is proposed for fish- bearing streams, rather than a site-by-site SPTH analysis. This is consistent with all Kitsap jurisdictions (except Port Orchard who is in the code update process). DFW guidance would significantly increase existing codified buffer widths (as seen in the image above) for fish bearing streams from 150 feet to 200feet, and for non-fish streams, an increase from 35 feet for Ns stream and 50 feet for Np streams to 100 feet. •Descriptions for Type S, F, Np or Ns waters were removed from the code, and instead reference to the source stream rating material was provided per WAC 222-16-030 of the Department of Natural Resources Water Typing System; this ensures City code will be up to date should these standards change in the future. •Provisions were added that affected Tribes and the Washington State Department of Fish and Wildlife participate in the field verifications in the event a stream type is downgraded. •Allowable buffer averaging widths were reduced to a maximum reduction of 25 feet from 35 feet. •A section providing buffer reductions for existing development was added, where a stream buffer reduction of a maximum of 25 feet may be requested with an associated Habitat Management Plan, including mitigation sequencing and no net loss analysis. •An existing section allowing Stormwater Management Facilities within the outer 25 percent of stream buffers was removed from the code, at the request of DFW. •A new section protecting Cultural Resources was added, requiring an Inadvertent Discovery Plan to protect potential cultural resources. •Additional details for habitat assessment including hydrologic mapping, aerial photography, tree canopy, observable water quality, and other features were added to the code. Memo Zoning Code Amendments Page 5 SHORELINE MASTER PROGRAM The goal of the SMP is to protect shorelines of statewide significance and their associated natural resources, and to provide opportunities for the general public to have access to enjoying shorelines per RCW 36.70A.480. Updates to the SMP were initiated in order to add housing types consistent with the Comprehensive Plan update. Updates to mapping, notification to local tribes, and other items were also included. A Facet NW Gap Analysis was provided in support of these updates. Proposed revisions include: • General Goals (SMP 2.030). Updated to indicate areas where salmon congregate/spawn should receive special consideration for impact avoidance. • General Policies (SMP 2.065). Updated to indicate that areas requiring dredging should not be considered for new boating facilities. • Marinas and Boating Facilities Policies (SMP 2.030). Updated to indicate areas where salmon congregate/spawn should receive special consideration for impact avoidance. • Residential Development (SMP 2.075). Minor update to language noting no net loss. • Docks, Piers, and other In-water Structures Policies (SMP 2.080). Added language noting cumulative impacts should include pocket estuaries. • Definitions (SMP Chapter 3). Definition for Multifamily added, for purposes of the SMP only, defining 2-units or more as this housing type. • Maps (SMP 4.020). Added references to mapping resources provided by the Department of Ecology, Department of Fish & Wildlife, and National Oceanic & Atmospheric Administration. Updated Map D to correct mapping error, and updated all maps for improved aesthetic appearance, street names, and parcel lines. • Low Density Residential (SMP 4.030). Updated name of this shoreline designation from “Single Family Residential” to “Low Density Residential” throughout this document (not only in this section). • Noticing Requirements (SMP 5.030). Added language indicating that those receiving notice may not have comment on City permits, inferring participation may be provided in other permitting. • Vegetation Conservation (SMP 7.020). Revision added noting existing vegetation (not only native vegetation) will be identified in Vegetation Management Plans (not including noxious weeds identified by Kitsap County). Clarified language indicating native species within the shoreline buffer may be pruned or replaced to match appearance prior to SMP adoption. • Archaeologically Sensitive Areas (SMP 7.060). Added language for increased tribal notification. • Use and Modification Matrix (SMP Figure 7.090a). Updated to allow for mixed-use and multifamily residential uses consistent with Comprehensive Plan update. Clerical update noting zoning name change in the Downtown Subarea Plan from “MFR 1 Waterfront Overlay” to “Mixed Use”. • Shoreline Stabilization (SMP 9.080i). Added language noting that when hard shoreline armoring is proposed applicant should consider how to incorporate vegetation into the structure. Memo Zoning Code Amendments Page 6 LANDSCAPING CODE The City Landscape code is intended to regulate vegetation outside of critical areas. Landscaping within critical areas is required to be native vegetation (salal, vine maple, huckleberry, etc.), while landscaping outside critical areas does not carry that requirement (roses, hydrangeas, lavender, etc.). While proposed code updates are varied, the primary focus is encouraging developments to enhance the urban tree canopy. •Intent (BMC 20.50.010). This section was updated from its current text to read as follows, “The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by encouraging the retention of existing vegetation, expansion of urban tree canopy through landscaping and street trees, usage of drought resistant vegetation, screening areas of low visual interests, buffering potentially incompatible developments, and to compliment development sites with landscaping.” Language was removed for topics regulated by other chapters: habitat for fish and wildlife (Critical Areas BMC 20.14), erosion and stormwater runoff (BMC 15.04), protection of groundwater resources from pollutants and flooding (Critical Areas BMC 20.14). •Exceptions (BMC 20.50.030). In an effort to expand the urban tree canopy, these updates are meant to trigger a lower threshold for existing sites to meet landscape code conformance. Changes were finalized through a collaborative process between the Planning Commission and the Kitsap Building Association. The Director may waive or reduce any requirement of the Landscaping chapter when a proposed remodel or change of use is valued at 50% or less of the assessed value of onsite structures as determined by the Kitsap County Assessor. Standards may also be waived for remodel, when no new surface parking is added, and when repair is needed from fire or similar casualties. •General Provisions (BMC 20.50.040). Several updates were added to this code section including: i.To encourage retention of existing trees/vegetation, language was added noting retention of existing trees/vegetation may satisfy development requirements . ii.Generally, the front yard setback area in commercial zones is required to be landscaped, however, some zones have no front yard setback. Added language notes t hat zones with no front yard setback observe a 10-foot front yard landscape area. iii.To protect public infrastructure, requirements were added for tree root barrier installation in select instances. iv.In consultation with the Parks Director, a code section was removed requiring the screening of City parks from private property. v.To ensure landscape plans submitted by developers are installed correctly, a section of code was added noting that an inspection from the project landscape architect may be required prior to occupancy being granted. •Performance Standards (BMC 20.50.050). Several significant updates were added to this code section including: i.Alternative Street Tree Standards. An alternative to the current code requirement of 1 street tree per 25-linear feet of frontage is to provide 1 street tree per 50-linear feet of frontage if trees are fast growing, have a mature height of at least 30 -foot, and appear on the approved City Street Tree List. While this new code section incentivizes larger Memo Zoning Code Amendments Page 7 trees, small varieties may be necessary in some constrained urban environments (overhead power lines, utilities, etc.). ii. Provisions were added to require curbing to protect landscape areas in parking lots. iii. Alternative landscape standards are proposed to allow greater code flexibility for interior parking lot trees to encourage large fast-growing trees. iv. Language was removed regulating rights-of-way within Centers. The Public Works Department currently has street standards addressing these areas. v. Removed language exempting parking lots of 20 or less vehicles from landscaping. vi. Added language requiring development projects to provide an International Society of Arboriculture (ISA) Certified Arborist recommendation for removal of significant trees. vii. Added language requiring development to protect tree critical root zones. viii. Added language incentivizing drought resistant tree species, by requiring smaller plant sizes at the time of installation. • Landscape Plan Submittal (BMC 20.50.060). Removed language exempting drought resistant species from temporary irrigation. CITY COUNCIL COMMENTS/QUESTIONS Comments received by Council members for consideration are included on the following page. The Matix contains responses to comments/questions. Based on the content of the attachment, the following are additional revisions Council might consider to include in proposed updates: • Wetlands BMC 20.14.360(d) Additional Information. (3) The Department may call for a third-party review of any wetland report in cases where the Director finds a dispute over wetland delineations, ratings, or mitigation has occurred. When a third-party review is required, costs incurred for a third-party Qualified Professional to perform the review shall be borne by the applicant. • Critical Aquifer Recharge Areas BMC 20.14.450 Hydrologic Assessment. (e) The Department may require a third‑party review of any Hydrologic Assessment when the Director determines that a dispute exists regarding Aquifer type designation or how the proposed land use may affect the quality or quantity of water reaching the aquifer. When a third-party review is required, costs incurred for a third-party Qualified Professional to perform the review shall be borne by the applicant. • Frequently Flooded Areas BMC 20.14.530 Development Standards. (c)(10) The Department may require a third‑party review of any Habitat Assessment when the Director determines that a dispute exists regarding how the proposed land use may negatively impact habitat quality. When a third-party review is required, costs incurred for a third-party Qualified Professional to perform the review shall be borne by the applicant. • BMC 20.14.165 Bonds. (a) Performance Bonds. Except for City sponsored projects public agencies, applicants receiving a permit are required to post a cash performance bond or other acceptable security to guarantee Memo Zoning Code Amendments Page 8 compliance with this chapter prior to beginning any site work. The surety shall guarantee that work and materials used in construction are free from defects. All bonds shall be approved by the City Attorney. The surety or bonds cannot be terminated or canceled without written approval. The Director shall release the bond after documented proof that all structures and improvements have been shown to meet the requirements of this chapter and that a maintenance bond has been posted, if required. (b) Maintenance Bonds. Except for City sponsored projects public agencies, an applicant shall be required to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter will perform satisfactorily for a minimum of three (3) years after they have been constructed and approved. All bonds shall be on a form approved by the City Attorney. Without written release, the bond cannot be canceled or terminated. The Director shall release the bond after determination that the performance standards established for measuring the effectiveness and success of the project have been met. COMMENTS, COUNCILMEMBER CHRISTY CAMMARATA Question/Comment: Why are three separate zoning code amendments being presented concurrently? Response: Throughout the Comprehensive Plan process, Staff informed the Council and public that the Critical Areas Ordinance (CAO), Shoreline Master Program (SMP), and Landscaping code would be updated following the Comp Plan adoption; this proposal follows through with those commitments by Staff. Staff, the Planning Commission, Tribal entities, Staff with State organizations, and the public have invested the last 6 months preparing these updates, with key concepts also relayed previously during the Comprehensive Plan update process. It is not unusual to update several sections of the zoning code at one time, many more sections of the zoning code were updated with the Comprehensive Plan update than what is currently proposed. Per RCW 36.70A.130, the CAO and SMP should have been updated prior to December 31, 2025; grant eligibility may be affected for failure to update 6- months after this date. Question/Comment: Can you provide additional clarification regarding the word-for-word inclusion of the following language in the site plan review requirements? Response: Proposed language was provided by Roderick Malcom, Biologist/Ecologist, Natural Resources Department Suquamish Tribe. RCW 36.70A.110 requires jurisdictions to coordinate planning efforts for any areas planned for urban growth with local tribes. Proposed changes may represent an administratively burdensome process for applicants seeking to develop lands where critical areas and/or critical area buffers are located. RCW 36.70A Growth Management Act requires all counties and cities to identify, designate, and protect critical areas, including No Net Loss per WAC 365-190-080(1). All submittal elements would be required unless otherwise found to be unnecessary by the City, likely with consultation from environmental partners. Question/Comment: Clarification of Sections (b)(1) and (b)(2). What is the functional difference between (b)(1) and the newly added (b)(2)? Response: Previous proposals included the ability to add laterally to a structure; comments from Marla Powers, Environmental Planner, Natural Resources Department Port Gamble S'klallam Tribe led to specify only the opposite side of a structure should potentially be added to. As an example, in the image below, red dash lines were added to sides of the hypothetical home that could not be expanded; only the opposite side of the home could be expanded. This only applies to development located inside the critical area buffer seeking to expand existing structures. Question/Comment: Skills-Based Hiring Initiative? Response: No, this guidance from the Department of Ecology has existed since at least 2005. Question/Comment: Cost Responsibility. If the evaluations or analyses referenced in this section are required who is responsible for paying for them? Response: Conferring with State and/or Tribal partners is free of charge. 3rd party services are at the expense of the applicant, and DCD has worked with individual applicants to ensure they understand costs that would be incurred. Currently Geologically Hazardous areas per BMC 20.14.660(h), and Fish and Wildlife Habitat Conservation Areas per BMC 20.14.740(h), outline this process. Similar language could be added to the code for BMC 20.14.300 Wetlands, BMC 20.14.400 Critical Aquifer Recharge Areas, and BMC 20.14.500 Frequently Flooded Areas. Question/Comment: Is the information required in (e)(1)(ix) typical for site plan submissions? Response: Yes, applicants would need to hire a Qualified Professional to provide a Habitat Management Plan (HMP) for lands with Fish And Wildlife Habitat Conservation Areas. Proposed language was provided by Roderick Malcom, Biologist/Ecologist, Natural Resources Department Suquamish Tribe who assists in the review of HMPs. Public resources exist providing this information, Qualified Professionals would be familiar with these sources. WDFW Salmonscape: https://apps.wdfw.wa.gov/salmonscape/?id=8 DNR Hydrology: https://data-wadnr.opendata.arcgis.com/datasets/wadnr::dnr-hydrography- watercourses-forest-practices-regulation/explore?location=47.583944%2C- 122.629829%2C15 Question/Comment: Relationship to Comprehensive Plan Height Changes Response: There were extensive discussions with the public and City Council related to structure heights with the Comprehensive Plan update; increases in height were prioritized to encourage additional housing. Assertions that shoreline elements were not properly reviewed with the Comprehensive Plan process are not founded in fact. The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) review shoreline requirements. Conversations related to view preservation being a barrier to increased housing, and public access to shorelines as a condition of shoreline development, were publicly discussed at the Planning Commission and/or City Council. Council members should note that only areas within the Shoreline Jurisdiction are subject to the Bremerton Shoreline Master Program (SMP), this is generally areas within 200-feet of the shoreline. Any SMP regulation (height, vegetation, etc.) does not apply outside the Shoreline Jurisdiction. Two examples of the shoreline jurisdiction are provided here, illustrating an approximate 200-foot area from the shoreline. Very few properties within these areas are both 1) not located on the waterfront, and 2) are within the Shoreline Jurisdiction. To ensure a benefit to the general public, Multifamily and Commercial shoreline developments are required to provide shoreline public access. The reader should note, a standard GIS disclaimer applies here, that the City makes no guarantee or warranty to its accuracy as to labeling, dimensions, or placement or location of any features contained herein. All data is expressly provided as is and with all faults. The boundaries depicted by these data are approximate, and are not necessarily accurate to surveying or engineering standards. These data are intended for informational purposes only and should not be considered authoritative for engineering, navigational, legal and other site-specific uses. Question/Comment: Restoration and Conservation Language Active applications are vested to the land use regulations in place at the time a complete application is submitted. Confirm with the City Attorney, this is not elective. Question/Comment: Map A – Urban Growth Area Response: The purpose of the map is to identify applicable Shoreline Designations, which is effectively accomplished by the mapping product. Should this be seen as an issue for the majority of the Council, maps can be updated for increased shading of UGA areas. Question/Comment: Evergreen Park and Setback Distinctions Response: Properties landward of Sheldon Boulevard have a Shoreline Designation of Isolated. Waterfront City parks carry a “Recreation” Shoreline Designation in order to identify their park status. It would be inappropriate to impose a “Recreation” shoreline designation on private property that is not part of a recreational facility. As seen in the previously provided map, very few properties adjacent to Evergreen Park are located within the Shoreline Jurisdiction; for those that are, only portions of the property located within the Shoreline Jurisdiction are subject to those standards. Properties within the Downtown Regional Center are expected to absorb a significant portion of forecasted population growth, this ensures equitable access to extensive public investment in Evergreen Park, Washington State Ferries, Kitsap Transit Ferries and Buses, Naval Base Kitsap, and other infrastructure. Properties within Manette that carry the Isolated designation apply to lots landward of Shore Drive, this is appropriate as the public road and waterfront properties functionally separate this area from the shoreline. Question/Comment: Shoreline Buffers Based on Lot Depth Response: Properties on Shore Drive may be as little as 50-feet in depth, while properties on Marine Drive may be greater than 500-feet in depth. A percentage-based buffer system was adopted to ensure a proportional outcome based on how much property was available. Per the comment, “The environmental impact of a single residence is significantly different from a multifamily structure housing 100+ residents, and buffer standards may need to reflect those differences.” It is true that a single residence likely has a lesser impact than a large multifamily structure, however, the environmental impact from 100+ single family homes is likely more significant than a more compact 100+ resident multifamily development. Allowing for multifamily in the Low Density Residential Shoreline Designation provides an opportunity for less land consumption, as a subdivision of single-family homes may naturally require more area due to the spacing of homes, individual driveways, etc. Question/Comment: Ground Floor Commercial in Residential Areas Response: Examples of potentially allowable mixed-uses include Neighborhood-scale Commercial per BMC 20.46.240 (restaurant, market, and personal services) and uses permitted per BMC 20.60 Low Density Residential (church, community facility, bed & breakfast) or BMC 20.79 High Density Residential (church, nursing home, bed & breakfast). Question/Comment: Height Restrictions Response: There is no discrepancy with height allowances per SMP 7.090.b (provided on last page) and those adopted with the Comprehensive Plan update. Existing code (no change proposed) per SMP 7.090.b provides base heights permitted in the SMP, and a process available to increase SMP heights to those allowed in the zone. Question/Comment: Definition of “Substantial Number of Residences” Response: There is no definition for “Substantial Number of Residences” so that any affected properties within the Shoreline Jurisdiction may provide comments for applicant consideration. Staff would likely identify such properties at the pre-submittal phase and encourage the applicant to consider these criteria. Properties outside of the Shoreline Jurisdiction are not applicable to the Shoreline Master Program. Question/Comment: Over-Water Residences Response: Yes, properties within the floodplain require floodplain insurance. New overwater residences are prohibited. Question/Comment: Vegetation and Erosion Control Response: Vegetation within shoreline buffers is required to stay in place. Question/Comment: Exemptions (Section 20.50.030 B1) Why was 50% selected as the threshold for triggering exemptions? Response: Lower thresholds were considered by the Planning Commission, but were found to be too aggressive and potentially cost-prohibitive to investment in the City. The 50% threshold was recommended by the Kitsap Building Association (KBA) and Planning Commission. Question/Comment: Maintenance Enforcement Response: Properties out of compliance with landscape standards are subject to Code Enforcement per BMC 1.04. Question/Comment: Approved Street Tree List Response: If this code section is adopted, staff will consider promotional materials identifying qualifying street trees. COMMENTS, COUNCIL PRESIDENT JANE REBELOWSKI Question/Comment: Please explain “Noticing Requirements”. Is the rule saying we may notice you but you have no say in the matter? Response: Permit applications are reviewed for conformance with adopted City regulations; these regulations were previously adopted through the City Council public process. When specified in the code, select applications require public notice. Notice is intended to gather feedback and create a transparent record justifying City issued decisions. Public comments are forwarded to permit applicants to consider. Permit decisions are made by analyzing available information for conformance with adopted City standards. Question/Comment: 20.14.165 Bonds, why does it specifically leave out Public Agencies? Response: The assumption is that public agencies are working for the public good, and increased project costs due to bonding are increased costs for the public. The City Council may remove this language from the code, but may want to consider specifying that City projects do not require bonding. Question/Comment: 20.14.190 Tree Removal Is our Forestry Division required to get DCD approval for tree clearing, including “danger” trees/ Response: DCD reviews Conversion Option Harvest Plan (COHP) forestry permits and forestry permits requiring State Environmental Policy Act (SEPA) review. Question/Comment: Tree Root Barriers Invasive roots should have root barriers of up to 4’ deep Response: Specific requirements for the protection of public infrastructure may best be contained within adopted Engineering Design and Construction Standards. This will ensure that the Zoning Code and Engineering standards do not contain potentially conflicting information. COMMENTS, COUNCILMEMBER ANNA MOCKLER Question/Comment: native or naturalized, non-invasive, drought-tolerant trees and shrubs to be required for planting or replanting in BMC 20.50. The criterion is for trees that produce canopy and do not require supplemental irrigation after first two years. Include this definition with all new deed transfers within City limits (see "deed transfers", below). Response: The proposed code sections incentivize drought-tolerant trees. Requiring landscaping standards be cited on all deed transfers would likely require a separate process coordinated with the City Attorney, not best addressed within the zoning code. Question/Comment: Species to be selected from a) Bremerton's arborist-approved tree list (Mike Miller only); b) Kitsap Conservation District's approved planting list (Anna Mockler only). Mike and I were the only attendees who knew about the contents of either list. Response: Staff is unfamiliar with a Kitsap Conservation District (KCD) approved planting list, potentially this is a reference to the list of plants available at the annual KCD Native Plant Sale. The City of Bremerton Approved Street Tree List is limited to trees within the right-of- way, and (if the proposed code is adopted) alternative standards per BMC 20.50. Outside the current proposal, it is not recommended to limit tree varieties to either list in BMC 20.50. Question/Comment: This can be resolved, I think, with a requirement that all plantings be covered by bonding for "surviving and thriving" with only water-bag irrigation for three years. Such bonds typically cover City's costs to remove dead / non-thriving plants & replace with new plants & establish new three-year bond. Current BMC 20.50 calls for selection from Amer. Assoc. Of Nurserymen, which is defunct and contains over 10K species. Response: Drought resistant trees are proposed to be incentivized, not required. Citywide enforcement may not be feasible to ensure property owners do not plant narrowed variety of plant species. The code is proposed to be revised to include American Standard for Nursery Stock. Question/Comment: Bremerton needs a tree canopy assessment. The software iCanopy which let any private person do that was de-funded by USDA on 12/5/2025. Professor Amy Lawrence, Olympic College, was recommended by constituent Susan Digby, retired OC professor, as someone for whom this might be a class project. I have reached out to Professor Lawrence. Response: This proposal is outside the scope of proposed Zoning Code Amendments. The City Council may choose to budget for a tree assessment at any time. Question/Comment: we should preserve and increase tree canopy in Bremerton. How we do that was less clear. Preserve older trees! Adopt Seattle's heritage tree policy! Protect landowners' rights to do what they choose with their land! — all options that were presented. Pretty clear consensus that developers should not cut down mature or older trees without permit approval. Response: Retention of trees outside of critical areas (or their buffers) is encouraged but not prohibited. A permit is currently not required to remove a tree outside critical areas, except that commercial/multifamily properties must maintain conformance with required landscaping standards. Question/Comment: all deed transfers in Bremerton should include notice of COB's policy requirements regarding tree removal. One constituent noted that she had cut down a mature Douglas fir that shaded her home because as a new home-owner, she didn't know that permission was required. Response: As noted previously, a separate process with the City Attorney may be prudent to require notice with every deed transfer. It is unclear from the description whether the noted property owner would have needed a permit to remove a tree from their property. Question/Comment: Define "mature" as per DOE guidelines, establish penalties for non- compliance. For example, Seattle posts each tree's economic value, typically in tens of thousands, around every construction site. And, I assume, requires developers to post a bond for about 125% of that value. Response: Penalties for unpermitted tree removal within critical areas or their buffers are recommended with proposed zoning code amendments, including sizing criteria. Currently, a maintenance bond of 125% can be required for proposed development. Question/Comment: wetland scientists to be certified by Society of Wetland Scientists as either Professional Wetland Scientists (PWS) or Professional Wetland Scientists in Training (PWITs). Current BMC 20.14 calls for either certified or uncertified. Response: This is not consistent with current Department of Ecology guidance, however, it is within the authority of the City Council to make this a requirement. Question/Comment: Bremerton should use its "on-call" contract feature, last used for Parametrix pre-pandemic, to establish a relationship between City and a certified wetland scientist. This person would perform wetland delineations and characterizations as necessary and report to City, at permit applicant's expense. To repeat: the permit applicant would pay for the report. Response: This is an administrative function of the Department of Community Development, not a concept to be codified. As mentioned previously, language could be added to the code specifying costs incurred by the applicant, however, this may be unnecessary and State and Tribal biologists are available to provide the City with feedback from Qualified Professionals. Questions Regarding Proposed Zoning Code Amendments General Question 1. Why are three separate zoning code amendments being presented concurrently? My initial impression is that each of these items would benefit from being presented separately so that adequate time and consideration can be given to each issue. Particularly the Shoreline Management Plan, which is a significant policy document. The memorandum notes that “the impetus for changing these regulations is also unique,” which suggests that the amendments do not share a common timeline or underlying need for adjustment. I would appreciate clarification on the rationale for presenting all three together. Specifically: • Are there statutory or procedural timelines that require these amendments to be considered simultaneously? • Does bundling these amendments together improve efficiency or workflow for the department in a way that would be disrupted if they were considered separately? I am simply trying to better understand the reasoning behind the approach. Chapter 20.14 – Critical Areas 1. Site Plan Review Requirements Can you provide additional clarification regarding the word-for-word inclusion of the following language in the site plan review requirements? As written, the list appears to be extremely comprehensive and could be interpreted as mandatory, even though the section indicates these elements “may” be required. My concern is that this language could create: • A very restrictive and administratively burdensome process for applicants submitting site plans. • Subjective requirements that may vary from applicant to applicant depending on interpretation. While the list seems useful as a menu of potential elements, the current wording could lead applicants to believe all elements are required. 2. Clarification of Sections (b)(1) and (b)(2) What is the functional difference between (b)(1) and the newly added (b)(2)? 3. Skills-Based Hiring Initiative? Is the language in this section connected to the state’s broader initiative promoting skills-based hiring rather than traditional degree requirements, or is it unrelated? 4. Cost Responsibility If the evaluations or analyses referenced in this section are required: • Who is responsible for paying for them? I would recommend adding language clarifying that these evaluations are performed at the applicant’s expense, and that costs should be clearly communicated up front. Ideally, this would include: • An hourly rate structure • A note that costs may vary depending on the professional performing the evaluation Transparency regarding these costs would benefit applicants. 5. Section (e)(1)(ix) Is the information required in (e)(1)(ix) typical for site plan submissions? • Is this information already available through GIS mapping, or • Would applicants need to hire a professional to generate property-specific mapping? Understanding whether this is a standard dataset or a specialized analysis would help clarify the burden on applicants. 1. Shoreline Management Plan 1. Relationship to Comprehensive Plan Height Changes I have significant concerns that modifications or additional standards were not incorporated into the residential development policies in response to the recent height increases adopted through the Comprehensive Plan, particularly in District 3. The Comprehensive Plan now allows: • Up to 80 feet near and around Evergreen Park • Up to 65 feet along the shoreline in Manette These changes primarily affect areas adjacent to the shoreline in my district, yet the Shoreline Management Plan (SMP) does not appear to have been adjusted accordingly. Previously, some of these developments were conditionally permitted, whereas they are now outright allowed. Given that shift, I believe the SMP should incorporate additional and very specific shoreline protections. It appears the SMP may not have been fully considered when the Comprehensive Plan zoning changes were adopted, which suggests an order-of-operations issue. Updating the SMP may be the only way to address that oversight and mitigate potential shoreline impacts. 2. Restoration and Conservation Language In District 3, the Navy is planning a major redevelopment of the Smith Cove area within the next few years. Reporting in the Kitsap Sun indicates that the project may involve changes to shoreline boundaries. Within the Restoration and Conservation section (4), there is language stating projects should “not negatively impact abutting or proximate property owners.” My concern is that this language could create a mechanism for property owners to block restoration or conservation projects based on perceived impacts. Additionally, I believe language should clarify that: • Restoration and conservation needs take priority over incomplete construction projects, regardless of permitting stage. • Incomplete projects should not be eligible for exemptions or “grandfathering” if they conflict with restoration efforts. 3. Map A – Urban Growth Area On Map A, the Urban Growth Area (UGA) is depicted in an extremely light shade of gray that is difficult to distinguish. Given the increasing legislative focus on UGAs, these areas should be more prominently displayed so they are clearly identifiable. Currently, the combination of light coloring and dashed lines makes them difficult to distinguish, particularly with parcel boundaries on the updated maps. 4. Evergreen Park and Setback Distinctions Why does Evergreen Park receive an isolated designation? Considering that height restrictions have increased in this area, it seems reasonable to require a 200-foot shoreline protection area to offset the impacts of taller structures. Additionally, Map D is somewhat confusing: • The purple isolated line runs through the same properties that also appear to have a yellow designation. • It is unclear whether: o All of Lower Manette is exempt from the 200-foot setback, or o Only properties along Upper Shore are exempt due to elevation and the roadway acting as an isolating feature. Clarification would be helpful. 5. Shoreline Buffers Based on Lot Depth (Page 73) Why are shoreline buffers and setbacks based solely on lot depth? Low-density residential development should not necessarily have the same standards as multifamily development. The environmental impact of a single residence is significantly different from a multifamily structure housing 100+ residents, and buffer standards may need to reflect those differences. 6. Ground Floor Commercial in Residential Areas (Page 85) Can you provide examples of ground-floor commercial uses that would be permissible within: • Low-density residential areas, or • Multifamily residential areas? 7. Height Restrictions (Page 86) The height restriction table on page 86 does not appear to match the height allowances adopted in the Comprehensive Plan for District 3. Can staff explain this discrepancy? 8. Definition of “Substantial Number of Residences” RCW 90.58.320 contains language that allows for a considerable degree of interpretation, particularly regarding what constitutes a “substantial number of residences.” Does the Bremerton Municipal Code define this phrase anywhere? In District 3, newly permitted taller buildings are located at lower elevations, below existing tiered residential development. In Manette, views extend far up the hillside, homes as high as 17th Street can have similar sightlines to those at 10th. Allowing 65-foot structures near the shoreline could therefore impact a much larger number of residences uphill than might initially be assumed. 9. Over-Water Residences (Page 96) Are we considering any requirements that over-water homes maintain adequate disaster or environmental liability insurance as a condition of maintaining their nonconforming use status? A significant incident affecting over-water structures could result in environmental damage and financial burdens for taxpayers and surrounding residents. 10. Vegetation and Erosion Control What safeguards exist within the SMP to ensure natural vegetation is preserved to prevent erosion? From my home, I have personally observed significant cliff failures across the water twice within the past two summers, which highlights the importance of stabilizing vegetation along shorelines. Chapter 20.50 – Landscaping 1. Exemptions (Section 20.50.030 B1) Why was 50% selected as the threshold for triggering exemptions? This appears to be a relatively high threshold given that the provision is intended as a mechanism for activating landscaping protections. 2. Maintenance Enforcement What occurs if a property owner fails to maintain landscaping standards outlined in Section (h) Maintenance Required? Is there an enforcement mechanism or penalty structure in place? 3. Approved Street Tree List I will admit that I initially had some concerns while reading this section. However, after reviewing the Bremerton Approved Street Tree List, I was pleasantly surprised by the number of trees that would be wonderful additions throughout the city. One suggestion: it may be helpful to highlight the tree species that qualify for the “every 50-foot exception.” Doing so could make the list easier for residents and developers to navigate. 3 From: Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us> Sent: Wednesday, March 11, 2026 2:18 PM To: Anne Williams <Anne.Williams@ci.bremerton.wa.us> Subject: questions for Garrett Please explain “Noticing Requirements” By noticing parties they do not always have the ability to participate in commenting. “inferring participation MAY be provided in other permitting” Is the rule saying we may notice you but you have no say in the matter? 20.14.165 Bonds Why does it specifically leave out Public Agencies? 20.14.190 Tree Removal Is our Forestry Division required to get DCD approval for tree clearing, including “danger” trees/ Tree Root Barriers Invasive roots should have root barriers of up to 4’ deep On Jan 23, 2026, at 1:03 PM, City Council <City.Council@ci.bremerton.wa.us> wrote: Hello District Six Community – I wanted to share a brief recap of the most recent District Six Town Hall and make sure you have the February 9 Town Hall on your calendar. Our February topic will be “Making Bremerton Better: Our 2026 Budget.” The City’s budget is approximately $258 million—what services do you want that funding to support, and how can we grow our budget? Mike Riley, Finance Director, will join us for a brief presentation followed by Q&A. Below is a recap of the January 12 Town Hall (Eco Forum II) for attendees to review. Please feel free to submit any corrections or additional comments. Clear consensus — native or naturalized, non-invasive, drought-tolerant trees and shrubs to be required for planting or replanting in BMC 20.50. The criterion is for trees that produce canopy and do not require supplemental irrigation after first two years. Include this definition with all new deed transfers within City limits (see "deed transfers", below). Species to be selected from a) Bremerton's arborist-approved tree list (Mike Miller only); b) Kitsap Conservation District's approved planting list (Anna Mockler only). Mike and I were the only attendees who knew about the contents of either list. This can be resolved, I think, with a requirement that all plantings be covered by bonding for "surviving and thriving" with only water-bag irrigation for three years. Such bonds typically cover City's costs to remove dead / non- thriving plants & replace with new plants & establish new three-year bond. Current BMC 20.50 calls for selection from Amer. Assoc. Of Nurserymen, which is defunct and contains over 10K species. Clear consensus — Bremerton needs a tree canopy assessment. The software iCanopy which let any private person do that was de-funded by USDA on 12/5/2025. Professor Amy Lawrence, Olympic College, was recommended by constituent Susan Digby, retired OC professor, as someone for whom this might be a class project. I have reached out to Professor Lawrence. Clear consensus — we should preserve and increase tree canopy in Bremerton. How we do that was less clear. Preserve older trees! Adopt Seattle's heritage tree policy! Protect landowners' rights to do what they choose with their land! — all options that were presented. Pretty clear consensus that developers should not cut down mature or older trees without permit approval. Please send any additional comments to City.Council@bremertonwa.gov. Clear consensus — all deed transfers in Bremerton should include notice of COB's policy requirements regarding tree removal. One constituent noted that she had cut down a mature Douglas fir that shaded her home because as a new home-owner, she didn't know that permission was required. My recommendation: Define "mature" as per DOE guidelines, establish penalties for non-compliance. For example, Seattle posts each tree's economic value, typically in tens of thousands, around every construction site. And, I assume, requires developers to post a bond for about 125% of that value. Clear consensus — wetland scientists to be certified by Society of Wetland Scientists as either Professional Wetland Scientists (PWS) or Professional Wetland Scientists in Training (PWITs). Current BMC 20.14 calls for either certified or uncertified. Final review to be done by WA DOE (current regional reviewer is Neil Molstad). Pretty clear consensus — Bremerton should use its "on-call" contract feature, last used for Parametrix pre-pandemic, to establish a relationship between City and a certified wetland scientist. This person would perform wetland delineations and characterizations as necessary and report to City, at permit applicant's expense. To repeat: the permit applicant would pay for the report. There was discussion about pushback from developers, which all concerned took as a given outcome. But the discussion was thoughtful — how could well-meaning developers argue with a delineation that prevented all reasonable use? Or that didn't make sense to a non-scientist? Again, please email any additional comments to City.Council@bremertonwa.gov. I personally would have added many more protections for critical areas and mature trees. This is the consensus of constituents. I gave you the argument for native trees only; it was a good argument, well-reasoned, and you chose to prefer tree canopy over strict choice of native trees. I have to represent you in everything I can square with my conscience, as I told one attendee who was quite vocal about preference for native plantings only. Let me know your thoughts on any of the above or anything else that occurred at the Jan 12th Townhall. Thank you for helping me represent you better. Anna Anna Mockler, District Six Bremerton City Council 345 6th Street, Suite 100 Bremerton, WA 98337-1873 city.council@ci.bremerton.wa.us (360) 473-5280 www.BremertonWA.gov ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Chapter 20.14 of the Bremerton Municipal Code, entitled Critical Areas, and Chapter 20.50, entitled Landscaping. WHEREAS, the City of Bremerton Critical Areas Ordinance (BMC 20.14) was updated May 4, 2021 per Ordinance No. 5418, and associated Critical Area codes are updated to be consistent with the SMP update; and WHEREAS, the Landscaping regulations in BMC 20.50 were last updated per Ordinance 5364 in 2018 with the Comprehensive Plan Update; and WHEREAS, the proposed code updates are consistent with Best Available Science (BAS), per the Best Available Science and Gap Analysis reports prepared by Facet NW in October 2025; and WHEREAS, the Planning Commission conducted workshops in September, October, November, and December 2025 to discuss the proposed amendments to the Critical Areas and Landscaping regulations; and WHEREAS, in accordance with Chapter 43.21C RCW and WAC 197-11, a Determination of Non-Significance (“DNS”) was issued December 12, 2026, with a comment period which expired on December 26, 2026, and an appeal period which expired on January 9, 2026. No appeals were filed; and WHEREAS, on December 12, 2026, amendments to the Critical Areas and Landscaping regulations were circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, the Planning Commission held a Joint Public Hearing on January 26, 2026 to consider staff’s recommendations, receive testimony, and formulate a recommendation for the SMP update, including the Critical Areas regulations to the City Council for consideration at a duly advertised public hearing. The joint review process, per WAC 173-26- 104, consolidates the local and State of Washington Department of Ecology’s SMP public comment periods, speeding up the approval process; and WHEREAS, on March 20, 2026, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to provide comment and participate in the public hearing by the City Council; and WHEREAS, City Council held two Study Sessions, on February 25 and March 25, 2026, to discuss the proposed amendments; and WHEREAS, City Council received public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Critical Areas and Landscaping code updates on April 1, 2026; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. Planning Commission Findings. The Findings and Conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth herein in full. SECTION 3. Land Use Code Amended. Title 20 of the Bremerton Municipal Code, Chapter 20.14, entitled “Critical Areas,” and Chapter 20.50, entitled “Landscaping,” as set forth in Exhibit B and Exhibit C, attached hereto and incorporated herein by reference, are hereby adopted. SECTION 4. 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 5. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect; and SECTION 6. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2026. _________________________________ JANE REBELOWSKI, Council President Approved this ________ day of ________________________, 2026 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2026 EFFECTIVE the_________day of ______________________, 2026 ORDINANCE NO. ____________ EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A Chapter 20.14 CRITICAL AREAS 20.14.100 GENERAL PROVISIONS. BMC 20.14.100 through 20.14.175 are general provisions pertaining to critical areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.110 PURPOSE. The purpose of this chapter is to protect the public health, safety, and welfare by establishing provisions to classify, protect, and preserve Bremerton’s critical areas and their functions and values by providing standards for development in association w ith these areas. The identification and protection of critical areas is required by the Washington State Growth Management Act of 1990 (Chapter 17, Laws of 1990). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.115 INTENT. Critical areas include wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. The review of critical areas will consider the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate no net loss of applicable critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or watershed processes that relate to applicable critical area condition, process, or service. The intent of this chapter is to preserve the beneficial functions and values of critical areas, and to minimize potential dangers or public costs associated with the inappropriate use of such areas, and to manage development in or adjacent to critical areas. This chapter contains classification criteria and preservation standards for each type of critical area. Classification criteria identify physical characteristics by which critical areas are designated. Preservation standards protect critical areas from degradation caused by improper development. These criteria and standards will secure the public health, safety and welfare by: (a) Reducing risk of damage due to erosion, flooding, and landslides; (b) Reducing the risks to the public from personal injury, loss of life, or property damage; (c) Maintaining surface water quality and protecting groundwater areas which help recharge (purify or resupply) rivers, streams, and aquifers; (d) Maintaining and protecting priority fish and wildlife habitats, including restoration of riparian habitat; (e) Maintaining and protecting the habitat of threatened and endangered wildlife species; (f) Avoiding public expenditures to correct damaged or degraded critical ecosystems; (g) Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential presence of a critical ecosystem and possible development limitations; (h) Providing flexibility and attention to site-specific characteristics when administering code, allowing for reasonable use of private property and the provision of public facilities and services necessary to support existing development; (i) Applying the best available science, as determined according to WAC 365-195-900 through 365-195- 925; (j) Implementing the goals, policies, guidelines, and requirements of Bremerton’s Comprehensive Plan and the Washington State Growth Management Act. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.120 SCOPE AND APPLICABILITY. (a) General. This chapter applies to any public or private activity or action which would alter the condition of any land, water or vegetation, or construct or alter any structure or improvement regulated by this title, on any land which meets the classification standards for any critical area defined herein. Such activities or actions include, but are not limited to: (1) Building, demolition, clearing, grubbing, grading, filling; (2) Subdivisions and short plats; (3) Reclassifications, site plan approvals, shoreline substantial development permits, and special and conditional use permits; (4) Temporary use permits, variances, exceptions and waivers. (b) Where one (1) site is classified as containing two (2) or more critical areas, the project shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter. (c) Mapping. Critical areas may be located through the use of any and all information from the United States Department of Agriculture, Department of Fish and Wildlife, National Resources Conservation Service, the United States Geological Survey, the Wa shington Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps, Bremerton topography maps, the Kitsap County Generalized Wetland and Critical Areas Inventory maps, Kitsap Public Utilities District maps, and Kitsap County Assessor’s maps, and other Geographical Information Systems (GIS) data provided by Kitsap County. The above-listed maps and data sources are only guidelines available for reference. The actual location of critical areas must be determined on a site-by-site basis according to the classification criteria found in this chapter. (d) Any individual critical area adjoined by another type of critical area shall have a buffer or protection area and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing regulation conflicts with this chapter, that which provides more protection to the critical areas shall apply. 20.14.125 RELATIONSHIP TO OTHER REGULATIONS. Applications for permits and approvals are subject to the provisions of this chapter as well as to other provisions of state and City law, including all other chapters of BMC Title 20, Land Use Code, and Shoreline Master Program. Where this chapter imposes greater restrictions than existing regulations, easements, covenants or deed restrictions, the provisions of this chapter shall prevail. Compliance with the provisions of the Title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Permits, HPA permits, Army Corps of Engineers Section 404 permits, Ecology Section 401 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this Title. Where applicable, the City may encourage use of information such as permit applications t o other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.130 ADMINISTRATION AND PROCEDURES. The requirements and criteria of this chapter shall be applied at the time of application for any development proposal, land use project or nonproject action requiring permit approval subject to the BMC. The requirements and criteria of this chapter shall be applied in conjunction with review for permits required by other chapters of the BMC. Procedures specifically related to the application of this chapter are as follows: (a) Project Permits. The procedures as set forth in Chapter 20.02 BMC, Project Permits, shall apply unless modified by this chapter. (b) Presubmittal Conference. Any applicant intending to construct, grade or conduct any activity subject to this chapter in a critical area or its buffer is encouraged to schedule a presubmittal conference during the earliest possible stages of project planning to discuss impact avoidance before large commitments have been made to a particular project design. Effort put into presubmittal conferences and planning will help applicants create projects which will be more quickly and easily processed. (c) Burden of Proof. Applications for any proposal subject to this chapter shall be reviewed by the Department of Community Development for completeness and consistency with this chapter. At every stage, the burden of proof demonstrating that any proposed development is consistent with this title is upon the applicant. (d) Special Reports. When a critical area is on site or adjacent to the site, or the Department of Community Development determines a likelihood that a critical area is on site or adjacent to the site, the Department may require submittal of additional special reports and studies prepared by qualified specialists to make an assessment or delineation of the critical area. The Department of Community Development will seek consultation with affected agencies and tribes as necessary, in such cases, comments shall be received within 14 days of the request for comment. Sections of this chapter include detailed procedures for preparation of special reports. (e) Site Plan. Applications for any proposal subject to this chapter shall include a site plan drawn to scale identifying locations of critical areas in addition to proposed structures and activities. Site plan submittal shall meet the standards of BMC 20.58.080, Site Plan Review., including but not limited to boundaries of property lines, critical areas and buffers (including field flag numbers), buildings, roads, stormwater facilities, parking lots, utilities, location of test holes, proposed clearing areas, proposed and actual septic fields, proposed buffer reductions, proposed buffer enhancements, location of critical area delineation stakes, breaks in stream type, significant trees, and habitat trees as applicable to the specified critical area. A Keyhole Markup Language Zipped (KMZ) or Geographic Information Systems (GIS) shapefile of these features may be required with submittal. (f) Conditions. The Director may attach any conditions deemed necessary to minimize or avoid impacts to any critical area in order to meet the requirements and intent of this chapter. Development may be prohibited in a proposed site based on criteria set forth in this chapter. (g) Notice to Title and Hold Harmless. The owner of any property upon which approval under BMC Title 20, or BMC Title 17, is sought, with a critical area or critical area buffer verified on site through an assessment delineation or permit application, shall record a "Notice to Title" of the presence of the critical area and/or buffer with the Kitsap County Auditor when requ ired by the Department. The Department may require recording of a "Notice to Title and Hold Harmless" in cases where a site -specific critical area could pose potential threats to safety or property if altered through future acts. Said document shall also s erve as a hold harmless and covenant holding the City harmless from claims due to soil disturbances or any development on the property in conjunction with issuance of development permits by the City. The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. (h) Time Limit. The approvals granted under this chapter shall be valid for the same time period as the underlying permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a specified expiration date, then approvals granted under this title shall be valid for a period of three (3) years from the date of issue, unless a longer or shorter period is specified by the Department. (i) Activities Not Requiring a Permit. If an activity is subject to this chapter per BMC 20.14.120 but is not subject to any established City permit, the proponent shall obtain written authorization from the Department prior to commencement to ensure compliance with the chapter. (j) Modifications and Reductions. Modifications or reductions to critical areas buffers, setbacks, or other standards through a site-specific or special report shall be processed as a Type I (for applications where the underlying permit does not require SEPA) or Type II (for applications where the underlying permit requires SEPA) decision per BMC 20.02.040, Table 040. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.140 APPEALS. An appeal of a decision regarding a critical area may be made in accordance with BMC 20.02.140. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.145 EXEMPTIONS. An exemption means that an activity is fully exempt from critical areas review, and not subject to the provisions of this chapter. The proponent of the activity may submit a written request for exemption to the Director that describes the activity and stat es the exemption listed in this section that applies. The Director shall review the request to verify that it complies with this chapter and approve or deny the exemption as a Type I administrative determination. All exempted activities shall use best mana gement practices to the greatest possible extent to avoid potential impacts to critical areas. The following developments, activities and associated uses shall be exempt: (a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety or welfare, or that pose an immediate risk of damage to property and that require remedial or preventative action in a short time frame. The person or agency undertaking such action shall notify the Department, and the Director shall determine if the action taken is within the scope of the emergency action allowed in this section. While actions taken to temporarily stabilize an emergency are exempt, resulting development shall be subject to the provisions in the Chapter. After the emergency, the person or agency shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting from the action in accordance with an approved critical area report and mitigation plan. Restoration must be initiated within one year of the date of the emergency and completed within one year unless otherwise approved by the Director. (b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not requiring permits, if the activity does not further alter or increase the impact to critical areas or their buffers. (c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area. (d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222. (e) Existing Infrastructure Maintenance and Repair. Maintenance and repair of legally existing roads, utilities, infrastructure and associated facilities. (f) Activities Within the Improved Right-of-Way. Construction of new utility facilities, improvements or upgrades to existing utility facilities that take place within existing improved rights -of-way or existing impervious surfaces that do not increase the amount of impervious surface. (g) Voluntary restoration activities that preserve or enhance ecological functions and do not involve grading, filling, or using heavy equipment unless approved by the Director. The proponent of the activity shall submit a written request for exemption to the Director that describes the activity. Dependent on the scope of the activity, the Director may require a Special Report demonstrating no net loss at a minimum. (h) Minor site investigative work (e.g., surveys, soil logs, percolation tests) that do not involve new road construction, significant excavation, or removal of significant trees. In all cases, impacts to critical areas shall be minimized and disturbed areas promptly restored. 20.14.150 PUBLIC AGENCY EXCEPTION. An exception means that an activity may receive special consideration and relief from certain provisions of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review, and demonstrate mitigation sequencing as applicable. Public agencies may make an application for exception to the Department for construction of items such as new roads, utilities, infrastructure and associated facilities. The application shall include critical area identification; critical area report, including mitigation plan if necessary; and any other related project documents such as environmental documents pursuant to SEPA, Chapter 43.21C RCW. The City will provide notification to the Department of Fish and Wildlife, Department of Ecology, and affected tribes to request comment. The decision whether to grant the public agency utility exception shall be processed as a Type II Type III Hearing Examiner decision per Chapter 20.02 BMC pursuant to the following review criteria: (a) There is no other practical alternative to the proposed development with less impact on the critical areas; and (b) The application of this chapter would unreasonably restrict the ability to provide utility services to the public. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.155 REASONABLE USE EXCEPTION. An exception means that an activity may receive special consideration and relief from certain provisions of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. An applicant may apply for a reasonable use exception if it can be demonstrated that application of this chapter would deny all reasonable use of the subject property. The application shall include materials consistent with BMC 20.58.080(e) and critical areas identification; critical areas report including mitigation plan, if necessary; and any other related project documents such as environmental documents and special studies. The City will provide notification to the Department of Fish and Wildlife, Department of Ecology, and affected tribes to request comment. Approvals granted shall be valid for a period of three (3) years from the date of issuance; the Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. The decision whether to grant the reasonable use exception shall be processed as a Type III Hearing Examiner decision per BMC 20.02.110 pursuant to the following review criteria: (a) The application of this chapter would deny all reasonable use of the property; (b) No other reasonable use of the property has less impact on the critical area; (c) Any alteration is the minimum necessary to allow for reasonable use of the property . The applicant shall provide a mitigation sequencing analysis addressing no net loss of ecological functions ; and (d) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this title or its predecessor. 20.14.160 NONCONFORMING USES/STRUCTURES. An established use or existing structure that was lawfully permitted prior to the adoption of this chapter, but which is not in compliance with this chapter, may continue subject to the provisions of Chapter 20.54 BMC and the following criteria. (a) Legally established structures may be remodeled or reconstructed; provided, that the new construction or related activity does not further intrude into the critical area or its associated buffers. (b) New construction or related activity connected with an existing single -family dwelling may be considered exempt from additional critical area permitting, provided no such exemption has been previously granted and all the following criteria are demonstrated: (1) No portion of the new structure or addition is located closer to the critical area or buffer than the existing structure; (2) Expansion is located on the development side opposite of the critical area or buffer; (3) The expansion does not result in the loss of significant trees; and (4) A habitat management plan consistent with BMC 20.14.740, and/or wetland report consistent with BMC 20.14.360, including demonstration of “no let loss of ecological functions or values,” is provided to support and mitigate for the expanded footprint. 20.14.165 BONDS. All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the amount of one hundred fifty (150) percent of the average expected value of the project. The value of the bond shall be based on the average of three (3) contract bids that establish all costs of compensation, including costs relative to performance, monitoring, maintenance, and provision for contingency plans. (a) Performance Bonds. Except for public agencies, applicants receiving a permit are required to post a cash performance bond or other acceptable security to guarantee compliance with this chapter prior to beginning any site work. The surety shall guara ntee that work and materials used in construction are free from defects. All bonds shall be approved by the City Attorney. The surety or bonds cannot be terminated or canceled without written approval. The Director shall release the bond after documented proof that all structures and improvements have been shown to meet the requirements of this chapter and that a maintenance bond has been posted, if required. (b) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter will perform satisfactorily for a minimum of three (3) five (5) years after they have been constructed and approved. Extended monitoring periods may be required by the City when site-specific conditions, mitigation complexity, or best available science indicate a longer period is necessary to ensure successful establishment and persistence of functions and values. Should an extended monitoring period be required, the City may require updated mitigation cost estimates and bonding. All bonds shall be on a form approved by the City Attorney. Without written release, the bond cannot be canceled or terminated. The Director shall release the bond after determination that the performance standards established for measuring the effectiveness and success of the project have been met. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.170 ENFORCEMENT. (a) No regulated activity, as defined in BMC 20.14.200, shall be conducted without a permit and without full compliance with this chapter. All activities not allowed or conditionally approved shall be prohibited. (b) The Director shall have authority to enforce this chapter, issue delineation verifications, permits, and violation notices, and process violations through the use of administrative orders and/or civil and criminal actions as provided for herein, and as listed in BMC 20.40.180. (c) In the event of violation, the City shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. If work is not completed in a reasonable time following the order, the City may implement a process to restore or enhance the affected site. This includes creation of new wetlands or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be liable for all costs of such action, incl uding administrative costs. (d) Failure to comply with an administrative order of the Director under this section shall constitute a violation subject to enforcement pursuant to this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.175 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.180 SEVERABILITY. If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the provisions of each clause, sentence, paragraph, section or part of this chapter are hereby declared to be severable. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.190 TREE REMOVAL. Trees and other vegetation are important elements of the physical environment, especially those located within or near critical areas. “Tree Removal” means the removal of a tree, through either direct or indirect actions, including but not limited to: (1) clearing, damaging, girdling, or poisoning, in each case, resulting in an unhealthy or dead tree; or (2) damage to roots or trunk that is likely to destroy the tree’s structural integrity. This section addresses removing trees within critical areas or their associated buffers. Removal of trees within geological hazardous area shall also comply with BMC 20.14.630(e) and (f). The Director may require a Site Development Permit. (a) Elimination of Danger Trees. Any tree that poses an imminent threat to life or property may be removed; the City must be notified within seven days after an emergency tree removal. Removal of danger trees within the critical area or associated buffers may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (b) Tree Replacement. Trees removed from the critical area or associated buffers, including danger trees, must comply with the following provisions: (1) Removal of trees greater than six (6) inches in diameter at four (4) feet in height shall be replaced at a ratio of three to one (3:1) with native species and shall be a minimum of six (6) feet in height at the time of planting for both evergreen and deciduous trees. Replacements shall be located within an on-site required critical area buffer. Replacement trees shall be spaced appropriately for the species type or as specified in a critical area report. In the case of a danger tree being removed, the danger tree may be removed and replaced with a three to one (3:1) ratio of a native tree that is known to enhance the critical area in which it is located without a critical area report. The Director or his or her their designee may grant some or all replacement locations outside a critical area buffer at a nearby location, where no feasible alternative exists. For applicable habitats, before removing the complete tree applicants will demonstrate stumping the tree to create or retain wildlife snags is not feasible, as determined by the Director. (2) Shoreline Jurisdiction. Properties located within the City’s shoreline jurisdiction are subject to additional tree removal and replacement standards if the tree(s) to be removed are located within the required shoreline buffer. See Shoreline Master Program Section 7.020 for additional standards. (Ord. 5418 §2, 2021; Ord. 5301 §3 (Exh. B) (part), 2016) (c) Penalties. Any person who violates of any portion of this section may be subject to any applicable penalties per BMC 1.04 plus a per tree penalty in the amount of $1,000 per nonsignificant tree and $5,000 per significant tree, as defined per BMC 20.50.050(d)(4), for trees removed from a critical area or critical area buffer in violation of the provisions of this chapter. Trees four (4) inches in diameter or less, measured four (4) feet above existing grade, may be subject to any applicable penalties per BMC 1.04 but are not subject to a per tree penalty. 