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HomeMy WebLinkAbout08 bremerton0407_supp8SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 8 – April 2007 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 4998, passed February 7, 2007. Remove these pages Insert these pages Title 2 Table of Contents .................................. Table of Contents 2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2 2.10-1 ....................................................................... 2.10-1 — ............................................................... 2.36-1 – 2.36-2 2.46-1 – 2.46-2 .......................................... 2.46-1 – 2.46-2 2.50-1 – 2.50-2 .......................................... 2.50-1 – 2.50-2 2.50-5 ....................................................................... 2.50-5 2.76-1 – 2.76-5 .......................................... 2.76-1 – 2.76-5 Title 3 Table of Contents .................................. Table of Contents 3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2 3.01-C1 – 3.01-C2 ................................ 3.01-C1 – 3.01-C2 3.01-E1 .................................................................. 3.01-E1 3.01-F1 – 3.01-F11 .............................. 3.01-F1 – 3.01-F12 3.01-G1 ................................................................. 3.01-G1 3.48-3 – 3.48-4 .......................................... 3.48-3 – 3.48-4 3.48-9 – 3.48-14 ................................... 3.48-9 – 3.48-14.1 3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3 — ............................................................... 3.78-1 – 3.78-5 Title 6 6.32-1 – 6.32-2.1 .................................... 6.32-1 – 6.32-2.1 Title 9 9.48-1 – 9.48-2 .......................................... 9.48-1 – 9.48-2 Title 15 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 20 Table of Contents .................................. Table of Contents 20.02-1 – 20.02-4 ............................... 20.02-1 – 20.02-4.1 20.02-7 – 20.02-10 .............................. 20.02-7 – 20.02-10 20.04-7 – 20.04-8 .................................. 20.04-7 – 20.04-8 20.10-1 – 20.10-2 .................................. 20.10-1 – 20.10-2 20.12-1 – 20.12-2 .................................. 20.12-1 – 20.12-7 20.42-1 – 20.42-4 .................................. 20.42-1 – 20.42-4 (Revised 4/07) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 20 (cont.) 20.42-6.1 – 20.42-8 ............................. 20.42-7 – 20.42-8.1 20.42-13 ............................................................... 20.42-13 20.50-1 – 20.50-2 ................................ 20.50-1 – 20.50-2.1 20.52-6.1 – 20.52-8 ................................ 20.52-7 – 20.52-8 20.58-3 – 20.58-4 ................................... 20.58-3 – 20.58-4 20.60-1 – 20.60-6 ................................... 20.60-1 – 20.60-6 20.64-1 – 20.64-2 ................................... 20.64-1 – 20.64-2 20.79-1 – 20.79-2 ................................... 20.79-1 – 20.79-2 20.80-1 – 20.80-2 ................................... 20.80-1 – 20.80-2 20.82-1 – 20.82-2 ................................... 20.82-1 – 20.82-2 20.84-1 – 20.84-2 ................................... 20.84-1 – 20.84-2 Tables 1 – 4 ........................................................................... 1 – 4 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 4/07) (Revised 4/07) 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 2.36 DESIGN REVIEW BOARD 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 4/07) 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.09-1 (Revised 4/07) 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. 2.09.050 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. (a) Divisions. The Department of Financial Ser- vices shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; (2) Office of the City Clerk; (3) Human Resources; (4) Office of Risk Management and Safety; and (5) Bremerton Kitsap Access Television (BKAT). (b) Duties. The Director of Financial Services shall be in charge of the Department of Financial Ser- vices and all divisions established thereunder. 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. The Director of Financial Services is also responsible for the management of the Conference Cen- ter operating fund. (Ord. 4983 §1 (part), 2006: 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, Human Resources Manager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") 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 Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education 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 pro- vided pursuant to an applicable civil service rule or reg- ulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (Ord. 4983 §1 (part), 2006: 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). (Revised 4/07)2.09-2 (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. 4983 §1 (part), 2006: 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. 4983 §1 (part), 2006: 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. (j) Request background checks for all new hires. 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. 4983 §1 (part), 2006: Ord. 4982 §1, 2006: 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. 4983 §1 (part), 2006: 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. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.060) 2.10-1 (Revised 4/07) Chapter 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES Sections: 2.10.010 DEPARTMENT CREATED. 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. 2.10.030 DUTIES. 2.10.010 DEPARTMENT CREATED. There is hereby created the Department of Public Works and Utilities. The department shall be supervised by the Director of Public Works and Utilities 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, Amended, 09/14/2002) 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Director of Public Works and Utilities. The Director of Public Works and Utilities 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. (Ord. 4810, Amended, 09/14/2002) 2.10.030 DUTIES. The Director of Public Works shall provide for the operation, maintenance and administration of engineer- ing, streets and public works, capital projects, facilities, equipment services, and municipal utilities owned or acquired by the City including, but not limited to, the following: (a) Establish and maintain centralized public works and utilities including business operations, cus- tomer service and billing, capital projects management, property management and facilities maintenance. (b) Manage public works and utilities engineering projects, including field surveys, grant applications, financing, drawings and specifications, permitting, inspections, construction project and contract manage- ment and records management. (c) Manage public works field operations includ- ing construction and maintenance of streets, electronic communications equipment, traffic signs and signals and street lighting programs. (d) Manage utility operations including construc- tion and maintenance work on sanitary, storm, and water distribution and collection infrastructure and systems, meter reading, installation and repair services and First Response customer service program. (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, including operation and maintenance of water delivery systems, storage and supply resources. (f) Manage wastewater pretreatment, treatment, sanitary systems maintenance and operations. (g) Manage watershed operations including forest management and wastewater solids programs. (h) Manage all aspects of fleet maintenance and equipment services. (i) Manage the information technology program for the City. The Director of Public Works shall perform such other duties as the City Council or Mayor may direct or as may be required by law. (Ord. 4983 §2, 2006: Ord. 4810, Amended, 09/14/2002) 2.36-1 (Revised 4/07) Chapter 2.36 DESIGN REVIEW BOARD* Sections: 2.36.010 PURPOSE OF BOARD. 2.36.020 DEFINITIONS. 2.36.030 BOARD ESTABLISHED. 2.36.040 MEETINGS. 2.36.050 POWERS AND DUTIES. 2.36.060 DIRECTOR’S DECISION. 2.36.070 CONFLICT OF INTEREST. 2.36.080 ADMINISTRATIVE SUPPORT. 2.36.090 RULES AND PROCEDURES. * Code reviser’s note: Section 4 of Ordinance 4981 provides, "The provisions set forth in Chapter 2.36 BMC adopted herein shall be implemented upon the appointment and confirmation of a quorum of the Design Review Board." 2.36.010 PURPOSE OF BOARD. The purpose of the Design Review Board is to review development applications in areas having adopted design guidelines. The Design Review Board will review applications and make recommendations to the Director of Community Development regarding design criteria for incorporation into the development consistent with the adopted design guidelines. (Ord. 4981 §1 (part), 2006) 2.36.020 DEFINITIONS. (a) "Board" means the Design Review Board. (b) "Director" means the Director of Community Development, or designee. (c) "Design guidelines" means the document enti- tled "Highland Avenue/Pleasant Avenue Design Guide- lines" dated June 7, 2006, adopted by Resolution 2994, and other similar design guidelines adopted by City Council resolution or ordinance. (Ord. 4981 §1 (part), 2006) 2.36.030 BOARD ESTABLISHED. (a) Membership. The Board shall consist of five (5) appointed members. In addition, the Director shall sit on the Board as a nonvoting member for purposes of advising the Board on regulatory and urban design issues. It is preferred that members of the Board be knowledgeable in matters of design and aesthetic judge- ment by virtue of training, education, and/or experience. They shall possess qualities of impartiality and broad judgement, and an ability to review two (2) dimensional plans. Desired qualifications for Board members include an expertise in the fields of architecture, land- scape architecture, urban design/planning, structural engineering, graphic, industrial and interior design, or similar disciplines. Appointees must be residents of the City for one (1) year prior to appointment. (b) Appointment. Appointment to the Board shall be made by the Mayor subject to confirmation by the City Council. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with two (2) year terms and three (3) members with four (4) year terms. (c) Compensation. Board members shall serve without compensation. (d) Removal. When a member misses three (3) consecutive meetings not excused by the Board, the position may be declared vacant by a majority vote of the Board. (e) Chairperson. The Board shall, each year, elect its own Chairperson and create and fill such other offices as it may determine it requires. (Ord. 4981 §1 (part), 2006) 2.36.040 MEETINGS. The Board shall meet at such times deemed neces- sary for conducting business. 