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HomeMy WebLinkAbout07 bremerton0606_supp7SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 7 – June 2006 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 4971, passed May 3, 2006. Remove these pages Insert these pages Title 1 Table of Contents .................................. Table of Contents 1.06-1 ......................................................... 1.06-1 – 1.06-3 Title 2 Table of Contents .................................. Table of Contents 2.05-1 ....................................................................... 2.05-1 2.06-1 ....................................................................... 2.06-1 2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2 2.11-1 .............................................................................. — 2.13-1 – 2.13-4 .......................................... 2.13-1 – 2.13-4 2.16-1 ....................................................................... 2.16-1 2.22-1 .............................................................................. — 2.34-1 ....................................................................... 2.34-1 2.92-1 – 2.92-3 .......................................... 2.92-1 – 2.92-4 Title 3 3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2 3.01-A1 – 3.01-A2 ............................... 3.01-A1 – 3.01-A2 3.01-C1 – 3.01-C7 ................................ 3.01-C1 – 3.01-C7 3.01-D1 ................................................................. 3.01-D1 3.01-E1 .................................................................. 3.01-E1 3.01-F1 – 3.01-F10 .............................. 3.01-F1 – 3.01-F11 3.01-G1 ................................................................. 3.01-G1 Title 7 7.04-1 – 7.04-2 .......................................... 7.04-1 – 7.04-2 7.15-1 – 7.15-2 .......................................... 7.15-1 – 7.15-2 Title 13 13.04-1 – 13.04-2 .................................. 13.04-1 – 13.04-2 Title 15 15.02-1 – 15.02-2 .................................. 15.02-1 – 15.02-2 15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2 15.06-A1 – 15.06-A8 ....................... 15.06-A1 – 15.06-A8 Title 17 17.60-3 – 17.60-8 .................................. 17.60-3 – 17.60-8 (Revised 6/06) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 18 18.02-1 – 18.02-2 ................................... 18.02-1 – 18.02-2 18.02-9 – 18.02-12 ............................... 18.02-9 – 18.02-12 18.02-15 – 18.02-17 ........................... 18.02-15 – 18.02-17 Title 20 20.02-7 – 20.02-10 ............................... 20.02-7 – 20.02-10 20.10-1 – 20.10-2 ................................... 20.10-1 – 20.10-2 20.14-1 – 20.14-21 ............................... 20.14-1 – 20.14-41 20.42-1 – 20.42-6 ................................ 20.42-1 – 20.42-6.1 20.42-9 – 20.42-10 ............................... 20.42-9 – 20.42-10 20.42-13 ............................................................... 20.42-13 20.44-1 – 20.44-2 ................................... 20.44-1 – 20.44-2 20.46-3 – 20.46-8 ................................... 20.46-3 – 20.46-8 20.48-9 – 20.48-10 ................................................. 20.48-9 20.50-3 – 20.50-4 ................................... 20.50-3 – 20.50-4 20.52-3 – 20.52-6 ................................ 20.52-3 – 20.52-6.1 20.54-1 – 20.54-3 ................................... 20.54-1 – 20.54-3 20.58-3 – 20.58-4 ................................... 20.58-3 – 20.58-4 20.60-3 – 20.60-6 ................................... 20.60-3 – 20.60-6 20.80-1 – 20.80-2 ................................... 20.80-1 – 20.80-2 20.92-1 – 20.92-2 ................................... 20.92-1 – 20.92-2 Tables 1 – 3 ........................................................................... 1 – 4 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 6/06) (Revised 6/06) Title 1 GENERAL PROVISIONS Chapters: 1.01 CODE ADOPTION 1.02 CITY BUSINESS HOURS 1.04 CODE ENFORCEMENT 1.06 PUBLIC RECORDS 1.12 PROSECUTION FOR VIOLATIONS 1.06-1 (Revised 6/06) Chapter 1.06 PUBLIC RECORDS Sections: 1.06.010 PURPOSE. 1.06.020 PUBLIC RECORDS OFFICER. 1.06.030 PRODUCTION OF PUBLIC RECORDS - GENERALLY. 1.06.040 REQUESTS FOR PUBLIC RECORDS. 1.06.050 INITIAL RESPONSE TO REQUEST. 1.06.060 FINAL RESPONSE TO REQUEST. 1.06.070 INSPECTION OF RECORDS. 1.06.080 OVER-THE-COUNTER RECORDS. 1.06.090 FEES FOR PRODUCTION OF RECORDS. 1.06.100 RETENTION OF PUBLIC RECORDS. 1.06.110 INDEX OF PUBLIC RECORDS. 1.06.010 PURPOSE. The purpose of this chapter is to establish policies and procedures relating to the indexing, retention and the production of public records from the City of Bremerton as required by Chapter 42.56 RCW. (Ord. 4964 §1 (in part), 2006) 1.06.020 PUBLIC RECORDS OFFICER. The City Clerk, or his or her designee, shall be the public records officer for the City and is authorized to establish and implement policies and procedures for responding to requests for public records. (Ord. 4964 §1 (in part), 2006) 1.06.030 PRODUCTION OF PUBLIC RECORDS - GENERALLY. (a) Unless exempt from disclosure pursuant to Chapter 42.56 RCW or other applicable federal or state law, public records shall be available for inspection and copying. The City shall, upon request, make public records available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclo- sure. Failure of the City to fully comply with any provi- sion of this chapter shall not result in any liability imposed upon the City other than that outlined in Chap- ter 42.56 RCW. (b) The City need only disclose records to the extent required by state or federal law and nothing in this policy shall be interpreted as requiring the disclo- sure of any record that is not subject to disclosure by state or federal law. Generally, any record, or portion thereof, which is exempt from disclosure, will not be disclosed, and information contained in the records may be removed to the extent necessary or permissible by law. The City is not required to create records or docu- ments in response to a request for public records that do not exist at the time the request is made. (Ord. 4964 §1 (in part), 2006) 1.06.040 REQUESTS FOR PUBLIC RECORDS. (a) Any person wishing to inspect or copy public records may make the request on the City's request form, or by letter, fax, or electronic mail. (b) The public records request may be submitted on the public records request form provided by the City or in another written format that contains the following information: (1) The date and time of the request; (2) The name of the requestor; (3) The full address, telephone number and/or e-mail address of the requestor; (4) Adequate identification of the public records: (i) The title and date of the requested record, if known. (ii) The location of the requested record, if known; (5) Whether the requestor intends to inspect the records or to obtain a copy of the records, at the cost set forth in BMC 1.06.090. (c) Requests for public records shall be submitted to the City Clerk, City of Bremerton, 345 6th Street, Suite 600, Bremerton, Washington 98337 or to a desig- nated City Public Records Coordinator pursuant to sub- section (d) of this section. All requests shall comply with subsections (a) and (b) of this section. (d) The following departments shall have desig- nated Public Records Coordinators who may receive and/or respond to public record requests directly for the specific records as identified. (1) The Police Department for requests to inspect and/or copy a police or incident report. (2) The Fire Department for requests to inspect and/or copy a fire report or an aid report. (3) The Department of Community Develop- ment for requests to inspect and/or copy a planning file. (4) The Department of Public Works and util- ities for requests to inspect and/or copy a public works file. (e) The City Clerk may designate other employees as Public Records Coordinators for purposes of this chapter. (Revised 6/06)1.06-2 (f) If the record requested is not identified in sub- sections (d)(1) through (4) of this section, or the requestor is unsure of where to file the request, the request shall be filed with the City Clerk. (Ord. 4964 §1 (in part), 2006) 1.06.050 INITIAL RESPONSE TO REQUEST. (a) The City shall make an initial response to the request for public records within five (5) business days of receipt of the request. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending upon the nature of request, the City may respond initially by: (1) Producing the record after the payment of applicable fees, if any; (2) Acknowledging in writing the City's receipt of the request accompanied by an estimate of the time necessary for further response; (3) Denying the request in writing accompa- nied by an explanation of the basis for the denial; (4) Acknowledging in writing that the records responsive to the request are available for inspection or copying, and that pursuant to BMC 1.06.090 a deposit is required for copies; or (5) Requesting in writing a clarification of the request. (b) In the event that the requestor completes the City's standard public records request form, the City may return a copy of the request to the requestor with an estimation of time necessary to provide a final response to the request. This indication on the form of the estima- tion of time constitutes and satisfies the City's initial response required within five (5) days of receipt of the public disclosure request. Records provided in response to a public records request shall be those documents of record available for disclosure as of the date of the request. (Ord. 4964 §1 (in part), 2006) 1.06.060 FINAL RESPONSE TO REQUEST. (a) A public disclosure request is not continuing in nature. In the event additional records are created after the date of the requestor's original public records request, the requestor will need to submit a new request. If, after the City has informed the requestor that it has provided all available records, and shortly thereafter becomes aware of additional responsive documents existing at the time of the request, it shall promptly make the additional documents available to the requestor for copying and inspection. (b) Any records or portions of records disclosed by the City will be provided to the requestor in the same format as they are retained; provided, that any disclos- able records contained on a computer or other electronic or mechanical device shall, at the discretion of the City, be provided in printed form, on disk, or in another for- mat. (c) If the requestor specifies a format in which the records should be disclosed, the City will disclose the records in the requested format if: (1) it is determined that disclosable records exist, (2) the City is capable of providing the records in the format requested, (3) the format requested is reasonable and does not require additional staff time or equipment, and (4) the requestor pays all fees required by this chapter. (d) Before releasing a record the City may provide notice to a person named in a public record or to whom the record specifically pertains or who otherwise might have an interest in the record to provide said person an opportunity to seek legal action to prevent the release of the record. (e) The City's response to the request shall be deemed complete and final upon: (1) requestor's inspec- tion of the records, or (2) in the event photocopies were requested, upon notification to the requestor that the photocopies requested are available for payment and pickup. (Ord. 4964 §1 (in part), 2006) 1.06.070 INSPECTION OF RECORDS. In the event a requestor chooses to inspect records, the City shall notify the requestor once the records which respond to the request are available for inspec- tion. The records will be available for inspection during customary office hours. Records that have been pulled for inspection shall be made available to the requestor for a period of no more than thirty (30) calendar days. In the event a requestor fails to contact the City Clerk or applicable Public Records Coordinator, within thirty (30) calendar days of being notified that the records are available for inspection: (1) the records shall be returned to the originating department; and (2) the requester will need to submit a new request for the records and the pro- cess will begin anew. If an installment response to a records request is not viewed within thirty (30) calendar days, the City is not obligated to fulfill the balance of the request. (Ord. 4964 §1 (in part), 2006) 1.06.080 OVER-THE-COUNTER RECORDS. Each City department may designate within its own department certain "over-the-counter" records available to the public for immediate inspection and/or distribu- tion without the requirement of a formal public records request as set forth in this section. In the event a copy of such "over-the-counter" records is requested, and if the requested record is an eight and one-half (8-1/2) by fourteen (14) inch page or smaller, the department shall provide the first fifty (50) pages free of charge. How- ever, if the documents responsive to a request exceed fifty (50) pages, a public disclosure request will then need to be completed and the applicable duplication cost 1.06-3 (Revised 6/06) paid for those copies over fifty (50) pages. (Ord. 4964 §1 (in part), 2006) 1.06.090 FEES FOR PRODUCTION OF RECORDS. (a) Fees for Records. The fees for the costs of duplication and production of copies, whether photo- copying or other form of duplication, including, but not limited to, electronic copies of records, shall be as estab- lished in Chapter 3.01 BMC, Rate Table A. If the requested record is an eight and one-half (8-1/2) by fourteen (14) inch page or smaller, the first fifty (50) pages responsive to a request are free of charge. In addi- tion to these fees, each department may: (1) Establish fees for records that do not fall into one (1) of the categories set forth in Chapter 3.01 BMC, Rate Table A. The department's fee schedule shall be available for inspection upon request. (2) If the request requires customized access to electronic records, the City may charge actual costs of such access, including staff time and other direct costs. (3) Send the project to a commercial copying center and bill the requestor for the amount charged by the vendor. The City may arrange with the requestor for him or her to pay the vendor directly. (4) Charge actual costs of mailing or other means of delivery. The City may not charge sales tax on the costs of copies made by the City. (b) Deposit and Installments. Payment of the fees for the costs of duplication of records shall be made prior to the delivery of public records to the requestor. In the event that it is estimated that the copying fees applicable to a particular records request exceeds twenty-five dollars ($25.00), the City, at its discretion, may require the requestor to deposit a sum equal to ten (10) percent of the estimated cost prior to copying of the records. The City may also require the payment of the remainder of the copying fees before providing all the records, or the payment of the fees of an installment before providing an installment. If an installment response to a records request is not claimed or reviewed within thirty (30) calendar days, the City is not obligated to fulfill the balance of the request. (c) Payment. All payments shall be made by cash, money order, or check payable to the City of Bremerton. Payment shall be made in person to the City Clerk or applicable department Public Records Coordinator or at the customer service desk located at City Clerk's office. Payments may also be made by mail to the City Clerk, City of Bremerton, 345 6th Street, Suite 600, Bremer- ton, Washington 98337. (d) Costs Waived. The City Clerk, or Public Records Coordinator, has the discretion to waive copy- ing charges for administrative convenience. (Ord. 4964 §1 (in part), 2006) 1.06.100 RETENTION OF PUBLIC RECORDS. (a) The City hereby adopts, as the City's record schedule, the "General Records Retention Schedule for all Local Government Agencies" adopted by the Wash- ington State Local Records Committee dated January 2005, as currently enacted and as hereinafter amended. (b) Retention of electronic records shall be pursu- ant to City Policy No. 2-20-06 entitled "Electronic Records Retention" as currently enacted and as herein- after amended. (Ord. 4964 §1 (in part), 2006) 1.06.110 INDEX OF PUBLIC RECORDS. (a) Findings. (1) RCW 42.56.070 requires all cities and public agencies to maintain and make available a current index of all public records. (2) RCW 42.56.070(4)(a) provides that if maintaining such an index would be unduly burden- some, or would interfere with agency operation, a City need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly bur- densome. (3) The City of Bremerton is comprised of departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping sys- tems for the indexing of records and information. (4) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. (5) The City of Bremerton will make avail- able for inspection and/or copying all nonexempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Chapter 42.56 RCW. (b) Order Regarding Public Records. Based upon the findings set forth in subsection (a) of this section, and pursuant to RCW 42.56.070(4)(a), the City Council orders the following: (1) The City of Bremerton is not required to maintain a current index of public records due to find- ings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain; and (2) Pursuant to Chapter 42.56 RCW, the City of Bremerton shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to Chapter 42.56 RCW or other applicable law. (Ord. 4964 §1 (in part), 2006) (Revised 6/06) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 ELECTED OFFICIALS - PERS 2.02 CITY COUNCIL 2.03 MAYOR 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF THE CITY ATTORNEY 2.07 ECONOMIC DEVELOPMENT DEPARTMENT 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 OFFICE OF CIVIL SERVICE 2.32 ARTS COMMISSION 2.34 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.76 PROCUREMENT AND DISPOSAL CODE 2.78 REAL PROPERTY TRANSACTIONS 2.82 NAMING OF PARKS AND PUBLIC FACILITIES 2.88 DISABILITY ACTION COMMITTEE 2.90 INDEMNITY OF PERSONNEL 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY 2.96 CODE OF ETHICS (Revised 6/06) 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.05-1 (Revised 6/06) Chapter 2.05 DEPARTMENTS AND DIRECTORS Sections: 2.05.010 DEPARTMENTS. 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: (Ord. 4966 § 2, 2006: Ord. 4900 §2, 2004; Ord. 4810, Added, 09/14/2002) 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director’s position or prior to confirmation of an appointment to a vacancy of department director’s position, a job description for the position as well as the anticipated employment contract, if any, shall be submitted to the City Council for review and approval. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department direc- tor. No provisional appointment(s) to a non-civil service department director’s position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director’s position shall be made pursuant to civil ser- vice rules. Upon the provisional appointment to a vacancy, the Administration shall notify City Council of such appointment. (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Coun- cil. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone; provided, that removal by the City Council alone shall require a two-thirds (2/3) vote of the entire City Council. (Ord. 4867 §1, 2003; Ord. 4810, Added, 09/14/2002) Chapter 2.06 Office of the City Attorney Chapter 2.07 Economic Development Department Chapter 2.09 Department of Financial Services Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Development Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department 2.06-1 (Revised 6/06) Chapter 2.06 OFFICE OF CITY ATTORNEY Sections: 2.06.010 DEPARTMENT CREATED. 2.06.020 APPOINTMENT. 2.06.030 DUTIES. 2.06.040 OUTSIDE EMPLOYMENT. 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attor- ney which shall serve as the Legal Department for the City pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the City in all legal matters involving the City. The office shall be managed by the City Attorney who shall serve as its director, and who shall be respon- sible for hiring and supervising employees of the office. The City Attorney shall oversee the civil and prosecu- tion divisions. (Ord. 4966 §3, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4793, Amended, 05/05/2002; Ord. 4152 §1, 1988) 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. The resig- nation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. (Ord. 4808, Added, 07/26/2002) 2.06.030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the function of the Office of the City Attorney shall include, but not be limited to: (a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the attorney advisable to do so. (b) Attend all regular and special meetings of the Council, unless excused by the President of the Council. (c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. (d) Represent the City in criminal prosecutions in Municipal Court and appellate courts. (e) Represent the City in all litigation and admin- istrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appoint- ment of special counsel therein. (f) Attend meetings of the Civil Service Commis- sion, pension boards, and other commissions, boards, or committees required by law, or as directed by the Coun- cil, or requested by the chair of such board or commis- sion. (g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City. (i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. (j) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisi- tion, sale of surplus properties, and related legal transac- tions. (k) Prepare and administer the budget for the Office of the City Attorney. (l) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (m) Coordinate and assist in obtaining information and legal opinion from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. (n) Prepare and/or approve ballot measures and levies. (o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordi- nances, resolutions, and administrative rules therewith. (Ord. 4966 §4, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in legal practice or compensable legal work while holding office with the City; provided, pro bono and minor legal matters for immediate family members are not prohibited so long as they do not inter- fere or conflict with this office. (Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.09-1 (Revised 6/06) Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES Sections: 2.09.010 DEPARTMENT CREATED. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. 2.09.030 FINANCE DIVISION CREATED - DUTIES. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. 2.09.060 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. 2.09.070 OFFICE OF RISK MANAGEMENT AND SAFETY. 2.09.080 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: 1. Finance; 2. Information Technology; 3. Office of the City Clerk; 4. Human Resources; 5. Office of Risk Management and Safety; and 6. Bremerton Kitsap Access Television (BKAT). The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Ser- vices who shall be in charge of the Department of Finan- cial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Ser- vices are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Infor- mation Technology Manager, Human Resources Man- ager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division manag- ers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Direc- tor of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, educa- tion and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting func- tions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: (a) Be responsible for assisting in the management of the City's investment and debt portfolios. (b) Assist City administration in budget prepara- tion and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and pur- chasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) (Revised 6/06)2.09-2 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technol- ogy Division for the purpose of performing all informa- tion technology operations of the City. The division shall be managed by the Information Technology Man- ager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Tech- nology division with the responsibility to provide tech- nological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall per- form such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the state, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.060 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. There is hereby created the Office of Human Resources. The division shall be managed by the Human Resources Manager. It shall be the duty of the Human Resources Manager to: (a) Assist City departments with recruitment, test- ing and hiring as applicable. (b) Advise City departments on professional per- sonnel management practices including performance evaluations and employee relations. (c) Support City Labor Negotiator and negotia- tions advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4966 §5 (part), 2006) 2.09.070 OFFICE OF RISK MANAGEMENT AND SAFETY. The division shall be managed by the Risk Man- ager. It shall be the duty of the Risk Manager to carry out the provisions of Chapter 2.92 BMC. The Risk Manager shall perform such other duties as the Mayor and the Director of Financial Service may direct or as may be required by law. (Ord. 4966 §5 (part), 2006) 2.09.080 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, program- ming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.060) 2.13-1 (Revised 6/06) Chapter 2.13 ADMINISTRATIVE HEARING EXAMINER Sections: 2.13.010 PURPOSE. 2.13.020 CREATION. 2.13.030 APPOINTMENT AND REMOVAL. 2.13.040 QUALIFICATION AND REMOVAL. 2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS. 2.13.060 ORGANIZATION, RULES. 2.13.070 JURISDICTION. 2.13.080 DUTIES. 2.13.090 FILING OF APPLICATIONS AND APPEALS. 2.13.100 OPEN RECORD PUBLIC HEARING. 2.13.110 DECISIONS AND RECOMMENDATION. 2.13.120 RECONSIDERATION. 2.13.130 APPEAL OF DECISION. 2.13.140 CITY COUNCIL ACTION. 2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY. 2.13.010 PURPOSE. The purpose of this chapter is to: (1) Separate the land use regulatory function from the land use planning process; (2) Ensure procedural due process and appearance of fairness in regulatory hearings and deci- sions; (3) Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters; (4) Provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city; (5) Provide a forum for conducting public hearings required by the Bremerton Municipal Code; and (6) Provide a forum for hearing appeals of administrative decisions and other matters as estab- lished by the Bremerton Municipal Code. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001) 2.13.020 CREATION. The position of the Administrative Hearing Exam- iner (also referred to in this chapter as "Hearing Exam- iner" or "examiner") is hereby created. The Administrative Hearing Examiner shall review and interpret land use regulations; conduct hearings, render decisions, and make recommendations on land use applications; hear appeals from administrative orders, recommendations, permits, decisions or determinations made by a city official as set forth in this chapter, and review and hear other matters as provided for in the Bremerton Municipal Code and other ordinances. The term "Administrative Hearing Examiner" shall likewise include the examiner pro tem. (Ord. 4798, Added, 05/10/2002) 2.13.030 APPOINTMENT AND REMOVAL. The Administrative Hearing Examiner shall be appointed by the Mayor subject to confirmation by the City Council. The appointment may be made as a con- tract employee or as an independent contractor for a term and on conditions determined appropriate by the City Council. The Examiner(s) pro tem shall be selected by and serve at the pleasure of the Mayor. In the absence or the inability of the Administrative Hearing Examiner to act, or when expertise is needed to hear a particular matter, the examiner pro tem shall serve in place of the Administrative Hearing Examiner and shall have all the duties and powers of the Administrative Hearing Exam- iner. The Administrative Hearing Examiner may be ter- minated in accordance with the contract terms. An examiner pro tem may be terminated by the Mayor at will. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001) 2.13.040 QUALIFICATION AND REMOVAL. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other func- tions conferred upon them. Examiners shall hold no other elective or appointive office or position with the City of Bremerton. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001) 2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS. No city official, elective or appointive, shall attempt to influence the Administrative Hearing Exam- iner in any matter officially before him so as to consti- tute misconduct of a public office under Chapter 42.20 RCW or a violation of the appearance of fairness doc- trine. No member of the council shall participate in any (Revised 6/06)2.13-2 proceedings on appeal from the Administrative Hearing Examiner’s decision if to do so will constitute a conflict of interest or violation of the appearance of fairness doc- trine. The Administrative Hearing Examiner shall con- duct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such conflicts or violations cannot be avoided in a particular case, the examiner shall assign an examiner pro tem to act in his absence. (Ord. 4778, Added, 11/05/2001) 2.13.060 ORGANIZATION, RULES. The Administrative Hearings Examiner is empow- ered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for conducting hearings as set forth in the Bremerton Municipal Code. The rules shall pro- vide for the process to be effective and efficient while assuring that the participants are afforded an opportu- nity to present their case without unnecessary emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to the extent nec- essary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited discovery if it is not unduly burdensome, will not unnec- essarily delay the proceedings, and the information is not otherwise available. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001) 2.13.070 JURISDICTION. (1) The Administrative Hearing Examiner shall have jurisdiction to: (a) Conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions on land use applications as specified in BMC Title 20, as amended. (b) Conduct public hearings on all local improvement districts and utility local improvement districts. (c) Hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal Code. (d) Hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code. (e) Conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct open-record public hearings or closed- record appeals in accordance with the provisions of the Bremerton Municipal Code; conduct such other hear- ings as the city council may from time to time deem appropriate. (f) Hear such other matters as may be desig- nated by the Bremerton Municipal Code and/or the City Council. (2) It is the intent that all quasi-judicial appeals of land use decisions, which have prior to the enactment of this chapter been heard by the city council and/or the planning commission, now be heard by the Administra- tive Hearing Examiner pursuant to this chapter, and to the extent other provisions of the Bremerton Municipal Code are inconsistent, jurisdiction for such quasi-judi- cial appeals will be with the Administrative Hearing Examiner unless otherwise required by state or federal law. (3) Unless otherwise indicated, all other refer- ences in the Bremerton Municipal Code to "Hearing Examiner" shall not mean the Municipal Court Hearing Examiner except for those matters established pursuant to Chapter 2.62 of the Bremerton Municipal Code over which the Municipal Court Hearing Examiner will have jurisdiction. (Ord. 4970 §1, 2006: Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001) 2.13.080 DUTIES. The Administrative Hearing Examiner shall have the following duties with respect to applications of mat- ters submitted before him or her. (1) Appeals of Administrative Decisions/Determi- nations. The Administrative Hearing Examiner shall hear open-record appeals of administrative deci- sions/determinations submitted before him or her, pre- pare a record thereof, and enter findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless appealed as specified in BMC 2.13.130, for the following: (a) Appeals of all Type I and Type II project permit decisions identified in BMC 20.02.040 and appealed pursuant to BMC 20.02.140(a)(3). (b) Appeals of business license denials, revo- cations and regulations as authorized pursuant to BMC Title 5. (c) Appeals of right-of-way use permit appli- cation decisions made pursuant to Chapter 11.02 BMC. (d) Appeals of administrative decisions on shoreline substantial developmental permits pursuant to BMC 20.02.140(b) and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program. (e) Appeals of administrative decisions on short subdivisions and plats pursuant to BMC 20.12.100. (f) Appeals of administrative determinations applying the City Building Code pursuant to BMC 17.04.140. (g) Appeals of administrative determinations applying the Uniform Fire Code pursuant to BMC 18.02.180. (2) Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct 2.13-3 (Revised 6/06) open-record public hearings, prepare a record thereof, enter findings of fact and conclusions based upon these facts, and render a decision, which decision shall repre- sent the final action on the application, unless appealed, as specified in BMC 2.13.130 for all Type III project permit applications identified in BMC 20.02.040. (3) Recommendations of the Administrative Hear- ing Examiner. The Administrative Hearing Examiner shall receive and examine available information, con- duct open predecision public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following: (a) All Type IV project permit applications identified in BMC 20.02.040. (b) Local Improvement districts and utility local improvement district formation and assessments pursuant to Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. (Ord. 4970 § 2, 2006: Ord. 4798, Added, 05/10/2002) 2.13.090 FILING OF APPLICATIONS AND APPEALS. Applications to the Administrative Hearing Exam- iner for a decision, recommendation or an appeal shall be filed with the Department of Community Develop- ment. Applications shall be filed with the applicable fil- ing fee as set forth in Chapter 3.01 BMC. When it is found an application or appeal meets the filing require- ments of the affected City Code, rule or regulation, the application shall be accepted. The Administrative Hear- ing Examiner shall be responsible for assigning a date for the public hearing for each application or appeal. Hearings on project permit applications are subject to the notice and hearing requirements set forth in the Bremerton Municipal Code. (Ord. 4894 §1, 2004; Ord. 4836, Amended, 12/20/2002; Ord. 4798, Added, 05/10/2002) 2.13.100 OPEN RECORD PUBLIC HEARING. (1) Before rendering a decision or recommenda- tion on any land use application, the Administrative Hearing Examiner shall hold one (1) open-record public hearing thereon. (2) For all applications, notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is spe- cifically set forth, such notice shall be given at least ten (10) working days prior to such hearing. (3) The Administrative Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 4798, Added, 05/10/2002) 2.13.110 DECISIONS AND RECOMMENDATION. (1) The Administrative Hearing Examiner's rec- ommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicant such condi- tions, modifications and restrictions as the Administra- tive Hearing Examiner finds necessary to make the application compatible with its environment, with appli- cable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of addi- tional road rights-of-way. Performance bonds or other financial assurances may be required to ensure compli- ance with conditions, modifications and restrictions. (2) In regard to all Type IV project permit applica- tions identified in BMC 20.02.040, the Administrative Hearing Examiner's findings and conclusions and rec- ommendation shall be submitted to the City Council, which shall have the final authority to act on such appli- cations. The hearing by the Administrative Hearing Examiner shall constitute an open-record predecision hearing before the final decision is made by the City Council. The Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on reconsideration. (3) When the Administrative Hearing Examiner renders a decision or recommendation, the Administra- tive Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be ren- dered within ten (10) working days following conclu- sion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the appli- cant and the Administrative Hearing Examiner. The copy of such decision, including findings and conclu- sions, shall be transmitted by first class mail to the appli- cant and other parties of record in the case requesting the same. (4) In the case of shoreline substantial develop- ment permits, pursuant to RCW 90.58.140(11)(a)(iii), appeals shall be decided within thirty (30) calendar days of filing of the appeal. (5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the Administra- tive Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party. (Ord. 4970 §3, 2006: Ord. 4894 §2, 2004; Ord. 4798, Added, 05/10/2002) (Revised 6/06)2.13-4 2.13.120 RECONSIDERATION. A party of record believing that a decision or rec- ommendation of the Administrative Hearing Examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsideration by the Administra- tive Hearing Examiner within five (5) working days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. (Ord. 4798, Added, 05/10/2002) 2.13.130 APPEAL OF DECISION. (1) Any party who feels aggrieved by the decision or other final action of the Administrative Hearing Examiner may submit an appeal within twenty-one (21) calendar days from the date the final decision of the Administrative Hearing Examiner is rendered to the Superior Court or to another designated forum. (2) No appeal may be made from a recommenda- tion of the Administrative Hearing Examiner. (Ord. 4798, Added, 05/10/2002) 2.13.140 CITY COUNCIL ACTION. (1) Any application requiring action by the City Council shall be taken by the adoption of a motion, res- olution or ordinance by the City Council. When taking any such final action, the City Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the findings and conclu- sions from the Administrative Hearing Examiner’s rec- ommendation. (2) The action of the City Council, approving, modifying, or rejecting a recommendation of the Administrative Hearing Examiner, shall be final and conclusive. Appellants have twenty-one (21) calendar days from the date of City Council action to file an appeal with the superior court. (Ord. 4798, Added, 05/10/2002) 2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY. For the purpose of BMC 2.13.130 and 2.13.140, the city's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsidera- tion to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Exam- iner to Superior Court or to another designated forum. (Ord. 4970 §4, 2006: Ord. 4798, Added, 05/10/2002) 2.16-1 (Revised 6/06) Chapter 2.16 FIRE DEPARTMENT Sections: 2.16.010 DEPARTMENT CREATED. 2.16.020 FIRE CHIEF - POSITION CREATED AND APPOINTMENT. 2.16.030 DUTIES. 2.16.010 DEPARTMENT CREATED. There is hereby created the Fire Department for the purposes of performing fire suppression, emergency medical response, and fire prevention and inspection services for the City. The department shall be super- vised by the Fire Chief who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. (Ord. 4810, Added, 09/14/2002) 2.16.020 FIRE CHIEF - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Fire Chief. The Fire Chief or his/her designee shall serve as Fire Marshall for the City. Pursuant to the City Charter, the position of Fire Chief shall be subject to the City's civil service system. The Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Coun- cil, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Fire Chief shall be subject to the City's civil service rules and regulations relating to demotion and termination. (Ord. 4963 §1, 2006: Ord. 4810, Added, 09/14/2002) 2.16.030 DUTIES. It shall be the duty of the Fire Chief to provide for the operation and administration of fire suppression, emergency medical services, and fire prevention and inspection functions for the City. The Fire Chief shall also serve as the Emergency Manager for the City. The Fire Chief shall perform such other duties as the City Council or Mayor may direct or as may be required by law. (Ord. 4810, Added, 09/14/2002) 2.34-1 (Revised 6/06) Chapter 2.34 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS Sections: 2.34.010 ESTABLISHED. 2.34.020 MEMBERSHIP AND TERMS OF OFFICE. 2.34.030 SALARIES AND PERSONAL EXPENSES. 2.34.040 MEETINGS. 2.34.050 DUTIES AND RESPONSIBILITIES. 2.34.060 RULES AND PROCEDURES. 2.34.010 ESTABLISHED. There is established a Gold Mountain Golf Com- plex Board of Directors, hereinafter referred to as "Board," which shall act as an advisory body to the Director of Parks and Recreation, Mayor, and City Council. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.010) 2.34.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Board shall consist of ten (10) members with six (6) voting members and four (4) ex officio, non- voting members as follows: (1) Two (2) Council members appointed by the Council President; (2) The Director of Parks and Recreation; (3) The Director of Public Works and Utili- ties; (4) The Director of Financial Services; (5) The City Forestry Manager; (6) The Golf Contract Administrator (ex offi- cio, nonvoting); (7) The two (2) golf professionals (ex officio, nonvoting); and (8) The Greens Superintendent (ex officio, nonvoting). (b) The Board members shall remain seated until resignation or until removed by the City Council. Mem- bers of the Board serve at the pleasure of the City Coun- cil and may be removed by the City Council at any time. (c) The positions assigned and the number of members constituting the Board membership as set forth herein may be reassigned and reconstituted by the City Council at any time without further amendment to this chapter. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.020) 2.34.030 SALARIES AND PERSONAL EXPENSES. The members of the Board shall receive no salaries or other remuneration for their services in such capacity, but shall be entitled to reimbursement of expenses incurred by them in the discharge of their official duties as may be authorized by city policy. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.030) 2.34.040 MEETINGS. The Board shall establish a regular meeting day and time for its Board meetings. The Director of Parks and Recreation, or his or her designee, shall serve as Chair of the Board. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.040) 2.34.050 DUTIES AND RESPONSIBILITIES. The Board shall have the following duties and responsibilities: (a) To set administrative policies and rules for the operation of the Gold Mountain Golf Complex; (b) To recommend fee structures and annual bud- get to the City Council for approval; and (c) To submit reports to the City Council as requested by the Council regarding all activities of the Board. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.050) 2.34.060 RULES AND PROCEDURES. The Board may establish rules and procedures for conducting business. (Ord. 4957 §1 (part), 2005: Ord. 4936 § 1 (part), 2005. Formerly 2.32.060) 2.92-1 (Revised 6/06) Chapter 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY Sections: 2.92.010 CREATED. 2.92.020 FUNCTIONS. 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. 2.92.040 INSURANCE/SELF- INSURANCE/POOLED COVERAGE PROGRAMS. 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS' COMPENSATION CLAIMS. 2.92.055 CLAIMS MANAGEMENT COMMITTEE. 2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS. 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. 2.92.080 RECOVERY OF LOSSES. 2.92.010 CREATED. There is created the Office of Risk Management and Safety within the Department of Financial Services. The supervisor of said office shall be the Risk Manager, who shall report directly to the Director of Financial Services. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §1, 1985) 2.92.020 FUNCTIONS. The Office of Risk Management and Safety shall be responsible for: (a) Loss reduction or prevention where such reduction or prevention is cost effective; (b) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective; (c) Coordination and handling of all claims, including workers' compensation claims; (d) The maintenance of an effective employee safety program within the City; and (e) Writing interdepartmental rules as he or she deems appropriate for the implementation and adminis- tration of this chapter. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §2, 1985) 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. (a) The Risk Manager shall be responsible for risk identification, analysis and control. Under the direction of the Risk Manager, the Safety Officer shall develop and administer the City's Safety Program and ensure compliance with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety. The Risk Manager and the Safety Officer have full authority to immedi- ately stop any ongoing work when prescribed safety pre- cautions are not being adhered to, or if there are serious concerns for safety until the matter is satisfactorily resolved. (b) The Safety Officer is not required to be assigned to the Department of Financial Services. He or she may be assigned to any other department within the City. The duties of Safety Officer may also be assigned to one or more persons, but when functioning in that capacity, the Safety Officer will serve under the direc- tion of the Risk Manager. (c) The Safety Officer, through the Risk Manager, may make written recommendations regarding employee safety to the appropriate Department Head. Should the Department Head disagree with the Safety Officer, a written response shall be made to the Director of Financial Services stating the reasons for the dis- agreement. The Mayor shall make the final decision regarding implementation of any disputed recommenda- tion. (d) The Safety Officer is responsible for ensuring proper safety training is provided to all City employees and for ensuring that required certifications for employ- ees are kept current. He or she shall also become actively involved in the ongoing training programs pro- vided by Human Resources and other departments and ensure that a portion of that training is on Safety Aware- ness and Loss Prevention. (e) The Risk Manager and Safety Officer are per- manent members of the City's Safety and Health Com- mittee and shall monitor the Committee to ensure compliance with all applicable WISHA directives, pro- vide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Safety Officer shall maintain the file of minutes of each Com- mittee meeting. (f) The City Attorney shall advise and recommend to all City Departments appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. The Risk Manager shall review all proposed City contracts, permits and leases to ensure that all con- tractual provisions relating to indemnity and hold harm- less provisions adequately protect the City. (Ord. 4966 (Revised 6/06)2.92-2 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §3, 1985) 2.92.040 INSURANCE/SELF- INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured, self-insured and/or pooled coverage programs: (a) The Risk Manager shall determine and recom- mend the appropriate retention levels and amount of reserves to be established; (b) The Risk Manager shall negotiate with insur- ance brokers for any type of insurance and may recom- mend that the City engage the services of such brokers; (c) The Risk Manager shall purchase, with the approval of the Director of Financial Services and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same; (d) The Risk Manager shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §4, 1985) 2.92.050 CLAIMS MANAGEMENT - SELF- INSURED WORKERS' COMPENSATION CLAIMS. The Risk Manager, or designee, shall be responsi- ble for the direction and monitoring of all workers' com- pensation claims to a fair and equitable conclusion. (a) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward same to the desig- nated supervisor, who is responsible for immediately forwarding to the Risk Manager with any pertinent com- ments. The Risk Manager shall complete the employer section. (b) The Risk Manager shall coordinate activity on the claim with the claim's administrator, who shall be a certified workers' compensation claims administrator as required by law, including time loss, medical verifica- tion, and instruction involving progress of the claim. (c) The Risk Manager shall coordinate with the City Attorney and the Human Resources Director for retaining such outside expertise as necessary for the res- olution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney's Office may elect to represent the City in all hearings and/or trials involving workers' compensation claims, or shall appoint outside counsel when appropriate. (d) The Human Resources Director shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 4461 §4, 1994; Ord. 3994 §5, 1985) 2.92.055 CLAIMS MANAGEMENT COMMITTEE. To assist the Mayor, a Claims Management Com- mittee comprised of the Mayor or designee, City Attor- ney, Risk Manager, appropriate department head(s), and the City's contracted claims adjuster may convene as needed as determined by the City Attorney. This com- mittee will review large, litigated, or controversial lia- bility and workers' compensation claims against the City. The committee's review shall include: (a) The possibilities for early settlement. (b) Identification of defense and settlement strate- gies. (c) Identification of defense counsel. (d) Estimation of reserve level necessary for claims resolution. (e) Discussion and clarification of loss control responsibilities and policies. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 4461 §1, 1994; Ord. 3994 §5, 1985) 2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS. The Risk Manager or designee shall be responsible for the successful conclusion of all nonlitigation claims by or against the City. (a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Manager all nonlitigation claims naming the City and/or its officers or employees, which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (b) All City departments, divisions and other City agencies shall report immediately to the Risk Manager the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident. (c) The Risk Manager shall initiate and/or coordi- nate the investigation of all nonlitigation claims. The Risk Manager may employ, subject to the Director of Financial Services' approval, the services of claims spe- cialists. All investigation of nonlitigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client priv- ilege and attorney work product rule. (d) The Risk Manager shall have the authority to deny or negotiate the settlement of any claim to an amount not to exceed fourteen thousand nine hundred 2.92-3 (Revised 6/06) ninety-nine dollars ($14,999) subject to the approval of the Director of Financial Services. (e) For all nonlitigation claims of fifteen thousand dollars ($15,000) or more, the Risk Manager shall pro- vide the Director of Financial Services with a recom- mendation that the nonlitigation claim be accepted or denied and the reasons therefor. Upon request of the Director of Financial Services, the Risk Manager shall coordinate additional investiga- tion of the claim. The Mayor shall have the authority to accept or deny the claim; provided, however, that claim payments in excess of forty-nine thousand nine hundred ninety-nine dollars ($49,999) shall be subject to approval by the City Council. (f) The Risk Manager shall maintain complete histories of all nonlitigation claims reported to the Office of Risk Management and Safety, and investiga- tion thereof sufficient to document at least a five (5) year claims history. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §6, 1985) 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (a) Service of process on the Mayor, Mayor's des- ignee or City Clerk shall constitute service on the City. No other City official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit. (b) The Mayor, Mayor's designee or City Clerk or defendant employee, upon accepting service of the sum- mons and/or complaint, shall deliver copies to the Risk Manager and City Attorney. (c) The Risk Manager shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, pool or representative. The Risk Manager shall advise the City Attorney of the insured status of the lawsuit. (d) The Risk Manager shall initiate and/or coordi- nate the investigation of all lawsuits which may be insured against involving the City and/or its offi- cials/employees. The Risk Manager may employ, sub- ject to City Attorney's approval, the services of claims specialists. All investigation of lawsuits shall be con- ducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work prod- uct rule. (e) Upon completion of the investigation, or at any time requested by the City Attorney, the Risk Manager shall forward the investigative file to the City Attorney. Upon request of the City Attorney, the Risk Manager shall coordinate additional investigation of the lawsuit. (f) The City Attorney shall have the authority to authorize settlements up to fourteen thousand nine hun- dred ninety-nine dollars ($14,999). (g) For all litigated claims of fifteen thousand dol- lars ($15,000) or more, the City Attorney shall provide the Mayor with a recommendation that the litigated claim by accepted or denied and the reasons therefor. The Mayor shall have the authority to accept or deny the claim; provided, however, that settlement pay- ments in excess of forty-nine thousand nine hundred ninety-nine dollars ($49,999) shall be subject to approval by the City Council. (h) The City Attorney shall maintain complete his- tories of all lawsuits sufficient to document at least a five (5) year history of same. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §7, 1985) 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (a) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no City department, division, or other City agency, and no City official or employee, acting individually or collectively, may engage in the following acts: (1) Negotiate or otherwise effect the settle- ment of a claim or lawsuit involving the City; (2) Discuss with persons other than the Risk Manager, Director of Financial Services, Mayor, City Attorney, or persons authorized by the Risk Manager, Mayor or City Attorney, incidents which could reason- ably lead to a claim or lawsuit against the City; pro- vided, however, that the employee may discuss the incident with his/her supervisor. (b) Prior to any formal settlement offer, the Risk Manager shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager shall seek approval of its insurers, in con- formance with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor's written approval and acknowledgment that the City's insurers have withheld approval. (c) The Risk Manager shall annually report to the council the total number and amount of all claims filed against the City and the number and amounts of all claims or lawsuits paid by the City during the preceding calendar year. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Added, 06/13/1996) 2.92.080 RECOVERY OF LOSSES. (a) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries to City (Revised 6/06)2.92-4 officers or employees. In addition, the City Attorney may join the City as a party with any third party in a law- suit involving recovery of loss to the City. (b) Allocation of Recoveries. Any moneys recov- ered (excluding costs of recovery) by the Risk Manager or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the risk management fund. (Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §8, 1985) 3.01-1 (Revised 6/06) Chapter 3.01 RATES AND FEES Sections: 3.01.010 INCORPORATION OF RATE TABLES. 3.01.020 FINANCIAL SERVICES - RATE TABLE A. 3.01.030 MUNICIPAL COURT - RATE TABLE B. 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. 3.01.050 POLICE DEPARTMENT - RATE TABLE D. 3.01.060 FIRE DEPARTMENT - RATE TABLE E. 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. 3.01.100 NONRESIDENTIAL USE OF CITY SERVICES. 3.01.010 INCORPORATION OF RATE TABLES. The following Rate Tables A through G attached to the ordinance codified in this chapter are incorporated herein by this reference and hereby adopted. Where the City has adopted State codes pursuant to Chapters 17.04 and 18.02 of the Bremerton Municipal Code, State rates listed for the Uniform Building, Plumbing, Mechanical and Fire Codes are adopted as City rates as listed in Tables C and E and are subject to uniform rate changes made by the State. (Ord. 4880 §1 (in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.020 FINANCIAL SERVICES - RATE TABLE A. Regulatory License Fees Business License Fees Parking Fees Utility/Lien Search Fees Document Reproduction Fees Check Handling Fee (Ord. 4964 §2 (Exh. A), 2006; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4869 §1, 2003; Ord. 4859 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.030 MUNICIPAL COURT - RATE TABLE B. Hearing Examiner Appeal Parking Fines (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. Subdivisions Shoreline Master Program State Environmental Policy Act (SEPA) Appeal to Hearing Examiner Abatements Building Permit Fees Plan Review Fees Mechanical Permit Fees Plumbing Permit Fees Grading Permit and Plan Review Fees Zoning Comprehensive Plan Site Plan Review Site Development Permit (Ord. 4970 §5, 2006; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4908 §1, 2004; Ord. 4906 §3, 2004; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas (Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4810, Amended, 09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.060 FIRE DEPARTMENT - RATE TABLE E. Ambulance Transport Fee EMS Service Call to Assisted Living, Long-Term Care and Adult Care Facilities Fire Rescue Boat Response Hazard Materials Response (Revised 6/06)3.01-2 Stand-By Time Active Firefighting False Alarm Fee Sprinkler/Fire Alarm Plans (Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. Facility Use Rental Rates Sheridan Community Center Bremerton Senior Citizens Center Jarstad Aquatic Center Park Shelters - Reservation Fees Park Reservation Fees Special Events, Celebrations, Weddings Athletic Field - Reservations Blueberry Park - Pea Patch Lions Tennis Court Lights Program Fees and Charges New Programs Glenn Jarstad Aquatic Center Athletic Programs Fees Senior Citizens Center and Recreation Division Programs Ivy Green Cemetery - Fees and Charges Gold Mountain Golf Complex (Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part), 3 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674, Amended, 11/30/1999) 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. Right-of-Way Use Permits Fees Right-of-Way Vacation Telecom Master Permit Fee Telecom License Fee (Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.100 NONRESIDENTIAL USE OF CITY SERVICES. Non-City residents shall pay the rates shown on Rate Table F multiplied by one hundred twenty percent (120%) with the exception of daily admission fees and merchandise for sale. (Ord. 4880 §1 (part), 2003; Ord. 4731, Reaffirmed, 11/30/2000; Ord. 4678, Added, 12/11/1999) 3.01-A1 (Revised 6/06) FINANCIAL SERVICES – RATE TABLE A All Rates Listed Are “Not To Exceed” Fees RATE A. FINANCIAL SERVICES 1. REGULATORY LICENSE FEES BMC 18.06 Ambulance Services Ambulance Inspections $60.00/veh BMC 5.17 Charitable Solicitation Nonprofit $25.00/60 days Professional Fundraiser $675.00/60 days BMC 5.22 Dance/Public $265.00/yr or $70.00/30 days BMC 5.96 Erotic Dance Studios $700.00/yr Dancers $100.00/yr BMC 9.48 Fireworks Stands $100.00/stand/yr BMC 10.24 Housemoving/Oversize Loads $600.00+$65.00/mile to .10 of a mile BMC 5.16 Mobile Food Vendor $150.00/veh/yr BMC 5.16 Peddlers $75.00/yr or $25.00/30days BMC 5.04 Petshops $150.00/yr Grooming Parlors $50.00/yr Animal Welfare Facilities $50.00/yr BMC 5.36 Special Events: Profit $675.00/event Nonprofit $70.00/event BMC 5.20 Street/Sidewalk Vendors $250.00/yr BMC 5.16 Temporary Merchant $400.00/30 days 2. BUSINESS LICENSE FEE BMC 5.02 $65.00/yr 3. PARKING On-Street Locations Not to Exceed $20.00/3 hrs $30.00/10 hrs Off-Street Location Not to Exceed $20.00/3 hrs $30.00/10 hrs Parking Garage Not to Exceed $140.00/mo 4. UTILITY/LIEN SEARCH FEES Per Parcel $30.00/search per parcel 5. DOCUMENT REPRODUCTION FEES Per Page – 8 1/2 by 11, 8 1/2 by 14, and 11 by 17 paper sizes (No fee for first 50 pages) $0.15/pg (Revised 6/06)3.01-A2 Audio or Video Tapes $10.00 Computer Disks $10.00 Certification $3.50 Oversized Plans, Aerial Photos, Drawings, and Maps (Black and White) $8.00/pg Color GIS Plotted Maps $5.00/sq ft Other Documents: Medical Records Fees shall be pursuant to RCW 70.02.010(12) Budget $25.00 Annual Report $25.00 In addition to the above fees, each department may establish fees for records that do not fall into one of the above categories. Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. 6. CHECK HANDLING FEE $40.00 FINANCIAL SERVICES – RATE TABLE A All Rates Listed Are “Not To Exceed” Fees RATE 3.01-C1 (Revised 6/06) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees RATE C. DEPARTMENT OF COMMUNITY DEVELOPMENT 1. SUBDIVISIONS Short $1,000.00 + $150.00 per lot Long Plat $2,500.00 + $150.00 per lot Final Plat $315.00 2. SHORELINE MASTER PROGRAM Substantial Development Permit $650.00 Conditional Use Permit $1,750.00 Shoreline Variance $1,750.00 Permit Revision $325.00 Shoreline Exemption $100.00 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320.00 Environmental Impact Statement Review/Adoption $650.00 + additional cost of expertise 4. APPEAL (to Hearing Examiner)$175.00 5. ABATEMENTS Dangerous Building $900.00 + direct service and supply cost Garbage & Weed $640.00 + direct service and supply cost 6. BUILDING PERMIT FEES - Refer to Exhibit 1 7. PLAN REVIEW FEES Note: 50% of the Plan Review Fee may be waived in cases of multiple submittals of identical residential plans within a calendar year. This waiver shall not apply in the event of an applicable code change. 65% of the building permit fee as set forth in Exhibit 1 8. MECHANICAL PERMIT FEES - Refer to Exhibit 2 9. PLUMBING PERMIT FEES - Refer to Exhibit 3 10. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4 11. ZONING ORDINANCE Ordinance Amendments Text $740.00 Rezone (Map Amendment) $740.00 Variance Administrative $325.00 Public Hearing/Single-Family $500.00 Public Hearing/Other $1,750.00 Residential $1,500.00 + Cluster Development $100.00/DU (Revised 6/06)3.01-C2 Development Agreements $1,600.00 Conditional Use Permit Administrative (No public hearing) $350.00 Hearing Examiner/SF Residential $500.00 Hearing Examiner/Other $1,750.00 Nonconforming Use Determination $275.00 Director's Code Interpretation $175.00 12. COMPREHENSIVE PLAN Text or Map Amendment $1,500.00 Combined Text and Map Amendment $2,500.00 13. SITE PLAN REVIEW Four or Fewer Residential Units $250.00 Other $500.00 14. SITE DEVELOPMENT PERMIT $500.00 (Fee waived if concurrent with site plan review) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees RATE 3.01-C3 (Revised 6/06) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours.....................................................................................$47.00 per hour1 (minimum charge - two (2) hours) 2. Reinspection fees assessed under provisions of this chapter shall be as follows (per inspection): ...................................................................................................................................$49.50 per hour1 3. Inspections for which no fee is specifically indicated...........................................................................$47.00 per hour1 (minimum charge - one-half hour) 4. Additional plan review required by changes, additions or revisions to plans.......................................$47.00 per hour1 (minimum charge - one-half hour) 5. For use of outside consultants for plan checking and inspections, or both...............................................Actual Costs2 6. Mobile home setup fees Double Wide.......................................................................................................................................................$150.00 Triple Wide.........................................................................................................................................................$200.00 7. Moved Building Permit Fee (not including other required permits) ....................................................................$100.00 8. Energy Code Plan Review Surcharge for New Single-Family Residences..........................................................$50.00 9. Fence Building Permit Fee per BMC 17.04.040(c) ..............................................................................................$25.00 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. (Revised 6/06)3.01-C4 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters 1. For the issuance of each mechanical permit $23.50 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $7.25 Unit Fee Schedule (Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW) $14.80 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW)$18.20 For the installation or relocation of each floor furnace, including vent $14.80 For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater $14.80 2. Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $7.25 3. Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $13.70 4. Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including three horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW) $14.70 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW)$27.15 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW)$37.20 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)$55.45 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)$92.65 3.01-C5 (Revised 6/06) 5. Air Handlers For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $10.65 For each air-handling unit over 10,000 cfm (4719 L/s) $18.10 6. Evaporative Coolers For each evaporative cooler other than portable type $10.65 7. Ventilation and Exhaust For each ventilation fan connected to a single duct $7.25 For each ventilation system which is not a portion of any heating or air- conditioning system authorized by a permit $10.65 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $10.65 8. Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table $10.65 For each gas piping system of 1 - 5 outlets $6.25 For each additional gas piping system outlet, per outlet $1.25 Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge - two hours)$49.501 Reinspection fees assessed under provisions of this chapter shall be as follows (per inspection): $49.50 1 Inspections for which no fee is specifically indicated, per hour (minimum charge - one-half hour) $49.50 1 Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge - one-half hour)$49.501 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees EXHIBIT 2 MECHANICAL PERMIT FEES (Revised 6/06)3.01-C6 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1. For issuing each permit $20.00 2. For issuing each supplemental permit $10.00 Unit Fee Schedule (in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor) $7.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems - per drain (inside building) $7.00 4. For each cesspool (where permitted) $25.00 5. For each private sewage disposal system $40.00 6. For each water heater and/or vent $7.00 7. For each gas piping system of one to five outlets $5.00 8. For each additional gas piping system outlet, per outlet $1.00 9. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7.00 10. For each installation, alteration or repair of water piping and/or water treating equipment, each $7.00 11. For each repair or alteration of drainage or vent piping, each fixture $7.00 12. For each lawn sprinkler system on any one meter including backflow protection devices therefor $7.00 13. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 Over 5, each $5.00 $1.00 14. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inch (51 mm) diameter and smaller Over 2 inch (51 mm) diameter $7.00 $15.00 15. For each graywater system $40.00 16. For initial installation and testing for a reclaimed water system $30.00 1 17. For each annual cross-connection testing of a reclaimed water system (excluding initial test)$30.001 18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $50.00 19. For each additional medical gas inlet(s)/outlet(s) $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours $30.00 1 2. Reinspection fee $30.00 3. Inspections for which no fee is specifically indicated $30.00 1 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $30.00 1 1Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. 3.01-C7 (Revised 6/06) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No fee 51 to 100 cubic yards (40 m3 to 76.5 m3)$23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)$37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3)$49.25 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m 3), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) $269.75 for the first 100,000 cubic yards (76,455 m 3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards (152,911 m 3), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $50.50 per hour 1 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PERMIT FEES1 50 cubic yards (38.2 m3) or less $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3)$37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m 3), plus $17.50 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards (764.6 m 3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5 m 3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455 m 3), plus $36.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) $50.50 per hour 2 2. Reinspection fees assessed under provisions of this chapter shall be as follows (per inspection) $49.50 per hour 2 3. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $50.50 per hour 2 1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 3.01-D1 (Revised 6/06) POLICE DEPARTMENT – RATE TABLE D All Rates Listed Are “Not To Exceed” Fees RATE D. POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS $7.00 2. FINGERPRINTS 1st Card $8.00 Each Additional Card $8.00 3. CRIMINAL HISTORY CHECK $8.00 4. VERIFICATION LETTER FOR LOST OR STOLEN PROPERTY $8.00 5. PHOTO PRINTS (Per Set When in Possession of the Department) Actual Cost of Processing 6. LICENSES FOR DOGS AND CATS For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) $7.50 For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) $12.50 For Each Cat Not Spayed or Neutered $37.50 For Each Dog Not Spayed or Neutered $37.50 Senior Permanent Dog/Cat $12.50 7. ALARM COMPLIANCE FEE 1st False Alarm in Any 1 Quarter $40.00 2nd False Alarm in the Same Quarter $80.00 3rd False Alarm in the Same Quarter or Subsequent Alarms in a Calendar Quarter $160.00 8. SERVICE FEE FOR ANTI-HARASSMENT ORDER $40.00 9. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant $15.00 + mileage Subpoena $6.00 + mileage Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) $0.25 per mile 3.01-E1 (Revised 6/06) FIRE DEPARTMENT – RATE TABLE E All Rates Listed Are “Not To Exceed” Fees RATE E. FIRE DEPARTMENT 1. AMBULANCE TRANSPORT FEE ALS Residents $450.00 ALS Nonresidents $550.00 BLS Residents $375.00 BLS Nonresidents $450.00 Mileage $9.00/mile 2. EMS SERVICE CALL TO ASSISTED LIVING, LONG-TERM CARE AND ADULT CARE FACILITIES $100.00 after first response per quarter 3. FIRE RESCUE BOAT RESPONSE Resident $115.00 Nonresidents $200.00 4. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 5. STAND-BY TIME Per crew of 3 $98.00/hour Fire Engine - Crew of 4 $115.00/hour 6. ACTIVE FIREFIGHTING Fire Engine $121.00/hour Aerial Ladder $200.00/hour 7. FALSE ALARM FEE $120.00 for second $225.00 for 3 or more per quarter 8. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates* *Uniform Building Code or International Fire Code 3.01-F1 (Revised 6/06) PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE F. PARKS AND RECREATION DEPARTMENT NONRESIDENT FEE - BASE FEE PLUS 20% 1. FACILITY USE RENTAL RATES Facility use policies apply Appropriate taxes are included in rates unless otherwise noted (a) SHERIDAN COMMUNITY CENTER – ROOM RENTAL RATES (Group A) NONCOMMERCIAL – Rental Rates Recreation and/or educational purposes only Per hour, 2 hour minimum Daytime (Monday – Friday - 8:00 AM to 5:00 PM) Lounge $7.00 Room A, B, C, or Conference Room $5.00 Gym $15.00 Evenings (Monday – Thursday - 5:00 PM to 10:00 PM) Lounge $15.00 Room A, B, C $10.00 Conference Room $12.00 Gym $20.00 Party Package (Lounge & Gym) $30.00 Entire building – Up to 8 hours $500.00 Additional staff (per hour) $15.00 Regular Groups (10 or more meetings a year reserved in advance) 20% discount Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday Lounge $20.00 Room A, B, C $10.00 Conference Room $12.00 Gym $25.00 Party Package (Lounge & Gym) $40.00 Entire building – Up to 8 hours $500.00 Additional staff (per hour) $15.00 (Group B) COMMERCIAL – Rental Rates Recreational and/or educational purposes only (Revised 6/06)3.01-F2 Per hour, 2 hour minimum Lounge $25.00 Room A, B, C $20.00 Conference Room $20.00 Gym $40.00 Room Package (Lounge & Gym) $70.00 Entire Building - Up to 8 hours $800.00 Additional Staff (per hour) $15.00 (b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES (Group A) NONCOMMERCIAL – Rental Rates Room Rental Fees – per hour, 2-hour minimum Cardroom/Meeting Room $15.00 Main Room $30.00 Kitchen $10.00 Additional staffing per hour $10.75 Entire Facility up to 8 hours $200.00 (Group B) COMMERCIAL – Rental Rates Room Rental Fees – per hour, 2-hour minimum Cardroom/Meeting Room $30.00 Main Room $60.00 Kitchen $20.00 Additional staffing per hour $16.25 Entire Facility – Up to 8 hours $400.00 (c) JARSTAD AQUATIC CENTER (Group A) NONCOMMERCIAL – Rental Rates Private - Nonprofit Up to 50 participants Per hr $60.00 Staffing each added hr $12.00 51 - 100 Per hr $70.00 101 - 150+ Per hr $80.00 Gallery $6.00 Team Deep Lanes Per hr per lane $3.25 Shallow Lanes Per hr per lane $2.25 Staffing Per hr as needed $15.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F3 (Revised 6/06) School Lessons Up to 35 students $56.00 36 - 45 students $68.00 46 - 55 students $80.00 (Group B) COMMERCIAL – Rental Rates Commercial Per hr $66.00 Deep Lanes Per hr per lane $6.75 Shallow Lanes Per hr per lane $4.50 Staffing Per hr as needed $15.00 (d) PARK SHELTERS – RESERVATION FEES Four hour sessions per reservation unless noted. Note - Shelter #4 is not reservable. Use of shelter #4 is on a first come/first served basis. Parties who have reserved the other Evergreen Park shelters may not use shelter #4 at the same time. (Group A) NONCOMMERCIAL – Rental Rates Evergreen Shelter 1 $50.00 Evergreen Shelter 2, 3, 5, or 6 $25.00 Evergreen Shelter 4 (not reservable) no charge Lions Park Shelter $35.00 Upper NAD $20.00 Lent Landing Gazebo $25.00 (Group B) COMMERCIAL – Rental Rates Evergreen Shelter 1 $75.00 Evergreen Shelter 2, 3, 5, or 6 $40.00 Evergreen Shelter 4 (not reservable) no charge Lions Park Shelter 50.00 Upper NAD $30.00 Lent Landing $40.00 (e) PARK RESERVATION FEES Parks without shelters or misc. park areas $25.00 (f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS Louis Mentor Boardwalk $200.00 Other parks Reservation fee + $100.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 6/06)3.01-F4 (g) ATHLETIC FIELD – RESERVATIONS Per hour unless noted (Group A) NONCOMMERCIAL - Rental Rates $15.00 (Group B) COMMERCIAL - Rental Rates $30.00 Game Fee - Softball $25.00 Game Fee - Soccer $40.00 (h) BLUEBERRY PARK – PEA PATCH ANNUAL RATE Recreational purposes only 1/2 plot (20 ft. by 20 ft.) $18.00 1 plot (20 ft. by 40 ft.) $36.00 1+ lot (20 ft. by 50 ft.) $54.00 (i) LIONS TENNIS COURT LIGHTS 1 token (1 hour)$1.50 6 tokens (6 hours)$7.50 2. PROGRAM FEES & CHARGES (a) NEW PROGRAMS Not to exceed cost plus 25% (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0 - 3 yrs.)NC Youth (4 - 17 yrs.)$2.50 Adult (18 - 54 yrs.)$3.00 Seniors (55 & up)$2.50 Disabled $2.50 Adult Fitness $3.00 Senior Fitness $2.50 Disabled Fitness $2.50 Special Public $1.00 PUNCH CARDS Youth 10 punch $20.00 Youth 20 punch $40.00 Adult 10 punch $24.00 Adult 20 punch $48.00 Senior/Disabled 10 punch $20.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F5 (Revised 6/06) Senior/Disabled 20 punch $40.00 Fitness/Lesson 10 punch $24.00 Fitness/Lesson 20 punch $48.00 Senior/Disabled Fitness 10 punch $20.00 Senior/Disabled Fitness 20 punch $40.00 PASSES Youth 6 months $108.00 Youth 12 months $207.00 Adult 6 months $132.00 Adult 12 months $253.00 Senior/Disabled 6 months $108.00 Senior/Disabled 12 months $207.00 SWIMMING LESSONS Youth/Adult 30 minimum $3.50 Private 30 minimum $13.00 Semi-Private 30 minimum $20.00 Parent Tot $3.00 Family Lessons 4 lessons $68.00 ITEMS FOR SALE Basic goggles $6.00 Deluxe goggles $14.00 Latex cap $4.00 Ear plug $3.00 Nose plug $3.00 New items (includes Washington State Sales Tax) Not to exceed cost plus 75% (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $250.00 Men and Women (Spring) per team $250.00 Men and Co-ed Sand (Summer) per team $115.00 Open Gym (Oct. - June) per person $2.00 SOCCER Player's fee per player $40.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 6/06)3.01-F6 BASKETBALL Men's League (Fall & Winter) per team $475.00 Boy's League (Winter) per team $275.00 Girl's League (Fall) per player $55.00 Blacktop League (Summer) no charge SOFTBALL Men's League (Spring) per team $550.00 Men's League - Player's fee (Spring) per player $20.00 Sunday Co-ed (Spring) per team $400.00 Sunday Co-ed - Player's fee (Spring) per player $15.00 Co-ed League (Fall) per team $460.00 Co-ed - Player's fee (Fall) per player $13.00 Men's League (Fall) per team $460.00 Men's League - Players fee (Fall) per player $13.00 TOURNAMENTS (SOFTBALL AND SOCCER) - INVITATIONAL TOURNAMENTS Lions - One Day $320.00 Lions - Two Days $500.00 Lions - Three Days $700.00 Pendergast - One Day $390.00 Pendergast - Two Days $685.00 Pendergast - Three Days $800.00 - STATE TOURNAMENTS Lions - One Day $470.00 Lions - Two Days $700.00 Lions - Three Days $800.00 Pendergast - One Day $590.00 Pendergast - Two Days $780.00 Pendergast - Three Days $950.00 - Regional and National Tournaments will pay no less than State fees, but rates will be negotiated 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FORMULAS. Except for the Senior Citizens' Trip Program, participant fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen Center and the Recreation Division are established by the following formulas: PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F7 (Revised 6/06) A. Activities when the instructor is on the payroll. [(Total class hours including preparation) x (Instructor's hourly wage) x (1.2 Administration factor)] divided by (minimum # of students per activity) + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident. B. Activities when the instructor is on contract. [(Price per student required by the Instructor less class supply fees) x (1.2 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. C. Nonresident Fees. For recreation classes, programs, swim passes and rentals - ranging from: $5.00 to $25.00 add on 20% $25.01 to $50.00 add a flat $5.00 $50.01 to $100.00 add a flat $10.00 $100.01 to $200.00 add a flat $20.00 $200.01+ add a flat $40.00 (b) SENIOR CENTER ACTIVITIES Participants pay an annual membership fee resident or nonresident in lieu of the 20% nonresident rate Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address; They will be able to purchase two resident memberships for $10.00 or two nonresident memberships for $20.00. Community Members Memberships are for senior living facilities who are interested in purchasing a group of tickets (10, 20 or more) so their residents can check out the membership cards from them. That way more residents can participate in our programs. These rates are the normal resident and nonresident rates. The residency is based on where the senior living facility is located. Associate Memberships are for those individuals not yet 55 but who still would like to participate in the programs, trips and classes offered at the center. This is a great membership for sons and daughters of members or active adults who participate at the Bremerton Senior Center. The fee is $9.00 for residents and $15.00 for nonresidents Senior Citizen – City resident annual membership $5.50 Senior Citizen – Nonresident annual membership $11.00 Senior Citizen – City resident couples annual membership $10.00 Senior Citizen – Nonresident couples annual membership $20.00 Senior Citizen – City resident associate annual membership $9.00 Senior Citizen – Nonresident associate annual membership $15.00 (c) SENIOR CENTER TRIPS Actual costs plus 25% PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 6/06)3.01-F8 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees 4. IVY GREEN CEMETERY - FEES AND CHARGES RATE RESIDENT RATE NONRESIDENT (a) ADULT BURIAL Grave Site $840.00 $1,008.00 Opening/Closing $525.00 $630.00 Liner $515.00 $618.00 Oversize Liner (if required) $746.40 $895.68 Grave Side Service Preparation (optional) $146.40 $175.68 (b) VETERANS PLOT Opening/Closing $525.00 $630.00 Liner $515.00 $618.00 Oversize Liner (if required) $746.40 $895.68 Grave Side Service Preparation (optional) $175.00 $210.00 Stone Marker Setting $88.80 $106.56 Bronze Marker Setting $79.20 $95.04 (c) INFANT BURIAL Infant Plot in Babyland $205.20 $246.24 Opening/Closing $319.20 $383.04 Liner $224.40 $269.28 Grave Side Service Preparation (optional) $175.00 $210.00 (d) DISINTERMENT Removal & Opening of New Site $1,098.00 $1,317.60 Site Purchase $840.00 $1,008.00 Liner $498.00 $597.60 Removal (only) $722.00 $878.40 Cremaining $175.20 $210.24 (e) ADDITIONAL BURIAL COSTS 2 hour max. $146.40 $175.68 4 hour max. $292.80 $351.36 (f) LINERS Adult $515.00 $618.00 Infant $224.40 $269.28 Cremation Vault (2 piece) $120.00 $144.00 Oversize Liner (if required) $746.40 $895.68 3.01-F9 (Revised 6/06) (g) OPENING AND CLOSING Adult $525.00 $630.00 Infant (Babyland) $319.20 $383.04 Urn Interment (per urn) $100.00 $120.00 (h) BURIAL SITES Adult $840.00 $1,008.00 Infant (Babyland) $205.20 $246.24 Infant (any site not in Babyland) $840.00 $1,008.00 (i) INURNMENT Cement Vault $120.00 $144.00 Opening/Closing $120.00 $144.00 Grave Side Service Preparation (optional) $175.00 $210.00 Second Right of Inurnment $200.00 $240.00 (j) DISURNMENTS Urn $175.20 $210.24 (k) RAISE GRAVE $117.60 $141.12 (l) MARKERS 5" x 8" bronze plus tax $70.00 $84.00 4" x 12" x 2" x 3" plus tax $76.00 $91.00 8" x 16" x 2" x 3" plus tax $80.00 $96.00 10" x 20" x 2" x 3" plus tax $90.00 $108.00 12" x 24" x 2" x 3" plus tax $95.00 $114.00 12" x 24" bronze plus tax $95.00 $114.00 12" x 36" x 2" x 3" plus tax $140.00 $168.00 14" x 36" x 2" x 3" plus tax $145.00 $174.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees (Revised 6/06)3.01-F10 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax) (a) CASCADE COURSE Weekday 18 Holes*$29.00 Weekend/Holiday 18 Holes (3) $39.00 Weekday 9 Holes*$21.00 Weekend/Holiday 9 Holes $24.00 Weekday 9-Hole Continue* $9.00 Weekend/Holiday 9-Hole Continue $15.00 Twilight Weekday*$21.00 Twilight Weekend/Holiday $24.00 League Rate**$20.00 Senior 18 Holes*$21.00 Junior 18 Holes* $13.00 Junior Twilight Weekend/Holiday $13.00 Annual Pass Single $1,380.00 Annual Pass Couple $2,200.00 Annual Pass Family*** $2,200.00 plus $190.00 per junior Annual Pass Senior Single** $910.00 Annual Pass Senior Couple** $1,435.00 Semi-Annual Single – first 1/2 of year $690.00 Semi-Annual Single – second 1/2 of year $740.00 Semi-Annual Couple – first 1/2 of year $1,110.00 Semi-Annual Couple – second 1/2 of year $1,150.00 Semi-Annual Senior Single** – first 1/2 of year $455.00 Semi-Annual Senior Single** – second 1/2 of year $500.00 Semi-Annual Senior Couple** – first 1/2 of year $765.00 Semi-Annual Senior Couple** – second 1/2 of year $815.00 Senior Punch Card** (2) $180.00 Regular 20-Round Punch Card $455.00 Regular 10-Round Punch Card $245.00 Junior 10-Round Punch Card $80.00 Low-Income Senior Punch Card** **** (2) $80.00 Corporate Pass* (2) $2,105.00 Daily Private Cart $17.00 Annual Cart Fee $140.00 Shotgun Tournament (Not to Exceed) 18-Hole Green Fee $55.00 * Monday through Thursday 3.01-F11 (Revised 6/06) ** Not for Saturday, Sunday or holiday *** From June through September, juniors may only play after 11:00 a.m. on weekends and holidays **** Age 62 & up with household income < $18,000.00 (RCW 71.38.070) 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Director of Parks & Recreation 2. May be used for twilight any day of the week including holidays 3. Saturday, Sunday or holiday (May through September not to exceed rate) (b) OLYMPIC COURSE Weekday 18 Holes*$40.00 Weekend/Holiday 18 Holes (2) $55.00 Weekday 9 Holes*$23.00 Weekend/Holiday 9 Holes $33.00 Weekday 9-Hole Continue* $17.00 Weekend/Holiday 9-Hole Continue $22.00 Twilight Weekday*$22.00 Twilight Weekend/Holiday $26.00 Junior Twilight Weekend $20.00 League Rate** $20.00 Senior 18 Holes*$33.00 Junior 18 Holes*$23.00 Cascade Passes and Punch Cards $10.00 Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (2) $70.00 * Monday through Thursday ** Not for Saturday, Sunday or holiday 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks & Recreation Director 2. Saturday, Sunday or holiday (May through September not to exceed rate) PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-G1 (Revised 6/06) FIRE DEPARTMENT – RATE TABLE G All Rates Listed Are “Not To Exceed” Fees G. PUBLIC WORKS AND UTILITIES DEPARTMENT RATE 1. RIGHT-OF-WAY USE PERMITS FEES Type A (Short-Term Use) Regular $150.00 Type B (Disturbance of ROW) Sidewalk Repairs $50.00 Driveway, Transverse Street Patch and Spot Patches $150.00 Frontage Improvements (Curb, Gutter, Sidewalk, Illumination, Etc.); Longitudinal Street Patch $3.00/foot with a $150.00 minimum New Street $5.00/foot with a $600.00 minimum Water & Sewer Mains & Laterals (ROW Permit) $150.00 Type C (Long-Term Use) Application and Processing $100.00 Use Longer Than One Year 1/10 adjoining land value set in the County Assessor's records per square foot of impacted ROW annually with a $100.00 minimum Use Shorter Than One Year 1/50 adjoining land value set in the County Assessor's records per square foot of impacted ROW monthly with a $100.00 minimum Type D Regular (Franchised Utility Routine Maintenance) $100.00 Plan Reviews $0.20/foot of improvement with $100.00 minimum Additional Work $40.00/hour + equipment charges 2. RIGHT-OF-WAY VACATION $550.00 3. TELECOM MASTER PERMIT FEE $500.00/one time 4. TELECOM LICENSE FEE $200.00/one time 7.04-1 (Revised 6/06) Bremerton Municipal Code 7.04.020 Chapter 7.04 GENERALLY Sections: 7.04.010 DECLARATION. 7.04.020 DEFINITIONS. 7.04.030 AUTHORITY TO ANIMAL CONTROL AUTHORITY. 7.04.040 ANIMAL CONTROL ZONE ESTABLISHED. 7.04.050 CONSTRUCTION. 7.04.010 DECLARATION. The ordinance codified in this title is enacted to enhance the public health, safety, welfare and conve- nience through the regulation of animal behavior to the end that offensive animal behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care and treatment of animals to the end that cruelty to animals will be reduced or eliminated. (Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.020 DEFINITIONS. The terms defined below have the meanings that follow unless the context in which they are used clearly indicates a different meaning: (a) "Adequate food and water" means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access. (b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry, and by application does not cause the animal injury, disfigurement, or physical impairment. (c) "Adult cat" means a cat more than six (6) months of age. (d) "Adult dog" means a dog more than six (6) months of age. (e) "Animal control authority" means the Bremer- ton Police Department, Kitsap Animal Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to enforce the City’s animal con- trol provisions. (f) "Animal welfare facility" means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization. (g) "Animal welfare organization" means any pub- lic or private organization registered with the Washing- ton Secretary of State’s Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization’s offic- ers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. (h) "At large" means an animal that is off the pre- mises of the owner and not under physical restraint ade- quate for its size and nature or is sufficiently near its owner to be under its owner's direct control and is obe- dient to its owner's commands, except that all dogs must be leashed when off the premises of the owner; pro- vided, however, unleashed dogs shall be allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. (i) "Commercial pet facility" means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment. (j) "Dangerous animal" means any pet or live- stock that: (1) Inflicts severe injury on a human being without provocation on public or private property; (2) Kills a domestic animal without provoca- tion while the attacking animal is off the owner’s prop- erty; or (3) Has been previously found to be poten- tially dangerous, because of injury inflicted on a human, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans, pets, or livestock. (k) "Feral cat" means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled. (l) "Grooming parlor" means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged. (m) "Hearing examiner" means the Municipal Hearings Examiner established under Chapter 2.62 BMC. (n) "Hybrid(s)" means the offspring of two (2) ani- mals of different species, such as the offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis lupus). (o) "Impoundment" means when an animal is placed under the control or custody of the animal control authority. (p) "Juvenile cat" means a cat seven (7) weeks to six (6) months of age. (q) "Juvenile dog" means a dog seven (7) weeks to six (6) months of age. (Revised 6/06)7.04-2 7.04.030 (r) "Livestock" means animals including, but not limited to, all equine (horse, mule), bovine (cattle), por- cine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca), ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by the State of Washington), or federally per- mitted fowl and other pen raised fowl, or other animals raised primarily for use as food or fiber for human utili- zation or consumption. (s) "Owner" means any person or entity which controls, maintains, possesses, has custody of, or other- wise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities. (t) "Pet" means any animal maintained by a per- son or entity for the primary purpose of personal enjoy- ment, exhibition, companionship or service including, but not limited to, domesticated animals, such as cats and dogs, and nondomesticated animals suitable to liv- ing in companionship with humans, such as some birds and mammals. (u) "Pet shop" means a commercial establishment that acquires pets for the purpose of resale. (v) "Potentially dangerous animal" means any ani- mal that when unprovoked: (1) Inflicts a bite(s) on a human, pet, or live- stock either on public or private property; (2) Chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or any animal; (3) With a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or live- stock on any public or private property. (w) "Provoke" means to intentionally agitate, harass, or excite an animal. (x) "Service dogs" means any guide or signal dog individually trained to provide assistance to an individ- ual with a disability or that serves public or tribal law enforcement, as well as any dog enrolled in a recognized formal training program for those types of services. (y) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requir- ing multiple sutures or cosmetic surgery. (z) "Wheeled vehicle" means any wheeled con- veyance intended for use as a means of transport of per- sons or goods. (Ord. 4952 § 1, 2005; Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.030 AUTHORITY TO ANIMAL CONTROL AUTHORITY. (a) The City grants to the animal control authority the authority within Chapters 16.08, 16.10 and 16.52 RCW, and further vests in the animal control authority the primary responsibility for animal control and for securing compliance with this title. (b) Employees of the animal control authority over the age of twenty-one (21), who are commissioned as Washington Humane Officers by the Superior Court, may be commissioned as special officers by the Police Chief. When so commissioned, the officer shall thereby be charged with the enforcement of all ordinances, stat- utes and regulations relating to the care, treatment, con- trol, impoundment, and licensing of animals. Such commissions may be issued and revoked in the discre- tion of the Police Chief. (Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.040 ANIMAL CONTROL ZONE ESTABLISHED. All of the area within the city limits of Bremerton is declared to be a single animal control zone. (Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.050 CONSTRUCTION. This title shall be liberally interpreted and con- strued to secure the public health, safety, morals and welfare and the rules of strict construction shall have no application. (Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.15-1 (Revised 6/06) Bremerton Municipal Code 7.15.010 Chapter 7.15 INFRACTIONS Sections: 7.15.010 INFRACTIONS. 7.15.020 INFRACTION PENALTY. 7.15.030 INFRACTION PROCEDURE. 7.15.040 ENFORCEMENT BY CIVIL ACTION. 7.15.050 UNLAWFUL - VIOLATIONS AND PENALTIES. 