20.14.200 DEFINITIONS. Words not defined in this title shall be as defined in the Bremerton Municipal Code, the Washington Administrative Code, or the Revised Code of Washington. Words not found in either code shall be as defined in Webster’s Third New International Dictionary, latest edition. "Active fault" means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one (1) or more times in the last ten thousand (10,000) years, but faults may also be considered active in some cases if movement has occurred in the last five hundred thousand (500,000) years. "Adaptive management" relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. The process of monitoring and improving permits, regulations, and programs to ensure the protection of critical areas. "Adjacent," for the purposes of this chapter, means immediately adjoining (in contact with the boundary of the influence area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. "Adjacent" shall mean any activity or development located: A. On a site immediately adjoining a critical area; B. A distance equal to or less than the required critical area buffer width and building setback; C. A distance equal to or less than three hundred (300) feet upland from a stream, wetland, or water body; D. Bordering or within the floodway, floodplain, or channel migration zone; or E. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge area. "Advance mitigation" means mitigation of an anticipated critical area impact or hazard completed according to an approved critical area report and prior to site development. “Agricultural activities (existing and ongoing)” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conversation program. Forest practices are not included in this definition. "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and/or that has been designated as long-term commercial significance for agricultural production. "Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. "Alteration" means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, clearing, grubbing, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, chemical applications (e.g., herbicides, pesticides, hazardous substances), vegetation management exceptions (e.g., removal of noxious weeds), pollutant discharge, grazing of domestic animals, surface water management modifications, or any other activity that changes the character of the critical area. "Anadromous fish" means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years , moving in and out of saltwater and spawning each year, steelhead as well as sea run cutthroat can spawn more than once. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, inter-gravel incubation, rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults. "Applicant" means a person who files an application for permit under this title and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person. "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. "Aquifer, confined" means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and that contains groundwater under sufficient pressure for the water to rise above the top of the aquifer. "Aquifer recharge areas" means areas that, due to the presence of certain soils, geology, and surface water, act to recharge groundwater by percolation. "Aquifer, sole source" means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply fifty (50) percent or more of the drinking water for an area without a sufficient replacement available. "Aquifer susceptibility" means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media. "Aquifer, unconfined" means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing groundwater under pressure approximately equal to that of the atmosphere. This term is synonymous with the term "water table aquifer." "Area of shallow flooding" means an area designated AO or AH Zone on the flood insurance map(s). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be ev ident. AO is characterized as sheet flow and AH indicates ponding. "Associated wetlands" means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. "Base flood" means a flood event having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. Designations of base flood areas on flood insurance map(s) always include the letters A or V. "Basement" means any area of the building having its floor below ground level on all sides. "Best available science" means scientifically valid information in accordance with WAC 365-195-900, as now or hereafter amended, that is used to develop and implement critical areas policies or regulations. means current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available science are include d in "Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas" published by the Washington State Department of Community, Trade and Economic Development. "Best management practices (BMPs)" means conservation practices or systems of practices and management measures that: A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; B. Minimize adverse impacts to surface water and groundwater flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands; C. Protect trees and vegetation designated to be retained during and following site construction and use native plant species appropriate to the site for revegetation of disturbed areas; and D. Provide standards for proper use of chemical herbicides within critical areas. The City shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to. "Biodiversity" means the variety of animal and plant life and its ecological processes and interconnections represented by the richness of ecological systems and the life that depends on them through time, including human life and economies. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. "Buffer" or "buffer zone" means an area that is contiguous to and protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area. Buffers can protect the functions and values of critical areas by preserving existing native vegetation, or nonnative vegetation excluding noxious weeds. "Channel migration zone (CMZ)" means the lateral extent of likely movement along a stream or river during the next one hundred (100) years as determined by evidence of active stream channel movement over the past one hundred (100) years. Evidence of active movement over the one hundred (100) year time frame can be inferred from aerial photos or from specific channel and valley bottom characteristics. The time span typically represents the time it takes to grow mature trees that can provide functional large woody material debris to streams. A CMZ is not typically present if the valley width is generally less than two (2) bankfull widths, if the stream or river is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channe l avulsion without hydraulic connections shall not be considered within the CMZ. "Clearing" means the removal of noninvasive surface vegetation including, but not limited to, brush, shrubs, natural grasses, and trees. Removal of surface vegetation in quantities greater than the minimum necessary to maintain a well-functioning natural habitat constitutes clearing. For the purposes of this chapter, activities described in BMC § 20.14.630(f), Vegetation Thinning, constitute clearing. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the flood insurance map(s) as Zone V1-30, VE, or V. "Compensation project" means actions necessary to replace project-induced critical area and buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. "Compensatory mitigation" means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to, the following: A. "Creation" means actions performed to intentionally establish a critical area such as a wetland at a site where it did not formerly exist. An example activity could involve excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species. B. "Enhancement" means actions performed to improve the condition of existing degraded critical areas such as a wetland so that the functions they provide are of a higher quality. An example activity could involve excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils by intercepting groundwater, and in turn supports the growth of hydrophytic plant species. C. "Preservation" means actions taken to ensure the permanent protection of existing, high-quality critical areas such as wetlands. means preventing the decline of critical areas by an action in or near those critical areas. This term can include activities commonly associated with the protection and maintenance of critical areas through the implementation of appropriate legal and physical mechanisms such as recording conservation easements and providing structural protection like fences a nd signs. Preservation does not result in a gain of aquatic resource area or functions but may result in a gain in functions over the long term. D. "Restoration Rehabilitation" means actions performed to reestablish critical areas functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland. means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. "Conservation easement" means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long- term protection. "Critical aquifer recharge area" means areas determined to have a critical recharging effect on aquifers used for potable water as classified per BMC § 20.14.420. "Critical area tract" means land held in private ownership and retained in an open condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include, but are not limited to, portions and combinations of forest habitats, grasslands, shrub steppes, on-site watersheds, one hundred (100) year floodplains, shorelines or shorelines of statewide significance, riparian areas, and wetlands. "Critical areas" include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this title. "Critical facility" means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. "Critical species" means all animal and plant species listed by the state or federal government as threatened or endangered. "Cumulative impacts or effects" means the combined, incremental effects of human activity on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. "Danger tree" means a tree that is dead, or is so affected by a significant structural defect or disease that falling or failure appears imminent, or a tree that impedes safe vision or traffic flow, or that otherwise currently poses a threat to life or property. Department. Unless otherwise noted, "Department" is defined as the City of Bremerton Department of Community Development. "Developable area" means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title. "Development" means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that bind land to specific patterns of use including, but no t limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities: A. Interior building improvements. B. Exterior structure maintenance activities, including painting and roofing. C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning, and weeding. D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries. "Development permit" means any permit issued by the City, or other authorized agency, for construction, land use, or the alteration of land. "Director" means the Director of the Bremerton Department of Community Development or other responsible official, or other City staff granted the authority to act on behalf of the Director. “Ecosystem functions” means the products, physical and biological conditions, and environmental qualities of an ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions include, but are not limited to, sequestered carbon, attenuat ed peak stream flows, aquifer water level, reduced pollutant concentrations in surface and ground waters, cool summer in-stream water temperatures, provision of wood and gravel to stream channels, and fish and wildlife habitats. “Ecosystem values” means the cultural, social, economic, and ecological benefits attributed to ecosystem functions. "Elevated building" means a building that has no basement and its lowest elevated floor is raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. "Emergent wetland" means a wetland with at least thirty (30) percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata. "Erosion" means the process whereby wind, rain, water, and other natural agents mobilize and transport particles. “Erosion hazard areas” means those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas, channel migration zones, and areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. "Exotic" means any species of plants or animals which are foreign to the planning area. "Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term, and isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: A. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association; B. Priority habitat species and species of local importance including, but not limited to, areas designated as priority habitat by the Washington Department of Fish and Wildlife; C. Streams and watercourses used by juvenile salmonids, and habitat of species essential to the juvenile salmonid diet; D. Commercial and recreational shellfish areas; E. Kelp, eelgrass beds, pocket estuaries, herring, smelt, sandlance and other forage fish spawning habitat; F. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds; G. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington; H. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; I. State natural area preserves and natural resource conservation areas; and J. Land essential for preserving connections between habitat blocks and open spaces. K. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. "Fish habitat" means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off -channel habitat. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source. "Flood insurance map" means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and includes the risk premium zones applicable to the community. Also known as "flood insurance rate map" or "FIRM." "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Flood protection elevation" means the elevation that is one (1) foot above the base flood elevation. "Flood-resistant material" means materials designed to be resistant to the impacts associated with flooding and defined and described in detail in the Federal Emergency Management Agency's Technical Bulletin No. 2-93, 1993, and FEMA publication FEMA-348, Protecting Building Utilities from Flood Damage. "Floodplain" means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one (1) foot. Also known as the "zero rise floodway." "Forested wetland" means a wetland with at least thirty (30) percent of the surface area covered by woody vegetation greater than twenty (20) feet in height that is at least partially rooted within the wetland. "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping. "Formation, confining" means the relatively impermeable formation immediately overlying a confined aquifer. "Frequently flooded areas" means lands in the floodplain subject to a one (1) percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the Director in accordance with WAC 365-190-080(3). Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Classifications of frequently flooded areas include, at a minimum, the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. "Functions and values" means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to help set targets (species composition, structure, etc.) for managed areas, including mitigation sites. "Geologically hazardous areas" means areas that may not be suited to development consistent with public health, safety, or environmental standards, because of their steep slopes, susceptibility to erosion, sliding, earthquakes, or other geological events. For the purposes of this code, "geologically hazardous areas" are those areas receiving high or moderate geologically hazardous classifications per BMC § 20.14.600 through § 20.14.660. "Groundwater" means water in a saturated zone or stratum beneath the surface of land or a surface water body. "Groundwater management area" means a specific geographic area or subarea designated pursuant to Chapter 173 -100 WAC for which a groundwater management program is required. "Groundwater management program" means a comprehensive program designed to protect groundwater quality, to ensure groundwater quantity, and to provide for efficient management of water resources while recognizing existing groundwater rights and meeting future needs consistent with local and state objectives, policies, and authorities within a designated groundwater management area or subarea and developed pursuant to Chapter 173-100 WAC. "Groundwater, perched" means groundwater in a saturated zone, separated from the underlying main body of groundwater by an unsaturated rock zone. "Grading" means excavating, filling or embanking of earth materials in quantities equal to or greater than fifty (50) cubic yards, as specified per the Bremerton Municipal Code grading permit requirement. "Grubbing" means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs or other debris, and shall include the incidental removal of topsoil and earth in quantities lesser than fifty (50) cubic yards. "Habitat conservation areas" means areas designated as fish and wildlife habitat conservation areas. "Habitat management plan (HMP)" means a report prepared by a professional wildlife biologist or fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions within 300 feet of a site and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site. “Habitats of Local Importance”. means These areas include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, taluses, and wetlands (WAC 365 -190- 030). "Hazard areas" means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition. "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. "High-intensity land use" means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, medium- and high-density residential (more than one (1) home per five (5) acres), multifamily residential, some agricultural practices, and commercial and industrial land uses. "High quality wetlands" means those wetlands that meet the following criteria: A. No, or isolated, human alteration of the wetland topography; B. No human-caused alteration of the hydrology or the wetland appears to have recovered from the alteration; C. Low cover and frequency of exotic plant species; D. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; E. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and F. No known major water quality problems. "Historic condition" means a condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. "Hydraulic project approval (HPA)" means a permit issued by the Washington Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 77.55 75.20 RCW. "Hydric soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. "Hydrologic soil groups" means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four (4) hydrologic soil groups: A. Low runoff potential and a high rate of infiltration potential; B. Moderate infiltration potential and a moderate rate of runoff potential; C. Slow infiltration potential and a moderate-to-high rate of runoff potential; and D. High runoff potential and very slow infiltration and water transmission rates. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. "Hyporheic zone" means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. "Impervious surface" means any material which reduces or prevents absorption of stormwater into previously undeveloped land. Permeable paving technologies shall not be classified as impervious surfaces. (See also "Paved surface" in BMC § 20.42.040 for a discussion of impervious pavements.) "In-kind compensation" means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in category." "Infiltration" means the downward entry of water into the immediate surface of soil. "Injection well(s)" means: A. Class I. A well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter (1/4) mile of the well bore, an underground source of drinking water. B. Class II. A well used to inject fluids: 1. Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous w astes at the time of injection; 2. For enhanced recovery of oil or natural gas; or 3. For storage of hydrocarbons that are liquid at standard temperature and pressure. C. Class III. A well used for extraction of minerals, including but not limited to the injection of fluids for: 1. In-situ production of uranium or other metals that have not been conventionally mined; 2. Mining of sulfur by Frasch process; or 3. Solution mining of salts or potash. D. Class IV. A well used to inject dangerous or radioactive waste fluids. E. Class V. All injection wells not included in Classes I, II, III, or IV. "Invasive" means a vegetative or animal species not native to a region, and marked by a tendency to spread, especially with proclivity to replace healthy native species. "Isolated wetlands" means those wetlands that are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. "Non-federally regulated wetland” means a wetland that is not jurisdictional under the federal Clean Water Act. Sometimes referred to as “isolated wetlands,” these wetlands remain regulated under state and local laws and rules, whether or not they are protected by federal law. "Joint aquatic resource permits application" means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Washington State Department of Natural Resources use authorization, and U.S. Army Corps of Engineers permits. “Landslide Hazard Areas” means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors consistent with WAC 365-190-030(10) and WAC 365-190-120(6). Land Use, High-Intensity. See "High-intensity land use." Land Use, Low-Intensity. See "Low-intensity land use." Land Use, Moderate-Intensity. See "Moderate-intensity land use." "Low-impact development (LID)" is a stormwater management and development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions. "Low-intensity land use" means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or forest management land uses. "Lowest floor" means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, which is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable requirements of this title. "Mine hazard areas" means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material. "Mitigation" means avoiding, minimizing, or compensating for adverse critical areas impacts. "Mitigation," in the following sequential order of preference, is: A. Avoiding the impact altogether by not taking a certain action or parts of an action; B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; C. Rectifying the impact to wetlands, critical aquifer recharge areas, and fish and wildlife habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods, provided the engineered method creates the minimum disturbance necessary to mitigate the action, and the method does not adversely impact categories of critical areas other than those being mitigated; E. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; F. Compensating for the impact to wetlands, critical aquifer recharge areas, and fish and wildlife habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and G. Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. "Mobile home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "mobile home" does not include a "recreational vehicle." "Mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. "Moderate-intensity land use" means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts including, but not limited to, low density residential (no more than one (1) home per five (5) acres), active recreation, and moderate agricultura l land uses. "Monitoring" means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of critical area ecosystem functions and processes, and assessing the effectiveness of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features compared to baseline or pre-project conditions and/or reference sites. An important objective of monitoring mitigation projects is to verify the impact of the project on the environment predicted in submitted/approved mitigation plans. Monitoring also includes gathering baseline data. of such systems, and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, including gathering baseline data. "Native growth protection area (NGPA)" means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat. "Native vegetation" means plant species that are indigenous to the area in question. "Natural waters" means waters, excluding water conveyance systems that are artificially constructed and actively maintained for irrigation. “Nonconformity”. See BMC § 20.54.040, Definitions, of the nonconforming provisions of this title. “No net loss” means the maintenance of the aggregate of the City's critical area ecological functions and values. The no net loss standard requires that the impacts of the development and/or use, whether permitted or exempt, be identified and prevented or mitigated such that there are no resulting adverse impacts on ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss requirement. The no net loss standard applies at multiple scales, starting at the project site. To meet no net loss, mitigation sequencing standards must be applied, with compensatory mitigation being as in- kind and near to the impact as feasible. "Off-site compensation" means to replace critical areas away from the site on which a critical area has been impacted. "On-site compensation" means to replace critical areas at or adjacent to the site on which a critical area has been impacted. "Ordinary high water mark (OHWM)" means the mark on all lakes, streams, and tidal waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. "Out-of-kind compensation" means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement "out -of-category." "Permeability" means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement. "Porous soil types" means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices, or other openings which allow the passing of water. "Potable water" means water that is safe and palatable for human use. "Practical alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has less impacts to critical areas. "Primary association area" means the area used on a regular basis by, is in close association with, or is necessary for the proper functioning of the habitat of a critical species. "Regular basis" means that the habitat area is normally, or usually, known to contain a critical species, or based on known habitat requirements of the species, the area is likely to contain the critical species. "Regular basis" is species and population dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat ty pes. "Priority habitat" means habitat type or elements with unique or significant value to one (1) or more species as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described success ional stage, or a specific structural element. "Project area" means all areas within fifty (50) feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum. "Qualified professional" means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and five (5) years of related work experience. A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species, and meet the requirements set forth in BMC § 20.14.360 and BMC 20.14.740. B. A qualified professional for a geological hazard must be a professional civil or geotechnical engineer with experience in the field, or geologist, licensed in the State of Washington. C. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments, and meets the requirements set forth in BMC § 20.14.450. D. A qualified professional for wetland must be a Professional Wetland Scientist through the Society of Wetland Scientists professional certification program, or meet the following criteria: (i) A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science, botany, ecology, resource management, or related field, or four years of full-time work experience as a wetland professional may substitute for a degree, and (ii) At least two additional years of full-time work experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans, and (iii) Completion of additional wetland-specific training programs. This could include a more comprehensive program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function assessment, mitigation design, hydrophytic plant or hydric soil identification. "Recharge" means the process involved in the absorption and addition of water to groundwater. "Reclaimed water" means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable for beneficial use. Following treatment, it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the State Departments of Ecology and Health). Recreation Vehicle. See definition in Chapter 20.42 BMC. "Repair" or "maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. "Restoration" means measures taken to restore an altered or damaged natural feature including: A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian - associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified or from the channel migration zone (CMZ). In forested ecoregions, this is the area within one SPTH200 (minimum 100 feet) measured from the wider of the Ordinary High Water Mark (OHWM), Channel Migration Zone (CMZ), or active floodplain. In dryland ecoregions the Riparian Management Zone (RMZ) begins at the wider of OHWM, CMZ, or active floodplain; its width is equal to the greater of one SPTH 200, 100 feet, or the outermost point of the riparian vegetative community. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. “Riparian Management Zone (RMZ)” means a type of fish and wildlife habitat conservation area delineated by the Water Type Buffer Standards of this chapter. “Scientific process”. means a A valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as follows: A. Peer Review. The information has been critically reviewed by other qualified scientific experts in that scientific discipline. B. Methods. The methods that were used are standardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to ensure their reliability and validity. C. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and are logically and reasonably derived from the assumptions and supported by the data presented. D. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods. E. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge. F. References. The assumptions, techniques, and conclusions are well referenced with citations to pertinent existing information. "Scrub-shrub wetland" means a wetland with at least thirty (30) percent of its surface area covered by woody vegetation less than twenty (20) feet in height at the uppermost strata. "Section 404 permit" means a permit issued by the U.S. Army Corps of Engineers for the placement of dredge or fill material or clearing in waters of the United States, including wetlands, in accordance with 33 USC Section 1344. Section 404 permits may also be for endangered species consultation. They require a consultation under Section 7 of the Federal Endangered Species Act. "Seeps" means a spot where water oozes from the earth, often forming the source of a small stream. "Seismic hazard areas" means areas that are subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, or soil liquefaction, debris flows, lahars, or tsunamis. In addition, seismic hazard areas also include areas subject to severe risk of damage because of subsidence and surface faulting (WAC 365-190-120). "Shorelands or shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW. "Shorelines" means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except: A. Shorelines of statewide significance; B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second (20 cfps) or less and the wetlands associated with such upstream segments; and C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. "Shorelines of statewide significance" means those areas defined in RCW 90.58.030(2)(e). "Shorelines of the state" means the total of all "shorelines," as defined in RCW 90.58.030(2)(d), and "shorelines of statewide significance" within the state, as defined in RCW 90.58.030(2)(c). “Site Potential Tree Height (SPTH)” means the average maximum height of the tallest dominant trees for a given age and site class. SPTH200 represents Site Potential Tree Height after a growth period of 200 Years. "Soil survey" means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. "Special flood hazard areas" means the land in the floodplain within an area subject to a one (1) percent or greater chance of flooding in any given year. Designations of special flood hazard areas on flood insurance map(s) always include the letters A or V. "Special protection areas" means aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to: A. Groundwaters that support an ecological system requiring more stringent criteria than drinking water standards; B. Groundwater recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and C. Sole source aquifer status. "Species" means any group of animals classified as a species or subspecies as commonly accepted by the scientific community. "Species, endangered" means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species. "Species of local importance" means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species. "Species, priority" means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Washington Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance. "Species, threatened" means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species. “Streams” mean those areas in the City of Bremerton where the surface water flows are sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bed rock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial watercourses unless they are used by fish or used to convey streams naturally occurring prior to construction. "Stream order" means the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two (2) first order streams meet, they form a second order stream, and when two (2) second order streams meet they become a third order stream, and so on. "Subdrainage basin" or "subbasin" means the drainage area of the highest order stream containing the subject property impact area. "Stream order" is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two (2) first order streams meet, they form a second order stream, and when two (2) second order streams meet they become a third order stream, and so on. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. "Vulnerability" means the combined effect of susceptibility to contamination and the presence of potential contaminants. "Water-dependent" means a use or portion of a use that cannot exist in a location that is not adjacent to the water, but is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in, or adjacent to water. Examples of water-dependent uses include: ship cargo terminal loading areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities; marinas, moorage, and boat launching facilities; aquaculture; float plane operations; surf ace water intake; and sanitary sewer and storm drain outfalls. "Water resource inventory area (WRIA)" means one (1) of sixty-two (62) watersheds in the State of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997. “Watershed” means a water resource inventory area, salmon recovery planning area, or a subbasin as determined by the City. "Water table" means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water. "Water typing system" means waters are classified according to WAC 222-16-031. Waters are classified into four (4) types, S, F, Np, and Ns, based on whether the waters are shorelines of the state, their level of human and wildlife use, whether they are perennial streams, and other characteristics. Complete criteria for the water typing system are found in BMC § 20.14.720. "Watercourse" means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined beds or banks, which influence the quality of fish habitat downstream. This definition includes watercourses that flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans. "Well" means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids. "Wellhead protection area (WHPA)" means the portion of a zone of contribution for a well, wellfield, or spring, as defined using criteria established by the Washington State Department of Ecology. "Wetland classes," "classes of wetlands," or "wetland types" means the descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this title. "Wetlands" means areas that are inundated or saturated by surface water or groundwater 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. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manua l and applicable regional supplements. All areas within the City meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this chapter program. "Wetlands mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Zone of contribution" means the area surrounding a well or spring that encompasses all areas or features that supply groundwater recharge to the well or spring. 20.14.300 WETLANDS. BMC § 20.14.310 through § 20.14.360 pertain to wetlands. (Ord. 4965 § 7 (part), 2006; Ord. 5301 § 3 (Exh. B) (part), 2016) 20.14.310 DESCRIPTION AND PURPOSE. (a) As identified currently in WAC 173-22-035 and as subsequently amended, identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the City meeting the wetland designation criteria in the identification and delineation manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. (b) Wetlands help to maintain water quality; store and convey stormwater and floodwater; recharge groundwater; provide important fish and wildlife habitat; and serve as areas for recreation, education, scientific study and aesthetic appreciation. (c) The City's overall goal shall be to achieve no net loss of wetlands. This goal shall be implemented through retention of the function and value of wetlands within the City. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area. (d) The primary purpose of the wetland regulations is to avoid detrimental wetland impacts and achieve a goal of no net loss of wetland function and values, and where possible enhance and restore wetlands. (Ord. 4965 § 7 (part), 2006; Ord. 5301 § 3 (Exh. B) (part), 2016) 20.14.320 CLASSIFICATION AND DESIGNATION. (a) Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the "Washington State Wetland Rating System for Western Washington" (Department of Ecology Publication No. 14-06-029 23-06-009) or as amended and approved by Ecology. Wetland delineations are valid for five (5) years; after such date the City shall determine whether a revision or additional assessment is necessary. These documents contain the definitions and methods for determining if the criteria below are met. (1) Wetland Rating Categories. (i) Category I. Category I wetlands are those that meet any of the following criteria: a. Represent a unique or rare wetland type; or b. Are more sensitive to disturbance than most wetlands; or c. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or d. Are providing a high level of functions, scoring twenty-three (23) points or more, out of twenty-seven (27) (DOE Wetlands Rating System, 2014); or e. Are characterized as wetlands of high conservation value per the Washington Natural Heritage Program (WNHP); or f. Are characterized as a bog; or g. Are over one (1) acre and characterized as a mature and old-growth forested wetland or are an estuarine wetland. (ii) Category II. Category II wetlands are those wetlands that are not Category I wetlands and that meet any of the following criteria: a. Provide high levels of some functions, being difficult, though not impossible to replace; or b. Perform most functions relatively well, scoring twenty (20) to twenty -two (22) points out of twenty-seven (27) (DOE Wetlands Rating System, 2014); or c. Estuarine wetlands smaller than one (1) acre or those that are distributed and larger than one (1) acre. (iii) Category III. Category III wetlands are those wetlands that are not Category I or II wetlands, and that meet the following criterion: a. Provide moderate levels of functions, scoring between sixteen (16) and nineteen (19) points out of twenty-seven (27) (DOE Wetland Rating System, 2014). (iv) Category IV. Category IV wetlands are those that meet the following criterion: a. Provide low levels of functions, scoring less than sixteen (16) points out of twenty -seven (27) (DOE Wetlands Rating System, 2014). (2) Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government as the wetland naturally changes thereafter, or as the wetland changes in accordance with perm itted activities. Wetland rating categories shall not change due to illegal modifications. 20.14.330 DEVELOPMENT STANDARDS - WETLANDS. (a) Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. (b) Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. The following activities are regulated if they occur in a regulated wetland or its buffer: (1) The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind. (2) The dumping of, discharging of, or filling with any material. (3) The draining, flooding, or disturbing of the water level or water table. (4) Pile driving. (5) The placing of obstructions. (6) The construction, reconstruction, demolition, or expansion of any structure. (7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland. (8) Class IV general forest practices under the authority of the "1992 Washington State Forest Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter amended. (9) Activities that result in: (i) A significant change of water temperature. (ii) A significant change of physical or chemical characteristics of the sources of water to the wetland. (iii) A significant change in the quantity, timing, or duration of the water entering the wetland. (iv) The introduction of pollutants. (c) Activities Allowed in Wetlands. The activities listed below are allowed in wetlands. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer. Any ground disturbing activity or placement of fill within wetlands or in-water may also require state or federal approval and it is the applicant’s responsibility to ensure that they obtain necessary authorization before beginning work. These activities include: (1) Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland. (2) Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Activity does not include open-trenching. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be disturbed. (3) Enhancement of a wetland through the removal of nonnative invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. (4) Educational and scientific research activities. (d) Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except restoration, scientific or educational uses, and essential public facilities where no feasible alternative exists. (e) Category II and III Wetlands. With respect to activities proposed in Category II and III wetlands, the following standards shall apply: (1) Water-dependent activities may be allowed where there are no feasible alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. (2) Where nonwater-dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: (i) The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and (ii) All alternative designs of the project as proposed that would avoid or result in less of an adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration, or density of the project, are not feasible. (iii) Full compensation for the acreage and loss functions will be provided under the terms established under BMC 20.14.340(f) and (g). (f) Category III and IV Wetlands. Isolated Category III and IV wetlands less than one thousand (1,000) square feet that meet all of the following criteria shall be exempt from the buffer provisions in subsection (h) of this section and the normal mitigation sequencing process in BMC 20.14.340(a). Any direct impacts to these wetlands shall be fully mitigated. (1) Is not associated with riparian areas or buffers; (2) Is not part of a wetland mosaic; and (3) Does not contain habitat identified by Washington State Department of Fish and Wildlife as essential for local populations of priority species, as identified under BMC 20.14.720. (g) Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved wetland report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the acreage and loss functions will be provided under the terms established under BMC 20.14.340(f) and (g). (h) Wetland Buffers. (1) Standard Buffer Widths. Required standard wetland buffers, based on wetland category, are as outlined in the following table (Table 20.14.330(h)(1)). Table 20.14.330(h)(1) Wetland Buffer Table (Standard wetland buffer widths when minimization measures and wildlife corridors are not provided) Wetland Category and Type Buffer Width (in Feet) Based on Habitat Score 3-5 (Low) 6-7 (Medium) 8-9 (High) I: Estuarine and coastal wetlands 200 I: All others 100 150 300 II: Estuarine wetlands 150 II: All 100 150 300 III: All 80 150 300 IV: All 50 (2) Reduced Buffer Widths. The standard wetland buffers may be reduced by twenty-five (25) percent according to the values presented in Table 20.14.330(h)(2) when the impact minimization measures in Table 20.14.330(h)(3) are implemented. For wetlands that score six (6) or more points for habitat function, the following conditions must be maintained in order to use the reduced buffers, as follows: (i) If an existing, relatively undisturbed vegetated corridor at least one hundred (100) feet wide exists between the on-site wetland and other priority habitats, as defined by the Washington State Department of Fish and Wildlife, and the off-site portion of the corridor is already protected via an existing conservation easement, critical areas regulations, or other legal requirement, the portion of the corridor on site must also be protected by a similar legal protection. All other applicable criteria found in subsection (h)(4) of this section must also be met. The evaluation of presence or absence of the conditions described above must be completed as part of the critical areas report. (ii) If no such corridor is present to protect, the reduced buffers alone may be used with the other applicable criteria contained in subsection (h)(4) of this section. If an option for protection of a corridor, as defined under subsection (h)(2)(i) of this section, exists on the parcel, but is not provided, standard buffer widths contained in Table 20.14.330(h)(1) are required. (iii) The buffer widths in the table below (Table 20.14.330(h)(2)) assumes that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive sp ecies that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table 20.14.330(h)(2) Wetland Buffer Table (Reduced wetland buffer widths when minimization measures and corridor are provided) Wetland Category and Type Buffer Width (in feet) Based on Habitat Score 3-5 (Low) 6-7 (Medium) 8-9 (High) I: Estuarine and coastal wetlands 150 I: All others 75 110 225 II: Estuarine wetlands 110 II: All 75 110 225 III: All 60 110 225 IV: All 40 (3) Measurement of Wetland Buffers. All buffers shall be measured horizontally from a perpendicular line established at the wetland edge as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Only fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers. (4) Required Measures to Minimize Impacts to Wetlands. Measures are required to mitigate the impacts and disturbances associated with surrounding land use, where applicable to a specific proposal in order to implement Table 20.14.330(h)(2). If required measures outlined in Table 20.14.330(h)(3) are not implemented, the standard wetland buffers in Table 20.14.330(h)(1) shall be required. Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts Lights (1) Direct lights away from wetland as illustrated in a photometric plan. • Direct lights away from wetland as illustrated in a photometric plan • Only use lighting where necessary for public safety and keep lights off when not needed • Use motion-activated lights • Use full cut-off filters to cover light bulbs and direct light only where needed • Dim light to the lowest acceptable intensity • Limit use of blue-white colored lights in favor of red-amber hues • Use lower-intensity LED lighting Noise (2) Locate activity that generates noise away from wetland. In the following order or preference: • Locate activity that generates noise away from wetland • Plant a strip of dense shrub vegetation adjacent to wetland buffer • Construct a fence to reduce noise impacts on adjacent wetland and buffer; fencing shall conform with BMC 20.14.330(i)(3)(ii) (3) If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. (4) For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional ten (10) feet of heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic runoff (5) Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft. of wetland • Apply integrated pest management (These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site) (6) Establish covenants limiting use of pesticides within one hundred fifty (150) feet of wetland. (7) Apply integrated pest management. Stormwater runoff (8) Retrofit stormwater detention and treatment for roads and existing adjacent development. • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized or sheet flow from lawns that directly enters the buffer • Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns (9) Prevent channelized flow from lawns that directly enters the buffer. Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts (10) Use low intensity development (for more information refer to the drainage ordinance and manual) best management practices where appropriate. Change in water regime (11) Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance (12) Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion. • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion; fencing shall conform with BMC 20.14.330(i)(3)(ii) • Place wetland and its buffer in a separate tract or protect with a conservation easement (13) Place wetland and its buffer in a separate tract or protect with a conservation easement. Dust (14) Use best management practices to control dust. • Use best management practices to control dust Disruption of corridors or connections (15) Maintain connections to off-site areas that are undisturbed. • Maintain connections to off-site areas that are undisturbed • Restore on-site corridors or connections to off-site habitats by replanting (16) Restore on-site corridors or connections to off-site habitats by replanting. (5) Increased Wetland Buffer Widths. The Director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist, and the best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be based on one (1) or more of the following criteria: (i) A larger buffer is needed to protect other critical areas; (ii) The buffer or adjacent uplands has a slope greater than fifteen (15) percent or is susceptible to erosion and standard erosion-control measures will not prevent adverse impacts to the wetland; or (iii) The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, implementation of a buffer planting plan may substitute. Where a buffer planting plan is proposed, it shall include densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for trees and require monitoring and maintenance to ensure success. Existing buffer vegetation is considered "inadequate" and will need to be enhanced through additional native plantings and (if appropriate) removal of nonnative plants when: (1) nonnative or invasive plant species provide the dominant cover, (2) vegetation is lacking due to disturbance and wetland resources could be adversely affected, or (3) enhancement plantings in the buffer could significantly improve buffer functions. (6) Wetland Buffer Width Averaging. The Director may allow modification of the standard wetland buffer width in accordance with an approved wetland report and the best available science on a case-by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where the applicant and a qualified professional wetland scientist demonstrate that: (i) No feasible site design exists without buffer averaging; (ii) It will not reduce wetland functions or functional performance; (iii) The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; (iv) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and (v) The buffer width is not reduced to less than seventy -five (75) percent of the standard width or thirty-five (35) feet. (7) Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. (8) Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. (9) Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title, when providing a report consistent with BMC 20.14.360, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: (i) Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. (ii) Passive Recreation. Low-impact uses and activities which are consistent with the purpose and function of the wetland buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland. Uses may include: a. Walkways and trails; provided, that those pathways that are generally parallel to the perimeter of the wetland may be located in the outer twenty -five (25) percent of the buffer area and located to avoid removal of significant trees; provided, that: i. They are no wider than six (6) feet, and generally constructed with a surface that does not interfere with substrate permeability. Raised boardwalks utilizing nontreated pilings may be acceptable; and ii. They shall be limited to pedestrian use; and iii. They shall not be allowed to fully enclose a habitat area or buffer; and iv. They are subject to closure (at the Director’s discretion) during critical spawning, migration or breeding time periods of the species present; v. any associated stream crossing and viewing areas shall not be located within 50 feet of salmonid spawning or holding areas and shall be designed to minimize the potential for domestic pets to enter the stream channel. Where trails and related facilities are proposed within a buffer, mitigation sequencing and an alternatives analysis shall be documented in a habitat management plan and get concurrence from affected Tribes and WDFW/DOE. b. Wildlife viewing structures; and c. Fishing access areas down to the water’s edge that shall be no larger than six (6) feet and shall not be located within 50 feet of salmonid spawning or holding areas. (iii) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty -five (25) percent of the buffer of Category III or IV wetlands only; provided, that: a. No other location is feasible; and b. The location of such facilities will not degrade the functions or values of the wetland. (iv) Low-Impact Development (LID) Facilities. LID facilities may be allowed within the buffer of Category III or IV wetlands only; provided, that: a. No other location is feasible; and b. The location of such facilities will not degrade the functions or values of the wetland. (i) Signs and Fencing of Wetlands. (1) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. (2) Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the Director may require the applicant to install permanent signs along the boundary of a wetland or buffer. (i) Permanent signs shall be made of an enamel-coated metal face and attached to a metal post, or another nontreated material of equal durability. Signs must be posted at an interval of one (1) per lot or every fifty (50) feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the Director: Protected Wetland Area Do Not Disturb Contact City of Bremerton Department of Community Development Regarding Uses and Restriction (3) Fencing. (i) The Director shall seek consultation with affected agencies and tribes as necessary, in such cases, comments shall be received within 14 days of the request for comment , to determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, any permit or authorization issued pursuant to this chapter shall be conditioned to require the applicant to install a permanent fence at the edge of the wetland buffer when fencing will prevent future impacts to the wetland. (ii) Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. (Ord. 5418 §5, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.340 MITIGATION REQUIREMENTS - WETLANDS. Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Compensatory mitigation sites plans shall be fully vegetated with native species, maintained for a minimum of five (5) years, be protected in perpetuity through legal mechanisms such as conservation easements or critical area tracts, and be consistent with the State Department of Ecology publication "Guidance on Wetland Mitigation in Washington State," 2006 (Publication Nos. 06 -06-011a and 06-06- 011b) Wetland Mitigation in Washington State–Part 1: Policies and Guidance—Version 2, Ecology Publication #21-06-003, or as revised. (a) Mitigation shall be required in the following order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action. (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (4) Reducing or eliminating the impact over time by preservation and maintenance operations. (5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. (6) Monitoring the impact and taking appropriate corrective measures . (b) Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: (1) The lost wetland provides minimal functions as determined by a site-specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or (2) Out-of-kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types. (c) Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: (1) Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former or degraded wetland. Restoring wetlands on upland sites that were formerly wetlands. (2) Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland where a wetland did not previously exist at an upland site. Establishment results in a gain in wetland area and functions. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed. (3) Preservation (Protection/Maintenance): The removal of a threat to, or preventing the decline of, wetlands by an action in or near those wetlands. This term includes activities commonly associated with the protection and maintenance of wetlands through the implementation of appropriate legal and physical mechanisms such as recording conservation easements and providing structural protection like fences and signs. Preservation does not result in a gain of aquatic resource area or functions but may result in a gain in functions over the long term. Enhancing significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio requirements. (4) Enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland function(s). Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in the gain of selected wetland function(s) but may also lead to a decline in other wetland function(s). Enhancement does not result in a gain in wetland area. Enhancement activities could include planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods in existi ng wetlands. (d) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within the same stream reach, subbasin, or drift cell. Mitigation actions shall be conducted within the same subdrainage basin and on the site as the alteration except when all of the following apply: (1) There are no reasonable on-site or in-subdrainage basin opportunities or on-site and in- subdrainage basin opportunities do not have a high likelihood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); (2) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and (3) Off-site locations shall be in the same subdrainage basin unless: (i) Established watershed goals for water quality, flood or conveyance, habitat, or other wetland functions have been established and strongly justify location of mitigation at another site; or (ii) Credits from a state-certified wetland mitigation bank or state-approved in-lieu fee (ILF) site are used as mitigation and the use of credits is consistent with the terms of the bank’s certification or ILF approval. (e) Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. (1) The Director may authorize a one (1) time temporary delay, up to one hundred twenty (120) days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the City and include a financial guarantee. (f) Mitigation Ratios. (1) Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is in kind, is on site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. Creation of Category I wetlands, specifically bogs and heritage sites, is not possible, per Wetland Mitigation in Washington State–Part 1: Policies and Guidance—Version 2, Ecology Publication #21-06-003, or as revised “Wetland Mitigation in Washington State: Part 1 – Agency Policies and Guidance” (Version 1, Ecology Publication No. 06-06-011a, March 2006, or as amended). These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a state-certified wetland mitigation bank or approved ILF site. When credits from a certified bank or approved ILF site are used, replacement ratios should be consistent with the requirements of the bank’s certification or site’s approved instrument. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Wetland Category Wetland Mitigation Type and Replacement Ratio Creation Reestablishment Rehabilitation Enhancement Only Preservation Category I 6:1* 6:1 12:1 Not allowed 16:1 Category II 3:1 3:1 6:1 12:1 12:1 Category III 2:1 2:1 4:1 8:1 8:1 Category IV 1.5:1 1.5:1 3:1 6:1 6:1 *Wetland creation, reestablishment, rehabilitation, or enhancement is not allowed for Category I bogs and heritage sites; bogs require 24:1 Preservation ratio (2) Increased Replacement Ratio. The Director may increase the ratios under the following circumstances: (i) Uncertainty exists as to the probable success of the proposed restoration or creation; (ii) A significant period of time will elapse between impact and replication of wetland functions; (iii) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or (iv) The impact was an unauthorized impact. (g) Wetlands Enhancement as Mitigation. (1) Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but where feasible should be used in conjunction with restoration and/or creation. Applicants proposing to enhance wetlands must produce a wetl and report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. (2) Ratios for rehabilitation and enhancement may be reduced when combined with one to one (1:1) replacement through creation or reestablishment. See Table 1a, Wetland Mitigation in Washington State–Part 1: Policies and Guidance—Version 2, Ecology Publication #21-06-003, or as revised Wetland Mitigation in Washington State - Part 1: Agency Policies and Guidance - Version 1 (Ecology Publication No. 06-06-011a, Olympia, WA, March 2006 or as revised). (h) Mitigation of Wetland Buffer Impacts. Compensation for wetland buffer impacts shall occur at a minimum one to one (1:1) ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species and removing structures and impervious surfaces within buffers. (i) Wetland Mitigation Banks. (1) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: (i) The bank is certified under Chapter 173-700 WAC; and (ii) The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and (iii) The proposed use of credits is consistent with the terms and conditions of the bank’s certification. (2) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification. (3) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, bank service areas may include portions of more than one (1) adjacent drainage basin for specific wetland functions. (j) Wetland Mitigation Monitoring. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring, and how the monitoring data will be evaluated. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. The Director shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten (10) years when any of the following conditions apply: (1) The project does not meet the performance standards identified in the mitigation plan; (2) The project does not provide adequate replacement for the functions and values of the impacted critical area; (3) The project involves establishment of forested plant communities, which require longer time for establishment. (Ord 5418 §6, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS. The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following: (a) Land that is located wholly within a wetland or its buffer may not be subdivided. (b) Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is located outside of the wetland and its buffer. (c) Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the City determines that no other feasible alternative exists and when consistent with this title and all other required state and federal approvals. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.360 WETLAND REPORT. Critical area reports for wetlands must meet the requirements of this section. (a) Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five (5) years experience in the field of wetland science and with experience preparing wetland reports. (b) Area Addressed in Wetland Report. The following areas shall be addressed in a critical area report for wetlands: (1) The project area of the proposed activity; (2) All wetlands and recommended buffers within three hundred (300) feet of the project area; and (3) All shoreline areas, water features, floodplains, and other critical areas, and related buffers within three hundred (300) feet of the project area. (c) Wetland Analysis. A critical area report for wetlands shall contain an analysis of the wetlands including the following site- and proposal-related information at a minimum: (1) A written assessment and accompanying maps of the wetlands and buffers within three hundred (300) feet of the project area, including the following information at a minimum: (i) Wetland delineation and required buffers; (ii) Existing wetland acreage; (iii) Wetland category; (iv) Vegetative, faunal, and hydrologic characteristics; (v) Soil and substrate conditions; (vi) Topographic elevations, at two (2) foot contours; and (vii) A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits). (2) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. (3) A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions. (4) Functional evaluation for the wetland and adjacent buffer using a local or state agency staff- recognized method and including the reference of the method and all data sheets. (5) Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: (i) Existing and proposed wetland acreage; (ii) Vegetative and faunal conditions; (iii) Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; (iv) Relationship within watershed and to existing waterbodies; (v) Soil and substrate conditions, and topographic elevations; (vi) Existing and proposed adjacent site conditions; (vii) Required wetland buffers (including any buffer reduction and mitigation proposed to increase the plant densities, remove weedy vegetation, and replant the buffers); (viii) Property ownership; and (ix) Associated wetlands and related wetlands that may be greater than three hundred (300) feet from the subject project. (6) A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs. (7) A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, stakes) and the proposed monitoring and maintenance work for the required number of years. (8) Title Notification. All activity in critical area protection areas shall be accompanied by a title. (d) Additional Information. When appropriate, the Director may shall also require the wetland report to include an evaluation by the State Department of Ecology , affected tribes, or an independent qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, and to include any recommendations as appropriate. (1) If the development proposal site contains or is within a wetland area, the applicant shall submit an affidavit which declares whether the applicant has knowledge of any illegal alteration to any or all wetlands on the proposed site and whether the applicant previously has been found in violation of this chapter. If the applicant has been found previously in violation, the applicant shall declare whether such violation has been corrected to the satisfaction of the jurisdiction. (2) The Director shall determine if the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety, and welfare, consistent with the goals, purposes, objectives and requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.400 CRITICAL AQUIFER RECHARGE AREAS. BMC 20.14.410 through 20.14.450 pertain to critical aquifer recharge areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.410 DESCRIPTION AND PURPOSE. Groundwater from aquifers provides a source of potable water and contributes to stream discharge/flow. Critical aquifer recharge areas contribute to the recharge of aquifers, springs and/or wells and are susceptible to contamination of water supplies through infiltration of pollutants through the soil. City residents rely on an essential life-sustaining safe drinking water supply. A significant portion of the City’s drinking water comes from groundwater supplies in aquifers. The primary goals of groundwater protection regulations are to protect groundwater quality by maintaining the quantity of recharge; avoiding or limiting land use activities that pose potential risk of aquifer contamination; and to minimize or avoid adverse impacts to groundwater protection areas through the application of performance standards, and to comply with the requirements of the Federal Safe Drinking Water Act, Washington Administrative Code, and the requirements of the Wellhead Protection Program. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.420 CLASSIFICATION AND DESIGNATION. Critical aquifer recharge areas are those land areas that contain hydrogeologic conditions that facilitate aquifer recharge and/or transmission of contaminants to an underlying aquifer. Critical aquifer recharge areas under this section may be established based on general criteria, specifically designated due to special circumstances, or based on scientific studies and mapping efforts. Factors considered in the identification of critical aquifer recharge areas include depth to water table, presence of highl y permeable soils (specifically Group A hydrologic soils), presence of flat terrain, and the presence of more permeable surficial geology. Critical aquifer recharge areas may be placed in one (1) of the following categories: (a) Category I Critical Aquifer Recharge Areas. Category I critical aquifer recharge areas are those areas where potential for certain land use activities to adversely affect groundwater is high. Category I critical aquifer recharge areas include: (1) Areas inside the five (5) year time-of-travel zone for Group A water system wells, calculated in accordance with the Washington State Source Water Assessment Program. (2) Ten (10) year time-of-travel zones in wellhead protection areas are included as critical aquifer recharge when a well draws its water from an aquifer that is at or above sea level and is without an overlying protective impermeable layer. (3) Areas identified as regionally significant aquifer recharge areas and identified as such by the City are: (i) Gorst Basin Aquifer recharge area, and (ii) Other areas that may be identified in the future. (b) Category II Critical Aquifer Recharge Areas. Category II critical aquifer recharge areas are areas that provide recharge to aquifers that are current or potentially will become potable water supplies and are vulnerable to contamination based on the type of land use activity. These include the following: (1) Highly Permeable Soils (Group A Hydrologic Soils). The general location and characteristics of Group A hydrologic soils in the City is given in the Soils Survey of Kitsap County by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS). The soil survey information is available at the Department of Community Development. (2) Areas Above Shallow/Vashon Principal Aquifers. Surface areas above shallow, principal aquifer(s) which are not separated from the underlying aquifers by an impermeable layer that provides adequate protections to preclude the proposed land use from c ontaminating the shallow aquifer(s) below, are considered aquifer recharge areas of concern. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.430 DEVELOPMENT STANDARDS. (a) Allowed Activities. The following activities are allowed in critical aquifer recharge areas and do not require submission of a hydrogeological assessment: (1) Construction of structures and improvements, including additions, resulting in less than five (5) percent or two thousand five hundred (2,500) square feet (whichever is greater) total site impervious surface area that does not result in a change of use or increase the use of a hazardous substance. (2) Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five (5) percent total site impervious surface area that do not increase the use of a hazardous substance. Standards for development shall be in accordance with the provisions below and the requirements of other underlying City regulations. (3) On-site domestic septic systems releasing less than fourteen thousand five hundred (14,500) gallons of effluent per day and that are limited to a maximum density of one (1) system per one (1) acre. (4) Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers that do not exceed times and rates specified on the packaging. (5) Residential storage or use of petroleum and petroleum products. (6) Activities which have a potential contamination source below threshold amounts as set forth in applicable statutes of the Revised Code of Washington or local regulations. The purpose of this clause is to allow for small-scale and residential activities thought to have no significant impacts to critical aquifer recharge areas. (7) Single-family residential construction, unless otherwise required by the Kitsap County Public Health District. (b) Prohibited Activities. The following activities and uses are prohibited in Category I critical aquifer recharge areas: (1) Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and wood waste; (2) Underground Injection Wells. Wells which meet the requirements of Chapters 173- 218 and 173-200 WAC with the exception of 5B22, 5D2, 5G30, 5W12, 5W32, 5R21, and 5S23; (3) Commercial mining and washing of metals, hard rock, sand and gravel; (4) Chemical wood preservation and/or treatment facilities; (5) Storage, processing, or disposal of radioactive substances; (6) Commercial activities that are not connected to an available sanitary sewer system; (7) Use or storage of pesticides listed as "State restricted use pesticides" by Chapter 16- 228 WAC; (8) Within one thousand six hundred (1,600) feet of Twin Lakes, any use of pesticides, and use of fertilizers above agronomic rates; (9) Oil and gas drilling as defined in WAC 332-12-450 and Chapter 173-218 WAC; (10) Underground storage of hazardous substances as regulated by Chapter 173-360 WAC; (11) Use, storage, treatment, or production of perchlorethylene (PCE), other than in closed -loop systems that do not involve any discharge of PCE; (12) Petroleum refining, reprocessing, storage and petroleum-product pipelines; (13) Electroplating/metal finishing; (14) Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source; and (15) Activities that would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS. (a) General Requirements. Any activity not specifically exempted through BMC 20.14.430 as allowed or prohibited may be permitted in a critical aquifer recharge area if all of the following criteria are met (a list of specific uses with a potential threat to groundwater can be found in subsection (b) of this section): (1) Hydrogeological Assessment. (i) For Category I aquifer recharge areas the applicant must show through a hydrogeological assessment that the proposed activity will not cause significant impact to aquifer quality or recharge. The hydrogeological assessment will be evaluated and treated as a special use review and be reviewed by the Department, the health district, affected tribes, and affected water purveyors. An incompatible activity can be denied by the Director; (ii) For Category II aquifer recharge areas a hydrogeological assessment may be required. The scope of the report shall be based on site-specific conditions. The hydrogeological assessment will be evaluated and treated as a special use review and be rev iewed by the Department, the health district, affected tribes, and affected water purveyors. An incompatible activity can be denied by the Director. The need for additional information will be determined by the Department, the health district, and the affected water purveyor. Based on the report, controls, mitigation, and/or other requirements will be established as a prerequisite for the development proposal being approved. (2) The proposed activity must comply with the source water protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington Department of Ecology, and the Kitsap County Health District. (3) The proposed activity shall be designed and constructed in accordance with BMC Title 15, Municipal Utilities. (4) The applicant must explore low-impact development site design alternatives and implement them. Low-impact development techniques can include, but are not limited to: (i) Rainwater harvesting; (ii) Reverse slope sidewalks; (iii) Vegetated roofs; (iv) Bioretention areas (rain gardens); and (v) Pervious pavement. (b) Potential Threats to Groundwater. Specific uses with potential threats to groundwater can include, but are not limited to the following. Uses meeting the listed performance standards may be allowed if the criteria of this section are met. (1) Anything that is not exempt per BMC 20.14.430. (2) All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements: (i) All new above-ground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: a. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; b. Have a primary containment area enclosing or underlying the tank or part thereof; and c. A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks. (3) Vehicle Repair and Servicing. (i) Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. (ii) No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity. (4) Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the State Departments of Ecology and Health. (i) Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2). (ii) Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042. (5) Automobile washers as defined in Chapter 173-216 WAC. (6) Chemical treatment storage and disposal facilities as defined in WAC 173-303-182. (7) Hazardous waste generators, including, but not limited to: boat repair shops, biological research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, medical and denta l facilities, etc., as defined in Chapter 173-303 WAC. (8) Junk yards and salvage yards as defined in Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicle Recycler Facilities (WDOE publication number 94-146). (9) On-site sewage systems (large scale) as defined in Chapter 173-240 WAC. (10) On-site sewage systems (less than fourteen thousand five hundred (14,500) gal./day) as defined in Chapter 246-272 WAC. (11) Pesticide storage and use as defined in Chapters 15.54 and 17.21 RCW. (12) Sawmills as defined in Chapters 173-303 and 173-304 WAC, WDOE publication number 95- 53, Best Management Practices to Prevent Stormwater Pollution at Log Yards. (13) Solid waste handling and recycling facilities as defined in Chapter 173-304 WAC. (14) Wastewater application to land surface as defined in Chapters 173-216 and 173-200 WAC, and WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture. (15) New impervious surface area exceeding twenty thousand (20,000) square feet. (16) Beneficial use of biosolids as defined in Chapter 173-308 WAC. (17) Golf courses, provided: (i) Fertilizer use is not above agronomic rates; (ii) Pesticides are managed and applied by properly licensed personnel, and use of all pesticides is approved by the affected water utility; (iii) The golf course allows for periodic monitoring by the Department or an affected water utility. (18) Noncommercial gravel and sand mining, provided the extraction of materials remains no less than ten (10) feet above the level of the aquifer. (c) Affected Agency Review. The City will notify Kitsap County Health District and affected water utilities and will request them to comment during the preliminary phases of the City’s review process on all proposed projects defined in subsection (b) of this section or other uses not explicitly allowed or prohibited in BMC 20.14.430. The City in conjunction with these agencies may approve, deny, or condition proposals. (d) Inspection. City personnel may inspect at reasonable times, upon presentation of credentials, as part of its wellhead protection program any activity that is known to manage or potentially manage hazardous materials. (Ord. 5301 §3 (Exh. B) (part), 2 016: Ord. 4965 §7 (part), 2006) 20.14.450 HYDROGEOLOGIC ASSESSMENT. The assessment shall address the impact the proposed land use will have on both the quality and quantity of the water transmitted to the aquifer. (a) The assessment shall be submitted to the Department and shall address, at a minimum, the following criteria: (1) Surficial soil type and geologic setting; (2) Location and identification of wells within one thousand (1,000) feet of the site; (3) Location and identification of surface water bodies and springs within one thousand (1,000) feet of the site with recharge potential; (4) Description of underlying aquifers and aquitards, including water level, gradients and flow direction; (5) Available surface water and groundwater quality data; (6) Effects of the proposed development on water quality; (7) Sampling schedules required to assure water quality; (8) Discussion of the effects of the proposed development on the groundwater resource; (9) Recommendations on appropriate BMPs (best management practices) or mitigation to assure no significant degradation of groundwater quality; and (10) Other information as required by the Kitsap County Health District. (11) The assessment shall also address the types of pesticides, herbicides and fertilizers that can safely be used for the care of landscaping proposed by the applicant. (b) The hydrogeologic assessment shall be prepared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology (see definition of "Qualified professional", as defined in BMC 20.14.200). (c) Applications for development or operations with underground storage of petroleum products will be processed using the appropriate procedure as specified in existing Kitsap County ordinances. (d) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to confirm if the soils present require a recharge area designation. Data collection will include, at a minimum, six (6) soil logs to a depth of ten (10) feet (or to a depth four (4) feet below the lowest proposed excavation point whichever is greater) for each acre in the parcel(s) being evaluated. At least one (1) well, two hundred (200) feet or greater in depth with an adequate drilling report, must be available within one (1) mile. The associated data shall be analyzed and included in the hydrogeologic assessment to determine the presence of highly permeable soils with the recharge area designation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.500 FREQUENTLY FLOODED AREAS. BMC 20.14.500 through 20.14.530 pertain to frequently flooded areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.510 DESCRIPTION AND PURPOSE. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas caused by flooding, while protecting the functions and values of the floodplains. In addition, this section will give special consideration to anadromous fish habitat in combination with BMC 20.14.700, Fish and Wildlife Habitat Conservation Areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.520 CLASSIFICATION AND DESIGNATION. Frequently flooded areas are those areas established as areas of special flood hazard under Chapter 17.60 BMC, Floodplain Management. Under Chapter 17.60 BMC, this includes those areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying flood insurance rate maps (FIRM), and any revisions thereto. The best available information for flood hazard area identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.530 DEVELOPMENT STANDARDS. (a) All development proposals shall comply with Chapter 17.60 BMC for general and specific flood hazard protection. Development shall not reduce the base flood water storage ability. Construction, grading or other regulated activities that would reduce the flood water storage ability must be mitigated by creating compensatory storage on or off site. (b) Base flood data and flood hazard notes shall be shown on the face of any recorded plat or site plan including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. (c) Unless exempted in subsection (d) of this section, when development occurs within the floodplain, a habitat assessment is required, that is prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation (FEMA Region X, 2010), or as hereafter amended. When appropriate, the Director will also require the habitat assessment to include an evaluation by affected tribes, or an independent qualified expert, regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, and to include any recommendations as appropriate. The assessment shall determine if the project would adversely affect: (1) The primary constituent elements identified when a species is listed as threatened or endangered; (2) Essential fish habitat designated by the National Marine Fisheries Service; (3) Fish and wildlife habitat conservation areas; (4) Vegetation communities and habitat structures; (5) Water quality; (6) Water quantity, including flood and low flow depths, volumes and velocities; (7) The channel’s natural planform pattern and migration processes; (8) Spawning substrate, if applicable; and/or (9) Floodplain refugia, if applicable. (d) The following activities do not require completion of a floodplain habitat assessment: (1) Repair of existing building in its existing footprint, including damages by fire or other casualties; (2) Removal of noxious weeds; (3) Replacement of nonnative vegetation with native vegetation; (4) Ongoing activities such as lawn and garden maintenance; (5) Removal of danger trees; (6) Normal maintenance of public utilities and facilities; (7) Restoration or enhancement of floodplains, riparian areas and streams that meets federal and state standards. (Ord. 5418 §7, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. BMC 20.14.600 through 20.14.660 pertain to geologically hazardous areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.610 PURPOSE. The purpose of BMC 20.14.600 through 20.14.660 is to protect human life and property from potential risks related to development on or near geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, geologic events, landslides, and moderate and steep slop e areas. BMC 20.14.600 through 20.14.660 classify geologically hazardous areas and set development standards for development and clearing in or near geologically hazardous areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.620 CLASSIFICATION. The following categories shall be used in classifying geologically hazardous areas: (a) Areas of high geologic hazard are areas meeting either of the following two (2) criteria: (1) Areas with slopes greater than forty (40) percent with vertical relief of ten (10) or more feet; or (2) Areas with slopes greater than thirty (30) percent with vertical relief of ten (10) or more feet, and any of the following characteristics: (i) Unstable soil or shoreline classified as "unstable" (U), "unstable old slides" (UOS), "unstable recent slides" (URS), or "intermediate" (I) by the U.S. Department of Agriculture Soil Conservation Service, U.S. Geologic Survey, the Washington Department of Ecology Coastal Zone Atlas, or qualified geologist or geotechnical engineer; (ii) Groundwater seepage or springs present on the slope, areas underlain by impermeable silts or clays, or mappable emergent water; (iii) Erosion hazard as indicated by potential for stream or wave incision or as classified as "highly erodible" or "potentially erodible" by the Natural Resources Conservation Service; (iv) Seismic areas subject to liquefaction from earthquakes such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. (3) Landslide hazard areas. (b) Areas of moderate geologic hazard are any areas with slopes of thirty (30) percent or greater and vertical relief of ten (10) or more feet, and any areas with slopes of fifteen (15) percent to thirty (30) percent with vertical relief of ten (10) or more feet and any of the characteristics per subsections (a)(2)(i) through (iii) of this section. Seismic hazard areas subject to liquefaction from earthquakes, areas with hydric soils, and areas of loose fill shall be classified as moderate geologic hazard areas regardless of percent slope. (c) Site-Specific Determination. Site-specific geological reports may be used to determine the classification of a potentially geologically hazardous area in either of the following cases: (1) When an applicant questions the information the Department must rely on to determine whether a location is classified as a geologically hazardous area, the applicant may submit an appropriate site-specific geological report. If supportable by the geological report, the Department may make a nongeologically hazardous determination. (2) The Department is authorized but not mandated to require submittal of a geological report for any proposal on a site with slopes of fifteen (15) percent or greater and vertical relief of ten (10) or more feet, erosion hazard areas not described per BMC 20.14.620(a)(2)(iii), or potential seismic hazard areas. Requests by the Department for submittal of a geological report may be made when slope percentages are poorly documented, or when it is deemed through site visit, close proximity to mapped areas of unstable soils, previously prepared geological reports in the vicinity, or other pertinent information that a probable likelihood of soil instability per subsection (a)(2)(i) through (iv) of this section exists on the site. The Department shall not make requests for geological r eports in cases where slope percentages are well documented and there is a probable likelihood of stable soil characteristics on the site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geologically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards. The Department will also consider any proposed mitigation measures or buffer reductions included in a geotechnical report per subsection (c) of this section. (a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (b) Areas of moderate geologic hazard as classified per BMC 20.14.620(b) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that mo dified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotechnical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department determine based on a geological or geotechnical report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent properties, greater buffers may be required. The Department may require an applicant to submit a geotechnical report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety. (e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department. The following are allowable methods and techniques for vegetation thinning, except that mature or old-growth trees shall only be treated per method in subsection (f)(5) of this section: (1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no more than twenty-five (25) percent of a tree’s leaf-bearing crown is removed. An even distribution of interior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning. (2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for passage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of the total tree height; provided, that removal of branches from the lower portion shall not exceed twenty-five (25) percent of the tree’s leaf-bearing crown. (3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral branches at unions, whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more than twenty-five (25) percent of a tree’s crown mass shall be removed, unless it can be demonstrated that further reduction is necessary for functions such as utility clearance. (4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not feasible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular species of tree than other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty-five (25) percent of a tree’s crown mass. Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals. When tree topping is used in a geologically hazardous area, the root system shall remain in place. (5) Pruning Mature Trees. Mature and old-growth trees are more susceptible to permanent damage or death from pruning. Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches. (6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, passage and other necessary functions. (g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions. The Department may require vegetation enhancement with appropriate species, and may call for an analysis of the relationship between vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington State Department of Ecology documents "Vegetation Management: A Guide For Puget Sound Bluff Property Owners" and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes. (h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. All land modification proposals shall be consistent with the guidelines set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and Construction Standards General. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (i) Stormwater Runoff. At no time shall concentrated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a subject site or on neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Department may approve reductions to required parking standards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all standards set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and Construction Standards General. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to public health, safety and welfare, the Department shall deny or require revision of the site development proposal. (k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk: (1) Public or private trails approved by the Department per the provisions of this chapter; (2) Public or private utilities; (3) Public roads and related infrastructure. (l) On-Site Sewage Disposal. On-site sewage disposal should be avoided in areas of high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All construction must meet the requirements of the City Building Code as set forth in Chapter 17.04 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5209 §4, 2013: Ord. 4965 §7 (part), 2006) 20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS. (a) The following project design and location techniques are preferred in areas of moderate or high geologic hazard and their buffers. The Department may condition or modify development proposals to require incorporation of such design techniques in cas es where their application would increase public safety and welfare without substantially altering the allowable scope and scale of the proposal: (1) Minimize soil disturbance and vegetation removal; (2) Cluster structures to maintain natural topography; (3) Minimize building footprints and impervious surface areas; (4) Construct roads, walkways and parking areas to parallel natural contours; (5) Provide access in areas of the site with less sensitivity; (6) Avoid toe armoring at the base of banks, bluffs and near shorelines. Toe armoring is only an acceptable engineering solution when it meets the provisions of BMC 20.14.660(b), and all requirements of the Bremerton Shoreline Master Program and other sections of this chapter; (7) The following performance and mitigation standards shall apply to seismically hazardous areas; (i) Avoid construction of structures using unreinforced masonry materials in areas of hydric soils, fill, or other soils prone to liquefaction from earthquakes; (ii) When redevelopment is proposed on a site containing hydric soils, fill, or other soils prone to liquefaction from earthquakes encourage replacement or removal of existing unreinforced masonry structures; (iii) Use appropriate building footing techniques such as pilings on sites containing hydric soils, fill, or other soils prone to liquefaction from earthquakes; (iv) Avoid construction of essential public facilities, other potential emergency response facilities, and large-scale public gathering places on sites underlain by known surface fault lines. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 200 6) 20.14.660 SPECIAL REPORTS. Whenever development is proposed in a geologically hazardous area as defined in BMC 20.14.620, or when the Department determines that additional soils and slope analysis is appropriate on a particular site per BMC 20.14.620(c), the applicant is required to submit a geotechnical or geological report that evaluates the surface and subsurface soil conditions on the site. (a) Qualifications. Geotechnical reports shall be prepared by a qualified professional (defined in BMC 20.14.200 under "qualified professional"). (b) General Provisions. Report recommendations for earthwork, clearing or siting structures in geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet been successfully approved or constructed (e.g., slope recontouring, retaining walls, bulkheads, etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that: (1) An existing structure or existing public facility such as roads cannot be safely maintained without such measures; (2) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and (3) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure and appurtenances. (c) Minor Repairs. Minor repair activities on existing permitted structures (i.e., those that do not involve design modifications, changes in structure location, and/or demolition or abandonment of failed structure and replacement with new structures) are not subject to the following project submittal requirements. (d) Geological Reports. A geological report is required for site development proposals that involve development activities within a geological hazardous area or its buffer per BMC 20.14.630(c), but do not require an engineered solution. The following minimum information is required: (1) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the location of structures and the identification of the slope and/or coastal processes occurring at the site and factors that contribute to them; (2) Review of available information, literature, and mapping; (3) Detailed description of slope and other topographic features; (4) A site plan depicting top or toe of slope and any required buffers and/or setbacks; and (5) Conceptual siting of structure and general recommendation which include methods and practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control. (e) Geotechnical Reports. A geotechnical report is required when the Department or geological report determines that a site development proposal requires additional site information such as engineering design recommendation, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the report will either be a more limited geotechnical slope evaluation report, or a full geotechnical design investigation report as described below: (1) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope stability analyses are confined to existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required: (i) All information under subsection (d) of this section; (ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineers; (iii) Estimated (or surveyed) contour map and site plan, and the Department may require ground surface profiles and typical cross-sections; (iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections which include mean higher high water (MHHW) for the site location, where applicable; (v) Soil strength parameters; (vi) Stability analysis of existing site; (vii) Analysis of the relationship of vegetation and slope stability; and (viii) Conceptual site development plans and cross-sections. (2) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long as each item is addressed and the report details why a particular item does not apply. The following information is required: (i) All the information required under subsection (e)(1) of this section; (ii) Geotechnical requirements and measures to reduce risks; (iii) Geotechnical criteria used for any designs including all critical dimension, lateral earth pressures, soil-bearing pressures, location and limits of structure on or near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction requirements, and structure heights; (iv) Temporary construction slope stability recommendation and analyses of proposed final site stability measures; (v) Required construction specification and construction monitoring procedures; (vi) Revegetation and surface and groundwater management requirements; (vii) Evaluation of erosion potential and recommendations for erosion avoidance and any proposed mitigation measures; and (viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction, and when required for clarification, detailed examples of tests conducted for the project. (f) Revisions to Geotechnical Reports. Further recommendations shall be provided by the geotechnical engineer should there be additions or exceptions to the original recommendation based on the plans, site condition, or other supporting data. If the geotechnical engineer who revises the plans and specification is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the Department, express his or her their agreement or disagreement with the recommendations in the geotechnical report and state whether the plans and specification conform to his or her their recommendations. (g) Plan and Specification Review. When the engineered solutions are proposed, the geotechnical engineer shall submit a statement that in his or her their judgment, the plans and specifications (if prepared by others) conform to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropriate measures or specification that permit construction to occur while addressing slope stability so that the work does not create additional risk. The statement shall also indicate whether or not a relative gain in slope stability will be achieved after construction is complete. (h) Monitoring and Third-Party Review. (1) To protect public health, safety and welfare, the Department may call for a third -party review of any geotechnical report in cases where it determines there may be substantial damage to life, property or the environment should a proposed engineered solution fail. When a third-party review is required, costs incurred for a qualified third-party geotechnical engineer to perform the review shall be borne by the applicant. (2) Where revegetation or plantings are proposed as a method to ensure slope stability, a monitoring program shall be included as a part of the approved geotechnical report. To ensure that the performance standards of the approved geotechnical report are met, the vegetation shall be monitored for a minimum of five (5) years. A longer monitoring period may be required by the City based on either the initial report, or a review of subsequent monitoring reports. The monitoring reports shall be submitted on August 1st of each year during the monitoring period. (i) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer stating that construction has or has not implemented the design recommendations of the geotechnical report, and evaluation of any deviation from the design recommendations. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS. BMC 20.14.700 through 20.14.760 pertain to fish and wildlife habitat conservation areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.710 DESCRIPTION AND PURPOSE. The intent of these regulations is to avoid impacts to streams, riparian habitat, anadromous fish, and wildlife conservation areas where such avoidance is feasible and reasonable. This section of the City Code contains standards, guidelines, criteria and requirements intended to identify, evaluate and mitigate potential impacts to habitat conservation areas derived from new development and climate change within the City, and to enhance degraded habitat and streams in appropriate cases. In appropriate circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with this chapter. The regulations are to manage land so as to maintain fish and wildlife species in suitable habitats within their natural geographic distribution , consider connections between habitat blocks and open spaces, so that isolated subpopulations are not created and achieve no net loss in fish or wildlife habitat conservation area functions and values or stream functions. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND WILDLIFE HABITAT CONSERVATION AREAS. Classification and designation of fish and wildlife habitat conservation areas is an ongoing process; while not all of the following critical habitat conservation areas are known to exist in the City, their designation here allows for future categorization for protection. The following categories shall be used for relevant development standards of BMC 20.14.730. (a) Streams and River Shorelines. All streams and river shorelines which meet the criteria for Type S, F, Np or Ns waters as set forth in WAC 222-16-030 of the Department of Natural Resources Water Typing System as amended. If an Assessment downgrades a stream type of a mapped stream, affected Tribes and the Washington State Department of Fish and Wildlife will be invited to participate in the field verifications and can request stream typing visit to confirm previous field verifications. Where the applicant has provided a map of a stream or a typing, the department may verify the stream location and type at the cost of the applicant. (1) Type S water means all waters, within their bankfull width, as inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. (2) Type F water means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half (1/2) acre or greater at seasonal low water and which in any case contain fish habitat or are described by one (1) of the following four (4) categories: (i) Waters, which are diverted for domestic use by more than ten (10) residential or camping units or by a public accommodation facility licensed to serve more than ten (10) persons, where such diversion is determined by the Department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F water upstream from the point of such diversion for one thousand five hundred (1,500) feet or until the drainage area is reduced by fifty (50) percent, whichever is less; (ii) Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for one thousand five hundred (1,500) feet, including tributaries if highly significant for protection of downstream water quality. The Department may allow additional harvest beyond the requirements of Type F water designation, provided the Department determines after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that: a. The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and b. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; (iii) Waters, which are within a federal, state, local, or private campground having more than ten (10) camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for p ublic use and comes within one hundred (100) feet of a camping unit, trail or other park improvement; (iv) Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: a. The site must be connected to a fish habitat stream and accessible during some period of the year; and b. The off-channel water must be accessible to fish. (3) Type Np water means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see board manual, section 23), then Type Np waters begin at a point along the channel where the contributing basin area is: (i) At least thirteen (13) acres in the Western Washington coastal zone (which corresponds to the Sitka spruce zone defined in Franklin and Dyrness, 1973); (ii) At least fifty-two (52) acres in other locations in Western Washington; or (iii) At least three hundred (300) acres in Eastern Washington. (4) Type Ns water means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters. (b) Saltwater Shorelines and Lakes Twenty (20) Acres and Greater in Surface Area. Those saltwater shorelines and lakes defined as shorelines of the state in the Shoreline Management Act of 1971 and the Bremerton Shoreline Master Program as amended. Shorelines include: Type S waters as set forth in WAC 222-16-030 (DNR Water Typing System) as amended; commercial and recreational shellfish areas; kelp and eelgrass beds; and forage fish spawning areas (i.e., herring, smelt, and sand lance). (c) Lakes Less than Twenty (20) Acres in Surface Area. Those lakes which meet the criteria for Type F, Np, and Ns waters as set forth in WAC 222-16-030 as amended. This includes lakes and ponds less than twenty (20) acres in surface area and their submerged aquatic beds, lakes, and ponds planted with game fish by a governmental or tribal authority. (d) Class I Fish and Wildlife Conservation Areas. (1) Habitats and species recognized by federal or state agencies for federal and/or state-listed endangered, threatened and sensitive species that have primary association documented in maps or databases available to the City, including the Washington Department of Fish and Wildlife’s Priority Habitats and Species program and maps and that, which if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (2) Areas that contain habitats and species of local importance. These areas are identified by the City, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. Habitats of local importance can include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include cliffs, meadows, old -growth/mature forests, snag-rich areas, and urban natural open spaces. (e) Class II Fish and Wildlife Conservation Areas. (1) Habitats for state-listed candidate and monitored species documented in maps or databases available to the City, including the Washington Department of Fish and Wildlife’s Priority Habitats and Species program and maps, which if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (2) Habitats that have been identified through maps, databases, reports, or studies that include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, meadows, old -growth/mature forests, snag- rich areas, talus slopes, and urban natural open space. (f) Habitats and Species of Local Importance. The City should accept and consider nominations for habitat areas and species to be designated as locally important. (1) Habitats and species to be designated shall exhibit the following characteristics: (i) Local populations of native species are in danger of extirpation based on existing trends; (ii) Local populations of native species that are likely to become endangered; or (iii) Local populations of native species that are vulnerable or declining. (2) The species or habitat has recreation, commercial, game, tribal, or other special value. (3) Long-term persistence of a species locally is dependent on the protection, maintenance, and/or restoration of the nominated habitat. (4) Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the City. (5) Without protection, there is likelihood that the species or habitat will be diminished locally over the long term. (6) Areas nominated to protect a particular habitat or species must represent either high-quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteratio n, or provides landscape connectivity which contributes to the integrity of the surrounding landscape. (7) Habitats and species may be nominated for designation by any person. (8) The nomination should indicate whether specific habitat features are to be protected (for example, nest sites, breeding areas, and nurseries), or whether the habitat or ecosystem is being nominated in its entirety. (9) The nomination may include management strategies for the species or habitats. Management strategies must be supported by the best available science, and where restoration of habitat is proposed, a specific plan for restoration must be provided prior to nomination. (10) The Director shall determine whether the nomination proposal is complete and, if complete, shall evaluate it according to the characteristics enumerated in subsection (f)(1) of this section and make a recommendation to the Planning Commission based on those findings. (11) The Planning Commission shall hold a public hearing for proposals found to be complete and make a recommendation to the City Council based on the characteristics enumerated in subsection (f)(1) of this section. (12) Following the recommendation of the Planning Commission, the City Council shall decide whether to designate a habitat or species of local importance by resolution. (13) Establishment of Specific Rules for Protection. Within one hundred twenty (120) days of the effective date of an ordinance designating a species or habitat of local importance, the Director shall develop an administrative rule addressing protection in compliance with this section. (14) Development Standards. Regulated uses in designated fish and wildlife habitat conservation areas and/or buffers shall comply with the performance standards outlined in this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.730 DEVELOPMENT STANDARDS. For the purposes of this title, a designated fish and wildlife habitat conservation area with its buffer is a critical area. Those regulated uses identified below within designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this chapter. A habitat management plan (HMP) is a site investigation to evaluate the potential presence or absence of a regulated fish or wildlife species or habitat affecting a subject property and proposed development. (a) Endangered, Threatened, and Sensitive Species. (1) No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a habitat management plan (HMP). (2) Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species and habitats, have a primary association, such area shall be protected through the application of protection measures in accordance with an HMP prepared by a qualified professional and approved by the City. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. (b) Anadromous Fish. (1) All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: (i) Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; (ii) If alternative alignment or location for the activity is not feasible, then activities shall be designed so that it will not degrade the functions or values of the fish habitat or other critical areas; (iii) Shoreline erosion control measures shall be designed to use bioengineering methods , such as outlined in the Integrated Streambank Protection Guidelines, or soft armoring techniques, according to an approved critical area report; and (iv) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved habitat management plan. (2) Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and sh all prevent fry and juveniles migrating downstream from being trapped or harmed. (3) Fills, when authorized by the Shoreline Master Program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use. (c) Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in BMC 20.14.300. If nonwetlands habitat and wetlands are present at the same location, the provisions of this chapter or the wetlands chapter, whichever provides greater protection to the habitat, apply. (d) Buffers and Associated Building Setback Areas. The distance shall be measured from the ordinary high water mark (OHWM) or from the top of the bank where the OH WM cannot be identified. Buffers shall remain undisturbed natural beach or vegetation areas except where the buffer can be enhanced to improve its functional attributes, as approved by the Department. Buffers shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed below in Table 1 of this section. Refuse shall not be placed in buffers. Alteration of buffer areas and building setbacks may be allowed for water- dependent and water-related activities and for other development authorized by an HMP, reasonable use exceptions, general exemptions, standards for existing (nonconforming) development, and variances in general exemptions, BMC 20.14.145. 20.14.730 Table 1: Water Type Buffer Standards Water Types Attributes Minimum Building Setback Buffer Width Standard S Saltwater and Freshwater See Shoreline Master Program for buffer and minimum building setback F Fish habitat waters 15 feet beyond buffer 200 150 feet Np Year-round, nonfish habitat 15 feet beyond buffer 100 50 feet Ns Seasonal, nonfish habitat 15 feet beyond buffer 100 35 feet (1) Buffers. Where existing buffer area vegetation along Type F, Np, and Ns waters provide minimal vegetative cover and cannot provide the City’s water quality standards or habitat functions (per the requirements of the Department of Ecology and Fish and Wildlife), buffer enhancement shall be required when buffers are directly impacted or reduced. Enhancement should be conducted at a minimum one and one-half to one (1.5:1) ratio to mitigate direct impacts or buffer reduction. On a case-by-case basis, the Director may consider a smaller enhancement ratio, no less than one to one (1:1), where the applicant provides a greater density of on-center plant spacing than required. Where buffer enhancement is required, a plan shall be prepared that includes plant densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for trees. Separate tree spacing requirements for buffer area vegetation triggered by development within shoreline jurisdiction (via a Vegetation Management Pl an) can be found under Shoreline Master Program Section 7.020(a)(5). Monitoring and maintenance of plants shall be required in accordance with BMC 20.14.760, Monitoring and contingency plan. Existing buffer vegetation is considered "inadequate" and will require enhancement through additional native vegetation and removal of nonnative plants when: (i) Nonnative or invasive plant species provide the dominant cover; (ii) Vegetation is lacking due to disturbance and marine, stream, or habitat resources could be adversely affected; or (iii) Enhancement vegetation in the buffer could significantly improve buffer functions. (2) "Minimum building setback" is the required horizontal distance between the finished exterior wall of a structure and the edge of the buffer of the lot on which the structure is located. All portions of a structure must be located away from the buffer a distance equal to or greater than the minimum setback. Uses not requiring a permit defined in the City Building Code as set forth in Chapter 17.04 BMC may be permitted in the setback if the Department determines that such intrusions will not adversely impact the fish and wildlife habitat conservation area. (3) Stream Buffer Measurement. Streams shall be classified according to the stream type system as provided in WAC 222-16-031, Interim water typing system. Stream buffer areas are defined by these classifications, as shown in Table 1 of this section. Buffers shall be measured from the ordinary high water mark (OHWM), or from the top of the bank where the OHWM cannot be identified, or the outer edge of the CMZ where present. The buffer width shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OH WM or top of bank shall be defined so as to include the entire stream feature. (4) Buffer Averaging. For buffering averaging for areas within the areas of shoreline jurisdiction, please refer to Shoreline Master Program Section 7.010(c)(5). For all other areas, buffer widths may be modified by averaging buffer widths as long as the total area contained within the buffer after averaging is no less than the required buffer prior to averaging, and as set forth below. A buffer enhancement plan shall be required for any request for buffer averaging. The enhancement plan shall be similar to a mitigation plan, and include provis ions for mitigation monitoring and contingency plans. Buffer width averaging shall be allowed only where the applicant demonstrates through a report prepared by a qualified biologist or habitat specialist with five (5) years’ experience that: (i) Buffer averaging is necessary to avoid a hardship caused by circumstances to the property; (ii) The habitat contains variations in sensitivity due to existing physical characteristics, or the buffer varies in characteristics and it would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; (iii) Lower intensity land uses would be located adjacent to areas where the buffer width is reduced; (iv) The widest portion of the buffer shall be the area where the habitat is most sensitive; (v) Buffer width averaging will not adversely impact fish and wildlife habitat conservation areas; (vi) The buffer width may be reduced by twenty-five (25) thirty-five (35) percent of the standard buffer, but not less than seventy-five thirty-five (75 35) feet unless provided for when supported by a habitat management plan. (5) Buffer Reduction for Existing Development. Buffers and associated building setbacks may be reduced where the applicant demonstrates through an approved HMP relying on best available science and prepared by a qualified specialist with five (5) years' experience that through buffer enhancement the smaller buffer would provide equal or better protection than the larger buffer, but shall not be reduced by more than thirty-five (35) percent. Enhancement techniques can include, but are not limited to: Buffers may be reduced by no more than twenty-five (25) percent when the following criteria have been met: (i) The proposal provides a HMP, including a mitigation sequencing analysis per BMC 20.14.750(d), which demonstrates no net loss of ecological function or value. Proposals for new Multifamily, Commercial, or Institutional uses shall demonstrates greater riparian function will be provided than currently exists; (ii) The proposal does not impact functionally significant habitat, such as stands of mature trees or habitat corridors; (iii) The proposal will not significantly increase the threat of erosion, flooding, slope stability or other hazards on the site or on adjacent properties; (iv) Existing development is legally established; (v) The proposal complies with all other local and state regulations. (vi) Enhancement techniques are utilized, which can include, but are not limited to those provided in the table below. 20.14.730 Table 2: Enhancement techniques (i) Planting of native trees or shrubs, increasing the diversity of plant cover types, replacing exotic species with native species, or reestablishing fish areas adjacent to a marine shoreline or stream where one currently does not exist will result in improved function of the fish habitat; (ii) Fish barrier removal to restore accessibility to resident or anadromous fish; (iii) Fish habitat enhancement using large woody material incorporated as part of a fish habitat enhancement plan; (iv) Stream and/or retention/detention pond improvements: a. Removal or modification of existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities, or 20.14.730 Table 2: Enhancement techniques b. Upgrade of retention/detention facilities or other drainage facilities beyond required levels to provide a more naturalized habitat; (v) Removal of existing bulkheads to improve fish spawning and habitat areas; (vi) Daylighting a stream that was previously culverted or piped, or daylighting box culverts or trestles. (i) Planting of native trees or shrubs, increasing the diversity of plant cover types, replacing exotic species with native species, or reestablishing fish areas adjacent to a marine shoreline or stream where one currently does not exist will result in improved function of the fish habitat; (ii) Fish barrier removal to restore accessibility to resident or anadromous fish; (iii) Fish habitat enhancement using log structures incorporated as part of a fish habitat enhancement plan; (iv) Stream and/or retention/detention pond improvements: a. Removal or modification of existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities, or b. Upgrade of retention/detention facilities or other drainage facilities beyond required levels to provide a more naturalized habitat; (v) Removal of existing bulkheads to improve fish spawning and habitat areas; (vi) Daylighting a stream that was previously culverted or piped, or daylighting box culverts or trestles. (6) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty-five (25) percent of the buffer; provided, that: (i) No other location is feasible; and (ii) The buffer is over one hundred (100) feet in width; and (iii) The location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (67) Low-Impact Development (LID) Facilities. LID facilities may be allowed within stream buffers; provided, that: (i) No other location is feasible; and (ii) The buffer is over one hundred (100) feet in width; and (iii) The location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (78) Habitat Conservation Area Buffers. For Type F, Type Np, and Type Ns waters only, habitat conservation area buffers shall be shown on the development site plans or final plat maps along with the notation requirements identified in BMC 20.58.080. (i) If an existing property has a previously delineated and approved fish and wildlife habitat conservation area and associated buffer by the City, the approved conservation area and buffer may remain in effect. Redevelopment and/or additions outside of the existing footprint shall be subject to the previously approved buffer; however, a buffer enhancement plan may be required in accordance if the habitat buffer area has become degraded or is currently not functioning or if the habitat area and/or buffer may be negatively affected by proposed new development. If, according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the habitat, the City may require larger buffers where it is necessary to protect habitat functions based on site-specific characteristics. (e) Class I Fish and Wildlife Conservation Areas. All development as described within this chapter or within two hundred (200) feet of designated Class I wildlife conservation areas shall adhere to the following standards: (1) All sites with known locations of Class I fish and wildlife conservation areas or sites within two hundred (200) feet, or the applicable distance identified by Washington Department of Fish and Wildlife management recommendations, whichever is greater, to known locations of Class I fish and wildlife conservation areas will require, for all development permits, the submittal and approval of a habitat management plan (HMP) as specified in BMC 20.14.750. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. (2) All new development within two hundred (200) feet of habitat elements with which Class I fish and wildlife have a critical habitat, or the applicable distance identified by Washington Department of Fish and Wildlife management recommendations, whichever is greater, may require the submittal of an HMP as specified in BMC 20.14.750. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. 20.14.730 Table 32: Wildlife Habitat Conservation Areas Class I All developments within 200 ft. or applicable distance by WDFW management recommendations of a designated Class I wildlife habitat conservation area shall have buffer widths determined by a mandatory habitat management plan. Class II All development within a Class II wildlife habitat conservation area shall have the buffer widths be determined by the SEPA/critical area review on the project and may require a habitat management plan. (f) Class II Fish and Wildlife Conservation Area. All new development within Class II fish and wildlife conservation areas may require the submittal of an HMP. An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of native vegetation. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. (g) Stream Crossings. Any private or public road expansion or new construction which is allowed and must cross streams classified within this chapter shall comply with the following minimum development standards: (1) Bridges or bottomless culverts shall be required for all fish-bearing streams. Other alternatives may be allowed upon submittal of a habitat management plan which demonstrates that other alternatives would not result in significant impacts to the fish and wildlife conservation area, as determined appropriate through the Washington State Department of Fish and Wildlife, hydraulics project approval process. The plan must demonstrate that salmon habitat will be replaced on a one to one (1:1) ratio; (2) Crossings shall not occur in or within 50 feet salmonid spawning and holding areas unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife; (3) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; (4) Crossings shall not diminish flood carrying capacity; (5) Crossings shall serve multiple properties whenever possible; and (6) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity (guidance for these projects can be found in the Washington Department of Fish and Wildlife "Fish Passage Design at Road Culverts" design manual 1999 “Water Crossing Design Guidelines (2013)”, and the National Marine Fisheries Service Anadromous Salmonid Passage Facility Design (2022) or as updated "Guidelines for Salmonid Passage at Stream Crossings" 2000) . (h) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife hydraulic project approval: (1) The channel, bank and buffer areas should be replanted with native vegetation in undisturbed riparian condition; (2) For those shorelands and waters designated as frequently flooded areas, a professional engineer licensed in the State of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained; and (3) Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated. (i) Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those approved by the EPA and approved under a DOE water quality modification permit for use in fish and wildlife habitat conservation area environments. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. (j) Land Divisions and Land User Permits. All proposed divisions of land and land uses (subdivisions, short subdivisions, residential cluster developments, conditional use permits, site plan reviews, and binding site plans) which include fish and wildlife habitat conservation areas shall comply with the following procedures and development standards: (1) The open water area of lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area; (2) Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts or an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan; (3) In order to avoid the creation of nonconforming lots, each new lot shall contain at least one (1) building site that meets the requirements of this chapter, including buffer requirements for habitat conservation areas. This site must also have access and a sewage disposal system location that are suitable for development and does not adversely impact the fish and wildlife conservation area; (4) After preliminary approval and prior to final land division approval, the Department may require the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the Department to provide adequate protection to the aquatic buffer. (k) Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat conservation areas or their buffers pursuant to the following standards: (1) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas; (2) Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat. Impacts and disturbances from recreational trails and interpretive facilities shall be minimized to the extent practicable, informed by Priority Habitats and Species data and management recommendations; (3) Viewing platforms, interpretive centers, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area and shall not be located within 50 feet of salmon spawning or holding areas; (4) Trails, in general, shall be set back from streams so that there will be no or minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible; (5) Trails shall be generally limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five (5) feet unless there is demonstra ted need, subject to review and approval by the Department. Trails shall be constructed with pervious materials unless otherwise approved by the Department; (6) Trails shall not be allowed to fully enclose a habitat area or buffer; and (7) The Department may require closure of trails during critical spawning, migration or breeding time periods of the species present. (l) Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas may be allowed pursuant to the following standards and that the applicant obtains all other required state and federal approvals for any work in-water or in wetlands: (1) Utilities maintenance activities involving no material change in size or function shall be allowed within designated fish and wildlife habitat conservation areas, subject to best management practices; (2) Construction of utilities may be permitted in fish and wildlife habitat conservation areas or their buffers, only when no feasible or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of an HMP which may be required by this chapter; (3) Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas or their buffers when the applicant demonstrates it is necessary to meet state and/or local health code requirements, there are no other feasible alternatives available, and construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed; (4) New utility corridors shall not be allowed in fish and wildlife habitat conservation areas with known locations of federal or state-listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate except in those circumstances where an approved HMP indicates that the utility corridor will not significantly impact the conservation area; (5) New utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat conservation areas and their buffers by the following: (i) New utility facilities, improvements, or upgrades to existing utility facilities should take place within existing improved rights-of-way or existing impervious surfaces so that they do not increase the amount of impervious surfaces within the habitat area; (ii) New utility corridors shall be aligned when possible to avoid cutting or root damage to trees greater than twelve (12) inches in diameter at breast height (four and one-half (4-1/2) feet) measured on the uphill side; (iii) New utility corridors shall be revegetated with appropriate native or equivalent vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives; (iv) Any additional corridor access for maintenance shall be provided wherever possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than fifteen (15) feet and shall be contiguous to the location of the utility corridor on the side away from the conservation area; (6) Utility corridor maintenance shall include the following measures to protect the environment of regulated fish and wildlife habitat conservation areas: (i) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor should lead-based paints be used; (ii) Pesticides, Fertilizers and Herbicides. No pesticides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those herbicides approved by a licensed applicator in accordance with the safe application practices on the label. (m) Bank Stabilization. A stream channel and bank may be stabilized when naturally occurring earth movement threatens existing structures (defined as requiring a building permit pursuant to the applicable building code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams and marine shorelines, when such stabilization results in maintenance of fish and wildlife habitat, flood control and improved water quali ty. Where bank stabilization is determined to be necessary, bioengineering or other nonstructural methods should be the first option for protection. Bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that an existing residential structure cannot be safely maintained or set back without such measures, and that the resulting retaining wall is the minimum length necessary to provide a stable building area for the structure. A variance pursuant to BMC 20.58.030 must be obtained in all other cases. The Department may require that bank stabilization be designed by a professional engineer and geologist licensed in the State of Washington with demonstrated expertise in hydraulic actions of shorelines. Bank stabilization projects may also require a City grading permit and hydraulic project approval from the Washington Department of Fish and Wildlife. Nonstructural marine shoreline and stream bank protective techniques are preferred to bulkheads or other types of marin e shoreline and stream bank armoring. Nonstructural techniques include but are not limited to vegetation plantings and bioengineering. Guidance for these projects can be found in the Washington Department of Fish and Wildlife’s "Integrated Streambank Protection Guidelines Manual" for determining when, why, where, and what projects need to be completed to protect an eroding bank. (n) Fencing and Signs. Prior to approval or issuance of permits for land divisions and new development, the Department may require the common boundary between a required buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer identification may be approved when such methods are determined by the Department to provide adequate protection to the buffer. (o) Road/Street Repair and Construction. Any private or public road or street expansion or construction which is allowed in a fish and wildlife habitat conservation area or its buffer shall comply with the following minimum development standards: (1) No other reasonable or feasible alternative exists and the road or street crossing serves multiple properties whenever possible; (2) Expansion or construction of any private or public road shall only be allowed when adverse impacts cannot be avoided; (3) Public and private roads should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; (4) The road or street construction is the minimum necessary, as required by the Department of Public Works, and shall comply with the Department of Public Works and Utilities’ standards; and (5) Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure habitat protection. (p) Other Allowed Uses in Fish and Wildlife Conservation Areas. Other activities may be allowed using the standard for a Category II wetland buffer as identified by BMC 20.14.330(e). (q) Cultural Resources. Building, grading, and land clearing permits shall include the following note: When an unanticipated discovery of protected cultural material (e.g., bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains are discovered, the property owner or contractor will immediately stop all work, completely secure the location, and contact the Washington State Department of Archaeology and Historic Preservation and other contacts as identified in the City of Brem erton Standard Inadvertent Archaeological and Historic Resources Discovery Plan. The individual or representative whom the permit was issued to must send written notification of the inadvertent discovery to the City of Bremerton department of Community Development. (Ord. 5418 §8, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.740 SPECIAL REPORTS. Habitat Management Plan Requirements. (a) General. If the City determines that impacts to habitats may occur as a result of a development project, a habitat management plan (HMP) shall be required. The applicant may choose to complete an HMP for a site-specific analysis to better determine the impact to habitat and to determine the appropriate buffer width and associated building setbacks for their project based on the site-specific analysis consistent with BMC 20.14.730(d)(5). The preparation and submission of this report is the responsibility of the applicant. The report shall rely on best available science as defined in WAC 365-195- 900 through 365-195-925 and shall be prepared by a qualified professional who is a biologist with five (5) years of experience preparing reports for the relevant type of habitat. The City may retain a qualified consultant at the applicant’s expense to review and confirm the applicant’s reports, studies and plans. The HMP shall clearly demonstrate that greater protection of the functions and values of critical areas can be achieved through the HMP than could be achieved through providing the prescribed habitat buffers and building setbacks. An applicant may propose to implement an HMP as a means to protect habitat buffers associated with streams and/or fish and wildlife conservation areas. Approval for an HMP shall not occur prior to the consultation with the appropriate federal or state agencies. (b) Intent. HMPs are primarily intended as a means to restore or improve buffers that have been degraded by past activity, and should preserve, and not reduce, existing high-quality habitat buffers. While not primarily intended as a means to reduce buffers, the HMP may propose a reduction of the habitat buffer width where it is shown that the HMP will comply with the other requirements of this section. (c) Effect of Buffers. An HMP shall provide habitat functions and values that are greater than would be provided by the prescribed habitat buffers. When habitat buffers are a component of an HMP, they shall be at least the minimum size necessary to accomplish the objectives of the HMP. The HMP may propose, but the City shall not require, a habitat buffer containing a greater area than is required by the prescribed habitat buffer. In a case-by-case basis, the Director may approve a departure from the pres cribed habitat buffers if two (2) state or federal resource agencies or tribes support a departure from these critical area regulations that can demonstrate equal or greater protection of the critical areas. (d) Impact Mitigation. The HMP shall encompass an area large enough to provide mitigation for buffer reduction below the standard required buffers, and shall identify how the development impacts resulting from the proposed project will be mitigated as defined in BMC 20.14.750. The developer of the plan shall use the best available science in all facets of the analyses. (e) The assessment of habitats for the site and project shall at a minimum include the following information: (1) A map prepared at an easily readable scale, showing: (i) The location of the proposed development site; (ii) Property boundaries, rights-of-way, and easements; (iii) The relationship of the site to surrounding topographic, water, and cultural features; (iv) Proposed building locations and arrangements; (v) A legend which includes a complete legal description, acreage of the parcel, scale, north arrow, and date of map revision; (vi) Internal property lines, (vii) Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.; (viii) Map of all streams by Type. (ix) Hydrologic mapping showing patterns of surface water movement, including base and mean annual flows, and known subsurface water movement into, through, and out of the site area tracing the flow of water downstream until it meets a water body that Ecology exempts from the flow-control standard; (x) The most recent, dated air photo with overlays displaying the site boundaries and streams; (2) Detailed description of vegetation on and adjacent to the project area and its associated buffer, including description of any significant trees and snags as well as the SPTH for the project location. (3) Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; (4) A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; (5) A detailed discussion of the direct