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. Meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. No special notice of the meetings need be given nor shall such meetings be public hear- ings although nothing shall prohibit the Board from soliciting explanations and additional input from citi- zens, the applicant or applicant’s representatives and such other sources as the Board deems necessary to enable them to complete their review of the application. (Ord. 4981 §1 (part), 2006) 2.36.050 POWERS AND DUTIES. The Design Review Board shall review all applica- tions for building permits in areas having adopted design guidelines. The Board will review the applica- tion and make a recommendation to the Director. The Board is not delegated any executive or legislative power, authority or responsibility and is not acting on behalf of the City Council or the Mayor but rather serves in an advisory capacity and makes recommendations to the Director. The Board and its members are to be free from undo influence by individual City Council mem- bers, Planning Commission members, City officials or other persons. (Ord. 4981 §1 (part), 2006) 2.36.060 DIRECTOR’S DECISION. The Board’s recommendation shall hold substantial weight in the decision by the Director; however, the Director has the authority to accept, reject or modify the Board’s recommendation or to request clarification by (Revised 4/07)2.36-2 the Board of its recommendation. Any deviation from the recommendation shall be documented in the find- ings and conclusions. The Director’s decision shall be incorporated into the decision on the permit application. (Ord. 4981 §1 (part), 2006) 2.36.070 CONFLICT OF INTEREST. A member of the Board shall not participate in review of a project for which he or she has a conflict of interest in accordance with the City code. (Ord. 4981 §1 (part), 2006) 2.36.080 ADMINISTRATIVE SUPPORT. The Department of Community Development shall provide administrative support for the Board. (Ord. 4981 §1 (part), 2006) 2.36.090 RULES AND PROCEDURES. The Board may adopt rules and procedures it deems necessary for the conducting of business. Provision shall be made for a record of proceedings (minutes), reports, studies, findings, conclusions and recommenda- tions. (Ord. 4981 §1 (part), 2006) 2.46-1 (Revised 4/07) Chapter 2.46 EMPLOYEE AWARD PROGRAM Sections: 2.46.010 ESTABLISHMENT AND INTENT. 2.46.020 DEFINITIONS. 2.46.030 SUGGESTION AWARD. 2.46.040 SUGGESTION AWARD BOARD - ANNUAL REPORT. 2.46.060 CRITERIA FOR SUBMISSION OF SUGGESTIONS. 2.46.070 PROCEDURE FOR MAKING AND CONSIDERING SUGGESTIONS. 2.46.080 CERTIFICATES OF MERIT. 2.46.090 CASH AWARDS - AMOUNT. 2.46.100 EMPLOYEE RECOGNITION - AWARDS. 2.46.010 ESTABLISHMENT AND INTENT. There is established an employee award program in order to recognize suggestions and exemplary service from City employees which benefits the City in provid- ing services to the citizens. (Ord. 4593, Amended, 6/11/97; Ord. 4071 §1, 1986) 2.46.020 DEFINITIONS. As used in this chapter, unless the context requires otherwise: (a) "Board" means the Employee Suggestion Awards Board. (b) "Program" means the suggestion program developed under this chapter. (c) "Employee" means any person employed by the City and occupying an authorized budget position but not including elected officials of the City. (d) "Eligible suggestions" means suggestions which fulfill the criteria for submission and have been submitted in conformance with procedures for submis- sion established in this chapter. (e) "Days" means the normal office hours and days that City Hall is open. (Ord. 4593, Amended, 6/11/97; Ord. 4071 §2, 1986) 2.46.030 SUGGESTION AWARD. (a) There is created a Suggestion Award Board composed of seven (7) members, as follows: the Human Resources Manager, one (1) department head, one (1) management and professional employee, one (1) com- missioned police officer, one (1) commissioned fire fighter, and two (2) general employees. The administra- tion of the program is vested in this Board. (b) The Board shall elect annually a Chairperson from among its members. The Board shall meet in reg- ular session at least once each quarter. Additional meet- ings may be called by the Chairperson. (c) A majority of the members of the Board shall constitute a quorum for the transaction of all business; provided, however, a majority vote of the members of the Board shall be necessary in order to adopt any motion or resolution with reference to the making of awards. The Chairperson shall keep minutes of Board meetings and other such records as the Board may deem necessary for its proper function. (Ord. 4593, Amended, 6/11/97; Ord. 4071 §3(1 - 2), 1986) 2.46.040 SUGGESTION AWARD BOARD - ANNUAL REPORT. The Board shall prepare an annual report covering the preceding calendar year. This report shall be submit- ted to both the City Council and the Mayor, and shall include: (a) Information concerning suggestions approved for awards; (b) Total amounts and type of awards; (c) Administrative costs of the program; (d) Measurable savings to the City; and (e) Other information and statistical data deemed pertinent by the Board. (Ord. 4593, Amended, 6/11/97; Ord. 4071 §3(3), 1986) 2.46.060 CRITERIA FOR SUBMISSION OF SUGGESTIONS. Participation in the program shall be limited to those employees who submit a suggestion in accordance with the following regulations: (a) To be eligible for a money or a paid leave award, a suggestion must make possible an extension of public service commensurate with the expense involved or an elimination or reduction of City expenditures with- out substantially impairing such service, or provide a desirable safety factor. (b) Employees shall not be eligible for an award for suggestions pertaining to subjects in which the sug- gestor, either directly or indirectly, has a proprietary interest. (c) If duplicate suggestions are submitted, only the first received by the Board shall be eligible for an award. (Ord. 4593, Amended, 6/11/97; Ord. 4071 §4, 1986) 2.46.070 PROCEDURE FOR MAKING AND CONSIDERING SUGGESTIONS. The following procedure for making and consider- ation of suggestions is established: (a) Suggestions may be submitted directly to a Board member, to the individual employee’s depart- ment head for transferal to the Board or by any other (Revised 4/07)2.46-2 method established by the Board pursuant to this chap- ter. (b) Suggestions shall be submitted in a legible form and shall include: (1) A specific statement of what is suggested and how it can be accomplished; (2) A brief statement describing the present methods, practices or problem; and (3) A statement of the potential of the savings, improved services or benefits which will occur from the adoption of the suggestion. (c) Suggestions must be signed and each suggestor shall execute the following agreement: "In consideration of my participation in the Sugges- tion Award Program, I hereby agree that the use by the City of Bremerton of my suggestion concerning ... shall not be the basis of a claim of any nature against the City of Bremerton by me, my heirs, executor or assigns." (d) The Board shall record and acknowledge receipt of eligible suggestions, shall advise the sug- gestors of any undue delay in the consideration thereof, and shall notify the suggestor of action taken as soon as final consideration has been made. (e) Eligible suggestions may be referred for con- sideration to the departments affected, which shall, within twenty (20) days thereafter, report its findings and recommendations to the Board. The departmental report shall indicate whether or not a suggestion has been adopted and the actual or estimated reduction of expenditures or the value thereof to the City. (f) The Board shall evaluate each eligible sugges- tion, taking into consideration departmental action and the intent of the program; and it shall formulate and transmit to the Mayor an official recommendation cov- ering the justifications of each suggestion that merits an award and the type and amount thereof. A suggestion which has been put into effect by the City department concerned must be submitted to the Board for award consideration. (g) The Mayor, upon approval of a recommenda- tion of the Board, may authorize a money award, a paid leave award or an appropriate commendation. (h) A suggestor may file a written request to the Mayor for reconsideration of an adopted suggestion which had been rejected by the Board. Rejected sugges- tions subsequently adopted may be resubmitted to the Board in the regular manner. (i) The City Council may request, through the Audit Committee, a cost benefit analysis of the program. (Ord. 4593, Amended, 06/11/1997; Ord. 4071 §5, 1986) 2.46.080 CERTIFICATES OF MERIT. The Board may issue certificates of merit in such form and manner as they determine. Such certificates may be in addition to or in lieu of other awards. (Ord. 4593, Amended, 06/11/1997; Ord. 4071 §6, 1986) 2.46.090 CASH AWARDS - AMOUNT. No cash award shall be for less than one hundred dollars ($100.00) or for more than the maximum amount of two thousand dollars ($2,000) or equivalent paid leave. The Board shall consult with the employee and department head in awarding cash and/or paid leave. The award shall be calculated as follows: (a) Awards for suggestions which will result in demonstrable savings of money shall be approximately ten (10) percent of the estimated value to the City of the suggestion during the first year following its adoption, as determined by the Board. (b) Suggestions which will result in noncost sav- ings improvements, such as benefits in safety, health and welfare, insofar as possible, will be commensurate with the benefits anticipated from the suggestion. (Ord. 4593, Amended, 06/11/1997; Ord. 4071 §7, 1986) 2.46.100 EMPLOYEE RECOGNITION - AWARDS. (a) The Mayor, or assigns, shall have the authority to recognize and award employees, either individually or as a class, for accomplishments including outstanding achievements, performance, longevity, outstanding public service, or service. Recognition awards may not exceed seventy-five dollars ($75.00) in value per employee. Such awards may include, but not be limited to, cash or such items as pen and desk sets, plaques, pins, framed certificates, clocks, calculators, flowers, candy and gift certificates. (b) The following standards are established for making the award: (1) Department directors may submit a rec- ommendation to the Mayor for recognition and an award together with the basis for the recommendation. (2) The Mayor will consider and evaluate the recommendation and approve the award at his/her dis- cretion. (Ord. 4995 §1, 2007: Ord. 4593, Added, 06/11/1997) 2.50-1 (Revised 4/07) Chapter 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM Sections: 2.50.010 POLICY STATEMENT. 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. 2.50.030 SALARY PLAN. 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. 2.50.032 ACTUAL SALARY RATE. 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. 2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS. 2.50.060 RETIREMENT BENEFITS. 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. 2.50.080 WORKERS’ COMPENSATION. 2.50.090 SEVERANCE PAY. 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to pro- vide a management and professional compensation pro- gram which enables the City to employ staff who possess the necessary skills and abilities to effectively: (1) Manage the delivery of existing City ser- vices and the provision of essential municipal govern- ment support functions; (2) Evaluate and plan future service needs; (3) Advise and support the policy-making activities of the City’s elected officials; and (4) Implement policy changes enacted by the elected representatives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that: (1) The actual duties assigned to a classifica- tion are appropriate to the assigned level of responsibil- ity; (2) Compensation levels are consistent with the level of responsibilities assumed by staff and appro- priate to the City’s financial circumstances; (3) Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremer- ton. (c) The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 4305 §1 (in part), 1991). 