7.15.010 INFRACTIONS. The following are declared to be Class 1 civil infractions: (a) Animal at Large. For the owner of a pet or live- stock to suffer or permit such animal to leave the pre- mises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC; (b) Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c) Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squeal- ing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unrea- sonably disturbs or interferes with the peace of any per- son(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this sub- section are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors oth- erwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by will- ful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d) Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the pre- mises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (e) Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suf- fer or permit the animal to disturb people lawfully on public ways. For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (f) Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (g) Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (i) Excess Number of Animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (j) Failure to License. To fail to license a cat or dog as required by BMC 7.08.010(a); (k) Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (l) Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their prop- erty; (m) Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared danger- ous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section; (n) Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or other- wise transfer for the purpose of changing ownership any (Revised 6/06)7.15-2 7.15.020 pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show; (o) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (p) Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (q) Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code; (r) Outdoor Feeding. To feed or allow any domes- tic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; (s) Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal. (Ord. 4952 § 2, 2005; Ord. 4949 § 1 (part), 2005) 7.15.020 INFRACTION PENALTY. The base penalty for any infraction specified in BMC 7.15.010 shall be seventy-six dollars ($76.00) for the first violation, one hundred forty-two dollars ($142.00) for the second infraction committed within one (1) calendar year, and one hundred ninety-two dol- lars ($192.00) for the third and subsequent infractions committed within one (1) calendar year. In addition to the base penalty, a public safety and educational assess- ment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a sep- arate and distinct infraction. (Ord. 4949 § 1 (part), 2005) 7.15.030 INFRACTION PROCEDURE. Infractions under this title shall, insofar as possible, be charged and processed pursuant to justice court traf- fic infraction rules as now or hereafter amended. (Ord. 4949 § 1 (part), 2005) 7.15.040 ENFORCEMENT BY CIVIL ACTION. Any action or inaction by any animal or the owner or keeper thereof which is contrary to the provisions of this title, regardless if such constitutes a crime or infrac- tion hereunder, shall be, and the same are declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the pros- ecuting attorney. (Ord. 4949 § 1 (part), 2005) 7.15.050 UNLAWFUL - VIOLATIONS AND PENALTIES. (a) It shall be unlawful: (1) To fail to respond to a notice of infraction issued pursuant to this chapter. (b) Any violation of this chapter as set forth in this section shall constitute a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4949 § 1 (part), 2005) 13.04-1 (Revised 6/06) Chapter 13.04 PARK CODE Sections: 13.04.010 TITLE. 13.04.020 DEFINITIONS. 13.04.030 SIGNS, BILLBOARDS, ETC. 13.04.040 DESTROYING PARK PROPERTY. 13.04.050 ANIMALS AT LARGE. 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. 13.04.070 TREATMENT OF ANIMALS AND BIRDS. 13.04.080 SOLICITING AND PEDDLING. 13.04.090 MEETINGS AND ASSEMBLIES. 13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES. 13.04.110 GAMES AND SPORTS. 13.04.120 POLLUTING WATERS. 13.04.130 FIRES. 13.04.140 INTOXICATING LIQUOR. 13.04.150 HOURS. 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. 13.04.170 PROCEEDING AGAINST VIOLATORS. 13.04.180 PENALTY FOR VIOLATIONS. 13.04.010 TITLE. This chapter shall be known and may be cited as the park code of the city of Bremerton. (Ord. 2191 §101, 1956) 13.04.020 DEFINITIONS. The following terms, phrases, words and their deri- vations will have the meaning given herein, unless inconsistent with the context. Words using the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive: (1) "Superintendent" is the person immediately in charge of all park areas and their activities, and to whom all park attendants of any area are responsible. (2) "Park" is a park, playground, beach, recreation center, or any other area in the city owned or used by the city and devoted to active or passive recreation. (3) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. (Ord. 2191 §102, 1956) 13.04.030 SIGNS, BILLBOARDS, ETC. It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; or with- out the written consent of the superintendent, to place or erect in any park, a structure of any kind; provided, that the superintendent may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2191 §103, 1956) 13.04.040 DESTROYING PARK PROPERTY. It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or other property lawfully in any park. (Ord. 2191 §104, 1956) 13.04.050 ANIMALS AT LARGE. It is unlawful to allow or permit any animal to run at large in any park, or enter any lake, pond, fountain or stream therein, except that unleashed dogs are allowed in designated dog park areas within the City of Bremer- ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105, 1956) 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except the superintendent may authorize archery, and the firing of small bore arms and fireworks at desig- nated times and places suitable for their use. (Ord. 2191 §106, 1956) 13.04.070 TREATMENT OF ANIMALS AND BIRDS. It is unlawful in any manner to tease, annoy, dis- turb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl. (Ord. 2191 §107, 1956) 13.04.080 SOLICITING AND PEDDLING. No person shall solicit alms or contributions for any purpose, whether public or private, nor expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except the licensed concessionaire acting by and under the author- ity of the superintendent. (Ord. 2191 §108, 1956) (Revised 6/06)13.04-2 13.04.090 MEETINGS AND ASSEMBLIES. It is unlawful to hold, or participate in, any religious or political meeting or other assembly in any park, with- out the written permission of the superintendent so to do. (Ord. 2191 §109, 1956) 13.04.100 RIDING MOTOR VEHICLES, NON- MOTORIZED VEHICLES AND HORSES. (a) It is unlawful to ride or drive any bicycle, tricy- cle, skateboard, horse or pony over or through any park except within and upon the park drives, parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of fifteen (15) miles per hour, except as otherwise authorized by the Director of Parks and Recreation. (b) It is unlawful to park, ride or drive any motor- cycle or motor vehicle upon, over or through any park except within and upon park drives, parkways, park boulevards, rights-of-way or parking lots located within a park and designated for such use, except as otherwise authorized by the Director of Parks and Recreation. (Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191 §110, 1956) 13.04.110 GAMES AND SPORTS. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badmin- ton, or other games of like character or to hurl or propel any airborne or other missile except at places set apart for such purposes by the superintendent. (Ord. 2191 §111, 1956) 13.04.120 POLLUTING WATERS. No person in a park shall throw, discharge, or oth- erwise place or cause to be placed in the waters of any fountain, pond, bay or other body of water in or adjacent to any park or storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. No person in a park shall have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left any- where on the grounds thereof, but shall be placed in the proper receptacles where they are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 2191 §112, 1956) 13.04.130 FIRES. It is unlawful to build any fires in any park except in areas designated by the superintendent. (Ord. 2191 §113, 1956) 13.04.140 INTOXICATING LIQUOR. It is unlawful to bring into or consume in any park any whiskey, wine, beer or other intoxicating liquors. (Ord. 2191 §114, 1956) 13.04.150 HOURS. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for pub- lic information. Any section or part of any park may be declared closed to the public by the superintendent at any time and for any interval of time, either temporarily or at regular and intervals (daily or otherwise) and either entirely or merely to certain uses, as the superintendent shall find reasonably necessary. (Ord. 2191 §115, 1956) 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. It is unlawful to violate or fail to comply with any park rule or regulation duly posted by the superinten- dent, and the superintendent or any park attendant shall have the authority to eject from a park, any person act- ing in violation of this chapter. (Ord. 2191 §116, 1956) 13.04.170 PROCEEDING AGAINST VIOLATORS. Anyone concerned in the violation of this chapter, whether directly or indirectly committing the thing that constitutes the offense, or who aids or abets the same, and whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 2191 §117, 1956) 13.04.180 PENALTY FOR VIOLATIONS. Violation of or failure to comply with the provi- sions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of Chapter 1.12 BMC. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2191 §118, 1956) 15.02-1 (Revised 6/06) Chapter 15.02 WATER Sections: 15.02.010 PURPOSE. 15.02.020 COMPREHENSIVE PLAN. 15.02.030 SERVICE AVAILABILITY. 15.02.040 SERVICE BEYOND CITY LIMITS. 15.02.050 WATER SYSTEMS/CONSTRUCTION STANDARDS - GENERAL. 15.02.060 ABANDONMENT OF PRIVATE MAINS. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. 15.02.080 HYDRANTS. 15.02.090 IRRIGATION AND FIRE SERVICE METERING. 15.02.100 SERVICE CONNECTIONS. 15.02.110 CONNECTION SIZE. 15.02.120 METERS. 15.02.130 BACKFLOW AND CROSS- CONNECTION CONTROL. 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. 15.02.145 PROHIBITING FLUORIDATION. 15.02.150 INTERRUPTION OF SERVICE - EMERGENCIES. 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. 15.02.170 CROSS-CONNECTION CONTROL INSPECTION. 15.02.180 METER OPERATION AND MAINTENANCE. 15.02.190 EXCESSIVE CONSUMPTION. 15.02.200 WASTE. 15.02.210 PROHIBITED ACTS. 15.02.010 PURPOSE. The ordinances codified in this section establish availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. (Ord. 4309 §2 (in part), 1991) 15.02.020 COMPREHENSIVE PLAN. A water system comprehensive plan shall be devel- oped by the Department as required by WAC 248-54- 065. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the Utility service area defined in the Utility Comprehensive Plan and is adjacent to the distri- bution system, and further provided that: (a) The water supply system has the capacity and facilities to accommodate the additional demand, or the property is part of a water system Local Improvement District (LID) or Utility Local Improvement District (ULID) and has been assessed for water improvements. (b) The connection is consistent with the Utility’s Comprehensive Plan. (c) The connection is approved and permitted by the Department. (d) The connection is in compliance with applica- ble federal, state, and local rules, regulations and codes. Any customer or potential customer within the Util- ity’s service area and not adjacent to the Utility distribu- tion system may be connected to the water system subject to meeting the above requirements and estab- lishing a Local Improvement District (LID), Utility Local Improvement District (ULID) or entering into a System Improvement Agreement with the City for sys- tem extension and/or improvements of the water system for service to the premises. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.040 SERVICE BEYOND CITY LIMITS. Any parcel of property that is outside existing City limits must support annexation to the City as a condition of receiving City utility service. Property that is outside existing City limits shall be permitted utility service only upon entering into an agreement with the City pro- viding for: (a) Annexation at such time as the City may deem appropriate; (b) Consistent with any proposed extraterritorial comprehensive Land Use Plan and development stan- dards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City street and sub- division standards for new development. (Ord. 4309 §2 (in part), 1991) 15.02.050 WATER SYSTEMS/CONSTRUCTION STANDARDS - GENERAL. All water mains and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this Chapter in com- pliance with the System Development and Construction Standards, and local, state and federal regulations. All (Revised 6/06)15.02-2 water distribution facilities extensions shall be installed along the entire frontage of the premises on plat to be served. All water distribution main extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, require installa- tion of water mains larger than the minimum sizes spec- ified in the System Utilities Development and Construction Standards to provide for adequate future capacity within the water system. The Department is authorized to enter into cost sharing agreements to con- tribute to the cost for larger mains or other improve- ments based upon the comprehensive plan. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.060 ABANDONMENT OF PRIVATE MAINS. Upon completion of a new main, owners of pre- mises adjacent to or within two hundred fifty (250) feet of the main, who are being supplied with City water ser- vice through a private main or connection to a private service, shall make application for a new Utility Service Agreement and shall connect with a separate service connection. Service to the private main shall be discon- tinued ninety (90) days following completion of the new main. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an eleva- tion that it cannot be assured of adequate pressure, the owner may, at his expense, install an auxiliary storage tank or pump to furnish auxiliary supply pressure. The auxiliary system shall be approved by the Department. The Department approval shall be based on the protec- tion of the safety and integrity of the utilities system and not on the adequacy of the private systems design for its intended use. The auxiliary system shall remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding eighty (80) psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall remain the property of the property owner who will be solely responsible for its maintenance and operation. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.080 HYDRANTS. All fire hydrants shall be installed by the Depart- ment or a licensed contractor in compliance with the System Development and Construction Standards. Location and configuration shall be reviewed by the local fire marshall and Bremerton fire marshall. All fire hydrants situated on private property for public use and to be maintained by the Department will require the ded- ication of an easement to the City prior to acceptance by the Department. All fire hydrants located on private property for private use shall be connected to the metered system. Such hydrants shall not be maintained by the Department and shall be the sole responsibility of the property owner. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.090 IRRIGATION AND FIRE SERVICE METERING. Except as provided for in BMC 18.02.170, all irri- gation and fire service lines shall have separate service lines and separate meters, if applicable. In no case shall subtraction-type meters be installed or used for calcula- tion of water or sewer rates. All new and existing automatic or manual fire sprinkler (wet and combination standpipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter as required on non- metered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system. (Ord. 4958 §1, 2005: Ord. 4309 §2 (in part), 1991) 15.02.100 SERVICE CONNECTIONS. All service connections shall be installed by the Department in accordance with the System Develop- ment and Construction Standards. The service connections shall be extended at right angles from the main to a point adjacent to the property line and within the public right-of-way and shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own ser- vice line and meter. Installation shall be at the expense of the property owner. Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the Util- ity system. To service property which does not abut on a public right-of-way in which there is a water main, the Depart- ment may install a connection to the main. This connec- tion shall be perpendicular to the main to the right-of- way line, and permit connection therewith by the owner at the property owner’s expense. Every parcel under separate ownership connected to the Utility system shall be required to install a sepa- rate service connection to the City main, and the pre- mises so supplied will not be allowed to supply water to any other premises. However, these restrictions shall not apply to existing services unless, in the judgment of the Director, such existing connection should be discontin- ued for the good of the Utility or to settle disputes. 15.06-1 (Revised 6/06) Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES Sections: 15.06.010 PURPOSE. 15.06.015 INCORPORATION AND CPI ADJUSTMENT. 15.06.020 ASSESSMENTS. 15.06.030 RATES - WATER. 15.06.040 RATES - WASTEWATER. 15.06.050 RATES - STORMWATER. 15.06.060 MISCELLANEOUS FEES AND CHARGES. 15.06.010 PURPOSE. This chapter provides for the establishment of fees, rates and other charges for connection to or utilization of the utility system, for providing utility service, adminis- tration and maintenance of utility accounts, and for the operation, maintenance, repair and improvements of the utility system. Fees, rates and other service charges shall include, but not be limited to, front footage fees, general facility fees, connection charges, utility service rates, account maintenance charges, plan check, and system development fees and charges. (Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.015 INCORPORATION AND CPI ADJUSTMENT. (a) Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. (b) Commencing November 1, 2005, and on November 1st of each successive year thereafter, the utility rates in this section, not otherwise adjusted by the City Council during the previous six (6) month period, shall automatically be adjusted based upon the most cur- rent Consumer Price Index for all Urban Consumers, Seattle, and the general facility charges shall be adjusted according to the most current Seattle Construction Index (SCI). (Ord. 4961 §1 (Exh. A), 2005; Ord. 4956 §1 (Exh. A), 2005; Ord. 4909 §§5, 7, 2004; Ord. 4881 §1, 2003; Ord. 4827, Amended, 11/29/2002; Ord. 4794, Amended, 05/07/2002; Ord. 4766, Amended, 08/24/2001; Ord. 4735, Reaffirmed, 11/30/2000; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4685, Amended, 12/28/1999; Ord. 4675, Added, 11/30/1999) 15.06.020 ASSESSMENTS. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system. Existing connections within the sys- tem as of the effective date of this Code shall be consid- ered to have paid their proportionate share of the general facility charge for existing use. (2) The calculation of the general facility charge for water shall be based on the meter size to be installed for a new or expanded water utility service. (3) The calculation of the general facility charge for wastewater shall be based on the number of equivalent residential unit(s) (ERU) served and shall be computed as follows: Single-Family Residence 1 ERU/unit Duplex (two units) 1 ERU/unit Multifamily (three or more units) 0.65 ERU/unit Mobile Home Space in Mobile Home Park (common building at additional commercial rate and laundry areas at laundry rate) 0.65 ERU per space Recreational Vehicle Waste Dumping Station 0.65 ERU per station Schools 0.030 ERU per student capacity Churches (school uses at additional per student capacity rate) 0.65 ERU per 100 seats Hospitals - General 1 ERU per bed Convalescent Hospitals 0.50 ERU per bed Residential Care/Boarding Facilities 0.25 ERU per bed Hotels and Motels (additional charges for restaurant or tavern at restaurant or tavern rate, laundry areas at laundry rates, and meeting room areas with fixtures at commercial rate) 0.25 ERU per room or motel unit Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet (Revised 6/06)15.06-2 Vehicle Wash Self-Service Vehicle Wash 1.17 ERU per bay Full-Service Vehicle Wash 15.66 ERU per bay All Other Vehicle Washes See Wet Industrial Laundries and Laundromats 0.30 ERU per 100 square feet Industrial Laundries See Wet Industrial Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section. Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed Bathtub w/ or w/o shower 0.13 ERU Dental unit or cuspidor 0.1 ERU Dishwasher 0.1 ERU Disposal 0.1 ERU Drinking Fountain 0.05 ERU Floor Drain 0.01 ERU Fountain/Backwash 0.1 ERU Kitchen Sink 0.08 ERU Laundry Tray 0.08 ERU Lavatory 0.05 ERU Service Sink 0.08 ERU Shower (each head) 0.13 ERU Swimming Pool/Backwash 0.1 ERU Urinal 0.17 ERU Urinal Trough (for each two-foot section) 0.17 ERU Wash Sink (for each set of faucets) 0.08 ERU Washing Machine 0.07 ERU Water Closet 0.33 ERU Wet Industrial To be determined on an individual basis by the City utilizing the formula listed below. GFC = (G.P.D./236) x SRF x F G.P.D. = Anticipated volume of discharge to sewer in gallons per day. SFR = Current general facility charge for a single-family residential unit. F = Extra strength factor, whole number multiplier derived for every 330 mg/l of biochemical oxygen demand or suspended solids, or fraction thereof, in excess of the first 330 mg/l of biochemical oxygen demand or suspended solids. Example: Factor Range 10 - 330 2331 - 660 3661 - 990 (continues per 300 increment) Undefined Building and Sewer Use To be determined on an individual basis by the City. Additional Loading or Change of Use Determined on basis of additional loading or new use for entire facility less credit for former use. No refunds if new use is less than former use. 15.06-A1 (Revised 6/06) Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits GENERAL FACILITY CHARGES Water (per meter size) 5/8" x 3/4" $2,369.00 $2,369.00 1" $5,922.00 $5,922.00 1-1/2" $11,844.00 $11,844.00 2" $18,950.00 $18,950.00 Greater than 2" Calculated Based on Usage Calculated Based on Usage Wastewater (per ERU) $3,586.00 $3,586.00 Stormwater (per ISU) $961.00 $961.00 CONNECTION/INSPECTION FEES Water Connection Fees 5/8" x 3/4" $1,715.00 $2,572.50 1" $1,848.00 $2,772.00 1-1/2" $2,899.00 $4,348.50 2" $3,682.00 $5,523.00 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water Main Extensions (per foot) $1.10 $1.65 but not less than: $410.00 $615.00 Pump Station $540.00 $810.00 Miscellaneous (per hour) $45.00 $67.50 Wastewater Connection Fees Lateral Connection at P/L $45.00 $67.50 Lateral Connection at Main $270.00 $405.00 Conveyance Facility Extensions (per foot) $1.50 $2.25 but not less than: $325.00 $487.50 Pump Station $540.00 $810.00 Miscellaneous (per hour) $45.00 $67.50 (Revised 6/06)15.06-A2 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $9.22 $13.83 1-inch $10.55 $15.83 1-1/2-inch $14.98 $22.47 2-inch $20.13 $30.20 3-inch $38.20 $57.30 4-inch $71.09 $106.64 6-inch $252.30 $378.45 8-inch $920.79 $1,381.19 10-inch $3,287.53 $4,931.30 12-inch $12.361.91 $18,542.87 Residential Commodity Charge (per HCF) 0 - 10 HCF/Month $1.00 $1.50 Over 10 HCF/Month $1.12 $1.68 Nonresidential Commodity Charge (per HCF) $1.08 $1.62 Fire Protection - Monthly Service Charge Service Size 1-inch $15.72 $23.58 1-1/2-inch $23.66 $35.49 2-inch $30.76 $46.14 3-inch $33.89 $50.83 4-inch $36.94 $55.41 6-inch $46.10 $69.15 8-inch $61.36 $92.04 10-inch $86.01 $129.02 12-inch $122.95 $184.43 Commodity Charge (per HCF) $2.16 $3.24 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $9.22 $13.83 Commodity Charge 0 - 5 HCF/Month No Charge No Charge 5 - 10 HCF/Month $1.00 $1.50 Over 10 HCF/Month $1.12 $1.68 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits 15.06-A3 (Revised 6/06) RETAIL WATER SERVICE RATES (Continued) Temporary/Construction Meter 1" Meter Deposit $105.00 $105.00 Base Fee (per month) $9.17 $13.76 Setup Fee $90.00 $90.00 Hydrant Meter (3" Meter) Deposit $510.00 $510.00 Base Fee (per month) $33.22 $49.83 Setup Fee $90.00 $90.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $1.08 $1.62 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) $0.55 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits (Revised 6/06)15.06-A4 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single-Family Base Charge (per account) $27.40 $31.50 Commodity Charge (per HCF) $3.68 $4.24 Duplex on 1 Meter or 2 Buildings on 1 Meter Base Charge (per unit) $21.70 $24.95 Commodity Charge (per HCF) $3.68 $4.24 Multifamily Base Charge (per unit) $21.70 $24.95 Commodity Charge (per HCF) $3.68 $4.24 Commercial I Base Charge (per account) $40.50 $46.50 Commodity Charge (per HCF) $3.78 $4.34 Commercial II Base Charge (per account) $41.20 $47.40 Commodity Charge (per HCF) $5.92 $6.81 Commercial III Base Charge (per account) $40.80 $46.95 Commodity Charge (per HCF) $4.85 $5.57 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $17.00 $19.55 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $3.68 $4.24 Septage Disposal (per gallon of tank capacity) $0.20 $0.20 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits 15.06-A5 (Revised 6/06) RETAIL STORMWATER RATES Monthly Service Charge Single-Family/Duplex Base Charge (per account) $7.45 N/A Exception: Duplex With 2 Meters (per account) $3.75 N/A Multifamily Base Charge (per ISU) $7.45 N/A Commercial Base Charge (per ISU) $7.45 N/A Public School Districts (per account) $7.45 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $4.55 N/A Multifamily and Commercial Rate Adjustment Water Quality (per ISU) $0.83 N/A Water Quantity (per ISU) $2.49 N/A Stormwater Penalty New Multifamily and Commercial Development without On-Site Detention Charge (per ISU) $1.66 N/A IMPROPER STORMWATER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Property May 1, 2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451). Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits (Revised 6/06)15.06-A6 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee $30.00 $30.00 (nonrefundable) Office Services New Account (includes water turn-on) $20.00 $20.00 Account Maintenance $5.00 $5.00 Past Due Notice $2.50 $2.50 Lien Recovery Charge $100.00 $100.00 Duplicate Bill Charge $1.00 $1.00 Close Account/Meter Read/Water Service Turn-Off $20.00 $20.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $694.00 $1,041.00 Concrete Patch $894.00 $1,341.00 Asphalt Trench $817.00 $1,225.50 Concrete Trench $2,348.00 $3,522.00 County Road Permit N/A Cost Wet Tapping (Water Main Only)* 8" and smaller - excluding excavation and backfill $2,852.00 $4,278.00 8" and smaller - service to property line $5,746.00 $8,619.00 Greater than 8" x 8" Actual Time & Materials 150% of Actual Time & Materials *Does not include pavement restoration charge Fire Hydrant Installation* Actual Time & Materials 150% of Actual Time & Materials Water Meter Reinstallation 3/4" and 1" $68.00 $68.00 1-1/2" and 2" $108.00 $108.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation $48.00 $48.00 Water Meter Tampering Tampering Removal $173.00 $173.00 Tampering Reinstallation Actual Time & Materials Actual Time & Materials Cross-Connection Control Inspection $45.00 $45.00 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits 15.06-A7 (Revised 6/06) MISCELLANEOUS FEES AND CHARGES (Continued) Fire Service - Detector, Meter and MXU $397.75 $397.75 Storz Adapter $236.00 $236.00 Water Service Turn-Off/Turn-On (customer request) Regular Hours $20.00 $20.00 After Hours $150.00 $150.00 Delinquency Notice $10.00 $10.00 Water Service Turn-Off/Turn-On (delinquent accounts) Regular Hours $45.00 $45.00 After Hours $150.00 $150.00 Flow and Pressure Test (uncertified) 3/4" and 1" meters only $48.00 $48.00 1-1/2" and 2" meters only $87.00 $87.00 Larger than 2" Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours N/C N/C After Hours $150.00 $150.00 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" and 1" $108.00 $108.00 1-1/2" and 2" $148.00 $148.00 3" or greater Actual Time & Materials Actual Time & Materials Engineering Services* Plan Check Fees Main Extensions (per foot) $0.25 $0.38 But not less than: $214.00 $321.00 (includes hydrants and appurtenances and connection to water system) Pump Stations $536.00 $804.00 Fireline Extension $86.00 $129.00 Irrigation Systems $86.00 $129.00 System Connections $86.00 $129.00 Miscellaneous (per hour) $45.00 $67.50 *Fees include original review and one resubmittal review Additional reviews will be charged at miscellaneous hourly rate (above) Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits (Revised 6/06)15.06-A8 MISCELLANEOUS FEES AND CHARGES (Continued) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development $332.00 N/A Nonresidential Development $230.00 N/A Plus per ISU $10.00 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $36.00 N/A 21 - 50 Lots $26.00 N/A 51 - 100 Lots $23.00 N/A 100+ Lots $20.00 N/A Minimum Charge $255.00 N/A Nonresidential Development Per ISU $20.00 N/A Minimum Charge $306.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $255.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) $15.00 N/A Nonresidential Development (per ISU) $15.00 N/A Minimum Charge $153.00 N/A Conveyance Facility Extensions (per foot) $0.80 N/A Minimum Charge $306.00 N/A Unscheduled Inspections* (per site visit) $45.00 N/A *Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval ** Does not apply to single-family residence or duplex construction on an existing established lot Utility/Lien Search Fee (Manual)*** $30.00 $30.00 ***Search per parcel Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2006 Within Outside City Limits City Limits 17.60-3 (Revised 6/06) improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or foot- ings, the installation of piles, the construction of col- umns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land prepara- tion, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occu- pied as dwelling units or not part of the main structure. (17)"Structure" means a walled and roofed build- ing including a gas or liquid storage tank that is princi- pally above ground. (18)"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the mar- ket value of the structure: (a) Before the improvement or repair is started, or (b) If the structure has been damaged and is being restored, before the damage occurred. For the pur- poses of definition "substantial improvement" is consid- ered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement of a struc- ture to comply with existing state or local health, sani- tary, or safety code specifications which are solely necessary to assure safe living conditions, or (b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (19)"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 4103 §51, 1987; Ord. 3544 §2.0, 1979) 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. (Ord. 3544 §3.1, 1979) 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Bremerton" dated February, 1979, with accompanying flood insurance maps is adopted by ref- erence and declared to be a part of this chapter. The flood insurance study is on file at the Bremerton Depart- ment of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 4965 §2, 2006: Ord. 3544 §3.2, 1979) 17.60.080 PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its require- ments (including violations of conditions and safe- guards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 4103 §2, 1987; Ord. 3544 §3.3, 1979) 17.60.090 ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate or impair an existing easement, covenant or deed restric- tion. However where this chapter and another ordi- nance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restric- tions shall prevail. (Ord. 3544 §3.4, 1979) 17.60.100 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 3544 §3.5, 1979) (Revised 6/06)17.60-4 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consider- ations. Larger floods can and will occur on rare occa- sions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permit- ted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood dam- ages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 3544 §3.6, 1979) 17.60.120 ESTABLISHMENT OF FLOOD PLAIN DEVELOPMENT PERMIT. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in BMC 17.60.070. The permit shall be for all structures includ- ing mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activ- ities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engi- neer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BMC 17.60.130; and (4) Description of the extent to which any water- course will be altered or relocated as a result of proposed development. (Ord. 3544 §4.1, 1979) 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. The City Engineer is appointed to administer and implement this chapter, by granting or denying flood- plain development permit applications in accordance with its provisions. (Ord. 3544 §4.2, 1979) 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. Duties of the City Engineer shall include, but not be limited to: Permit Review. (1) Floodplain Development Permit Application Review. (A) Review all development permits to deter- mine that the permit requirements of this chapter have been satisfied. (B) Review all development permits to deter- mine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (C) Review all development permits to deter- mine if the proposed development is located in the floodway. If located in the floodway, assure that the encroach- ment provisions of BMC 17.60.330(1) are met. (2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accor- dance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administration BMC 17.60.290, Flood Hazard Protection – Specific Stan- dards, and 17.60.330, Floodways. (3) Information to be Obtained and Maintained. (A) Where base flood elevation data is pro- vided through the Flood Insurance Study or required as in subsection (2) of this section obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substan- tially improved structures, and whether or not the struc- ture contains a basement. (B) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) and (ii) Maintain the floodproofing certifica- tions required in BMC 17.60.120(3). (C) Maintain for public inspection all records pertaining to the provisions of this chapter. (4) Alteration of Watercourses. (A) Notify adjacent communities and the Department of Ecology prior to any alteration or reloca- tion of a watercourse, and submit evidence of such noti- fication to the Federal Insurance Administration. (B) Require that maintenance is provided within the altered or relocated portion of said water- course so that the flood carrying capacity is not dimin- ished. 17.60-5 (Revised 6/06) (C) Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The per- son contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpreta- tion as provided in BMC 17.60.150. (Ord. 4103 §3, 1987; Ord. 3544 §4.3, 1979) 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 3544 §4.4-1(1), 1979) 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. (Ord. 3544 §4.4-1(2), 1979) 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. Those aggrieved by the decision of the City Council or any taxpayer, may appeal such decision to the Kitsap County superior court, as provided by law. (Ord. 3544 §4.4-1(3), 1979) 17.60.180 VARIANCE - CONSIDERATIONS. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant fac- tors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or ero- sion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management pro- gram for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10)The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11)The costs of providing governmental services during and after flood conditions, including mainte- nance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (Ord. 3544 §4.4-1(4), 1979) 17.60.190 VARIANCE - LOTS OF ONE-HALF ACRE. Generally, variances may be issued for new con- struction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous and sur- rounded by lots with existing structures constructed below the base flood level, providing subsections (1) through (11) of BMC 17.60.180 have been fully consid- ered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases. (Ord. 3544 §4.4-1(5), 1979) 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. Upon consideration of the factors of BMC 17.60.180 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 3544 §4.4-1(6), 1979) 17.60.210 VARIANCE - RECORDS AND REPORTS. The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 3544 §4.4-1(7), 1979) 17.60.220 VARIANCE - CONDITIONS GENERALLY. (a) Variances may be issued for the reconstruc- tion, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the proce- dures set forth in the remainder of this section. (b) Variances shall not be issued within any desig- nated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determi- nation that the variance is the minimum necessary, con- sidering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (Revised 6/06)17.60-6 (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a vari- ance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in BMC 17.60.180, or conflict with existing local laws or ordinances. (e) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insur- ance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of prop- erty; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely popu- lated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry flood- proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, except this section, and otherwise complies with BMC 17.60.240. (Ord. 4103 §4, 1987; Ord. 3544 §4.4-2, 1979) 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. In all areas of special flood hazards the standards set out in BMC 17.60.240 through 17.16.280 are required. (Ord. 3544 §5, 1979) 17.60.240 ANCHORING. (a) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame tiles to ground anchors. Specific requirements shall be that: (1) Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations; with mobile homes less than fifty (50) feet long requiring one additional tie per side; (2) Frame ties be provided at each corner of the home with five (5) additional ties per side at interme- diate locations; with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side; (3) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (4) Any additions to the mobile home be sim- ilarly anchored. (c) An alternative method of anchoring may involve a system designed to withstand a wind force of ninety (90) miles per hour or greater. Certification must be provided to the City Engineer that this standard has been met. (Ord. 3544 §5.1-1, 1979) 17.60.250 CONSTRUCTION MATERIALS AND METHODS. (a) All new construction and substantial improve- ments shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 4965 §3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979) 17.60.260 UTILITIES. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) New and replacement sanitary sewage systems shall be designed to minimixe of eliminate infiltration of floodwaters into the systems and discharge from the sys- tems into foloodwaters. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 3544 §5.1-3, 1979) 17.60.270 SUBDIVISION PROPOSALS. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 3544 §5.1-4, 1979) 17.60-7 (Revised 6/06) 17.60.280 REVIEW OF BUILDING PERMITS. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (BMC 17.60.140(2)) applications for building permits shall be reviewed to assure that proposed con- struction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton's flood insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. (Ord. 4103 §4, 1987; Ord. 3544 §5.1-5, 1979) 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are required. (Ord. 3544 §5.2, 1979) 17.60.300 RESIDENTIAL CONSTRUCTION. (a) New construction and substantial improve- ment of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot or more above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this require- ment must either be certified by a registered profes- sional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544 §5.2-1, 1979) 17.60.310 NONRESIDENTIAL CONSTRUCTION. New construction and substantial improvement of any commercial, industrial or other nonresidential struc- ture shall either have the lowest floor, including base- ment, elevated to one (1) foot or more above the level of the base flood elevation, or, together with attendant util- ity and sanitary facilities, shall: (a) Be floodproofed so that below one (1) foot or more above the base flood level the structure is water- tight with walls substantially impermeable to the pas- sage of water; (b) Have structural components capable of resist- ing hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) Be certified by a registered professional engi- neer or architect that the standards of this section are sat- isfied. Such certifications shall be provided to the official as set forth in BMC 17.60.140(3)(B). (d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b). (e) Applicants floodproofing nonresidential build- ings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the flood- proofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). (Ord. 4965 §5, 2006: Ord. 4233 §2, 1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979) 17.60.320 MOBILE HOMES. (a) Mobile homes shall be anchored in accordance with BMC 17.60.240. (b) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has com- menced; and for mobile homes not placed in a mobile home subdivision, require that: (1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one (1) foot or more above the base flood level; (2) Adequate surface drainage and access for a hauler are provided; and (3) In the instance of elevation on pilings, that: i. Lots are large enough to permit steps; ii. Piling foundations are placed in stable soil no more than ten (10) feet apart; and iii. Reinforcement is provided for pilings more than six (6) feet above the ground level. (4) No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. (Ord. 4965 §6, 2006: Ord. 3544 §5.2-3, 1979) (Revised 6/06)17.60-8 17.60.330 FLOODWAYS. Located within areas of special flood hazard estab- lished in BMC 17.60.070 are portions of Gorst and Par- ish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and ero- sion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other devel- opment unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (2) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction pro- visions of BMC 17.60.230 through 17.60.320; (3) Prohibit the placement of any mobile homes; (4) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either, (A) before the repair or reconstruction (B) if the structure restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty (50) percent determina- tion. (Ord. 4233 §3, 1989; Ord. 3544 §5.3, 1979) 18.02-1 (Revised 6/06) Chapter 18.02 CITY FIRE CODE Sections: 18.02.010 PURPOSE. 18.02.020 FIRE CODE - ADOPTED. 18.02.030 CODE CONFLICTS. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -SECTION 311, VACANT PREMISES. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 46, MARINAS. 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. 18.02.150 FIRE CODES - FEES. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. 18.02.180 VIOLATION - PENALTY. 18.02.190 APPEALS. 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of pro- tection the life and property of our citizens from the haz- ards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the use or occupancy of buildings or premises. (Ord. 4903 §1, 2004) 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the Inter- national Fire Code, 2003 Edition, published by the Inter- national Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursu- ant to the Washington Administrative Code ("WAC"), and International Fire Code, 2003 Edition, Appendices B, C, D, and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 4903 §1, 2004) 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 4903 §1, 2004) 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibil- ities," is amended by adding the following new Subsec- tion 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code official retains the au- thority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These condi- tions may include, by way of example and with- out limitation, increased setbacks, use of fire (Revised 6/06)18.02-2 retardant materials, installation of standpipes, fire sprinkler and fire alarm systems. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the Interna- tional Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the fire code offi- cial to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be im- plied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the pro- cessing, issuance, and renewal of permits and certificates. Any fee schedule adopted by reso- lution shall govern the fee amount to be as- sessed for any permit or certificate and the fire code official shall collect those fees as a condi- tion to issuance or renewal of any permit or cer- tificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate applica- tion. (d) Permits - Term. Section 105 of the Interna- tional Fire Code, entitled "Permits," is amended by add- ing the following new Subsection 105.1.5: Sec. 105.1.5 Term. Permits and certificates is- sued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. (e) Board of Appeals. Section 108 of the Interna- tional Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the follow- ing: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suit- ability of alternate materials, designs, and meth- ods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.180 of the Bremer- ton Municipal Code. (f) Violation Penalties. Section 109 of the Interna- tional Fire Code, entitled "Violations," is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure in violation of (a) the approved con- struction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, shall be sub- ject to penalties as set forth in section 18.02.170 of the Bremerton Municipal Code or as otherwise provided by law. (g) General Definitions. Section 202 of the Inter- national Fire Code is amended to add the following four general definitions: APWA is the American Public Works Associa- tion. AWWA is the American Water Works Associa- tion. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. (Ord. 4903 §1, 2004) 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled "Fire Alarm and Detection Systems" are adopted and incorporated into the International Fire Code: (a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting Subsec- tion 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprin- kler, and standpipe systems shall be main- tained in an operable condition at all times. 18.02-9 (Revised 6/06) (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprin- kler system shall be provided for Group A-1 oc- cupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi-theater com- plex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprin- kler system shall be provided for Group A-2 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprin- kler system shall be provided for Group A-3 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprin- kler system shall be provided for Group A-4 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.2 with the following: Sec. 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupan- cies as follows: 1. Throughout all Group E occupancies where the fire area of the building exceeds 10,000 square feet. 2. Throughout every portion of educational buildings below the level of exit discharge. Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level. (Revised 6/06)18.02-10 3. Throughout all newly constructed Group E occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. For the purpose of this section, additions ex- ceeding 60 percent of the assessed value of such building or structure, or alterations and re- pairs to any portion of a building or structure within a twelve-month period that exceeds 100 percent of the value of such building or structure shall be considered new construction. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions: 1. Portable school classrooms, provided ag- gregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. 