and indirect potential impacts on habitat by the project , assessment of the sites habitat connectivity with the broader environment, and including potential impacts to water quality. This includes but is not limited to a detailed description of vegetation on and adjacent to the project area and its associated buffer (including prevalence of snags and downed woody material and basal area and canopy coverage within incremental 50 foot bands from the edge of the stream); a discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; for projects involving work in stream a habitat survey from 100 feet upstream to and downstream of the work area, including the stream survey method used; dates seasonal streams on or downstream of the site begin and cease to have intermittent flow and have temporally continuous flow; estimate of base flows; the effect of the proposed development, activity or land use change upon the wildlife species and habitat identified for protection; and a stream habitat report, if applicable, including field notes of stream bankfull widths, gradients, natural barriers including geolocation coordinates, as well as the show the calculation of bankfull width. Description of any known or observable water quality problems at the development site or downstream until marine waters are reached and whether they will continue after the development project is completed. Basic water quality parameters that should be considered include dissolved oxygen (DO), pH, alkalinity, and temperature. (6) Enhancement of existing degraded buffer area and replanting of the disturbed buffer area with native vegetation; (7) The use of alternative on-site wastewater systems in order to minimize site clearing; (8) Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction; (9) The need for fencing and signage along the buffer edge; (10) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with the mitigation sequencing required by this chapter; and (11) A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring, maintenance, and enforcement programs. (12) Description of how the plan addresses climate change resiliency when selecting planting palettes, restoring hydrology, or sizing, restoring or enhancing buffers. (f) When appropriate due to the type of habitat or species present or the project conditions, the Director may also require the habitat management plan to include: (1) An evaluation by an independent qualified professional regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; (2) A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency; and (3) Detailed surface and subsurface hydrologic features both on and adjacent to the site, including a field determination of the ordinary high water mark or any surface waters and supporting documentation. (g) Mitigation Measures. Possible mitigation measures to be included in the report, or required by the Director, could include, but are not limited to: (1) Establishment of buffer zones; (2) Preservation of critically important plants and trees; (3) Limitation of access to habitat areas; (4) Seasonal restriction of construction activities; (5) Establishing phased development requirements; and (6) Monitoring plan for a period necessary to establish that performance standards have been met. Generally this will be for a period of five (5) years. (7) When possible, locating mitigation in a manner that benefits wildlife habitat corridors. (h) HMP Adequacy. The HMP shall demonstrate to the satisfaction of the City that the habitat functions and values are improved by implementation of the HMP. If there is a disagreement between the City and the applicant as to the adequacy of the HMP, the issue of plan adequacy shall be resolved by consulting with the appropriate federal or state agency. If the federal or state agencies are not available in a timely manner, the applicant may choose to have the City refer the HMPs to a third-party consultant at the expense of the applicant. After consultation with such state departments or third -party consultant, the Director shall make a final decision on the adequacy of the HMP. (i) Single-Family Minor Development Exemption. At direction of the Director, single -family redevelopments amounting to one (1) instance of less than five hundred (500) square feet in expansion may be exempt from requirements listed above, so long as an equal amount of native planting areas waterward of the structure are established, consistent with the requirements of BMC 20.14.730(d)(1). (j) Timing. An HMP must be developed and approved either prior to preliminary plat approval or issuance of the building permit, as applicable, and must be implemented before the City grants either final plat approval or an occupancy permit, as applicable. (Ord. 5418 §9, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.750 MITIGATION STANDARDS AND CRITERIA. (a) The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved habitat management plan and SEPA documents, so as to result in no net loss of critical area functions and values. (b) Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. (c) Mitigation shall not be implemented until after the City’s approval of an HMP that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved HMP. (d) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action; (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; (3) Rectifying the impact to habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; (4) Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; (5) Compensating for the impact to habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and (6) Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. (e) Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by the City a mitigation plan as part of the HMP. The mitigation plan shall include: (1) Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: (i) A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria, identification of compensation goals, identification of resource functions, and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; (ii) A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed; and (iii) An analysis of the likelihood of success of the compensation project. (2) Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met. (3) Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as: (i) The proposed construction sequence, timing, and duration; (ii) Grading and excavation details; (iii) Erosion and sediment control features; (iv) A planting plan specifying plant species, quantities, locations, size, spacing, and density; and (v) Measures to protect and maintain plants until established. These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. (4) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project (BMC 20.14.760, Monitoring and Contingency Plan). A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one (1), three (3), and five (5) after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. (5) Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met (BMC 20.14.760). (6) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with bonds to ensure mitigation, maintenance, and monitoring (BMC 20.14.760). (f) Innovative Mitigation. (1) The City may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section wherein one (1) or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (i) Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; (ii) The group demonstrates the organizational and fiscal capability to act cooperatively; (iii) The group demonstrates that long-term management of the habitat area will be provided; and (iv) There is a clear potential for success of the proposed mitigation at the identified mitigation site. (Ord. 5418 §10, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.760 MONITORING AND CONTINGENCY PLAN. (a) A monitoring program shall be included as a part of the approved mitigation plan for a fish and wildlife habitat conservation area. To ensure that the performance standards of the approved mitigation plan have been met, the mitigation and/or buffer enhancement site(s) shall be monitored for a minimum of five (5) years. A longer monitoring period may be required by the City based on either the initial mitigation plan or a review of subsequent monitoring reports. The monitoring reports shall be submitt ed on August 1st of each year during the monitoring period. The Director may waive either a performance and/or maintenance bond for single-family residential projects on a case-by-case basis. An acceptable surety device is required to ensure the applicant’s compliance with the terms of the mitigation agreement. (1) Performance Surety. All mitigation and buffer enhancement shall be completed prior to final plat approval and/or building occupancy depending on the type of application. However, when improvements cannot be completed prior to final acceptance due to weather conditions which may negatively affect the success of the project, a performance surety may be used. The performance surety shall equal one hundred fifty (150) percent of the cost of the mitigation project, and the required improvements shall be installed in a satisfactory manner within six (6) months or less. (2) Maintenance Surety. A maintenance surety shall be required on all mitigation projects to ensure that the improvement successfully survives the monitoring periods set above. (i) Mitigation Projects. The amount of the maintenance surety shall be equal to fifteen (15) percent of the cost of the mitigation project and the term of the surety shall reflect the term of the monitoring program. (ii) Buffer Enhancement Projects. The amount of the maintenance surety shall be equal to fifteen (15) percent of the costs of the enhancement project and the term of the surety shall reflect the term of the monitoring program. (3) Monitoring Deposit. A cash deposit shall be submitted with all sureties prior to final acceptance of the project to cover the estimated City costs to review the yearly monitoring reports and conduct a site inspection to ensure the performance standards are being met. (b) Long-Term Maintenance. To ensure the long-term success of the fish and wildlife habitat conservation area, the applicant or their heirs or successors shall be responsible for the long-term maintenance of the habitat area and its associated buffer. The habitat and buffer shall be kept clear of weeds, invasive plant material, lawn clippings, junk, debris, intrusions or the like. (Ord. 5418 §11, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) Chapter 20.50 LANDSCAPING 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and stormwater runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by encouraging the retention of existing vegetation, expansion of urban tree canopy through landscaping and street trees, usage of drought resistant vegetation, screening areas of low visual interests, buffering potentially incompatible developments, and to compliment development sites with landscaping. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.020 APPLICABILITY. All new development, including expansion of existing structures and/or uses, shall be subject to the requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential short subdivisions or developments of single- family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state. (b) The Director may waive or reduce any requirement(s) of this chapter in the following cases: (1) When a proposed remodel or change of use is valued at fifty (50) percent or less of the assessed value of onsite structures as determined by the Kitsap County Assessor . The remodel of an existing building results in the expansion of floor area that is ten (10) percent or less of the existing floor area; (2) For the remodel an existing development that results in no modifications except normal maintenance and repair; An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) When no new surface parking is proposed. To accommodate required off-street parking spaces. Pervious pavement or other landscaping mitigation may be required to accommodate for the loss of stormwater function. (4) Improvements associated with damaged by fire or other casualty not intentionally caused by the owner or tenant, when a permit is applied for within one (1) year of such fire or casualty. (c) Parking lots with less than thirty (30) spaces are exempt from internal landscaping requirements if they provide at least a five (5) foot width of landscaping across the frontage and along at least one (1) other property line and only one parking lot is located on site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.040 GENERAL PROVISIONS. Where existing trees and vegetation serve the same or similar function to the required landscaping, they may substitute for the required landscaping, provided the submitted plan is consistent with BMC 20.50.050(d) and BMC 15.04 Stormwater. (a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC 20.50.050. For zones with a maximum front yard setback, the first ten (10) feet not occupied by a primary structure shall be landscaped ; (b) Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC 20.50.050(a) unless otherwise required by BMC 20.50.050(c). Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees , or similar area approved by the Director; (c) Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is proposed on a site that is adjoining the low or medium density residential zones, visual screening shal l be provided according to the performance standards in BMC 20.50.050(b); (d) Tree Root Control Barrier. Trees planted within five (5) feet of a public street, sidewalk, or utility infrastructure may be required to install root control barrier to prevent physical damage to improvements. Root control barriers shall consist of galvanized metal or plastic sheets extending a minimum of two feet below the finished grade of the surrounding surface or as directed by the City Engineer within public road rights-of-way. Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along the site facing the trail or open space per the performance standards outlined in BMC 20.50.050(b); (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as provided for in BMC 20.50.050(d), but excluding plants that can be classified as noxious weeds or as invasive species; (f) Alternative Landscaping Plan. The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted and accompanied by a landscape plan as required above; (2) An alternative landscaping plan may be approved, provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: (1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty- five (125) percent of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (4) Prior to certificate of occupancy, or release of a bond or other accepted assurance device, the Director may require a letter from the project landscape designer confirming that all landscaping, irrigation, and other features required per BMC 20.50 have been installed per submitted plans approved by the City of Bremerton. All such submitted letters shall include a copy of the landscape plan reviewed by the project landscape designer and/or arborist. (h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC 20.50.060. (Ord. 5364 §5, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior landscaping areas shall comply with the following: (1) Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than u niformly spaced except as noted elsewhere in this chapter;. Alternatively, street trees may be provided one (1) for every fifty (50) linear feet of street frontage when tree varieties are: (i) Listed in current Bremerton Approved Street & Row Tree List, and; (ii) Have a growth rate of two (2) feet or more annually, and; (iii) Have a mature height of at least thirty (30) feet, and; (iv) Planting strip width requirements identified in the Bremerton Approved Street & Row Tree List are met, or ten (10) feet whichever is less, and; (v) The applicant demonstrates measures taken to avoid conflicts with onsite utilities, overhead utilities, and neighboring properties. (vi) The Director may allow street tree landscape planter areas to be limited to turf grasses when criteria per BMC 20.50.050(a)(1)(i) through BMC 20.50.050(a)(1)(v) are met. (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; nonliving materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encouraged and are included in the calculation of required landscaping square footage . Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage); (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped the internal parking lot area; and (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (9) In areas accessible by motor vehicles, provide permanent curbs to protect plantings areas. For the purposes of this section, curbs are stone, concrete, or asphalt barriers with a minimum of six (6) inches in height, of areas accessible by vehicles. (10) The Director may waive or reduce criteria BMC 20.50.050(a)(2) through BMC 20.50.050(a)(8) and BMC 20.48.080(b)(2) when the following criteria are met for interior landscaping trees: (i) Interior landscape trees meet criteria per BMC 20.50.050(a)(1)(i) through BMC 20.50.050(a)(1)(v). (ii) Interior landscape tree densities are not less than one (1) per three thousand (3,000) square feet of total outdoor area utilized for driveways, loading, parking, and maneuvering motorized vehicles. The Director may reduce interior tree density when the applicant demonstrates that onsite mature tree canopy exceeds one third (1/3) of total outdoor area utilized for driveways, loading, parking, and maneuvering motorized vehicles. (iii) Interior tree landscape planter areas may consist of decorative nonliving materials such as rock, bark, or similar. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residential zones. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones. For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones. Type II screening shall be provided along all property lines that adjoin the low or medium density residential zones. A Type II visual screen shall include the following: (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the centers must comply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback, or in the sidewalk along any facade facing a major arterial. Any trees located in the City right-of-way may require additional approval through the Department of Public Works and Utilities. Trees shall be spaced no less than three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting;. The Director may alter street tree standards of this subsection when criteria per BMC 20.50.050(a)(1)(i) through BMC 20.50.050(a)(1)(v) are met. (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of frontage) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs.; and The Director may alter surface parking lot standards of this subsection when criteria per BMC 20.50.050(a)(10)(i) are met. (3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage system and provide a better transition between various land uses within the City. The following provisions encourage vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s), a qualified arborculturalist International Society of Arboriculture (ISA) Certified Arborist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recommendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area where existing trees and vegetation serve the same or similar function to the required landscaping. In order to promote the retention of existing significant trees during site development, each significant tree within the landscaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of significant tree(s) in exchange for the loss of a parking space. (34) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (4) Critical root zones (tree protection zone) as defined by the International Society of Arboriculture shall be protected. No development, fill, excavation, construction materials, equipment staging, or traffic shall be allowed in the critical root zone o f trees that are to be retained. (e) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought-resistant species, or other species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall be consistent with the list maintained by the most current edition of the American Standard for Nursery Stock American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility company requirements to avoid conflicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the following size requirements: (f) Plant Type and Size. Minimum plant size shall be consistent with Plants shall be sized according to the following: (1) Standard dDeciduous trees: one and one-half (1-1/2) inch to two (2) inch caliper, or one-and- one-half (1-1/2) inch for drought-resistant species. (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths (1-3/4) inch caliper. (23) Evergreen trees: five (5) feet to six (6) feet in height, or four (4) feet for drought-resistant species. (4) Shrubs: minimum size one (1) gallon container. (5) Ground cover: minimum four (4) inch container. (g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter. (h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant. (i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing. (j) Outdoor Storage. Unless provided for otherwise in this title, outdoor storage in all zones is prohibited, except for limited to the minimum number of refuse containers necessary to support approved on-site uses. Dumpsters, refuse containers for commercial uses, and outdoor storage permitted by the underlying zone shall comply with the following criteria: (1) Be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (2) Outdoor storage and refuse containers requiring screening in the GC, R -40, NB, and land use centers shall be screened with materials which are architecturally similar to the primary structure. (3) Outdoor storage and refuse containers should not be located between a street and the front of the building, except in industrial zones. (k) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director decision. (Ord. 5364 §6, 2018: Ord. 5319 §8, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 5008 §6, 2007: Ord. 4971 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.060 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner’s name, designer’s name, north arrow, date and scale; (2) Existing property lines, easements, rights-of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five (5) foot intervals; (4) Proposed plantings, identified by scientific or common name, and caliper, size, and minimum height of specimens to be planted. (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought-resistant vegetation will not require temporary or permanent irrigation systems; (12) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (23) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems, or temporary irrigation systems where drought-resistant vegetation is installed. Temporary systems may be removed after twenty-four (24) months or two (2) growing seasons, whichever occurs first; provided, that the plantings are established; (34) Permanent irrigation systems located within required landscape areas shall include the following features: (i) Moisture or precipitation sensors; (ii) Automatic timers set for operation to assure adequate moisture levels; (iii) Head-to-head spacing, if sprinkler heads are proposed; (iv) Pressure-regulating devices; (v) Backflow prevention devices; (vi) Separate irrigation zones for grass and planting beds; (vii) Other provisions applicable to state and City codes; (45) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces; (56) All landscaping shall be maintained in healthy growing condition for the life of the project; (67) All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington amending the Shoreline Master Program. WHEREAS, the people of the State of Washington enacted the Shoreline Management Act (Chapter 90.58 RCW) by a vote of the people in 1971; and WHEREAS, the Growth Management Act of 1990 (“GMA”) (RCW 36.70A.480) adds the goals and policies of the Shoreline Management Act as set forth in RCW 90.58.020 as one of the goals of the GMA without creating an order of priority; and WHEREAS, in 2003, the Department of Ecology adopted rules, pursuant to RCW 90.58.200, which gave procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations, which became effective January 17, 2004; and WHEREAS, the City Council passed Ordinance No. 5229 on December 4, 2013, adopting the Shoreline Master Program (“SMP”) after approval of Department of Ecology, to be compliant with RCW 90.58.020 and WAC 173-26-186; and WHEREAS, the City Council passed Ordinance No. 5327 on July 5, 2017 making minor limited amendments to the SMP after approval of Department of Ecology, to be compliant with updated regulations; and WHEREAS, the City Council passed Ordinance No. 5417 on April 28, 2021, making minor limited amendments to the SMP after approval of Department of Ecology, to be compliant with updated regulations; and WHEREAS, in accordance with Chapter 43.21C RCW and WAC 197-11, a Determination of Non-Significance (“DNS”) was issued on December 12, 2025, with a comment period which expired on December 26, 2026, and an appeal period which expired on January 9, 2026. No appeals were filed; and WHEREAS, revisions have been made to SMP Chapter 2 Goals and Policies; Chapter 3 Definitions; Chapter 4 Maps; Chapter 5 Permit Administration; Chapter 7 General Standards and Regulations; and Chapter 9 Shoreline Modifications; and WHEREAS, on December 12, 2025, amendments to the SMP were circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, the Bremerton Planning Commission held a Joint Public Hearing on January 26, 2026 at which they considered staff’s recommendations, received testimony, and formulated a recommendation for the SMP update to City Council for consideration at a duly advertised public hearing. The joint review process, per WAC 173-26-104, consolidates the local and State of Washington Department of Ecology’s SMP public comment periods, speeding up the approval process; and WHEREAS, on March 20, 2026, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to provide comment and participate in the public hearing by the City Council; and WHEREAS, the Bremerton City Council held two Study Sessions, on February 25 and March 25, 2026, to discuss the proposed amendments; and WHEREAS, City Council received public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Critical Areas and Landscaping code updates on April 1, 2026; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. Planning Commission Findings. The Findings and Conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth herein in full. SECTION 3. Shoreline Master Program Adopted. The City of Bremerton Shoreline Master Program, as set forth in Exhibit B, attached hereto and incorporated herein by reference, is hereby adopted. SECTION 4. 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 5. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect; and SECTION 6. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2026 _________________________________ JANE REBELOWSKI, Council President Approved this ________ day of ________________________, 2026 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2026 EFFECTIVE the_________day of ______________________, 2026 ORDINANCE NO. ____________ 2 3 Contents Chapter 1 - Introduction, Authority and Purpose ........................................................... 5 Chapter 2 – Goals and Policies .......................................................................................... 7 2.010 Intent: ................................................................................................................................................................ 7 2.020 Master Goal: ...................................................................................................................................................... 7 2.030 General Goals: ................................................................................................................................................... 7 2.040 General Policies: ............................................................................................................................................. 11 2.045 Aquaculture Policies: ...................................................................................................................................... 12 2.050 Commercial Development Policies: ................................................................................................................ 13 2.055 Forest Practices Policies: ................................................................................................................................. 13 2.060 Industrial Development Policies: .................................................................................................................... 13 2.065 Marinas and Boating Facilities Policies: ......................................................................................................... 14 2.070 Recreational Development Policies: ................................................................................................................ 14 2.075 Residential Development Policies: .................................................................................................................. 15 2.080 Roads, Railways, and Utilities Policies: .......................................................................................................... 15 2.085 Clearing and Grading Policies: ........................................................................................................................ 16 2.090 Docks, Piers, and Other In-Water Structures Policies: .................................................................................... 16 2.095 Dredging Policies: ........................................................................................................................................... 17 2.100 Flood Hazard Reduction Policies: ................................................................................................................... 17 2.105 Landfill Policies: ............................................................................................................................................. 17 2.110 Restoration and Conservation Policies: ........................................................................................................... 18 2.115 Shore Stabilization Policies: ............................................................................................................................ 18 2.120 Stormwater Management Facilities Policies: .................................................................................................. 19 Chapter 3 - Definitions ..................................................................................................... 20 Chapter 4 – Shoreline Maps and Designations .............................................................. 31 4.010 Intent: .............................................................................................................................................................. 31 4.020 Maps: ............................................................................................................................................................... 31 4.030 Designations: ................................................................................................................................................... 45 4.040 Shorelines of Statewide Significance: ............................................................................................................. 50 Chapter 5 - Permit Administration ................................................................................. 52 5.010 Applicability: ................................................................................................................................................... 52 5.020 Permit Application Types:............................................................................................................................... 59 5.030 Noticing Requirements: ................................................................................................................................... 59 5.040 Criteria of Approval: ....................................................................................................................................... 61 5.050 Appeals:........................................................................................................................................................... 62 5.060 Time Periods: .................................................................................................................................................. 63 5.070 Violations and Penalties: ................................................................................................................................. 64 5.080 Shoreline Moratorium: .................................................................................................................................... 65 5.090 Restoration Project Relocation of Ordinary High Water Mark: ...................................................................... 65 5.100 Special Procedures for WSDOT projects ........................................................................................................ 66 Chapter 6 - Nonconforming Provisions .......................................................................... 67 6.010 Intent: .............................................................................................................................................................. 67 6.020 Establishment of a Legal Nonconformity and Applicability: .......................................................................... 67 6.030 Annexation: ..................................................................................................................................................... 67 6.040 Substantial Destruction: .................................................................................................................................. 67 6.050 Nonconforming Lots: ...................................................................................................................................... 68 6.060 Nonconforming Uses: ..................................................................................................................................... 68 6.070 Nonconforming Structures: ............................................................................................................................. 70 4 6.080 Unlawful Uses and Structures: ........................................................................................................................ 71 Chapter 7 – General Standards and Regulations .......................................................... 72 7.010 Buffers and Setbacks: ...................................................................................................................................... 72 7.020 Vegetation Conservation: ................................................................................................................................ 76 7.030 Mitigation Sequencing for of Ecological Functions: ...................................................................................... 77 7.040 Public Access: ................................................................................................................................................. 79 7.050 Water Quality, Stormwater, and Non-Point Pollution: .................................................................................... 81 7.060 Archaeologically Sensitive Areas: .................................................................................................................. 82 7.070 Lighting Requirements: ................................................................................................................................... 82 7.080 Parking Requirements: .................................................................................................................................... 83 7.090 Use and Modifications Matrix and Height Table: ........................................................................................... 83 Chapter 8 – Shoreline Use Regulations ........................................................................... 87 8.010 Intent: .............................................................................................................................................................. 87 8.020 Aquaculture: .................................................................................................................................................... 87 8.030 Commercial Development: .............................................................................................................................. 89 8.040 Forest Practices: .............................................................................................................................................. 90 8.050 Industrial Development: .................................................................................................................................. 90 8.060 Marinas and Boating Facilities: ....................................................................................................................... 92 8.070 Recreational Development: ............................................................................................................................. 94 8.080 Residential Development: ............................................................................................................................... 95 8.090 Roads, Railways, and Utilities: ....................................................................................................................... 97 Chapter 9 – Shoreline Modifications............................................................................. 101 9.010 Intent: ............................................................................................................................................................ 101 9.020 Clearing and Grading: ................................................................................................................................... 101 9.030 Docks, Piers, and Other In-Water Structures: ............................................................................................... 101 9.040 Dredging: ....................................................................................................................................................... 105 9.050 Flood Hazard Reduction:............................................................................................................................... 106 9.060 Landfills: ....................................................................................................................................................... 107 9.070 Restoration and Conservation: ...................................................................................................................... 108 9.080 Shore Stabilization: ....................................................................................................................................... 108 9.090 Stormwater Management Facilities: .............................................................................................................. 114 Appendices: Appendix I: Public Access Plan Appendix II: Restoration Plan Accompanying Documents I: Shoreline Inventory & Analysis II: Cumulative Effects Analysis III: Critical Area Ordinance 5 Chapter 1 - Introduction, Authority and Purpose The City of Bremerton recognizes the intent of the legislature of the State of Washington in adopting the "Shoreline Management Act (SMA) of 1971" and adopts by reference the findings therein including, but not limited to, the intent to protect shorelines of statewide significance, their associated natural resources, and providing opportunities for the general public to have access to generally enjoy shorelines. The Shoreline Management Act is incorporated into the Washington State Coastal Zone Management Program and, thereby, those direct federal agency activities affecting the use or resources subject to the Act must be consistent to the maximum extent practicable with the enforceable provisions of the Act, regulations adopted pursuant to the Act and this local Master Program. The State legislature has established that shorelines of the State are among the most valuable and fragile of its natural resources (such as Puget Sound) and there is great concern throughout the State relating to their utilization, protection, restoration, and preservation. In addition, ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the State. The legislature has determined that much of the shorelines of the state and the uplands adjacent thereto are not necessarily being utilized in a way that is in the best interest of the public. This conclusion was drawn by evaluating the public and private development which has taken place on or adjacent to shorelines of Statewide Significance. Due to this, the legislature has determined that coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal state and local governments, to prevent the inherent harm in uncoordinated and piecemeal development along such shorelines. In drafting this latest version of the Bremerton Shoreline Master Program the City has followed the State mandates and guidelines established in the WAC and RCW. These requirements have had a significant impact on the goals, policies, and regulations within this document. In order to better understand the programs objectives the portions of RCW 90.58.020 are provided as follows: It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of 6 the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that interest of all people shall be paramount in the management of shorelines of statewide significance. The department (of Ecology) in adopting guidelines for shorelines of statewide significance, and local government in developing master programs for shorelines of statewide significance shall give preference to uses in the following order of preference which: 1. Recognize and protect the statewide interest over local interest; 2. Preserve the natural character of the shoreline; 3. Result in long-term over short-term benefit; 4. Protect the resources and ecology of the shoreline; 5. Increase public access to publicly owned areas of the shorelines; 6. Increase recreational opportunities for the public in the shoreline; 7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. The Shoreline Management Act's paramount objectives are to protect and restore the valuable natural resources that shorelines represent and to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront location or which will offer the opportunities for the public to enjoy the State's shorelines. With this clear mandate, the provisions of the Shoreline Management Act established a planning and regulatory permit program, which is initiated at the City and county level under State guidance through the local Shoreline Master Program. This cooperative effort balances local and Statewide interests in the management and development of shoreline areas. Local governments are required to plan for shoreline development by developing local shoreline master programs (SMPs). They are also required to regulate such development through a shoreline permit system for Substantial Development projects. Local government actions are monitored by the State of Washington Department of Ecology (DOE), which approves new or amended SMPs, reviews Substantial Development permits, and approves conditional use permits and variances. The local Shoreline Master Program is essentially a shoreline Comprehensive Plan with a distinct environmental orientation applicable to shoreline areas customized to local circumstances. Collectively, all the local master programs comprise the State Shoreline Master Program. 7 Chapter 2 – Goals and Policies 2.010 Intent: The goals of the Shoreline Master Program are intended to be comprehensive goal statements. The goals state the broadest principals that establish the intent behind Master Program requirements. These goal statements are intended to ensure consistency as Master Program policies and regulations are applied to various shoreline uses. The following wheel depicts how all the goals are interconnected. Each primary goal group is integrally tied to a master goal. While each goal group is a separate concept, many of the principles within each group are interrelated. It is the intent of the goal wheel to depict this relationship. 2.020 Master Goal: The overall focus of this plan is to protect and restore shoreline resources and ecological functions, increase public access to the shoreline, promote economic development, accommodate water dependent uses and address climate change adaptation/resiliency. In order to achieve rational, balanced, and responsible use of our irreplaceable shorelines uses need to be coordinated to ensure that long term over short term benefits result. 2.030 General Goals: Each primary goal is listed in alphabetical order followed by the supporting goals for each group. (a) Circulation Goal: Enhance the overall mobility of Bremerton residents and visitors to and around shorelines without detracting from habitat function or public access. 8 (1) Generally avoid locating new roads, railroads, and bridges within shoreline jurisdiction. When such features must be in shoreline jurisdiction locate them where routes will have the least adverse effect on shoreline function. Great effort should be taken to ensure such facilities do not result in a net loss of shoreline ecological functions or adversely impact existing or planned water dependent uses. (2) Where permitted, roads, railroads, and bridges should cross the shoreline area by the shortest most direct route, unless such a route would cause a net loss in shoreline ecological functions. Areas where salmon congregate to spawn or hold should receive special consideration for avoidance. (3) Improve facilities such as trails and bicycle lanes for safe pedestrian and non- motorized travel along public roadways in scenic areas. (4) Make use of rights of way for public access by encouraging rest areas, view turnout points, and picnic areas. Encourage the improvement of appropriate street ends abutting water bodies for public access. (5) Maximize opportunities to jointly use rights of way for roads, utilities, and non- motorized access to ensure the most beneficial use of public spaces. (b) Conservation and Restoration Goal: Emphasize activities that restore and enhance ecological functions and environmental qualities in order to achieve no net loss of ecological function on both a reach and watershed scale. (1) Conserve existing natural resources through regulatory and non-regulatory means such as development standards, ensuring ecologically sound designs, creating restoration programs, and encouraging education programs. (2) Critical areas within the shoreline should be managed to achieve protection or restoration of existing and degraded ecological functions and ecosystem wide processes. In protecting and restoring critical areas within the shoreline, the City can integrate the full spectrum of planning and regulatory measures. (3) Ensure that uses and activities retain native vegetation, or replace existing non- native vegetation with native species in order to achieve no net loss of ecological functions and ecosystem wide processes performed by native vegetation. (4) Encourage developments to integrate shoreline ecological restoration into projects through non-regulatory means. (5) Prevent and minimize pollution, sedimentation, and soil erosion through regulatory and non-regulatory means such as surface water management. (6) Conservation efforts should focus on protecting and sustaining existing ecological functions for long term success; such protection may be ensured through the use of conservation easements. (7) Recognize and monitor the potential effects of climate change as additional scientific information becomes available and encourage shoreline development and redevelopment which will deal will sea level rise in the following order: avoid, retreat protect and accommodate. (i) Comprise/Gather information and establish a climate change strategic plan on the impacts of sea level rise on the shoreline and other affected property; the City should develop plans to address the impacts of sea level 9 rise and climate change in collaboration with impacted property owners, the community, and the Department of Ecology. (ii) Consider changes to the character (type of sediment, erosion etc.) of public and private shorelines during future Master Program updates. (iii) The City should consider sea level rise impacts as it plans for new development as well as other public and private shoreline projects, consistent with the best available science and the life cycle of the improvements. (c) Economic Development Goal: Encourage development, redevelopment, and infill that will improve ecological functions, restore riparian buffers, and benefit the community. Priority should be given to single family residences, however commercial uses should be developed in the following order of preference: water dependent, water related, water enjoyment, and shoreline mixed uses. (1) Plan for reasonable and appropriate shoreline uses, while ensuring that new, redeveloping, and existing use of facilities do not result in a net loss of shoreline ecological functions. (2) Classify areas based on use and ecological function. Focus attention on community benefit, ecosystem processes and functions to determine conservation strategies and restoration priorities. (3) Reserve areas for future water dependent and water related uses that are compatible with ecological protection and restoration objectives. (4) Non-water-oriented activities should be located upland, away from the shoreline except where access to the water is not provided or where the non-water-oriented use provides for ecological restoration and public access. Locations where there is a bluff or a topographic break the non-water-oriented use should be landward of the top of the bluff. (5) Elements of a development that do not require location water access such as parking, circulation, or similar elements should be located inland and away from the immediate water's edge and/or from recreational beaches so as not to interfere with access to the shoreline. (6) Over-water and in-water uses should be prioritized to provide for public access, multiple use, and expansion of existing facilities rather than the addition of new facilities. Preference should be given to the expansion of existing marinas, shared docks, etc. in order to minimize the consumption of limited shoreline resources. (7) All shoreline policies, regulations and development standards should recognize and protect private rights and, to the extent possible, should be designed to protect the rights of adjacent property owners. (d) Historical, Cultural, & Educational Goal: To protect the public’s interest in the conservation, preservation, and restoration of buildings, sites, and areas having historical, cultural, scientific, or educational value. (1) Protect and restore shoreline areas having historical and/or cultural significance especially those shorelines that are of cultural significance to the Suquamish Tribe. (2) Encourage cooperation among public and private groups in the research and study 10 of historical or cultural sites within the City. (3) Acknowledge the value to be gained from research of shorelines having historical and/or cultural significance. Support the continuation and expansion of such uses to improve the overall educational value of our shorelines. (4) Coordinate with existing organizations and local shoreline programs to ensure availability of ongoing educational programs for residents, landowners, and recreational users. (e) Public Access Goal: Improve public access to the shorelines wherever feasible, provided it will not adversely impact ecological functions. (1) Ensure shoreline access and recreational areas are designed to provide safe and abundant access to marine environments for all citizens and meet current ADA requirements (2) Encourage water-oriented shoreline uses and activities that provide an opportunity for substantial numbers of the public to enjoy City shorelines. (3) Incorporate public access into developments (including land division) where possible. Design public access to be as close as possible to the water's edge without impacting safety or habitat function. (4) Control development, uses, and activities on or near the shoreline so as not to impair or detract from the public's access to the water. (5) Preserve and enhance public views from the shoreline. Enhancement of views will not be construed to mean removal of vegetation. (6) Ensure publicly owned shorelines include water dependent uses, public recreational uses, or protected open space. (7) Maintain, enhance, and preserve physical and visual public access afforded by shoreline street ends, public utilities, and rights-of-way. (8) Link public access points with pathway systems for pedestrians and bicyclists. Provide linkages between pathway systems, public transit routes, and activity centers. (9) Encourage landowners to maintain existing public access as is protected by RCW 4.24.210-220 which limits liability. (f) Recreation Goal: Protect and improve recreational opportunities consistent with community needs through the development of publicly owned shorelines. (1) Encourage developments to provide recreational uses and other improvements facilitating public access to shorelines. Locate and design recreational developments to preserve, enhance or create scenic views and vistas. (2) Identify shoreline areas with a potential for recreation or public access. Consider acquiring these areas by lease or purchase for incorporation into the Public Park and open space system. (3) Ensure recreational development is designed to be consistent with the desired character reflected in the purpose of the designation in which they are located in. Assure maximum recreational opportunities while achieving no net loss of shoreline ecological functions and maintaining ecosystem wide processes. 11 (4) Encourage linkage of shoreline parks, recreation areas and public access points with linear systems such as hiking paths, bicycle paths, easements and/or scenic drives. (5) Encourage public access to boat launches and other facilities that can improve access to the marine environment. 2.040 General Policies: (a) Buffer and Setback Policies: (1) The critical areas that are within the shoreline jurisdiction are to be protected and managed in such a manner that the result of any use, activity, or development is no net loss of shoreline ecological functions. (2) The City should protect critical areas and their existing shoreline ecological functions so they continue to contribute to existing ecosystem wide processes. (3) The City should promote uses and values that are compatible with other objectives of this section, such as public access and native vegetation management, provided there is no net loss significant adverse impact to shoreline ecological functions. (b) Vegetation Conservation Policies: (1) The City should protect, conserve and establish native vegetation near shorelines in order to protect and restore the ecological functions and ecosystem wide processes performed within riparian and near shore areas which include but are not limited to: • Protecting plant and animal species and their habitats; • Providing food sources for aquatic and terrestrial species in the form of various insects and benthic macro invertebrates; • Providing shade necessary to maintain water temperatures for salmonids, forage fish, and other aquatic biota; • Protecting and increasing stability of banks and bluffs; • Reducing the hazard of slope failures or accelerated erosion; • Reducing the need for structural shoreline stabilization measures; • Improving the visual and aesthetic qualities of the shoreline; • Protecting and improving water quality through filtration and vegetative uptake of nutrients and pollutants; • Providing habitat corridors parallel and perpendicular to the water body. (2) The City should implement the Environmental Standards within the Gorst Creek Subarea Plan, including the Gorst Creek Overlay, upon future annexation. (c) Mitigation Sequencing Policy: (1) For all developments, applicants must demonstrate that all alternatives have been examined with the intent to avoid and minimize impacts to shoreline ecological functions. (d) Public Access Policies: (1) Public access, in its variety of forms, should be promoted whenever feasible provided the result is no net loss of the shoreline’s ecological function. (2) Public access should be provided to the shoreline as a primary use or as development occurs, while protecting private property rights and public safety. (3) Public access should not compromise the rights of navigation and space necessary for water-dependent and water-related uses. (4) To the greatest extent feasible consistent with the overall best interest of the state and the people generally, the public's opportunity to enjoy the physical and aesthetic qualities of shorelines of the state should be protected. (5) Property owners should implement a variety of techniques including acquisition, leases, easements, and design and development innovations to achieve public access goals and to 12 provide diverse public access opportunities. (e) Water Quality Policies: (1) Prevent impacts to water quality and stormwater quantity that would result in a net loss of shoreline ecological functions, or a significant impact to aesthetic qualities, or recreational opportunities. (2) Ensure mutual consistency between shoreline management provisions and other regulations that address water quality and stormwater quantity, including public health, stormwater, and water discharge standards. (3) Protect aquatic resources from non-point pollution, such as water runoff from contaminated surfaces, contaminated groundwater, chemical fertilizers, herbicides, pesticides, and petrochemicals, including, but not limited to discharge from failing onsite septic systems. (f) Archaeologically Sensitive Areas Policies: (1) Prevent the destruction of or damage to any cultural resources and any site having historic, cultural, scientific, or educational value as identified by the appropriate authorities, including The Suquamish Tribe, and the Washington State Department of Archaeology and Historic Preservation. (2) Landowners should provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. (g) Lighting Policies: (1) Lighting within shorelines and lands adjacent to shorelines if not properly managed can have an adverse impact on the ecological function, most notably the migration patterns of salmonids and terrestrial species. (2) Lighting should be minimized within shorelines, especially within close proximity to the water. (3) Development should implement site lighting techniques that minimize the amount of spill- over into riparian and aquatic environments. These techniques should include but are not limited to reduction of pole heights, pole locations, and fixture designs including shading / shielding devices, bulb types and reduced wattages. (h) Parking Policies: (1) Parking includes private on-site, public lots/structures and loading areas. Parking within shorelines is a low priority. Converting land within shorelines for the sole use of vehicles is not an efficient land use. (2) Parking as a primary use (stand-alone use) within the shoreline jurisdiction should be prohibited. (3) Parking should not be allowed between development and the adjacent water body. (4) Where surface parking is developed within the shoreline jurisdiction, Low Impact Development techniques should be implemented. (5) Lighting for parking areas should be minimized. 2.045 Aquaculture Policies: Aquaculture is the culture, or farming of fish, shellfish or other aquatic plants and animals. Activities include, but are not limited to the hatching, cultivating, planting, feeding, raising, harvesting, and processing of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to fish pens, fish hatcheries, shellfish rafts, racks and long lines, seaweed floats, and nets and the culture of clams and oysters on tidelands and sub-tidal areas. Aquaculture does not 13 include the harvest of wild geoduck associated with a state managed wild stock geoduck fishery. Aquaculture is a preferred water-dependent use. It should be encouraged to locate where it will not significantly conflict with navigation and other water dependent uses, and/or result in a net loss of ecological functions, and/or adversely impact eelgrass and microalgae. Harvest of wild stock free swimming fish, and/or harvest of wild stock geoducks on state owned aquatic lands do not require a shoreline Substantial Development permit. (a) Aquaculture should not be located in areas where it would result in a net loss of ecological functions. (b) Aquaculture should not be permitted in areas where it would significantly conflict with navigation and other water-dependent uses. 2.050 Commercial Development Policies: Commercial development on the shorelines should be designed to bring large numbers of citizens to the shoreline. (a) Commercial development should be designed and constructed in such a manner as to result in no net loss of ecological functions. including implementation of Low Impact Development techniques, to the maximum extent feasible. (b) Public access should be provided in all locations, except where it is demonstrated to conflict with the intended use for reasons of safety, or security; or if it adversely impact the ecological function of the shoreline. (c) Non-water-oriented commercial uses within the shoreline jurisdiction should be allowed to locate and operate within existing structures. 2.055 Forest Practices Policies: Forest practices within the City along shorelines would occur as a conversion of forested areas to a certain level of urban development (Class IV – General per the Forest Practices Act, RCW 76.09) or as timber harvest within the City Watershed and City Utility Lands. (a) Forested areas within shorelines should be preserved and protected where feasible. 2.060 Industrial Development Policies: Water-dependent industrial uses are preferred and encouraged within shoreline areas. (a) Where necessary depth for industrial uses is adjacent, water-dependent industrial development should be given priority over water-related industrial uses provided, however, that in both instances, they do not conflict with planned or existing public access and habitat restoration. (b) Redevelopment of water-dependent industrial facilities and areas should be encouraged, provided it will not create a net loss of shoreline ecological function and processes. (c) New water-dependent industrial development should incorporate physical and/or visual public access to the water except when such access causes significant interference with operations or hazards to life or property. (d) On upland industrial sites, environmental cleanup and/or remediation should be implemented to serve a variety of future land uses. 14 (e) Water-dependent and water-related industrial redevelopment is encouraged. (f) Priorities of uses are to be in the following order: Water-dependent uses, water- related uses, and water-enjoyment uses. 2.065 Marinas and Boating Facilities Policies: Marinas and boating facilities are water-dependent uses and are a preferred use on shorelines. Bremerton has a variety of such facilities that are both privately owned commercial and industrial facilities and those that are available to the general public. Boating facilities can include uses such as marinas, shipping and ferry terminals, transient mooring facilities, boat-ramps, upland dry-stack storage, boat construction, and boat maintenance facilities. (a) New or expanded boating facilities should include restoration of ecological functions within the riparian and near-shore environment, especially for migrating salmonids and other aquatic species. (b) New or expanded boating facilities should be designed, constructed, and managed such that there is no net loss of shoreline ecological function. (c) New or expanded boating facilities should provide the maximum amount of public access in a variety of forms. (Trail, view overlooks, transient and hand- carry craft moorage.) (d) New boating facilities should be located in areas where other water-oriented uses presently exist or could be established within close proximity. (e) New or expanded boating facilities should minimize the amount of associated parking and impervious surface within the shoreline jurisdiction. (f) New boating facilities should not include covered moorage and boathouses. (g) New boating facilities that require dredging for proper depth and/or removal of contaminated sediments should be consistent with all federal and state requirements for management of contaminated sediments; and should not be located in areas that require dredging to maintain depth as this represents a routine disturbance to the bottom environment. (h) Existing boating facilities, when retrofitted or as upgrades are necessary, should improve the existing ecological function by minimizing impacts to water quality, restoring hydrologic function and maintaining the viability of aquatic organisms. 2.070 Recreational Development Policies: Water-oriented recreational development can include but is not limited to parks, trails, open spaces, beaches, boat or other watercraft rentals, fishing piers, aquariums, view platforms and over-water boardwalks. (a) Water-oriented recreational development is encouraged on shorelines provided it results in no net loss of ecological function and is a preferred use along shorelines of statewide significance. (b) Water-oriented recreational development on the shorelines should be consistent with the Comprehensive Plan and the City of Bremerton Park, Recreation and Open Space Plan in terms of satisfying future demand and design. 15 (c) Water-oriented recreational development should take precedence over non- water- oriented recreational uses. (d) Wherever possible, shoreline recreational facilities should be linked to other adjacent recreational attractions by pedestrian and/or bicycle trails. (e) Recreational development, where applicable, should include interpretive displays describing cultural, historical, and scientific information. (f) Non-water-oriented recreational development uses should not be located on shorelines. 2.075 Residential Development Policies: Residential development includes subdivisions of large parcels, multi-family housing, condominiums, and single-family residences. Under the Shoreline Management Act, owner occupied single-family residences are a preferred use on the shorelines. Residential uses, however, can cause significant damage to the shoreline area through cumulative impacts resulting from vegetation loss, shoreline armoring, increased amount of impervious surfaces and resulting stormwater runoff, septic system failure, and additional vehicular trips. (a) Development of residential units should will not result in no net loss of ecological function. (b) Any residential development along the shoreline should be set back from steep slopes and eroding shoreline areas so that the shoreline is not further eroded nor structural improvements required to protect property. (c) In cases where either large tracts are subdivided into single-family residential parcels or where contiguous individual building sites are developed for single family residences, common public access areas and one joint-use dock, rather than single family docks, should is permissible be developed for the use of residents of the subject subdivision. (d) Design of residential development should include preservation of existing native vegetation to the greatest extent possible. (e) Residential development should be designed to minimize the amount of impervious area and should utilize Low Impact Development techniques to the greatest extent practicable (e.g., permeable pavers, stormwater infiltration and filtration). (f) New multi-unit residential development and the subdivision of land into more than four parcels should incorporate into the overall design planned public access amenities whenever feasible. 2.080 Roads, Railways, and Utilities Policies: Roads, railways, and utilities are necessary to provide efficient public circulation and the shipment of goods and services. These transportation circuits can include but are not limited to roads, highways and interstates, rail lines and spurs, public service water and sewer mains, power generation, transmission and distribution facilities, and wireless communication facilities. (a) All new roadways, arterials, utilities, and railways, including expansions of these systems, should be located and designed to avoid shorelands, unless no feasible alternative is feasible, and should minimize impacts to shoreline ecological 16 functions. (b) Location and design of new roadways including arterials should not compromise existing and planned shoreline public access or existing and planned habitat restoration and enhancement. (c) New roadways, when necessary within shorelines, should be located and designed in such a manner that the minimum width and length of travel-way for vehicles is provided and appropriate provision made for pedestrian and multi-modal forms of transportation. (d) New roadways should be designed and constructed to implement a range of available Low Impact Development techniques. (e) New utilities for the delivery of services and products such as, but not limited to public sewer, water and storm mains and services, pipelines, power, and transmission facilities should be located outside of shorelines, critical areas and their associated buffers unless intended specifically for a permitted use. (f) Whenever feasible, utilities should be co-located within existing right-of-way corridors. (g) Installation of utilities, including maintenance and expansion of existing utilities, should improve the project area from its original condition by native vegetation installation and management. (h) Utilities should provide public access to the shoreline when practical. 2.085 Clearing and Grading Policies: Clearing and grading are permitted as an element of development or re-development for an authorized activity or as otherwise allowed in this Title. (a) Disturbance to and removal of native soils should be minimized within shorelines. (b) Uses and site design should incorporate protection or reestablishment of the maximum amount of native vegetation on a particular site. (c) Vegetation that is removed as part of a permitted use should be reestablished within a required buffer. 2.090 Docks, Piers, and Other In-Water Structures Policies: In-water (marine and freshwater) structures include but are not limited to jetties, pilings, fish ladders, mooring buoys, docks, piers, breakwaters, groins, marine railways, weirs, baffles, and similar structures. (a) In-water structures should be designed to minimize impacts to ecological functions of the water body including, but not limited to water quality, anadromous and forage fish habitat, spawning and rearing areas, migration, and passage. (b) In-water structures should not adversely affect hydrologic function including light penetration within the photic zone, sediment transport, and current and water circulation patterns. (c) The location and planning of in-water structures should give due consideration to the full range of public interests and environmental concerns. 17 (d) Analysis of cumulative impacts of in-water structures should be conducted such that the connectivity between habitats, such as pocket estuaries, for migrating salmonids is maintained and restored where feasible. 