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. (a) Applicability. The provisions of the program adopted by this chapter shall only apply to salaried man- agement and professional appointive positions desig- nated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. (b) Exclusion from Representation. All classifica- tions and all positions within classifications covered by this program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the pur- pose of collective bargaining under the State of Wash- ington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW shall be included in this program. (c) Noncoverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for noncoverage or exemption from the Fair Labor Standards Act shall be included in this program. (Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991) 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be structured and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. A salary survey for each position shall be conducted every five (5) years or as otherwise appropriate to ensure correct assignment to salary bands. The survey shall be con- ducted in conformance with a plan which shall be pre- sented to the City Council prior to implementation and which shall specify: (1) the municipal governments to (Revised 4/07)2.50-2 be included in the survey; (2) the criteria used to select the municipalities for inclusion; (3) identification of the procedures to be used; and (4) personnel assigned to conduct the survey. (1) Band Differential. The percentage differ- ential between the maximum rates of salary bands shall be approximately five (5) percent. (2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993) 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993) 2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have his or her actual salary rate set as follows: (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may autho- rize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) In-Range Rate Adjustment. Each person hired on or after January 1, 1993, shall be eligible for a salary rate advancement upon completion of twelve (12) full months at each rate in the salary band. Each person employed in a position in the plan on January 1, 1993, shall be eligible for a salary rate advancement on Janu- ary 1st of each calendar year. To receive an in-range rate adjustment, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work perfor- mance evaluation. Those employees who receive a rat- ing that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional adjustment. The adjustment, if in excess of one (1) rate, shall be determined by recommendation of the depart- ment head and Mayor, with the approval of the City Council. A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recom- mendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Rate at Upgrading or Downgrading. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. In the event an employee is moved from one (1) classification to another classification which is at a higher salary band or, if an employee’s classification is moved from one (1) band to a higher band, the employee’s salary rate at the higher band shall be set at the next step which is higher than the salary he or she was receiving at the former band. Time the employee had served at the former step shall be used in determining the time required to advance to the next step of the new band. (Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract approved by the City Council. (Ord. 4551, Added, 05/23/1996) 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which are at 2.50-5 (Revised 4/07) with Federal FICA Laws and State Retirement Laws. (Ord. 4305 §1 (in part), 1991) 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I and II State Retirement Sys- tems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the represented employees employed in his or her department who are included in that particular system. A manager or staff member who can provide documentation of alternative medical insur- ance coverage may elect to receive one hundred fifty dollars ($150.00) per month in lieu of enrolling in a medical plan offered by the City. Effective January 1, 2007, the City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities. (b) Effective January 1, 2007, the City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991) 2.50.080 WORKERS’ COMPENSATION. Each manager and staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary he or she would have received for full-time active service, taking into account that workers’ com- pensation payments are not subject to federal or social security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 4305 §1 (in part), 1991) 2.50.090 SEVERANCE PAY. Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a manager or professional staff member may be separated from employment without cause ("at will") from a position included in this program upon receiving thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A person so sep- arated shall not have the right to displace any other per- son employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as fol- lows: (a) Through two (2) full years of employment: two (2) months’ severance pay. (b) Through five (5) full years of employment: two and one-half (2.5) months’ severance pay. (c) Over five (5) years of employment: three (3) months’ severance pay. (Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991) 2.76-1 (Revised 4/07) Chapter 2.76 PROCUREMENT AND DISPOSAL CODE Sections: 2.76.010 PURPOSE. 2.76.020 APPLICABILITY. 2.76.030 DEFINITIONS. 2.76.040 REQUESTS FOR BIDS AND BID LISTS. 2.76.050 REQUESTS FOR PROPOSALS. 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. 2.76.080 DETERMINING COST OF CONTRACT. 2.76.090 SOLE SOURCE PURCHASES. 2.76.100 CONTRACT APPROVAL REQUIRED. 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. 2.76.130 EMERGENCIES. 2.76.140 CREDIT/PURCHASE CARD USE. 2.76.150 PERSONAL PROPERTY DISPOSAL. 2.76.160 POLICIES AND PROCEDURES. 2.76.010 PURPOSE. It is the purpose of this chapter to provide guide- lines for the purchase of goods and services by the City in order to maintain an efficient and accountable pur- chasing process. It is also the purpose of this chapter to allow for the flexible application of these guidelines for more efficient and cost-effective purchases where their strict application would not be in the City’s best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a partic- ular supplier would be more appropriate due to a spe- cialized need of the City. (Ord. 4975 §1, 2006: Ord. 4934 §3 (part), 2005) 2.76.020 APPLICABILITY. Any contract, written or oral, for the purchase of materials, supplies, equipment or services or the lease or rental of equipment shall be subject to the provisions of this chapter; provided, that except for the requirements set forth in BMC 2.76.100 and 2.76.110 relating to authorization by the Mayor and City Council, the limi- tations contained in this policy do not apply to: (a) Public works or improvement contracts which shall be entered into pursuant to RCW 35.22.620 as cur- rently enacted and as hereinafter amended. (b) Contracts for architectural and engineering ser- vices governed pursuant to Chapter 39.80 RCW as cur- rently enacted and as hereinafter amended. (c) Purchases of materials at auctions conducted by the United States Government or any agency thereof, or by the State of Washington and any of its political subdivisions. (Ord. 4934 §3 (part), 2005) 2.76.030 DEFINITIONS. For the purposes of this chapter, the following def- initions will apply: (a) "Best bid" shall mean a bid that is the best value to and in the best interests of the City when con- sidering items such as price, available discounts, the product or service purchased including any alterations or modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other fac- tors relevant to the purchase. Best bid does not necessar- ily mean lowest price. (b) "Bid" shall mean an offer or quotation to pro- vide goods and/or services at a specified price. (c) "Contract" or "contract for purchase" shall mean a purchase from a wholesaler, retailer or dealer, or other similar transaction for the purchase of goods and services. (d) "Director" shall mean the director of the department for which the contract for purchase is made, authorized purchasing agent, or his or her designee. (e) "Director of Financial Services" shall mean Director of the Department of Financial Services, or his or her designee. (f) "Emergency" shall mean any situation where the public health, safety and welfare are endangered. (g) "Purchase of goods and services" shall mean a contract to supply materials, supplies, equipment, the lease or rental of equipment, and/or the performance of work or labor. (h) "Written bid" or "written request for bid" shall include e-mail and facsimile transmittals. (Ord. 4934 §3 (part), 2005) 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the pro- posed purchase. Bids received in response to such requests for bids shall be documented and submitted, along with any other relevant material, to the approving authority as set forth in BMC 2.76.100. Bids for pur- chases shall be obtained as follows: (Revised 4/07)2.76-2 (a) Purchases of Ten Thousand Dollars ($10,000) or Less. Any contract for which the estimated cost to purchase goods or services is ten thousand dollars ($10,000) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Direc- tor. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotia- tions. (b) Purchases over Ten Thousand Dollars ($10,000) but Not Exceeding Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a contract to purchase goods or services, other than pro- fessional and consulting services, will be over ten thou- sand dollars ($10,000) but not exceeding twenty-five thousand dollars ($25,000), the Director may contract as follows: (1) Telephone and/or Written Bids. Solicit, obtain and document telephone and/or written compara- ble bids for each purchase from at least three (3) sources. If less than three (3) vendors are available for bids after reasonable attempts, then such shall be docu- mented and bids may be obtained from the available sources; (2) Bid Lists. For regularly made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase; (3) Written Request for Bids. Request in writ- ing, and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bids should be in writing and contain appropriate specifica- tions and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reason- able attempts, then such shall be documented and bids may be obtained from the available sources; or (4) Advertised Request for Bids. Publish notice calling for bids in a newspaper of general circula- tion most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the City Clerk or other designated office of the City within the time specified therein. (c) Purchases over Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a con- tract to purchase goods or services, other than profes- sional and consulting services, will be over twenty-five thousand dollars ($25,000), the Director may contract for purchase as follows: (1) Written request for bids pursuant to sub- section (b)(3) of this section; or (2) Advertised request for bids pursuant to subsection (b)(4) of this section. (d) Award of Contract on Best Bid. Subject to the authorization requirements set forth in BMC 2.76.100, the Director may: (1) Award a contract for purchase to the best bid as defined in BMC 2.76.030(a) in response to a solicitation or request for bid pursuant to this section; (2) Reject any and all bids; and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall be documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet, etc.). (e) Local Preference Purchase for Goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a sup- plier having an office or facility located in Kitsap County and licensed to do and doing business in the County. (f) Contracts with Other Public Entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agree- ment with another public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equip- ment. (Ord. 4975 §2, 2006: Ord. 4934 §3 (part), 2005) 2.76.050 REQUESTS FOR PROPOSALS. In lieu of the requirements for requests for bids pur- suant to BMC 2.76.040, requests for proposals may be utilized when deemed appropriate under such terms and conditions determined