2. Group E day care. When not required by other provisions of this chapter, a fire-extinguishing system installed in accordance with NFPA 13 may be used for in- creases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. (h) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.3 with the following: Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided throughout all build- ings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.6 with the following: Sec. 903.2.6 Group M. An automatic sprinkler system shall be provided throughout all build- ings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new Subsection 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the build- ing or storage commodity has not been deter- mined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accor- dance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engi- neer of record shall provide written verification approving of the point and dead loads. (k) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.8 with the following: Sec. 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all build- ings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (l) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, 18.02-11 (Revised 6/06) entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area except as provided in Section 903.2.10. Sprinkler heads in kitchens shall be installed (on the ceiling) with a least one sprinkler head no more than 2 feet out from the front of the stove top. (m) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection lo- cations. All fire department connection loca- tions (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the fin- ished edge of an approved fire apparatus ac- cess road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and fire hydrants shall be located on the same side of an approved apparatus access road. F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. F.D.C.’s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or non- combustible construction. Exception: F.D.C.’s that are not able to be lo- cated away from a wall due to physical restric- tions, may be located in an area approved by the fire code official. F.D.C.’s shall be in- stalled/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire ap- paratus access road. F.D.C.’s shall not be ob- structed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (n) Automatic Sprinkler Systems - Alarms. Sec- tion 903 of the International Fire Code, entitled "Auto- matic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be con- nected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved loca- tion at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actu- ation of the automatic sprinkler system shall ac- tuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is in- stalled. The fire alarm system notification cir- cuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior no- tification. (Ord. 4958 §2, 2005; Ord. 4903 §1, 2004) 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Sub- section 907.1.3 as follows: Sec. 907.1.3 Fire detection system. In addi- tion to any requirement of subsection 907.2 or 907.3, all occupancies exceeding 4,000 square feet gross floor area shall be required to provide an approved addressable automatic fire detec- tion system to meet NFPA 72 requirements. Fire walls as noted in the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as de- fined in section 902 of this code. Exceptions: (Revised 6/06)18.02-12 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devices pursuant to 907.2. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the fol- lowing: Sec. 907.2 Where required. In addition to the requirements set forth in Sections 907.2.1 through 907.2.23, all new occupancies of Groups A, B, E, F, H, I, M, R, and S, within new or existing buildings or structures, where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accor- dance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm sys- tem, automatic heat detection requirements of this section may be modified upon specific ap- proval by the fire code official. In all remodels of existing non-sprinkled build- ings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building’s assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. (c) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in Subsection 907.12. The amended Subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audi- ble supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area de- tection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visi- ble or audible signal in an approved location and shall be identified as air duct detector trou- ble. (d) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.15 with the following: Sec. 907.15 Monitoring. Where fire alarm sys- tems are required by this chapter or by the Inter- national Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupan- cies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (e) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a sat- isfactory test of the entire system and its func- tions shall be made in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire de- partment certifying that the system has been in- stalled and pre-tested in accordance with the approved plans and specifications. (f) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.21: 18.02-15 (Revised 6/06) 4603.7 Addressing. Each slip shall be num- bered and clearly marked. 4604 FIRE-PROTECTION EQUIPMENT* 4604.1 General. Piers, wharves, floats with fa- cilities for mooring or servicing five or more ves- sels, and marine motor vehicle fuel-dispensing stations shall be equipped with fire-protection equipment in accordance with Section 4604. 4604.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with the following: 1. All portions of floats exceeding 150' in dis- tance from the point of fire apparatus access shall be provided with an approved dry stand- pipe system, installed in conformity with NFPA 14 and Section 905.12. 2. Hose stations shall be provided at 150' inter- vals, with the most remote station a maximum of 75' from the end of the float. Each hose sta- tion shall be provided with two 2-1/2'' standpipe valves with 2 1/2'' to 1 1/2'' reducers with caps. Installation of fire hose is not mandatory at standpipe locations. All hose station risers shall be galvanized steel. 3. Each standpipe system shall be provided with a minimum of two 2-1/2'' Fire Department connections. The Fire Department connections shall be located on the shore end of the first floating dock. 4. Piping shall be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 5. Sectional valves shall be provided at the change of direction of each float and at each hose station. The valve shall be down stream of the hose station. 4604.3 Access and Water Supply. Piers and wharves shall be provided with fire apparatus access roads and water-supply systems with on-site fire hydrants when required by the fire code official. Such roads and water systems shall be provided and maintained in accordance with Sections 503.2 and 508. 4604.4 Portable Fire Extinguishers. One fire extinguisher for ordinary (moderate) hazard type, shall be provided at each required hose station. Additional fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with Section 906. 4604.5 Communications. A telephone not re- quiring a coin to operate or other approved, clearly identified means to notify the fire depart- ment shall be provided on the site in a location approved by the code official. 4605 MARINE MOTOR VEHICLE FUEL-DIS- PENSING STATIONS* 4605.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. (Ord. 4903 §1, 2004) 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Minimum Specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 15 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (b) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire appara- tus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (c) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled "Fire Apparatus Access Road Gates," is amended by substi- tuting Subsection D103.5.1 with the following: (Revised 6/06)18.02-16 Sec. D103.5.1. The minimum gate width shall be 14 feet. (Ord. 4903 §1, 2004) 18.02.150 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.060, Fire Department - Rate Table E, as currently enacted or as hereafter amended. (Ord. 4903 §1, 2004) 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a fire alarm shall be deemed and construed as being any act as fol- lows: The giving, signaling or transmitting of a fire alarm to any public fire station, fire company, fire officer or any employee of the jurisdiction who has normal responsibilities for public safety, or to any central sta- tion monitoring agency whose purpose is to monitor fire and/or public safety, whether by telephone, spoken word, electronic conveyance or otherwise, any informa- tion to the effect that there is a fire or emergency at or near the place indicated by such signal or transmission. (b) It shall be unlawful for any person to give, sig- nal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure any fire alarm system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined as follows: (1) For a Fire Department response to pre- mises at which no other false alarm has occurred within the preceding six (6) months, hereinafter referred to as a "first response," no fee shall be charged. (2) For a Fire Department response to a pre- mises within six (6) months after a first response, a fee of one hundred dollars ($100.00) shall be charged. (3) For a Fire Department response to a pre- mises for three or more occurrences within any six (6) month period, a fee of two hundred dollars ($200.00) shall be charged for each occurrence. (f) Definitions. (1) "False alarm" shall mean the activation of a fire alarm at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" shall mean the Chief of the Fire Department, or his designated representative. (3) "Person" shall mean any person, firm, partnership, association, corporation, company or orga- nization of any kind. (4) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representa- tive, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (5) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action nec- essary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund. (Ord. 4903 §1, 2004) 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an inte- grated fire/plumbing flow through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and oth- erwise assessable under BMC Title 15 and Chapter 3.01 BMC attributed to the installation of automatic sprinkler systems. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the resi- dential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying 18.02-17 (Revised 6/06) for an adequate supply of water to the residential dwell- ing unit. (Ord. 4958 §3, 2005) 18.02.180 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursu- ant to BMC 1.12.020(2). (Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.170) 18.02.190 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the appli- cation of the building codes cited in Chapter 17.04 BMC. The City Hearings Examiner, however, shall have no authority relative to interpretation of the admin- istrative provisions of these codes, nor shall the City Hearings Examiner be empowered to waive require- ments of these building codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.180) 20.02-7 (Revised 6/06) Bremerton Municipal Code 20.02.150 which the revised project application is determined to be complete. (h) Liability. The city is not liable for damages due to the city’s failure to make a final decision within the time limits established in this chapter. (Ord. 4938 § 3 (part), 2005) 20.02.140 APPEALS. (a) General. (1) Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed within the designated time to file an appeal. (2) The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence. (3) Appeal of Type I or Type II project permit final decisions shall be to the Hearing Examiner. Appeals shall be filed within fourteen (14) days follow- ing the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven (7) days. (4) Administrative appeal of a SEPA thresh- old determination is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this sec- tion. (5) Appeal of Type III or Type IV project per- mit final decisions shall be to Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one (21) days following the issu- ance of the notice of decision. (6) Final decision relating to the Bremerton Shoreline Master Program may be appealed as follows: (i) Director decisions and Type II shore- line permits may be appealed to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly to the Shoreline Hearings Board pur- suant to RCW 90.58.180. (ii) Hearing Examiner decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing pursuant to RCW 90.58.140(6). (b) Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following: (1) For Type I project permits, only the appli- cant has standing. (2) For project permits not Type I, the follow- ing have standing: (i) Applicant; (ii) Anyone who participates in the public hearing; or (iii) Anyone who submits written com- ments in response to a legal notice within the required time limits. (c) Filing an Appeal. Administrative appeals are filed by submitting a form provided by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the Department. (d) Timing of Decisions. (1) An open-record appeal shall be decided within ninety (90) days from the date the complete appeal was filed. (2) Should an occasion arise that would require a closed-record appeal hearing, such an appeal shall be decided within sixty (60) days. (e) Computation of Time. For purposes of com- puting the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day. (f) Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the fol- lowing information: (1) Appellant’s name, address and phone number; (2) Appellant’s statement describing his or her standing, as a party of record, to appeal; (3) Identification of the application which is the subject of the appeal; (4) Statement of grounds for appeal and the facts upon which the appeal is based; (5) Statement of the relief sought, including the specific nature and extent; and (6) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. (g) Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. (h) Notice of Appeal. The Director shall provide public notice of the appeal as provided in BMC 20.02.110(c). (Ord. 4938 § 3 (part), 2005) 20.02.150 DEVELOPMENT AGREEMENT REVIEW PROCEDURES. (a) The City may enter into a development agree- ment with a person having ownership or control of real property within its jurisdiction or outside its boundaries as part of a proposed annexation or a service agreement. A development agreement sets forth the development standards and other provisions that shall apply to and (Revised 6/06)20.02-8 20.02.160 govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (b) A determination of completeness, notice of hearing and a notice of decision are required pursuant to the provisions of this chapter. The one hundred twenty (120) day time limit for the notice of decision shall not apply to a development agreement. (c) When a request for a development agreement is consolidated with a Type III or IV project permit, the public hearing shall be consolidated with the open- record hearing on the permit before the Hearing Exam- iner. The Hearing Examiner shall make a recommenda- tion to the City Council on the development agreement and approval of the project permit shall be conditioned on City Council approval of the development permit. (d) The City Council may approve a development agreement by ordinance or resolution only. (Ord. 4938 § 3 (part), 2005) 20.02.160 PLANNED ACTIONS. A planned action is defined in WAC 197-11-164 as one or more types of project action that has had signifi- cant environmental impacts adequately addressed in an environmental impact statement (EIS) prepared in con- junction with the Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project. (a) A project action addressed in a planned action does not require an environmental checklist or threshold determination, but may require the checklist for review to mitigate environmental impacts through the site plan review process. (b) To qualify, a project action shall: (1) Be subsequent to or implementing projects in a Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project; (2) Be located within the City’s adopted urban growth areas; (3) Be consistent with the Comprehensive Plan; (4) Not be an essential public facility, as defined in RCW 36.70A.200. (c) The City Council shall designate and approve by ordinance a planned action. The ordinance: (1) Shall describe the type(s) of project action being designated as a planned action; (2) Shall describe how the planned action meets the criteria in subsection (b) of this section, including specific references to the EIS; (3) Shall include findings that the environ- mental impacts have been identified and adequately addressed in the EIS, subject to project review under WAC 197-11-172; (4) Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as a planned action. (d) The planned action may be limited to certain types of development, to specific geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or resolution. (e) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. Review of the project shall include: (1) Verification that it meets the description and implements any applicable conditions or mitigation measures identified in the designating ordinance or res- olution; (2) Verification that the proposed significant adverse environmental impacts of the project have been adequately addressed in the EIS. (f) Nothing in this section limits the City from using applicable law to place conditions on the project in order to mitigate nonsignificant impacts through nor- mal project review and permitting processes. (Ord. 4938 § 3 (part), 2005) Table 040 Project Permit Processing Procedures TYPE I DIRECTOR DECISIONS Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision (1) Administrative determination/code interpretation No No No No (2) Alternative setback approval No No No No (3) Boundary line adjustment No No No No (4) Building and other construction permits Yes No No No (5) Clearing less than two (2) acres of forest No No No No (6) Demolition permit (exempt from SEPA) No No No No 20.02-9 (Revised 6/06) Bremerton Municipal Code 20.02.160 * Applicable to site plan review that is independent of and not part of a building or land use application. ** Director’s decision on final PUD plan shall be sent to parties of record. *** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. * Notice of application shall be mailed to property owners within three hundred (300) feet of the subject property and the notice of decision shall be issued within sixty (60) days. ** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. (7) Final planned unit development No No No No** (8) Fill and grading permit (exempt from SEPA) No No No No (9) Home occupation permit No No No No (10) Landscaping or alternative landscaping plan No No No No (11) Minor amendment to an approved preliminary plat No No No No (12) Minor amendment to an approved preliminary PUD No No No No (13) Minor amendment to other permits not listed No No No No (14) Nonconforming use determinations No No No No (15) Type I permit or approval revocation No No No No (16) Recreational vehicle ninety (90) day permit No No No No (17) Sign permit No No No No (18) Site plan review (exempt from SEPA)* Yes No No No (19) Temporary emergency wetland or stream permits No No No No (20) Modification of critical areas standards (exempt from SEPA)*** No No No No TYPE II DIRECTOR DECISIONS Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision (1) Administrative conditional use permit Yes Yes No Yes (2) Binding site plan Yes Yes No Yes (3) Demolition permit (requiring SEPA) Yes Yes No Yes (4) Fill and grading permit (requiring SEPA) Yes Yes No Yes (5) Nonconforming administrative continuance* No Yes No Yes (6) Type II permit or approval revocation No No No No (7) Site plan review (requiring SEPA) Yes Yes No Yes (8) Shoreline permit revision Yes Yes No Yes (9) Shoreline substantial development permit Yes Yes No Yes (10) Short subdivision Yes Yes No Yes (11) Wetland or stream assessment Yes Yes No Yes (12) Wetland or stream development permit Yes Yes No Yes (13) Building and other construction permits (requiring SEPA) Yes Yes No Yes (14) Modification of critical area standards (requiring SEPA)** Yes Yes No Yes (15) Stand-alone nonproject SEPA No No No No TYPE I DIRECTOR DECISIONS (Continued) Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision (Revised 6/06)20.02-10 20.02.160 * The Hearing Examiner holds the open-record hearing and provides a recommendation to the City Council. ** A final subdivision may be decided at a public meeting and it does not require a public hearing. (Ord. 4971 § 2, 2006; Ord. 4965 § 8, 2006: Ord. 4938 § 3 (part), 2005) TYPE III HEARING EXAMINER DECISIONS Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision (1) Nonadministrative conditional use permit Yes Yes Yes Yes (2) Major PUD amendment Yes Yes Yes Yes (3) Major amendment preliminary subdivision Yes Yes Yes Yes (4) Preliminary PUD Yes Yes Yes Yes (5) Preliminary subdivision Yes Yes Yes Yes (6) Senior housing complexes Yes Yes Yes Yes (7) Shoreline conditional use permit Yes Yes Yes Yes (8) Shoreline variance Yes Yes Yes Yes (9) Type III permit approval revocation No No No No (10) Variance Yes Yes Yes Yes TYPE IV CITY COUNCIL DECISIONS Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision (1) Rezone for site-specific property* Yes Yes Yes Yes (2) Final subdivision** No No No No (3) Development agreement Yes No No No (4) Vacation of subdivision Yes Yes Yes Yes 20.10-1 (Revised 6/06) Bremerton Municipal Code 20.10.050 Division II. Land Development Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS Sections: 20.10.010 BIENNIAL AMENDMENTS. 20.10.020 APPLICATIONS. 20.10.030 TIME OF FILING. 20.10.040 SUSPENSION OF APPLICATIONS. 20.10.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS. 20.10.060 SEPA REVIEW. 20.10.070 CUMULATIVE EFFECT. 20.10.080 DECISION CRITERIA. 20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. 20.10.100 CITY COUNCIL ACTION. 20.10.110 APPEALS. 20.10.010 BIENNIAL AMENDMENTS. The City Council shall consider amendments to the Bremerton Comprehensive Plan no more than once each biennium, except as provided in BMC 20.10.050. The biennial consideration of amendments shall occur in even-numbered years. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.020 APPLICATIONS. Comprehensive Plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. Application fees for Comprehen- sive Plan amendments shall be the same as the fee estab- lished for rezones. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.030 TIME OF FILING. Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development between the first business day in January to the first business day of April inclusive of each even- numbered year. Applications shall be submitted on forms prescribed by the Department. Incomplete appli- cations will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next even-numbered year amendment process. (Ord. 4971 § 3, 2006: Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.040 SUSPENSION OF APPLICATIONS. The City Council may, by motion or resolution, suspend the amendment process for any given bien- nium. However, in no case shall the amendment process be suspended for two consecutive biennia. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the Comprehensive Plan outside the biennial review process set forth in BMC 20.10.010 under the following circumstances: (a) Subarea Plan. The initial adoption of a subarea plan that does not modify the Comprehensive Plan pol- icies and designations applicable to the subarea; and (b) Shoreline Master Program. The adoption or amendment of a Shoreline Master Program under the procedures set forth in Chapter 90.58 RCW; and (c) Capital Facilities Element. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amend- ment of the City’s budget; and (d) Scheduled Comprehensive Reviews. Sched- uled reviews and evaluations of the City’s Comprehen- sive Plan pursuant to RCW 36.70A.130(4); and (e) Emergency Amendments. At any time an emergency situation exists, emergency Comprehensive Plan amendments may be processed separately and in addition to the standard biennial amendment process even though such emergency amendment results in a Comprehensive Plan amendment more frequently than once per year. Prior to considering an emergency amendment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emer- gency amendments: (1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation; (2) To address the absence of adequate and available public facilities or services; (3) To resolve an appeal of the Comprehen- sive Plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the Board or court or of a state agency or office or the State Legislature necessitating an emer- gency Comprehensive Plan amendment; or (4) Council confirmation of the Director’s finding of a conflict, inconsistency, deficiency or other internal defect in the Comprehensive Plan that requires correction for clear, complete and consistent policy (Revised 6/06)20.10-2 20.10.060 direction. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.060 SEPA REVIEW. After April 1st of each even-numbered year, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) or other appro- priate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the environmental analysis as determined by the responsible official. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.070 CUMULATIVE EFFECT. In considering annual amendments to the Compre- hensive Plan, the Planning Commission and the City Council shall consider all proposed amendments con- currently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 20.10.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.080 DECISION CRITERIA. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if: (a) There exists an obvious technical error in the pertinent Comprehensive Plan provisions; or (b) All the following criteria have been met: (1) The amendment is consistent with the Growth Management Act; (2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City; (3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; (4) The amendment is compatible with exist- ing or planned land uses and the surrounding develop- ment pattern; and (5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relation- ship to benefitting the public health, safety and welfare. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Planning Commission at a pub- lic hearing. The Planning Commission shall hold one (1) or more hearings on the proposed amendments. Follow- ing the public hearing by the Planning Commission, the Planning Commission’s recommendation shall be for- warded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.100 CITY COUNCIL ACTION. Following receipt of the Planning Commission rec- ommendation, the City Council shall affirm, deny, mod- ify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommenda- tion, it shall hold at least one (1) additional hearing on the modified recommendation prior to adoption. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.10.110 APPEALS. Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003) 20.14-1 (Revised 6/06) Bremerton Municipal Code 20.14.115 Chapter 20.14 CRITICAL AREAS Sections: 20.14.100 GENERAL PROVISIONS. 20.14.110 PURPOSE. 20.14.115 INTENT. 20.14.120 SCOPE AND APPLICABILITY. 20.14.125 RELATIONSHIP TO OTHER REGULATIONS. 20.14.130 ADMINISTRATION AND PROCEDURES. 20.14.140 APPEALS. 20.14.145 EXEMPTIONS. 20.14.150 PUBLIC AGENCY EXCEPTION. 20.14.155 REASONABLE USE EXCEPTION. 20.14.160 NONCONFORMING USES/STRUCTURES. 20.14.165 BONDS. 20.14.170 ENFORCEMENT. 20.14.175 VIOLATION - PENALTY. 20.14.180 SEVERABILITY. 20.14.200 DEFINITIONS. 20.14.300 WETLANDS. 20.14.310 DESCRIPTION AND PURPOSE. 20.14.320 CLASSIFICATION AND DESIGNATION. 20.14.330 DEVELOPMENT STANDARDS - WETLANDS. 20.14.340 MITIGATION REQUIREMENTS - WETLANDS. 20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS. 20.14.360 WETLAND REPORT. 20.14.400 CRITICAL AQUIFER RECHARGE AREAS. 20.14.410 DESCRIPTION AND PURPOSE. 20.14.420 CLASSIFICATION AND DESIGNATION. 20.14.430 DEVELOPMENT STANDARDS. 20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS. 20.14.450 HYDROGEOLOGIC ASSESSMENT. 20.14.500 FREQUENTLY FLOODED AREAS. 20.14.510 DESCRIPTION AND PURPOSE. 20.14.520 CLASSIFICATION AND DESIGNATION. 20.14.530 DEVELOPMENT STANDARDS. 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. 20.14.610 PURPOSE. 20.14.620 CLASSIFICATION. 20.14.630 DEVELOPMENT STANDARDS. 20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS. 20.14.660 SPECIAL REPORTS. 20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS. 20.14.710 DESCRIPTION AND PURPOSE. 20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND WILDLIFE HABITAT CONSERVATION AREAS. 20.14.730 DEVELOPMENT STANDARDS. 20.14.740 SPECIAL REPORTS. 20.14.750 MITIGATION STANDARDS AND CRITERIA. 20.14.760 MONITORING AND CONTINGENCY PLAN. 20.14.100 GENERAL PROVISIONS. BMC 20.14.100 through 20.14.175 are general pro- visions pertaining to critical areas. (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 with 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. 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 conserva- tion areas. 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 stan- dards for each type of critical area. Classification crite- ria identify physical characteristics by which critical areas are designated. Preservation standards protect crit- ical areas from degradation caused by improper devel- opment. These criteria and standards will secure the public health, safety and welfare by: (a) Reducing risk of damage due to erosion, flood- ing, and landslides; (Revised 6/06)20.14-2 20.14.120 (b) Reducing the risks to the public from personal injury, loss of life, or property damage; (c) Maintaining surface water quality and protect- ing groundwater areas which help recharge (purify or resupply) rivers, streams, and aquifers; (d) Maintaining and protecting priority fish and wildlife habitats; (e) Maintaining and protecting the habitat of threatened and endangered wildlife species; (f) Avoiding public expenditures to correct dam- aged or degraded critical ecosystems; (g) Alerting appraisers, assessors, owners, poten- tial buyers, or lessees to the potential presence of a crit- ical ecosystem and possible development limitations; (h) Providing flexibility and attention to site-spe- cific 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 deter- mined 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. 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 condi- tion 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 stan- dards 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, excep- tions 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 identi- fied 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 Unites States Department of Agriculture, Department of Fish and Wildlife, National Resources Conservation Service, the United States Geological Survey, the Wash- ington Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps, Bremerton topography maps, the Kitsap County Generalized Wet- land 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 clas- sification criteria found in this chapter. (Ord. 4965 § 7 (part), 2006) 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 pro- visions of State and City law, including all other chap- ters of BMC Title 20, Land Use Code. Where this chapter imposes greater restrictions than existing regu- lations, easements, covenants or deed restrictions, the provisions of this chapter shall prevail. (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 develop- ment 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 dur- ing the earliest possible stages of project planning to dis- cuss impact avoidance before large commitments have been made to a particular project design. Effort put into presubmittal conferences and planning will help appli- cants 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 Depart- ment 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 the Department of Community Development deter- mines a likelihood that a critical area is on-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. Sections of this chapter include detailed procedures for preparation of special reports. 20.14-3 (Revised 6/06) Bremerton Municipal Code 20.14.150 (e) Site Plan. Applications for any proposal sub- ject 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. (f) Conditions. The Director may attach any con- ditions 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 assess- ment 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 required by the Department. The Department may require recording of a "Notice to Title and Hold Harm- less" 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 serve 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 develop- ment 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 per- mit, 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 activ- ity 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 20.02.160, Table 040. (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. 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 states the exemp- tion 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 management practices to the greatest pos- sible 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 immedi- ate 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. 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. (b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not requir- ing permits, if the activity does not further alter or increase the impact to critical areas or their buffers. (c) Passive Outdoor Activities. Recreation, educa- tion, 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. (Ord. 4965 § 7 (part), 2006) 20.14.150 PUBLIC AGENCY EXCEPTION. An exception means that an activity may receive special consideration and relief from certain provisions (Revised 6/06)20.14-4 20.14.155 of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. Public agen- cies 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; crit- ical area report, including mitigation plan if necessary; and any other related project documents such as envi- ronmental documents pursuant to SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception shall be processed as a 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 unrea- sonably restrict the ability to provide utility services to the public. (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 appli- cant 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 critical areas identification; critical areas report including mitigation plan, if neces- sary; and any other related project documents such as environmental documents and special studies. The deci- sion whether to grant the reasonable use exception shall be processed as a Type III Hearing Examiner decision per Chapter 20.02 BMC 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; and (d) The inability of the applicant to derive reason- able use of the property is not the result of actions by the applicant after the effective date of this title or its prede- cessor. (Ord. 4965 § 7 (part), 2006) 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. (Ord. 4965 § 7 (part), 2006) 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 agen- cies, applicants receiving a permit are required to post a cash performance bond or other acceptable security to guarantee compliance with this chapter prior to begin- ning 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 with- out written approval. The Director shall release the bond after documented proof that all structures and improve- ments 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 agen- cies, an applicant shall be required to post a cash main- tenance bond or other acceptable security guaranteeing that structures and improvements required by this chap- ter 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 Attor- ney. Without written release, the bond cannot be can- celed 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. 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 prohib- ited. (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 pro- cess 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 20.14-5 (Revised 6/06) Bremerton Municipal Code 20.14.200 violator shall be liable for all costs of such action, including administrative costs. (d) Failure to comply with an administrative order of the Director under this section shall constitute a vio- lation subject to enforcement pursuant to this section. (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 abate- ment 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. 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 com- petent 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 chap- ter are hereby declared to be severable. (Ord. 4965 § 7 (part), 2006) 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 Washing- ton. 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 meth- ods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive manage- ment program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. "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 crit- ical areas. "Adjacent" shall mean any activity or devel- opment 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 one-half (1/2) mile (two thousand six hundred forty (2,640) feet) from a bald eagle nest; D. A distance equal to or less than three hundred (300) feet upland from a stream, wetland, or water body; E. Bordering or within the floodway, floodplain, or channel migration zone; or F. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge area. "Advance mitigation" means mitigation of an antic- ipated critical area impact or hazard completed accord- ing to an approved critical area report and prior to site development. "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticul- tural, 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, sedi- ment 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, exca- vation, 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. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environ- mental 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 func- (Revised 6/06)20.14-6 20.14.200 tions to live in the marine environment), downstream migration, and ocean rearing to adults. "Applicant" means a person who files an applica- tion 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 permeabil- ity 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 replace- ment 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 subsur- face 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 groundwa- ter 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 desig- nated 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 veloc- ity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "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 current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid sci- entific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available sci- ence are included 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 con- servation practices or systems of practices and manage- ment measures that: A. Control soil loss and reduce water quality deg- radation caused by high concentrations of nutrients, ani- mal 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 revegeta- tion of disturbed areas; and D. Provide standards for proper use of chemical herbicides within critical areas. The City shall monitor the application of best man- agement practices to ensure that the standards and poli- cies of this title are adhered to. "Biodiversity" means the variety of animal and plant life and its ecological processes and interconnec- tions represented by the richness of ecological systems and the life that depends on them, 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 con- tiguous to and protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area. "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 evi- dence 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 debris to streams. A CMZ is not typically present if the valley width is gen- erally 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 chan- nel movement, and there is no field evidence of second- ary channels with recent scour from stream flow or 20.14-7 (Revised 6/06) Bremerton Municipal Code 20.14.200 progressive bank erosion at meander bends. Areas sepa- rated from the active channel by legally existing artifi- cial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ. "Clearing" means the removal of noninvasive sur- face vegetation including, but not limited to, brush, shrubs, natural grasses, and trees. Removal of surface vegetation in quantities greater than the minimum nec- essary 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. B. "Enhancement" means actions performed to improve the condition of existing degraded critical areas such as a wetland so that the functions they pro- vide are of a higher quality. C. "Preservation" means actions taken to ensure the permanent protection of existing, high-qual- ity critical areas such as wetlands. D. "Restoration" 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. "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 deter- mined to have a critical recharging effect on aquifers used for potable water as classified per BMC 20.14.420. "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 area tract" means land held in private own- ership 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, por- tions 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 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 installa- tions, and installations that produce, use, or store haz- ardous materials or hazardous waste. "Critical species" means all animal and plant spe- cies listed by the State or federal government as threat- ened or endangered. "Cumulative impacts or effects" means the com- bined, incremental effects of human activity on ecolog- ical 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 Com- munity 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, driv- ing 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 binds land to specific patterns of use including, but not limited to, subdivisions, short subdivisions, zone changes, condi- tional use permits, and binding site plans. Development activity does not include the following activities: A. Interior building improvements. (Revised 6/06)20.14-8 20.14.200 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 facili- ties that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service con- nections; 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. "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. "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 suit- able habitats within their natural geographic distribution so that isolated subpopulations are not created as desig- nated by WAC 365-190-080(5). These areas include: A. Areas with which State or federally designated endangered, threatened, and sensitive species have a pri- mary association; B. Priority habitat species and species of local importance including, but not limited to, areas desig- nated 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 juve- nile salmonid diet; D. Commercial and recreational shellfish areas; E. Kelp, eelgrass beds, and sandlance spawning habitat; F. Herring and smelt spawning areas; G. 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; H. 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; I. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; J. State natural area preserves and natural resource conservation areas; and K. Land essential for preserving connections between habitat blocks and open spaces. "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 tempo- rary condition of partial or complete inundation of nor- mally 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 delin- eated 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. "Floodplain" means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by 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 Fed- eral Emergency Management Agency's Technical Bul- letin No. 2-93, 1993, and FEMA publication FEMA- 348, Protecting Building Utilities from Flood Damage. "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 that 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 materi- als grouped together into a unit that is convenient for description or mapping. "Formation, confining" means the relatively imper- meable formation immediately overlying a confined aquifer. "Frequently flooded areas" means lands in the floodplain subject to a one (1) percent or greater chance 20.14-9 (Revised 6/06) Bremerton Municipal Code 20.14.200 of flooding in any given year and those lands that pro- vide important flood storage, conveyance, and attenua- tion 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. Classi- fications of frequently flooded areas include, at a mini- mum, 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, con- veyance and attenuation; groundwater recharge and dis- charge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recre- ation. 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 man- aged 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 pur- poses of this code, "geologically hazardous areas" are those areas receiving high or moderate geologically haz- ardous 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 man- agement program is required. "Groundwater management program" means a comprehensive program designed to protect groundwa- ter quality, to ensure groundwater quantity, and to pro- vide 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 groundwa- ter 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 desig- nated 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 and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site. Habitats of Local Importance. 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, breed- ing 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 fre- quently 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, prod- uct, 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 indus- trial land uses. "High quality wetlands" means those wetlands that meet the following criteria: A. No, or isolated, human alteration of the wet- land topography; B. No human-caused alteration of the hydrology or the wetland appears to have recovered from the alter- ation; C. Low cover and frequency of exotic plant spe- cies; D. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; E. If the wetland system is degraded, it still con- tains a viable and high quality example of a native wet- land community; and F. No known major water quality problems. "Historic condition" means a condition of the land, including flora, fauna, soil, topography, and hydrology (Revised 6/06)20.14-10 20.14.200 that existed before the area and vicinity were developed or altered by human activity. "Hydraulic project approval (HPA)" means a per- mit issued by the Washington Department of Fish and Wildlife for modifications to waters of the State in accordance with Chapter 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 Washington State Wetland Identification and Delineation Manual. "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 pro- longed 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 infiltra- tion 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 Washington State Wetland Identification and Delin- eation Manual. "Hyporheic zone" means the saturated zone located beneath and adjacent to streams that contains some por- tion 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 previ- ously 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, com- mercial, or municipal waste fluids beneath the lower- most 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 wastes 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 miner- als, 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 spe- cies. "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. "Joint aquatic resource permits application" means a single application form that may be used to apply for hydraulic project approvals, shoreline management per- mits, approvals of exceedance of water quality stan- dards, water quality certifications, coast guard bridge permits, Washington State Department of Natural Resources use authorization, and U.S. Army Corps of Engineers permits. 