2.095 Dredging Policies: Dredging is the removal of material from a water body. The purposes for dredging might include navigation, remediation of contaminated materials, or material mining. Materials generated from navigational and remedial dredging may be suitable for beneficial reuse (e.g., construction of habitat features or construction of uplands) or may require disposal at appropriate disposal facilities. (a) Dredging should be allowed only to accommodate existing navigational uses, remediation of contaminated materials, or approved water-dependent uses and then only when ecological impacts are minimized and mitigation is provided. (b) Deposition of dredge spoils waterward of the Ordinary High Water Mark should be allowed only when necessary to support allowed water dependent use, public access, beach restoration or Model Toxics Control act or the Comprehensive Environmental Response Compensation and Liability Act and other water dependent uses that are consistent with this master program or consistent with locations approved by the State Departments of Natural Resources, and the Department of Fish and Wildlife where the alternatives of depositing materials on land is more detrimental to shoreline resources than depositing it in water areas. (c) Dredging within aquatic areas for the primary purpose of acquisition of fill material should not be allowed. (d) Where dredging occurs within marine waters the result should be suitable for establishment of a variety of aquatic organisms including, where appropriate, salmonids and forage fish. 2.100 Flood Hazard Reduction Policies: (a) The City should recognize that seasonal flooding is an essential natural process and minimize alteration of such processes where feasible. (b) Flood hazard reduction measures should not result in a net loss of ecological functions associated with the rivers and streams. (c) Flood hazard reduction measures should be consistent with comprehensive strategies that recognize the natural hydro-geological and biological processes of water-bodies and should seek to restore ecological functions within frequently flooded areas. (d) Development in frequently flooded areas should be prevented or existing development removed when feasible and to maintain or restore a stream system's natural hydrological and geo-morphological processes. (e) Bioengineered flood hazard reduction techniques are preferred and should be examined and implemented where feasible rather than structural measures. 2.105 Landfill Policies: Landfill is the creation of dry upland area by the placement or deposition of sand, soil, gravel or contaminated sediments into a water body. (a) Landfills waterward of OHWM should be allowed only when necessary to support, 18 public access, beach restoration, or MTCA / CERCLA restoration projects and other water dependent uses that are consistent with this master program. (b) Landfills should be limited in the shoreline and should be the minimum necessary. 2.110 Restoration and Conservation Policies: Restoration is the improvement or reestablishment of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to: amending soils, planting native vegetation, removing derelict shoreline structures, removing or treating toxic materials, and restoring the natural configuration of banks within near-shore or riparian areas. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions (WAC 173-26). The citywide objective of restoration is to achieve a net gain in ecological function within the watershed. (a) The primary objectives of restoration projects should be to protect and restore natural processes controlling environmental factors. (b) The Suquamish Tribe, Corps of Engineers, Washington Department of Ecology, the Washington Department of Fish and Wildlife and other appropriate resource agencies should be included at the beginning of the design and development stages of a restoration project or plan. (c) The goals of the Restoration Plan should be considered for all restoration and conservation projects. (d) Restoration and conservation may take place as a stand-alone project or as a required element of a larger development proposal. In either case the following should be achieved, as feasible: (1) Non-native vegetative species should be controlled and native vegetation established (soil amendments, including mulching, may be required to support native vegetation); (2) Installation of native vegetation should be an appropriate mix of deciduous, conifer, under-story and groundcover species that are capable of achieving substantial water body shading, provide food sources for a variety of species, enhance and connect to habitat corridors and slow movement of groundwater and sheet-flow towards the water body; (3) Introduction of large woody debris to the water body should not adversely impact fish passage or hydrologic function; and (4) Design and implementation of restoration projects that alter the location of the OHWM should not negatively impact abutting or proximate (third party) property owners, compromise the integrity or threaten the loss of existing structures, transportation routes, public access areas or cause significant additional erosion. 2.115 Shore Stabilization Policies: Shoreline stabilization measures are those mechanisms used to prevent erosion and deterioration of shoreline areas as a result of waves, wind, tidal action, or flooding. Shoreline stabilization measures can include a wide range of works varying from hard 19 armoring to vegetation conservation and anchoring of trees. (a) New development should be managed and designed to eliminate the need for shoreline modification or stabilization. (b) Replacement of rigid structurally engineered stabilization measures with the same new measures should not occur unless it is associated with a water-dependent use or there is a demonstrated need based on potential loss of a legally permitted primary structure or there is a threat to the viability of an existing water-dependent use. (c) Whenever feasible, bioengineered and soft-shore shoreline modifications and stabilization should be explored and implemented before reverting to structurally engineered techniques. 2.120 Stormwater Management Facilities Policies: Stormwater management (detention and treatment) facilities are necessary elements of development. If designed correctly and managed properly they can produce multiple benefits within the shoreline jurisdiction. (a) Stormwater facilities should not be located in areas where there would be an adverse impact to existing shoreline ecological functions. (b) Stormwater management facilities should be designed to incorporate Low Impact Development techniques. (c) All Shoreline Designations must comply with these requirements including the shoreline isolated locations. 20 Chapter 3 - Definitions The following shall be deemed definitions for the Shoreline Master Program. Where these definitions conflict with other definitions in the Bremerton Municipal Code, these definitions shall prevail for projects within the shoreline jurisdiction. Where they conflict with definitions in the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC) the RCW or WAC provisions shall prevail. This list of definitions is not exhaustive; all definitions in RCW 90.58.030, WAC 173-26-020, BMC 20.42 and BMC 20.14.200 shall be deemed definitions for this title. Words not defined within any of these codes shall be as defined in Webster's Third New International Dictionary, latest edition. Accessory Use: A use that is demonstrably subordinate and incidental to the principal use and which functionally supports its activity. Act: The Shoreline Management Act of 1971, Chapter 90.58 RCW. [WAC 173-27- 030(1)] Adjacent Lands: Property which is immediately bordering or abutting lands under shoreline permit jurisdiction. (RCW90.58.340) Agriculture: Agricultural uses and practices include, but are not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant; conducting agricultural operations; and maintaining agricultural lands under production or cultivation as defined in WAC 173-27-020. This excludes activities typically associated with single family residences, such as gardening and does not include fish hatcheries which are listed under aquaculture. Alteration: Any human activity which results or is likely to result in a significant impact upon the existing condition of a site. Alterations include, but are not limited to grading, filling, dredging, draining, channelizing, applying any hazardous substance, discharging pollutants except stormwater, paving, constructing, applying gravel, modifying surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in a significant impact to existing vegetation, hydrology, wildlife, or wildlife habitat. Alterations do not include walking, fishing, or any other passive recreation or other similar activities. Applicant: A person who files an application for permit under this Title and who is either the owner of the land on which the proposed activity would be located, a contract purchaser, or the authorized agent of such person. Appurtenance: Development necessarily connected to the use and enjoyment of a single family residence and located landward of the perimeter of an associated wetland and landward of the Ordinary High Water Mark. Normal appurtenances include a garage, deck, driveway, utilities solely servicing a subject single family residence, and grading which does not exceed 250 cubic yards. 21 Aquaculture: The culture, or farming of fish, shellfish, or other aquatic plants and animals. Activities include, but are not limited to the hatching, cultivating, planting, feeding, raising, harvesting, and processing of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas. Cultivation methods include, but are not limited to fish pens, fish hatcheries, shellfish rafts, racks and long lines, seaweed floats and nets and the culture of clams and oysters on tidelands and sub-tidal areas. Aquaculture does not include the harvest of wild geoduck associated with a state managed wild stock geoduck fishery. Associated Wetlands: Those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. Average Grade Level: The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the Ordinary High Water Mark. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. [WAC 173-27-030(3)] Beach: The zone of unconsolidated material that is moved by waves, wind, and tidal currents, extending landward to the coastline. Bluff: A steep headland, promontory, broad faced bank, or cliff running adjacent to and rising up from the shoreline. For the purpose of measuring buffers and setbacks from the top of a bluff the following shall apply: A bluff rises up from the OHWM to the first significant break in slope. The first significant break in slope is a bench at least thirty (30) feet wide. The top of a bluff is the point where the first significant break in slope occurs. Boat Ramp: Graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device. Buffer: An area that is contiguous to and protects a critical area which is required for the continued maintenance, functioning, and or structural stability of a critical area. Bulkhead: A solid or open pile wall erected generally parallel to and near the ordinary high water mark for the purposes of protecting adjacent uplands from waves or current action. City: The City of Bremerton. Clearing: The removal of vegetation. Conditional Use: A use or development which is classified as a conditional use or is not classified within the Master Program, or materially interferes with the normal public use of the water or shorelines of the state. Conservation Easement: A legal agreement that the property owner enters into a restricted use of the land. Such restrictions can include, but are not limited to passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection. 22 Covered Moorage: Boat moorage, with or without walls, that has a solid roof to protect the vessel and is attached to the dock itself or the substrate of the water body. Overwater boat houses are a type of covered moorage. Critical Areas: Any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands as defined in RCW 36.70A and BMC 20.14. Critical saltwater habitat: Means all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial, and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. Development: A use, consisting of the construction or exterior alteration of structures; dredging; drilling, dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this program at any state of water level. This does not include dismantling or removing structures if there is no other associated development or re-development. Docks: A fixed structure in the water or a structure floating upon the water that provides moorage for vessels, or for transfer of materials between a vessel and the shore, or for other services to a vessel such as fueling, maintenance and repair. Dredging: The removal of earth, sand, sludge or other materials from the bottom of a stream, river, lake, bay or other water body. Drift Cell, drift sector, or littoral cell: A particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. Ecology: The State of Washington Department of Ecology. Ecological Function or Shoreline Functions: The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. (WAC 173-26-020(13)). Ecological Restoration: An intentional activity that initiates or accelerates the recovery of an ecosystem with respect to its health, integrity and sustainability. Restoration attempts to return an ecosystem to its historic trajectory. Frequently, the ecosystem that requires restoration has been degraded, damaged, transformed or entirely destroyed as the direct or indirect result of human activities. In some cases, these impacts to ecosystems have been caused or aggravated by natural agencies, such as wildfire, floods, storms, or volcanic eruption, to the point at which the ecosystem cannot recover its pre- disturbance state or its historic developmental trajectory. In cases where a historic trajectory cannot be determined one should use a combination of knowledge of the damaged ecosystem’s pre-existing structure, composition and functions rather than the historic trajectory. Emergency: An unanticipated and/or imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full 23 compliance with the Master Program. Emergency construction is defined as that necessary to protect property and facilities from the elements. All emergency construction shall be consistent with the SMA and the Master Program (see RCW 90.58.030(3eiii)). Enhancement: The manipulation of the physical, chemical, or biological characteristics of a feature to heighten, intensify, or improve specific ecological function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a positive change in ecological function but does not result in an increase in the area of the feature. Examples are planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydro- periods. Erosion: The process whereby wind, rain, water, and other natural agents mobilize and transport particles. Estuary: The zone or area of water in which freshwater and saltwater mingle and water is usually brackish due to daily mixing and layering of fresh and saltwater. Exempt development: Development listed in WAC 173-27-040 as exempt from the definition of “Substantial Development,” and, therefore, exempt from the Substantial Development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the SMA and the Master Program. Conditional use and/or variance permits may still be required even though the activity does not need a Substantial Development permit (RCW 90.58.030(3e)). Extreme Low Tide: The lowest line on the land reached by a receding tide. [RCW 90.58.030(2a)] Fair Market Value: The expected price at which the development can be sold to a willing buyer. For developments which involve nonstructural operations, such as dredging, drilling, dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform the operation, or where no such value can be calculated, the total of labor, equipment use, transportation, and other costs incurred for the duration of the permitted project. [WAC 173-27-030(8)] Feasible: Actions that meet all of the following conditions: (a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (b) The action provides a reasonable likelihood of achieving its intended purpose; and (c) The action does not physically preclude achieving the project's primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the City may weigh the action's relative public costs and public benefits, considered in short- and long-term time frames. 24 Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area that increases the natural surface elevation. For wetlands this includes areas waterward of the OHWM, or on shorelands in a manner that raises the elevation or creates dry land. Floating Home: A single-family dwelling unit constructed on a float, that is moored anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed. Floating On-Water Residence. Any floating structure other than a floating home, as defined in this chapter that (a) is designed or used primarily as a residence on water and has detachable utilities; and (b) whose owner or primary occupant has held an ownership interest in space in a marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 2014. Floats (Rafts): Floating structures that are moored, anchored, or otherwise secured in the water that are not directly connected to the shoreline. Floodway: For purposes of determining the jurisdiction of the Shoreline Master Program in conjunction with the definition of “shoreland,” “floodway” means the area, as identified in a Master Program, that either: (i) Has been established in federal emergency management agency flood insurance rate maps or floodway maps; or (ii) consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. (RCW 90.58.030 and WAC 173-26-020(18)) Forage fish: Small, schooling fish which serve as an important source of food for other fish species, birds, and marine mammals. Examples of forage fish species are herring, smelt, anchovies, and sardines. Geotechnical Report: A scientific study or evaluation conducted by a qualified professional that includes a description of ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by a qualified professional engineer or geologist who has professional expertise about the regional and local shoreline geology and processes. Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. 25 Grubbing: The removal of vegetative matter from underground, such as sod, stumps, roots, buried logs or other debris, and shall include the incidental removal of topsoil and earth. Houseboat: A vessel used for living quarters but licensed and designed substantially as a mobile structure by means of detachable utilities or facilities, anchoring, and the presence of adequate self-propulsion to operate as a vessel. Height: The distance measured from the average grade level to the highest point of a structure: Television antennas, chimneys, and similar appurtenances shall not be used in calculating height. Hydraulic Project Approval (HPA): A permit issued by the Washington Department of Fish and Wildlife for modifications to waters of the State in accordance with RCW 77.55.011. Invasive: A vegetative or animal species not native to a region and marked by a tendency to spread, especially with proclivity to replace healthy native species. In-Water Structure: A structure located waterward of the ordinary high water mark. Littoral drift: The mud, sand, or gravel materials moved parallel to the shoreline in the nearshore zone by waves and currents. Marina: A water dependent facility that provides wet and/or dry moorage for over ten (10) boats, and related accessory boat launching facilities and supplies and services for small commercial and/or pleasure craft. Marinas may be designated for temporary day- use only or for permanent (long-term) moorage. May: The action is acceptable provided it conforms to the provisions of the Program. Denotes the use of discretion by the Director in making a decision, provided the action conforms to the provisions of the Program and the policies of the SMA. Mean Higher High Water (MHHW): The tidal elevation obtained by averaging each day's highest tide at a particular location over a period of nineteen years. It is measured from the mean lower low water = 0.0 tidal elevation. Mooring Buoy: A floating object anchored to the bottom of a water body that provides tie up capabilities for vessels, often containing loops or chains attached to the top and float on the water. Mooring buoys are regulated separately from docks and piers. Mixed-Use Commercial: Mixed-use commercial developments are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water-dependent uses with non-water dependent uses, and feature high amenity public access or recreational uses. The public benefit will be evaluated and weighed against the impact of the project in review of a mixed-use commercial development proposal. Modification: An action that modifies the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a breakwater, dock, boat launch ramp, or other shoreline structures. A shoreline modification also can consist of other activities such as dredging and filling. Multifamily Use: A residential use containing two (2) or more primary residential units. Must: A mandate; the action is required. 26 Nonconforming Lot: A lot that does not meet the lot area, width or street frontage requirements of the Shoreline Master Program or Zoning Code, but was lawfully created prior to the effective date of the adoption of the Shoreline Master Program and/or Zoning Code or subsequent amendments thereto. Nonconforming Structure: A building or structure that does not comply with the required setbacks, height, lot coverage and other development requirements of the Shoreline Master Program or Zoning Code, but was lawfully constructed prior to the effective date of the Zoning Code and/or Shoreline Master Program or subsequent amendments thereto, and was continually maintained as defined in this chapter. Nonconforming Use: Any activity, development or condition that is not permitted outright or as an accessory use, or is not permitted by a Conditional Use Permit or other special permitting process by the provisions of the Shoreline Master Program or Zoning Code; but was lawfully created prior to the effective date of the Shoreline Master Program or Zoning Code, or subsequent amendments thereto, and was continually maintained as defined in this chapter. A nonconforming use may or may not involve buildings or structures and may involve part of or all of a building or property. No Net Loss: No Net Loss of ecological functions is the maintenance of existing shoreline ecological processes and functions at the level that existed at the time of approval of the major update to the shoreline master program in 2012 and reflected in the shoreline inventory and characterization dated December of, 2010, or for a development project, the conditions that existed prior to initiation of use or alterations of the shoreline that result in adverse impacts on ecological processes and functions. On a Citywide basis No Net Loss means that the ecological processes and functions are maintained within a watershed or other functional catchment area. Regulations may result in localized cumulative impacts or loss of some localized ecological processes and functions, as long as the ecological processes and functions of the system are maintained. Maintenance of system ecological processes and functions may require compensating measures that offset localized degradation. On a project basis, no net loss means that a permitted use or alteration of a shoreline will not result in deterioration of the existing condition of shoreline ecological functions. No net loss is achieved both through avoidance and minimization of adverse impacts as well as compensation for impacts that cannot be avoided. Compensation may include on-site or off-site restoration of ecological functions to compensate for localized degradation. Non-Water Oriented Use: A use which does not require or depend on a location on or near the waterfront, and which is neither a water-dependent, water-related, or water- enjoyment use as defined herein. Ordinary High Water Mark (OHWM): The mark on all lakes, streams, and tidal waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department (WAC 173-22-030).Provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be 27 the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (RCW 90.58.030) Photic Zone: The upper layer of a body of water delineated by the depth to which enough sunlight can penetrate to permit photosynthesis. Pier: A fixed, pile-supported structures extending over the water. Primary Structure: Any permanent building, road, bridge or utility requiring a permit or approval which is necessary to support the primary use of a site. Public Access, Limited (physical or visual): Access with restrictions that are deemed necessary to protect the health, safety or welfare of the public OR to protect and maintain a particular site. Restrictions may limit times of use, or allow access only to certain users. [A limitation to restrict access may not be based on race, sex, color, creed, age or physical disability.] For example, such restrictions may limit public use to daylight hours, limit use to residents of a private community, or restrict use of tidelands used for shellfish production. Public Access, Physical: Unobstructed access with public use improvements which are available to the general public extending from the public right-of-way to the OHWM or to the wetland directly abutting the OHWM. This includes access to the navigable waters of any water body and to tidelands in marine waters. Public Access, Visual: Access with public use improvements available to the general public which provide a view of the shoreline or water but do not allow physical public access to the shoreline. Qualified Professional: A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and five (5) years of related work experience. (a) A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species, and meet the requirements set forth in BMC 20.14.360. (b) A qualified professional for a geological hazard must be a professional civil or geotechnical engineer with experience in the field, or geologist, licensed in the State of Washington. (c) A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments, and meets the requirements set forth in BMC 20.14.450. RCW: Revised Code of Washington. Reach: A longshore segment of a shoreline where influences and impacts, such as wind direction, wave energy, littoral transport, etc. mutually interact. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goals of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influences to a wetland. 28 Restore, Restoration, or ecological restoration: The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to re-vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. Sea Level Rise: An increase in the elevation of marine waters associated with changes in the state of the climate which can be identified by changes in the mean and/or variability of its properties and that persists for decades or longer. Setback: For the purposes of this chapter, the setback is the horizontal distance required between the finished exterior wall of a structure and the buffer line. Setbacks are further defined in BMC 20.42 Shall: A mandate; the action is required. Should: A particular action that is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this program against taking the action. Shorelands or Shoreland Areas: Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the Ordinary High Water Mark; floodways and contiguous floodplain areas landward two hundred feed from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. Shoreline jurisdiction: All shorelines of the state and shorelands as defined in RCW 90.58.030; in Bremerton this includes shorelands and water bodies waterward of OHWM out to the middle of Sinclair Inlet and Port Orchard Bay, all of Port Washington Narrows, Ostrich Bay, Oyster Bay, Phinney Bay and Mud Bay, the portion of Kitsap Lake within the Bremerton City limits, Union Reservoir, Twin Lakes, one mile of Gorst Creek and one mile of Union River. Shoreline Environment Designations: The categories of shorelines established by the City’s Master Program in order to provide a uniform basis for applying policies and use regulations within physically distinct shoreline areas. The City’s Shoreline Master Program classifies shorelines into the following environment designations: Aquatic, aquatic conservancy, commercial, downtown waterfront, industrial, isolated, multi-family residential, recreation, single family residential and urban conservancy. Shoreline Master Program: The general term for shoreline comprehensive plans and regulations prepared under the jurisdiction of the Shoreline Management Act. Shoreline Permit: A Substantial Development, conditional use, revision, or variance permit or any combination thereof. [WAC 173-27-13) Shorelines: All of the water areas of the State, including reservoirs and their associated wetlands, together with the lands underlying them, except: (a) Shorelines of state-wide significance (sub-tidal Puget Sound); (b) Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less, and the wetlands associated with such upstream 29 segments; and (c) Shorelines on lakes less than twenty (20) acres in size, and wetlands associated with such small lakes. Shorelines of Statewide Significance: Shorelines designated by the State of Washington that are major resources from which all people in the state derive benefit. Shoreline areas in the City that are designated as shorelines of statewide significance are portions of the Puget Sound adjacent to the city limits. Shoreline Substantial Development: Any development of which the total cost, or fair market value, whichever is higher, exceeds $7,047 or as adjusted for inflation every five (5) years by the Office of Financial Management (WAC 173-27-040), or any development which materially interferes with the normal public use of the water or shorelines of the state. State Master Program: The cumulative total of all Shoreline Master Programs approved or adopted by the Department of Ecology. Structure: A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. (WAC 173-27-030). Tender Dock: A dock structure whose purpose is to provide temporary moorage to a small watercraft used to access an offshore location, such as a mooring buoy. Tidelands: Land on the shore of marine water bodies between the line of ordinary high tide and the line of extreme low tide. Topography, Natural or Existing: The surface including the relief and position of natural or manmade features of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. Upland: Generally the area above and landward of the Ordinary High Water Mark. Variance: A permit for the limited purposes of granting relief to specific bulk, dimensional, or performance standards set forth in the City’s Shoreline Master Program. Vessel: A ship, boat, barge, or any other floating craft which is designed and used for navigation and does not interfere with the normal public use of the water. WAC: Washington Administrative Code. Water Dependent Use: A use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include cargo terminal loading areas, ferry and passenger terminals, marinas, and sewer outfalls. Water-Related Use: A use or portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, or log storage. (Also see Non-water-oriented Use.) Water-Enjoyment Use: A recreational use such as a park, pier, or other use facilitating public access as a primary character of the use; or, a use that provides for passive and active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use and which, through location, design and 30 operation, assure the public's ability to interact with the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the shoreline oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline interaction. Water-enjoyment uses include, but are not limited to restaurants, museums, and mixed-use commercial, provided that such use conforms to the above requirements and the provisions of the Master Program. Water Oriented Use: Any combination of water dependent, water related, and/or water enjoyment uses. Non-water oriented serves to describe those uses which have little or no relationship to the shoreline. Examples of non-water oriented uses include professional office, automobile sales or repair shops, mini storage facilities, multifamily residential development, department stores, and gas stations. Will: Used to express a command and or an inevitability. 31 Chapter 4 – Shoreline Maps and Designations 4.010 – Intent 4.020 – Maps 4.030 – Designations 4.040 – Shorelines of Statewide Significance 4.010 Intent: City shorelines are classified into specific environment designations. These designations are based on existing physical, biological and development characteristics of the shorelines. These are separate from the Comprehensive Plan and the Zoning code in Title 20. Properties within any shoreline designation are required to comply with all applicable standards including provisions from both the more general zoning regulations and the shoreline specific requirements of the Shoreline Master Program. The local Shoreline Master Program is a function of the Shoreline Management Act, which represents statewide concerns and protects the rights of the people of the State of Washington. Therefore, in the case of a discrepancy between the local Comprehensive Plan, Zoning code or other development standard and the Shoreline Master Program, the Shoreline Master Program shall take precedence. 4.020 Maps: The following maps are the official maps of the Shoreline Master Program depicting shorelines of the state. Several other public mapping resources are also available, such as Washington State Department of Ecology Shoreline Mapping, Washington State Department of Fish & Wildlife Priority Habitats and Species Mapping, and National Oceanic & Atmospheric Administration (NOAA) Mapping Tools providing information on topics like pocket estuaries, coastal flooding, and other topics. The following includes shorelands and water bodies waterward of OHWM out to the middle of Sinclair Inlet and Port Orchard Bay, all of Port Washington Narrows, Ostrich Bay, Oyster Bay, Phinney Bay and Mud Bay, the portion of Kitsap Lake within the Bremerton City limits, Union Reservoir, Twin Lakes, one mile of Gorst Creek and one mile of Union River. 45 4.030 Designations: Shoreline designations are listed in alphabetical order. (a) Aquatic Purpose: The Aquatic designation is intended to protect, restore, and manage the unique characteristics and resources of the areas waterward of the Ordinary High Water Mark. This designation applies to those area waterward of the Ordinary High Water Mark of all shorelines of the state, (which may include; streams, marine water bodies, and lakes) together with their underlying lands and their water column, other than those lands designated Aquatic Conservancy. This environment does not include associated wetlands and other shorelands shoreward of the Ordinary High Water Mark. Policies: The following management policies should apply to all shorelines in the Aquatic environment: (1) Allowed uses are those within the adjacent upland shoreline designation limited to water dependent use or public access. (2) New uses and over water structures should be allowed only for water dependent uses, public access, or ecological restoration and only when no net loss of ecological functions will result. (3) The size of new over water structures should be limited to the minimum necessary to support the structures intended use. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over water facilities is encouraged. (4) All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. (5) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality, minimize alteration of natural conditions and processes, and result in no net loss of ecological functions. (6) Uses and modification of public aquatic land should incorporate public access and ecological enhancement, except where inconsistent with the operation of water dependent uses. (7) Fish and wildlife resource enhancement, including aquaculture related to fish propagation should be allowed and encouraged. (b) Aquatic Conservancy Purpose: The Aquatic Conservancy designation is intended to preserve marine tidelands and waters whose existing natural state is relatively free of human influence, or whose resources, biological diversity, or other features are particularly sensitive to human activity. The Aquatic Conservancy designation should be applied to those areas of marine water bodies, waterward of the Ordinary High Water Mark such as tidal lagoons, salt marshes and mudflats, as well as marine vegetation areas that support a significant community of kelp, eelgrass and/or other vegetation that provides special marine habitat value. 46 Policies: The following management policies should apply to all shorelines in the Aquatic Conservancy designation: (1) Uses and activities which would potentially degrade or significantly alter the natural character of the shoreline should be severely restricted or prohibited. (2) Access should be limited to scientific, historical, educational, and low intensity recreational purposes, provided that no significant, adverse impact on the areas will result. (3) Physical alterations should be considered only when they serve to protect significant, unique, or highly valued features which might otherwise be degraded or destroyed. (4) Uses and activities adjacent to shorelines designated Aquatic Conservancy should be compatible with and not compromise the integrity of the Aquatic Conservancy environment. (5) Native vegetation zones should be preserved, enhanced or established to protect the functions and characteristics of the areas. (c) Commercial Purpose: This Commercial designation is intended to accommodate high intensity business districts, light industry, and various commercial operations located in the shoreline jurisdiction. The designation is suitable for existing and future high intensity water oriented uses and water oriented commercial uses. The designation encourages commercial development that could enhance visual and physical public access to the shoreline. A primary goal is to provide a setting for commercial operations that will be of economic benefit while protecting and/or restoring ecological functions in areas that have been previously degraded. Policies: The following management policies should apply to all shorelines in the Commercial environment: (1) Priority should be given to water dependent uses. Second priority should be given to water related and water enjoyment uses. Non-water oriented uses should not be allowed except in limited situations where they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline and where public access and ecological restoration are provided. (2) Policies and regulations should assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development shall include environmental cleanup and restoration of the shoreline in accordance with any relevant State and Federal laws. (3) Visual and/or physical public access should be required as a condition of development. (4) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. (d) Downtown Waterfront Purpose: The Downtown Waterfront designation is a commercial designation for the downtown shoreline area that is subject to the Downtown Sub Area Plan. The intent of this designation is to encourage development of the downtown waterfront into a vital, attractive water-oriented area that maximizes opportunities for large numbers of people to 47 interact passively and actively with the shoreline for leisure and enjoyment uses. The designation provides for an array of uses related to the water, multimodal transportation facilities, residential, mixed uses, increased building height, and pedestrian orientation, while maintaining view corridors and encouraging public access to the water. Policies: The following management policies should apply to all shorelines in the Downtown Waterfront environment: (1) First priority should be given to water dependent uses. Second priority should be given to water related and water enjoyment uses. Non-water-oriented uses should be permitted only when they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline and where public access and ecological restoration are provided. (2) Policies and regulations should assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development should include environmental cleanup and restoration of the shoreline in accordance with any relevant State and Federal laws. (3) Visual and/or physical public access should be required as a condition of development. (4) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. (e) Industrial Purpose: This Industrial designation is intended to provide for efficient utilization of suitable shoreline areas for water dependent commerce and industry consistent with the Shoreline Management Act. The Industrial designation is appropriate for high intensity uses related to manufacturing, transportation, or navigation, or suitable and planned for high intensity water-oriented uses. Policies: The following management policies should apply to all shorelines in the Industrial environment: (1) Priority should be given to water dependent industrial uses. Second priority should be given to water related and water enjoyment uses. Non-water-oriented uses should not be allowed except in limited situations where they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline and where public access and ecological restoration are provided. (2) Policies and regulations should assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development should include environmental cleanup and restoration of the shoreline in accordance with any relevant State and Federal laws. (3) Visual and/or physical public access should be required as a condition of development. (4) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development locations, screening and architectural standards, and maintenance of natural vegetative buffers. 48 (f) Isolated Purpose: The objective of the Isolated designation is to recognize that there are areas that are within 200 feet of the shoreline, but are isolated from the shoreline by intervening elements such as roads. In these areas the development standards outlined in the SMP, such as buffers, are not appropriate. This designation is appropriate for lands that are inherently isolated from the shoreline, however should the obstruction be removed so that the area is no longer isolated, the designation of Isolated should also be removed. Policies: In these specific areas, the development standards of the SMP shall not be applied; however mandatory permit requirements of the Shoreline Management Act do apply. It is the intent that this area will be governed by underlying provisions of the zoning code, Critical Area Ordinance, Subdivision standards and stormwater requirements. Local, State and Federal regulations are applicable. (g) Multi-Family Residential Purpose: This Multi-Family Residential designation is intended for areas which are currently primarily multi-family residential or intended for multi-family residential use. These areas are to maintain existing character in terms of open space, bulk, scale, and intensity of use within the guidelines of the zoning code. An additional purpose is to provide appropriate public access and recreational uses for public enjoyment. Policies: The following management policies should apply to all shorelines in the Multi- Family Residential environment: (1) Standards for density, minimum width, setbacks, building bulk, lot coverage, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality should be set to maintain no net loss of shoreline ecological functions. (2) New multi-family residential developments should provide public access and joint use community recreational facilities where appropriate. (3) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. (h) Recreation Purpose: The Recreation designation is intended to provide recreational and public access opportunities along Bremerton’s shorelines. It is an appropriate designation for areas occupied by recreational purposes such as parks and marinas. An additional purpose is to maintain and restore ecological functions to the area and preserve open space within the City. Policies: The following management policies should apply to all shorelines in the Recreation designation: (1) Both to the goal of recreational use and the goal of ecological stewardship ensuring no net loss of ecological function should be implemented in all development. (2) Development should be related primarily to expanding recreational opportunities in the area. These activities include but are not limited to boating, swimming, walking, hiking, and recreational sports. Priority should be given to those developments related to a water dependent activity such as swimming or boating. 49 (3) Recreational opportunities should be accessible to all demographic populations in the City. (4) Park management should encourage ecological stewardship as outlined in the Restoration Plan. This includes, but is not limited to such measures as setting picnic areas away from the water’s edge, planting and maintaining native vegetation buffers along the water, and making floodplain connections where feasible. (i) Single Family Low Density Residential Purpose: The Single Family Low Density Residential designation is intended for areas which are currently primarily single family Low Density residential, are planned, or are platted for single family Low Density residential use. These areas are to maintain existing character and be consistent with that character in terms of open space, bulk, scale, and intensity of use within the guidelines of the zoning code. An additional purpose is to provide appropriate public access and recreational uses for public enjoyment. Policies: The following management policies should apply to all shorelines in the Single Family Low Density Residential environment: (1) Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality should be set to maintain no net loss of shoreline ecological functions. (2) New single family Low Density residential developments should provide public access and joint use community recreational facilities where appropriate. (3) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. (j) Urban Conservancy Purpose: The Urban Conservancy designation is intended to protect and restore ecological functions of lands within the shoreline jurisdiction. These areas are identified as having biological or physical limitations or other unique or hazardous characteristics that are incompatible with intense development. Activities permitted in these areas are intended to have minimal adverse impacts upon the shoreline. These areas are not generally suitable for intensive water dependent uses. Policies: The following management polices apply to all shorelines in the Urban Conservancy environment: (1) Primary allowed uses and their associated development standards should preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands where they exist in urban and developed settings, either directly or over the long term. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. (2) Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the urban conservancy designation. These standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. 50 (3) Public access and public recreation objectives should be implemented whenever feasible and where significant ecological impacts can be mitigated. 4.040 Shorelines of Statewide Significance: Purpose: The Shoreline Management Act of 1971 designated certain shoreline areas as "Shorelines of Statewide Significance". These shorelines are important to the entire state because they are a major resource from which all people in the state derive benefit. This Master Program gives preference to uses which favor public and long-range goals. In the City of Bremerton, the portions of Puget Sound, lying seaward from the line of extreme low tide, are Shorelines of Statewide Significance. Accordingly, this Master Program shall give preference to uses which meet the principles outlined below in order of preference for these locations: (a) Recognize and protect the Statewide interest over local interest through the use of the following measures: (1) Solicit comments and opinions from groups and individuals representing statewide interests by circulating the Master Program, Master Program amendments and requests for Substantial Development permits on Shorelines of Statewide significance to state agencies, adjacent jurisdictions, and applicable interest groups. (2) Recognize and take into account state agencies' policies, programs, and recommendations in developing and administering use regulations. (b) Preserve the natural character of the shoreline through the following measures: (1) Designate and administer shoreline environments and use regulations to minimize manmade intrusions on shorelines; (2) Upgrade and redevelop those areas where intensive development already exists in order to reduce their adverse impact on the environment and to accommodate future growth, rather than allowing high intensity uses to extend into low intensity use or underdeveloped areas. (c) Ensure long-term over short-term benefits through the following measures: (1) Preserve the shorelines for future generations. For example, actions that would convert resources into irreversible uses or detrimentally alter natural conditions characteristic of shorelines of statewide significance should be severely limited; (2) Evaluate the short-term economic gain or convenience of developments in relationship to long-term and potentially costly impairments to the natural environment; (3) Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities or for the general enhancement of shoreline areas. (d) Protect the resources and ecology of the shorelines through the following measures: (1) Leave undeveloped those areas which contain a unique or fragile resource; (2) Prevent erosion and sedimentation that would alter the natural function of the water system. In areas where erosion and sediment control practices will not be effective, severely limit excavations or other activities which increase erosion; (3) Restrict public access onto areas which cannot be maintained in a natural condition under human uses. 51 (e) Increase public access to publicly owned areas of the shorelines through the following measures: (1) Preserve the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state consistent with the overall best interest of the people of the state; (2) Plan for a system of public access facilities that recognize exiting facilities, constraints, and opportunities. Identify appropriate public access provisions for specific shoreline reaches; (3) Improve pedestrian access to the shoreline through paths and trails to shoreline areas, linear access along the shorelines, and by developing connections to other trails and facilities; (4) Develop upland parking to serve public access areas where appropriate; (5) Design development to provide opportunities for public access compatible with other uses; (f) Increase recreational opportunities for the public on the shorelines through the following measures: (1) Plan for and encourage development of public facilities for recreational use of the shorelines; (2) Integrate water-dependent recreation uses wherever possible as part of multiple use of private shoreline development. 52 Chapter 5 - Permit Administration 5.010 – Applicability 5.020 – Permit Application Types 5.030 – Noticing Requirements 5.040 – Criteria of Approval 5.050 – Appeals 5.060 – Time Periods 5.070– Violations and Penalties 5.080 – Shoreline Moratorium 5.090 – Restoration Project Relocation of OHWM 5.100 – Special Procedures for WSDOT Projects 5.010 Applicability: (a) Liberal Construction: All regulations applied within the shoreline shall be liberally construed to give full effect to the objectives and purposes for which they have been enacted. Shoreline Master Program policies establish intent for the shoreline regulations in addition to RCW 90.58 and Chapter 173 of the Washington Administrative Code 173-26 and 173-27. (b) Burden of Proof: The applicants for any permit shall have the burden of proving that the proposed development is consistent with the criteria as set out in the Shoreline Management Act. (c) Development Permit Compliance: (1) For all development within shoreline jurisdiction, the responsible official shall not issue a development or construction permit or an exemption for such development until compliance with the Shoreline Master Program has been documented. If a Shoreline Substantial Development Permit is required, no permit shall be issued until all comment and appeal periods have expired. Any development permit for work within the shoreline jurisdiction (200’ from the OHWM) shall be subject to the same terms and conditions that apply to the shoreline permit. (d) Constitutional limitations: Regulation of private property to implement any Program goals, such as public access and protection of ecological functions, must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, property rights guaranteed by the United States Constitution and the Washington State Constitution, applicable federal and state case law, and state statutes, such as RCW 34.05.328 and 43.21C.060. (e) Agency coordination: The city will coordinate on issues relating to ecological conditions, functions and processes and on wetland and ordinary high water delineations with the Department of Ecology, the Department of Natural Resources, the Department of Fish and Wildlife, Suquamish Tribe, as well as other agencies with permit authority over a project to the extent that agencies are timely in their response and coordination does not interfere with meeting timelines for permit review. 53 (f) Compliance with other regulatory requirements: Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, , Hydraulic Permit Act (HPA) permits, U.S. Army Corps of Engineers Section 404 permits, Washington State Department of Ecology Water Quality Certification (Section 401) National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. (Ord. 1164 § 4, 2004). (g) Local review exceptions: Requirements to obtain a Substantial Development Permit, Conditional Use Permit, Variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following: (1) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. Periodic Review Checklist Guidance 6 September 2019 (2) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. (3) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a Substantial Development Permit, Conditional Use Permit, Variance, letter of exemption, or other local review. (4) Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. (5) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW. (h) Federal Jurisdiction: Areas and uses in those areas under exclusive federal jurisdiction and are established through federal or state statues are not subject to RCW 90.58. The Shoreline Management Act and Shoreline Master Program do not apply to Bremerton’s federal lands including, but not limited to the Naval Base Kitsap-Bremerton, Naval Hospital, Jackson Park Housing Complex, Camp McKean, and Puget Sound Naval Shipyard and Intermediate Maintenance Facility. (i) Permit Revisions: An application for a permit revision is required whenever the applicant proposes substantive changes to the design, terms, or conditions of a project that has an approved permit. The City may approve a revision, rather than requiring a separate shoreline permit provided the revision is within the scope and intent of the original permit, and is consistent with all applicable standards within the SMP and SMA. Should the revision be found to be within the scope and intent of the original permit the City may approve the revision and submit it to the Department of Ecology. Pursuant to WAC 173-27-100 “Within the scope and intent of the original permit” means all of the following: (1) No additional overwater construction is involved except that pier, dock or float 54 construction may be increased by five hundred square feet or ten percent (10%) from the provisions of the original permit, whichever is less: (2) Ground area coverage and height may be increased a maximum of ten percent (10%) from the provisions of the original permit; (3) The revised permit does not authorize development toe exceed height, lot coverage, setback, or any other requirements of the SMP except as authorized under a variance granted as the original permit or a part thereof; (4) Additional or revised landscaping is consistent with any conditions attached to the original permit and with the SMP; (5) The use authorized pursuant to the original permit is not changed; and (6) No adverse environmental impacts will be caused by the project revision. (j) Exemptions: A Shoreline Substantial Development Permit shall be required for all proposed use and development within the shoreline jurisdiction unless the proposal is specifically exempt from permit requirements pursuant to WAC 173-27-040, as amended The City issues exemptions for all work that does not meet the threshold for a shoreline permit to be required. The following list of exemptions is an exact copy from the WAC, and is located here as a courtesy to the reader. Any exemptions adopted subsequently by the legislature shall apply without amendment to this program. An exemption from a shoreline permit is not an exemption from compliance with the Act or the Shoreline Master Program, or from any other regulatory requirements. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the Shoreline Substantial Development Permit process. Exemptions are as follows: (1) Any development of which the total cost or fair market value, whichever is higher, does not exceed seven-thousand and forty-seven dollars , if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; (2) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those 55 usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development, including but not limited to its size, shape, configuration, location and external appearance, and the replacement does not cause substantial adverse effects to shoreline resources or environment; (3) Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Department of Fish and Wildlife. (4) Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency; (5) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on 56 shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; (6) Construction or modification of navigational aids such as channel markers and anchor buoys; (7) Construction on shorelands by an owner, lessee or contract purchaser of a single- family residence for their own use or for the use of their family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark; (8) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: (i) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (ii) In fresh waters the fair market value of the dock does not exceed: (A) Twenty-two thousand five hundred dollars ($22,500) for docks that are constructed to replace existing docks, are of equal or lesser square footage than the existing dock being replaced; or (B) Eleven thousand two hundred ($11,200) dollars for all other docks constructed in fresh waters. 57 (C) However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of this chapter. (iii) For purposes of this section salt water shall include the tidally influenced marine and estuarine water areas of the state including the Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia and Puget Sound and all bays and inlets associated with any of the above; (9) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands; (10) The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; (11) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; (12) Any project with a certification from the governor pursuant to chapter 80.50 RCW Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (i) The activity does not interfere with the normal public use of the surface; (ii) The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (iii) The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and(v) The activity is not subject to the permit requirements of RCW 90.58.550; (13) The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or Ecology jointly with other state agencies under chapter 43.21C RCW; 58 (14) Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. (i) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (A) A project that involves less than ten miles of stream reach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (B) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (C) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or in-stream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, developed or sponsored by the Department of Fish and Wildlife, Ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re- creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act; (15) Consistent with WAC 173-27-040, public or private project that is designed to improve fish or wildlife habitat or fish passage (including restoration of native kelp and eelgrass beds and restoring native oysters), that conforms to the provision of RCW 77.55.181. (16) The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the American with Disabilities Act of 1990 (42 U.S.C. 12101 et. seq.) or to otherwise provide physical access to the structure by individuals with disabilities. 59 5.020 Permit Application Types: (a) A permit for any action in shoreline jurisdiction not requiring a Shoreline Substantial Development Permit, Conditional Use Permit or Variance will be processed as a Type I permit pursuant to BMC 20.02, Chapter 90.58 RCW and Chapter 173-27 WAC. A Shoreline Exemption issued by the City is required for all such exempt activities. All uses and developments within the shoreline jurisdiction shall be carried out in a manner that is consistent with this Program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a permit, exemption, variance, or conditional use permit is required. The policies and provisions of chapter 90.58 RCW, including the permit system, shall apply statewide to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease, or easement, even though such lands may fall within the external boundaries of a federal ownership. (b) All permits shall be submitted to the Department of Community Development and shall comply with the submittal requirements of BMC 20.02. (c) A Shoreline Substantial Development Permit application shall be processed as a Type II permit pursuant BMC 20.02 and as otherwise required by Chapter 90.58 RCW and Chapter 173-27. Permits may be approved, approved with conditions or denied by the Director. (d) A Shoreline Conditional Use Permit shall be processed as either a Type II or Type III permit depending on project scope. Permits shall be processed pursuant to BMC 20.02 or as otherwise required by Chapter 90.58 RCW and Chapter 173-27 WAC. Permits may be approved, approved with conditions, or denied by the Director or Administrative Hearing Examiner respectively. (e) A Variance permit shall be processed as a Type III permit pursuant to BMC 20.02 and as otherwise required by Chapter 90.58 RCW and Chapter 173-27 WAC. Permits may be approved, approved with conditions, or denied by the Administrative Hearing Examiner. 5.030 Noticing Requirements: When a notice of application is required, the following shall apply: (a) Timeline: The notice shall be provided within fourteen (14) days after the determination of completeness is issued. (b) Content: The notice of application shall include the following: (1) The file number assigned; (2) The date of application, date of the notice of completeness, and the date of the notice of application; (3) A description of the proposed project action and a list of permits included with the application and, if applicable, a list of requested studies; (4) Identification of known permits not included with the application; (5) Identification of existing environmental documents that evaluate the proposal; (6) The location where the application and any studies can be reviewed; (7) A statement of the public comment period and which shall not be less than thirty (30) days; 60 (8) A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision and any appeal rights; (9) Any other information determined appropriate by the City. (c) Legal Notice: Notice shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class or higher mail to the following: (i) The applicant; (ii) Affected City Departments; (iii) State, federal, tribal, and local agencies with jurisdiction; (iv) For Type III Permits mailed notice shall also be sent to all property owners of real property (as shown by the records of the Kitsap County Assessor’s Office) within three hundred (300) feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three hundred (300) foot radius of the total ownership interest shall be notified; and (v) Any person who requests such notice in writing to the Department. (2) Posting of the Property: Notice shall be posted according to the following: (i) At least one (1) location on or adjacent to the subject property and that shall be clearly visible and legible from an adjacent street or public area; (ii) The Director shall determine the specifications to the construction and installation of the notice boards. (3) Publishing Notice: A published notice in the City’s official newspaper of general circulation within the City boundaries is required. The content shall include the following: (i) Project location; (ii) Project description; (iii)Type of permit(s) required; (iv)Comment period and dates; (v) Location where the complete application may be viewed. (d) Integration of Notices: The City will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determination and the scoping for a determination of significance whenever possible. (e) Issuance of Decisions: Except for a threshold determination, the City may not issue a decision or a recommendation on a permit until the expiration of the public comment period. (f) Public Comments: Comments shall be as specific as possible. Comments shall be received by the last day of the comment period specified in the notice. If no comments are received by the date specified it is presumed that those notified have no comments on City permits. 61 5.040 Criteria of Approval: (a) Shoreline Substantial Development Permits: (1) A Shoreline Substantial Development Permit shall be granted only when the development proposed is consistent with: (i) The policies and procedures of the Shoreline Management Act RCW 90.58; and the provisions of the Shoreline Guidelines WAC 173-26 and WAC 173- 27, and (ii) This Shoreline Master Program, as well as the Comprehensive Plan and Zoning Regulations, to the extent that they are consistent with the Shoreline Master Program. (2) The City may attach conditions to the approval of permits as necessary to assure consistency of the project with the act and this Shoreline Master Program. (3) Any ruling on an application for a Shoreline Substantial Development Permit under authority of this Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling to the applicant, be filed concurrently with Ecology and the Attorney General by the Director. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130 for shoreline substantial development permits, shoreline exemptions are not required to be filed with Ecology unless Environmental review is required. (b) Conditional Use Permits: (1) Conditional Use Permits are issued for proposed Substantial Development activities when the activity is classified as a Conditional Use or is an unlisted use in the Shoreline Use/ Activity Matrix (Table 20.16.690). The purpose of the Conditional Use Permit is to allow greater flexibility in the application of the Shoreline Master Program. Conditional Use Permits are processed as an Administrative Type II Director’s decision, but can at any point in the permit process be elevated to a Type III Hearing Examiner decision when the Director determines: (i) The use or project has a significant impact beyond the immediate site; (ii) The use or project is of a neighborhood or community wide interest; or (iii) The use or project is of a controversial nature. (2) Development activity considered a Conditional Use may be authorized if all WAC 173-27-160 criteria are met as follows: (i) The proposed use is consistent with RCW 90.58.020 and the policies of Bremerton's Shoreline Master Program; (ii) The proposed use will not interfere with the normal public use of public shorelines; (iii) The proposed use of the site and design are compatible with other permitted uses in the area; (iv) The proposed use will cause no net loss of ecological function to the shoreline environment; and (v) The public interest will not suffer a detrimental effect. 62 (vi) When considering the application, consideration must be given to the cumulative impact of additional requests for similar actions in the area. After the City makes a final decision on a Conditional Use Permit, the permit and application must be reviewed and approved by Ecology and the Attorney General. (c) Variance: Relief from specific bulk, dimensional or performance standards in the Shoreline Master Program can be granted only when there are extraordinary or unique circumstances relating to the property such that strict implementation of the Shoreline Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. (1) Development activities considered a Variance may be authorized if all of the criteria in WAC 173-27-170 are met. The criteria include: (i) The strict application of the bulk, dimensional, or performance standards would preclude or significantly interfere with the reasonable use of the property not otherwise prohibited by the Shoreline Master Program; (ii) The hardship is specifically related to the property, and is the result of unique conditions such as lot shape, size or natural features, and the application of the Shoreline Master Program; (iii) The project design is compatible with other permitted uses in the area, and will not cause adverse effects to adjacent properties or the shoreline environment; (iv) The Variance will not constitute a grant of special privilege, and is the minimum necessary to afford relief; (v) The public interest will suffer no substantial detrimental effect; and (vi) If the development is waterward of the ordinary high-water mark, the public rights of navigation and use of the shorelines will not be adversely affected. (2) After the City makes a final decision on a variance permit, the permit and application must be reviewed and approved by Ecology. 