suitable to meet the needs and requirements of the particular purchase. (Ord. 4934 §3 (part), 2005) 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. This section shall apply to professional and/or tech- nical service consultant contracts in which the City enters into an agreement to purchase consultant services for City government from a corporation, firm, agency, individual, or group of individuals based on their recog- nized experience and knowledge within a specialized area of expertise. Contracts for professional and consult- ant services are not required to follow the purchasing requirements set forth in BMC 2.76.040, but may be 2.76-3 (Revised 4/07) entered into through direct negotiations. (Ord. 4934 §3 (part), 2005) 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. In lieu of requesting bids for each purchase or main- taining bid lists, the City may solicit bids or proposals for a supply contract for a specific term or issue a blan- ket purchase order for the supply of goods, materials, supplies, equipment or services on an as-needed basis in those instances where the specific service or product in a product line or volume of units is undetermined, such as the City’s needs and use of office supplies. (Ord. 4934 §3 (part), 2005) 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. Bid splitting includes the inappropriate division of a pur- chase into separate units for purchase and/or over a period of time merely for the purpose of avoiding the required approval processes. Bid splitting does not include the purchase of goods or services by different City departments or offices for unrelated projects or pur- poses. (Ord. 4975 §3, 2006: Ord. 4934 §3 (part), 2005) 2.76.090 SOLE SOURCE PURCHASES. The requirements set forth in BMC 2.76.040 for requests for bids may be waived by a written determina- tion by the Director that either the materials, supplies, equipment or services are clearly and legitimately lim- ited to a single source of supply, or that the materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would otherwise not be practicable or in the City’s best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation. The written determination shall also recite why this situation exists. (Ord. 4934 §3 (part), 2005) 2.76.100 CONTRACT APPROVAL REQUIRED. (a) Mayor/Director Approval. Any contract which is twenty-five thousand dollars ($25,000) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the Mayor or Director or his or her designee to become effective and binding upon the City. (b) Council Approval. Any contract which is over twenty-five thousand dollars ($25,000) intended for the purchase, lease or rental of supplies, material, equip- ment or services must be approved by the City Council to become effective and binding upon the City. (c) Prior Council Consideration. When the Coun- cil has specifically considered and approved by formal action a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of cer- tain programs, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute Council authorization for the purpose of this section. (Ord. 4934 §3 (part), 2005) 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. (a) Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase of the contract award amount (CAA) as follows: (b) The value of all change orders will be aggre- gated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by the City Council, except in the following instances: (1) On service contracts used to accomplish an ongoing City program as opposed to completing a short-term project or purchase, change order rules, Contract Award Amount Percentage Increase in CAA (the Greater Of) Limits Less than $100,000 30% or minimum Min. $0 Max. $30,000 $100,000 to $500,000 20% or minimum Min. $30,000 Max. $100,000 Greater than $500,000 10% or minimum Min. $100,000 Max. $200,000 (Revised 4/07)2.76-4 including the aggregate rule, shall be applied on an annual basis. (2) Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection (a)(4) of this section for specific contracts. (c) A work change directive may be used to: (1) Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection (a) of this section for specific contracts. Work change direc- tives that affect the contract price shall be incorporated into a change order. (2) Authorize and direct work that will result in an increase in contract price in excess of the adminis- trative authority of the Mayor as provided in subsection (a) of this section: (i) Where unforeseen conditions necessi- tate an immediate change to avoid a contractor’s claim against the City for delays; or (ii) Due to an emergency as defined in BMC 2.76.030(f). In such circumstances, the work change direc- tive shall be incorporated into a change order and pre- sented to the City Council at its next regularly scheduled public meeting, subject to scheduling. (Ord. 4934 §3 (part), 2005) 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. Nothing in this chapter shall prohibit the City from preferentially purchasing products made from recycled materials or products that may be recycled or reused. (Ord. 4934 §3 (part), 2005) 2.76.130 EMERGENCIES. When any emergency requires the immediate exe- cution of any contract to purchase, lease or rent as described in this chapter, upon the finding of the exist- ence of such an emergency, the Mayor shall have the power to make and enter into such contract without strict compliance with the purchasing requirements set forth in this chapter. The designated department director shall issue a written basis for the emergency determina- tion accompanied by a description and/or specification and cost estimate of the contract at the time of or as soon as practicable after the commencement of the purchase. (Ord. 4934 §3 (part), 2005) 2.76.140 CREDIT/PURCHASE CARD USE. (a) The Director of Financial Services shall imple- ment and maintain the following system for the distribu- tion, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distrib- uted to those City officials and employees who, in the opinion of the Director of Financial Services, have job responsibilities that would benefit or otherwise be facil- itated by use of credit/purchase cards. (2) Authorization and Control. The Director of Financial Services shall develop specific administra- tive guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3) Application. The individual holder, upon prior approval of the Director of Financial Services, shall use each credit/purchase card in a responsible man- ner. (4) Credit Limits. The Director of Financial Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000) for any indi- vidual credit/purchase card account without pre- approval of the Director of Financial Services. (5) Credit Card Restriction. The following will be considered an unauthorized transaction, pur- chase or use of any City credit/purchase card: (i) Cash advances; (ii) Payment of invoices or statements; (iii) Purchases where an open charge account would be utilized; (iv) Personal purchases of any kind; and/or (v) Obtaining cash refunds for goods pur- chased with a City credit/purchase card. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally lia- ble where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. The employee shall not use the credit/purchase card if any disallowed charges are out- standing. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. 2.76-5 (Revised 4/07) (b) The Mayor and/or Director of Financial Ser- vices are authorized to implement any additional poli- cies or administrative procedures necessary to implement the provisions of this section. (Ord. 4934 §3 (part), 2005) 2.76.150 PERSONAL PROPERTY DISPOSAL. (a) Surplus Personal Property of Twenty-Five Thousand Dollars ($25,000) or Less in Value. Approval of the City Council is not required for the sale or dispo- sition of any City-owned surplus personal property with an estimated value of twenty-five thousand dollars ($25,000) or less. When such personal property has been certified for disposition by a Director, sale or disposition shall be made by the Director in accordance with meth- ods described in subsection (c) of this section. Items having a nominal value may be disposed of in any rea- sonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Section 501(c)(3). (b) Surplus Personal Property over Twenty-Five Thousand Dollars ($25,000) in Value. Disposition of surplus personal property with an estimated value over twenty-five thousand dollars ($25,000) must be approved by the City Council. The City Council may: (1) Approve the disposition; (2) Approve the disposition with conditions; or (3) Disapprove the proposed disposition, whereupon it shall give the Director directions for fur- ther action. (c) Methods of Disposition. Permissible methods of disposition of surplus personal property include, but are not limited to: (1) Public auction; (2) Solicitation of bids; (3) Negotiated sale for approximate fair mar- ket value; or (4) Transfer to another agency of government pursuant to subsection (d)(4) of this section. (d) Statutory Conditions/Exceptions. Certain pro- visions of the Revised Code of Washington impose spe- cial conditions or procedures for the disposition of municipal personal property. When required, the Direc- tor shall comply with those laws, and when authorized the Director may utilize said laws, treating them as lim- ited exceptions to the extent inconsistent with the requirements of this chapter. These laws include, but are not limited to, the following as currently enacted and hereinafter amended: (1) Chapter 35.94 RCW - Sale or Lease of Municipal Utilities; (2) Chapter 63.32 RCW - Unclaimed Property in Hands of City Police; (3) RCW 35.21.088 - Equipment rental fund; (4) Chapter 39.33 RCW - Intergovernmental Disposition of Property; (5) Chapter 39.34 RCW - Interlocal Coopera- tion Act; (6) Chapter 63.21 RCW - Lost and Found Property; (7) RCW 35.21.730 through 35.21.755 - Transfers to public corporations; and (8) RCW 46.55.230 and 46.55.240 - Disposi- tion of junk vehicles. (Ord. 4934 §3 (part), 2005) 2.76.160 POLICIES AND PROCEDURES. The Mayor is authorized to establish and implement policies and procedures deemed appropriate for the administration of this chapter. These policies and proce- dures shall be set forth in City Policy No. 1-20-03. (Ord. 4975 §4, 2006) (Revised 4/07) Title 3 REVENUE AND FINANCE Chapters: 3.01 RATES AND FEES 3.02 BUDGET STRUCTURE AND POLICY 3.04 LOCAL IMPROVEMENT GUARANTY FUND 3.06 PUBLIC ACCESS TELEVISION FUND 3.08 CLAIMS FUND 3.12 ONE PERCENT FOR ARTS FUND 3.24 ARTERIAL STREET FUND 3.25 PARK DEVELOPMENT FUND 3.26 GIFT AND DONATION FUND 3.28 ADMINISTRATIVE TRUST FUND 3.30 RISK MANAGEMENT FUND 3.36 CONTINGENCY RESERVE FUND 3.40 CURRENT WATER FUND 3.42 STORMWATER OPERATING FUND 3.44 ADMISSIONS TAX 3.46 SALES OR USE TAX 3.48 BUSINESS AND OCCUPATION TAXES 3.50 UTILITY TAXES 3.52 MOTOR VEHICLE EXCISE TAX 3.56 FISCAL AND CREMATION AGENT 3.64 CIVIC IMPROVEMENT FUND 3.65 REPAIR AND DEMOLITION FUND 3.68 EQUIPMENT RENTAL RESERVE FUND 3.72 GAMBLING TAX 3.74 AMUSEMENT DEVICES 3.76 MOTOR VEHICLE INTOXICATION FUND 3.78 MULTIFAMILY PROPERTY TAX EXEMPTION 3.80 LEASEHOLD EXCISE TAX 3.82 COMMERCIAL PARKING TAX 3.84 EXCISE TAX ON REAL ESTATE SALES 3.86 ADMINISTRATIVE PROVISIONS FOR TAXES 3.88 WASTEWATER OPERATING FUND 3.96 DEFERRED COMPENSATION FUND 3.99 PENDERGAST REGIONAL PARK CONSTRUCTION FUND 3.01-1 (Revised 4/07) 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 BMC, 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, Reaf- firmed, 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 Ordinance Comprehensive Plan Site Plan Review Site Development Permit Miscellaneous Fees (Ord. 4980 §3 (Exh. B), 2006; Ord. 4970 §5, 2006; Ord. 4968 §2 (Exh. A), 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 (Revised 4/07)3.01-2 Fire Rescue Boat Response Hazard Materials Response Stand-By Time Active Firefighting False Alarm Fee Sprinkler/Fire Alarm Plans Fire Watch (Ord. 4989 §1 (part) (Exh. A), 2006; 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 - Room Rental Rates Bremerton Senior Citizens Center - Room Rental Rates Jarstad Aquatic Center Park Shelters - Reservation Fees Park Reservation Fees Special Events, Celebrations, Weddings Athletic Field - Reservations Blueberry Park - Pea Patch Annual Rate 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. 