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 conserva- tion and use of on-site natural features integrated with 20.14-11 (Revised 6/06) Bremerton Municipal Code 20.14.200 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, pas- sive 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 build- ing'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 com- pensating for adverse critical areas impacts. "Mitiga- tion," 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 habitat conservation areas by repairing, rehabilitating, or restoring the affected envi- ronment to the conditions existing at the time of the ini- tiation of the project; D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engi- neered 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, crit- ical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and G. Monitoring the hazard or other required miti- gation 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 perma- nent foundation when attached to the required utilities. The term "mobile home" does not include a "recre- ational 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 dis- turbance 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 mod- erate agricultural land uses. "Monitoring" means evaluating the impacts of development proposals on the biological, hydrological, and geological elements 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 docu- menting 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 pur- pose of preventing harm to property and the environ- ment, 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. "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 (OHM)" means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. "Out-of-kind compensation" means to replace crit- ical areas with substitute critical areas whose character- istics do not closely approximate those destroyed or degraded. It does not refer to replacement "out-of-cate- gory." "Permeability" means the capacity of an aquifer or confining bed to transmit water. It is a property of the (Revised 6/06)20.14-12 20.14.200 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. Depart- ment of Agriculture, that contain voids, pores, inter- stices, or other openings which allow the passing of water. "Potable water" means water that is safe and palat- able 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 logis- tics 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 nec- essary for the proper functioning of the habitat of a crit- ical species. "Regular basis" means that the habitat area is normally, or usually, known to contain a critical spe- cies, or based on known habitat requirements of the spe- cies, 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 infre- quently yet rely on certain habitat types. "Priority habitat" means habitat type or elements with unique or significant value to one (1) or more spe- cies as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique veg- etation type or dominant plant species, a described suc- cessional 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 pro- posed 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 expe- rience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accor- dance with WAC 365-195-905(4). A qualified profes- sional 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 wet- lands 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 haz- ard 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, engi- neer, or other scientist with experience in preparing hydrogeologic assessments, and meets the requirements set forth in BMC 20.14.450. "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 ser- viceable 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 oth- erwise alter critical areas are not included in this defini- tion. "Restoration" means measures taken to restore an altered or damaged natural feature including: A. Active steps taken to restore damaged wet- lands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unautho- rized 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 ripar- ian-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). It includes the entire extent of the floodplain and the extent of vegeta- tion 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 devel- opment activities. "Scientific process" means a valid scientific pro- cess is one (1) that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as fol- lows: 20.14-13 (Revised 6/06) Bremerton Municipal Code 20.14.200 A. Peer Review. The information has been criti- cally reviewed by other qualified scientific experts in that scientific discipline. B. Methods. The methods that were used are stan- dardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to ensure their reliability and validity. C. Logical Conclusions and Reasonable Infer- ences. The conclusions presented are based on reason- able 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 ana- lyzed using appropriate statistical or quantitative meth- ods. E. Context. The assumptions, analytical tech- niques, 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 perti- nent 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 as 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 consul- tation under Section 7 of the Federal Endangered Spe- cies 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. "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 asso- ciated 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 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). "Shorelines of statewide significance" means those areas defined in RCW 90.58.030(2)(e). "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 asso- ciated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW. "Soil survey" means the most recent soil survey for the local area or county by the National Resources Con- servation 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. Designa- tions 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 sys- tem requiring more stringent criteria than drinking water standards; B. Groundwater recharge areas and wellhead pro- tection 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 spe- cies. "Species, priority" means any fish or wildlife spe- cies requiring protective measures and/or management guidelines to ensure their persistence as genetically via- ble 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 impor- tance. "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. "Subdrainage basin" or "subbasin" means the drain- age area of the highest order stream containing the sub- (Revised 6/06)20.14-14 20.14.200 ject 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 mar- ket 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 min- imization have been achieved. "Vulnerability" means the combined effect of sus- ceptibility to contamination and the presence of poten- tial 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 car- ried out only on, in, or adjacent to water. Examples of water-dependent uses include: ship cargo terminal load- ing areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities; mari- nas, moorage, and boat launching facilities; aquacul- ture; float plane operations; surface 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. "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 inter- mittent 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. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal cir- cumstances do support, a prevalence of vegetation 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 ameni- ties, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construc- tion of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non- wetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local govern- ment shall use the Washington State Wetland Identifica- tion and Delineation Manual. "Wetland classes," "classes of wetlands," or "wet- land types" means the descriptive classes of the wet- lands 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 mitigation bank" means a site where wetlands are restored, created, enhanced, or in excep- tional circumstances, preserved expressly for the pur- pose 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. (Ord. 4965 § 7 (part), 2006) 20.14-15 (Revised 6/06) Bremerton Municipal Code 20.14.330 20.14.300 WETLANDS. BMC 20.14.310 through 20.14.360 pertain to wet- lands. (Ord. 4965 § 7 (part), 2006) 20.14.310 DESCRIPTION AND PURPOSE. (a) Wetlands are those areas, designated in accor- dance with the "Washington State Wetland Identifica- tion and Delineation Manual" (1997), that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the City meeting the wetland designation criteria in the identification and delineation manual, regardless of any formal identification, are hereby designated crit- ical 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 habi- tat; and serve as areas for recreation, education, scien- tific 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 run- off volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to main- tain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intru- sion; and generally preserve the ecological integrity of the wetland area. (d) The primary purpose of the wetland regula- tions 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 wet- lands. (Ord. 4965 § 7 (part), 2006) 20.14.320 CLASSIFICATION AND DESIGNATION. (a) Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecol- ogy wetland rating system found in the "Washington State Wetland Rating System for Western Washington" (Department of Ecology Publication No. 04-06-025) or as amended hereafter. These documents contain the def- initions 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 wet- land 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 seventy (70) points or more out of one hundred (100) (DOE Wetlands Rating System, 2004); or e. Are characterized as a national heritage wetland; or f. Are characterized as a bog; or g. Are over one (1) acre and charac- terized as a mature and old-growth forested 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 func- tions, being difficult, though not impossible to replace; or b. Perform most functions rela- tively well, scoring fifty-one (51) through sixty-nine (69) out of one hundred (100) points (DOE Wetlands Rating System, 2004). (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 func- tions, scoring between thirty (30) through fifty (50) out of one hundred (100) points (DOE Wetlands Rating System, 2004). (iv) Category IV. Category IV wetlands are those that meet the following criterion: a. Provide low levels of functions, scoring less than thirty (30) out of one hundred (100) points (DOE Wetlands Rating System, 2004). (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 gov- ernment as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. (Ord. 4965 § 7 (part), 2006) 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 pro- posed activity will not degrade the functions and func- tional performance of the wetland and other critical areas. (b) Activities and uses shall be prohibited in wet- lands and wetland buffers, except as provided for in this title. (c) Category I Wetlands. Activities and uses shall be prohibited from Category I, except as provided for in (Revised 6/06)20.14-16 20.14.330 the public agency and utility exception, reasonable use exception, and variance sections of this title. (d) 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 rea- sonably 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 estab- lished under BMC 20.14.340(f) and (g). (e) Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be per- mitted in Category IV wetlands and associated buffers in accordance with an approved wetland report and mit- igation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the appli- cant's objectives. Full compensation for the acreage and loss functions will be provided under the terms estab- lished under BMC 20.14.340(f) and (g). (f) Wetland Buffers. (1) Standard Buffer Widths. The standard buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone ade- quate to protect the wetland functions and values at the time of the proposed activity. If the vegetation is inade- quate, then the buffer width shall be increased or the buffer should be planted to maintain the standard width. Required standard wetland buffers, based on wetland category, are as follows: (2) Measurement of Wetland Buffers. All buffers shall be measured horizontally from a perpen- dicular 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 veg- etated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers. (3) Increased Wetland Buffer Widths. The Director shall require increased buffer widths in accor- dance 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 val- ues based on site-specific characteristics. This determi- nation 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 vegeta- tive 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 veg- etation is considered "inadequate" and will need to be enhanced through additional native plantings and (if appropriate) removal of nonnative plants when: (1) non- native 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. (4) Wetland Buffer Width Averaging. The Director may allow modification of the standard wet- land buffer width in accordance with an approved wet- land 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 demon- strates that: (i) No feasible site design exists without buffer averaging; Wetland Category Standard Buffer I200 ft. II 100 ft. III 75 ft. IV 50 ft. 20.14-17 (Revised 6/06) Bremerton Municipal Code 20.14.330 (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 vegeta- tion, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a nar- rower 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. (5) Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer require- ments of this chapter. (6) Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wet- land buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. (7) Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title, provided they are not prohibited by any other applicable law and they are con- ducted in a manner so as to minimize impacts to the buffer and adjacent wetland: (i) Conservation and Restoration Activi- ties. Conservation or restoration activities aimed at pro- tecting 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 buffer area; 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 accept- able; 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; b. Wildlife viewing structures; and c. Fishing access areas down to the water's edge that shall be no larger than six (6) feet. (iii) Stormwater Management Facilities. Stormwater management facilities, limited to stormwa- ter 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. (g) 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 authori- zation 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 per- mitted activities. This temporary marking shall be main- tained 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 perma- nent 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 determine if fenc- ing 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 (Revised 6/06)20.14-18 20.14.340 conditioned to require the applicant to install a perma- nent fence at the edge of the wetland buffer when fenc- ing will prevent future impacts to the wetland. (ii) Fencing installed as part of a pro- posed 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. 4965 § 7 (part), 2006) 20.14.340 MITIGATION REQUIREMENTS - WETLANDS. Compensatory mitigation for alterations to wet- lands shall achieve equivalent or greater biologic func- tions. Compensatory mitigation plans shall be consistent with the State Department of Ecology publication "Guidance on Wetland Mitigation in Washington State," 2004 (Publication Nos. 04-06-013a and 04-06- 013b), or as revised. (a) Mitigation shall be required in the following order of preference: (1) Avoiding the impact altogether by not tak- ing a certain action or parts of an action. (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementa- tion by using appropriate technology, or by taking affir- mative steps to avoid or reduce impacts. (3) Rectifying the impact by repairing, reha- bilitating, 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 environ- ments. (b) Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address func- tions 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 func- tions as determined by a site-specific function assess- ment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a water- shed 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 replace- ment of historically diminished wetland types. (c) Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhanc- ing, or substitution shall occur in the following order of preference: (1) Restoring wetlands on upland sites that were formerly wetlands. (2) Creating wetlands on disturbed upland sites such as those with vegetative cover consisting pri- marily 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 sub- surface hydrologic regime is conducive for the wetland community that is being designed. (3) Enhancing significantly degraded wet- lands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropri- ate ratio requirements. (d) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological function- ing would result from an alternate approach, compensa- tory 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-subd- rainage basin opportunities do not have a high likeli- hood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consid- eration should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage capacity, poten- tial 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 are used as mitigation and the use of credits is consistent with the terms of the bank's certifi- cation. (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 20.14-19 (Revised 6/06) Bremerton Municipal Code 20.14.340 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 proba- bility of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous con- ditions 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 tempo- rary delay must include a written justification that doc- uments 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 follow- ing 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. 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 mitiga- tion bank. When credits from a certified bank are used, replacement ratios should be consistent with the require- ments of the bank's certification. The first number spec- ifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. (2) Increased Replacement Ratio. The Direc- tor may increase the ratios under the following circum- stances: (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 func- tions; (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 miti- gated by enhancement of existing significantly degraded wetlands, but must be used in conjunction with restoration and/or creation. Applicants proposing to enhance wetlands must produce a wetland report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will ade- quately mitigate for the loss of wetland area and func- tion at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. (2) At a minimum, enhancement acreage shall be double the acreage required for creation or restora- tion under subsection (f)(1) of this section. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland functions currently being provided in the wetland. (3) Mitigation ratios for enhancement in com- bination with other forms of mitigation shall range from 6:1 to 3:1 and be limited to Class III and Class IV wet- lands. (h) Wetland Mitigation Banks. (1) Credits from a wetland mitigation bank may be approved for use as compensation for unavoid- able impacts to wetlands when: (i) The bank is certified under Chapter 173-700 WAC; and (ii) The Director determines that the wet- land mitigation bank provides appropriate compensa- tion for the authorized impacts; and (iii) The proposed use of credits is consis- tent with the terms and conditions of the bank's certifi- cation. (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 mitiga- tion 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. (i) Wetland Mitigation Monitoring. The mitiga- tion plan shall include a program for monitoring con- struction of the compensation project and for assessing a completed project. A protocol shall be included outlin- ing the schedule for site monitoring, and how the moni- toring data will be evaluated. A monitoring report shall be submitted as needed to document milestones, suc- cesses, problems, and contingency actions of the com- pensation project. The compensation project shall be monitored for a period necessary to establish that perfor- mance standards have been met, but not for a period less than five (5) years. (Ord. 4965 § 7 (part), 2006) Category I 6-to-1 Category II 3-to-1 Category III 2-to-1 Category IV 1.5-to-1 (Revised 6/06)20.14-20 20.14.350 20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS. The subdivision and short subdivision of land in wetlands and associated buffers is subject to the follow- ing: (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 acces- sible 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. (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 crit- ical area report for wetlands shall be prepared by a qual- ified 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 prepar- ing wetland reports. (b) Area Addressed in Wetland Report. The fol- lowing 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, flood- plains, 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 infor- mation 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 sup- plying 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 depos- its). (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 conserva- tion 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-recog- nized 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 acre- age; (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 wet- lands 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 manage- ment 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 installa- tion, fertilizers, mulch, stakes) and the proposed moni- toring and maintenance work for the required number of years. 20.14-21 (Revised 6/06) Bremerton Municipal Code 20.14.420 (8) Title Notification. All activity in critical area protection areas shall be accompanied by a title. (d) Additional Information. When appropriate, the Director may also require the wetland report to include an evaluation by the State Department of Ecology or an independent qualified expert regarding the applicant's analysis and the effectiveness of any proposed mitigat- ing measures or programs, and to include any recom- mendations 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 wet- lands 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 mitiga- tion and monitoring plans and bonding measures pro- posed 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. 4965 § 7 (part), 2006) 20.14.400 CRITICAL AQUIFER RECHARGE AREAS. BMC 20.14.410 through 20.14.450 pertain to criti- cal aquifer recharge areas. (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 pro- tect groundwater quality by maintaining the quantity of recharge; avoiding or limiting land use activities that pose potential risk of aquifer contamination; and to min- imize or avoid adverse impacts to groundwater protec- tion areas through the application of performance standards, and to comply with the requirements of the Federal Safe Drinking Water Act, Washington Admin- istrative Code, and the requirements of the Wellhead Protection Program. (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 circum- stances, or based on scientific studies and mapping efforts. Factors considered in the identification of criti- cal aquifer recharge areas include depth to water table, presence of highly 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 well- head 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: • Gorst Basin Aquifer recharge area, and • 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 poten- tially will become potable water supplies and are vulner- able to contamination based on the type of land use activity. These include the following: (1) Highly Permeable Soils (Group A Hydro- logic 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 aqui- fer(s) which are not separated from the underlying aqui- fers by an impermeable layer that provides adequate protections to preclude the proposed land use from con- taminating the shallow aquifer(s) below, are considered aquifer recharge areas of concern. (Ord. 4965 § 7 (part), 2006) (Revised 6/06)20.14-22 20.14.430 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 improve- ments, 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 impervi- ous surface area that do not increase the use of a hazard- ous substance. Standards for development shall be in accor- dance 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) gal- lons of effluent per day and that are limited to a maxi- mum density of one (1) system per one (1) acre. (4) Residential Use of Pesticides and Nutri- ents. Application of household pesticides, herbicides, and fertilizers that do not exceed times and rates speci- fied on the packaging. (5) Residential storage or use of petroleum and petroleum products. (6) Activities which have a potential contam- ination source below threshold amounts as set forth in applicable statues 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. (b) Prohibited Activities. The following activities and uses are prohibited in Category I critical aquifer recharge areas: (1) Landfills, including hazardous or danger- ous 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 met- als, hard rock, sand and gravel; (4) Chemical wood preservation and/or treat- ment facilities; (5) Storage, processing, or disposal of radio- active substances; (6) Commercial activities that are not con- nected 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 fertil- izers 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 sub- stances as regulated by Chapter 173-360 WAC; (11)Use, storage, treatment, or production of perchlorethylene (PCE), other than in closed-loop sys- tems 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. 4965 § 7 (part), 2006) 20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS. (a) General Requirements. Any activity not spe- cifically 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 groundwa- ter 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 sig- nificant 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 condi- tions. 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. The need for additional infor- mation 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 recom- 20.14-23 (Revised 6/06) Bremerton Municipal Code 20.14.440 mendations 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 where economically feasible. Low-impact devel- opment 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 cri- teria 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 fol- lowing requirements: (i) All new above-ground storage facili- ties proposed for use in the storage of hazardous sub- stances or hazardous wastes shall be designed and constructed so as to: a. Not allow the release of a hazard- ous 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 contain- ment should leaks occur. (ii) No dry wells shall be allowed in criti- cal 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 tech- niques 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 accor- dance 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 vehi- cle service garages, photographic processing, printing and publishing shops, medical and dental 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 four- teen 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 Pol- lution at Log Yards. (13)Solid waste handling and recycling facili- ties 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 Manage- ment 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; (Revised 6/06)20.14-24 20.14.450 (iii) The golf course allows for periodic monitoring by the Department or an affected water util- ity. (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 utili- ties and will request them to comment during the pre- liminary phases of the City's review process on all proposed projects defined in subsection (b) of this sec- tion 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 rea- sonable 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. 4965 § 7 (part), 2006) 20.14.450 HYDROGEOLOGIC ASSESSMENT. The assessment shall address the impact the pro- posed 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 fol- lowing 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 Kit- sap 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 pre- pared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology (see definition of "Qualified professional" 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 cri- teria 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 avail- able 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. 4965 § 7 (part), 2006) 20.14.500 FREQUENTLY FLOODED AREAS. BMC 20.14.500 through 20.14.530 pertain to fre- quently flooded areas. (Ord. 4965 § 7 (part), 2006) 20.14.510 DESCRIPTION AND PURPOSE. It is the purpose of this chapter to promote the pub- lic health, safety, and general welfare, and to minimize public and private losses due to flood conditions in spe- cific areas caused by flooding. In addition, this section will give special consideration to anadromous fish hab- itat in combination with BMC 20.14.700, Fish and Wildlife Habitat Conservation Areas. (Ord. 4965 § 7 (part), 2006) 20.14.520 CLASSIFICATION AND DESIGNATION. Classifications of flood hazard areas shall be con- sistent with the one hundred (100) year floodplain des- ignation of the Federal Emergency Management Agency and the National Flood Insurance Program. (Ord. 4965 § 7 (part), 2006) 20.14.530 DEVELOPMENT STANDARDS. All development proposals shall comply with Chapter 17.60 BMC for general and specific flood haz- ard 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 com- pensatory storage on- or off-site. 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, 20.14-25 (Revised 6/06) Bremerton Municipal Code 20.14.630 base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. (Ord. 4965 § 7 (part), 2006) 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. BMC 20.14.600 through 20.14.660 pertain to geo- logically hazardous areas. (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 hazard- ous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, geologic events, land- slides, and moderate and steep slope areas. BMC 20.14.600 through 20.14.660 classifies geologically hazardous areas and sets development standards for development and clearing in or near geologically haz- ardous areas. (Ord. 4965 § 7 (part), 2006) 20.14.620 CLASSIFICATION. The following categories shall be used in classify- ing geologically hazardous areas: (a) Areas of high geologic hazard are areas meet- ing 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), "unsta- ble recent slides" (URS), or "intermediate" (I) by the U.S. Department of Agriculture Soil Conservation Ser- vice, U.S. Geologic Survey, the Washington Depart- ment 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 poten- tial for stream or wave incision or as classified as "highly erodible" or "potentially erodible" by the Natu- ral 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. (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 geo- logical reports may be used to determine the classifica- tion of a potentially geologically hazardous area in either of the following cases: (1) When an applicant questions the informa- tion 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, or potential seismic hazard areas. Requests by the Depart- ment 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 reports in cases where slope percentages are well documented and there is a probable likelihood of stable soil characteristics on the site. (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 geo- logically 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 vegeta- tion shall be in place from the toe of the slope to twenty- (Revised 6/06)20.14-26 20.14.630 five (25) feet beyond the top of the slope, unless modi- fications 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 classi- fied per BMC 20.14.620(b) shall be subject to the fol- lowing 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 geotech- nical report are approved. (2) Native Vegetation Buffer. Native vegeta- tion shall be in place from the toe of the slope to twenty- five (25) feet beyond the top of the slope, unless modi- fications supportable by a Geotechnical Report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utlilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotech- nical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department deter- mine 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 proper- ties, 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 mod- erate 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 haz- ard. (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-bear- ing 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 pas- sage 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 neces- sary 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 fea- sible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular spe- cies 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, pas- sage 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 20.14-27 (Revised 6/06) Bremerton Municipal Code 20.14.650 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 docu- ments "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 pre- pared 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 15.04.042, System Development and Construction Standards. The faces of all cut and fill slopes shall be protected to prevent ero- sion as required by the engineered erosion and sedimen- tation control plan. (i) Stormwater Runoff. At no time shall concen- trated 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 Depart- ment may approve reductions to required parking stan- dards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all stan- dards set forth in BMC 15.04.042, System Development and Construction Standards. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to pub- lic 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 dis- posal 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 engi- neer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All con- struction must meet the requirements of the City Build- ing Code as set forth in Chapter 17.04 BMC. (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 cases where their application would increase public safety and wel- fare 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 impervi- ous 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 pro- visions of BMC 20.14.660(b), and all requirements of the Bremerton Shoreline Master Program and other sec- tions 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 earth- quakes; (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 earth- quakes; (iv) Avoid construction of essential public facilities, other potential emergency response facilities, and large-scale public gathering places on sites under- lain by known surface fault lines. (Ord. 4965 § 7 (part), 2006) (Revised 6/06)20.14-28 20.14.660 20.14.660 SPECIAL REPORTS. Whenever development is proposed in a geologi- cally 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 sur- face 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 geologi- cally hazardous areas shall be based on existing site con- ditions rather than measures that have not yet been successfully approved or constructed (e.g., slope recon- touring, 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 with- out such measures; (2) Other nonstructural methods of beach sta- bilization have been considered and determined infeasi- ble; 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 exist- ing 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 con- ditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic haz- ard assessment which includes the location of structures and the identification of the slope and/or coastal pro- cesses occurring at the site and factors that contribute to them; (2) Review of available information, litera- ture, and mapping; (3) Detailed description of slope and other topographic features; and (4) Conceptual siting of structure and general recommendation which include methods and practices that avoid and/or reduce slope and shore impacts. Mini- mum 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 lim- ited geotechnical slope evaluation report, or a full geo- technical 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 vegeta- tion 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 informa- tion is required: (i) All the information required under subsection (e)(1) of this section; (ii) Geotechnical requirements and mea- sures to reduce risks; 20.14-29 (Revised 6/06) Bremerton Municipal Code 20.14.720 (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 stabil- ity recommendation and analyses of proposed final site stability measures; (v) Required construction specification and construction monitoring procedures; (vi) Revegetation and surface and ground- water management requirements; (vii)Evaluation of erosion potential and recommendations for erosion avoidance and any pro- posed mitigation measures; and (viii)Detailed tabulation of all basic geo- technical 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 condi- tion, or other supporting data. If the geotechnical engi- neer 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 agreement or disagreement with the recom- mendations in the geotechnical report and state whether the plans and specification conform to his or her recom- mendations. (g) Plan and Specification Review. When the engi- neered solutions are proposed, the geotechnical engi- neer shall submit a statement that in his or her judgment, the plans and specifications (if prepared by others) con- form to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropri- ate 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 wel- fare, 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 pro- posed as a method to ensure slope stability, a monitoring program shall be included as a part of the approved geo- technical report. To ensure that the performance stan- dards 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 recommen- dations. (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. 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 wild- life 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 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 so that iso- lated subpopulations are not created and achieve no net loss in fish or wildlife habitat or stream functions. (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 develop- ment standards of BMC 20.14.730. (Revised 6/06)20.14-30 20.14.720 (a) Streams and Shorelines. All streams and shore- lines which meet the criteria for Type S, F, Np or Ns waters as set forth in WAC 222-16-030 of the Depart- ment of Natural Resources Water Typing System. (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 promul- gated pursuant to Chapter 90.58 RCW including period- ically 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 camp- ing units or by a public accommodation facility licensed to serve more than ten (10) persons, where such diver- sion 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 diver- sion for one thousand five hundred (1,500) feet or until the drainage area is reduced by fifty (50) percent, which- ever 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 Depart- ment may allow additional harvest beyond the require- ments 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 inter- ested parties that: a. The management practices pro- posed 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 public 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 mainte- nance 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 nat- ural waters within the bankfull width of defined chan- nels 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 por- tions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of peren- nial 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 Dyr- ness, 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 nat- ural 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 nor- mal 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 chan- nel system to Type S, F, or Np waters. (b) Saltwater Shorelines, 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 Bremer- ton 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 20.14-31 (Revised 6/06) Bremerton Municipal Code 20.14.720 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 endan- gered, threatened and sensitive species that have pri- mary association documented in maps or databases available to the City and that, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (2) Areas targeted for preservation by the fed- eral, State, and/or local government which provide fish and wildlife habitat benefits, such as the shared strategy process for Puget Sound; and areas of primary associa- tion for anadromous fish and important waterfowl areas identified by the U.S. Fish and Wildlife Service. (3) 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 hab- itat 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 compar- atively high wildlife density, high wildlife species rich- ness, 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, 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 corri- dors 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, com- mercial, game, tribal, or other special value. (3) Long-term persistence of a species locally is dependent on the protection, maintenance, and/or res- toration of the nominated habitat. (4) Protection by other county, State, or fed- eral 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 alteration, or provides landscape connectivity which contributes to the integ- rity 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 exam- ple, 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 strat- egies 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 nomina- tion. (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 recom- mendation 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 impor- tance by resolution. (13)Establishment of Specific Rules for Pro- tection. Within one hundred twenty (120) days of the (Revised 6/06)20.14-32 20.14.730 effective date of an ordinance designating a species or habitat of local importance, the Director shall develop an administrative rule addressing protection in compli- ance 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. 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 out- lined 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 hab- itat affecting a subject property and proposed develop- ment. (a) Endangered, Threatened, and Sensitive Spe- cies. (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 pro- vided for by a habitat management plan (HMP) estab- lished by the Washington Department of Fish and Wildlife or applicable State or federal agency. (2) Whenever activities are proposed adjacent to a habitat conservation area with which State or feder- ally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accor- dance 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 fed- eral or State agencies. (3) Bald eagle habitat shall be protected pur- suant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are pro- posed adjacent to a verified nest, territory, or communal roost and, activities that are adjacent to bald eagle sites within eight hundred (800) feet or within one-half (1/2) mile (two thousand six hundred forty (2,640) feet) and in a shoreline foraging area shall require an approved HMP. The City shall verify the location of eagle man- agement areas for each proposed activity. Approval of the activity shall not occur prior to approval of the HMP by the Washington Department of Fish and Wildlife. (b) Anadromous Fish. (1) All activities, uses, and alterations pro- posed 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 enhance- ment of anadromous fish habitat, including, but not lim- ited 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 val- ues of the fish habitat or other critical areas; (iii) Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and (iv) Any impacts to the functions or val- ues 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 shall 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 contain- ing 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 wet- lands 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 (OHM) or from the top of the bank where the OHM 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 20.14-33 (Revised 6/06) Bremerton Municipal Code 20.14.730 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 20.14.140. (1) Buffers. Where existing buffer area plant- ings provide minimal vegetative cover and cannot pro- vide 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. 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. Monitoring and maintenance of plants shall be required in accor- dance with BMC 20.14.760, Monitoring and Contin- gency Plan. Existing buffer vegetation is considered "inadequate" and will require enhancement through additional native plantings and removal of nonnative plants when: (i) Nonnative or invasive plant species provide the dominant cover; (ii) Vegetation is lacking due to distur- bance and marine, stream, or habitat resources could be adversely affected; or (iii) Enhancement plantings in the buffer could significantly improve buffer functions. (2) "Minimum building setback" is the required horizontal distance between the finished exte- rior 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 dis- tance 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 permit- ted 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 classi- fications, as shown in Table 1 of this section. Buffers shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM can- not be identified. The buffer width shall be increased to include streamside wetlands which provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHM or top of bank shall be defined so as to include the entire stream feature. (4) Buffer Averaging. 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 provisions 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 spe- cialist with five (5) years' experience that: (i) Buffer averaging is necessary to avoid a hardship caused by circumstances to the prop- erty; (ii) The habitat contains variations in sen- sitivity 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; 20.14.730 Table 1: Water Type Buffer Standards Water Types Attributes Minimum Building Setback Buffer Width Standard S Saltwater Urban Commercial/Industrial/ Downtown Waterfront 15 feet beyond buffer 25 feet Urban Residential 15 feet beyond buffer 35 feet Urban Conservancy 15 feet beyond buffer 175 feet S Freshwater Freshwater Shorelines of the State 15 feet beyond buffer 175 feet F Fish Habitat Waters 15 feet beyond buffer 150 feet Np Year-Round, Nonfish Habitat 15 feet beyond buffer 50 feet Ns Seasonal, Nonfish Habitat 15 feet beyond buffer 35 feet (Revised 6/06)20.14-34 20.14.730 (v) Buffer width averaging will not adversely impact fish and wildlife habitat conservation areas; (vi) The buffer width may be reduced by thirty-five (35) percent of the standard buffer, but not less than thirty-five (35) feet unless provided for by a habitat management plan. (5) Buffer Reduction. 