5.050 Appeals: (a) Applicability: Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may, except as otherwise provided in chapter 43.21B RCW, seek review from the Shorelines Hearings Board by filing a petition for review within twenty-one days of the decision as provided for in RCW 90.58.140(6). (b) Type II Decisions: Type II decisions on Shoreline Substantial Development Permits, Conditional Use Permits, and revisions to shoreline permits may be appealed to the Administrative Hearing Examiner pursuant to Chapter 20.02 BMC within fourteen (14) calendar days of the date of the decision, provided that the applicant agrees to this local appeal. In the case of a Conditional Use Permit the Director may request that Ecology delay action in the approval until the local appeal process has been completed. In lieu of an appeal to the Administrative Hearing Examiner, or in the case where the applicant does not agree to a local appeal, an appeal of the local 63 shoreline permit decision shall be heard by the Shorelines Hearings Board (SHB). Any person may file a Petition for Review to the SHB within twenty-one (21) calendar days of the date of filing of the decision with Ecology and the Attorney General pursuant to RCW 90.58.180(1). (c) Type III Decisions and Decisions on Appeals: Type III decisions, and decisions on appeal of Type II decisions may be appealed to the Shorelines Hearings Board by filing a Petition for Review within twenty-one (21) calendar days of the date of filing of the decision with Ecology and the Attorney General pursuant to RCW 90.58.180(1). (d) Ecology Approval: An appeal of a Conditional Use Permit or Variance by Ecology shall be filed with the Shoreline Hearings Board within twenty one (21) calendar days of notice of the Ecology Decision, pursuant to RCW 90.58.180(1). (e) Shoreline Master Program Adoption and Amendments. The decision of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Hearing Board per Chapter 36.70A RCW. 5.060 Time Periods: (a) Type II Permits: No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until 21 days from the date a Shoreline Substantial Development Permit was filed with Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the twenty one (21) days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. (b) Type III Permits or Type II Conditional Use Permits: No permits and construction shall begin or be authorized until 21 days from the date of notification of approval by Ecology, or until all review proceedings are completed as were initiated within the twenty one (21) days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. (c) Expiration: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143, construction activities, or a use or activity for which a permit has been granted pursuant to this Master Program, must be commenced within two (2) and completed within five (5) years of the effective date of a shoreline permit, or the shoreline permit shall terminate and a new permit shall be necessary. The Director may authorize a single extension for commencing activity and a single extension for completing the activity, neither to exceed one year based on reasonable factors if an extension request is filed with the City within thirty days of the permit expiry . A notice of the proposed extension shall be forwarded to parties of record and Ecology. (d) Extensions: A permit authorizing construction shall extend for a term of no more than five (5) years after the effective date of a shoreline permit, unless a longer period has been specified pursuant to RCW 90.58.143, or as authorized above. If an applicant files a request for an extension prior to expiration of the shoreline permit, the Director shall review the permit and upon a showing of good cause may 64 authorize a single extension of the shoreline permit for a period of up to one year. Otherwise said permit shall terminate. Notice of the proposed permit extension shall be given to parties of record and Ecology. To maintain the validity of a shoreline permit, it is the applicant’s responsibility to maintain valid construction permits in accordance with adopted Building Codes. (e) Reductions: If it is determined that standard time requirements of subsections c and d should not be applied, the Hearing Examiner, upon a finding of good cause, may establish shorter time limits, provided that as a part of action on a conditional use or variance permit the approval of Ecology shall be required. “Good cause” means that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted. (f) Timing: For purposes of determining the life of a shoreline permit, the effective date of a Shoreline Substantial Development Permit, shoreline conditional use permit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods do not include the time during which a use or activity was not actually pursued due to the pendency of appeals or legal actions, or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed. (g) Responsibility: It is the responsibility of the applicant to inform the director of other permit applications filed with agencies other than the City and of any related administrative or legal actions on any permit or approval. (h) If an appeal is filed, construction may not commence until disposition of the appeal unless otherwise established by the Shoreline Hearings Board pursuant to RCW 90.58.140(5)(b). 5.070 Violations and Penalties: (a) Any person who fails to conform to the terms of a Shoreline Substantial Development Permit, conditional use permit, variance or other permit issued under the Shoreline Master Program, or who undertakes a development or use on shorelines of the state without first obtaining a permit, or violates any other provision of the Shoreline Master Program, or who fails to comply with a cease and desist order or notice of violation issued under Chapter 1.04 BMC may be subject to enforcement and penalties as follows: (b) Any violation, as noted above, constitutes a civil violation under Chapter 1.04 BMC, as currently enacted or hereinafter amended, for which a monetary penalty may be assessed and enforcement may be required, as provided therein. (c) In addition to or as an alternative to any other penalty provided herein or by law, any person who commits a violation, as noted above, shall be guilty of a gross misdemeanor pursuant to RCW 90.58.220. (d) In lieu of or in addition to the above, the City may utilize the enforcement procedures and remedies, including requiring appropriate correction action, contained in WAC 173-27-240 through 173-27-300. (e) Any person subject to the regulatory program of this Master Program who 65 violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. If a suit is pursued the City Attorney shall bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the Court in its discretion may award attorney’s fees and costs of the suit to the prevailing party. 5.080 Shoreline Moratorium: The City Council may adopt moratoria or other interim official controls as necessary and appropriate to implement the provisions of the Shoreline Management Act as outlined in RCW 90.58.590. 5.090 Restoration Project Relocation of Ordinary High Water Mark: The City may grant relief from Shoreline Master Program development standards and use regulations when the following apply: (a) A shoreline restoration project causes, or would cause, a landward shift in the ordinary high water mark, resulting in the following: (1) Land that had not been regulated under this chapter prior to construction of the restoration project is brought under shoreline jurisdiction; or (2) Additional regulatory requirements apply due to a landward shift in required shoreline buffers or other regulations of the applicable Shoreline Master Program; and (3) Application of Shoreline Master Program regulations would preclude or interfere with use of the property permitted by local development regulations, thus presenting a hardship to the project proponent. (b) The proposed relief meets all of the following criteria: (1) The proposed relief is the minimum necessary to relieve the hardship; (2) After granting the proposed relief, there is net environmental benefit from the restoration project; (3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the Shoreline Master Program; and (4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under this section. (c) If approved by the city, the application for relief must be submitted to Ecology for written approval or disapproval. (1) This review must occur during Ecology's normal review of a shoreline 66 Substantial Development Permit, conditional use permit, or variance. If no such permit is required, then the department shall conduct its review when the local government provides a copy of a complete application and all supporting information necessary to conduct the review consistent with submittal and decision procedures of WAC 173-27-215. (2) Except as otherwise provided in subsection d of this section, Ecology shall provide at least 20-day notice to parties that have indicated interest to the department in reviewing applications for relief under this section, and post the notice on to their website. (3) The Department shall act within 30 calendar days of close of the Public Notice period, or within 30 days of receipt of the proposal from the local government if additional public notice is not required. (d) The public notice requirements of subsection c of this section do not apply if the relevant shoreline restoration project was included in a Shoreline Master Program or shoreline restoration plan as defined in WAC 173-26-201, as follows: The restoration plan has been approved by the department under applicable Shoreline Master Program guidelines; and the shoreline restoration project is specifically identified in the Shoreline Master Program or restoration plan or is located along a shoreline reach identified in the Shoreline Master Program or restoration plan as appropriate for granting relief from shoreline regulations; and the Shoreline Master Program or restoration plan includes policies addressing the nature of the relief and why, when, and how it would be applied. 5.100 Special Procedures for WSDOT projects (a) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the Legislature established a target of 90 days review time for local governments. (b) Optional process allowing construction to commence twenty-one days after date of filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation projects that address significant public safety risks may begin twenty-one days after the date of filing if all components of the project will achieve no net loss of shoreline ecological functions. 67 Chapter 6 - Nonconforming Provisions 6.010 – Intent 6.020 – Establishment of a Legal Nonconformity and Applicability 6.030 – Annexations 6.040 – Substantial Destruction 6.050 – Nonconforming Lots 6.060 – Nonconforming Structures 6.070 – Unlawful Uses and Structures 6.010 Intent: (a) To avoid undue hardship to property owners whose existing lots, structures, or uses were lawful at the time of their establishment, but are prohibited, regulated, or restricted under the Shoreline Master Program and Zoning Code. (b) To set forth conditions under which these nonconformities may continue to exist until such a time they are discontinued as prescribed by law. Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. 6.020 Establishment of a Legal Nonconformity and Applicability: (a) A party asserting the existence of a lawfully established nonconforming lot, use or structure has the burden of proof that the lot, use or structure was not substandard in meeting the requirements of the Shoreline Master Program or Zoning Code that were in effect at its creation. (b) The rules of this chapter are applied by first reviewing which provisions are applicable to the nonconformity. When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independently of the others. (c) Subject to the provisions of this Chapter, a use, lot, or structure lawfully existing prior to the effective date of this Shoreline Master Program or any amendment thereto, which is rendered nonconforming by this Shoreline Master Program may continue and may also be repaired, remodeled, and/or restored in the manner and to the extent that it existed upon the effective date of this Shoreline Master Program. 6.030 Annexation: (a) Lots, structures, uses of land, and structures that were legally in existence prior to annexation to the City, but that do not conform to the requirements of the Shoreline Master Program or Zoning Code following the date of annexation, shall become a legal nonconformity subject to the requirements of this chapter. 6.040 Substantial Destruction: (a) For the purpose of this chapter, "substantial destruction" means the repair or replacement of a building or structure which exceeds one of the following: (1) Seventy five percent (75%) of the assessed value of the structure as determined 68 by the Kitsap County Assessor. An appraised value may be substituted for the assessed value at the request of the applicant and at the Director’s discretion. (2) For accessory structures which are typically not assessed (such as decks, sheds, garages, bulkheads, docks, and retaining walls) and the value cannot be determined, substantial destruction will occur at the point that seventy five percent (75%) or more of the structure is replaced. This does not include in- water structures as they are addressed in SMP section 6.070(d) of the SMP. (3) For both 1 and 2 above, all repair and maintenance work conducted within a five (5) year period on the structure shall be included in the calculation. 6.050 Nonconforming Lots: (a) Continuation and Development: A nonconforming lot may be developed for any use allowed by the Shoreline Master Program and Zoning Code provided the development meets, through design or by an approved variance the applicable development standards within. (b) Illegal Lot Modifications or Split: The following is applicable to all lots: (1) No lot may be modified, divided or adjusted in a manner that would violate the dimensional or area requirements of the Shoreline Master Program or Zoning Code. (2) A government agency may lawfully modify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or purpose, or is allowed otherwise by law. 6.060 Nonconforming Uses: (a) Continuation: Any legally established nonconforming use may be continued until such time that it is discontinued as prescribed in subsection (d) or (e) of this section. (b) Change of Use: A structure or property containing a nonconforming use may be changed to the following: (1) A use that conforms to the requirements of the Shoreline Master Program and Zoning Code; or (2) Another nonconforming use; provided, that all of the following criteria are met: (i) A Shoreline Conditional Use Permit is approved pursuant to Chapter 5, and (ii) The existing nonconforming use was not discontinued as prescribed in subsection (d) or (e) of this section (see below under discontinuation / damage and destruction); and (iii) The new use is clearly a reduction in the nonconformity and intensity of the existing nonconforming use; and (iv) There is no net loss of ecological processes and functions resulting from the change in use. (c) Use Expansion: A nonconforming use may be expanded or enlarged only in the following circumstances: (1) If the existing nonconformity is not utilizing the entire structure, it may be 69 expanded to other portions of the structure provided the enlargement is within the existing physical space of the building or use and all of the following criteria are met: (i) There is no increase outside the building walls of noise, light and glare and other proximity impacts that may adversely affect adjacent uses or elements of the natural environment; and (ii) There is no net loss of ecological processes and functions resulting from the alteration; and (iii) The expansion or enlargement does not restore the structure from substantial destruction. (2) Residential dwellings may have the building area expanded if all of the following criteria are met: (i) The number of dwelling units is not increased; and (ii) There is no decrease in the number of off-street parking spaces below the minimum requirements of the current code and the addition complies with all applicable development standards; and (iii) There is no expansion into an area designated as a critical area or shoreline buffer or building setback; and (iv) There is no net loss of ecological processes and functions resulting from the expansion. (3) Acquisition of additional accessory off-street parking may be allowed provided the additional parking is not located in the shoreline buffer. (d) Discontinuation: A nonconforming use that is discontinued pursuant to the items below shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to all applicable development standards. (1) The nonconforming use is changed to a conforming use; or (2) Another nonconforming use is approved pursuant to subsection (b)(2) of this section; or (3) The nonconforming use has ceased for a period of more than twelve (12) consecutive months or for twelve (12) months during a two-year period. (4) Aquaculture occurring on nonconforming aquaculture sites is not considered discontinued until the use has ceased for a period of more than 5 years. (e) Damage or Destruction: If a structure containing a nonconforming use experiences substantial destruction, it shall constitute a discontinuation of the nonconforming use, except the nonconforming use may be allowed to continue under either of the following circumstances: (1) The structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) The nonconforming use is a detached or attached single-family dwelling 70 located in a zone in which they are prohibited. The use may be re-established provided a complete building permit application is filed within one (1) year of substantial destruction. (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained, if the work does not restore it from substantial destruction. 6.070 Nonconforming Structures: (a) Continuation: Any legally established nonconforming structure may be continued until such time that it experiences substantial destruction. If a structure experiences substantial destruction it shall constitute a discontinuation of the nonconforming structure and have its nonconforming status terminated. Any repair or reconstruction of the structure shall comply with the requirements of the Shoreline Master Program and the Zoning Code, except as follows: (1) The nonconforming structure may be allowed to be rebuilt within the same footprint and size if the structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner/parties of interest. A complete building permit application shall be filed within one (1) year. (b) Expansion: A nonconforming structure may be enlarged or extended, provided the enlargement complies with the applicable setback, height, lot coverage, and other site development requirements of the Shoreline Master Program and the Zoning Code, and provided that such work does not restore the structure from substantial destruction. Such expansions shall comply with the following: (1) Expansions, including expansion of structures meeting substantial destruction status as a result of an approved active building permit, located within the setback/buffer may be permitted provided: (i) Such expansion is located no further waterward than the existing foundation. In the case that no foundation exists, the expansion shall not exceed the existing building line. (ii) The expansion shall be limited to a footprint of two hundred and fifty (250) square feet. (iii) At least fifty percent (50%) of the required buffer shall be restored with natural vegetation per the requirements of SMP section 7.020; if the buffer is not currently characterized by a dense community of native vegetation. The Director may approve the natural vegetation as required in SMP section 7.020 of 50% of the distance between the structure and the shoreline. All proposed vegetation shall be located as close to the shoreline as possible. (iv) Natural vegetation to be planted must comply with the requirements for vegetation management plans as established in SMP section 7.020 for the portion of the buffer to be planted. (v) There is no net loss of ecological processes and functions resulting from the alteration. (vi) These expansion provisions do not apply to overwater homes, including but not limited to floating homes and floating on-water residences. 71 (c) Repair and Maintenance: Normal repair and maintenance of a nonconforming structure and vacant nonconforming structures which are not vacant for twelve (12) consecutive months or a total of twelve (12) months during a two-year period, may be performed that maintains continued safe and sanitary conditions, provided such work does not restore the structure from substantial destruction as defined above in SMP section 6.040. (d) Repair and Maintenance of in-water structures: (1) When repairing and maintaining in-water structures, each component type (decking, pilings, or structural members) shall be reviewed independently for compliance with the “substantial destruction” criteria, as the replacement of each component must comply with current regulations when replacing more than 75% of that component. For example, the replacement of more than 75% of the decking on a dock requires that the new decking material provide light penetration as outlined in SMP section 8.060. (2) The use of creosote, arsenic and pentachlorophenol treated materials commonly used for in-water structures shall be prohibited. All new or replaced boards, piers, structural members etc. must comply with this prohibition regardless of the total percent of the structure being replaced, due to the long term impacts to water quality. 6.080 Unlawful Uses and Structures: (a) Nothing in this chapter shall be interpreted to be authorization for, or approval of, the continuation of the use of a structure that is in violation of any ordinance in effect at the time of the passage of the ordinance codified in this chapter. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and/or structure. (b) Any use, structure or lot which did not comply with the all applicable development standards at the time it was established or constructed and does not comply with the current development standards is illegal and shall be brought into compliance with all applicable development standards. 72 Chapter 7 – General Standards and Regulations 7.010 – Buffers and Setbacks 7.020 – Vegetation Conservation 7.030 – Mitigation Sequencing for No Net Loss of Habitat Function 7.040 – Public Access 7.050 – Water Quality, Stormwater, and Non-Point Pollution 7.060 – Archaeologically Sensitive Areas 7.070 – Lighting Requirements 7.080 – Parking Requirements 7.090 – Use and Modifications Matrix and Height Table 7.010 Buffers and Setbacks: Upland areas adjacent to the shoreline perform essential functions necessary to sustain habitat and ecological processes. It is for this reason that development must be set back from the water’s edge and that natural buffers must be created and or preserved. The City currently regulates such areas through the Critical Areas Ordinance (Ordinance 4965 codified in BMC 20.14), however in areas regulated by this document within the shoreline jurisdiction, the following regulations will supersede those within the Critical Area Regulations: (a) Critical Area Ordinance Applicability: Critical Areas that are within the shoreline jurisdiction are regulated by the Critical Areas Regulations, (Ord. XXXX Section X (Exh X) (part), 2020), codified under BMC 20.14 which is herein incorporated into this SMP however, the following sections of the Critical Area Ordinance do not apply: • BMC 20.14.130 Administration and Procedures; • BMC 20.14.140 Appeals; • BMC 20.14.145 Exemptions; • BMC 20.14.150 Public Agency Exception; • BMC 20.14.155 Reasonable Use Exception; • BMC 20.14.160 Nonconforming uses/structures; • BMC 20.14.330(f) Category III and IV Wetlands; • BMC 20.14.330(g) Category IV Wetlands; and • BMC 20.14.730(d)(5) Buffer Reductions (b) Shoreline Buffers and Setbacks: (1) The following table (Figure 7.010 (a)) defines required shoreline buffers and setbacks for Type S waters. Buffers and setbacks for all other non-shoreline waters (Type F, Type Np, and Type Ns) are defined in BMC 20.14.730(d), Table 1. 73 Figure 7.010 (a): Shoreline Buffers and Setbacks DESIGNATION Standard Shoreline Buffer Width Minimum Building Setback URBAN CONSERVANCY 175 feet 15 feet beyond buffer SINGLE-FAMILYLOW DENSITY & MULTI-FAMILY RESIDENTIAL Lot depth less than 125’ 20% of lot depth (Minimum of 10 feet) 5 feet beyond buffer Lot depth 125’ to 199’ 20% of lot depth 10 feet beyond buffer Lot depth greater than 200’ 30% of lot depth (Maximum of 100’) 15 feet beyond buffer RECREATIONAL 100 feet 15 feet beyond buffer COMMERCIAL/ INDUSTRIAL/ DOWNTOWN WATERFRONT 50 feet 15 feet beyond buffer ISOLATED None None The following additional notes apply to all designations unless specifically listed: 1. Where parallel designations exist, the buffer for the waterward designation shall not apply to the landward designation. The buffer for the landward designation would be measured from the OHWM. 2. Where lot depth is less than 150 feet on lots within the Commercial or Recreational designations, the buffers listed above may be reduced to 20% of the lot depth, but in no case less than 10’, with an approved Habitat Management Plan per subsection (5) below. 3. In no case shall a buffer be less than 10’ or greater than 100’ in the Shoreline Residential Designation under shoreline buffer reduction options per subsection (6) below and listed in Figure 7.010(b) 4. Buffers are measured from the Ordinary High Water Mark (OHWM). 5. The standard buffers may be reduced by averaging the existing development setbacks on neighboring properties per subsection (6) below. 6. Water-dependent uses do not require shoreline buffers. Apply mitigation sequencing to avoid and minimize adverse impacts during development siting. (2) Buffers and Associated Building Setback Areas: Buffers shall remain undisturbed natural beach or vegetation areas except where the buffer can be enhanced to improve its functional attributes, as approved by the Department. Buffers shall be maintained along the perimeter of the shoreline, as outlined in the table above. Refuse, garbage, or debris shall not be placed in the buffers or on the beach. (3) Interrupted buffer: When a buffer contains an existing legally established public or private road, the Director may allow development on the landward side of the road provided that the development will not have a detrimental impact to the shoreline. The applicant may be required to provide a report to describe the potential impacts. In determining whether a report is necessary, the City shall consider the extent and permanence of the buffer interruption and potential impact on shoreline ecological functions. 74 (4) Determining Lot Depth: Areas inundated with water are not included in the calculation for lot depth, therefore the measurement may be taken from the OHWM. For lots with varying lot depth, the average depth may be used. (5) Habitat Management Plans: Within shoreline jurisdiction, the requirements for a Habitat Management Plan as provided in BMC 20.14.730(e) and depicted within Table 2: Wildlife Habitat Conservation Areas shall be required to justify a reduction in the width of a standard shoreline buffer provided enhancement features are installed that will provide a greater habitat function than the prescribed buffer would. (6) Setback and Buffer Reduction: The Director may grant modifications to the standard shoreline buffer and setbacks required provided: (i) The nearest adjacent like structure on either side of the subject property that are in the same shoreline designation are setback less than the standard buffer/setback required by the SMP. The average total setback of the like structures may be used as a reduced buffer for the proposal; (ii) In addition to the reduced buffer, a minimum of a 5’ building setback shall be required for the proposed structure; (iii) No new structure may have a reduced buffer of less than ten (10’) feet; (iv) A Vegetation Management Plan is prepared per SMP section 7.020 and includes a native community of vegetation on the waterward twenty five percent (25%) of the reduced buffer width, with a minimum required width of ten feet (10’); (v) One or more shoreline buffer reduction mitigation options included in Figure 7.010 (b) must be implemented, unless demonstrated infeasible or not applicable; Figure 7.010 (b): Shoreline Buffer Reduction Mitigation Options Shoreline Buffer Reduction Mitigation Options (i) Removal of at least 50 percent of an existing hard structural shoreline stabilization measure and subsequent shoreline restoration to a natural or semi-natural state. (ii) Setting back at least 50 percent of an existing bulkhead a minimum of 10 horizontal feet based on feasibility of existing conditions and sloped a maximum three (3) vertical: one (1) horizontal to provide a dissipation of wave energy. (iii) Removal of creosote piling (iv) Installation of biofiltration/infiltration mechanisms in lieu of piped discharge, such as mechanisms that infiltrate or disperse surface water on the surface of the subject property. These mechanisms shall be sized to store a minimum of 70 percent of the annual volume of runoff water from the subject property, for sites with poor soils, or 99 percent of the annual volume of runoff water from the subject property, for sites with well-draining soils. The mechanisms shall be designed to meet the requirements in the City’s current surface water design manual. (v) Removal of one or more overwater structures. (vi) Any alternative jointly agreed upon by the Director and the Washington Department of Fish & Wildlife 75 (7) Fences: Fences are allowed within shoreline buffers and setbacks according to the following conditions: (i) Fences to be erected in the side yard may be permitted within the buffer, subject to subsection (iv). (ii) Fences may also be erected upland of the buffer including within the shoreline setback area. (iii) General development standards for fences are located in BMC 20.46.020. Safety or hand rails may be erected in association with pedestrian access areas provided they do not function as a fence and comply with the International Building Code. (iv) A fence may be constructed within the outer half of the shoreline buffer when the fence has wildlife passable gaps or reductions to 42” in height every 100’ linear feet within the buffer. (c) (a) Exemptions: The following development activities are not subject to shoreline buffers and setbacks, provided they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions, and further provided that they comply with all the applicable regulations in BMC Title 20 and this Program: (2) Those portions of an approved water-oriented development that require a location waterward of the ordinary high water mark, and/or within their associated buffers and setbacks; (3) Development activities on lots that are physically and functionally separated from shoreline by an improved paved public or private road or railroad or similar facility and/or by one or more existing developed lots under separate ownership such that the ecological functions provided by buffers do not occur. This provision shall not apply to such a facility within a development proposal or contiguous ownership that can be feasibly relocated to accommodate buffers. (4) Underground utilities; (5) Modifications to existing development that are necessary to comply with environmental requirements of any agency when otherwise consistent with this Program, provided that the City determines that: (i) The facility cannot meet the dimensional standard and accomplish the purpose for which it is intended; and (ii) The facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible; and (iii) The modification is in conformance with the provisions for non-conforming development and uses. (6) Roads, railways, and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development uses are subject to development standards in SMP section 8.090. (7) Stairs, ADA ramps, and walkways no greater than 5 feet in width or 18 inches in height above grade, not including railings. (8) Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a property line shared in common by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility. (9) Water enjoyment elements associated with an approved upland use that result in less than fifty (50) square feet of development footprint within the buffer. 76 7.020 Vegetation Conservation: (a) Vegetation Management Plan: A plan shall be submitted for all new development and redevelopment within the shoreline jurisdiction. Development proposed exclusively outside the buffer must provide a site plan, to scale, documenting existing native vegetation within the buffer and Notice to Title provisions per SMP 7.020(a)(8) below to protect this existing native vegetation not deemed a noxious weed by Kitsap County. Development that is proposed within a shoreline buffer shall submit a Vegetation Management Plan that provides for enhancement of shoreline ecological functions and no net loss, in accordance with the following: (1) The plan shall preserve, enhance or establish native vegetation within the entire specified buffer. Unless otherwise specified, plans shall be prepared by a qualified professional and describe actions that will be implemented to ensure that buffer areas provide ecological functions equivalent to a naturally occurring native vegetation community on the shoreline. The Director may waive the requirement for a qualified professional for minor single-family development. (2) The plan shall depict planting of native trees, shrubs, and ground cover to a sufficient density to provide effective canopy cover and erosion control in the buffer. The Director may allow for the trees and shrubs to be positioned and spaced to allow for view preservation and a shoreline access trail. (3) The plan shall include a sheet depicting existing vegetation conditions, including quantities, species type, distribution, approximate height of native vegetation, tree diameter/driplines, general successional stage of vegetative cover, soil type, and any existing hazard trees. Said information shall be indicated and represented on a site plan drawn to scale and shall be reflected on an accompanying species and count matrix. (4) Identify existing vegetation to be removed as a result of the proposal, as well as any noxious vegetation onsite. See tree replacement standards per subsection (b)(3) below. (5) New evergreen trees shall be a minimum height of four (4) feet and new deciduous trees shall have a two (2) inch minimum caliper. Planting plans must include plant spacing no less than the following densities: eight (8) feet on center for deciduous trees, sixteen (16) feet on center for coniferous trees, and three (3) feet on center for shrubs. Shrubs shall be of at least four different varieties. (6) Methodology shall be identified for removal of noxious vegetation. The Director, as a condition of approval, may require the removal of all noxious species. (7) A financial surety (an assignment of funds or surety bond with no expiration date) shall be provided that accounts for 150% of the cost for improvements such as installation of plantings or other features identified in the plan. The Director may waive this requirement for single-family residential development where the cost of such improvements is less than five thousand ($5,000) dollars. The financial surety is intended to ensure implementation of a five year maintenance, performance and monitoring plan that ensures a survival rate of 100% for trees and 85% for all other vegetation. The five year period shall begin at the time the required native vegetation has been installed, and verified by a representative from the Department of Community Development. Monitoring shall consist of site inspection documentation and photographs taken by the applicant yearly indicating plant survival. The documents shall be submitted at the end of the 5 years to the City for release of the financial surety. 77 (i) Civil violations are not exempt from bonding requirements. (ii) Single-family proposals that do not request a buffer reduction or vegetation alteration in the buffer are not required to provide the financial surety. (iii) Failure to comply with a required plan shall result in a code violation. The City may not issue active permits or land use requests on the subject property. (8) Required vegetation shall be maintained over the life of the use and/or development. In order to ensure such maintenance, prior to permit issuance a recorded conservation easement or a Notice to Title shall be placed on the deed of the property identifying the buffer area and required plantings and remain in perpetuity. The Notice to Title shall be recorded with the Kitsap County Auditor's Office. (9) Removal of trees greater than 6 inches in diameter at four (4) feet in height shall be replaced at a ratio of 3:1 with native species and shall be re-established within any required buffer on the project site. (b) Existing Landscaping: (1) In the absence of a development proposal, existing landscaping and gardens within the buffer may be maintained in their existing condition including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and replacement planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this code. (2) Removal of or alteration of native vegetation within the shoreline jurisdiction is strictly prohibited unless such activity is required for a permitted use or is determined to be hazardous by a qualified professional. (3) Tree removal and replacement. Removal of trees greater than 6 inches in diameter at four (4) feet in height shall be replaced according to the following: (i) For trees removed within a shoreline buffer, replacement shall occur within the buffer on the project site at a ratio of 3:1 with native species. (ii) For new development located outside of the shoreline buffer, tree replacement shall occur onsite within shoreline jurisdiction at a 2:1 ratio with native species for all trees removed outside the proposed building footprint. (iii) For trees removed outside of the shoreline buffer which are not associated with a new development proposal, replacement shall occur onsite within shoreline jurisdiction at a 2:1 ratio with native species (iv) All replacement trees shall be a minimum of five-gallon or two-inch caliper in size at the time of planting. 7.030 Mitigation Sequencing for No Net Loss of Ecological Functions: (a) Shoreline use, development, and re-development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all developments and uses. Permitted uses shall be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment. Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected 78 include, but are not limited to, water flow; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. (b) Mitigation Requirement. If a proposed shoreline use or development is entirely addressed by specific, objective standards (such as, but not limited to, setback distances, structural dimensions, or materials requirements) contained in this Master Program, then the mitigation sequencing analysis described in subsection (c) is not required. In the following circumstances, the applicant must provide a mitigation sequencing analysis as described in subsection (c): (1) If a proposed shoreline use or development is addressed in any part by discretionary standards (such as standards requiring a particular action “if feasible”, requires the minimization of development size, or includes the reduction of a standard buffer) contained in this Master Program, then the mitigation sequencing analysis is required for the discretionary standard(s); or (2) When an action requires a Shoreline Conditional Use Permit or Shoreline Variance Permit; or (3) When specifically required by regulations contained in this Master Program; (c) When required, an application for permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: (1) Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action outside the shoreline area; (2) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts; (3) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment; (4) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action; (5) Compensating for the adverse impact by following the mitigation sequence outlined herein; (6) Monitoring the adverse impact and taking appropriate corrective measures. (d) Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Act, including demonstrating that all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. 79 7.040 Public Access: Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. (a) Applicability: Public Access shall be incorporated into a development in all of the following circumstances: (1) New development that will generate a demand for one or more forms of public access, (2) Water-dependent uses and developments that: (i) Increase public use of the shorelines and public aquatic lands, or (ii) Impair existing legal access opportunities, or (iii) Utilize public harbor or aquatic lands, or (iv) Are developed with public funding or other public resources. (3) Non-water-oriented commercial and industrial uses, (4) Non-single family development or use, or more than four (4) single-family residential lots or single-family dwelling units, including subdivision, within a proposal or a contiguously owned parcel, (5) Any development located on public aquatic lands, except as related to single- family residential use of the shoreline, (6) Publicly financed or subsidized flood control and shoreline stabilization facilities or measures. (b) Location and Design Criteria: Required public access shall incorporate the following location and design criteria: (1) Proximity to water’s edge: Design of public access shall provide the general public with opportunity to reach, touch, view, and enjoy the water's edge and shall be as close to the shoreline’s edge as feasible; provided that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecological functions. (2) Public access inside the buffer: Public access may be located inside the buffer provided the applicant demonstrates compliance with the mitigation sequencing requirements established above in SMP section 7.030. Walkways shall be buffered from sensitive ecological features and may provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing no taller than four (4) feet in height may be provided to control damage to plants and other sensitive ecological features where appropriate. Trails shall be constructed of permeable materials for example non-treated elevated wooden walkways and limited to six (6) feet in width. The Director may consider public access alternatives with an approved report demonstrating no net loss and adherence to the Public Access policies in SMP section 2.040. (3) Public access locations outside of buffers shall include: (i) Not less than ten (10) percent of the developed area within the shoreline jurisdiction or three thousand (3,000) square feet, whichever is greater. Water dependent uses are exempt from this requirement; and 80 (ii) Public access shall extend along the entire water frontage, unless such access will interfere with the functions of water-dependent uses. The minimum width of public access facilities shall be ten (10) feet and shall be constructed of materials consistent with the design of the development. (4) General Design Criteria: The entire public access area shall be: (i) Landscaped, preserving and enhancing native vegetation where feasible, and maintained by the property owner; (ii) Connected to a nearby public street, an adjacent existing public walkway, or a future walkway; and (iii) Compliant with the requirements of the American’s with Disabilities Act and other applicable standards for barrier free for the physically disabled, where feasible. (iv) The dedicated area shall generally be open to public access 24 hours a day unless specific exceptions are granted. If an exception is granted, access hours shall not be restricted from 10:00 a.m. to dusk (one-half hour after sunset) each day. Changes in access hours must meet the criteria of SMP section 7.040(c). (v) A submittal shall include specific design features of the walkway, landscaping, signs and other features as applicable. (5) Access Requirements for Overwater Structures: Public access is required on over- water structures that are located on public aquatic lands. Access shall include common use of walkway areas in accordance with all applicable requirements within this section. For instances triggering public access requirements, refer to applicability section 7.040(a). (c) Modification of Public Access: Public access requirements may be modified only when one or more of the following criteria are met: (1) Unavoidable health or safety hazards to the public will occur which cannot be prevented by any practical means; (2) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other reasonable solutions; (3) Unacceptable environmental harm will result from the public access that cannot be mitigated; (4) Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated; (5) Significant unavoidable environmental impacts will result from the public access. (6) Should any one of the abovementioned criteria impede the ability to provide public access the applicant must demonstrate that all reasonable alternatives have been pursued, including but not limited to: (i) Providing “limited public access” to protect specific identified features or limiting hours of use; (ii) Designing separation of uses and activities (e.g. terracing, use of one-way glazing, hedges, landscaping, etc.) to provide security for and protect adjacent sites from unreasonable intrusions into their privacy; and (iii) Providing for specific facilities for public visual access, including viewing platforms that may be physically separated from the water’s edge. Viewing platforms shall be utilized only if access adjacent to the water is not possible. 81 (d) Public Access Easements: Access easements are required for all developments requiring a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance and shall meet the following standards: (1) Size and Design: Public access easements along shorelines are to be waterward of the Ordinary High Water Mark (OHWM) to allow for improved lateral beach access and shall be a minimum of thirty (30) feet in width. (2) Easements: Public access easements should connect to the nearest right-of-way through an easement of no less than ten (10) feet. (3) Minimum Width Exception: When the applicant demonstrates that undue hardship would result from minimum width standards, easement width may be reduced only to the minimum extent necessary to relieve the hardship. (4) Recording: Public access easements and permit conditions shall be recorded on the deed of title. Recording with the Kitsap County Auditor's Office shall occur prior to permit approval. (5) Signs: The sign(s) that indicate the public's right of access and hours of access shall be constructed, installed and maintained by the property owner in conspicuous locations at public access sites and at the nearest connection to an off-site public right of way. These sign(s) shall identify the public right of access and hours of access. (6) Occupancy: Required public access sites shall be fully developed and available for public use prior to occupancy of the use or activity. (7) No diminution: Future actions by the applicant or other parties shall not diminish the usefulness or value of the public access provided. (e) View Corridor Requirements: View corridors shall apply to proposals within the shoreline environment for multi-family and commercial development between Evergreen Park and the Puget Sound Naval Shipyard and shall include the following: (1) View Corridors are applicable only on sites with over 100 feet in width as measured parallel to the shoreline. (2) The View Corridor shall be no less than 20% of the building site width for buildings equal to or less than 40 feet in height. (3) The View Corridor shall be no less than 30% of the building site width for buildings greater than 40 feet in height. (4) View Corridors may contain structures no higher than 10 feet and may include parking areas and landscaping, if topography permits. (5) The Director, at their discretion, may require the view corridor to remain in one continuous piece. 7.050 Water Quality, Stormwater, and Non-Point Pollution: (a) Development within the City’s shoreline shall conform to all requirements of the most current version of the Bremerton Stormwater Management Plan and the most current Stormwater Management Manual for Western Washington. 82 (b) The construction of new outfalls into water bodies and improvements to existing facilities shall comply with all appropriate Federal, State, and City regulations for water quality. (c) Pesticides applied using aerial spraying techniques within the shoreline jurisdiction, including over water bodies or wetlands, shall be prohibited unless specifically permitted under the Washington Departments of Agriculture and Ecology. 7.060 Archaeologically Sensitive Areas: (a) The City will work with tribal, state, federal, and other local governments as appropriate to identify significant cultural resources and local historical, cultural, and archaeological sites, in observance of applicable state and federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. For Shoreline Letters of Exemption, Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances, a minimum of 14 days notice will be provided to requesting Tribal entities. (b) Owners of property containing identified historical, cultural, or archaeological sites should coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, the Suquamish Tribe Archaeology and Historic Preservation program, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. (c) Upon receipt of an application for a development in an area of known cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, and the Suquamish Tribe Archaeology and Historic Preservation Program. (d) If historical, cultural, or archaeological materials, sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured and the find reported as soon as possible to the City. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and the Suquamish Tribe Archaeology and Historic Preservation Program. The reviewing official shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. 7.070 Lighting Requirements: (a) Development proposals requiring a permit within shorelines shall include a lighting plan that provides and or meets the following standards: (1) The location of all outdoor lighting and building security lighting and associated wattages; (2) Pole heights shall not exceed 20 feet in height; (3) Fixture designs for all outdoor lighting shall shield the source or bulb of the light; and (4) A Photometric plan is required and shall not exceed a strength of 1 foot-candle at the property lines or OHWM. 83 (b) Where lighting is required for new streets, driveways or public access features, the lowest level lighting possible shall be used. (c) The lighting plan is required with the permit application and shall be reviewed as a component of the shoreline permit. 7.080 Parking Requirements: (a) Parking as a primary or stand-alone use shall not be permitted within the shorelines jurisdiction of a property. (b) Parking shall not be located between shorelines and development unless no other location is feasible and it can be demonstrated that it will have no negative impact on ecological functions. (c) Parking facilities shall minimize the amount of impervious surface within the shoreline jurisdiction and should not disrupt planned public access or habitat restoration objectives. (d) Required parking for a permitted use on shorelines shall not be permitted between the development and the adjacent shoreline with the exception of parking that is required for water-dependent uses. Loading and unloading zones that are an inherent element of a water- dependent or a water-related use are allowed between the shoreline and the use area when it is adjacent to the shoreline but, when feasible, should not be adjacent to a required buffer. (e) Parking ratios for all uses within the shoreline shall follow BMC 20.48 parking standards. The applicant may provide a parking analysis that demonstrates the parking need for the use. This analysis shall include examples of other existing similar uses and how the parking demand has been met in those locations and/or in other jurisdiction. (f) When surface parking areas for permitted uses are designed and constructed, they shall achieve the following objectives: (1) Landscape screening around the perimeter and within the parking area to soften edges and break up large parking areas; (2) Implementation of Low Impact Development techniques for stormwater management; and (3) Located as far from a required shoreline or critical area buffer as possible. 7.090 Use and Modifications Matrix and Height Table: (a) Use and Modifications Matrix: Figure 7.090 (a) determines which shoreline modifications and shoreline uses are allowed or prohibited in each Shoreline Designation. (1) Except for the land uses prohibited in this table, land uses allowed in the underlying zoning are allowed in the Master Program, subject to the preference for water-oriented uses and subject to specific criteria for uses included in these regulations. This chart is not exhaustive of all uses addressed in the zoning code. When referring to unlisted uses, the code is referring neither to uses listed here nor in the zoning code. If a use is prohibited in the underlying zoning district, it is also prohibited within the shoreline. (2) Aquatic Uses are determined by the adjacent Designation and are limited to water- dependent uses and public access. (3) Land uses in the underlying zoning that require a Conditional Use Permit, require a 84 Shoreline Conditional Use Permit. (4) Land uses are defined in BMC 20.42 the definitions section of the zoning code. Shoreline activities are defined in the definitions section of this code. (5) A use located within the “Isolated” designation shall not be governed by the performance standards within SMP Chapter 7, General Standards and Regulations; Chapter 8, Shoreline Use Regulations, or Chapter 9 Shoreline Modifications, however the Director may determine the proposed development or use is clearly contrary to the intent of this program, and relevant elements of this program may be applied. Development and land use within this designation shall be governed by all other regulations of BMC Title 20 Land Use. The mandatory permit and procedural requirements of this program contained in Chapter 5, Permit Administration, shall apply to said development or uses. Figure 7.090 (a): Use and Modifications Matrix KEY: X= Prohibited P= Permitted CU= Conditional Use Urban Conservancy Single Family Low Density Residential Multi-Family Residential Recreation Commercial Downtown Waterfront Industrial Unlisted Uses: CU CU CU CU CU CU CU UPLAND USES Boat Sales, Storage and Repair X X X CU P P P Commercial uses such as but not limited to: general retail, general office, clinics, restaurants, drinking places, personal services, athletic fields, restaurants, community facilities, and entertainment uses. (See Zoning Code for specific allowed uses by zone) X X X X P P P Community, Cultural, Educational Facilities CU P P P P P X Golf Courses X CU CU X X X X Hotels and Lodging X X X X P P X Industrial X X X X X X P Worship and Religious Facilities X CU P CU P P X PARKING, TRANSPORTATION & UTILITIES Parking Serving Primary Use Within the Shoreline Jurisdiction P P P P P P P Parking Not Serving Primary Use Within the Shoreline Jurisdiction X X X X CU CU CU Transportation facilities that serve uses within the shoreline P P P P P P P Utilities that serve uses within the shoreline P P P P P P P 85 KEY: X= Prohibited P= Permitted CU= Conditional Use Urban Conservancy Single FamilyLow Density Residential Multi-Family Residential Recreation Commercial Downtown Waterfront Industrial RESIDENTIAL Adult Family Homes, Daycare, & Bed and Breakfasts CU P P X P P X Commercial/Residential mixed X X P1 X P1 X P P X Multi-Family Residential X X P P X P P X Single Family Residential P P P P P P X SHORELINE MODIFICATIONS (All uses must meet applicable code criteria see Ch. 9) Boat Launch CU CU CU CU CU CU CU Aquaculture (including commercial, non- commercial, and geoduck) CU X X CU CU CU CU Ecological Restoration / Enhancement P P P P P P P Docks, Piers and Other In-Water Structures P P P P P P P Dredging P P P P P P P Flood Hazard Reduction P P P P P P P Mooring Buoys P P P P P P P Marinas CU CU CU CU CU CU CU Stabilization - New and Replacement P P P P P P P Stormwater Management Facilities P P P P P P P RECREATION AND PUBLIC ACCESS Recreation, Non-Water-Oriented CU CU CU CU CU CU CU Recreation, Water-Oriented P P P P P P P Trails, public pedestrian and bicycle not including overwater trails P P P P P P P OUTRIGHTLY PROHIBITED USES Adult Entertainment X X X X X X X Agriculture X X X X X X X Automobile Sales Service & Repair X X X X X X X Table Note: 1- A ground floor commercial use may be permitted if it is a water dependent or water-oriented use (b) Height restrictions: Figure 7.090 (b) establishes the allowable height in each designation based on the type of use. All the applicable City standards still apply. In the event the provisions of this Program conflict with provisions of other regulations, the more restrictive shall prevail. Height measurement is defined in Chapter 3. 86 Figure 7.090 (b) Height Restrictions: ENVIRONMENT DESIGNATION HEIGHT Commercial 35 feet Downtown Waterfront* 175 feet Industrial 35 feet Multi-Family Residential 40 feet Over-Water Structures** (All Designations) 15 feet Recreation 35 feet Single Family Residential 30 -35 feet Urban Conservancy 25 feet Table Notes: The height limit is restricted to that portion of the building physically located within the shoreline jurisdiction * Heights in the Downtown Waterfront. Within the Mixed Use MFR 1 Waterfront Overlay Zone of the Downtown Subarea plan, maximum height shall be calculated from an average of the existing grade on Washington Avenue from the front property line of each parcel. ** Public Bridges. Height restrictions do not apply to public bridges; compliance with all other code provisions shall apply. (1) Heights in the Commercial, Industrial, and Multi-Family designations may be increased outright to the zoning district height limit pursuant to the following criteria: (i) The increase does not substantially block views from a substantial number of upland residential properties, per RCW 90.58.320. (ii) Greater height is demonstrated to be needed for an essential element of an allowed use. (iii) The project may be required to include compensating elements that substantially enhance the visual and physical public access to the shoreline. (iv) It is demonstrated that No Net Loss of habitat function will be achieved. (2) Single-Family Low Density Residential heights may be increased to 35’ with the employment of a pitched roof when: (i) The pitch of the roof is not less than 6:12 (ii)The pitched roof is oriented perpendicular to the shoreline. Minor gables or other roof features parallel to the shoreline may be permitted on a case by case basis provided such features do not extend past the pitched roof where views are intended to be preserved. (iii)The pitched roof covers the entire structure. (3) Exceptions: The following structures listed below may be erected above the height limits established in Figure 7.090 (b): (i) Cranes, gantries, mobile conveyors and similar equipment necessary for the functions of marinas, marine manufacturing, permitted commercial, industrial or port activities and servicing vehicles. (ii) Flagpoles or masts, transmission towers, chimneys, smokestacks, aerials or stairwells, when part of a permitted use. (iii) Belfries, monuments, spires or steeples, transmission towers, provided such structures must be designed to minimize obstruction of views. 87 Chapter 8 – Shoreline Use Regulations 8.010 – Intent 8.020 – Aquaculture 8.030 – Commercial Development 8.040 – Forest Practices 8.050 – Industrial Development 8.060 – Marinas and Boating Facilities 8.070 – Recreational Development 8.080 – Residential Development 8.090 – Roads, Railways, and Utilities 8.010 Intent: The policies and regulations within this chapter shall apply to the specific common uses and types of development to the extent they occur within the shoreline jurisdiction. These policies and regulations are intended to achieve no net loss of shoreline ecological function. Each use or development type includes a brief explanation and examples of the subject use, policies which are intended to guide and interpret the accompanying regulations, and then the regulations themselves. 8.020 Aquaculture: (a) Aquaculture shall not be located in areas where it would result in the net loss of ecological functions., especially in near-shore areas where water quality, aquatic vegetation and co-occupying species habitats and migration corridors could be impacted. (b) Aquaculture shall meet all applicable State and Federal requirements including, but not limited to: Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.48), local health codes and the applicable requirements of the Washington State Department of Fish and Wildlife for said facilities. (c) Aquaculture shall not be detrimental to visual access of the water body. Aquaculture shall not significantly impact the aesthetic qualities of the shoreline. (d) Aquaculture shall not significantly conflict with navigation. (e) The proponent shall demonstrate that the proposed location is suitable for aquaculture with little or no modification to the shoreline environment. Aquaculture shall not displace native plant or animal communities important to the food chain, particularly surf smelt spawning beaches, or areas important to the rearing of threatened or endangered species. (f) Aquaculture sites may be required to be separated from other aquaculture sites to prevent cumulative impacts upon shoreline processes. Appropriate separation shall be determined by the City in consultation with State and federal agencies, and tribal interests, based upon attributes such as water body characteristics, drift cell patterns, and upland development patterns. 88 (g) Harvest activities shall be conducted in a manner that minimizes turbidity and the risk of impacts to aquatic vegetation and the intertidal bed by complying with State water quality standards and permit requirements. If a State water quality permit is not required, harvest activities must utilize the following methods: (1) Where water pumps are used, they must be placed on floating rafts and shall only be temporarily anchored to ensure water depths that avoid grounding. (2) Pump intakes shall be screened to minimize the capture of marine organisms. (3) Harvest activities within fine-grained beaches that are susceptible to sediment transport may be required to utilize sediment containment methods such as fencing or cloth tubes. (h) The installation of submerged or intertidal structures, or over-water structures shall be allowed only when the applicant demonstrates that no alternative method of operation is feasible and must comply with the view protection requirements below in subsection (j). (i) Navigational access must be guaranteed for floating or submerged aquaculture structures. The applicant must provide evidence that the proposal will not interfere with general navigation lanes and traffic and that all structures remain shoreward of principal navigation channels. (j) View Protection: Aquaculture structures and equipment, EXCEPT navigation aids, shall be designed, operated, and maintained to blend into their surroundings through the use of appropriate colors and materials. (1) Over-water aquaculture structures shall be constructed of materials that blend in with the shoreline environment. (2) Storage of necessary tools and apparatus seaward of the OHWM shall be limited to containers of not more than three feet in height, as measured from the surface of the raft or dock; except as permitted through a variance. (3) Materials which are not necessary for the immediate and regular operation of the facility shall not be stored seaward of the OHWM. (4) The applicant shall submit a visual impact analysis assessing the aesthetic, light, and glare impacts on adjacent uses and may condition a project to mitigate impacts or may deny a project if adverse impacts cannot be feasibly mitigated. (k) Aquaculture development shall control nuisance factors, such as noise and odor, and shall comply with all applicable regulations. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. (l) Structures or activities associated with aquaculture that are not water-dependent, such as an office, shall be located upland, away from the shoreline and shall comply with all buffers and setback requirements. (m) Equipment, structures, and material shall not be abandoned in the shoreline or wetland area. The City may require that a bond be posted to help to ensure that this regulation is implemented. (n) All commercial aquaculture requires a Shoreline Conditional Use Permit. All new commercial geoduck aquaculture or conversions from existing non-geoduck aquaculture to geoduck aquaculture requires a Conditional Use Permit and will be 89 administered consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv). Included with the CUP application, a complete baseline description of existing conditions, including characteristics of the water, substrate, vegetation and aquatic species, shall be provided by the applicant. This analysis shall include a monitoring plan establishing how the proposal will not negatively impact existing ecological functions. (o) All aquaculture proposals shall comply with the public access requirements found in SMP section 7.040. (p) The applicant shall coordinate with the Suquamish Tribe regarding treaty rights to ensure the proposal does not negatively impact the tribes Usual and Accustomed areas. 8.030 Commercial Development: (a) Priority of uses shall be in the following order: Water-dependent uses, water-related uses, water-enjoyment uses, and non-water related uses. (b) Water-dependent commercial development shall not interfere with or compromise the operation of existing adjacent water-oriented development or decrease opportunities for the general public to access adjacent shorelines. (c) Water-related uses shall not be approved if they displace existing water-dependent uses and must comply with the following: (1) All water-related uses shall be reviewed to ensure that the use has a functional requirement for a waterfront location, or the use provides a necessary service supportive of the water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more convenient. (2) Allowed water-related commercial uses shall be evaluated in terms of whether the use facilitates a community wide interest, including increasing public access and public recreational opportunities in the shoreline. (d) Water-enjoyment uses may not be approved if they displace existing water-dependent or water-related use. The applicant must demonstrate that the use will provide for the public's ability to enjoy the physical and aesthetic qualities of the shoreline as a primary characteristic of the proposal and must include the following: (1) The water-enjoyment use must be open to the general public. (2) The shoreline-oriented space within the project must be devoted to specifically foster shoreline enjoyment for a substantial number of people. (3) Development within 100 feet of the OHWM that incorporates water-enjoyment use may not include non-water-oriented uses on the ground floor within 100’ of the OHWM. (e) Non-water-oriented uses can be located in the shoreline jurisdiction when: (1) The site is physically separated from the shoreline by another private property or a public right-of-way such that access for water-oriented use is precluded. Such conditions must be lawfully established prior to the effective date of this Program. (2) A site where navigability is severely limited. (3) The developable portion of the site is physically separated from the shoreline in such a way access is infeasible, or 90 (4) The use is part of a mixed-use project that includes water-dependent uses; and (5) In cases (2), (3 or (4) directly above, when the use provides significant public benefit with respect to the objectives of the Act by: (i) Restoring the ecological functions both in aquatic and upland environments that provide native vegetation buffers as specified in SMP section 7.010 and in accordance with the Restoration Element of this plan. (ii) The balance of the water frontage not devoted to ecological restoration and associated buffers shall be provided as public access where feasible. (f) All development shall provide opportunities for the public to access the shoreline adjacent to the subject use. Where public access has already been provided as part of a prior project or action, the said use shall be designed and constructed to be oriented towards the shoreline. (‘Oriented towards the shoreline’ means that the active space for customers and passersby is facing or directed towards the shoreline. Active space does not include service entries or load / unload areas.) Where physical access is unfeasible, visual access is required. (g) Parking shall be upland of the associated use whenever possible, and located, designed and screened so as to have minimum visual impact. (h) When parking or circulation elements must be located adjacent to the shoreline, they shall be designed to enable pedestrian access to and along the shoreline. (i) All development shall implement a range of Low Impact Development techniques as feasible to minimize the impacts on riparian, near-shore and upland areas. 8.040 Forest Practices: (a) A forest practice that only involves timber harvesting is not a development under the Act and does not require a substantial development permit or a shoreline exemption. A forest practice that includes activities other than timber cutting may be a development under the Act and may require a substantial development permit, as required by WAC 222-50-020. (b) Conversion of forested areas to urban development shall implement the mitigation sequencing as specified in SMP section 7.030. (c) Forest practices for the sole purpose of timber harvesting shall not be allowed in the shoreline jurisdiction, except within the City Watershed and City Utility Lands. (d) Any forest practice activity on shorelines of statewide significance shall comply with RCW 90.58.150. 8.050 Industrial Development: (a) Water-dependent and water-related industrial development shall not degrade the ecological function of the shorelines or disrupt existing or proposed public access amenities. (b) Water-dependent development shall not interfere with or compromise the operation of existing adjacent water-oriented development or decrease opportunities for the general public to access adjacent shorelines. (c) Industrial uses proposed over the water shall be limited to water-dependent uses, 91 limited to the smallest feasible dimensions and shall require a Conditional Use Permit. (d) Non-water-oriented uses may be located in the shoreline jurisdiction when: (1) The site is physically separated from the shoreline by another private property or a public right-of-way such that access for water-oriented use is precluded. Such conditions must be lawfully established prior to the effective date of this Program. (2) A site where navigability is severely limited. (3) The developable portion of the site is physically separated from the shoreline in such a way access is infeasible or (4) The use is part of a mixed-use project that includes water-dependent uses; and (5) In all cases (2), (3) and (4) directly above, when the use provides significant public benefit with respect to the objectives of the Act by: (i) Restoring the ecological functions both in aquatic and upland environments that provide native vegetation buffers as specified in SMP section 7.010 and in accordance with the Restoration Element of this plan. (ii) The balance of the water frontage not devoted to ecological restoration and associated buffers shall be provided as public access where feasible. (e) Water-dependent and water-related industrial uses shall provide public access to the shoreline per the standards in SMP section 7.040 provided said access does not compromise the integrity or operation of the use, does not threaten the safety and welfare of the general public, does not interfere with an existing adjacent use and does not compromise existing ecological functions. (1) If a property is a designated EPA Superfund site, it may be considered exempt from public access requirements. (f) Any type of industrial development on shorelines shall implement a range of Low Impact Development techniques to minimize the impacts on riparian and near-shore environments and upland areas. (g) Areas between industrial development and adjacent land uses and public access areas shall be located and landscaped so as to provide a transitional area as required for visual landscaped screening in BMC 20.50.050. (h) Ports with water-dependent and/or water-related uses shall also comply with the sections in this Master Program including, but not limited to: Transportation Facilities; Utilities; Water Access and Moorage Facilities. (i) Only water-dependent features shall be located on the shoreline within the buffer. All other features associated to an industrial use including, but not limited to waste treatment facilities, utilities, and transportation facilities not associated with water dependent elements of industrial shall be located as far away from the water's edge and recreational beaches as practical and must meet setbacks and buffers. (j) Outdoor storage is prohibited within shoreline jurisdiction, except by approval of a Shoreline Conditional Use permit. The applicant must demonstrate that the exterior storage is essential to the use and will not significantly impact shoreline views. (k) All proposed uses shall demonstrate that no spill or discharge to surface waters will 92 result. The application must include a specific program to contain and clean up spills or discharges of pollutants associated with the activity. (l) Offshore log storage shall be allowed only to serve a processing use and shall be located where: (1) Water depth is sufficient without dredging; and (2) Water circulation is adequate to disperse polluting wastes; and (3) Log storage will not provide habitat for salmonid predators. (m) If a property is designated an EPA Superfund Site, shoreline armoring may be utilized as a means to prevent chemicals from leaching into the waterbody. 