4989 §1 (part) (Exh. A), 2006; 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. 4989 §1 (part) (Exh. A), 2006; 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 (120) percent 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-C1 (Revised 4/07) COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees RATE C. DEPARTMENT OF COMMUNITY DEVELOPMENT 1. SUBDIVISIONS Preliminary Short $1,000.00 + $150.00 per lot Preliminary Formal Plat/Binding Site Plan $2,500.00 + $150.00/lot (1 - 100 lots); $100.00/lot (101 - 200 lots); $75.00/lot (201+ lots) Final $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 (Revised 4/07)3.01-C2 Residential Cluster Development $1,500.00 Development Agreements $1,600.00 Conditional Use Permit Administrative (No Public Hearing) $350.00 Hearing Examiner/Single-Family 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) 15. MISCELLANEOUS FEES Multifamily Property Tax Exemption Application $1,500.00 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not To Exceed” Fees RATE 3.01-E1 (Revised 4/07) 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 $123.00/hour Aerial Ladder $205.00/hour 7. FALSE ALARM FEE $120.00 for second $225.00 for 3 or more 8. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates* *Uniform Building Code or International Fire Code 9. FIRE WATCH $40.00/hour 3.01-F1 (Revised 4/07) 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 a.m. to 5:00 p.m.) Lounge $7.35 Room A, B, C, or Conference Room $5.25 Gym $15.75 Evenings (Monday - Thursday: 5:00 p.m. to 10:00 p.m.) Lounge $15.75 Room A, B, C $10.50 Conference Room $12.60 Gym $21.00 Party Package (Lounge & Gym) $31.50 Entire Building - Up to 8 hours $525.00 Additional Staff (per hour) $15.75 Regular Groups (10 or more meetings a year reserved in advance) 20% discount Friday Evening (5:00 p.m. to 10:00 p.m.) & Saturday and Sunday Lounge $21.00 Room A, B, C $10.50 Conference Room $12.60 Gym $26.25 Party Package (Lounge & Gym) $42.00 Entire Building - Up to 8 hours $525.00 Additional Staff (per hour) $15.75 (Revised 4/07)3.01-F2 (Group B) COMMERCIAL - Rental Rates Recreational and/or educational purposes only Per hour, 2-hour minimum Lounge $26.50 Room A, B, C $21.00 Conference Room $21.00 Gym $42.00 Room Package (Lounge & Gym) $73.50 Entire Building - Up to 8 hours $840.00 Additional Staff (per hour) $15.75 (b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES (Group A) NONCOMMERCIAL - Rental Rates Room Rental Fees - Per hour, 2-hour minimum Cardroom/Meeting Room $15.75 Main Room $31.50 Kitchen $10.50 Additional Staffing (per hour) $11.25 Entire Facility - Up to 8 hours $210.00 (Group B) COMMERCIAL - Rental Rates Room Rental Fees - Per hour, 2-hour minimum Cardroom/Meeting Room $31.50 Main Room $63.00 Kitchen $21.00 Additional Staffing (per hour) $17.00 Entire Facility - Up to 8 hours $420.00 (c) JARSTAD AQUATIC CENTER (Group A) NONCOMMERCIAL - Rental Rates Private - Nonprofit Up to 50 Participants Per hour $66.00 Staffing each added hour $14.00 51 - 100 Per hour $77.00 101 - 150+ Per hour $88.00 Gallery $7.00 Team Deep Lanes Per hour per lane $3.40 Shallow Lanes Per hour per lane $2.35 Staffing Per hour as needed $15.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F3 (Revised 4/07) School Lessons Up to 35 Students $58.00 36 - 45 Students $70.00 46 - 55 Students $82.00 (Group B) COMMERCIAL - Rental Rates Commercial Per hour $69.00 Deep Lanes Per hour per lane $6.90 Shallow Lanes Per hour per lane $4.60 Staffing Per hour 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 $52.50 Evergreen Shelter 2, 3, 5, or 6 $26.25 Evergreen Shelter 4 (not reservable) no charge Evergreen Ampitheatre with Amplified Sound $100.00 Lions Park Shelter $36.75 Upper NAD $21.00 Lent Landing Gazebo $26.25 (Group B) COMMERCIAL - Rental Rates Evergreen Shelter 1 $78.75 Evergreen Shelter 2, 3, 5, or 6 $42.00 Evergreen Shelter 4 (not reservable) no charge Evergreen Ampitheatre with Amplified Sound $150.00 Lions Park Shelter $52.50 Upper NAD $31.50 Lent Landing Gazebo $42.00 (e) PARK RESERVATION FEES Parks without shelters or miscellaneous park areas $26.25 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 4/07)3.01-F4 (f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS Louis Mentor Boardwalk $210.00 Other parks Reservation fee + $100.00 (g) ATHLETIC FIELD - RESERVATIONS Per hour unless noted (Group A) NONCOMMERCIAL - Rental Rates $15.75 (Group B) COMMERCIAL - Rental Rates $31.50 Game Fee - Softball $26.25 Game Fee - Soccer $42.00 (h) BLUEBERRY PARK - PEA PATCH ANNUAL RATE Recreational purposes only 1/2 plot (20 ft. by 20 ft.) $19.00 1 plot (20 ft. by 40 ft.) $38.00 1+ lot (20 ft. by 50 ft.) $57.00 (i) LIONS TENNIS COURT LIGHTS 1 token (1 hour)$1.50 6 tokens (6 hours)$7.50 2. PROGRAM FEES & CHARGES (a) NEW PROGRAMS See Section 3, subsection (a) of this table (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0 - 3 yrs.)no charge Youth (4 - 17 yrs.)$2.75 Adult (18 - 54 yrs.)$3.25 Seniors (55 & up)$2.75 Disabled $2.75 Adult Fitness $3.25 Senior Fitness $2.75 Disabled Fitness $2.75 Special Public $1.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F5 (Revised 4/07) PUNCH CARDS Youth 10 punch $22.00 Youth 20 punch $44.00 Adult 10 punch $26.00 Adult 20 punch $52.00 Senior/Disabled 10 punch $22.00 Senior/Disabled 20 punch $44.00 Fitness/Lesson 10 punch $26.00 Fitness/Lesson 20 punch $52.00 Senior/Disabled Fitness 10 punch $22.00 Senior/Disabled Fitness 20 punch $44.00 PASSES Youth 6 months $118.00 Youth 12 months $230.00 Adult 6 months $140.00 Adult 12 months $272.00 Senior/Disabled 6 months $118.00 Senior/Disabled 12 months $230.00 SWIMMING LESSONS Youth 30 minutes $3.75 Adult 30 minutes $4.00 Private 30 minutes $14.00 Semi-Private 30 minutes $22.00 Parent Tot $3.25 Family Lessons 30 minutes, family of four $70.00 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 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 4/07)3.01-F6 Men and Women (Spring) per team $250.00 Men and Co-ed Sand (Summer) per team $120.00 Open Gym (Oct. - June) per person $2.50 SOCCER Player’s Fee per player $42.00 BASKETBALL Men’s League (Fall & Winter) per team $475.00 Boy’s League (Winter) per team $275.00 Girl’s League (Fall) per player $57.75 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 $13.50 Men’s League (Fall) per team $410.00 Men’s League - Player’s Fee (Fall) per player $13.50 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 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F7 (Revised 4/07) 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: 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. Community Members Memberships are for senior living facilities who are interested in purchasing a group of tickets (10, 20 or more). 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. Senior Citizen – City resident annual membership $5.75 Senior Citizen – Nonresident annual membership $11.50 Senior Center – City resident couples annual membership $10.50 Senior Center – Nonresident couples annual membership $21.00 Senior Center – City resident associate annual membership $9.50 Senior Center – Nonresident associate annual membership $15.75 (c) SENIOR CENTER TRIPS Actual costs plus 25% PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 4/07)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 $882.00 $1,058.40 Opening/Closing $551.25 $661.50 Liner $540.75 $648.90 Oversize Liner (if required) $783.72 $940.46 Grave Side Service Preparation (optional) $153.72 $184.46 (b) VETERANS PLOT Opening/Closing $551.25 $661.50 Liner $540.75 $648.90 Oversize Liner (if required) $783.72 $940.46 Grave Side Service Preparation (optional) $183.75 $220.50 Stone Marker Setting $93.24 $111.89 Bronze Marker Setting $83.16 $99.79 (c) INFANT BURIAL Infant Plot in Babyland $215.46 $258.55 Opening/Closing $335.16 $402.19 Liner $235.62 $282.74 Grave Side Service Preparation (optional) $183.75 $220.50 (d) DISINTERMENT Removal & Opening of New Site $1,152.90 $1,383.48 Site Purchase $882.00 $1,058.40 Liner $522.90 $627.48 Removal (only) $758.10 $922.32 Cremaining $183.96 $220.75 (e) ADDITIONAL BURIAL COSTS 2 hour max. $153.72 $184.46 4 hour max. $307.44 $368.93 (f) LINERS Adult $540.75 $648.90 Infant $235.62 $282.74 Cremation Vault (2 piece) $126.00 $151.20 Oversize Liner (if required) $783.72 $940.46 3.01-F9 (Revised 4/07) (g) OPENING AND CLOSING Adult $551.25 $661.50 Infant (Babyland) $335.16 $402.19 Urn Interment (per urn) $105.00 $126.00 (h) BURIAL SITES Adult $882.00 $1,058.40 Infant (Babyland) $215.46 $258.55 Infant (any site not in Babyland) $882.00 $1,058.40 (i) INURNMENT Cement Vault $126.00 $151.20 Opening/Closing $126.00 $151.20 Grave Side Service Preparation (optional) $183.75 $220.50 Second Right of Inurnment $210.00 $252.00 (j) DISURNMENTS Urn $183.96 $220.75 (k) RAISE GRAVE $123.48 $148.18 (l) MARKERS 5" x 8" bronze plus tax $73.50 $88.20 4" x 12" x 2" x 3" plus tax $79.80 $95.76 8" x 16" x 2" x 3" plus tax $84.00 $100.80 10" x 20" x 2" x 3" plus tax $94.50 $113.40 12" x 24" x 2" x 3" plus tax $99.75 $119.70 12" x 24" bronze plus tax $99.75 $119.70 12" x 36" x 2" x 3" plus tax $147.00 $176.40 14" x 36" x 2" x 3" plus tax $152.25 $182.70 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees (Revised 4/07)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 Friday 18 Holes $33.00 Weekday 18 Holes*$30.00 Weekday 2:00 p.m. - 3:00 p.m. $27.00 Weekend/Holiday 18 Holes (3) $39.00 Weekend 2:00 p.m. - 3:00 p.m. $31.00 Weekday 9 Holes*$21.00 Weekend/Holiday 9 Holes $25.00 Weekday 9-Hole Continue* $9.00 Weekend/Holiday 9-Hole Continue $15.00 Twilight Weekday*$22.00 Twilight Weekend/Holiday $25.00 League Rate**$20.00 Senior 18 Holes*$25.00 Junior 18 Holes* $13.00 Junior Twilight Weekend/Holiday $14.00 All Day Monday - Tuesday $53.00 Annual Pass Single $1,600.00 Annual Pass Couple $2,600.00 Annual Pass Family*** $2,400.00 plus $200.00 per junior Annual Pass Senior Single** $1,100.00 Annual Pass Senior Couple** $1,800.00 Semi-Annual Single - first 1/2 of year $800.00 Semi-Annual Single - second 1/2 of year $850.00 Semi-Annual Couple - first 1/2 of year $1,300.00 Semi-Annual Couple - second 1/2 of year $1,350.00 Semi-Annual Senior Single** - first 1/2 of year $550.00 Semi-Annual Senior Single** - second 1/2 of year $575.00 Semi-Annual Senior Couple** - first 1/2 of year $900.00 Semi-Annual Senior Couple** - second 1/2 of year $950.00 Senior Punch Card** (2) $200.00 Regular 20-Round Punch Card $480.00 Regular 10-Round Punch Card $260.00 Junior 10-Round Punch Card $90.00 Low-Income Senior Punch Card** **** (2) $90.00 Corporate Pass* (2) $2,300.00 Daily Private Cart $17.00 3.01-F11 (Revised 4/07) Annual Cart Fee $140.00 Shotgun Tournament (Not to Exceed 18-Hole Green Fee) $55.00 Military Pass (100) no tax $2,200.00 * Monday through Thursday ** 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 and 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 Friday 18 Holes $46.00 Weekday 18 Holes*$41.00 Weekday 2:00 p.m. - 3:00 p.m. $33.00 Weekend/Holiday 18 Holes (2) $60.00 Weekend 2:00 p.m. - 3:00 p.m. $44.00 Weekday 9 Holes*$25.00 Weekend/Holiday 9 Holes $35.00 Weekday 9-Hole Continue* $17.00 Weekend/Holiday 9-Hole Continue $25.00 Twilight Weekday*$25.00 Twilight Weekend/Holiday $27.00 Junior Twilight Weekend $20.00 