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. Enhancement techniques can include, but are not limited to: (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 (1) currently does not exist will result in improved func- tion of the fish habitat; (ii) Fish barrier removal to restore acces- sibility to resident or anadromous fish; (iii) Fish habitat enhancement using log structures incorporated as part of a fish habitat enhance- ment 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 previ- ously culverted or piped, or daylighting box culverts or trestles. (6) Stormwater Management Facilities. Stormwater management facilities, limited to stormwa- ter 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 location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (7) Low-Impact Development (LID) Facili- ties. LID facilities, may be allowed within stream buff- ers; provided, that: (i) No other location is feasible; and (ii) The location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (8) Habitat Conservation Area Buffers. Habi- tat 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 previ- ously 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 mitiga- tion 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 to known locations of Class I fish and wildlife conservation areas will require, for all develop- ment permits, the submittal and approval of a habitat management plan (HMP) as specified in BMC 20.14.750. In the case of bald eagles, an approved bald eagle management plan by the Washington State Department of Fish and Wildlife, meeting the require- ments and guidelines of the bald eagle protection rules (WAC 232-12-292), as now or hereafter amended shall satisfy the requirements for an HMP. The requirement for an HMP shall be determined during the SEPA/criti- cal 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 may require the sub- mittal 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. 20.14-35 (Revised 6/06) Bremerton Municipal Code 20.14.730 (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 sur- faces, 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 stan- dards: (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 1:1 ratio; (2) Crossings shall not occur in salmonid spawning 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 coor- dination 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 carry- ing 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 permit- ted 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, and the National Marine Fisheries Service "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 ripar- ian condition; (2) For those shorelands and waters desig- nated as frequently flooded areas, a professional engi- neer 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 pes- ticides, 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 prac- tices 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 con- servation areas shall comply with the following proce- dures 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 condi- tioned 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 repre- sented on the final plat, short plat or binding site plan; (3) In order to avoid the creation of noncon- forming 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 dis- 20.14.730 Table 2: Wildlife Habitat Conservation Areas Class I All developments within 200 ft. 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. (Revised 6/06)20.14-36 20.14.730 posal system location that are suitable for development and does not adversely impact the fish and wildlife con- servation 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 pro- tection to the aquatic buffer. (k) Trails and Trail-Related Facilities. Construc- tion of public and private trails and trail-related facili- ties, such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat conservation areas or their buffers pursuant to the fol- lowing 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; (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 conserva- tion area; (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 pedes- trian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and miti- gation has been provided. Trail width shall not exceed five (5) feet unless there is demonstrated 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 desig- nated fish and wildlife habitat conservation areas may be allowed pursuant to the following standards: (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 sew- age systems may be permitted in fish and wildlife habi- tat 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 util- ity 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 nest- ing 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 (4) and one-half (1/2) feet) measured on the uphill side; (iii) New utility corridors shall be revege- tated 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 spe- cific 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: 20.14-37 (Revised 6/06) Bremerton Municipal Code 20.14.740 (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 wild- life conservation areas or their buffers, except those her- bicides 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 move- ment 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 quality. Where bank stabilization is determined to be necessary, bioengineering or other nonstructural methods should be the first option for pro- tection. Bulkheads and retaining walls may only be uti- lized as an engineering solution where it can be demonstrated that an existing residential structure can- not be safely maintained or set back without such mea- sures, 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 stabi- lization 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 pre- ferred to bulkheads or other types of marine 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 Wild- life'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 issu- ance 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 identifi- cation may be approved when such methods are deter- mined by the Department to provide adequate protection to the buffer. (o) Road/Street Repair and Construction. Any pri- vate or public road or street expansion or construction which is allowed in a fish and wildlife habitat conserva- tion 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 min- imum necessary, as required by the Department of Pub- lic Works, and shall comply with the Department of Public Works and Utilities' standards; and (5) Construction time limits shall be deter- mined in consultation with the Washington Department of Fish and Wildlife in order to ensure habitat protec- tion. (p) Other Allowed Uses in Fish and Wildlife Con- servation Areas. Other activities may be allowed using the standard for a Category II wetland buffer. (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. The preparation and sub- mission of this report is the responsibility of the appli- cant. 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 buff- ers 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 conser- vation areas. Approval for an HMP shall not occur prior to the consultation with the appropriate federal or State agencies. (Revised 6/06)20.14-38 20.14.740 (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 habi- tat 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. (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. The Washington Department of Fish and Wildlife priority habitat and species management recommendations, and/or bald eagle protection rules outlined in WAC 232- 12-292, as amended, may serve as guidance for this report. (e) The assessment of habitats for the site and project shall at a minimum include the following infor- mation: (1) A map prepared at an easily readable scale, showing: (i) The location of the proposed develop- ment site; (ii) Property boundaries; (iii) The relationship of the site to sur- rounding 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; (2) Detailed description of vegetation on and adjacent to the project area and its associated buffer; (3) Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary asso- ciation 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 devel- oped 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, including potential impacts to water quality; (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 mit- igation 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. (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 appropri- ate; (2) A request for consultation with the Wash- ington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency; and (3) Detailed surface and subsurface hydro- logic features both on and adjacent to the site. (g) Mitigation Measures. Possible mitigation mea- sures 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 activi- ties; (5) Establishing phased development require- ments; and (6) Monitoring plan for a period necessary to establish that performance standards have been met. 20.14-39 (Revised 6/06) Bremerton Municipal Code 20.14.750 Generally this will be for a period of seven (7) to ten (10) years. (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) 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. 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 alter- ation 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 mit- igated 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 haz- ard 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 pro- visions of the approved HMP. (d) Mitigation Sequencing. Applicants shall dem- onstrate 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 compen- sated for in the following sequential order of preference: (1) Avoiding the impact altogether by not tak- ing a certain action or parts of an action; (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementa- tion by using appropriate technology, or by taking affir- mative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; (3) Rectifying the impact to habitat conserva- tion 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 oper- ations during the life of the action; (5) Compensating for the impact to habitat conservation areas by replacing, enhancing, or provid- ing 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 mitiga- tion 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 mea- sures, including the site selection criteria, identification of compensation goals, identification of resource func- tions, 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 cre- ating the type of critical area proposed; and (iii) An analysis of the likelihood of suc- cess of the compensation project. (2) Performance Standards. The mitigation plan shall include measurable specific criteria for evalu- ating whether or not the goals and objectives of the mit- igation project have been successfully attained and whether or not the requirements of this title have been met. (3) Detailed Construction Plans. The mitiga- tion 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 fea- tures; (Revised 6/06)20.14-40 20.14.760 (iv) A planting plan specifying plant spe- cies, quantities, locations, size, spacing, and density; and (v) Measures to protect and maintain plants until established. These written specifications shall be accompa- nied 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 antici- pated 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 sched- ule for site monitoring (for example, monitoring shall occur in years one (1), three (3), five (5), and seven (7) after site construction), and how the monitoring data will be evaluated to determine if the performance stan- dards are being met. A monitoring report shall be sub- mitted 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 mon- itoring or evaluation indicates project performance stan- dards 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 com- pensation project, monitoring program, and any contin- gency measures shall be posted in accordance with bonds to ensure mitigation, maintenance, and monitor- ing (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 miti- gation 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 mitiga- tion 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 organiza- tional 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. 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 wild- life habitat conservation area. To ensure that the perfor- mance 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 monitor- ing reports shall be submitted on August 1st of each year during the monitoring period. An acceptable surety device is required to ensure the applicant's compliance with the terms of the mitiga- tion agreement. 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 can- not be completed prior to final acceptance due to weather conditions which may negatively affect the suc- cess 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 satis- factory manner within six (6) months or less. (1) 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) per- cent of the cost of the mitigation project and the term of the surety shall reflect the term of the monitoring pro- gram. (ii) Buffer Enhancement Projects. The amount of the maintenance surety shall be equal to fif- teen (15) percent of the costs of the enhancement project and the term of the surety shall reflect the term of the monitoring program. (2) 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 inspec- tion to ensure the performance standards are being met. 20.14-41 (Revised 6/06) Bremerton Municipal Code 20.14.760 (b) Long-Term Maintenance. To ensure the long- term success of the fish and wildlife habitat conserva- tion area, the applicant or their heirs or successors shall be responsible for the long-term maintenance of the hab- itat 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. 4965 § 7 (part), 2006) 20.42-1 (Revised 6/06) Bremerton Municipal Code 20.42.020 Chapter 20.42 DEFINITIONS Sections: 20.42.010 INTRODUCTION TO DEFINITIONS. 20.42.020 LIST OF DEFINED TERMS. 20.42.040 DEFINITIONS. 20.42.010 INTRODUCTION TO DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, Shoreline Master Program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this chapter and shall be applied to the provisions of this title. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.42.020 LIST OF DEFINED TERMS. Abandoned sign Abandonment or Abandoned Accessory dwelling unit (ADU) Accessory use, activity or structure Acre, net Acre, gross Adjoining or adjacent Administrative Hearing Examiner Adult entertainment business Adult family home Alley Alteration Alteration, structural Antenna, tower Antenna, wireless Applicant Appurtenance or Appendage Area of sign Art gallery Art studio Assisted living facility Automobile sales Automobile service and repair Awning/canopy Bay window Bed and breakfast Boarding house or rooming house Buffering Building code Building coverage Building envelope Building line Bulletin board/kiosk Car wash Caretaker Caretaker’s residence Cell on wheels (COW) Change of use Changeable copy/readerboard sign City Co-location Community facility Concealed Construction sign Day care facility Deck Density Density, maximum Density, minimum Detached Detoxification center Development coverage Directional sign Director Drinking place Drive-through facility Drive-through lanes Duplex Dwelling unit Dwelling, conventional Dwelling, modular or factory-built Dwelling, multi-unit structure Dwelling, single-unit attached Dwelling, single-unit structure Education and school Education, higher and college Entertainment use Equipment structure FAA FCC Fence Finance, insurance and real estate Foster home Franchise business Freestanding sign Frontage Gas station Grade Grade, average final Grade, existing Gross floor area Group residential Group residential - Class I (assisted living) Group residential - Class II (Revised 6/06)20.42-2 20.42.020 Group residential home Heavy industrial/manufacturing Height Home occupation Homeowners' association Hospital Hotel and lodging place Household Identification sign Illegal sign Impervious surface Incidental sign Junk yard Kennel Light industrial/manufacturing Loading area Lot Lot area Lot line, front Lot line, rear Lot line, side Lot, depth Lot, flag Lot, waterfront Lot, width Maintain Manufactured home Marina Marquee Medical laboratory Medical office and clinic Mobile home Monument sign Motion picture theater Multiple-building complex Multiple-occupancy building Museum and gallery Nonconforming sign Nursery and greenhouse Nursing/convalescent home Office and business services, general Off-premises sign Open space Outdoor athletic fields Parcel Park, playground and open space Parking, satellite Parking, structure Paved surface Personal service Physical fitness and health club Pier Pole sign Porch Portable sign Premises Private club or lodge Product sign Projecting sign Provider Public administration Public distribution/transmission facility Public utility facility Public information/identification sign Public services Recreational vehicle Recreational vehicle park Recycling center Recycling collection station Recycling collection station (limited) Rehabilitation Residential use Residential, as secondary use Restaurant Restaurant, fast food Retail, general Retail, large Rezone Sandwich board sign Satellite dish Senior citizen Senior housing complex Setback, maximum Setback, minimum Shopping center Sidewalk vendor Sign Sign structure Social services Stadium and sports complex Storage yard, outdoor storage Story Street Street, private Structure Structure, accessory Structure, principal Structure, temporary Support structures Temporary sign Tower Townhouse Transient person Transportation facility Use Use, accessory Use, conditional Use, principal Use, temporary Variance Vehicle- or trailer-mounted sign Vesting 20.42-3 (Revised 6/06) Bremerton Municipal Code 20.42.040 Veterinary clinics and animal hospitals Wall sign Warehousing Whip antenna Wireless telecommunications facility Worship and religious facility Yard Yard, construction or storage Zero lot line (Ord. 4971 § 4 (part), 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.42.040 DEFINITIONS. The following definitions shall be applied within this title: "Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six (6) months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a pub- lic hazard or eyesore. "Abandonment" or "abandoned" means to cease operation for a period of ninety (90) or more consecu- tive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be consid- ered abandoned for an additional period not to exceed ninety (90) days. "Accessory dwelling unit (ADU)" means a second dwelling unit added to or created within an existing sin- gle-unit residential structure (principal structure) or within a detached accessory structure (guest house, cot- tage, or as part of or above a garage) for use as a com- plete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the design standards contained in this code for ADUs. "Accessory use, activity or structure" means a use, activity, structure or part of a structure which is subordi- nate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. "Acre, net" means a measurement of land after sub- tracting public and private streets, rights-of-way, and other unusable or nondevelopable areas of land from a gross acre of land (forty-three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross.") "Acre, gross" means a measurement of land equal to forty-three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for ele- ments such as public or private streets or nondevelop- able areas. (See also "Acre, net.") "Adjoining" or "adjacent" means property that touches or is directly across a public or private right-of- way. This does not include property across from limited access highways or arterials with four (4) lanes of traffic or more. "Administrative Hearing Examiner" means a per- son appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Examiner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner estab- lished pursuant to Chapter 2.62 BMC. Adult Entertainment Business. See BMC 20.46.110. "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or mar- riage to the person or persons providing the services; provided, however, any limitation on the number of res- idents resulting from this definition shall not be applied if it prohibits the City from making reasonable accom- modations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). "Alley" means any public right-of-way or thor- oughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abut- ting properties, primarily for service purposes. "Alteration" means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. "Alteration, structural" means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attach- ing architectural features, appurtenances, or adorn- ments. "Antenna tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form (Revised 6/06)20.42-4 20.42.040 of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or elec- tromagnetic frequency signals. (1) An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirec- tional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirec- tional antenna. (2) A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. (3) A "parabolic antenna" is a device of gen- erally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pat- tern. Also referred to as a satellite dish. "Applicant" means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. "Appurtenance" or "appendage" means a supple- mental component, architectural feature, or decoration that has been added to or extends outward from the exte- rior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other sim- ilar features. "Area of a sign" means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52.060, Sign measurements.) "Art gallery" means a room or series of rooms where art such as paintings, sculptures or other works are exhibited. "Art studio" means a loft, room, group of rooms or building in which an artist works. This includes facili- ties for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. "Assisted living facility" means a residential facil- ity for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dis- pensing of medicines, shopping, appointments and other tasks. "Automobile sales" means an establishment prima- rily engaged in the sale or rental of personal or commer- cial vehicles such as cars, trucks, vans or motorcycles. "Automobile service and repair" means an estab- lishment primarily engaged in repairing, maintaining, or servicing automobiles. "Awning/canopy" means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) sup- ported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting, shall have no effect on the sign require- ments, unless lighted signs are specifically prohibited in that area or zone. "Bay window" means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the pro- jecting window is at least twenty-four (24) inches above grade directly below the center of the window. "Bed and breakfast" means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. "Boarding house" or "rooming house" means a sin- gle-unit residential structure in which rooms without kitchens are provided for nontransient persons and may include meals. This does not include licensed care-pro- viding facilities. "Buffering" means a structural, earthy, or vegeta- tive form used to minimize the impacts of one land use upon another. A buffer may include any one or a combi- nation of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. "Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) dimensional space within which a structure is permitted to occupy. Height, floor area ratio, setbacks, lot cover- age and similar restrictions establish the building enve- lope. "Building line" means a line on a lot, generally par- allel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not 20.42-5 (Revised 6/06) Bremerton Municipal Code 20.42.040 necessarily correspond with the location of any existing structures or other improvements. "Bulletin board/kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event informa- tion, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. "Car wash" means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger com- mercial trucks and buses. It includes self-service, full- service, and automated car washes and auto detailing services. "Caretaker" means a person who maintains or watches over someone else’s land or property on a part- time or full-time schedule. The caretaker may live on the property or elsewhere. "Caretaker’s residence" means an accessory dwell- ing unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. "Cell on wheels (COW)" means a mobile telecom- munications facility transported by a motor vehicle for temporary on-site use. "Change of use" means a change in the utilization or occupancy of a property or building from one use to another. "Changeable copy/readerboard sign" means a sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term mes- sages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign.") "City" means the City of Bremerton, Washington. "Co-location" means the placing of a wireless tele- communications antenna on an existing support struc- ture. "Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions. "Concealed" means a wireless telecommunications antenna or facility that is not evident; it is disguised, hid- den by or integrated with a structure that is not a tele- communications tower; or, a personal wireless service facility that is placed within an existing or proposed structure. "Construction sign" means a sign that relates directly to a construction project taking place on the pre- mises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. "Day care facility" means a facility licensed by the state of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty-four (24) hours. "Deck" means an open platform wider than eigh- teen (18) inches. A deck may be freestanding, cantile- vered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. "Density" means a measure of residential concen- tration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allow- able densities within this code, density shall be mea- sured on a "net" basis, whereby unusable areas such as rights-of-way and lands in public or shared ownership shall be deducted from the overall area in the calcula- tion. For example, a one hundred and twenty (120) acre area containing twenty (20) acres of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hun- dred (300) dwellings/one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.") "Density, maximum" means the maximum number of dwellings allowed per the net buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply. "Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum density shall apply. "Detached" means any residential structures on the same lot that are not connected and have a fire separa- tion of no less than six (6) feet as defined in Section R 302 of the IRC. For commercial structures see the Inter- national Building Code. "Detoxification center" means a facility providing for the care and treatment of an intoxicated person dur- ing the period in which the person recovers from the transitory effects of acute intoxication. "Development coverage" means that portion of a lot covered by the impervious surface areas of all struc- tures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehi- cle, pedestrian, bicycle, or other traffic, or individuals toward a specific destination or route. "Director" means Bremerton’s Director of Commu- nity Development and his/her designee. "Drinking place" means an establishment selling intoxicating beverages for consumption on the pre- mises. (Revised 6/06)20.42-6 20.42.040 "Drive-through facility" means an automobile-ori- ented facility designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. Drive-through facilities conduct a majority of their business transactions with customers served in their motor vehicles. This does not include gas stations, service stations, and auto repair garages. "Drive-through lanes" means a secondary or ancil- lary drive-up service at a business that is primarily ori- ented to walk-in or sit-down customers. The business must conduct a majority of transactions with walk-in or sit-down customers. (See also BMC 20.44.120, Ancil- lary drive-through lanes.) "Duplex" means a structure containing two (2) dwelling units on a single lot. "Dwelling unit" means a living space or combina- tion of rooms designed to provide independent year- round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation. "Dwelling, conventional" means any building or structure that is built or assembled (in the case of a mod- ular structure) on the site and in conformance with the provisions of the International Building Code (IBC). "Dwelling, modular or factory-built" means build- ings or structures that are constructed primarily in a fac- tory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the des- tination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home.") "Dwelling, multi-unit structure" means a structure containing three (3) or more dwelling units. (Also referred to as a "multifamily structure.") "Dwelling, single-unit attached" means two (2) sin- gle-unit dwellings (houses) that are attached at a com- mon side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line.") "Dwelling, single-unit structure" means a structure containing one (1) dwelling unit. (Also referred to as a "single-family dwelling," or a "house.") "Education" and "school" means an institution pri- marily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a pri- vate organization. Business and trade schools and Mon- tessori schools are included, as are satellite buildings of higher education colleges. "Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educa- tional buildings within a campus setting. "Entertainment use" means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theaters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls/night clubs and similar uses. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communi- cation signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communications Com- mission. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. "Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding com- panies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and devel- opers. "Foster home" means a dwelling unit in which a full-time resident provides temporary care and supervi- sion on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care. "Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. "Freestanding sign" means a sign which is designed solely for the purpose of directing motor vehicle, pedes- trian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building. "Frontage" means the actual length of the front property line abutting a street or alley (if no street front- age), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil. Gas stations include self-service and full-service operations. "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over 20.42-6.1 (Revised 6/06) Bremerton Municipal Code 20.42.040 water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved 20.42-9 (Revised 6/06) Bremerton Municipal Code 20.42.040 homes are neither manufactured homes nor dwelling units. (See "Mobile home.") "Marina" means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. "Marquee" means a permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. "Medical laboratory" means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agen- cies, to the medical, dental, or other health service pro- fessions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. "Medical office" and "clinic" means an establish- ment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. Veterinary offices and clinics that do not have facilities for overnight care are included. "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured home.") "Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty (40) percent of the width of the sign face. "Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. "Multiple-building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. "Multiple-occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use. "Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preserva- tion and exhibition of artistic, historical, or scientific objects. "Nonconforming sign" means a sign that was legally established, but no longer conforms to the cur- rent sign standards of this title. "Nursery" and "greenhouse" means facilities used for the propagation and sale of agricultural or ornamen- tal plants and related products: (1) "Retail nursery/greenhouse" offers prod- ucts to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. (2) "Wholesale nursery/greenhouse" raises nursery stock for sale to retail nurseries or other busi- nesses. (3) "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. "Nursing/convalescent home" means any home, place or institution which operates or maintains facili- ties providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carry- ing out of treatment prescribed by a duly licensed prac- titioner of the healing arts. It may also include community-based care. This does not include group res- idential facilities, hospitals, sanitariums, or treatment centers. "Office" and "business service, general" means a place of employment providing services other than pro- duction, distribution, sale or repair of goods or commod- ities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. "Off-premises sign" means any sign, including bill- board signs, that contains a message or directs attention to a business, profession, product, event, activity, or ser- vice that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other struc- ture upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. (Revised 6/06)20.42-10 20.42.040 Open Space. For zoning and development pur- poses, specific areas may be required for outdoor recre- ation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas desig- nated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervi- ous surfaces that are not related to the open space. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. "Parcel" means a continuous quantity of land in sin- gle ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot.") "Park," "playground" and "open space" means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas. "Parking, satellite" means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. "Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure. "Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar dura- ble materials. Low-impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials. "Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral ser- vices. "Physical fitness and health club" means an estab- lishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physi- cal fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. "Pier" means a fixed structure, or a permanently moored floating structure, built over tidelands or shore- lands, and used for a marine landing or moorage for watercraft. "Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face. "Porch" means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an appurtenance. "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. "Premises" means contiguous land in the same ownership or control not divided by a street or public right-of-way. "Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. "Product sign" means any sign with a face consist- ing of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on-premises business establishment, community facility, or tempo- rary event. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not paral- lel to the building’s facade. This sign may be supported by a structure in addition to its building or wall support. "Provider" means every corporation, company association, joint stock company, firm, partnership, lim- ited liability company, other entity and individual licensed to provide personal wireless services over per- sonal wireless communication facilities. "Public administration" means services and facili- ties operated by public agencies and serving a commu- nity need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire station, and other public buildings. "Public distribution/transmission facility" means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as pri- vately owned utilities that serve the general public are included. (See also "Public utility facility.") "Public utility facility" means facilities provided for the benefit of the general public related to infrastruc- ture and utilities. These include structures and equip- ment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that 20.42-13 (Revised 6/06) Bremerton Municipal Code 20.42.040 "Townhouse," for purposes of this code, means a single-unit structure in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more com- mon fire-resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately owned outdoor area as well (private yard or open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condominium ownership. "Transient person" means a temporary lodger who stays no longer than thirty (30) days per visit. "Transportation facility" means facilities in support of mass transit or multimodal forms of transportation, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities and similar. "Use" means the purpose or activity for which land or improvements are intended, occupied or maintained. "Use, accessory" means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-street parking. "Use, conditional" means a use that is not permitted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremerton Municipal Code. "Use, principal" means the primary or main use conducted or allowed on a lot or parcel. "Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period. "Vehicle- or trailer-mounted sign" means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle- or trailer-mounted signs do not include signs painted or placed on commercial vehicles announcing or advertis- ing the regular business activity of the vehicle owner. Vehicle- or trailer-mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxi- cabs. Vesting. A fully completed development applica- tion is "vested" at the time it is received by the permit- ting authority. The development may then be processed, permitted and carried out under the zoning, land divi- sion, and other regulations that were in effect when vest- ing occurred. "Veterinary clinic" and "animal hospital" mean a facility providing routine and emergency medical atten- tion to domestic pets and other animals. "Wall sign" means a sign attached directly to or erected against the wall of a building with the face par- allel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assem- bly, including wholesaling. This does not include estab- lishments offering the sale of bulk goods to the general public, which may be classified as large retail. Whip Antenna. See "omnidirectional antenna" under "Antenna, wireless." "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious facility" means a building or structure primarily intended as a place for public wor- ship and related activities such as religious education, meeting halls, and kitchens, or places for personal wor- ship or meditation. It does not include preschools, paro- chial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.") (1) "Front yard" means the yard area extend- ing the full width of the front of a lot between the front property line (lot line) and the front building line. (2) "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. Yard, Construction or Storage. See "Storage yard." "Zero lot line" means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback. (Ord. 4971 § 4 (part), 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44-1 (Revised 6/06) Bremerton Municipal Code 20.44.030 Chapter 20.44 GENERAL DEVELOPMENT STANDARDS Sections: 20.44.010 FRONT YARD. 20.44.020 TRADITIONAL FRONT YARD. 20.44.030 SIDE YARD. 20.44.040 REAR YARD. 20.44.050 ALTERNATIVE SETBACKS. 20.44.060 ACCESSORY STRUCTURE SETBACKS. 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE. 20.44.080 CALCULATING LOT AREA. 20.44.090 ROUNDING OF FRACTIONS. 20.44.100 FLAG LOTS. 20.44.110 LIGHTING REGULATIONS. 20.44.120 ANCILLARY DRIVE- THROUGH LANES. 20.44.010 FRONT YARD. (a) The front yard is the area extending the full width of the front of a lot between the front lot line and the front building line. (See Figure 20.44(a) for an illus- tration of front yards.) Structure intrusions into front yard setbacks are prohibited except: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, and chimneys and may project not more than two (2) feet into the front yard setback; (2) Decks, platforms, porches, steps, walk- ways, and driveways that do not exceed thirty (30) inches in height above the finished grade; (3) Raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six (6) feet into the front yard setback; (4) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020 may be allowed. (b) Front yard setbacks shall be applied in the fol- lowing manner for through lots: (1) Through Lot. A through lot has two (2) front lot lines parallel or approximately parallel to each other. The front yard setback shall apply to each front lot line, except the Director may designate one (1) of the front lot lines a rear lot line, provided the following cri- teria are met: (i) Orientation of the lot or structure shall be considered; (ii) At least sixty (60) percent of the lots or structures within the neighborhood block, or area being considered, are oriented in a similar direction away from the lot line being designated as a rear lot line; (2) Corner Lots. Corner lots have abutting streets that intersect. The front yard setbacks shall apply to each front property line. (3) Exceptions. When a property contains three (3) or more front yards, the Director may grant exceptions to maximum front yard setback requirements provided: (i) The maximum front yard setback continues to be applied to at least two (2) front yards that intersect each other; (ii) Relief is necessary to facilitate good design; and (iii) A strict application of the setback requirement would result in larger structures that are not practical for the intended use of the site. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.020 TRADITIONAL FRONT YARD. In residential zones, the Director may grant modifi- cations to the front yard setback provided: (a) Sixty (60) percent or more of the houses or garages/carports within a numbered block on the same side of the street as the subject property are set back less than the required zoning front yard setback; the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all prop- erties fronting on that side of the street; (b) No new structure may be set back less than five (5) feet from the front of the structures on the adjoining lots; and (c) The minimum front yard setback shall in no case be less than five (5) feet. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.030 SIDE YARD. The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, corner lots and other irregular lots may have only front and side yards and no rear yards. Structure intrusions into side yard set- backs are prohibited except: (a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback; (b) Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty (30) inches in height above the finished grade; and (c) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020. (Ord. 4950 § 8 (Exh. A) (part), 2005) (Revised 6/06)20.44-2 20.44.040 20.44.040 REAR YARD. The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into rear yard setbacks are pro- hibited except: (a) Eaves, cornices, awnings, architectural appendages, fireplaces, and chimneys and may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line. (b) Decks, platforms and open, uncovered porches, provided they do not exceed thirty (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line. (c) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020; and steps, walks and driveways, provided they do not exceed thirty (30) inches in height above the finished grade. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.050 ALTERNATIVE SETBACKS. The Director may approve alternative setbacks that generate a public benefit, provided the following criteria are satisfied: (a) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard set- backs; (b) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehen- sive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right-of-way in exchange for increased set- back from a development-sensitive environment such as a wetland or an existing incompatible land use; and (c) The development plan shall not be inconsistent with the intent of any provision of the zoning code. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.060 ACCESSORY STRUCTURE SETBACKS. (a) Accessory structures shall observe the front yard setback requirements of the zone in which they are located except for intrusions per BMC 20.44.010, 20.44.030, and 20.44.040. (b) Accessory structures in residential zoning dis- tricts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear prop- erty line adjoins an alley. (Ord. 4971 § 5, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE. The height of a building or structure shall be mea- sured as the distance from the average final grade to the highest point of the structure. Exceptions: penthouse for elevators, firewalls, chimneys, and flagpoles may exceed maximum height limits. None of these excep- tions to the height regulations shall be used for advertis- ing of any kind. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.080 CALCULATING LOT AREA. Lot area shall include all areas within the exterior lot lines less any water areas, wetlands and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. (See Figure 20.44(b) for an illustration of measuring lot area.) (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.090 ROUNDING OF FRACTIONS. In several instances throughout the code, the num- ber of units allowed may end in a fraction due to the mathematical equation used to determine allowable units. For instance, the number of dwelling units allowed on property using density calculations is deter- mined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.50. In no case shall setback requirements be rounded. (Ord. 4971 § 6, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) 20.44.100 FLAG LOTS. A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists of two (2) parts: the "flag" or main body of the lot and the "pan- handle" or the narrow accessway connecting the lot to the street. (a) When creating new lots the following stan- dards shall apply: (1) The minimum lot size shall be one hun- dred and fifty (150) percent of the minimum lot size of the underlying zone; (2) The "panhandle" shall have a minimum width of twenty (20) feet; (3) The minimum lot width and depth of the "flag" shall be the same as the underlying zone. (b) Flag lot dimensions shall be measured from the midpoint between two (2) opposite lot lines of the "flag" body of the lot. (c) The yard setbacks shall be the same as under- lying zone setbacks, except the front yard setback area shall be applied per Figure 20.44(a). (d) In those cases where subsection (c) of this sec- tion cannot be applied, the property line that most closely parallels the street from which the lot gains its 20.46-3 (Revised 6/06) Bremerton Municipal Code 20.46.060 ter shall be considered legal, provided the operation is consistent with all of the above-listed performance stan- dards. Any home occupation which was legally estab- lished but does not currently conform to all those standards may not expand or enlarge and shall terminate that use upon: (1) Change of use or ownership of the prop- erty; or (2) Written complaint of adjacent or nearby property owners after due notice and hearing is provided and if the Director determines that the home occupation is interfering with the use and enjoyment of the neigh- boring premises and is not compatible with the residen- tial environment in which it is located. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.040 MANUFACTURED HOMES. (a) Manufactured homes are permitted on one (1) individual parcel, lot, or tract in residential zones; pro- vided, that the home is: (1) Approved by the Washington State Department of Labor and Industries or the U.S. Depart- ment of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit, in accordance with the provisions of Chapter 43.22 RCW; (2) Comprised of at least two (2) fully enclosed parallel sections each of not less than twelve (12) feet wide by thirty-six (36) feet long; (3) Set upon a permanent foundation, as spec- ified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by con- crete or an approved concrete product which can be either load-bearing or decorative; (4) Compliant with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (5) Thermally equivalent to the State Energy Code; (6) Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three to twelve (3:12) pitch or greater; (7) Sided with exterior siding similar in appearance to materials commonly used on conven- tional site-built International Building Code single-fam- ily residences; and (8) A new manufactured home as defined in RCW 35.63.160(2). (b) A manufactured home which was legally placed and maintained prior to the date of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed to be a nonconforming struc- ture. If a legal nonconforming manufactured home is partially or wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set forth in the nonconforming provisions of this title. (c) The Building Official or designee shall inspect the installation of manufactured homes prior to occu- pancy and issue certificates of occupancy for manufac- tured homes. If all requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after the City issues a valid certificate of occupancy. (d) If a manufactured home is replaced by another manufactured home, a new certificate of occupancy shall be required for the installation of a manufactured home after the date of adoption of the ordinance codi- fied in this chapter. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT. A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an accessory use subject to the parking provisions of this title and the fol- lowing provisions: (a) A recreational vehicle may be occupied for a cumulative period not to exceed thirty (30) days during any twelve (12) consecutive month period; (b) A recreational vehicle may be parked and occupied by the owner of a lot as temporary housing during the period of new house construction on the lot for a period not to exceed one (1) year; (c) Only one (1) recreational vehicle may be occu- pied on a single lot at any time; (d) A recreational vehicle shall not be parked within a required front yard setback for more than fif- teen (15) consecutive days and not more than thirty (30) days cumulative in any twelve (12) consecutive months; and (e) Any occupied recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.060 DISH ANTENNAS. (a) A ground-mounted dish antenna is subject to the setback requirements of the underlying zone. (b) Dish antennas may not be placed above the maximum underlying zoning district height. (c) All dish or other parabolic antennas having a collector dish diameter of six (6) feet or greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish diameter smaller than six (6) feet may be pole- or roof-mounted in a location that has the least visual impact on surrounding properties and views while maximizing the effectiveness of the antenna's operation. (Ord. 4950 § 8 (Exh. A) (part), 2005) (Revised 6/06)20.46-4 20.46.070 20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. The intent of these provisions is to provide oppor- tunities for reusing functionally obsolete public and semi-public buildings that are structurally sound with new uses to extend their economic life. The adaptive reuse shall not be granted if the new use adversely affects adjacent properties. Consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment. (a) Approval of a Type III conditional use permit pursuant to BMC 20.58.020 is required when an adap- tive reuse is for a building located within a residential zone. The adaptive reuse shall meet the following crite- ria in order to be granted approval: (1) New traffic shall be accommodated within the existing levels of service on the surrounding neigh- borhood streets. (2) Provisions for off-street parking are made. The Hearing Examiner may reduce the number of off- street parking spaces if commute trip reduction methods are employed and the adaptive reuse does not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residential zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more com- patible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of opera- tions, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compati- bility with surrounding residential uses. (6) The subject building must have been con- structed for a stated public or semi-public use and oper- ated as such for a minimum of five (5) years. For the purposes of this section, "public and semi-public build- ing" shall include public schools, fire stations, libraries, churches, hospitals, post offices, and other public ser- vices. (b) The following uses may be approved for adap- tive reuse: (1) Residential, no density limit, provided no new floor area is constructed; (2) Foster homes; (3) Day care facilities; (4) Group residential facilities, Class I (assisted living); (5) Youth, teen, senior, or community centers; (6) Medical and dental clinic and related ser- vices (not hospitals); (7) Religious worship facilities; (8) Libraries; (9) Museums and art galleries; (10)Consultants (architectural, engineering, planning, design and similar); (11)Computer assistance and training (but not repair); (12)Office/business assistance services, call centers, and general offices; (13)Social services/facilities; (14)Welfare and charitable services/facilities; and (15)Public services. (Ord. 4971 § 7, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.080 MINERAL RESOURCE EXTRACTION. The purpose of this section is to preserve opportu- nities for mineral extraction while protecting the health and safety of the community. (a) Mineral resource extraction for soil and gravel, quarried stone or ore may be allowed if a Type III con- ditional use permit is approved pursuant to BMC 20.58.020. The owner or agent of the quarry shall sub- mit to the City copies of all documents submitted to the Washington State Department of Natural Resources with the application. (b) At a minimum, the following performance standards shall apply: (1) A fence eight (8) feet in height shall be installed around the mineral extraction area and all accessory operations. (2) When a subject property is adjacent to developed properties or public rights-of-way, a four (4) foot high landscaped sight-obscuring barrier shall be installed that will grow to not less than eight (8) feet high within three (3) years. If soil and terrain make land- scaping impractical, an eight (8) foot fence or wall that completely screens the property from other uses and the public streets shall be installed. (3) The following are the minimum distances to be measured from adjacent property lines or public rights-of-way: (i) Critical Area. (A) To edge of pit, excavation, or stockpiling area, one hundred (100) feet; (B) To crushing of rock or processing of stone, gravel or minerals, three hundred (300) feet; (C) To blasting, determined on a case-by-case basis. (ii) Shoreline Area. (A) To edge of pit, excavation, or stockpiling area, one hundred (100) feet; (B) To crushing of rock or processing of stone, gravel or minerals, three hundred (300) feet; (C) To blasting, determined on a case-by-case basis. 20.46-5 (Revised 6/06) Bremerton Municipal Code 20.46.110 (iii) Industrial Area. (A) To edge of pit, excavation, or stockpiling area, twenty (20) feet; (B) To crushing of rock or processing of stone, gravel or minerals, two hundred (200) feet; (C) To blasting, four hundred (400) feet. (iv) Residential Area. (A) To edge of pit, excavation, or stockpiling area, three hundred (300) feet; (B) To crushing of rock or processing of stone, gravel or minerals, five hundred (500) feet; (C) To blasting, determined on a case-by-case basis, minimum one thousand (1,000) feet. (v) All Other Land Uses. (A) To edge of pit, excavation, or stockpiling area, one hundred (100) feet; (B) To crushing of rock or processing of stone, gravel or minerals, three hundred (300) feet; (C) To blasting, determined on a case-by-case basis. (4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth shall be removed from the soil cover for a distance of fifty (50) feet from the edge of the pit. (5) No smoke, dust, dirt, fly ash, other air- borne particulate matter, toxic or odorous gasses, liquids or solids shall be emitted in quantities that adversely affect surrounding properties. (6) The provisions set forth in Chapter 6.32 BMC shall apply, as applicable. (7) Upon the termination of quarrying opera- tions at a pit that exceeds a depth of five (5) feet, the pit shall be backfilled to a minimum slope of one (1) foot vertical to one (1) foot horizontal. (8) The site shall be restored after quarrying activities are completed. A landscaping and site recla- mation plan shall be required with the conditional use permit and the City may require a security guarantee for restoration. (Ord. 4971 § 8, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.090 SENIOR HOUSING COMPLEX. Approval of a Type III conditional use permit pur- suant to BMC 20.58.020 may allow senior housing com- plexes in any zone, except industrial zones, subject to the following standards: (a) The site shall have access to an arterial street; (b) Minimum site area shall be no less than two (2) acres; (c) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (d) Off-street parking shall be a minimum one (1) space per dwelling; (e) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing resi- dential units; (f) Attached or detached structure types are per- mitted and dwelling units may be owned by individuals or occupied as rentals; (g) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be provided; and (h) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor's Office. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.100 RECYCLING COLLECTION STATION. The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premises col- lection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on-premises collection and storage is considered accessory to the principal use of the property and not available to the general public. (a) Areas to be used in the collection operation must have asphalt or concrete surface and shall be land- scaped to the same standards that apply to any other development or use within the subject zone. (b) The facility shall be closed to public access between the hours of 8:00 p.m. and 6:00 a.m. in residen- tial zones. (c) A sight-obscuring fence or wall built to the maximum allowed height of the zone shall be con- structed and maintained along the sides and rear of the facility. Chain-link type fences and gates are permitted along front lot lines. (d) The facility may be lighted for use during hours of darkness, but shall not be lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (e) The site shall be monitored and maintained in a clean, safe and healthful manner. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.110 ADULT ENTERTAINMENT BUSINESSES. This section regulates the location of adult enter- tainment businesses. The purpose of these regulations is to reduce conflicts between adult entertainment busi- nesses and other land uses. The intent is to protect the City from the blighting impacts of concentrations of adult entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed rights of the general public. (Revised 6/06)20.46-6 20.46.110 (a) Location of Adult Entertainment Businesses. (1) Adult entertainment businesses as defined in subsection (c) of this section are prohibited within the area circumscribed by a circle which has a radius of five hundred (500) feet from the following specified uses or zones: (i) Any zone in which residential use is listed as a principal use. (ii) Any public or private school. (iii) Any day care facility as defined in BMC 20.42.040. (iv) Any worship, religious, or church facility as defined in BMC 20.42.040. (v) Any public park. (vi) Any community or neighborhood center as defined in BMC 20.42.040. (vii)Any public library. (2) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of prop- erty or the land use district boundary line from which the proposed land is to be separated. (3) Violation of the use provisions of this sec- tion is declared to be a public nuisance per se, which shall be abated by the City Attorney as authorized under state law or the City code. (4) Nothing in this section is intended to authorize, legalize, or permit the establishment, opera- tion, or maintenance of any business, building, or use which violates any city code or statute of the state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (b) Development Standards. Adult entertainment businesses are subject to the development standards of the underlying zone. (c) Definitions. (1) "Adult entertainment" means any dance, amusement, show, display, merchandise, material, exhi- bition, pantomime, modeling, or any other like perfor- mance of any type, for the use or benefit of a member or members of the public or advertised for the use or bene- fit of a member of the public where such is characterized by an emphasis on the depiction, description, or simula- tion of "specified anatomical areas," defined in this chapter, or the exhibition of "specified sexual activi- ties," also defined in this chapter, or the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual desires. Any patron of an adult entertainment business, as defined in this section, shall be deemed a member of the public. (2) "Adult entertainment business" means any establishment providing adult entertainment as defined in this section including, but not limited to, adult arcade, adult retail establishment, adult motion picture theater, and exotic dance studio, more specifically defined herein. (3) "Adult arcade" means a commercial estab- lishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projec- tors, computer-generated or enhanced pornography, panoramic peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which pro- vide material for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activi- ties." (4) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic repro- ductions characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration. (5) "Adult retail establishment" means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for viewing or use off the premises of adult entertainment material defined in this chapter. For purposes of this provision, it shall be a rebuttable presumption that thirty (30) percent or more of a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presump- tion is rebutted, the Director may consider the following factors, which are not inclusive: (i) Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; (ii) Whether the establishment is adver- tised, marketed, or held out to be an adult merchandising facility; (iii) Whether adult entertainment material is an establishment's primary or one (1) of its principal business purposes; or 20.46-7 (Revised 6/06) Bremerton Municipal Code 20.46.140 (iv) Whether thirty (30) percent or more of an establishment's revenue is derived from adult entertainment material. An establishment may have other princi- pal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materi- als. The Director shall have full discretion to give appro- priate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. (6) "Exotic dance studio," also known as "erotic dance studio," "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commer- cial establishment, or any premises or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are charac- terized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or excite the patron's sexual desires. (7) "Adult entertainment material" means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities." (8) "Specified anatomical areas" means: (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (9) "Specified sexual activities" means: (i) The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one (1) person by another; or (ii) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sex- ual acts which are prohibited by law; or (iii) Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal or tumescence, even if com- pletely and opaquely covered; or (iv) Excretory functions as part of or in connection with any of the activities set forth in subsec- tions (c)(9)(i) through (iii) of this section. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.120 OUTDOOR STORAGE AREAS. All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria: (a) It shall be surrounded by a six (6) foot-high solid wall or sight-obscuring fence except for single- family residential homes on individual lots. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of- way. (c) Outdoor storage yards shall meet landscaping requirements for nonresidential uses. (Ord. 4971 § 9, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.130 OUTDOOR LAND USES. In addition to other applicable development requirements, outdoor-oriented land uses such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all parking and storage areas devel- oped with a paved surface which is durable and able to withstand all weather conditions. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.46.140 WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Purpose and Intent. The purpose of this section is to provide specific regulations for the placement, con- struction, modification and removal of these facilities. Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), the provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecom- munications facilities, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services. (b) General Provisions. (1) Not Essential Public Facilities. Wireless telecommunications facilities shall not be considered or regulated as essential public facilities. (Revised 6/06)20.46-8 20.46.140 (2) Exemptions. The following are exempt from the provisions of this section: (i) Industrial processing equipment and scientific or medical equipment using frequencies regu- lated by the Federal Communications Commission (FCC); (ii) Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale; (iii) Facilities used for the purpose of pub- lic safety by public or semi-public entities including, but not limited to, police communications, hospital commu- nications and 911 system communications; (iv) Wireless radio utilized for emergency communications in the event of a disaster; (v) Licensed amateur (ham) radio instal- lations; (vi) Satellite dish antennas less than two (2) meters in diameter, including direct home satellite services, when an accessory use of the property; (vii)Routine maintenance of otherwise permitted wireless telecommunications facilities; or (viii)Subject to compliance with all appli- cable City, state, and federal standards, an emergency repair of a wireless telecommunications facility; pro- vided, that a permit is applied for within thirty (30) days after completion of such emergency repair. (3) Principal or Accessory Use. Wireless tele- communications facilities may be either a principal or accessory use. A different use of an existing structure on the same lot shall not preclude the installation of a wire- less telecommunications facility on that lot. (4) Prohibited Use. Type I and Type II towers as defined in Chapter 20.42 BMC are prohibited in the low density residential (R-10) zone. (5) Reimbursement of Costs. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other con- sultants, mutually acceptable to both the applicant and the City, hired by the City to review and inspect the applicant's proposal when the City is unable to do so with its existing staffing resources. By way of illustra- tion and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environ- mental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant ser- vices plus a City service charge of ten (10) percent as calculated from before-tax cost. (c) Permits Required. Approval of a permit(s) is required to site a wireless communication facility in accordance with the following and the procedures set forth in Chapter 20.02 BMC: (1) Type I Director's Decision. (i) Co-location of antennas on towers per this section in nonresidential zones; (ii) Co-location of antennas on existing support structures per this section, excluding towers, in any zone. (2) Type II Director's Decision. New Type I towers and associated equipment and antennas in non- residential zones. (3) Type III Hearing Examiner Decision. Any wireless telecommunications facility not stated above, including the following: (i) Any Type I tower in a residential zone and associated antenna and equipment enclosures; (ii) Any Type II tower and associated antennas and equipment enclosures. (4) Expiration of Permits. A permit shall expire consistent with the provisions of the City build- ing code, except that the permit for construction of a wireless telecommunications facility shall expire one (1) year after the effective date of the permit approval. (d) Priority of Locations and Consideration Pro- cess. The order of priorities for locating new personal wireless service facilities shall be as follows: (1) Place antennas and towers on public prop- erty if practical. (2) Place antennas and towers in districts zoned freeway commercial (FC), marine industrial (MI), industrial park (IP), or industrial (I). (3) Co-locate antennas on appropriate rights- of-way and existing structures, such as buildings, tow- ers, water towers and smokestacks. (4) Place antennas and towers in other zone districts which do not adjoin or adversely impact resi- dential neighborhoods. (5) Only after an applicant has provided an alternative sites report per subsection (e) of this section that demonstrates that priority sites per this section have been investigated shall other sites be approved. (e) Application Submittal Requirements. Applica- tion for any Type I or Type II permit, and other related requests, shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information, unless waived or modified by the Director as unnecessary. The following information shall be submitted with a permit: (1) A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of 20.48-9 (Revised 6/06) Bremerton Municipal Code Figure 20.48(a) (1) The principal building or use shall be located within a radius of eight hundred (800) feet of the joint parking facilities. (2) The principal building or use shall not be separated from its parking by an arterial street unless it is within one (1) block of a signalized intersection. (3) The applicant shall demonstrate there will be no substantial conflict between the two (2) uses regarding hours of operation for which joint use of park- ing facilities is proposed. (4) A properly drawn legal instrument, approved by the City Attorney and executed by affected parties to set forth clearly the terms of the parking agree- ment, shall be recorded with the County Auditor. A copy of the recorded agreement shall be submitted to the Department. (5) The right to occupy the primary premises shall terminate if the joint use parking facilities that are necessary and were approved cease to be available. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Drive-through stacking requirements can be found in Chapter 11.12 BMC. (Ord. 4971 § 10, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) Figure 20.48(a) (Ord. 4950 § 8 (Exh. A) (part), 2005) Parking Minimum Design Requirements Parking Angle Standards Minimum Stall Width Minimum Stall Depth Minimum Aisle Width One-way Two-way 0° 22'0" 8'0" 10'0" 18'0" 30° 8'6" 17'0" 12'0" 20'0" 45° 8'6" 17'4" 12'3" 10'0" 50° 8'6" 18'0" 12'9" 20'0" 55° 8'6" 18'6" 13'3" 20'0" 60° 8'6" 18'10" 14'4" 20'0" 65° 8'6" 19'0" 15'2" 21'0" 70° 8'6" 19'2" 16'0" 21'6" 75° 8'6" 19'0" 17'6" 22'0" 90° 8'6" 17'11" 22'6" 22'6" A B C D D 20.50-3 (Revised 6/06) Bremerton Municipal Code 20.50.060 least one (1) tree in combination with shrubs, ground cover or other landscaping materials; (5) Bioswales and permeable pedestrian accessways through parking lots, connecting land- scaped areas, are encouraged and are included in the cal- culation of required landscaping square footage; (6) Lots larger than thirty (30) spaces are exempt from internal landscaping requirements if: (i) They have only a single aisle with parking spaces on one (1) or both sides; (ii) They have at least a five (5) foot width of landscaping across the frontage and along at least one (1) other property line; and (iii) The lot has no internal parking islands or peninsulas; (7) Trees shall be provided along any property line abutting a residential zone at a minimum rate of one (1) tree per each fifty (50) linear feet except along prop- erty lines abutting an alley or already occupied by a building or other structure; (8) If not necessary for visual buffering or if other trees are on or near the property line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property line; (9) Whenever possible, mature healthy trees, as defined in BMC 20.50.040(e), already existing on the site shall be preserved. Credit may be given by the Director at the time of site plan review for the preserva- tion of such a tree in exchange for the loss of a parking space; (l) 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 plant- ings, fences, walls, other structures, or visual obstruc- tions 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 appurte- nance 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 deci- sion. (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 common name, and caliper, size, and minimum height of speci- mens 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 per- manent irrigation systems; (2) 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; (3) 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. Temporary systems may be removed after twenty-four (24) months or two (2) growing sea- sons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas shall include the follow- ing 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; (5) Irrigation water shall be applied with dem- onstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (Revised 6/06)20.50-4 20.50.060 (7) All plant material shall be managed by pruning so that plant growth does not conflict with pub- lic utilities, restrict pedestrian or vehicular access, or create a traffic hazard. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52-3 (Revised 6/06) Bremerton Municipal Code 20.52.100 (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any pro- jecting sign (8) feet above grade or sidewalk as mea- sured to the bottom of the sign. (e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehi- cles. (f) The setbacks for freestanding signs may be reduced to zero (0), provided the sign complies with the vision clearance requirements. (g) Freestanding signs shall not extend beyond property lines. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.080 TEMPORARY SIGNS. All temporary signs are subject to the placement, size, and height requirements of this chapter, and the requirements set forth in the underlying zone. Addition- ally, the following requirements shall apply: (a) The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one hundred (100) square feet. (b) The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet. (c) Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days. (d) Temporary signs meeting the following stan- dards are exempt from the requirements of BMC 20.52.030 and BMC 20.52.090 through 20.52.140: (1) The sign is displayed for a period of seven (7) days or less; (2) The area of the sign is twenty-four (24) square feet or less; and (3) The height of the sign is six (6) feet or less. (e) Temporary signs shall not be permanently attached to the ground, a building, or to any other struc- ture, other than what is necessary to secure it to prevent theft, wind damage or safety problems. (f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events but shall not be permanently displayed. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.085 POLITICAL SIGNS. Political signs identify candidates or issues in upcoming elections and/or they may express noncom- mercial speech such as religious, political, social, or other philosophical messages. The content of such signs are not regulated, but are subject to the following requirements: (a) The sign area of political signs shall not exceed thirty-two (32) square feet. (b) The maximum height of a political sign shall be six (6) feet. (c) Political signs advertising a candidate or issue in an upcoming election shall be removed within four- teen (14) days after the general election. (d) Political signs that do not comply with the requirements of this section shall be subject to the per- mit requirements, sign area, setback and other provi- sions of this chapter. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts: (a) Vision Clearance. Signs shall conform to the clearance requirements of BMC 20.52.060. (b) Extension Above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof, except that in the DC, DW, and BC zones, up to fifty (50) percent of the area of a wall sign that is integrated into an architectural facade design ele- ment to define the primary entry to the premises may project above the parapet of a flat roof; provided, that all components of the sign are only visible to public view on the primary entry side of the building. (c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on pro- jecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. (e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than, the sign area. (Ord. 4971 § 12, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. The following standards shall apply to signs placed on property zoned commercial: (a) Freestanding Signs. (1) Sign Area. Freestanding signs may have an aggregated area that shall not exceed one (1) square foot of area per each lineal foot of street frontage subject to the following: (i) Narrow Parcel. Any parcel having less than fifty (50) lineal feet of street frontage may have (Revised 6/06)20.52-4 20.52.110 one (1) freestanding sign not to exceed fifty (50) square feet. (ii) Wide Parcel. Any parcel having more than fifty (50) lineal feet of street frontage may have multiple freestanding signs, provided no single free- standing sign exceeds an area of one hundred (100) square feet. (2) Spacing. Freestanding signs located on the same parcel or site shall have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback is required from adjacent property lines, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compli- ance impossible. (3) Maximum Height and Design. Freestand- ing signs shall comply with the height and design requirements set forth in Figure 20.52(a). (b) Building Signs. (1) Commercial Uses. The building sign stan- dards shall be in accordance with the following: (i) Sign Area. Signs attached to a build- ing may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of build- ing facade width. (ii) Maximum Sign Size. A building sign attached individually shall not exceed one hundred (100) square feet in area, except it may exceed the max- imum if the total sign area is less than ten (10) percent of the total building facade area. (2) Industrial Uses. The building sign stan- dards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following: (i) Sign Area. The maximum aggregated area for all building signs attached to a single building shall be one hundred (100) square feet. (3) Number of Signs. There is no limit to the number of individual building signs, provided the max- imum aggregated sign area is not exceeded. (4) Illumination. Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from other land uses, and away from on- coming traffic. (c) Shopping Center or Professional Complex. A shopping center, professional office complex, or similar large multiple-occupancy development may have an identification sign to a maximum size of three hundred (300) square feet placed along one (1) or more street frontages that are longer than three hundred (300) feet each, provided the sign is no closer than one hundred (100) feet from an adjacent property on the same side of the street and no other freestanding signs larger than fifty (50) square feet are placed on the subject property. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. This section applies within the freeway commercial zone designation. (a) No provisions under this section shall be inter- preted to preclude other provisions of this chapter that are applicable to a given property or proposal. (b) In addition to the other standards prescribed in this chapter, a dealership group may erect one (1) auto- mobile dealership district sign subject to the following requirements: (1) A dealership group is two (2) or more franchises under common ownership; (2) The automobile dealership district sign shall be limited to identifying the dealership group and the brands of vehicles sold in the group; (3) The total area of the sign shall not exceed fifty (50) square feet for each dealer franchise in the group (example: a dealership group with two (2) dealer franchises would be allowed an automobile dealership district sign of up to one hundred (100) square feet); (4) The maximum total sign area in no case shall exceed one hundred fifty (150) square feet if the sign is a pole sign, or two hundred (200) square feet if it is a monument sign; (5) The square footage of the sign shall be deducted from the total aggregated signage allotted to the parcel on which the sign is placed; (6) The sign can only front on a City arterial street; (7) A master signage plan is required to be submitted prior to issuance of the sign permit showing the location and area of all signage of all the dealerships within the dealership group. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. The following regulations apply to properties in residential zones: (a) Freestanding Signs. (1) Entrance Signs. One (1) freestanding sign may be permitted at each street entrance to a neighbor- hood, subdivision, manufactured park, apartment/con- dominium complex, or other homogeneous residential area, provided: (i) The sign specifically identifies the development only; (ii) The sign area is fifty (50) square feet or less. (2) Multiple-Family Developments. A resi- dential development having four (4) or more dwelling units may have one (1) permanent freestanding sign per 20.52-5 (Revised 6/06) Bremerton Municipal Code 20.52.160 street frontage, provided the total sign area does not exceed four (4) square feet. (3) Individual Properties. Each residential property may have one (1) freestanding permanent sign that shall not exceed two (2) square feet in sign area. (4) Height. Freestanding signs shall have a maximum height of six (6) feet as measured from grade directly below the sign to the highest point on the sign or its support structure. (b) Building Signs. (1) The freestanding sign limitations pre- scribed in subsections (a)(1) through (3) of this section may be applied to building signs in lieu of freestanding signs. (c) Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size and character of other such signs in the immediate neighborhood. (d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind are prohibited. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC 20.52.100. When an established business use is located in the low density residential zone, the special purpose sign regulations shall apply. In addition, the fol- lowing shall apply: (a) Freestanding Signs. (1) Sign Area. The maximum area of a free- standing sign shall be limited to fifty (50) square feet. (2) Number of Signs. Only one (1) freestand- ing sign is allowed per each street frontage. (3) Height. The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs. (1) Sign Area. The aggregate area of all build- ing signs, projecting signs, and other signs attached to buildings shall not exceed one hundred (100) square feet. (2) Number of Signs. There is no limit to the number of individual building signs, provided the max- imum aggregated sign area is maintained. (c) Illumination. When located within the low density residential zone, the sign shall not be illumi- nated between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 4971 § 13, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS. The following standards shall apply to signs in the downtown core (DC), downtown waterfront (DW), business core (BC), and in the center zones: neighbor- hood center core (NCC), district center core (DCC), and employment center (EC): (a) Freestanding Signs. (1) Sign Area. The requirements prescribed in BMC 20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to exceed one hundred (100) square feet. (2) Spacing. Freestanding signs shall be no closer than twenty-five (25) feet from adjacent proper- ties, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible. (3) Maximum Height and Design. Freestand- ing signs shall comply with the height and design requirements set forth in Figure 20.52(a). (b) Building Signs. The requirements prescribed in BMC 20.52.100(b) shall apply. (c) Moving, flashing, or animated signs are pro- hibited in downtown and centers zones. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.150 VARIATIONS TO SIGN REGULATIONS. (a) The Director shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided: (1) The adjustments do not exceed ten (10) percent of the basic requirement; and (2) The adjustment is based on a hardship or problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design preference. (b) A request for adjustments beyond ten (10) per- cent shall be processed as a variance pursuant to BMC 20.58.030. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS. Sandwich board signs located with the downtown and centers zones may be placed on sidewalks or por- tions of the pedestrian public right-of-way subject to the following conditions: (a) A minimum four (4) feet of unobstructed side- walk or pedestrian path must be maintained. A sandwich board sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way. (Revised 6/06)20.52-6 20.52.170 (c) One (1) sandwich board is allowed for any licensed business. The sign must be displayed immedi- ately adjacent to the main entrance of the business employing the sign. (d) Sandwich board signs shall not exceed thirty- two (32) inches in width or thirty-six (36) inches in height as displayed. (e) Sandwich board signs shall be professionally lettered, neatly painted or assembled, and remain in good repair. (f) Sandwich board signs shall be constructed to avoid being blown from their intended location and to avoid tipping or falling. (g) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or por- tion of the sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in subsection (d) of this section. (h) Sandwich board signs shall be displayed dur- ing daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a sandwich board sign. (j) Sandwich board signs shall not block intersec- tions or otherwise constitute a public safety hazard. (k) Placement of sandwich board signs on the pub- lic right-of-way in violation of this section will result in immediate removal of the sign from the public right-of- way by City personnel. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.170 SANDWICH BOARD AND PORTABLE SIGNS - ALL ZONES. Sandwich board signs and portable signs not located within a downtown or center zone are allowed in other nonresidential zones subject to the following con- ditions: (a) Sandwich board and portable signs must com- ply with the requirements set forth in BMC 20.52.160(b) through (k). (b) Sandwich board signs may be located within a public right-of-way, provided the sign is no more than twelve (12) inches from the face of the structure. (c) Sandwich board signs not located within the public right-of-way shall be no more than twelve (12) inches from the face of the structure. (d) Portable signs shall not be located within a public right-of-way and shall be located within five (5) feet of the principal commercial structure that the sign is associated with. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.52.180 NONCONFORMING SIGNS. (a) Applicability. This section applies to the main- tenance, repair, amortization, as appropriate, and removal of nonconforming signs. (b) Definitions. (1) "Effective date of this section" means the effective date of the ordinance adopting this section: July 25, 2003. (2) "Nonconforming sign" means any sign as defined in Chapter 20.42 BMC. (3) "Section" means BMC 20.52.180 unless otherwise defined. (c) Eligibility. Any nonconforming sign located within the City limits on the effective date of this sec- tion, or located in areas annexed to the City thereafter that does not conform to the provisions of this section, is eligible for characterization as a legal nonconforming sign, provided it meets the following requirements: (1) A permit for the sign was obtained prior to the effective date of this section, if one was required under applicable law; or (2) If no sign permit was required under appli- cable law for the sign, the sign was in all respects in compliance with applicable law on the effective date of this section. (d) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provi- sions covering loss of legal nonconforming status and other limitations set forth in this section. (e) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (f) Legal Nonconforming Sign Permit. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within sixty (60) days of notification by the City that the sign is legal nonconforming. The permit shall be issued at no fee and shall expire at the end of the applicable amortization period prescribed in subsection (g) of this section. (2) Necessary Information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner, or the owner of the property upon which the sign is located, and such other pertinent information as the Director may require ensuring compliance with the code, including proof of the date of installation of the sign. (3) Failure to Comply. A legal nonconform- ing sign for which no permit has been issued within the sixty (60) day period shall within six (6) months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of BMC 20.40.200. 20.52-6.1 (Revised 6/06) Bremerton Municipal Code 20.52.180 (g) Amortization. (1) In order to ease the economic impact of this code on businesses or persons with substantial investment in signs in existence on the effective date of this section, this section provides for up to five (5) or ten (10) years, as applicable, of the continued use of the nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for federal income tax purposes; provided, however, 20.54-1 (Revised 6/06) Bremerton Municipal Code 20.54.040 Chapter 20.54 NONCONFORMING PROVISIONS Sections: 20.54.010 INTENT. 20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND APPLICABILITY. 20.54.030 ANNEXATION. 20.54.040 DEFINITIONS. 20.54.050 NONCONFORMING LOTS. 20.54.060 NONCONFORMING USES. 20.54.070 NONCONFORMING STRUCTURES. 20.54.080 NONCONFORMING LANDSCAPING. 20.54.090 CONDITIONAL NONCONFORMING USES. 20.54.100 NONCONFORMING SIGNS. 20.54.110 UNLAWFUL USES AND STRUCTURES. 20.54.010 INTENT. (a) Within the zones established by BMC Title 20 and amendments thereto, there exist lots, structures, uses of land and structures which were lawful at the time of their establishment but are prohibited, regulated, or restricted under the existing zone requirements. These nonconformities are declared incompatible with the zone because they do not conform to the requirements of the zone in which they are located. (b) To avoid undue hardship, nothing in this chap- ter shall be deemed to require a change in the plans, con- struction or designated use of any building or site legally established. The intent of this chapter is to set forth the conditions under which these nonconformities may con- tinue to exist until such time they are discontinued as prescribed by law. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.020 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 sub- standard in meeting the requirements of the zone which were in effect at its creation. (b) The rules of this chapter are applied by first reviewing which provisions are applicable to the non- conformity. (Does the nonconformity involve a lot, use, structure or a combination?) When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independent of the others. Example: a legally established single-family dwelling not allowed in the zone and not meeting set- back requirements would be allowed to rebuild from substantial destruction (BMC 20.54.060(e)(2)), but the new structure would have to comply with the current setback requirements (BMC 20.54.070(c)). (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.030 ANNEXATION. 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 zone in which they are located following the date of annex- ation, shall become a legal nonconformity subject to the requirements of this chapter. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.040 DEFINITIONS. The following definitions are applicable to this chapter: (a) Nonconforming Lots. A lot that does not meet the lot area, width or street frontage requirements of the zone in which it is located, but was lawfully created prior to the effective date of the zone or subsequent amendments thereto. (b) Nonconforming Use. Any activity, develop- ment or condition that by the zone in which it is located is not permitted outright or as an accessory use, or is not permitted by a conditional use permit or other special permitting process; but was lawfully created prior to the effective date of the zone 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. (c) Nonconforming Structure. A building or struc- ture that does not comply with the required setbacks, height, lot coverage and other development require- ments of the zone in which it is located, but was lawfully constructed prior to the effective date of the zone or sub- sequent amendments thereto and was continually main- tained as defined in this chapter. This term does not apply to any substandard condition that was legally granted a variance. (d) Substantial Destruction. For the purpose of this chapter, "substantial destruction" means the repair or replacement of a building or structure which exceeds seventy-five (75) percent of the replacement cost of the entire building, excluding the foundations. The replace- ment cost shall be derived from the market value of the structure or the value as defined by the City’s building code, whichever is greater. (Ord. 4950 § 8 (Exh. A) (part), 2005) (Revised 6/06)20.54-2 20.54.050 20.54.050 NONCONFORMING LOTS. The following provisions shall apply to all lots meeting the definition in BMC 20.54.040(a): (a) Continuation and Development. A noncon- forming lot may be developed for any use allowed by the zone, provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located. (b) Illegal Lot Modifications or Split. The follow- ing 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 zone in which it is located. (2) A government agency may lawfully mod- ify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or pur- pose, or is allowed otherwise by law. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.060 NONCONFORMING USES. The following provisions shall apply to all uses meeting the definition in BMC 20.54.040(b): (a) Continuation. Any legally established noncon- forming 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 con- taining a nonconforming use may be changed to the fol- lowing: (1) A use that conforms to the requirements of the zone; or (2) Another nonconforming use; provided, that: (i) A conditional use permit is approved pursuant to BMC 20.58.020; (ii) The existing nonconforming use was not discontinued as prescribed in subsection (d) or (e) of this section; (iii) The new use is clearly a reduction in the nonconformity and intensity of the existing noncon- forming use; and (iv) The applicant demonstrates that there is a demand for the use in the neighborhood that pro- vides a public benefit. (c) Expansion. A nonconforming use may not be expanded or enlarged, except under one (1) of following circumstances: (1) Alterations are permitted, provided it is within the existing physical space of the building or use. (2) Residential dwellings may have the build- ing area expanded if the number of dwelling units is not increased above or below the requirements of the zone in which it is located, there is no decrease in the number of off-street parking spaces below the minimum require- ments and the addition complies with all zoning require- ments. (3) The acquisition of additional accessory off-street parking is not an expansion of a nonconform- ing use. (d) Discontinuation. A nonconforming use that is discontinued 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 the requirements of the zone. A nonconforming use is deter- mined to be discontinued if any of the following circum- stances apply: (1) The nonconforming use is changed to a conforming use; (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 one (1) year. (e) Damage or Destruction. If a structure contain- ing 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 any of the following cir- cumstances: (1) The structure has suffered substantial destruction as a result of fire or other casualty not inten- tionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty. (2) The use is a detached or attached single- family dwelling located anywhere in the City. (3) A conditional use permit was approved pursuant to BMC 20.54.090. (f) Repair and Maintenance. A building or struc- ture containing a nonconforming use may be repaired and maintained if the work does not restore it from sub- stantial destruction. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.070 NONCONFORMING STRUCTURES. The following provisions shall apply to all struc- tures and buildings meeting the definition in BMC 20.54.040(c): (a) Continuation. Any legally established noncon- forming structure may be continued until such time that it is discontinued as prescribed in subsection (c) of this section. (b) Expansion. Buildings may be expanded, pro- vided: (1) A nonconforming structure may be enlarged, extended or structurally altered, provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development require- ments of the zone in which the structure is located. 20.54-3 (Revised 6/06) Bremerton Municipal Code 20.54.110 (2) Structures not conforming to the setback may be expanded by up to twenty (20) percent of the gross floor area and to the building line, provided the enlargements do not further violate setback require- ments. (c) Damage or Destruction. A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruc- tion of the structure shall comply with the requirements of the zone. (d) Partial Damage or Destruction. A nonconform- ing structure suffering from less than substantial destruction may have its nonconforming status sus- pended for a time period determined by the Director and be considered conforming for the purpose of improve- ments and repair, if: (1) The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal non- conforming status shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone. (3) In no case shall the nonconformity be allowed to expand. (e) Repair and Maintenance. Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions. (Ord. 4971 § 14, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.080 NONCONFORMING LANDSCAPING. Uses which were lawfully established which do not conform to landscaping requirements need not provide additional landscaping, except: (a) Expansion of a Structure. If an existing struc- ture or use is expanded, additional landscaping shall be provided in accordance with the requirements of Chap- ter 20.50 BMC. The amount of additional landscaping shall be computed only to the extent of the expansion regardless of whether existing landscaping complies with the requirements. (b) Change of Use. A change to a use that requires greater amounts of landscaping than the former use shall provide landscaping in accordance with the require- ments of Chapter 20.50 BMC. The Director may modify the amount of landscaping required if providing the required landscaping would result in a reduction of the parking below the minimum required by Chapter 20.48 BMC. (c) Parking Lot. When an existing unpaved park- ing area is paved, it shall be landscaped in accordance with the requirements of Chapter 20.50 BMC. The Director may modify the amount of landscaping required if the landscaping would result in a reduction of the parking below the minimum required by Chapter 20.48 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.090 CONDITIONAL NONCONFORMING USES. (a) Unsuitable Structures for Uses. An existing structure constructed for a use no longer allowed by the zone, which has lost its legal nonconforming status, and is not suited for other uses permitted by the zone, may have its use re-established if a conditional use permit is approved pursuant to BMC 20.58.020; provided, that: (1) The applicant demonstrates that the remaining life of the structure is adequate to warrant the proposed use of the structure; (2) The applicant demonstrates that an allowed use of the zone cannot be established; (3) The applicant demonstrates that there is a demand for the use in the community or region that pro- vides a public benefit; and (4) The applicant demonstrates that the use and renovation to the structure is not inconsistent with the goals and policies of the Comprehensive Plan. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.100 NONCONFORMING SIGNS. Refer to Chapter 20.52 BMC for regulations per- taining to nonconforming signs. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.54.110 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 cod- ified in this chapter. The intermittent, temporary, or ille- gal 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 zoning code requirements at the time it was established or constructed and does not comply with the current zoning code is illegal and shall be brought into compliance with the provisions of BMC Title 20, Divi- sion III. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.58-3 (Revised 6/06) Bremerton Municipal Code 20.58.060 (4) Consideration shall be given to WAC 365- 195-600 (Public Participation) in determining if addi- tional notice requirements are necessary. (e) Approval Criteria. The City Council may approve an area-wide rezone if it is found that: (1) It is consistent with the Comprehensive Plan; and (2) It does not conflict with other City, state and federal codes, regulations and ordinances. (f) Comprehensive Plan Consistency. If a Com- prehensive Plan amendment is required in order to sat- isfy subsection (e)(1) of this section, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent and Purpose. The intent of the residential cluster development (RCD) is to accommodate urban densities of the underlying zoning district while allow- ing residential development to utilize less land area. The purpose of the RCD is to preserve open space, allow for innovative design and reduce impacts to sensitive envi- ronmental areas. (b) Applicability. The RCD may be applied to attached and detached single-family residential devel- opments of three (3) or more dwellings. (c) Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (d) Procedures. A RCD may be processed either as an administrative Type II Director decision or as a non- administrative Type III Hearing Examiner decision pur- suant to the provisions set forth in Chapter 20.02 BMC. (1) The Director may require a nonadminis- trative RCD whenever the use has a significant impact beyond the immediate site, is of a neighborhood or com- munity-wide interest, or is of a controversial nature. (2) The Director may convert a Type II administrative RCD to a Type III nonadministrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification require- ments prescribed in BMC 20.02.100, the notice of appli- cation shall be mailed to all property owners within three hundred (300) feet of the property. (e) Scope of Approval. (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifica- tions to the setbacks, height, lot area, building coverage and development coverage may be granted. (2) Approval of a RCD shall constitute a lim- itation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires, in which case the previous zoning standards automatically return. (f) Development Standards. The following stan- dards are applicable to a RCD: (1) Lot Requirements. (i) Density. The minimum and maxi- mum density of the underlying zone shall apply. Within the low density residential (R-10) zone the density shall be determined pursuant to the provisions in BMC 20.60.065, 20.60.066 and 20.60.068. For the purposes of the RCD, unbuildable environmentally sensitive areas as defined in BMC 20.14.280 shall be included in the area for calculating density. A right-of-way assump- tion shall be deducted from the total area of the environ- mentally sensitive area. The assumed right-of-way deduction is a percentage of the total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. (ii) Minimum Lot Size. The minimum lot area is: (A) Three thousand (3,000) square feet within the low density residential (R-10) zone. Reductions to the lot size may be allowed if an environ- mentally sensitive area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in subsection (f)(1)(i) of this section. (B) Zero (0) within other zones. (2) Height. The maximum building height of the underlying zone may be increased, provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards. Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and devel- opment coverage as prescribed in subsection (e)(1) of this section. (4) Perimeter Setbacks. Structures shall com- ply with the setbacks of the underlying zone along the outer perimeter lot lines of the site. (5) Circulation. (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet wide. (ii) Provisions shall be made for a func- tional pedestrian circulation system that assures the safe (Revised 6/06)20.58-4 20.58.080 movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the parking requirements as set forth in Chapter 20.48 BMC. The Director may mod- ify these standards to best meet needs and objectives of the project, provided parking will not spill over into nearby neighborhoods. (6) Screening. All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping mate- rials if their impact cannot be minimized through archi- tectural design or orientation. (7) Open Space. (i) Open Space Designation. The remaining land not developed for a use shall be dedi- cated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmen- tally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development. Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be allowed within an open space tract if the open space contains an environmentally sensitive area and development complies with all other require- ments. (iii) Open Space Plan. An open space plan is required to identify all improvements, environmen- tally sensitive areas, significant trees pursuant to Chap- ter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. (iv) Guarantee. A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title refer- encing the legal instrument, is required. The legal instru- ment may include, but is not limited to, the following guarantees: (A) Retention of the open space per the open space plan prescribed in subsection (f)(7)(iii) of this section; (B) Provision of permanent mainte- nance of the open space and commonly owned facilities; (C) Grants to or reservations for the use of property owners of all open space and commonly owned facilities within the development; (D) Conveyances to property owner associations or corporations. (g) Criteria for Approval. The decision-making authority may grant a RCD only if it is found that: (1) The location, design, and uses are consis- tent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the City’s development codes and other City plans and ordinances; (2) The residential development integrates with its surroundings and is designed to harmonize with existing or proposed development in the neighborhood; (3) The traffic generated by the development can be accommodated safely and within acceptable lev- els of service for affected streets; (4) All development will adequately be served by existing or planned facilities and services; and (5) The development makes adequate and appropriate provision for the preservation of the envi- ronment, both natural and manmade, and the conserva- tion of energy. (h) Lapse of Approval. If not acted upon within two (2) years from the date of the decision, approval of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can show good cause for granting the extension. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.58.080 SITE PLAN REVIEW. (a) Authority. Site plan review is an evaluation of development plans to identify environmental impacts and overall compliance with applicable development regulations including zoning and engineering standards. It is a preliminary review and does not constitute approval to develop the site. (b) Applicability. Site plan review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. (c) Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for site plan review. (d) Procedures. A request for a site plan review is processed as a Type I or Type II Director’s decision pur- suant to Chapter 20.02 BMC. Site plan review may be conducted independently or may be reviewed concur- rently with a site development permit set forth in BMC 20.58.090. When a site development permit is not required, site plan review may be consolidated with the review of a building permit application. 20.60-3 (Revised 6/06) Bremerton Municipal Code 20.60.040 (8) Off-street parking spaces shall be pro- vided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), house- hold items and equipment is prohibited, except a com- mon central storage area may be provided for residents of the park. The storage area shall be screened by a min- imum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the under- lying zone; (10)Ten (10) percent of the site shall be main- tained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recre- ational enjoyment of the residents; (11)Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12)Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13)All water, sewer, electrical, and communi- cation service lines shall be underground. (h) Worship and religious facilities greater than twenty thousand (20,000) square feet, provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, mod- ifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential prop- erties and ensure compatibility with the neighborhood. (j) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii)Bus and other vehicle and equipment maintenance and storage facilities; (viii)Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each addi- tional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses pre- scribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residen- tial properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (Revised 6/06)20.60-4 20.60.060 (6) feet, provided it enhances safety and security around an outdoor play area. (k) Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (l) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Neighborhood businesses, provided: (1) The use is listed as a permitted use in BMC 20.82.020; (2) The use is a preexisting use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its exist- ing footprints. (n) Senior housing complex, provided the condi- tions set forth in BMC 20.46.090 are satisfied. (Ord. 4971 § 15, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the follow- ing standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supercede subsection (a)(2) of this section. (4) Minimum lot width is thirty (30) feet. (5) Maximum building coverage is sixty (60) percent. (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements. (c) Detached Structures. The following standards shall apply to attached garages and detached accessory structures: (1) The maximum garage/carport (attached or detached) area shall be five hundred (500) square feet of gross floor area plus ten (10) percent of gross floor area of the principal residential use, provided: (i) The garage/carport does not exceed one thousand (1,000) square feet; (ii) The square footage of any one (1) garage/carport structure may be increased up to a maxi- mum of two thousand (2,000) square feet of gross floor area if the setback from all property lines is increased an additional five (5) feet over the minimum setback requirement for each additional one hundred (100) square feet of structure area exceeding one thousand (1,000) square feet. (2) In addition to the requirements prescribed in subsection (c)(1) of this section, the maximum area of all accessory structures, including attached and detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010, is fifty (50) percent of the gross floor area of the principal use or five hundred (500) square feet, whichever is greater, subject to maximum lot coverage standards. (3) Maximum height of detached accessory structures (including garages) shall not exceed the height of the principal structure. (4) Setback of detached accessory structures is pursuant to BMC 20.44.060. (d) Garage Door Setbacks. When the garage vehi- cle door entrance faces the street, it shall have a front yard setback of at least twenty (20) feet, except as pro- vided in BMC 20.44.020, Traditional front yard. (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60-5 (Revised 6/06) Bremerton Municipal Code 20.60.065 20.60.065 ALLOWABLE DENSITY AND LOT AREA. The purpose of this section is to establish compati- ble levels of density within existing neighborhoods. The intent is to allow infill residential development at densi- ties equal to or slightly higher than existing residential densities in the vicinity to encourage neighborhood compatible infill over time. The following density and lot area standards are applicable to development within the zone: (a) Minimum Density. The minimum required density is five (5) dwellings per acre. (b) Maximum Density. The maximum allowed density is subject to neighborhood compatibility and the neighborhood average lot area as determined in subsec- tion (f) of this section, and the following corresponding target densities: (c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve (8,712) square feet, with the following exceptions: (1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060; (2) One (1) lot within a proposal for a division of land may exceed eight thousand seven hundred twelve (8,712) square feet, provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712) square foot maximum lot size; and (3) A flag lot that complies with the require- ments in BMC 20.44.100 may exceed the eight thousand seven hundred twelve (8,712) square feet, provided the total area of the flag lot does not exceed thirteen thou- sand sixty-eight (13,068) square feet. (d) Minimum Lot Area. The minimum allowed lot area is subject to neighborhood compatibility and the neighborhood average lot area as determined in subsec- tion (f) of this section, and the following corresponding lot area: (e) Exception to Minimum Lot Areas and Maxi- mum Target Density. (1) The minimum lot area may be modified through the approval of a residential cluster develop- ment pursuant to BMC 20.58.060, provided the devel- opment complies with the target density requirement set forth in subsection (b) of this section. (2) The minimum lot area in a center may be modified pursuant to BMC 20.60.066(c). (3) One (1) remainder lot within a proposal for a division of land may be less than the minimum allowable lot area, provided it is in no smaller than four thousand three hundred (4,300) square feet, and pro- vided the reduction is the minimum necessary to create the other conforming lot(s). (f) Determining Neighborhood Compatibility and Neighborhood Average Lot Area. New development is required to be compatible with the density of the sur- rounding neighborhood. Compatibility is determined by calculating the average lot area of all existing lots within three hundred (300) feet from the outer boundaries of the site subject to the following standards: (1) All lots greater than eight thousand seven hundred twelve (8,712) square feet shall be rounded down to eight thousand seven hundred twelve (8,712) square feet to determine average lot area; (2) The current platted and unplatted tax lot boundaries recorded with the Kitsap County Assessor shall be used to determine average lot area; (3) Flag Lots meeting the requirements in BMC 20.44.100 shall have their lot area divided by one (1) and one-half (1/2) to be used to determine lot area; (4) All lots containing two (2) or more dwell- ing units (not including accessory dwelling units) and all lots containing nonresidential uses shall be rounded down to four thousand three hundred (4,300) square feet to determine average lot area; (5) All lots containing multifamily residential uses with twenty-five (25) or more units shall be consid- ered ten (10) lots with areas of four thousand three hun- dred (4,300) square feet each for the purposes of this calculation. No further bonus is allowed, regardless of the number of units exceeding twenty-five (25). (g) Target Density/Minimum Lot Area Discrep- ancy. Should a discrepancy arise between the number of subdividable lots allowed through the use of the mini- mum allowable lot area and the target density, the min- imum allowable lot area shall be the controlling factor in cases where nine (9) or fewer lots are being created, and the target density shall be the controlling factor in cases where ten (10) or more lots are being created. (Ord. 4971 § 16, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) Neighborhood Average Lot Area: Target Density (Net) (Dwellings Per Acre): (1) Low 7,501 sq. ft. or greater 6 (2) Medium 6,001 to 7,500 sq. ft. 8 (3) High 6,000 sq. ft. or less 10 Neighborhood Average Lot Area: Minimum Lot Area Allowed: (1) Low 7,501 sq. ft. or greater 6,000 sq. ft. (2) Medium 6,001 to 7,500 sq. ft. 5,000 sq. ft. (3) High 6,000 sq. ft. or less 4,300 sq. ft. (Revised 6/06)20.60-6 20.60.066 20.60.066 ALLOWABLE DENSITY AND LOT AREA IN A CENTER. When a property zoned low density residential (R-10) is located within an area designated a neighbor- hood or district center by the Comprehensive Plan, the following density and lot area standards apply: (a) Minimum Density. The minimum required density is five (5) dwellings per acre. (b) Maximum Density. The maximum allowed density is fifteen (15) dwellings per acre. (c) Minimum Lot Area. The minimum allowed lot area is three thousand (3,000) square feet, except as modified by the approval of a residential cluster devel- opment pursuant to BMC 20.58.060. (d) Maximum Lot Area. The maximum lot area is pursuant to BMC 20.60.065(c). (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60.068 ALLOWABLE DENSITY AND LOT AREA IN UNDERUTILIZED URBAN FRINGE AREAS. (a) When a property zoned low density residential meets the criteria for an underutilized urban fringe area per subsection (a)(1) of this section, the density and lot area standards of subsection (b) of this section shall apply. (1) A property shall be classified as underuti- lized urban fringe when the average lot size of all lots within three hundred (300) feet of the site’s outer boundaries is greater than eight thousand seven hundred twelve (8,712) square feet, and the property meets one (1) of the following criteria: (i) The property is outside of the Decem- ber 1, 2005, Bremerton City limits; or (ii) The property is inside of the Decem- ber 1, 2005, Bremerton City limits and is a single project equal to or greater than fifty (50) acres in size. (b) The following density and lot area standards shall apply to lots in underutilized urban fringe areas: (1) Minimum Density. The minimum required density for that portion of the site not contain- ing critical areas is seven (7) dwellings per acre. (2) Maximum Density. The maximum allowed density is ten (10) dwellings per acre. (3) Minimum Lot Area. The minimum lot area is four thousand three hundred (4,300) square feet. (4) Maximum Lot Area. The maximum lot area is six thousand two hundred (6,200) square feet. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60.080 OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.60.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC and the following: (a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural fea- tures of the primary residence. (b) When an established business use is located in the low density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 4971 § 17, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80-1 (Revised 6/06) Bremerton Municipal Code 20.80.060 Chapter 20.80 MASTER DEVELOPMENT (MD) Sections: 20.80.010 INTENT. 20.80.020 APPLICABILITY. 20.80.030 ESTABLISHMENT OF A MASTER DEVELOPMENT ZONE. 20.80.035 MASTER DEVELOPMENT ZONE BASE STANDARDS. 20.80.040 SUBAREA PLAN REQUIRED. 20.80.050 MASTER DEVELOPMENT ZONE PERMITTED USES. 20.80.060 GUIDELINES FOR DEVELOPMENT STANDARDS. 20.80.070 MASTER DEVELOPMENT ZONE APPLICATION. 20.80.080 SUBAREA PLANS. 20.80.010 INTENT. The intent of the master development (MD) zone is to provide large-scale planned development by public entities or through public-private partnerships which provide a clear community benefit. These areas are envisioned for innovative development meeting unique community needs. Sites shall employ subarea planning efforts that address compatibility with surrounding uses and consistency with the Comprehensive Plan. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.020 APPLICABILITY. The provisions of this chapter may be applied to lands located within public sector redevelopment site (PSRS) or employment center (EC) Comprehensive Plan designations. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.030 ESTABLISHMENT OF A MASTER DEVELOPMENT ZONE. A master development zone shall be in effect when the following steps are completed: (a) Subarea planning efforts are completed pursu- ant to BMC 20.80.040; (b) An ordinance is adopted approving a subarea plan identified in BMC 20.80.080 and establishing asso- ciated development standards and regulations for the subject subarea plan district. A text amendment to BMC 20.80.080 should be made to reference the applicable ordinance to the subarea plan district; (c) A site-specific rezone to the master develop- ment classification is approved pursuant to BMC 20.58.040. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.035 MASTER DEVELOPMENT ZONE BASE STANDARDS. If a master development zone has been established on the official zoning map, all requirements of Chapter 20.60 BMC, Low Density Residential (R-10), shall be in effect until the following steps are completed: (a) Subarea planning efforts are completed pursu- ant to BMC 20.80.040; (b) An ordinance is adopted approving the subarea plan identified in BMC 20.80.080 and establishing asso- ciated development standards and regulations for the subject subarea plan district. A text amendment to BMC 20.80.080 shall be made to reference the applicable ordinance to the subarea plan district. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.040 SUBAREA PLAN REQUIRED. (a) Approval of a subarea plan is required prior to approval of a master development zoning district. A subarea plan is an amendment to the Comprehensive Plan and is processed pursuant to Chapter 20.10 BMC. (b) In developing a subarea plan for the purpose of this chapter, the following shall apply: (1) The Director shall determine the number of neighborhood meetings based on the scope of the pro- posal and the community’s interest. (2) The applicant shall be responsible for scheduling and facilitating the neighborhood meetings. City staff should participate in the meetings, taking notes and helping to address the public’s concerns. (3) Notification of the time and location of the meetings shall be posted on the property. The Director shall determine the specifications to the construction and installation of the notice boards. Additionally, if the Director determines it appropriate, mailed notice may be required to be sent to nearby property owners, affected state and local agencies and neighborhood organizations. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.050 MASTER DEVELOPMENT ZONE PERMITTED USES. Specific uses shall be determined through the sub- area planning process. Potential uses may include, but are not limited to, commercial, office, and various resi- dential types. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.060 GUIDELINES FOR DEVELOPMENT STANDARDS. Development standards such as setbacks, lot cover- age, height and density shall be developed through the subarea planning process and implemented through the adoption of the master development zone. The follow- ing guidelines establish the parameters from which development standards are derived: (Revised 6/06)20.80-2 20.80.070 (a) Consistency with the Comprehensive Plan’s community character goals and policies; (b) Provide open space that protects environmen- tally sensitive areas; (c) Development at the edge of the site that is designed with densities and uses which are compatible with nearby neighborhoods and uses; (d) Well-designed streetscapes that incorporate context-sensitive design, including amenities such as street trees, planting strips, sidewalks, sidewalk benches, street lamps and other design features that make the streets more interactive, walkable, and enjoy- able; (e) Parking requirements shall be pursuant to Chapter 20.48 BMC. However, modifications to the off- street parking requirements may be allowed through the approval of a master development zone. If there is a pro- posed reduction of ten (10) percent or more to the num- ber of off-street parking spaces required by Chapter 20.48 BMC, a parking study is required to demonstrate that there is no impact on adjacent properties to the site; (f) Landscaping requirements shall be pursuant to Chapter 20.50 BMC. However, modifications to the landscaping requirements may be allowed through the approval of a master development zone. Landscaping shall incorporate street trees, planter strips and other passive and active green spaces. Significant trees shall be identified on the site plan and may be required to be preserved; (g) Signage is allowed pursuant to the following: (1) Signs for residential uses shall be pursuant to Chapter 20.52 BMC for residential zones; (2) Signs for all other uses shall meet the stan- dards of Chapter 20.52 BMC for commercial zones, except freestanding signs shall be limited to monument- style signs that do not exceed six (6) feet in height and forty-eight (48) square feet in area. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.070 MASTER DEVELOPMENT ZONE APPLICATION. In addition to other application requirements, appli- cations for a subarea plan and a master development zone designation shall include the following informa- tion: (a) Vicinity Map. Showing the subject site in rela- tion to all other properties within a three hundred (300) foot radius; (b) Site Plan. Containing the following informa- tion: (1) General configuration of lots, building areas, number of stories and specific uses to be allowed; (2) Proposed configuration and design of parking areas, streets, sidewalks, and driveways; (3) Proposed walkways, bikeways, open space, recreational areas, and other areas and facilities of a public or recreational nature; (4) Proposed landscaping, buffers, parks, rec- reation areas, open space and similar features; (c) Narrative. A written explanation of the pro- posal with, at a minimum, the following information shall be provided (when appropriate, this information may be shown on the site plan): (1) Major project components including spe- cific area uses to be allowed, residential densities, com- mercial or site and floor areas, public and private rights- of-way, and off-street parking; (2) Design and development standards to be applied to the project, including architectural treatment, maximum heights, setbacks, landscaping, drainage, util- ities, parking, signage, and any others; (3) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; (4) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; (5) Required mitigation measures, develop- ment conditions, and other requirements of project approval. (d) Other Information. The City may request addi- tional information found to be necessary for evaluating the proposal to be included with the application. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.80.080 SUBAREA PLANS. The following are identified areas where subarea plans may be created and unique development regula- tions created for each: (a) Westpark subarea plan; (b) East Park subarea plan (adopted by Ordinance No. 4962); (c) Austin Drive subarea plan; (d) Harrison employment center; (e) Northwest corporate campus employment cen- ter; (f) Port Blakely employment center. A specific subarea plan has been adopted and is in effect when the project name listed above is followed by an ordinance number; this ordinance will contain the unique regulations and standards that guide develop- ment for that project area. (Ord. 4962 § 3, 2006: Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92-1 (Revised 6/06) Bremerton Municipal Code 20.92.060 Chapter 20.92 EMPLOYMENT CENTER (EC) Sections: 20.92.010 INTENT. 20.92.020 OUTRIGHT PERMITTED USES. 20.92.040 CONDITIONAL USES. 20.92.060 DEVELOPMENT STANDARDS. 20.92.070 DESIGN STANDARDS. 20.92.080 PARKING REQUIREMENTS. 20.92.090 LANDSCAPING REQUIREMENTS. 20.92.100 SIGN STANDARDS. 20.92.010 INTENT. The intent of the employment center (EC) zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the center, thereby reducing home-to-workplace commute trips. Employment cen- ters create large numbers of jobs in uses to include office and services. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community use facility; (c) Day care facility, all; (d) General office and business services; (e) Finance, insurance and real estate (no drive- through facilities); (f) General retail (no drive-through facilities); (g) Hotels and lodging places; (h) Medical offices; (i) Outdoor athletic fields; (j) Park playgrounds and open space, and parks; (k) Personal service business; (l) Physical fitness and health clubs; (m) Public administration; (n) Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi-unit structure; (3) Nursing convalescent home; (4) Senior housing complex; (5) Single unit structure, attached or detached; (6) Townhouse; (o) Restaurants and drinking places (no drive- through facilities); (p) Schools and education uses; (q) Transportation facility; (r) Worship and religious facility. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Light industrial/manufacturing, provided: (1) No odor, dust or smoke byproduct will be clearly detectable on any abutting commercial or resi- dential lot; (2) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (3) No unshielded light or glare will be visible during periods of darkness on adjacent commercial or residential lots; (4) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights-of-way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equip- ment and mechanical areas are elements with potential to negatively impact visual character. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the fol- lowing standards: (a) Minimum density for residential uses: fifteen (15) dwelling units/acre; (b) Minimum side yard setback: zero (0), except where abutting the low density residential (R-10) zone, the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (c) Minimum rear yard setback: zero (0), except where abutting the low density residential (R-10) zone, the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (d) Minimum front yard setback requirements: zero (0), except that for residential uses with garages facing a public right-of-way, the garage shall have a set- back five (5) feet greater than that of the principal struc- ture; (e) Maximum building coverage: sixty-five (65) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five (85) per- cent: (1) Projects with two or more stories: ten (10) percent bonus; (2) Projects containing mixed uses: ten (10) percent bonus; (Revised 6/06)20.92-2 20.92.070 (3) Projects incorporating at least fifty (50) percent of required parking underground or within the structure: twenty (20) percent bonus; (f) No maximum development coverage, provided all setbacks and landscaping requirements are met; (g) Maximum Building Height. Eighty (80) feet for residential uses and sixty (60) feet for nonresidential uses. For mixed uses, the building height will be based on the use that predominately (fifty (50) percent or greater) occupies the structure. (Ord. 4971 § 18, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.070 DESIGN STANDARDS. (a) Blank Facades. The horizontal dimension of any structure facing the perimeter of the site along a public right-of-way shall provide one (1) of the follow- ing visual treatments for a width of twenty (20) feet at intervals not to exceed one hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from that of the base material, texture or color; (b) Structures containing general retail uses, res- taurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any facade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five (65) percent of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a can- opy or overhang extending at least five (5) feet over the sidewalk in the entrance area. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a nonresidential use may be reduced by twenty (20) percent if the project is within one thousand three hundred (1,300) feet of designated transit-oriented development; (b) Parking for residential uses shall not exceed two (2) spaces per residential unit; (c) For each twenty (20) parking stalls, a land- scaped area equal to one (1) parking stall shall be pro- vided; and (d) For each twenty (20) parking stalls, one (1) tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements. (a) Where a side or rear lot line of a nonresidential use is adjacent to a residential zone, screening with the following characteristics shall be provided: (1) A solid, view-obscuring wall or fence at least six (6) feet in height; (2) Measures taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. Measures may include any combina- tion of the following: (i) Refined materials or textures such as brick or stone; (ii) A landscaped strip at least five (5) feet in depth. Where a wall is placed within the land- scaped strip, the depth of the wall shall be included in the measurement of the depth of the landscaped strip; (3) A landscaped strip at least five (5) feet in depth. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.92.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 § 8 (Exh. A) (part), 2005) Tables-1 (Revised 6/06) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (Repealed by 4965) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (20.10) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap- ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.01, 3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (Repealed by 4950) 4861 Amends § 21.02.330, off-premises signs (Repealed by 4950) 4862 Street vacation (Special) 4863 Amends Ord. 4839, Fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (3.01, 10.10, 10.11) 4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties; repeals Chapter 7.16, livestock restricted areas (7.12, 7.14) 4867 Amends Chapter 2.05, departments and directors (2.05) 4868 Adds § 2.76.550, credit/purchase card use (Repealed by 4934) 4869 Amends Chapter 3.01, Rate Table A (3.01) 4870 Westpark housing cooperation (Special) 4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (2.74) 4872 Natural gas franchise (Special) 4873 Community renewal plan (Special) 4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use (11.02) 4875 Energy franchise (Special) 4876 Tax levy (Special) 4877 Adds Chapter 2.01, elected official - PERS (2.01) 4878 Amends 2003 budget (Special) 4879 Amends § 3.82.020, commercial parking tax (3.82) 4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and 3.01.095 (3.01) Number Subject (Revised 6/06)Tables-2 4881 Amends § 15.06.015, Appendix A (15.06) 4882 Amends § 3.50.050, utility taxes (3.50) 4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe- cial) 4884 Street vacation (Special) 4885 Property condemnation (Special) 4886 Amends §§ 21.02.070 and 21.02.150, zoning (Repealed by 4950) 4887 Amends § 21.02.152, zoning (Repealed by 4950) 4888 Street vacation (Special) 4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02) 4890 Amends Port Blakely initial development agreement (Special) 4891 Amends § 6.32.010, noise levels (6.32) 4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (11.08) 4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78) 4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13) 4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86) 4896 Street vacation (Special) 4897 Number not used 4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and § 10.11.010, parking enforcement (9.32, 10.11) 4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (Repealed by 4950) 4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser- vices (2.05, 2.09) 4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (Repealed by 4950) 4902 Repeals § 21.02.750 (Repealer) 4903 Repeals and replaces Ch. 18.02, city fire code (18.02) 4904 Repeals and replaces Ch. 17.04, city building code (17.04) 4905 Amends § 9A.48.030, criminal impersonation (9A.48) 4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (3.01, 17.04) 4907 Street vacation (Special) 4908 Amends Ch. 3.01, rates and fees (3.01) 4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen- dix A, municipal utilities (15.01, 15.06) 4910 Amends 2004 budget (Special) 4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18) 4912 Street vacation (Special) 4913 Street vacation (Special) 4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (Repealed by 4965) 4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32, 10.13, 13.04) 4916 2005 tax levy (Special) 4917 2005 comprehensive plan (Special) 4918 Amends § 3.50.050, utility taxes (3.50) 4919 Amends Ch. 3.01, rates and fees (3.01) 4920 LTGO bond/Kitsap regional conference center (Special) 4921 Adopts 2005 budget (Special) 4922 Annexation (Special) 4923 Number not used 4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48) Number Subject Tables-3 (Revised 6/06) 4925 Amends 2004 budget (Special) 4926 KCCHA public development authority (Special) 4927 Amends § 10.13.110, motorized wheeled transportation devices (10.13) 4928 Amends Ch. 2.02, §§ 2.14.010 and 2.14.030, city council and investment committee (2.02, 2.14) 4929 Number not used 4930 Amends § 9A.44.100, pedestrian interference (9A.44) 4931 Adds § 3.08.040, claims fund (3.08) 4932 Adds Chs. 20.40, 20.42, 20.44, 20.46, 20.60, 20.62 and 20.62, zoning (Repealed by 4950) 4933 Cascade natural gas franchise (Special) 4934 Repeals and replaces Ch. 2.76, procurement and disposal code; repeals Ch. 2.79 (2.76) 4935 ULID No. 2002-01 final assessment (Special) 4936 Adds Ch. 2.32 [2.34], Gold Mountain Golf Complex board of directors (2.34) 4937 Adds Chs. 20.66 and 20.70, zoning (Repealed by 4950) 4938 Adds Ch. 20.02, project permits; repeals §§ 21.02.400, 21.02.410, 21.02.420, 21.02.450, 21.02.830(f), 21.02.840, 21.02.845, 21.02.850, 21.02.855, 21.02.865, 21.02.870, 21.02.875, 21.02.885, 21.02.890, 21.02.895, 21.02.935, and Figures 840, 895(a) and 895(b) of the Appendix to Ch. 21.02 (20.02) 4939 Adds Ch. 2.82, naming of parks and public facilities (2.82) 4940 Adds Chs. 2.32 and 3.12, arts commission and one percent for arts fund (2.32, 3.12) 4941 Adds Chs. 20.78, 20.80, 20.82, 20.84, 20.86 and 20.88 (Repealed by 4950) 4942 Amends Title 21 Appendix Figures 130 and 140, zoning (Repealed by 4950) 4943 Amends § 21.02.670, off-street parking space exemptions (Repealed by 4950) 4944 Water and sewer revenue bond (Special) 4945 General obligation bond (Special) 4946 Adds Chs. 20.18, 20.48, 20.50, 20.52, 20.54, 20.58, 20.74, 20.75, 20.76, 20.79, 20.90, 20.92, 20.94, 20.96, 20.97 and 20.98 (Repealed by 4950) 4947 Amends 2005 budget (Special) 4948 Street vacation (Special) 4949 Amends Title 7, animals (7.04, 7.05, 7.08, 7.10, 7.12, 7.14, 7.15, 7.16) 4950 Adds Chs. 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94, 20.96, 20.97 and 20.98, land use; renames Title 20; recodifies Chs. 20.04 as 20.12, 21.04 as 20.16, 21.06 as 20.10, 21.12 as 20.04 and 21.22 as 20.14; repeals and replaces zoning map; repeals Ords. 4194, 4222, 4236, 4285, 4293, 4325, 4546, 4557, 4567, 4591, 4592, 4664, 4680, 4713, 4723, 4768, 4774, §§ 6 – 9 of 4778, 4788, 4795, 4796, §§ 11 – 61 of 4798, 4799, 4804, 4806, 4817, 4821, 4828, 4860, 4861, 4886, 4887, 4899, § 1 of 4906, 4932, 4937, 4941, 4942, 4943 and 4946, the zoning portion of § 1 (20.04, 20.10, 20.12, 20.16, 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94, 20.96, 20.97, 20.98) 4951 Number not used 4952 Amends §§ 7.04.020, 7.15.010 and 13.04.050, dog parks (7.04, 7.15, 13.04) 4953 2006 tax levy (Special) 4954 Amends comprehensive plan (Special) 4955 Amends Ch. 3.01, rates and fees (3.01) 4956 Amends § 15.06.015, Appendix A (15.06) 4957 Recodifies Ch. 2.32 to Ch. 2.34, Gold Mountain Golf Complex board of directors (2.34) 4958 Adds § 18.02.170; amends §§ 15.02.090, 18.02.080; recodifies §§ 18.02.170 to 18.02.180 and 18.02.180 to 18.02.190, automatic sprinkler systems (15.02, 18.02) 4959 Adopts 2006 budget (Special) 4960 Amends 2005 budget (Special) 4961 Amends § 15.06.015, Appendix A (15.06) Number Subject (Revised 6/06)Tables-4 4962 Amends § 20.80.080, subarea plans (20.80) 4963 Amends § 2.16.020, fire chief (2.16) 4964 Repeals and replaces Ch. 1.06; amends Ch. 3.01, Rate Table A, public records (1.06, 3.01) 4965 Amends §§ 17.60.070, 17.60.250, 17.60.300, 17.60.310, 17.60.320, Table 040 of Ch. 20.02; repeals and replaces Ch. 20.14, critical areas (17.60, 20.02, 20.14) 4966 Amends §§ 2.05.010, 2.06.010, 2.06.030, Chs. 2.09 and 2.92; repeals Ch. 2.22, city departments (2.05, 2.06, 2.09, 2.92) 4967 NWCC development agreement termination (Special) 4968 Number not used 4969 Repeals Ch. 2.11, traffic safety commission (Repealer) 4970 Amends §§ 2.13.070, 2.13.080, 2.13.110, 2.13.150 and Ch. 3.01, Rate Table C, administrative hearing examiner (2.13, 3.01) 4971 Amends Table 040 of Ch. 20.02, § 20.10.030, Ch. 20.42, §§ 20.44.060, 20.44.090, 20.46.070, 20.46.080(b)(8), 20.46.120(a), 20.48.260, 20.50.050(l), 20.52.130, 20.54.070(b), 20.60.040(j), 20.60.065, 20.60.100 and 20.92.060(g), zoning (20.02, 20.10, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.60, 20.92)