8.060 Marinas and Boating Facilities: (a) Boating facilities shall be designed to provide opportunities for aquatic ecological functions to establish and succeed. In order to do so, boating facilities shall be designed and located in areas that are previously disturbed or where impacts to existing ecological function can be avoided or minimized. (b) Boating facilities should be managed consistent with the Department of Ecology document titled “Resource Manual for Pollution Prevention in Marinas,” May 1998, Revised August 2009, Publication #9811. (c) Dry upland boat storage is preferred rather than over-water facilities in order to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (1) No suitable upland locations exist for such facilities, or (2) It is demonstrated that wet moorage would result in fewer impacts to ecological functions, or (3) It is demonstrated that wet moorage would enhance public use of the shoreline. (d) New or expanded marinas shall be permitted only when the applicant has demonstrated that a specific need exists and there is not adequate supply in current facilities, permitted facilities, or facilities planned by public agencies, including Port Districts. Consideration of facilities shall include boat launching facilities and upland boat storage for smaller boats. (e) Marinas shall be permitted only on sites where it is demonstrated that: (1) That they will not result in a net loss of ecological functions and specifically will not interfere with natural geomorphic processes including delta formation, water quality; water circulation and flushing or adversely affect native and anadromous fish. (2) Shoreline armoring is not required. (3) Future dredging is not required to accommodate navigability. (4) Shallow water embayments with poor flushing action or areas with extensive tidelands should not be considered. (f) Breakwaters constructed for protection of boating facilities shall be designed to allow public access along the top, where feasible. Pile or floating breakwater designs shall be used unless the proponent demonstrates that there are specific safety considerations that warrant alternative approaches. A Conditional Use Permit shall be required for any boating facility that utilizes any construction other than piles or 93 floating breakwaters. (g) Accessory uses at boating facilities shall be limited to those which are water- dependent, necessary for operation, or which provide physical or visual shoreline access to substantial numbers of the general public. Accessory uses shall be consistent in scale and intensity with surrounding boating uses. (h) New covered moorage is prohibited. Removal of existing covered moorage may be required as a condition of expansion or reconstruction of existing boating facilities. (i) Extended moorage is restricted on waters of the State except as allowed by applicable State regulations and unless a lease or permission is obtained from the State. (j) Boating facilities shall be permitted only when it is demonstrated that: (1) A specific need exists and there is not adequate supply in current facilities, permitted facilities, or facilities planned by public agencies, including Port Districts. (2) They will not result in a net loss of ecological functions and specifically will not interfere with natural geomorphic processes including processes including erosion, transport, and deposition of materials, water quality and adverse impacts on aquatic species. Areas with extensive tidelands should not be considered (3) They are served by adequate access over a public road that will not adversely impact residential uses; shall provide adequate on-site parking, including trailer parking, to assure that parking spillover does not occur on adjacent streets and uses; and shall be served by adequate utilities and public facilities, including restrooms. (4) Over water facilities, such as docks, shall be limited to the size and configuration needed to serve the boat launch function. (k) Application Materials: The following must be adequately addressed with the permit application submittal for a boating facility: (1) Provide adequate onsite parking as provided in BMC 20.48 and SMP section 7.080. (2) Provide adequate Utilities, (3) Address existing adjacent water-oriented uses, ensure new structures will not impact such uses. (4) Provide documentation showing that the use will not impair block or introduce a hazard to existing or potential public access along beaches. (5) Ensure the use will not unreasonably impair shoreline views from upland residences and adjacent uses. (6) Include multiple uses such as dock fishing, boat lunching, and wet dry boat storage, and hand carry craft storage, as applicable for the boating facilities size and scope. (7) For marinas over forty (40) slips pump-out, holding, and waste treatment facilities and services shall be provided. (8) Provide public access as outlined in SMP section 7.040. A public access plan is 94 required and must address both visual and physical access and may be required to provide the following: (i) All marinas using public aquatic lands shall provide public access over at least twenty (20) percent of structures over aquatic lands, not including individual slips. (ii) Public restroom facilities shall be provided on marinas with more than 40 slips. (9) Address operational procedures for fuel handling and storage in order to minimize accidental spillage and to provide satisfactory means for handling spills that may occur. 8.070 Recreational Development: (a) Water-oriented recreation facilities shall be located and designed such that there is no net loss of shoreline ecological function. (b) Recreation activities are allowed when they do not displace water-dependent uses and are consistent with existing water-related and water-enjoyment uses. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, ecological study areas, and other recreational uses for the public in accordance with RCW 90.58.100(4). (c) Development of water-oriented recreation facilities shall comply with the mitigation sequencing specified in SMP section 7.030. (d) Development of recreation facilities shall implement, where applicable, the elements within the City of Bremerton Park, Recreation and Open Space Plan. (e) Recreational development shall be oriented towards the shoreline and shall provide the maximum possible amount of public access to the shoreline as follows: (1) Water-dependent recreation such as fishing, swimming, boating, and wading should be located on the shoreline. (2) Water-related recreation as picnicking, hiking, and walking should be located near the shoreline. (3) Non-water-related recreation facilities shall be located inland. Recreational facilities with large grass areas, such as golf courses and playing fields, and facilities with extensive impervious surfaces shall observe critical area buffers and vegetation conservation standards providing for native vegetation buffer areas along the shoreline. (f) New over-water structures for recreation use shall be allowed only when: (1) They allow opportunities for substantial numbers of people to enjoy the shorelines of the state. (2) They are not located in or adjacent to areas of exceptional ecological sensitivity, especially aquatic and wildlife habitat areas. (3) They are integrated with other public access features, particularly when they provide limited opportunities to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. (4) No net loss of ecological functions will be achieved. (5) The specific location and design is approved as a Shoreline Conditional Use. 95 (g) Location and design of recreation facilities shall meet the following criteria: (1) The development shall provide parking and other necessary facilities to handle the designed public use. (2) Accessory facilities, such as restrooms, recreational halls and gymnasiums, commercial services, access roads and parking areas, shall be set back from the OHWM and shall meet buffers unless it can be shown that such facilities are shoreline dependent. These areas may be linked to the shoreline by pedestrian walkways. (3) The development shall be located and designed to minimize detrimental impact on existing and planned use of nearby property. (4) The proposal will not create a net loss of ecological functions. (h) Street-end parks, where developed to serve community needs, shall be limited to walking on the beach, carry craft boat launching, waterfront viewing, swimming, or fishing, and shall be designed so as not to interfere with privacy of adjacent residential uses. (i) Private recreation uses and facilities that exclude the public from public aquatic lands are permitted only when the following additional criteria are met: (1) Reasonable public access shall be provided to the shoreline at no fee for sites providing recreational uses that are fee supported, including access along the water's edge where appropriate. In the case of facilities on public aquatic lands, no-fee access shall be provided to the public in common with any private use. (2) The development is located and designed to have no substantial detrimental impact on existing and planned use of nearby property. (j) Motorized vehicular access including the use of all-terrain and off-road vehicles in the shoreline area is prohibited, EXCEPT for boat launching and maintenance activities and EXCEPT where specific areas for such use are set aside and controlled, and then only when it can be demonstrated that demand is sufficient to warrant such activity. Provided that the exceptions above shall not apply to beaches, bars, spits, and streambeds. (k) Signs indicating the public's right of access to shoreline areas shall be installed and maintained in conspicuous locations at the point of access and the entrance. 8.080 Residential Development: (a) Single Family Use Priority: Single family residential development is a priority use on the shoreline when developed in a manner consistent with control of pollution and prevention of damage to the natural environment (b) Multi-Family Use Priority: Multi-family residential use is not a priority for location on the shoreline under the Shoreline Management Act and is subject to the preference for water-dependent and water-oriented use and must provide for meeting the requirements for ecological productivity and public access. (c) Water-Dependent Use Priority: Multi-family development may not be approved if it displaces existing water-dependent uses. Multi-family development is preferred as part of mixed used development including water-dependent, water-related and water- 96 enjoyment use. Multi-family development uses may be permitted only where it provides significant public benefit with respect to the objectives of the Act by: (1) Restoration of ecological functions, both in aquatic and upland environments, shall provide native vegetation buffers according to the standards provided for critical areas or in accordance with the Restoration Element of this document. (2) Provision of public access in accordance with SMP section 7.040- Public Access. (d) Over-Water Homes: Over-water residences and floating homes are prohibited. Existing floating on-water residences legally established and moored within a marina within the City of Bremerton prior to July 1, 2014 are considered a conforming use and should be accommodated through reasonable permit conditions, or mitigation that will not effectively preclude maintenance, repair, replacement, and remodeling of existing floating on-water residences and their moorages by rendering these actions impracticable. (e) Shore Stabilization: New residential development shall not require shoreline stabilization. Prior to approval, a qualified professional must provide a site analysis establishing that shoreline stabilization is unlikely to be necessary for each new lot to support intended development during the life of the development. (f) Fills: New residential development shall meet all critical area provisions of this program. Filling of, or into, water bodies or their associated wetlands for the purpose of subdivision or multi-family construction shall not be permitted. (g) Public Access: Residential developments, including subdivisions, and planned unit developments, of five (5) or more lots/units shall provide "improved public access" for all residents of the development and the general public, in compliance with public access standards contained in SMP section 7.040 - Public Access. (h) Private Docks: All new subdivisions shall record a prohibition on new private individual docks on the face of the plat in accordance with SMP section 9.030 - Docks, Piers, and In-Water Structures. An area reserved for shared moorage may be designated if it meets all requirements of this Program. (i) Low Impact Development: Residential development shall be designed to minimize the amount of impervious area and shall utilize Low Impact Development techniques to the greatest extent feasible (e.g., permeable pavers, stormwater infiltration and filtration). (j) Residential Subdivision: All subdivisions that create a new lot on the shoreline shall comply with applicable standard shoreline buffer and setbacks. In all cases, all new lots on the shoreline shall fully populate the standard buffer area with native vegetation, however, planting may be accomplished after final plat at the time the lot is developed; in these instances conditions shall be placed on the face of the recorded final subdivision document specifying conditions of approval. (k) Application Requirements: Applications for development of subdivisions and multi- family developments shall include the following information (at minimum) in addition to other submittal requirements: (1) Details (graphic and textual) of any proposed alteration in the natural character of the shoreline; 97 (2) Provisions for lot owner or occupant access to the water body; (3) Provisions for public access to the water body. 8.090 Roads, Railways, and Utilities: (a) Ecological Function: New roadways, utilities and railways shall mitigate their impacts such that the result is a no net loss of shoreline ecological function. (b) Location Priority: New or substantially expanded roads, railroads and bridges may be located within shoreline jurisdiction only if: (1) The facility is needed within the shoreline jurisdiction to support permitted shoreline activities. (2) No feasible upland alternative exists based on analysis of system options that assess the potential for alternative routes outside shoreline jurisdiction or set back further from the land/water interface. (c) Transportation Facilities: Transportation facilities shall be located and designed to avoid significant natural, historic, archaeological or cultural sites to the maximum extent feasible, and mitigate unavoidable impacts to result in no net loss of ecological processes and functions. (d) Design Criteria: Where permitted, transportation facilities shall meet the following design criteria: (1) Roads, railroads, and bridges shall cross the shoreline area by the shortest most direct route, unless such route would cause substantial environmental damage. (2) The project shall be located and designed to fit the existing topography as much as possible, thus minimizing alterations to the natural environment. (3) Facilities located within critical areas, particularly in wetlands areas, should be designed to avoid the resource and may be permitted only if in compliance with standards for those areas. (4) Construction of facilities shall be designed to protect the shoreline against erosion, uncontrolled or polluting drainage and other factors detrimental to the environment, both during and after construction. (5) All debris, cut and fill material, overburden, and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion from drainage into any water body. (6) Facilities shall provide for passage of high flows, flood waters, debris, fish passage, and wildlife movement by providing bridges with the longest span feasible and the greatest height feasible. When bridges are not feasible, culverts or other features shall be utilized that are large enough to provide for these functions. (7) The project shall provide the minimum width and length of travel-way for vehicles and provide facilities for safe pedestrian and other non-motorized travel along all public integrated with trail and bicycle systems along shorelines to the maximum extent feasible. When public roads will afford scenic vistas, viewpoint areas shall be provided. 98 (8) New roadways should be designed and constructed to implement Low Impact Development techniques. (9) Landscape planting is required along all shoreline roads, parking, and turnout facilities to: (i) Provide buffers between pedestrian and auto users; (ii) Enhance the shoreline driving experience; and (iii) Enhance and complement potential views of shoreline areas. (10) Height restrictions do not apply to public bridges. Compliance with all other code provisions shall apply. (e) Unused ROW: The City should retain abandoned or unused road or railroad rights-of-way for public access to and/or along the water to improve public shoreline access. (f) Road Ends: Road ends abutting water bodies shall be reviewed for potential use and development for public access to the water, and be incorporated into the City's Comprehensive Public Access Plan as appropriate. (g) Vacations: The City shall not vacate any public right-of-way in a shoreline location until adopting a Comprehensive Public Access plan for the area showing that the subject right-of-way cannot be used as a contributing element in that plan. The City shall vacate public right-of-way abutting a body of salt or fresh water only in compliance with RCW 35.79.035 which allows vacations of streets abutting bodies of water pursuant to state law criteria, or as amended. (h) Utility Location Criteria: New or substantially expanded utilities may be located within shoreline jurisdiction only if: (1) The facility is needed within the shoreline jurisdiction to support permitted shoreline activities; (2) No feasible upland alternative exists based on analysis of system options that assess the potential for alternative routes outside shoreline jurisdiction or is set back further from the land/water interface; and (3) Facilities will not degrade or obstruct scenic views. (i) Utilities: Utilities shall be located and designed to avoid significant natural, historic, archaeological or cultural sites to the maximum extent feasible, and mitigate unavoidable impacts to result in no net loss of ecological processes and functions. (j) Utility Design Criteria: Utilities, where permitted, shall meet the following design criteria: (1) Facilities should occupy as little of the shoreline as feasible. Utility installation parallel to the shoreline should be avoided to the maximum extent feasible. Utilities shall cross the shoreline area by the shortest most direct route, unless such route would cause substantial environmental damage. (2) Utilities shall be located and designed to fit the existing topography as much as possible, thus minimizing alterations to the natural environment. (3) Facilities shall be located and designed to minimize obstruction of scenic views. 99 (4) Utility crossings of water bodies shall be attached to bridges or located in other existing facilities, if feasible. If new installations are required to cross water bodies or wetlands, they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be tunneled or bored where feasible. Installations shall be deep enough to avoid failures or need for protection due to exposure due to stream bed mobilization, aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if feasible to avoid the need for excavation in the event of the need for maintenance or replacement. (k) Architectural Compatibility: Facilities involving buildings, such as pump stations, electrical substation, or other facilities, shall be architecturally compatible and landscaped to assure compatibility with natural features, public access facilities, and adjacent uses. (l) Construction Practices: Construction shall be designed to protect the shoreline against erosion, uncontrolled or polluting drainage and other factors detrimental to the environment, both during and after construction. (m) Easements: Access easements to utility installations shall be no wider than needed to construct, maintain, or repair the utility. (n) Public Access: Utility development shall provide for compatible, multiple use of sites and rights-of-way through coordination with local government agencies. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing that public access will not unduly interfere with utility operations, endangers public health and safety, or create a significant and disproportionate liability for the owner. (o) Landscape Restoration: Upon completion of installation of projects on shorelines, disturbed non-impervious areas shall be restored to pre-project configuration, replanted with native species, and provided maintenance care until the newly planted vegetation is established. A landscape restoration plan is required. (p) Storm Drainage/Sewer Outfalls: Storm drainage and sewer outfalls are encouraged to locate beyond the extreme low tide line/mean low lower water. However, at the discretion of Director on a case-by-case basis storm facilities may locate above the extreme low tide line in order to mitigate maintenance and sediment infill for the City. In addition, storm drainage and sewer outfalls must be located to avoid and minimize impacts to submerged aquatic vegetation, forage fish spawning beds, and shellfish beds. If this provision cannot be met, the applicant will demonstrate that alternatives with less to no impact on aquatic vegetation and shellfish beds are not feasible due to design constraints. (q) Applications: All applications for installation of utility facilities shall include the following information prepared by a qualified professional: (1) Reason why facility must be located in a shoreline area; (2) Alternative locations considered, including the feasibility of location within existing utility right-of-way, and reasons for their rejection; (3) Location of other facilities near the proposed project and if the location is to include other types of facilities; (4) Proposed method of construction and plans to control erosion and turbidity during construction; 100 (5) Plans for reclamation of areas disturbed during construction; (6) Any other information deemed necessary. 101 Chapter 9 – Shoreline Modifications 9.010 – Intent 9.020 – Clearing and Grading 9.030 – Docks, Piers, and In-Water structures 9.040 – Dredging 9.050 – Flood Hazard Reduction 9.060 – Landfills 9.070 – Restoration and Conservation 9.080 – Shoreline Stabilization 9.090 – Stormwater Management Facilities 9.010 Intent: These policies and regulations relate to land use proposals that are typically accessory and in support of primary land uses. Shoreline modifications should ensure no net loss of ecological functions and should be as natural as feasible. 9.020 Clearing and Grading: (a) Clearing, grading, and shoreline native vegetation protection and removal shall comply with the standards in the general standards section (Chapter 7). (b) Disturbance to soils shall adhere to the following standards: (1) Land clearing, filling, and grading activities that are associated with a permitted use below the OHWM shall be allowed only between May 1 and October 1 unless the City or Department of Fish and Wildlife extends or shortens the allowable work window per BMC 20.14.700, which requires shoreline erosion control measures according to an approved report prepared by a qualified professional. (2) Filling or grading including excavation within or modification to a critical area is permitted only as part of an approved activity subject to the applicable requirements within this Title. (3) The soil duff layer (the matted, partly decomposed organic surface layer of forest soils) shall remain undisturbed to the maximum extent possible. Where feasible any soil disturbed shall be redistributed to other areas of the project site. (4) The moisture holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltration capacity on all areas of the project area not covered by impervious surfaces. (5) Erosion control shall comply with the requirements in BMC 15.04. 9.030 Docks, Piers, and Other In-Water Structures: (a) Ecological Function: (1) New in-water structures shall be designed and constructed such that the result is no net loss of shoreline ecological function. New in-water structures shall not adversely affect hydrologic function, ability for light to penetrate within the 102 photic zone, sediment transport and water-circulation patterns. (2) Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid, or if that is not possible, to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. (3) Creosote, arsenic and pentachlorophenol treated materials used for in-water structures shall be prohibited. (b) Light Penetration: All piers, docks and bridges must achieve light penetration by grating or other means unless it would pose a public safety or environmental risk, as follows: (1) Grating must be provided over at least (40%) forty percent of the pier or float area and must be provided over at least 60 percent of the structure(s) within 30 feet of the OHWM. Areas blocked by objects underneath, such as floatation devices shall not be counted toward the 40% forty percent total. (2) Grating must have at least 60 percent open area. The grating must be oriented to maximize the amount of light passage. This can be accomplished by orienting the lengthwise direction of the grate openings in the east-west direction. (3) To ensure that light transmission is not impeded, grating must not be covered or blocked (on the surface or underneath) with any objects, such as, but not limited to buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, traction devices or other items that will block sunlight. (4) Light penetration standards do not apply to public bridges. (c) Navigation: (1) In-water structures shall not impair or obstruct existing navigation channels or the public’s use of surface water or shoreline areas as required by the Coast Guard. (2) Piers, docks and moorage shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay, as depicted in SMP section 4.020 map M. In addition, to protect sensitive aquatic environment, docks and piers are prohibited within the Aquatic Conservancy designation (mooring buoys are not prohibited). (3) Piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. When State harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. (d) Use Priority: New in water structures shall be allowed only for water-dependent uses, and public access. Water-related and water-enjoyment uses may be allowed as part of mixed-use development on over-water structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. (e) Joint Use: Joint-use facilities are preferred over new single use piers, docks and floats. Easements ensuring adequate access for all users of the joint-use facility shall 103 be required and recorded with the Kitsap County Auditor. In order to develop new moorage, an applicant must demonstrate that existing facilities (public and private marinas or shared moorage) are not reasonably available to meet demand. In cases where new moorage is approved, multiple use and/or expansion of existing piers, wharfs and docks may be required (in lieu of the proliferation of new facilities) in order to minimize the consumption of limited shoreline resources and cumulative impacts on ecological resources. (f) Subdivisions: New subdivisions with shoreline frontage shall provide community or shared docks if any docks are proposed. New subdivisions shall contain a restriction on the face of the plat prohibiting individual docks. A site for community or shared moorage shall be designated on the plat and owned in undivided interest by property owners within the subdivision. Shared moorage facilities shall be available to property owners in the subdivision for community access and may be required to provide public access depending on the scale of the facility. Approval shall be subject to the following criteria: (1) The applicant shall demonstrate that there is no reasonably available public or private moorage that can serve the moorage needs of the subdivision. (2) Shared moorage to serve new development shall be limited to the amount of moorage needed to serve lots with water frontage. One moorage space per lot may not be presumed. (3) Development of more than one dock shall include documentation that a single dock would not accommodate the need or that adverse impacts on ecological functions would result from the size of dock required. (4) The size of a dock must consider the use of mooring buoys for some or all moorage needs and the use of all or part of the dock to allow tender access to mooring buoys. (5) Public access shall be provided in association with all shared docks utilizing public aquatic lands that accommodate five (5) or more vessels. (6) If a community or shared dock is not developed at the time of subdivision, a community association shall be established with the authority to levy assessments within the subdivision to construct and maintain a community dock in the future. The failure of a subdivision to develop a community or shared dock shall not affect the prohibition on individual docks. (g) Commercial & Industrial Docks: Permits for docks or piers serving single commercial or industrial enterprises shall not be granted unless it is demonstrated that the facility serves a water-dependent use and adjacent commercial and/or industrial enterprises are not willing to cooperatively develop a joint-use facility. (1) Non-Residential Piers and Docks shall be the minimum size feasible to serve the proposed water-dependent use. (h) Multi-Family & Commercial Moorage: Multi-family residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall meet the criteria for a marina. Use of the moorage must be open to the general public on the same basis as residents or occupants and shall provide public access. If approved, no more than one joint-use moorage facility may be provided. 104 (i) Single Family Docks: No more than one (1) private noncommercial single-use dock is permitted per platted shoreline lot or un-platted shoreline tract on a residentially designated area (this does not apply to subdivisions approved on or after the adoption date of this code; for such subdivisions see subsection f, above). The dock must be designed and intended as a facility for access to watercraft. An applicant shall demonstrate that: (1) A mooring buoy is not feasible to provide moorage. A mooring buoy may be approved in conjunction with an individual or shared tender dock to provide small boat access to the buoy. (2) There is no shared moorage available, and there is no homeowners association or other corporate entity capable of developing shared moorage. (j) Single Family Dock Size Limitations: Residential piers and/or docks shall be limited to the minimum necessary to meet the need for moorage and are limited to the following sizes: (1) Length: Maximum length of a residential pier or dock shall be the minimum necessary to accomplish moorage for the intended boating uses, and shall be only so long as to obtain a depth of ten (10) feet of water as measured at Mean Lower Low Water Line (MLLW) in marine shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. Any dock proposed to be sixty (60) feet in length or greater must demonstrate that a mooring buoy in conjunction with a shorter tender dock to provide small boat access to the buoy is not feasible. (2) Width: (i) The Landing area, particularly over shallower areas, should be built in the north-south direction, if at all possible to avoid shading effects that would occur with east-west orientation. (ii) The float shall have a maximum width of eight (8) feet. Single Use floats shall be no longer than thirty (30) feet. Joint Use floats shall be no longer than sixty (60) feet. (iii) Pier or walkway maximum width: Four (4) feet; (k) Community Piers and Docks Size Limitations: (1) Maximum Width and Length: To be determined by the City on a case-by-case basis based on the minimum dimensions feasible. (2) Density: No more than one (1) forty foot (40') moorage space per dwelling unit or lot with direct shoreline frontage. (l) Public Piers and Docks Size Limitations: (1) Maximum Width and Length: To be determined by the City on a case-by-case basis based on the minimum dimensions feasible. (m) Side Yard Setbacks: Docks shall be set back a minimum of ten (10) feet from side property lines. Exception: Community piers and docks may be located adjacent to or upon a side property line when mutually agreed to by contract/covenant with the owners of the adjacent property, a copy of which must be recorded with the County Auditor and filed with the application for permit. 105 (n) Floats & Buoys: Recreation floats and mooring buoys shall be located no further seaward than existing floats and mooring buoys or no further seaward than necessary to achieve minimum feasible depths and shall be readily discernible under normal conditions to the unaided eye at a minimum distance of 100 yards. The size and design must comply with the following: (1) Floats must be built so that the deck surface is no more than two (2) feet above the water's surface and must have reflectors for nighttime visibility. (2) Single property owner recreational floats shall be no larger than sixty-four (64) square feet. (3) Joint-use floats shall be no larger than ninety-six (96) square feet. (o) Marine Rails: Boat launching ramps and marine railways shall be designed as to not obstruct longshore drift. Residential launch ramps or marine railways are prohibited. 9.040 Dredging: (a) Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts. When impacts cannot be avoided they should be mitigated in a manner that assures no net loss of shoreline ecological functions. (b) New development shall be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. (c) Dredging for the purpose of establishing, expanding, relocating or reconfiguring navigation channels and basins shall be allowed where necessary for assuring safe and efficient accommodation of existing navigational uses, and then only when significant ecological impacts are minimized and mitigation is provided. Maintenance dredging of established navigation channels and basins shall be permitted only to the limits originally allowed. (d) Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill material shall be prohibited, except when the material is necessary for the restoration of ecological functions. In this case the project must be either associated with a Model Toxics Control Act or a Comprehensive Environmental Response Compensation Liability Act remediation project, or a habitat restoration project approved through a Shoreline Conditional Use Permit. (e) Dredging spoils shall be deposited upland if feasible, and measures taken to prevent erosion of the deposited material. If the deposit area is on the shoreline, a vegetation inventory and restoration shall be required, consistent with the vegetation conservation and critical areas regulations of the Master Program. (f) Spoil deposit sites in water areas shall be identified with the cooperation of the State Departments of Natural Resources, and the Department of Fish and Wildlife U.S. Army Corp of Engineers, and Suquamish Tribe. Depositing of dredge materials in water areas shall be allowed only for habitat improvement, to correct existing problems of material distribution adversely affecting fish and shellfish resources, or where the alternatives of depositing materials on land is more detrimental to shoreline resources than depositing it in water areas. 106 (g) Disposal of dredge material on shorelands or wetlands within a river's channel migration zone shall be discouraged. In the limited instances where it is allowed, such disposal shall require a Shoreline Conditional Use Permit. (h) All applications for dredging shall provide the following information prepared by a qualified professional and any other information deemed necessary: (1) An analysis of material to be dredged; (2) Time of dredging; (3) Method of dredging and disposal; (4) Location and stability of bedlands adjacent to proposed dredging area; (5) Ecological processes and functions affected by the proposed dredging; (6) Location, size, capacity, physical and ecologic characteristics of spoils disposal area. 9.050 Flood Hazard Reduction: (a) Flood control works shall be permitted only when it is demonstrated by engineering and scientific evaluation by qualified professionals that: (1) They are necessary to protect health/safety and/or existing development; (2) Non-structural flood hazard reduction measures are infeasible; and (3) Measures are consistent with an adopted comprehensive flood hazard management plan that evaluates cumulative impacts to the watershed or coastal reach. (b) New or expanding development or uses in the shoreline, including subdivision of land that would likely require new structural flood control works within a stream, channel migration zone, or floodway, should not be allowed. (c) New or expanded flood control works and in-stream structures should be planned and designed to be compatible with appropriate multiple uses of stream resources over the long term, especially in shorelines of statewide significance. (d) Flood control works should incorporate native vegetation to the extent feasible to enhance ecological functions, create a more natural appearance, improve ecological functions, and provide more flexibility for long term shoreline management. (e) To minimize flood damages and to maintain natural resources associated with streams, overflow corridors and other alternatives to traditional bank levees, revetments and/or dams should be considered. Setback levees and similar measures should be employed where they will result in lower flood peaks and velocities, and more effective conservation of ecological resources than with bank levees. (f) Non-structural and non-regulatory methods to protect, enhance, and restore shoreline ecological functions and other shoreline resources should be encouraged as an alternative to structural flood control works. Non-regulatory and non-structural methods may include public facility and resource planning, land or easement acquisition, education, voluntary protection and enhancement projects, or incentive programs. Removal of materials from the creek, stream, or river channel for flood management purposes may be allowed only as part of an adopted integrated flood 107 control management program that demonstrates that other flood hazard reduction strategies would not be effective in the absence of gravel removal. (g) Flood management diking shall be located landward of the floodway base (100-year frequency) flood, and landward any wetlands associated or directly interrelated and interdependent with the water body. (h) Linear public access shall be provided whenever possible as outlined in the public access requirements in SMP section 7.040, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, or security problems, or unmitigatable ecological impacts, or unavoidable conflicts with proposed uses, or unreasonable cost. Improved trail systems are preferred. At a minimum, flood control works should not decrease existing or potential public access to shorelines. 9.060 Landfills: (a) Landfills within shorelines shall be permitted only through a Conditional Use Permit and shall be allowed only when necessary to support: (1) Water-dependent use, or; (2) Public access, or; (3) Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan, or; (4) Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Department of Natural Resources, or; (5) Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline, and then only upon a demonstration that alternatives to fill are not feasible, or; (6) Mitigation action, approved environmental restoration, beach nourishment, or an approved enhancement project. (b) (a) Shoreline fills or cuts shall be designed and located so that there will be no significant change to natural shoreline topography or damage to existing ecological systems or natural resources, and no alteration of local currents which would result in a hazard to adjacent life, property, or natural resources systems. (c) Landfills shall include restoration and/or enhancement of ecological functions within the shoreline consistent with the restoration objectives within the Restoration Plan and shall provide public access where feasible. (d) Applications which include landfills shall include the following information prepared by a qualified professional: (1) Physical, chemical and biological character of landfill material; (2) Proposed use of fill area; (3) Source of landfill material; (4) Method of placement and compaction; 108 (5) Type of proposed surfacing or vegetation cover; (6) Method of perimeter erosion control; and (7) Any other information deemed necessary. 9.070 Restoration and Conservation: (a) Restoration projects that are within critical areas, or their required buffers are permitted subject to the applicable requirements within this Title. (b) Restoration projects that achieve the objectives within the Restoration Plan shall have priority over other restoration projects. (c) Restoration projects that include structural modification or stabilization shall first consider preferred techniques as specified in SMP section 9.080 Shoreline Stabilization. (d) Restoration projects shall be designed and implemented such that there are no adverse impacts on ecological resources or functions. (e) Restoration projects shall include a maintenance and monitoring plan and financial surety as outlined in SMP section 7.020 (vegetation plan) that includes a guarantee and/or contingency plan when said project does not achieve its intended objective. (f) Restoration projects shall take into consideration existing and lawfully erected structures and developments such that their safety is not compromised. (g) Restoration projects shall not conflict with existing utilities, roadways and public access points unless those functions can be relocated such that the public benefit remains the same or is improved. 9.080 Shore Stabilization: (a) Hierarchy of Alternatives: Alternatives for shoreline stabilization shall be based on the following hierarchy of preference: (1) No action (allow the shoreline to retreat naturally), increase building setbacks, and relocate structures. (2) Provide flexible stabilization constructed of natural materials incorporating measures such as soft shore protection and bioengineering, including beach nourishment, protective berms, or vegetative stabilization. (3) Provide flexible stabilization, as described above, with rigid works, as described below, constructed as a protective measure. (4) Construct rigid works constructed of artificial materials such as riprap or concrete. (b) Stabilization Necessity: New structural stabilization measures shall not be allowed for existing developments except when necessity is demonstrated in the following manner: (1) To protect existing primary structures: New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a qualified professional, that the structure is in danger from shoreline erosion 109 caused by currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific and geotechnical analysis, is not demonstration of need. Site analysis, at a minimum, must include the following to demonstrate the need of a structural solution: (i) On-site drainage issues. The report(s) must clearly evaluate and resolve existing drainage problems before considering structural shore stabilization. (ii) The report(s) must clearly evaluate supplementary beach nourishment and/or soft-shore measures and such measures must be shown to be impractical or non-effective, as demonstrated through a geotechnical report. (iii) The report(s) must clearly establish that the stabilization structure will not result in a net loss of shoreline ecological functions. (iv) The report(s) must clearly establish the lack of structural integrity of the existing structure due to ongoing wave action. (2) To protect a new water-dependent development, or new single-family residences, when all of the conditions below apply and are documented by a qualified professional: (i) The erosion is not being caused by upland conditions such as the loss of vegetation and drainage. (ii) Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. (iii) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes such as currents, and waves. (iv) Supplementary beach nourishment must be shown to be impractical or non- effective, as demonstrated through a geotechnical report. (v) To protect an existing non-water-dependent development, when all of the conditions below apply and are documented by a qualified professional: The erosion is not being caused by upland conditions such as the loss of vegetation and drainage; (vi) Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible; (vii) Stabilization structures are needed to protect primary structures from damage due to erosion; (viii) Supplementary beach nourishment is shown to be impractical and ineffective; (ix) The affected structure cannot be feasibly located or relocated outside of the area affected by natural shoreline erosion processes; (x) The stabilization structure will not result in a net loss of shoreline ecological functions. 110 (3) To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW. All of the conditions below apply and are documented by a qualified professional: (i) Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. (ii) The erosion control structure will not result in a net loss of shoreline ecological functions. (c) Creeks and Streams: Creeks and streams shall be maintained in their natural state, free of shoreline modification, where they are not now influenced by urban growth and channelization. Where natural processes and functions have been substantially altered, shoreline stabilization shall avoid substantial channel direction modifications, realignment and straightening as a consequence of shore stabilization and flood management. (d) Bulkhead/Seawall Location: (1) On all shorelines, bulkheads/seawalls shall be located landward of the OHWM, landward of existing protective berms (artificial or natural), and shall be located generally parallel to the natural shoreline. (2) On Marine Accretion Beaches, bulkheads/seawalls shall be set back a minimum of twenty-five (25) feet landward of the OHWM, and shall parallel the natural shoreline; except on sloping or bluff/cliff shores where said setback is not feasible, in which case bulkheads shall be placed as far landward of the OHWM as is feasible. In no case shall the bulkhead be waterward of the OHWM. (3) On driftways and lake shores that are subject to erosion bulkheads/seawalls shall be located within one (1) foot of the bank toe and shall generally parallel the natural shoreline. (4) On bluff or bank shorelines with no adjacent bulkheads/seawalls the bulkheads/seawalls shall be as close to the bank as possible and in no case shall it be more than three (3) feet from the toe of the natural bank. (5) A bulkhead/seawall for a permitted landfill shall be located at the toe of the fill. (6) Replacement bulkheads/seawalls shall be located no further waterward of the existing bulkhead than is necessary for construction of new footings (e) Design: new and replacement bulkheads/seawalls shall comply with the following design and construction criteria: (1) Bulkheads/seawalls shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or design may be required for any proposed bulkhead if the City determines sufficient uncertainties exist. Grounds for such determination shall be inadequate information or expertise on local physical features; and/or the evidence of potential damage to other shoreline properties and features. (2) Bulkheads/seawalls shall be the minimum dimensions necessary to adequately protect the development. (3) Stairs or other permitted structures may be built into a bulkhead, but shall 111 not extend waterward of it. (4) Bulkheads/seawalls shall be designed to permit the passage of surface or ground water without causing ponding or saturation of retained soil/materials. (5) Adequate toe protection (i.e. proper footings and a fine retention mesh, etc.) shall be provided to ensure bulkhead stability without relying on additional riprap. (6) Sheet piling and precast concrete slabs with vertical waterward faces shall include adequate tiebacks and toe protection. (7) Bulkheads/seawalls shall utilize stable, non-erodible, homogeneous materials (e.g. concrete, wood, rock riprap or other suitable materials) which will accomplish the desired end with the maximum preservation of natural shoreline characteristics. (8) Beach materials shall not be used for fill behind bulkheads/seawalls except clean dredge spoil from a permitted off site dredge and fill operation. (9) Bulkheads/seawalls may tie in flush with existing bulkheads/seawalls on adjoining properties to ensure there is no gap between the two except when: (i) An adjoining bulkhead/seawall extends waterward of the OHWM or the toe of the bank or permitted landfill; in which the location requirements of Regulation of Subsection D criteria 1,2, and 3 above shall apply. (ii) If there is an existing bulkhead/seawall on only one of the adjacent properties, the proposed bulkhead/seawall may tie in flush with the adjacent bulkhead/seawall at or landward of the OHWM in order to minimize the land area waterward of the required setback. The required setback, however, shall be met on the side not abutting an existing bulkhead/seawall. (f) Beach Enhancement: Beach enhancement/restoration should be employed on upland, tidal and/or submerged shorelines to restore, enhance or create recreational beaches, aquatic habitat, and/or to control erosion where geotechnical analysis confirms that it is practical and effective and specifically in cases where: (1) Beach restoration/enhancement will accomplish the following objectives: (i) Recreate or enhance natural shore conditions; (ii) Create or enhance natural habitat; (iii) Reverse otherwise erosional conditions; and (iv) Enhance access to the shore, especially to public shores. (2) Beach enhancement is prohibited where: (i) Littoral drift of the enhancement materials will adversely affect adjacent spawning grounds or other areas of biological significance; or (ii) It will interfere with the normal public use of the navigable waters of the state. (3) Beach enhancement projects shall be designed so that the project avoids: (i) Detrimental interruption of littoral drift, or redirection of waves, current 112 or sediments to other shorelines that may adversely affect adjacent properties or habitat; (ii) Any exposed groin-like structures; EXCEPT: Small drift cell or littoral cell groins may be used as a means of stabilizing restored sediment where part of a federally and/or state approved beach enhancement program; (iii) Extending waterward more than the minimum amount necessary to achieve the desired stabilization; (iv) Creating contours sufficiently steep to impede easy pedestrian passage, or trap drifting sediments (a 5:1 slope is generally recommended; a 4:1 slope is a minimum); (v) Creation of "additional dry land mass"; and (vi) Disturbance to significant amounts of valuable shallow water fish/wildlife habitat, unless such habitat is immediately replaced by new habitat that is comparable or better. (4) The size and/or mix of new materials to be added to a beach shall be adjusted to the local wave climate for maximum percolation and stability (generally similar to that of the natural beach sediment, but large enough to resist normal current, wake or wave action at the site). (5) The restored beach shall approximate the natural beach width, height, bulk or profile. Exceedance of these features shall be limited, and shall not create substantial additional dry land mass. (g) Breakwaters: Breakwaters shall be permitted only by Conditional Use Permit for navigational purposes, industrial activities and marinas and shall be approved only as integral components of a harbor, marina or port, where water-dependent uses are located seaward of the existing shoreline or shore protection from strong wave action is essential. The location of a breakwater shall not render the remaining open water surface unusable by the public. Open-pile or floating breakwaters shall be the only type allowed unless it can be shown that solid breakwaters will have no adverse effect on the aquatic biology and shore processes. (h) Jetties, Weirs & Groins: Jetties, Rock Weirs and Groins are allowed subject to approval of a Conditional Use Permit only for navigational purposes, industrial activity, marinas, erosion control, fisheries or habitat enhancement, and public beach management and shall be approved only as integral components of an overall resource management plan. (1) The effect of proposed breakwaters, jetties, rock weirs, and groins on sand movement shall be evaluated during permit review. The beneficiaries and/or owners of large scale shore modification works which substantially alter, reduce or block littoral drift and cause new erosion of downdrift shores shall be required to establish and maintain an adequate long term beach feeding program as follows: (i) Breakwaters, Rock Weirs and Groins shall incorporate artificial beach feeding. (ii) Jetties shall artificially transport sand to the downdrift side of the structure. 113 (i) Vegetation Management: (1) All disturbed shore areas shall be restored or enhanced to provide the maximum benefits of non-structural measures, even if structural measures are approved and shall use native plant materials with a similar diversity and structure as the native climax community. In such cases, applicants should consider feasibility of adding vegetation to shoreline armoring, such as plantings in soil filled sonotubes placed within rip rap. (2) Vegetation shall be planted and maintained on shore modification structures in a manner that will reduce the visual impact of such structures. (j) Maintenance: Maintenance of shore modification activities shall be the sole responsibility of the property owner. (k) Liability: liability for any impact to neighboring properties caused by shore modification activities is the sole responsibility of the property owner providing such shore modification. (l) State & Federal Code Compliance: Construction and operation of shore modification works shall demonstrate approval of and compliance with all applicable federal and state permits. (m) Application Requirements: Proposals for shore modification shall include the following information, or as otherwise determined by the Director: (1) Purpose of Project (2) Description of Proposal: • Location of project; • Construction materials (e.g. materials used, dimensions of, design); • Method of construction (e.g. source of backfill, erosion controls); • Characteristics of the Site: • Toe and crest of uplands; • Existing buildings; • Existing shore stabilization and flood protection devices; • Ordinary, low, and high water elevations; • Net direction of littoral drift changes and tidal currents (if any); • General direction and speed of prevailing winds; • Beach type, slope and material; • Uplands type, slope and material; • Soil types (Soil Conservation Service); • Physical or geologic stability of uplands; • Profile of beach and uplands; (3) Extent of Impact Area: • Marine shores: Within drift sector; • Lakes and streams: Three hundred feet (300') on each side of proposed project; (4) Existing characteristics: • Physical, geological and/or soil characteristics; • Existing shore stabilization and flood management devices; 114 • Presence of fish/wildlife vital to the aquatic food chain, or their habitat; (5) Analysis shall include: • Potential impact upon area shoreline processes and functions, hydraulic processes, upland stability, natural habitat, adjacent properties, shoreline and water uses, and public access; and • Alternative measures (including non-structural measures) which will achieve the same purpose. Design alternatives shall include the best available technology, including, but not limited to beach enhancement where appropriate. (n) Professional Design: The City shall require professional design of the proposed project if it is determined there are sufficient uncertainties such as: (1) Inadequate data on local geophysical conditions; (2) Inadequate data on stream flow, velocity, and/or flood capacity; and/or (3) Effects on adjacent properties. 9.090 Stormwater Management Facilities: (a) Stormwater management facilities shall be located outside of critical areas and their required buffers, except as specified in SMP section 7.010. (b) Stormwater management facilities shall provide a minimum of enhanced treatment as defined by the latest version of the Department of Ecology Stormwater Manual for Western Washington and must comply with BMC 20.15 (stormwater). (c) New stormwater conveyance facilities (outfalls) shall not be constructed within required shoreline or critical area buffers, unless no other feasible alternative exists. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 25, 2026 Interlocal Cooperative Agreement with Jefferson County for Jail Services COUNCIL MEETING Date: April 1, 2026 Department: Police Presenter: Ryan Heffernan Phone: (360) 473-5777 SUMMARY: City of Bremerton Police Department want to enter into an Interlocal Cooperative Agreement with Jefferson County to provide alternative jail services for the City of Bremerton inmates. This Agreement shall have a term commencing on the Effective Date and terminating January 1, 2029. Initial Daily Per-Inmate Rate. The City shall pay a daily per-inmate fee for all Jail Services for Bremerton Inmates at the rate of $125 per Bed Day for each Bremerton Inmate through December 31, 2026. Request for Increases from the Initial Daily Per-Inmate Rate. On or before September 30th of each year this Agreement is in effect, the County may propose an increase in the Daily Per -Inmate Rate for the following annual period to compensate the County for increasing costs associated with staff salaries, employee benefits, facilities maintenance or upgrades, and other rising expenditures associated with the provision of Jail Services. The agreement is designed to offer an alternative to housing individuals serving court-imposed confinement terms in the Kitsap County Jail, which would help reduce the City’s overall incarceration costs. ATTACHMENTS: Interlocal Cooperative Agreement for Jail Services Between City of Bremerton and Jefferson County FISCAL IMPACTS (Include Budgeted Amount): $1,948,425.00 budgeted in the 2026 budget – Intergovernmental Service STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Cooperative Agreement with Jefferson County and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 B3 1 INTERLOCAL COOPERATIVE AGREEMENT FOR JAIL SERVICES BETWEEN THE CITY OF BREMERTON, WASHINGTON AND JEFFERSON COUNTY, WASHINGTON This Agreement (defined below) is to provide Jail Services (as defined below) is entered into between the City (defined below) and the County (defined below). Both Parties (defined below) are “public agencies” as defined in RCW 39.34.020, and are authorized to enter into this Agreement by Washington’s Interlocal Cooperation Act (Chapter 39.34 RCW). RECITALS WHEREAS, the City is looking for alternative sources to house inmates; WHEREAS, the City desires to contract with the County to provide Jail Services; NOW, THEREFORE, this Agreement is entered into under the Washington Interlocal Cooperation Act (Chapter 39.34 RCW), and the Washington Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW). TERMS AND CONDITIONS Section 1 Purpose and Limitation. The City desires to contract with the County by way of Interlocal Cooperative Agreement pursuant to RCW 39.34.180 for the provision of Jail Services for the City. Nothing in this Agreement is intended to affect or alter the functions and operations of the City’s Police Department. Section 2 Authority. This Agreement is based upon the authority of RCW 39.34.180(1), which provides in relevant part as follows: Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective, law enforcement agencies, whether filed under state law or local city ordinance, and must carry out these responsibilities through the use of their own 2 courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Section 3 Definitions. As used in this Agreement: a. “Agreement” means this Interlocal Cooperative Agreement for Jail Services between the City of Bremerton, WA and Jefferson County, WA. b. “Bed Day” means each calendar day or portion thereof that a Bremerton Inmate is confined in the Jail. c. “Bremerton Inmate” means in Inmate being held at the Jail pursuant to the terms and conditions of this Agreement. d. “City” means the City of Bremerton, Washington, a political subdivision of the State of Washington, whose physical address is 345 6th Street, Suite 100, Bremerton, WA 98337. e. “County” means Jefferson County, Washington, a political subdivision of the State of Washington, whose physical address is 1820 Jefferson Street, Port Townsend, WA 98368 and whose mailing address is P.O. Box 1220, Port Townsend, WA 98368. f. “County Inmate” means an Inmate confined in the Jail as a result of an either an arrest in Jefferson County of the City of Port Townsend or by a court order requiring confinement of the Inmate in the Jail. g. “Daily Per-Inmate Rate” means the daily per-Inmate rate in Section 7.a. h. “Effective date” means the date that the last Party signs this Agreement. i. “Inmate” refers to any person who is being housed at the Jail. j. “Jail” means the Jefferson County Jail, located at 81 Elkins Rd, Port Hadlock-Irondale, WA 98339. k. “Jail Services” means all jail services at the same level of service for a Bremerton Inmate as for a County Inmate. Jail Services provided for County Inmates include, but are not limited to, confinement, room, board, medical and other services, record keeping, defendant management services, including Jail and special arrangements such as deferral programs and monitored release from Jail using SCRAM bracelets and similar devices. l. “Parties” means the City and the County collectively. m. “Party” means one of the Parties. n. “Section” means a section of this Agreement, unless otherwise specified in this Agreement. o. “Or” means or and and/or. 3 Section 4 Term of Agreement. This Agreement shall have a term commencing on the Effective Date and terminating January 1, 2029, unless either Party initiates termination of this Agreement as provided in Section 12. Section 5 County’s Obligations. a. Provide Jail Services. The County shall provide Jail Services for Bremerton Inmates during the term of this Agreement in the same manner and to the same extent as the County furnishes those services for County Inmates held in the Jail. b. Maintain Adequate Staff and Budget. The County shall maintain adequate staff and budget to fully and competently perform all the services, duties, and obligations undertaken by the County in this Agreement for the duration of this Agreement. c. Make Jail Facilities Available for Bremerton Inmates. The County shall Make Jail facilities available and furnished for booking and holding Bremerton Inmates held upon arrest, awaiting trial, and serving court-imposed confinement terms pursuant to the terms and conditions of this Agreement. d. Interviews of Bremerton Inmates at the Jail. All City police officers and investigators shall have the right to interview the Bremerton Inmates at any reasonable time inside the confines of the Jail, subject only to necessary security rules. Interview space shall be made available to City police officers in equal priority with those of any other department, including the Jefferson County Sheriff’s Department. Section 6 City’s Obligations. a. Transportation of Bremerton Inmates. The City shall provide all transport to Bremerton Inmates to and from the Jail, except as needed for medical treatment for a life-threatening condition. b. Required Payments for Bremerton Inmates. The City shall pay the Daily Per-Inmate Rate incurred during a Bremerton Inmates confinement at the Jail, plus any outside medical expenses, prescription medication expenses or transportation expenses for medical treatment for a life-threatening condition by a Bremerton Inmate. All outside medical care and prescriptions shall be billed on a per Inmate basis directly to the City. Section 7 Interlocal Cooperation Act Topics Addressed. RCW 39.34.030 requires that certain topics be addressed in an interlocal agreement. To the extent not covered above these required topics are discussed in this section. a. No Joint Administration or Joint Board. This Agreement will be administered by each Party for their own part. This Agreement does not create any separate legal or administrative entity. Further, the Parties understand and agree there will be communication between the Parties to effectuate the terms of this Agreement. No provision is made for a joint board to administer this Agreement. 4 b. No Joint Budget. This Agreement does not contemplate a joint budget. c. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each Party will remain the sole owner of its own property. Section 8 Compensation and Billing. a. Initial Daily Per-Inmate Rate. The City shall pay a daily per-inmate fee for all Jail Services for Bremerton Inmates at the rate of $125 per Bed Day for each Bremerton Inmate through December 31, 2026. b. Request for Increases from the Initial Daily Per-Inmate Rate. On or before September 30th of each year this Agreement is in effect, the County may propose an increase in the Daily Per- Inmate Rate for the following annual period to compensate the County for increasing costs associated with staff salaries, employee benefits, facilities maintenance or upgrades, and other rising expenditures associated with the provision of Jail Services. Thereafter, the Parties shall attempt to negotiate an agreed upon Daily Per-Inmate Rate, which the Parties agree any increase shall be limited to a maximum of the rate of the annual Seattle-Tacoma-Bellevue CPI- W published in June of each year. To be effective, changes in the Daily Per-Inmate Rate shall be in writing only and shall be approved mutually by the Bremerton Police Chief and the Jefferson County Sheriff, upon authority granted by each Party’s legislative authority. c. Billing for Jail Services. The County shall bill the City monthly for Jail Services, and the City shall pay all invoices for Jail Services within 30 days of receipt of each invoice. Invoices shall be mailed to: City of Bremerton 345 6th Street Suite 100, Bremerton, WA 98337 All payments shall be mailed to: Jefferson County Sheriff’s Office 79 Elkins Road, Port HadLock, WA 98339 Section 9 Medical Care and Prescriptions. a. Financial Responsibility. The City shall be solely responsible for all medical, mental health, and dental costs for all Bremerton Inmates. b. Outside Medical Care. The City shall be solely responsible for all costs associated with health care services provided by entities other than the Jail’s internal providers, including emergency room visits and hospitalizations. c. Prescriptions. The City shall be solely responsible for all costs of all medications and prescriptions required by any Bremerton Inmate. 5 d. Notification. The Jail shall notify the City prior to providing outside medical care, except in life-threatening emergencies where notification shall occur as soon as practicable. Section 10 Transportation of Bremerton Inmates. a. Responsibility for Transportation of Bremerton Inmates. The City shall be responsible for transportation of all Bremerton Inmates to and from the Jail, including the cost and responsibility for any necessary law enforcement officers or security guards. b. Medical Transport. If a Bremerton Inmate requires transport to an outside medical facility, the City shall bear the cost and responsibility for such transport, including the cost and responsibility for any necessary law enforcement officers or security guards. c. Court Appearances. The City shall be responsible to transport Bremerton Inmates for any required court appearances and return them to the Jail, including the cost and responsibility for any necessary law enforcement officers or security guards. Section 11 Capacity and Admission to Jail. a. Capacity Clause. The Jail shall house Bremerton Inmates subject to daily bed availability and the operational capacity of the Jail. b. Right of Refusal. The Jail administrator retains the right to refuse or return Bremerton Inmates if the Jail exceeds maximum capacity or if the Bremerton Inmate’s medical condition requires care the Jail cannot provide. c. Priority. During periods of overcrowding, the Jail may prioritize housing for County Inmates and notify the City to transport Bremerton Inmates to another facility. Section 12 Termination. a. 90-Day Termination. Either Party may terminate this Agreement for any reason by providing at least 90 days’ written notice to the other Party. b. Coordination upon Termination. In the event of termination, the Parties shall coordinate the removal and transport of all Bremerton Inmates prior to the effective termination date. Section 13 Maintenance of Records. The County shall maintain adequate records to support billings for those services set forth in this Agreement. Said records shall be maintained for a period of six (6) years after completion of this Agreement. The City or any of its duly authorized representatives shall have access at any time during regular business hours, to any books, documents, papers, or records of the County that are directly related to this Agreement for the purposes of audit examinations, excerpts, or transcripts. 