All Day Monday - Tuesday $53.00 League Rate** $20.00 Senior 18 Holes*$35.00 Junior 18 Holes*$23.00 Cascade Passes and Punch Cards $13.00 Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (2) $70.00 Weekend Early Bird $45.00 Weekday Early Bird $31.00 Pass Plus $13.00 * Monday through Thursday ** Not for Saturday, Sunday or holiday PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 4/07)3.01-F12 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks and 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 4/07) 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 $160.00 Type B (Disturbance of ROW) Sidewalk Repairs $55.00 Driveway, Transverse Street Patch and Spot Patches $160.00 Frontage Improvements (Curb, Gutter, Sidewalk, Illumination, Etc.); Longitudinal Street Patch $3.15/foot with a $160.00 minimum New Street $5.25/foot with a $625.00 minimum Water & Sewer Mains & Laterals (ROW Permit) $160.00 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 $0.25/foot of improvement with $105.00 minimum Additional Work $45.00/hour + equipment charges 2. RIGHT-OF-WAY VACATION $575.00 3. TELECOM MASTER PERMIT FEE $525.00/one time 4. TELECOM LICENSE FEE $210.00/one time 3.48-3 (Revised 4/07) (2) Any person engaged in any business activity taxable under BMC 3.48.050(1)(g); (3) Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; (4) Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in BMC 3.48.030 other than for resale in the regular course of business; (5) Any person who is an end user of software; (6) Any person engaged in the business of "public road construction" in respect to tangible personal prop- erty when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of- way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right-of-way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a pub- licly owned mass public transportation terminal or park- ing facility; (7) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; (8) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; (9) Any person engaged in "government contract- ing." Any such person shall be a consumer within the meaning of this subsection in respect to tangible per- sonal property incorporated into, installed in, or attached to such building or other structure by such per- son. Nothing contained in this or any other subsection of this section shall be construed to modify any other defi- nition of "consumer." "Deficiency." "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return. "Director." "Director" means the Director of Financial Services of the City or any officer, agent or employee of the City designated to act on the Director’s behalf. "Eligible gross receipts tax." The term "eligible gross receipts tax" means a tax which: (1) Is imposed on the act or privilege of engaging in business activities within BMC 3.48.050; and (2) Is measured by the gross volume of business, in terms of gross receipts and is not an income tax or value added tax; and (3) Is not, pursuant to law or custom, separately stated from the sales price; and (4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by vol- ume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a priv- ilege; and (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other non-local jurisdiction above the County level. "Engaging in business," "nexus." (1) The term "engaging in business" means com- mencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the City without having to register and obtain a business license or pay City busi- ness and occupation taxes. The activities listed in this section are illustrative only and are not intended to nar- row the definition of "engaging in business" in subsec- tion (1) of this definition. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and cir- cumstances and applicable law. (3) Without being all inclusive, any one of the fol- lowing activities conducted within the City by a person, or its employee, agent, representative, independent con- tractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license pursuant to Chapter 5.02 BMC. (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal prop- erty, intangible personal property, or real property per- manently or temporarily located in the City. (b) Owning, renting, leasing, using, or main- taining, an office, place of business, or other establish- ment in the City. (c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, includ- ing warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangi- ble personal property sold by the person or on its behalf. (f) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (Revised 4/07)3.48-4 (g) Soliciting, negotiating, or approving fran- chise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (i) Picking up and transporting tangible per- sonal property, solid waste, construction debris, or exca- vated materials. (j) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, survey- ing, and real estate services including the listing of homes and managing real property. (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional ath- letes, barbers, baseball clubs and other sports organiza- tions, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory oper- ators, teachers, veterinarians. (l) Meeting with customers or potential cus- tomers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting employees, agents, representatives, independent contractors, brokers or oth- ers, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (q) Accepting or executing a contract with the City, irrespective of whether goods or services are deliv- ered within or without the City, or whether the person’s office or place of business is within or without the City. (4) If a person, or its employee, agent, representa- tive, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license and pay tax: (a) Meeting with suppliers of goods and ser- vices as a customer. (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meet- ings, retreats, seminars, and conferences, or other meet- ings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. (d) Renting tangible or intangible property as a customer when the property is not used in the City. (e) Attending, but not participating in a "trade show" or "multiple vendor events." Persons participat- ing at a trade show shall review the City’s trade show or multiple vendor event ordinances. (f) Mere delivery of goods via common car- rier. (g) Conducting advertising through the mail. (h) Soliciting sales by phone from a location outside the City. (5) A seller located outside the City merely deliv- ering goods into the City by means of common carrier is not required to register and obtain a business license provided that it engages in no other business activities in the City. (6) "Nexus." A person has created nexus with the City if, whether itself or by its employees, agents, repre- sentative, independent contractors, brokers or others acting on its behalf, it: (a) Is physically present in the City; (b) Endeavors to maintain a share of the mar- ket within the City; or (c) Avails itself of the economic benefits of the City. The City expressly intends that engaging in busi- ness include any activity sufficient to establish nexus for purposes of applying the tax under the law and the con- stitutions of the United States and the State of Washing- ton. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent con- tacts. "Extracting." "Extracting" is the activity engaged in by an extractor and is reportable under the extracting clas- sification. "Extractor." "Extractor" means every person who from the person’s own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the nec- essary labor or mechanical services, for sale or for com- mercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other than planta- tion Christmas trees, or other natural products; or takes fish, or takes, cultivates, or raises shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the neces- sary labor or mechanical services for others; persons cultivating or raising fish entirely within confined rear- ing areas on the person’s own land or on land in which the person has a present right of possession; or persons who fell, cut, or take plantation Christmas trees from the 3.48-9 (Revised 4/07) "Software," "canned software," "custom software," "customization of canned software," "master cop- ies," "retained rights." (1) "Canned software" means software that is cre- ated for sale to more than one (1) person. For purposes of this chapter, canned software is deemed to be tangible personal property regardless of the method of delivery- tangible media (e.g., disk or installed on hardware) or intangible (e.g., electronically over telecommunications paths). (2) "Custom software" means software created for a single person. (3) "Customization of canned software" means any alteration, modification, or development of applica- tions using or incorporating canned software to specific individualized requirements of a single person. Custom- ization of canned software includes individualized con- figuration of software to work with other software and computer hardware but does not include routine instal- lation. Customization of canned software does not change the underlying character or taxability of the orig- inal canned software. (4) "Master copies" of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. (5) "Retained rights" means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, pub- lisher, licensor, sublicensor, or distributor. (6) "Software" means any information, program, or routine, or any set of one (1) or more programs, rou- tines, or collections of information used, or intended for use, to convey information that causes one (1) or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients regardless of the media upon which that documentation is provided, that describes the code and its use, operation, and main- tenance and that typically is delivered with the code to the consumer. All software is classified as either canned or custom. "Successor." "Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indi- rectly, in bulk and not in the ordinary course of the tax- payer’s business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor. "Tax year," "taxable year." "Tax year" or "taxable year" means the calendar year. "Taxpayer." "Taxpayer" means any person, as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who per- forms any act for which a tax or fee is imposed by this chapter. "Tuition fee." "Tuition fee" includes library, labora- tory, health service and other special fees, and amounts charged for room and board by an educational institu- tion when the property or service for which such charges are made is furnished exclusively to the students or fac- ulty of such institution. "Educational institution," as used in this section, means only those institutions cre- ated or generally accredited as such by the State and includes educational programs that such educational institution cosponsors with a non-profit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for course work success- fully completed through the educational program, or an approved branch campus of a foreign degree-granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offer- ing to students an educational program of a general aca- demic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agri- culture, but not including specialty schools, business colleges, other trade schools, or similar institutions. "Value of products." (1) The value of products, including by-products, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the pur- chaser or from any other person with respect to the extraction, manufacture, or sale of such products or by- products by the seller. (2) Where such products, including by-products, are extracted or manufactured