6 Section 14 Amendment. Provisions within this Agreement may be amended with the mutual consent of the Parties. No additions to, or alteration of the terms of this Agreement shall be valid unless made in writing, formally approved, and executed by duly authorized agents of both Parties. Section 15 No Waiver. No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement unless stated to be such through written approval by the County, which shall be attached to this Agreement. Section 16 Non-Discrimination The County and the City certify that they are Equal Opportunity Employers. Section 17 No Third-Party Beneficiary. The County does not intend by this Agreement to assume any contractual obligations to anyone other than the City and the City does not intend by this Agreement to assume any contractual obligations to anyone other than the County. The County and the City do not intend that there be any third-party beneficiary to this Agreement. Section 18 Non-Exclusivity. The County and the City agree that this Agreement is non-exclusive and that the City may employ or contract for additional or alternative Jail Services during the term of this Agreement. Section 19 Indemnification. a. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of the Cities ordinances, rules, regulations, resolutions, customs, polices or practices. If any cause, claim , suit, action or administrative proceeding is commenced in which the enforceability or validity of any such ordinance, rule, regulation, resolution, custom, policy or practice is at issue, then the City shall defend the same at its sole expense, and if judgment specifically attributable to such City provisions is entered and damages are awarded against the City, the County, or both, then the City shall entirely satisfy the same, including all chargeable costs and reasonable attorney’s fees and costs. To the extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers, employees and agents from any and all costs, including reasonable attorney fees, claims, judgments, or awards of damages, resulting from the breach of this Agreement, acts or omission of the City, its officers, employees or agents arising out of or in connection with the performance of this Agreement except for injuries, damages, judgments caused by the sole negligence of the County. 7 b. In executing this Agreement, The City does not assume liability or responsibility for or in way release the County from any liability or responsibility which arises in whole or in part from the existence or effect of any ordinance, rules, regulations, resolutions, customs, policies, or practices of the County. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability or validity of any such ordinance, rule, regulation, resolution, custom, policy, or practice of the County is at issue, the County shall defend the same at its sole expense, and if judgment is entered and damages are awarded against the County, the City, or both, the County shall entirely satisfy the same, including all chargeable costs and reasonable attorney’s fees and costs. To the extent permitted by law, the County shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from any and all costs, including reasonable attorney fees, claims, judgments, or awards or damages, resulting from the breach of this Agreement, acts or omissions of the County, its officers, employees, or agents arising out of or in connection with the performance of this Agreement except for injuries, damages and judgments caused by the sole negligence of the City. Section 20 Immunity. a. The County and the City with respect to each other only waive and shall not assert against each other, any immunity under title 51 RCW (Industrial Insurance). b. This waiver does not extend to the employees of either Party. c. The County and the City expressly do not waive their immunity against claims brought by their own employees. d. This waiver has been expressly and mutually negotiated. It is further provided that no liability shall attach to either Party by reason of entering into this Agreement, except as expressly provided herein. e. If the claim, suit or action for injuries, death or damages as provided for in the proceeding paragraphs of this Agreement is caused by or results from the concurrent negligence of (a) the indemnitee or the indemnitee’s agents, elected officials, employees, officers, or volunteers and (b) the indemnitor or the indemnitor’s agents, elected officials, employees, officers, or volunteers, the indemnity provisions provided for in these paragraphs shall be valid and enforceable only to the extent of the indemnitor’s negligence. Section 21 Liability Coverage Under a Joint Self-Insurance Program. a. County Coverage. The County represents and warrants that it is a member of a joint self- insurance program, the Washington Counties Risk Pool (WCRP), created pursuant to chapter 48.62 RCW and shall maintain sufficient third-party liability coverage for all purposes of this Agreement. b. City Coverage. The City represents and warrants that it is a member of a joint self-insurance program, the Washington City Insurance Authority (WCIA), created pursuant to chapter 48.62 RCW and shall maintain sufficient third-party liability coverage for all purposes of this Agreement. 8 c. Limitation on Recoveries by a Party’s Risk Pool Against the Other Party Payments of Third- Party Liability Claims. Any coverage for third-party liability claims provided by Party’s joint self-insurance program created pursuant to chapter 48.62 RCW or its insurance company shall have no right of recovery or subrogation against another Party (including its employees, elected officials, officers, and volunteers), it being the intention of the Parties that the liability coverage, so affected shall protect all Parties and be primary coverage for all losses covered by the liability coverage for each Party. Section 22 The County is an Independent Contractor. The County is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the City and the County or any of the County’s agents or employees. The County shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of Jail Services by the County pursuant to this Agreement. Section 23 Dispute Resolution. a. Any dispute concerning the implementation of this Agreement shall be first directed to the City Police Supervisor and the designated Sheriffs Corrections Supervisor. If the dispute is not resolved between those persons, then it shall then be referred to the City Council and Sheriff, who shall meet to resolve such dispute. b. Disputes relating to the implementation of this Agreement may not be resolved in any Court or by Administrative procedure. Termination shall be the sole remedy. Section 24 21 Severability. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.\ Section 25 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties. Section 26 Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9 Section 27 Limits of Any Waiver of Default. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party. Section 28 Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. Section 29 Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. Section 30 Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. Section 31 Public Records Act Compliance. Each Party shall be responsible for its own compliance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended). This Agreement, once executed, shall be a “public record” subject to production to a third-party if it is requested under the chapter 42.56 RCW. Section 32 Reference to Sections in this Agreement. Any reference to a section in this Agreement is a reference to a section of this Agreement, unless clearly stated to the contrary. Section 33 Notices. All notices or other communications which any Party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the Party at the address listed below or such other address as a Party may designate in writing from time to time. 10 Notices to the City shall be sent to the following address: Mayor City of Bremerton 345 6th Street Suite 100, Bremerton, WA 98337 Notices to the County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Section 34 Representations and Warranties. The parties represent and warrant that: a. Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the Party for whom their signature is being made; b. Each Party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of this Agreement shall violate no provision of law; d. Each Party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, e. Each person signing this Agreement has read this Agreement in its entirety, know the contents of this Agreement, agrees that the terms and conditions are contractual and not merely recitals, and agrees that they have signed this Agreement, having obtained the advice of legal counsel. (SIGNATURES FOLLOW ON THE NEXT PAGE) 11 IN WITNESS WHEREOF, the Parties execute this Agreement. JEFFERSON COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS By:___________________________________ Greg Brotherton, DATE Chair By:___________________________________ Heidi Eisenhour, DATE Commissioner By:___________________________________ Heather Dudley-Nollette, DATE SHERIFF By:___________________________________ Andy Pernsteiner, DATE Jefferson County Sheriff SEAL: ATTEST: ______________________________________ Carolyn Galloway, CMC DATE Clerk of the Board Approved as to form only: ______________________________________ Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney CITY OF BREMERTON, WASHINGTON By:___________________________________ Greg Wheeler, DATE Mayor POLICE DEPARTMENT By:___________________________________ Tom Wolfe, DATE Chief of Police ___________________________________ Kylie J. Finnell,, DATE City Attorney AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 25, 2026 Goods and Services Agreement with Core & Main for Purchase of a Pressure Reducing Valve Package Station and Budget Adjustment COUNCIL MEETING Date: April 1, 2026 Department: Public Works & Utilities Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: This agreement is for the provision, delivery and startup of a pressure reducing valve package station. Pressure reducing valves allow water to flow from higher pressure zones to lower pressure zones without over-pressurizing the lower zone. This valve will be located near 1st Street and National Ave and will transfer water from the West 440 pressure zone to the West 440 reduced pressure zone which serves the area south of Kitsap Way and east of Hwy 3 to Summit Avenue. This installation is part of an ongoing effort to upgrade aging PRVs and failing vaults to meet current standards. ATTACHMENTS: Map of project area and Goods and Services Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): $127,813.55 from the Water Utility Capital Budget for this purchase. The total project cost for full installation is estimated at $185,000, while the approved Water Capital CIP project budget is $100,000. As a result, a budget adjustment of $85,000 is required in the Water Capital Fund. The water utility’s standard PRV package station is assembled in Canada. All contractor quotes received included a $20,000 markup for anticipated tariffs and stated that if an existing exemption was still in effect at the time of delivery, a $20,000 credit would be issued. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Goods and Services Agreement with Core & Main for purchase of a Pressure Reducing Valve Package Station and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and authorize a budget adjustment of $85,000 in the Water Capital Fund. . COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 B4 CampusPkwy3 NWycoffAveMarineDrWheato n W a y L e b o Blvd J ack s on P ark Nav al Res ervation HarlowDr HighAvePerryAveSidneyAve1 1 t h S t NMontgomeryAveTrentonAveAndersonHillRdSW1 5 t h S t Sh o r e D rW W e r n e r R dKitsapWay S E M i l e H il l D r PotteryAveBayStK i t s a p W ayS tateHig h w a y 3 WW S t ateHig h way16S ta te H i g h w a y 1 6 Puget S ound N aval S hipy ard &Inter mediate Mainten an c e Fa c ility E a s t P o r t O r c h a r d N a v y Y a r d C i t y B r e m e r t o n P o r t O r c h a r d CampusPkwyE Hillda l e R d W a t e r m a n P o i n t BeaverCreekNebraskaStSECaliforniaAveECaliforniaAveSEBabyDollRdSEE Coll in s R d BabyDollRdEOpdalRdEE P o l k A v e S E G a r f ield StMountainViewRdE SES out hwor t h D r B eachDrES E M i l e H il l D r C olchesterDrSELongLakeRdSENav a l Supply Center M anc hes ter S tate Pa r k M a n c h e s t e r P a r k w o o d BannerRdSELongLakeR d S E Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User CommunityN NATIONAL AVES NATIONALAVE1ST ST BREMERTON BLVD WSources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community Site Map - 1st & National PRV Project ¯ Page 1 of 10 Goods and Services Agreement Rev. 04/2023 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Core & Main ("Vendor"), whose mailing address is: 602 Valley Ave NE, Puyallup, WA 98372 The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide and start up Cla-Val PRV Package Station to be shipped to 4398 West Belfair Valley RD, Bremerton, WA 98312 as described in Exhibit A. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services as described in Exhibit A within 180 days after all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $127,813.55, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. If a Canadian tariff is not in effect at the time of delivery, a $20,000.00 credit will be issued to the City. This credit will be in the form of either a reduction of invoiced amount or direct reimbursement via check. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Page 2 of 10 Goods and Services Agreement Rev. 04/2023 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Page 3 of 10 Goods and Services Agreement Rev. 04/2023 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. Page 4 of 10 Goods and Services Agreement Rev. 04/2023 VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: Page 5 of 10 Goods and Services Agreement Rev. 04/2023 blanket contractual; products/completed operations/broad form property damage; and employer's liability C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement Page 6 of 10 Goods and Services Agreement Rev. 04/2023 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under Page 7 of 10 Goods and Services Agreement Rev. 04/2023 any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Chad Hantelman Attn: Mike Clute City of Bremerton Core & Main 100 Oyster Bay Ave N 602 Valley Ave NE Bremerton, WA 98312 Puyallup, WA 98372 Mike.clute@coreandmain.com M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. . Q. Entire Agreement. The written provisions and terms of this Agreement, together Page 8 of 10 Goods and Services Agreement Rev. 04/2023 with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON CORE & MAIN By: By: Print Name: Greg Wheeler Print: Name: Mike Clute Its: Mayor Its: District Manager Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev. 04 2023.docx Page 9 of 10 Goods and Services Agreement Rev. 04/2023 EXHIBIT A Scope and Fees Page 10 of 10 Goods and Services Agreement Rev. 04/2023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 This Voids and Replaces Previously Issued Certificate Dated 03/19/2026 WITH ID: W44774082. Job Location: Bremerton, WA #4698879 SEE ATTACHED City of Bremerton 345 6th St, Ste. 100 Bremerton, WA 98337 Page 1 of 2 03/25/2026 Willis Towers Watson Certificate Center 1-877-945-7378 1-888-467-2378 certificates@willis.com Greenwich Insurance Company XL Insurance America Inc AXIS Surplus Insurance Company 22322 24554 26620 W45101600 2,000,000 2,000,000 15,000 2,000,000 4,000,000 4,000,000 5,000,000 SIR: Each Occurence$1,000,000 Y Y RGE3002852 08/01/2025 08/01/2026 08/01/202608/01/2025RAD9439188A A B B B Per Statute - AK, DE, WI 10,000 No Workers Compensation and Employers Liability US00155968LI25A 08/01/2025 RWD3002853 08/01/2025 RWR3002854 08/01/2025 08/01/2026 08/01/2026 E.L. EACH ACCIDENT08/01/2026 E.L. DISEASE - EA EMP E.L. DISEASE-POL LMT $1,000,000 $1,000,000 $1,000,000 10,000,000 10,000,000 1,000,000 1,000,000 1,000,000 437847929628714SR ID:BATCH: ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 Per Project Aggregate applies where required by contract. Job: BREMERTON 1ST STREET PRV STATION Coverage for Contractual Liability and Severability of Interests are Included under General Liability. The City is included as an Additional Insured as respects to General Liability where required by written contract. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured where required by written contract. Waiver of Subrogation applies in favor of the City with respects to General Liability where required by written contract. INSURER AFFORDING COVERAGE: AXIS Surplus Insurance Company NAIC#: 26620 POLICY NUMBER: CM006497-02-2025 EFF DATE: 08/01/2025 EXP DATE: 08/01/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor’s Professional Liab Each Claim/Agg $5,000,000 Contractor’s Pollution Liab Each Claim/Agg $5,000,000 Sub Gap Indemnity Each Sub Gap/Agg $5,000,000 ADDITIONAL REMARKS: Policy Aggregate per Policy Period $5,000,000 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W45101600CERT:4378479BATCH:29628714SR ID: POLICY NUMBER: RGE3002852 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. All locations where you are performing ongoing operations for such additional insured pursuant to any such written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: RGE3002852 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. All locations where you are performing ongoing operations for such additional insured pursuant to any such written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER: RGE3002852 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: RGE3002852 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 25, 2026 Goods and Services Agreement with North Coast Electric Company for Purchase of Multiple Lift Station Programmable Logic Controllers and Variable Frequency Drive Replacements COUNCIL MEETING Date: April 1, 2026 Department: PW&U Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: This project encompasses the replacement of Programmable Logic Controllers at the following lift stations: CE-4; CE-6; OB-1; CE-1 and EB-2. This project also includes the replacement of Variable Frequency Drives at lift station CE-6. Components will be installed/programmed by City of Bremerton staff. The projected costs of the project are $189,462.93. ATTACHMENTS: Goods and Services Agreement; Sales quotes from North Coast; and sole source memo FISCAL IMPACTS (Include Budgeted Amount): Project cost of $189,462.93 will be funded through Wastewater Capital Improvement budget. Fund 454: Department 325; Budget Code 594.35325; Account 56310 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Goods and Services Agreement with North Coast Electric Company for purchase of new Variable Frequency Drives and Programmable Logic Controllers for $189,462.93, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 B5 Page 1 of 9 Goods and Services Agreement Rev. 04/2023 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and North Coast Electric Company ("Vendor"), whose mailing address is: 2450 8th Avenue South, Suite 200, Seattle, WA 98134. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Multiple Lift Station PLC and VFD Replacement per the following quotes: Quote No. Lift station Cost Tax Total S014808824 CE-4 PLC $19,346.21 $1,779.85 $21,126.06 S014808798 CE-6 PLC $19,318.75 $1,777.33 $21,096.08 S014808786 OB-1 PLC $11,318.48 $1,041.30 $12,359.78 S014808809 CE-1(PLC #1) $18,818.88 $1,731.34 $20,550.22 S014808799 CE-1(PLC#2) $19,880.52 $1,829.01 $21,709.53 S014808821 CE-6 VFDs $23,907.75 $2,199.51 $26,107.26 S014808724 EB-2 PLCs $20,223.08 $1,860.52 $22,083.60 II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 14 weeks lead time from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $145,032.53, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: 30 Days from receipt of invoice A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services until remedied. Vendor must diligently pursue the remedy, and the ability to cure the defect shall expire 60 (sixty) days from the date of notification by the City. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an Page 2 of 9 Goods and Services Agreement Rev. 04/2023 independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events, which, except with respect to subpart D or E below, Vendor fails to commence to cure within ten (10) business days of its receipt of the City’s notice thereof and diligently prosecute to completion thereafter: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with applicable federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything Page 3 of 9 Goods and Services Agreement Rev. 04/2023 required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interp retations, and determination). VII. CLAIMS; LIMITATION OF LIABILITY. The Vendor shall give written notice to the City of all claims for additional payment or time other than change orders within thirty (30) calendar days of the occurrence of the events giving rise to the claims. Any claim additional payment for any reason or extension of time under this Agreement, shall be conclusively deemed Page 4 of 9 Goods and Services Agreement Rev. 04/2023 to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within thirty (30) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY SUCH CLAIM ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 1 year from the date the contract work is complete. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL: (A) EITHER PARTY, ITS AFFILIATES, OR ITS/THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE, UNDER ANY LEGAL THEORY, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR INDIRECT DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF USE, TIME, DATA, PROFITS, OR INCOME, ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND WHETHER OR NOT IT OR THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (B) VENDOR’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THREE TIMES THE VALUE OF THE GOODS AND SERVICES TO BE PROVIDED HEREUNDER PROVIDED, HOWEVER, THE FOREGOING LIMITATIONS SHALL NOT APPLY TO: (I) VENDOR’S CONTRACTUAL INDEMNITY OBLIGATIONS HEREUNDER FOR THIRD-PARTY CLAIMS; OR (II) EITHER PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's receipt of the contract work. When defects are corrected, the Vendor’s warranty for that portion of the work shall only extend to the end of the original one year warranty period for such work from the date such correction is completed and received by the City. The Vendor shall begin to correct any defects within ten (10) business days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may, after providing the Vendor with at least five (5) business days’ written notice, complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. Vendor hereby assigns, effective with passage of title, any assignable manufacturer or supplier warranties for the goods provided hereunder, and Vendor will perform its obligation so such warranties remain in full force and effect. Vendor agrees to assist the City with making or settling claims under such warranties, but Vendor is not obligated to litigate to enforce any such claim or settlement. Page 5 of 9 Goods and Services Agreement Rev. 04/2023 EXCEPT AS EXPRESSLY PROVIDED ABOVE, VENDOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GOODS, SERVICES, OR WORK PROVIDED HEREUNDER AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDOR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, THE CITY’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY WITH RESPECT TO A GOOD, SERVICE, OR WORK IS REPAIR OR REPLACEMENT OF THE GOOD, RE-PERFORMANCE OF THE SERVICE OR WORK, OR CREDIT IN THE AMOUNT OF THE PURCHASE PRICE PAID, AT VENDOR’S OPTION, OR FAILING THE SAME, SELF-CURE AS PROVIDED ABOVE. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all reasonable legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, but only to the extent caused by Vendor’s negligence, willful misconduct, or violation of applicable laws. Vendor’s obligation to indemnify shall not extend to that portion of damages to the extent caused by the City’s negligence or willful misconduct. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that are caused, in whole or in party, by the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: Page 6 of 9 Goods and Services Agreement Rev. 04/2023 A. Automobile Liability insurance with limits of $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits of $1,000,000 limit per occurrence and aggregate. D. Intentionally OMitted. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits of $1,000,000. Any payment of deductible or self-insured retention under the required policies shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be added as an additional insured on the Commercial General Liability insurance policy required hereunder, as respects work performed by or on behalf of the Vendor. The Vendor's Commercial General Liability insurance required hereunder shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies, but such waiver shall only apply to the extent permitted by law and to the extent of Vendor’s contractual indemnification obligations hereunder. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a certificate of insurance as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O Page 7 of 9 Goods and Services Agreement Rev. 04/2023 taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: , 1. Specifications, 2. Proposal, and 3. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all applicable federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Intentionally Omitted. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to Vendor’s materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance Page 8 of 9 Goods and Services Agreement Rev. 04/2023 with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Eric Burris Attn: VP Finance City of Bremerton North Coast Electric Company 345 6th Street, Suite 100 2450 8th Avenue South Bremerton, WA 98337-1891 Suite 200 Seattle, WA 98134 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. . Q. Entire Agreement. The written provisions and terms of this Agreement, together Page 9 of 9 Goods and Services Agreement Rev. 04/2023 with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON NORTH COAST ELECTRIC COMPANY By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Chance Berthiaume Digitally signed by Chance Berthiaume Date: 2026.03.04 15:05:01 -08'00' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 25, 2026 Resolution to place a Property Tax Levy Increase for Additional Public Safety Services on the August 4, 2026, Primary Ballot COUNCIL MEETING Date: April 1, 2026 Department: Fire Presenter: P McGanney Phone: (360) 473-5380 SUMMARY: The Bremerton Fire provides public safety services to the citizens of Bremerton. The Fire Department is asking for a property tax increase of $.48 per thousand of assessed valuation. This property tax increase will fund 9 new fire department FTE’s, training necessary to support these new employees, new fire apparatus and equipment, remodel of fire station one and long-term funding for future fire apparatus. ATTACHMENTS: Resolution No.____; 2) Proposition No. 1 Explanatory Statement; and 3) Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): This property tax increase will generate approximately 3 million dollars per year. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing Move to approve Resolution No. ____ as presented COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 B6 Page 1 of 3 Property Tax Levy Increase RESOLUTION NO. _____ A RESOLUTION of the City Council of the City of Bremerton, Washington, providing for the submission to the qualified electors of the City of Bremerton at a special election to be held in conjunction with the state primary election on August 4, 2026 of a proposition authorizing the City to increase its regular property tax levy above the limit established in chapter 84.55 RCW to provide for the continual provision of public safety and other governmental services, including funding for firefighting equipment, staffing, and facilities, in order to better serve and protect the community; setting forth the ballot title therefore; requesting that the Kitsap County Auditor place the proposition on the August 4, 2026 ballot; and fixing the time when the same shall become effective. WHEREAS, the City Council of the City of Bremerton, Washington (the "City") desires to provide for the continual provision of public safety and other governmental services, including providing for firefighting equipment, staffing, and facilities; WHEREAS, the City's regular property tax levy is a major source of general fund revenue paying for the costs of the City's general government services, including public safety services and other governmental services; WHEREAS, the costs of providing such City services have increased over time due to economic inflation and growth in the City, yet the City's regular property tax levy has not kept pace with inflation and growth; WHEREAS, to provide for the foregoing, the City needs additional funds to supplement existing City general fund revenue which is applied for these purposes; WHEREAS, the City's current regular property tax levy is $1.47 per $1,000 of assessed value, which is $1.905 per $1,000 of assessed value less than what is statutorily authorized; WHEREAS, RCW 84.55.050 provides for the levy of regular property taxes in an amount exceeding the limitations specified in chapter 84.55 RCW if such increased levy is authorized by a ballot proposition approved by a majority of the voters at an election held within the taxing district (a "levy lid lift"); WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to submit a levy lid lift proposition under RCW 84.55.050(1) to the voters for their approval or rejection; and NOW THEREFORE, the City of Bremerton does ordain as follows: Page 2 of 3 Property Tax Levy Increase SECTION 1. Call for Election. Pursuant to RCW 84.55.050, the Bremerton City Council hereby calls for the submission of a proposition to the qualified electors of the City asking whether the City shall levy regular property taxes in excess of the limitation established in RCW 84.55.010. The Kitsap County Auditor, as ex officio supervisor of elections in Kitsap County, is hereby requested to call and conduct a special election in the City in conjunction with the primary election on August 4, 2026, for the levy lid lift as further described in Section 2. SECTION 2. Description of Levy Lid Lift. The proposition to be submitted to the qualified voters of the City for their approval or rejection is to authorize an increase in the City's regular property tax levy by $0.48 per $1,000 of assessed value, to a total regular property tax levy rate of $1.95 per $1,000 of assessed value, for collection beginning on January 1, 2027. The additional regular property taxes authorized by the proposition would be subject to the exemption for qualifying seniors, veterans, and others in RCW 84.36.381. The dollar amount of the levy in 2027 would be used for the purpose of computing the limitations on subsequent levies provided for under chapter 84.55 RCW. If approved, the levy lid lift would provide for the continual provision of public safety services, including funding for firefighting equipment, fire department staffing, and facilities, and other governmental services. SECTION 3. Ballot Proposition. The City Clerk is hereby authorized and directed, not later than May 1, 2026, to certify a proposition to the Kitsap County Auditor, as ex officio supervisor of elections in Kitsap County, Washington, in substantially the following form: CITY OF BREMERTON PROPOSITION NO. I PUBLIC SAFETY AND GOVERNMENTAL SERVICES LEVY The Bremerton City Council adopted Resolution ___ concerning property taxes for public safety and governmental services. If approved, this proposition would fund City services, including firefighting equipment, staffing, and facilities. It would increase the City's regular property tax rate by $0.48 to a total authorized rate of $1.95 per $1,000 of assessed value for collection in 2027. The 2027 levy amount would be used to calculate subsequent levies. Should this proposition be approved? YES_____ NO_____ SECTION 4. Changes. The Mayor and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Kitsap County Auditor, as long as the intent of the proposition remains clear and consistent with the intent of this resolution as approved by the City Council. SECTION 5. Notices Relating to Ballot Proposition. For purposes of receiving notice of the exact language of the ballot proposition required by RCW 29A.36.080, the City Council hereby designates the City Clerk. Page 3 of 3 Property Tax Levy Increase SECTION 6. Corrections. The City Clerk and the Clerk’s delegees are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, resolution numbering, section/subsection numbers and any references thereto. SECTION 7. Severability. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 8. Effective Date. This resolution 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 ____________________, 20___. _________________________________ JANE REBELOWSKI, Council President Approved this _______ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. RESOLUTION NO. _______. THE CITY OF BREMERTON PROPOSITION NO. 1 PUBLIC SAFETY AND GOVERNMENTAL SERVICES LEVY EXPLANATORY STATEMENT Chapter 84.55 RCW provides that the City of Bremerton, a taxing district, may increase its regular property tax levy for services, including for personnel, training for such personnel, equipment, supplies, vehicles, and structures needed for the provision of public safety and for other governmental services. This increase will be for an amount up to, but not exceeding, forty- eight cents ($.48) per thousand dollars ($1,000) of assessed value of property in the taxing district. This levy can be approved with a simple majority vote. Effect of the proposed measure, if it becomes law: The City of Bremerton adopted Resolution No. , which contains a proposition to be submitted to the qualified voters of the city for approval or rejection of an additional property tax levy to fund public safety, including funding for firefighting equipment, staffing, and facilities, and other governmental services. If approved, the City of Bremerton will levy additional regular property taxes in an amount up to forty-eight cents ($.48) per thousand dollars ($1,000) of assessed property value. If approved, the City of Bremerton will increase the regular property tax rate by $0.48 to a total authorized rate of $1.95 per $1,000 of assessed value for collection beginning on January 1, 2027. The 2027 levy amount will be used as the basis to calculate subsequent levies. 2026 Levy Lid Lift Proposal Protecting Reliable Emergency Response in Bremerton What We’re Asking: Hiring Additional Staff Updating Fire Apparatus and Facilities An Established Fund for Future Expenses Enhanced Public Safety for the Community To put a proposition to the voters to approve a $0.48 property tax lid lift to finance: 2026 Levy Lid Lift Proposal 772 611 468 371 BFD SKFR CKFR *NK Agencies *North Kitsap Fire & Rescue, Poulsbo Fire, Bainbridge Island Fire Average Annual Call Volume Per FirefighterWhy We’re Asking Demand for service is rising and staffing is stretched, creating a dangerous situation for the public and firefighters. Action is needed to maintain response reliability and safety. Area of Need: Staffing 2026 Levy Lid Lift Proposal Staffing is outpaced by Call Demand •Call volume has risen 24.2% in the last 10 years while staffing levels have stagnated. •52.3% of the time, BFD is responding to concurrent calls. 8,000 8,500 9,000 9,500 10,000 10,500 11,000 11,500 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Calls for Service 24% Staffing Numbers are not up to Standards 2026 Levy Lid Lift Proposal •Fire Engines 2 & 3 are currently staffed with only two firefighters. This is a problem. •WAC 296-305-05002 requires that no less than 3 personnel be present for a rescue. •Absent a rescue, firefighters must not engage in interior structural firefighting without 2 firefighters on standby outside .2-in / 2-out System Compliance with WAC and national standards of best practice. Improved response effectiveness. Increased firefighter and public safety. What an Additional 9 Firefighters Achieves: Area of Need: Apparatus Bremerton Fire front line and reserve vehicles are aging towards obsoletion. Aging vehicles means increased maintenance downtime and cost. Modernizing BFD’s apparatus means more reliable response and enhanced public safety. 2026 Levy Lift Proposal Apparatus Reserve Apparatus - 2004 BPD’s Frontline apparatus is scheduled to age out to Reserve in 2028 or 2029 and manufacturing for new fire engines will take about 2 years. Ladder trucks may take 3 to 6 years. Need to act now to purchase new trucks to keep apparatus in working order. This funding would pay for two new fire engines and a ladder truck. 2026 Levy Lift Proposal Apparatus Frontline Apparatus - 2018 Area of Need: Facilities Modernizing BFD Facilities Station 1 lacks adequate bedrooms for current staffing levels. Increased staffing necessitates remodel and expansion. Need for more bedroom, bathroom, and laundry room space. Financial Planning & Impact Responsible Long-Term Financial Planning: Equipment Rental & Revolving Fund (ER&R) An established ER&R fund ensures that BFD has consistent funding for purchasing, repairing, and replacing vital equipment like engines, trucks, and specialized apparatus. There is currently no ER&R funding for BFD. Funds from the levy lid lift would be set aside in the ER&R fund to better plan for future Financial Picture $0.48 per $1,000 of Assessed Value funds: Staffing Safety compliance Reliable apparatus Long-term fiscal stability Bond One time funding source Allows for Capital Purchases only (No Staffing) Election Cost $15,000 to $20,000 Current interest rate 3.4% on 10-year term Why Levy Lift and not a Bond? Property Tax Levy Allows for long term funding Allows for adding staff and equipment Election Cost $15,000 to $20,000 Interest $0 A Levy funds services directly-without long term debit or interest costs A 10-year municipal bond for $7,500,000 at 3.4% interest = annual payment of $897,271. Total interest over 10 years: $1,472,706. Published for March 25 Study Session Public Comments Item B6 From:Tom Wolfe To:Greg Wheeler; City Council; Michael Goodnow; Rick Tift; Christy Cammarata; Jane Rebelowski; Denise Frey; Anna Mockler; Jennifer Chamberlin Cc:Patrick McGanney Subject:Support for Bremerton Fire Levy Date:Wednesday, March 25, 2026 8:26:05 AM Dear Members of the City Council and Mayor Wheler, I am writing to express my strong support for the Bremerton Fire Department’s request for a levy to replace critical apparatus and prepare for the future safety needs of our growing city. Fire Chief Patrick McGanney has demonstrated clear leadership by placing public safety at the forefront, in alignment with the goals set by the Council this year. Fire apparatus and emergency equipment are significant investments, and failing to proactively plan for their replacement places the community at unnecessary risk. Currently, there is no sustainable plan in place to address these critical and costly needs. Chief McGanney’s efforts represent responsible, forward-thinking leadership by bringing this issue to the community and seeking a solution before it becomes a crisis. This levy is not simply about replacing equipment—it is about ensuring that our firefighters can respond effectively, safely, and without delay. It is also about maintaining the high level of service our residents expect and deserve as Bremerton continues to grow. I also want to address a misconception that has surfaced suggesting division between public safety agencies. Having worked alongside Chief McGanney throughout my entire career, I can say without hesitation that he is deeply committed to this city and to the well-being of its residents. His priorities directly align with those of the police department: protecting lives, serving the community, and planning responsibly for the future. The fire service is an invaluable partner, and strong collaboration between our departments is essential to public safety. To not support the fire department at this critical time—without a clear and sustainable plan for the future—is to risk falling behind as a city. This is a pivotal moment to act decisively and responsibly. I strongly support Chief McGanney, the Bremerton Fire Department, and the City of Bremerton. When two Chiefs with nearly 80 years of combined experience speak to an issue of this importance, I respectfully urge the Council to listen carefully. I have personally responded to countless emergency calls in service to this community—quite literally putting myself on the line—and I recognize the importance of ensuring our partners in the fire service have the tools they need to do the same. Thank you for your time, consideration, and continued commitment to public safety. Respectfully, Tom Wolfe, Chief of Police BREMERTON POLICE DEPARTMENT 360.473.5841 (Office) www.ci.bremerton.wa.us/335/Police-Department www.facebook.com/BremertonPD www.twitter.com/BremertonPDey AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 25, 2026 Discussion on increasing the current Transportation Benefit District funding and how additional revenue generated could be used to improve local roads COUNCIL MEETING Date: April 15, 2026 Department: Public Works & Utilities Presenter: Ron Moore Phone: (360) 473-5303 SUMMARY: Following an initial TBD discussion in 2025, Finance returned on February 25, 2026 with the requested information on the history of the Transportation Benefit District (TBD), including projects and purchases funded through TBD revenues. Expenditure data was provided for the most recent five-year period. Public Works was asked to return to this Study Session with information outlining potential projects that could be accomplished with additional TBD funding. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Increase Vehicle Licensing Fee from $20 to $40, estimated annual revenue increase of $600,000. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 B7 Form Updated 4.19.2024 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: 2027-2028 Budget Preparation Discussion Study Session Date: March 25, 2026 Presenter: President Jane Rebelowski and Councilmember Michael Goodnow Phone: 360-473-5280 SUMMARY: Council President Rebelowski and Councilmember Goodnow will share key takeaways from the March 19 City Budget 101 workshop, including feedback received from community members regarding priorities for City services. BACKGROUND: In preparation for the 2027–2028 budget process, the City is conducting community outreach to better understand resident priorities and perspectives on City services. The March 19 City Budget 101 workshop served as an opportunity to engage the public, provide an overview of the City’s budget, and gather feedback. Input received through this process will help inform Council discussions and decision-making as the City develops the upcoming biennial budget. Additional community engagement opportunities are anticipated throughout the budget process, including a community survey. This item is for informational purposes only; no action is requested. HANDOUTS: Budgeting with Bremerton PowerPoint and City of Bremerton Services/Function Checklist. B8 Budgeting with Bremerton City of Bremerton March 19, 2026 1 Agenda 01. Introduction 02. What Services Bremerton Provides 03. 2026 Budgeted Costs (Payroll vs Other) 04. Transparency – What can the City do better? 2 "Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction and skillful execution." Total General Fund Expenditure Budget = $66,700,000 •Public Safety •Police & Fire •Courts •Parks and Recreation •Mayor •City Council •Human Resources •Diversity Engagement •Community Development •Code Enforcement •Internal Audit 70% ($46,620,000) of Total Budget is Staff Labor Costs •Finance •City Attorney •City Clerk •Public Defender •Prosecutors Office •Tax and Licensing •Facilities •Police and Fire Pension •Animal Control •Engineering GENERAL FUND SERVICES 3 Services Continued Affordable Housing $1.7million Streets Operations $3.6 million Abatement $110k Special Revenue Funds Other funds in the City that provide service 4 Services Continued Bremerton Kitsap Access TV $650k The Arts $10k Conference Center $1.9 million Block Grant $750k Special Revenue Funds Other funds in the City that provide service 5 Services Continued Utility Funds Proceeds can only be used to benefit the intended fund For Example: water rates can only be spent on Water Services Water Operations: $18,856,697 Capital: $9,408,559 Wastewater Operations: $20,575,964 Capital: $16,403,030 Stormwater Operations: $7,358,737 Capital: $5,967,495 6 Transparent Budget: What does that mean to you? Surveys? Workshops? Other? 7 Priority Budgeting Exercise! 8 Function / service State-mandated for Bremerton? Charter-mandated for Bremerton? Can be contracted / shared / flexible?Notes Source URLs Mayor-council city government Yes Yes No First-class cities are governed as charter cities under state law, and Bremerton's charter provides the local structure. https://app.leg.wa.gov/Rcw/default.aspx?cite=35.22.010; https://mrsc.org/explore- topics/government-organization/cities/first-class-cities City council / legislative body Yes Yes No Core municipal governance is required; Bremerton's charter vests legislative powers in council. https://app.leg.wa.gov/Rcw/default.aspx?cite=35.22.010; https://www.bremertonwa.gov/DocumentCenter/View/84 Mayor / executive administration Yes Yes No Bremerton's charter makes the mayor the chief executive and administrative officer and requires budget submission and law enforcement oversight. https://www.bremertonwa.gov/DocumentCenter/View/84 City Attorney Indirectly / functionally yes Yes Bremerton's charter expressly requires a City Attorney and defines duties.https://www.bremertonwa.gov/DocumentCenter/View/84 City Clerk / ordinance records Yes, in substance Yes No practical substitute for the function Bremerton's charter requires a City Clerk and requires ordinances/resolutions to be authenticated, recorded, and available for inspection. https://www.bremertonwa.gov/DocumentCenter/View/84; https://app.leg.wa.gov/rcw/default.aspx?cite=42.56&full=true Treasury / custody of city funds / budgeting Yes Yes Function can be organized internally, but must be performed Bremerton's charter requires custody/accounting of city funds and a fiscal year/budget structure. https://www.bremertonwa.gov/DocumentCenter/View/84 Open public meetings compliance Yes Not just local choice No City council meetings must be open to the public, with agenda and public comment requirements as provided by statute. https://app.leg.wa.gov/rcw/default.aspx?cite=42.30&full=true Public records compliance Yes Not just local choice No Cities are local agencies under the Public Records Act and must make nonexempt records available. https://app.leg.wa.gov/rcw/default.aspx?cite=42.56&full=true Comprehensive planning / development regulations under GMA Yes Reflected locally, but state-driven No Cities planning under RCW 36.70A.040 must adopt and periodically review comprehensive plans and development regulations. https://app.leg.wa.gov/rcw/default.aspx?cite=36.70a.040; https://app.leg.wa.gov/rcw/default.aspx?cite=36.70a.070; https://app.leg.wa.gov/rcw/default.aspx?cite=36.70a.130 Police protection as a function Yes, as a public-safety function Locally assumed Yes State law does not mandate a specific staffing level or service level, and cities may use service-delivery options including contracting. https://mrsc.org/explore-topics/public-safety/law-enforcement/city-law-enforcement- services; https://mrsc.org/explore-topics/public-safety/law-enforcement/interlocal- cooperation-in-law-enforcement Police department operated directly by the city No clear universal state mandate Not clearly required as a separately named department Yes Bremerton's charter includes full-time paid police employees in civil service, suggesting local operation now, but that is different from a statewide mandate that every city run its own department. https://www.bremertonwa.gov/DocumentCenter/View/84; https://mrsc.org/explore- topics/public-safety/law-enforcement/city-law-enforcement-services Fire protection as a function No specific statute requiring direct city provision Locally assumed in charter civil service provisions Yes MRSC states no statute specifically requires cities to provide fire protection services; cities may provide it directly, by contract, annexation, or regional authority. https://mrsc.org/explore-topics/public-safety/fire-ems/fire-services-authority; https://www.bremertonwa.gov/DocumentCenter/View/84 Fire department operated directly by the city No Not clearly mandated as a separately required department Yes Bremerton's charter includes full-time paid fire employees in civil service, but state law leaves service-delivery method flexible. https://www.bremertonwa.gov/DocumentCenter/View/84; https://mrsc.org/explore- topics/public-safety/fire-ems/fire-services-authority Civil service system Conditionally yes Yes Limited flexibility If the city has more than two full-time law-enforcement officers, police civil service is required unless an equivalent local system exists; Bremerton's charter establishes a broader civil service system. https://mrsc.org/explore-topics/public-safety/law-enforcement/city-law-enforcement- services; https://www.bremertonwa.gov/DocumentCenter/View/84 Parks / recreation No No clear charter mandate Yes Common city service, but not a universal state-mandated city-run service.https://www.bremertonwa.gov/DocumentCenter/View/84 Emergency medical services No universal requirement that the city directly operate EMS No clear charter mandate Yes Can be delivered through fire, county, district, contract, or regional systems.https://mrsc.org/explore-topics/public-safety/fire-ems/fire-services-authority Road Infrastructure Budgeting and Planning for Yes No No RCW 35.77 requires a six-year Transportation/Street Program TIP https://app.leg.wa.gov/rcw/default.aspx?cite=27.12 Classification of items as state-mandated, charter-mandated, or flexible/contractable Bremerton Service / Function Checklist Form Updated 4.19.2024 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Review of Rule 9, Items 2 (Public Comment) and 3 (Public Recognition) of the Council’s Rules & Procedures STUDY SESSION Date: March 25, 2026 Presenter: Council President Jane Rebelowski City Attorney Kylie Finnell Phone: 360-473-5280 SUMMARY The Council will continue discussion on proposed updates to the City Council Rules and Procedures, specifically Rule 9, Items 2 (Public Comment on Agenda Items) and 3 (Public Recognition). The goal is to finalize recommended updates to these sections of the Rules and Procedures and be able to review the remaining Rules and Procedures to determine whether consensus can be reached on all proposed updates. If additional review is needed, final discussion will take place at the April 8 Study Session. As changes to this document are adopted by Resolution, the Council has expressed a desire to incorporate all updates into a single Resolution. Following completion of the Rules and Procedures, the Council will review proposed updates to the Agenda Bill Policy and Form. This is anticipated to occur at the April 8 Study Session, depending on the outcome of the Rules and Procedures. Additional related documents, including the Council Code of Conduct, Roles and Responsibilities, and Council Committees, are expected to be reviewed at the April 22 Study Session. If consensus is reached in all areas, a Resolution reflecting the updates will be brought to the May 6 Regular Meeting for Action. HANDOUTS: Summary of consensus reached during March 11 Study Session on Item 2 (Public Comment on Agenda Items) and Councilmember feedback from the March 18 Regular Meeting on Item 3 (Public Recognition). B9 Bremerton City Council Rules & Procedures DISCUSSION OF COUNCIL RULE #9 ITEMS 2 AND 3 ______________________________________________________________ 3/11/26 Study Session Discussion Item 2 Public Comment (Consensus was reached as all Councilmembers were present) • Time limit - 90 seconds per speaker. There was discussion about limiting overall Public Comment to 15 or 30 minutes and giving preference to those individuals who are residents of the City. No formal decision. • Sign-in – establish a sign-in sheet indicating name and specific agenda item for in person Public Comment (items on either the Consent Agenda or General Business). • Remote Participation - 24-hr advance registration via Zoom for remote participants. Work with IT to set up advance registration procedures. • Education – o Create a slide to be shown at the start of every meeting to reflect the code of conduct for community participation o Have President prepared to respond to anyone who engages in hate speech or personal attacks of staff or a Councilmember. Speakers will be reminded of the process to submit a formal complaint, as per the Council Rules & Procedures. o Information on this process will be posted on the City Council webpage 2 Bremerton City Council Rules & Procedures DISCUSSION OF COUNCIL RULE #9 ITEMS 2 AND 3 ______________________________________________________________ 3/18/26 Regular Business Meeting Comments on Item 3 Public Recognition (No consensus was reached as two Councilmembers were absent) Council District 1: Jennifer Chamberlin (absent) Council District 2: Denise Frey • Bring back public’s ability to address Council • Important part of Council’s responsibility • Feel strongly about that and should have that access back in person • Moderate timing/time limits (supports 90 sec) • Where it happens on agenda (after business?) Council District 3: Christy Cammarata • Doesn’t have a difference of opinion between public comment and public recognition • Supports 90sec and likes this not set in stone, see how that would work • Supports name change Council District 5: Michael Goodnow • Having PR can be disruptive during a business meeting • Possible 50/50 split, some comments at beginning and some at end • Open to idea of “open mic” on 1st Wednesday of each month • Comfortable with 90sec • Focus on city business, not a discussion/could set up a meeting after to address the issue • Come together as a community and made it work • Liked idea of roster, would help the Chair manage time for comments (respectful of everyone’s time), could also be used for online speakers. Council District 6: Anna Mockler (absent) Council District 7: Rick Tift • We need an opportunity for the public to speak to the Council • Supports 90sec, but likes 2 min • Would like structure, a roster of people who sign in (vs. lining up) – bring some order • Distinguish between comments to be made on agenda items (or general city business or “shout out” for community volunteers/groups) 3 Bremerton City Council Rules & Procedures DISCUSSION OF COUNCIL RULE #9 ITEMS 2 AND 3 ______________________________________________________________ Council District 4 Jane Rebelowski • We can’t require a roster/having people signing roster • Start off with Y/N then why for comments • We don’t ask people to indicate their address, but we hope to receive comments from our residents • Supports no more than 90 sec Seeking Community Input On: 1. What to call Public Recognition/Open Mic. 2. Where to place Public Recognition/Open Mic on the agenda. 3. Please note Council will continue with written comments accepted by Tuesdays at Noon. 4 Resident Feedback on Naming Public Recognition, updated as of March 24: 1. 3/19/2026 from Mary Lou Long: Upon thinking about what the council could call that time where citizens can speak on issues important to them, I would like to suggest the following names for that part of city council meetings. • Community contributions • Citizen Participation • Citizen Contributions • Public input • Community input • Voices of the city • Public comments • Praise and Complaints • Voices from the community 2. Another suggestion from a community member: • Community Comments 3. Diane Manning, per March 24 email supported • Citizen Comments 4. Christie Schultz, per March 22 email suggested • “Constructive improvement suggestions from the public" something along those lines. Published for March 25 Study Session Public Comments Item B9 From:Mary Lou Long To:City Council Subject:New name for "Public Recognition" Date:Thursday, March 19, 2026 1:35:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Upon thinking about what the council could call that time where citizens can speak on issues important to them, I would like to suggest the following names for that part of city council meetings. 1. Community contributions 2. Citizen Participation 3. Citizen Contributions 4. Public input 5. Community input 6. Voices of the city 7. Public comments 8. Praise and Complaints 9. Voices from the community From:Mary Lou Long To:City Council Subject:"Public recognition" Date:Thursday, March 19, 2026 4:30:39 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The council is leaning toward giving citizens 90 seconds to present their concerns. Personally, I feel this is not enough time for many citizens to get their presentation complete as many are not comfortable with public speaking and may need at least 2 minutes to get through their presentation. I realize 2 minutes per person could add up to hours depending on how many people have something to say. But, I believe at most normal council meetings there may only be 5 or 6 with something to convey. This would only add half an hour to any meeting. In listening to council comments and reports as I observe, each council member has taken more than 2 minutes to share their information. It only seems fair that the citizens should be given enough time, closer to the amount each council member has to make their presentations. On those occasions when there is a very hot topic and large groups of people wish to speak on those topics, that a shorter amount of time could be the option for council to reduce public testimony to 90 seconds. In the event a citizen can not completely provide all their information to the public, and the council members that the citizen should be advised that a written statement be provided in addition to their 2 minute speech for the full body of information that the citizen is trying to convey. From:christie schultz To:City Council Subject:public recognition Date:Sunday, March 22, 2026 11:21:32 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Suggestions for "public recognition" If you think about it (I've been following for a while) there are only so many things citizens get up and speak about at City Council meetings (and yes I'm in favor of it because someone might be homeless or unable to afford cable bills, or might be dyslexic and can't write.) People talk about 1) Homelessness 2) improvement for the city 3) taxes and budget 4) spew hate speech and 5) pure nuts. Number one: Perhaps you could hold a town hall once a month to address all homelessness issues. A LARGE percentage of the griping was about this subject, Anna Mockler has done some wonderful town halls for this situation, and things continually improve. Again, if the mentally infirm and drug addicts were institutionalized (short term or long term) much of this would go away. IMHO a lot of the griping was from hustlers trying to shake you down for money. It happens. Number two: "Fix the City" This would take in a lot, such as "my sewers are clogged" or "our pipes broke" or "my bus is always late" "help us clean up the stray cat colony" these are the truly important public issues and what City meetings should be there to address. We should ALL be here for the good of the community. Number Three: Taxes and Budget: I would insist that any public complaint regarding this subject be put on paper and sent in. Most people just want to gripe, and can't do the math. Sad. Number four: To insure decorum, I think you have to take a stand, much as a judge might in their courtroom. If someone gets on Zoom and spews hate speech (anti Semitic, homophobic etc) that is NOT free speech, it is a psychological attack. We were not the only town hall meeting targeted by the nut job anti-Semitic rants (I was there that night) this is a psy-ops tactic. If necessary, pass an ordinance to allow the "mute" button to be used in such cases, as being disruptive to the good of the community. People arriving with religious messages (especially involving homophobia) could be told they are disruptive to the Constitutional rights of others, and perhaps be escorted to a nice soap box outside on the front steps where they can spew freely. Don't let yourself be bullied by these self-righteous jack-asses. THEY ARE INFRINGING ON THE CIVIL RIGHTS OF THE REST OF US. If the same nutjobs were using the "N" word or spewing hate about women, you'd put a stop to it I bet!!!! Put it this way, we don't have everyone off mute on Zoom for meetings or it would be chaos, right? The ACLU has yet to complain. Set boundaries. Hate speech is chaotic. Don't allow it, Zoom has a mute button for a reason. If necessary, make EVERY speaker sign a waiver that they will respect decorum, and not infringe on the Constitutional rights of others during their speaking time, and will adhere to Robert's rules of order. Provide a nice hand-out of Robert's Rules for those who are ignorant of this. Number 5) Pure nuts can be dangerous, it feels vulnerable in your meetings. I think having an armed officer (a big strong one) at meetings is a very good idea. See above about escorting them outside to the soap box. It's even possible you might get a restraining order against Joe Camancho if you find the right judge, show some of the past videos. He's infringed on MY civil rights by being the central cause for this moratorium on public recognition. He's a bully. To find another name/lable: I think you need to bring the PURPOSE of public speaking into focus. The reason for public input is to improve our community, not create chaos nor allow self-aggrandizing. Perhaps you could call it "Constructive improvement suggestions from the public" something along those lines. The only real input which furthers the well-being of Bremerton is #2, "Fix the City" ..... the rest of it is just whining and axe grinding. If they have nothing constructive to say, they should not be allowed to speak. Almost all those who get up and bitch can write just fine, guaranteed, they can send you letters. Respectfully submitted: Christie Schultz (somewhere in your eastern UGA and yes Bremerton matters to us.) From:DIANE MANNING To:City Council Subject:Public Comment Date:Tuesday, March 24, 2026 11:41:52 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council, I’m confident that you will find a way to return “public recognition” to the agenda and provide opportunity for citizens to address concerns not on the agenda. I heard someone suggested this be renamed “citizens’ comments” and I support that. It’s important that rules address a speaker’s behavior rather than content of the remarks. A 4th Circuit ruling stated that “imposing restrictions to preserve civility and decorum are necessary to further the forum’s purpose of conducting public business.” Rules should be developed that guide civility and decorum (behavior), not the speech contents itself. The Council President can maintain order during this time if a speaker’s comments veer off topic for specific agenda items and behavior interferes during any time. Just as importantly, council members set the tone. Maintaining decorum is not only the responsibility of the public. It is essential that council members refrain from side comments, visible reactions such as eye‑rolling, or other gestures that signal disrespect. I fully understand how uncomfortable it can be to remain neutral when a speaker uses language that feels personal or offensive. But neutrality in demeanor is part of the role. Leaving the dais in protest of a speaker’s remarks is also inappropriate and undermines the very decorum the Council seeks to uphold. It sends a message of disrespect to the public and gives disruptive speakers exactly what they want, an emotional reaction, often captured on video for wider circulation. A disclaimer at the beginning of the meeting indicating that speakers’ views do not represent the views of the council, etc., could put your minds at ease so that you can maintain decorum and set a professional tone for the meeting. Spokane Rules of Procedure p. 18, para. K, are applicable to this comment. I agree with a time limit of 90 seconds with the ability to raise that to two minutes. I will note that Seattle City Council, who has very vocal attendees, has established two minutes. Signs – There may be laws about this – does bringing signs into a public meeting engage in protesting inside City Hall? Maybe signs could be allowed outside the meeting room or in the back of the room. When they are upfront and someone is walking them around it distracts from the speaker and is disruptive to the audience. Signing up for a specific agenda topic seems reasonable, but as has been noted, sometimes a speaker (including myself) thinks of something they want to address in response to another speaker’s remarks. I support allowing the ability of spontaneous comment. Redmond Meeting and Public Participation Guide, Section 3, Public comment Speaker and Audience Expectations, bullets 2 and 3 should be incorporated into Bremerton City Council Rules and Procedures. Thank you for your consideration, Diane Manning From:Alden Bradford To:City Council Subject:Letter about public recognition Date:Wednesday, March 25, 2026 1:43:13 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, You have requested comments from the public on the potential to resume public recognition, possibly under a different name. I have a few thoughts on this, which I will do my best to present in a coherent manner. First, we should not be ashamed to admit it: a large portion of the population of Bremerton is functionally illiterate. I know this from my own experience. Many of my students -- college students, mind you -- struggle to acquire knowledge through reading. Many struggle to express themselves with complete sentences in a formal setting. The current best statistics on literacy in the United States come from a 2023 study conducted by the department of education. In that study, they estimate that 8 to 16% of adults in Kitsap have the lowest proficiency level, meaning that "adults at this level can be considered at risk for difficulties using or comprehending print material." Believe it or not, that number actually makes Kitsap the fifth least illiterate county in Washington, behind only San Juan, Garfield, Island, and Jefferson counties. That's right, the people of Garfield county are on average more literate than us: all 2,400 of them. This puts us well ahead of the national average, where over 20% of adults in the US are functionally illiterate. The outlook for the future looks gloomy -- by some estimates, literacy has been on a decline since 2014. This aligns with what I have heard from my colleagues who work primarily with children. Written comment is great. I provide written comment frequently. It is also no substitute for spoken comment. The illiterate are some of the most vulnerable members of our community. They deserve to have their voice heard. Second, I would like to address some concerns which were raised about maintaining safety and decorum in the meeting space. I am concerned that some of the retticence toward providing a venue for public comments comes out of a disproportionate aversion toward normal interpersonal conflict. Let's be clear. If you think someone is threatening or attempting to intimidate a public official, that is a serious crime. The correct response is to immediately call the FBI. Investigating threats against public officials is a big part of their job, and they are the best equipped to handle that. Justice is blind. If this crime has been committed, you need to prosecute that crime. If you think someone has placed anyone at a city council meeting in physical danger, that is a serious problem which needs to be resolved immediately -- either by getting the help of a security guard or by ending the meeting. Maintaining an open meeting is not as important as maintaining the safety of the people in attendance. None of these remedies -- involving the FBI, hiring security guards, or ending the meetings entirely -- have been pursued in response to the behaviors witnessed at past meetings. I think we can agree that they would be overreactions to the type of conflict we have seen. Some members of the public have used harsh language, some of it uncalled for. Some members of the public have a demeanor that council members personally find intimidating. Many of the topics and discussions brought up have been intensely uncomfortable. I believe that while it is unpleasant, this is also a normal part of having frank conversations about important problems. If we are to have meaningful public input on the matters before the council, some of those comments will make us uncomfortable, may even evoke a feeling of fear. That does not mean that the comments themselves are dangerous. Third, some people in Bremerton want to use this platform to share a message of hate, dressed in the language of religion. I say, let them do so. We should know who our ideological opponents are, and we should oppose them full-throatedly. If a church wants to tell on itself so plainly, admit that the only god they serve is one of hatred, let them do so. I have faith that the good people of Bremerton will let it be known where this city really stands. Nobody likes it when people get up here to say hateful things about queer people. It's off-putting, intensely uncomfortable, and can make a person feel unsafe. Make a person feel unsafe, but not by itself make a person unsafe. The queer people I know are not worried about becoming uncomfortable; they know how to be uncomfortable. If anything, they are worried about becoming victims of hate crimes. Concealing the hateful element of our city doesn't protect our queer friends. Hateful preachers should be named and shamed. If they want to name themselves, please let them do so. The rest of us can handle the shaming. Fourth, we do need to address zoom bombers. We have no particular reason to believe they are at all connected to Bremerton. A simple reservation system -- requiring advance request to speak remotely -- makes Bremerton no longer the easiest target. The cowardly nazis who dial in remotely will never be so bold as to show their face in person. They are not invested in this city. If we put even a modest restriction, requiring a sign-up in advance, they will move on and seek a different target. This approach works for other cities. So far as I recall, every case of a zoom bombing in Bremerton happened without an advance request to comment. Finally, you specifically requested a better name for the public recognition section of the meetings. Some obvious options we must exclude immediately -- "public hearing" would make sense, but it would be too easily confused with the public hearings which you are legally required to hold on a variety of issues before the council, and which necessarily have different rules. "Public comment" has the same problem -- the city accepts public comments on matters already on the agenda. "Town hall" implies a level of informality and back-and-forth discussion which a business meeting cannot provide. "Soap box" and "open mic" are more colorful, and would avoid confusion, but I think they make light of the serious nature of giving a voice to the voiceless. I think Tacoma has this one figured out. They offer what they call a "community forum" after their regular council meetings. This fills a similar role to what we have accomplished here in Bremerton with public recognition. At the community forum they accept testimony from the public on any issue within their jurisdiction. I feel this term connotes the necessary gravitas, while maintaining a sense of openness. Thank you, as always, for listening. -Alden Bradford