for commercial or indus- trial use; and where such products, including by-prod- ucts, are shipped, transported or transferred out of the City, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this State of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of (Revised 4/07)3.48-10 subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufac- tured, including direct and indirect overhead costs. The Director may prescribe rules for the purpose of ascer- taining such values. (3) Notwithstanding subsection (2) of this defini- tion, the value of a product manufactured or produced for purposes of serving as a prototype for the develop- ment of a new or improved product shall correspond to (a) the retail selling price of such new or improved prod- uct when first offered for sale; or (b) the value of mate- rials incorporated into the prototype in cases which the new or improved product is not offered for sale. "Value proceeding or accruing." "Value proceeding or accruing" means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actu- ally received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. The value proceeding or accruing from sales on the installment plan under conditional contracts of sale shall be reported as of the dates when the payments become due. "Wholesaling." "Wholesaling" means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. (Ord. 4988 §1, 2006; Ord. 4924 §1, 2004; Ord. 4843, Added, 01/03/2003) 3.48.040 AGENCY - SALES AND SERVICES BY AGENT, CONSIGNEE, BAILEE, FACTOR OR AUCTIONEER. (1) Sales in Own Name - Sales or Purchases as Agent. Every person, including agents, consignees, bai- lees, factors or auctioneers having either actual or con- structive possession of tangible personal property or having possession of the documents of title thereto, with power to sell such tangible personal property in the per- son’s own name and actually so selling shall be deemed the seller of such tangible personal property within the meaning of this chapter. The burden shall be upon the taxpayer in every case to establish the fact that such taxpayer is not engaged in the business of selling tangible personal property but is acting merely as broker or agent in promoting sales or making purchases for a principal. Such claim will be recognized only when the contract or agreement between such persons clearly establishes the relation- ship of principal and agent and when the following con- ditions are complied with: (a) The books and records of the broker or agent show the transactions were made in the name and for the account of the principal, and show the name of the actual owner of the property for whom the sale was made, or the actual buyer for whom the purchase was made. (b) The books and records show the amount of the principal’s gross sales, the amount of commissions and any other incidental income derived by the broker or agent from such sales. The principal’s gross sales must not be reflected as the agent’s income on any of the agent’s books and records. Commissions must be com- puted according to a set percentage or amount, which is agreed upon in the agency agreement. (c) No ownership rights may be conferred to the agent unless the principal refuses to pay, or refuses to abide by the agency agreement. Sales or purchases of any goods by a person who has any ownership rights in such goods shall be taxed as retail or wholesale sales. (d) Bulk goods sold or purchased on behalf of a principal must not be co-mingled with goods belong- ing to another principal or lose their identity as belong- ing to the particular principal. Sales or purchases of any goods which have been co-mingled or lost their identity as belonging to the principal shall be taxed as retail or wholesale sales. (2) If the above requirements are not met the con- signor, bailor, principal or other shall be deemed a seller of such property to the agent, consignee, bailee, factor or auctioneer. (3) Services in Own Name - Procuring Services as Agent. For purposes of this subsection, an agent is a per- son who acts under the direction and control of the prin- cipal in procuring services on behalf of the principal that the person could not itself render or supply. Amounts received by an agent for the account of its principal as advances or reimbursements are exempted from the measure of the tax only when the agent is not primarily or secondarily liable to pay for the services procured. Any person who claims to be acting merely as agent in obtaining services for a principal will have such claim recognized only when the contract or agreement between such persons clearly establishes the relation- ship of principal and agent and when the following con- ditions are complied with: (a) The books and records of the agent show that the services were obtained in the name and for the account of the principal, and show the actual principal for whom the purchase was made. (b) The books and records show the amount of the service that was obtained for the principal, the amount of commissions and any other income derived by the agent for acting as such. Amounts received from the principal as advances and reimbursements must not 3.48-11 (Revised 4/07) be reflected as the agent’s income on any of the agent’s books and records. Commissions must be computed according to a set percentage or amount, which is agreed upon in the agency agreement. (Ord. 4843, Added, 01/03/2003) 3.48.050 IMPOSITION OF THE TAX - TAX OR FEE LEVIED. (1) Imposition of the Tax - Tax or Fee Levied. Except as provided in subsection (2) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the City, whether the person’s office or place of business be within or without the City. The tax shall be in amounts to be determined by appli- cation of rates against gross proceeds of sale, gross income of business, or value of products, including by- products, as the case may be, as follows: (a) Extractor. Upon every person engaging within the City in business as an extractor; as to such persons the amount of the tax with respect to such busi- ness shall be equal to the value of the products, includ- ing by-products, extracted for sale or for commercial or industrial use, multiplied by the rate of one and six- tenths of one percent (.0016). The measure of the tax is the value of the products, including by-products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City. (b) Manufacturer. Upon every person engag- ing within the City in business as a manufacturer; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, manufactured, multiplied by the rate of one and six-tenths of one percent (.0016). The measure of the tax is the value of the products, including by-products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the City. (c) Wholesale. Upon every person engaging within the City in the business of making sales at whole- sale; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six-tenths of one per- cent (.0016). (d) Retail. Upon every person engaging within the City in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and one quarter of one per- cent (.00125). (e) Printing and Publishing. Upon every per- son engaging within the City in the business of (i) print- ing, (ii) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (iii) publishing newspapers, magazines and peri- odicals, (iv) extracting for hire, and (v) processing for hire; as to such persons, the amount of tax on such busi- ness shall be equal to the gross income of the business multiplied by the rate of one and nine-tenths of one per- cent (.0019). (f) Retail Service. Upon every person engag- ing within the City in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of two tenths of one percent (.002). (g) Service. Upon every other person engag- ing within the City in any business activity other than or in addition to those enumerated in the above subsec- tions; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of two tenths of one percent (.002). This subsection includes, among others, and without limiting the scope hereof (whether or not title to material used in the performance of such busi- ness passes to another by accession, merger or other than by outright sale), persons engaged in the business of developing, or producing custom software or of cus- tomizing canned software, producing royalties or com- missions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail or a sale at wholesale or a retail service. (2) Exemption. The gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by-products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than twenty thousand dollars ($20,000). Beginning on January 1, 2007, the gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by-products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than forty thousand dollars ($40,000). Persons with gross income exceeding forty thousand dollars ($40,000) per year shall be taxed only on the amount of gross income exceeding forty thousand dollars ($40,000) per year. (3) Job Credits. It is the intent of the City Council to encourage growth and attract new business to the City. To that end, the City Council finds that an incen- tive measured by a business’s growth in jobs is a mean- ingful method of attracting and retaining such (Revised 4/07)3.48-12 businesses. Therefore, the incentive in this section is specifically targeted at new full-time positions. A basic credit is made available to all businesses located in the City. (a) Subject to the limits in this section, an eli- gible person is allowed a credit against the tax due under this chapter. The credit is based on a qualified employ- ment position located within the City. (i) The credit shall be five hundred dol- lars ($500.00) for each qualified employment position within the City, which positions were created on or after January 1, 2007, the "effective date." A credit is earned for the calendar year in which the employee is hired to fill the position, plus the four (4) subsequent consecu- tive years, if the position, along with the company’s increased workforce of eligible persons, is maintained during the entire period. a. Credit may not be taken for hir- ing persons into positions existing on the effective date. Credit is authorized for new employees hired for new positions created on or after the effective date, which result in an increase in the total workforce of the busi- ness located in the City. New positions filled by existing employees are eligible for the credit under this section only if the position vacated by the existing employee is filled by a new hire. b. If filled before July 1st of any given year, a newly created position is eligible for a full yearly credit. If filled after June 30th, the position is eli- gible for only a half credit for the first calendar year. c. Credit may not be accrued and carried forward or back. No refunds may be granted for unused portion of credits under this section. If the posi- tion is filled during the calendar year, after the filing of a quarterly tax period, an amended first or third quarter tax return will be allowed, if appropriate, to qualify all the credit to which the employer is entitled for that year. (ii) For the purposes of this section: a. "Eligible person" means a person or company who resides in the City and is engaging in a business activity within the City. b. "Qualified employment position" means a permanent, full-time position with compensa- tion of at least a "family wage" within twelve (12) months after the date of hire (allowing for training time and a probation period). If an employee is either volun- tarily or involuntarily separated from employment, the employment position is considered filled on a full-time basis during a period not to exceed three (3) months if the employer is actively recruiting a replacement employee. c. "Family wage," beginning Janu- ary 1, 2007, is seventeen dollars and eleven cents ($17.11) an hour. This is the annual average wage in Kitsap County for 2004, developed by the Washington State Employment Security Department, Labor Market and Economic Development Division ("ES202"). This amount will be adjusted annually beginning on January 1, 2008, by an amount equal to the increase in the Con- sumer Price Index ("CPI") for Urban Wage Earners, Tacoma-Seattle-Bremerton area, of the prior year. If the CPI increase is more than five (5) percent, a five (5) per- cent increase will be used in computing the basis. d. The purchase of an existing busi- ness does not create an allowance of the credit for exist- ing positions. (iii) No application is necessary for the tax credit; however, information must be submitted for each new employee position for which credit is requested, and included with the first tax return in which the credit is claimed. The person must keep records necessary for the City to verify eligibility under this section. This information includes: a. Employment records, including Washington State and federal tax returns, for the current year and previous five (5) years; and b. Information relating to descrip- tion of business activity engaged in at the eligible loca- tion by the employee. (b) If at any time the Director finds that an employer is not eligible or has lost eligibility for a tax credit under this section, the total amount of taxes for which a credit has been claimed for current and prior periods shall be immediately due. (4) The tax levied pursuant to this chapter shall be in addition to any other tax or fee that may be imposed or levied by the City of Bremerton. (Ord. 4988 §2, 2006: Ord. 4924 §2, 2004; Ord. 4843, Added, 01/03/2003) 3.48.060 DOING BUSINESS WITH THE CITY. Except where such a tax is otherwise levied and col- lected by the City from such person, there is hereby lev- ied a tax on the privilege of accepting or executing a contract with the City. Such tax shall be levied and col- lected whether goods or services are delivered within or without the City and whether or not such person has an office or place of business within or without the City. As to such persons the amount of tax shall be equal to the gross contract price multiplied by the rate under BMC 3.48.050 that would otherwise apply if the sale or service were taxable pursuant to that section. (Ord. 4843, Added, 01/03/2003) 3.48-13 (Revised 4/07) 3.48.070 MULTIPLE ACTIVITIES CREDIT WHEN ACTIVITIES TAKE PLACE IN ONE (1) OR MORE CITIES WITH ELIGIBLE GROSS RECEIPT TAXES. This section provides a tax credit for taxpayers engaged in multiple taxable activities. The section pro- vides a credit against eligible selling or manufacturing taxes imposed by the City for extracting or manufactur- ing taxes paid to the City or to any other local jurisdic- tion with respect to the same products. The tax credit does not depend upon whether a person that sells in the City extracts or manufactures in the City or in another jurisdiction to which it has paid an eligible gross receipts tax. The tax credit does not depend on whether a person that manufactures in the City extracts in the City or in another jurisdiction to which it has paid an eli- gible gross receipts tax. The credit is available to any person that pays an eligible gross receipts tax on the applicable activities, regardless of where it conducts business. The result of this section is that a city in which selling takes place gives up the tax to the manufacturing jurisdiction and the manufacturing jurisdiction gives up the tax to the extracting jurisdiction, whether those juris- dictions are inside or outside the State of Washington. (1) Persons who engage in business activities that are within the purview of two (2) or more subsections of BMC 3.48.050 shall be taxable under each applicable subsection. (2) Notwithstanding anything to the contrary herein, if imposition of the City’s tax would place an undue burden upon interstate commerce or violate con- stitutional requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the City’s tax, and still apply the City tax to as much of the taxpayer’s activities as may be subject to the City’s taxing authority. (3) To take the credit authorized by this section, a taxpayer must be able to document that the amount of tax sought to be credited was paid upon the same gross receipts used in computing the tax against which the credit is applied and that the taxpayer paid the amount of tax sought to be credited. (4) Credit for persons that sell in the City products that they extract or manufacture. Persons taxable under the retailing or wholesaling classification with respect to selling products in this City shall be allowed a credit against those taxes for any eligible gross receipts taxes paid (a) with respect to the manufacturing of the prod- ucts sold in the City, and (b) with respect to the extract- ing of the products, or the ingredients used in the products, sold in the City. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the sale of those products. (5) Credit for persons that manufacture products in the City using ingredients they extract. Persons taxable under the manufacturing classification with respect to manufacturing products in this City shall be allowed a credit against those taxes for any eligible gross receipts tax paid with respect to extracting the ingredients of the products manufactured in the City. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the manufacturing of those prod- ucts. (6) Credit for persons that sell within the City products that they print, or publish and print. Persons taxable under the retailing or wholesaling classification with respect to selling products in this City shall be allowed a credit against those taxes for any eligible gross receipts taxes paid with respect to the printing, or the printing and publishing, of the products sold within the City. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the sale of those products. (Ord. 4843, Added, 01/03/2003) 3.48.075 DEDUCTIONS TO PREVENT MULTIPLE TAXATION OF TRANSACTIONS INVOLVING MORE THAN ONE (1) CITY WITH AN ELIGIBLE GROSS RECEIPTS TAX. This section establishes deductions to be applied when a single taxable activity is taxable by more than one jurisdiction that imposes an eligible gross receipts tax. To eliminate the possibility of the same sale or ser- vice being taxed more than once by cities that maintain nexus and an eligible gross receipts tax, the cities deduc- tions set forth in this section shall apply. Sales. A taxpayer that has paid an eligible gross receipts tax on the sale to the jurisdiction where the product is delivered may deduct the gross receipts used to measure that tax from the measure of the tax owed to another jurisdiction on the sale. If a taxpayer has not paid tax to the jurisdiction where the product is delivered, then no deduction is allowed. The sale shall be taxed by the city where the office or place of business that generated the sale is located. Service. A taxpayer that has paid an eligible gross receipts tax on services to the jurisdiction where the ser- vice is performed may deduct the gross receipts used to measure that tax from the measure of the tax owed to another jurisdiction on that service. If a taxpayer has not paid tax to the jurisdiction where the service is per- formed, then no deduction is allowed. The service income shall be taxed by the city where the office or place of business that generated the sale is located. For both sales and services, the order of taxing rights is delivery city, first; and business office location, second. General Business Activities Other Than Services. The eligible gross receipts tax on income derived from intangibles such as royalties, licenses, trademarks, pat- ents and goodwill, and reportable under the general (Revised 4/07)3.48-14 business classification BMC 3.48.050(1)(g), shall be assigned to the headquarter’s office or business loca- tion. A taxpayer that has paid an eligible gross receipts tax on such activities to the jurisdiction where the tax- payer maintains a headquarters office may deduct the gross receipts used to measure that tax from the measure of the tax owed to other jurisdictions on the same activ- ity. Business Conducted With Other Cities. A taxpayer that has paid an eligible gross receipts tax on the privi- lege of accepting or executing a contract with a city may deduct the contract price used to measure the tax from the measure of the tax owed to another city on the same activity. (1) Amounts Subject to an Eligible Gross Receipts Tax in Another City That Also Maintains Nexus Over the Same Activity. A taxpayer that is subject to an eligi- ble gross receipts tax on the same activity in more than one (1) jurisdiction may be entitled to a deduction as fol- lows: (a) A taxpayer that has paid an eligible gross receipts tax with respect to a sale of goods or services to a jurisdiction in which the goods are delivered or the ser- vices are provided may deduct an amount equal to the gross receipts used to measure that tax from the measure of the tax owed to the City. (b) Notwithstanding the above, a person that is subject to an eligible gross receipts tax in more than one (1) jurisdiction on the gross income derived from intangibles such as royalties, trademarks, patents, or goodwill may deduct from the measure of the tax on those amounts the gross income used in measuring the eligible gross receipts tax paid to the other jurisdiction where the headquarters is located. (c) A taxpayer that has paid an eligible gross receipts tax on the privilege of accepting or executing a contract with another city may deduct an amount equal to the contract price used to measure the tax due to the other city from the measure of the tax owed to the City. (2) Person Manufacturing Products Within and Without. A person manufacturing products within the City using products manufactured by the same person outside the City may deduct from the measure of the manufacturing tax the value of products manufactured outside the City and included in the measure of an eligi- ble gross receipts tax paid with respect to manufacturing such products. (Ord. 4843, Added, 01/03/2003) 3.48.076 ASSIGNMENT OF GROSS INCOME DERIVED FROM INTANGIBLES. Gross income derived from the sale of intangibles such as royalties, trademarks, patents, or goodwill shall be assigned to the jurisdiction where the person is domi- ciled (its headquarters is located). (Ord. 4924 §3, 2004) 3.48.090 EXEMPTIONS. (1) Nonprofit Corporations or Nonprofit Organi- zations. This section shall not apply to nonprofit organi- zations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such per- sons. (2) Health Maintenance Organization, Health Care Service Contractor, Certified Health Plan. Beginning on January 1, 2000, this chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premi- ums or prepayments that are taxable under RCW 48.14.0201. (3) Public Utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.50 BMC. (4) Investments - Dividends from Subsidiary Cor- porations. This chapter shall not apply to amounts derived by persons, other than those engaging in bank- ing, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its sub- sidiary corporations. (5) International Banking Facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an "interna- tional banking facility" means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state, a United States branch or agency of a foreign bank, an Edge corporation orga- nized under Section 25(a) of the Federal Reserve Act, 12 United States Code 611-631, or an agreement corpora- tion having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Sec- tion 25 of the Federal Reserve Act, 12 United States Code 601-604(a), that includes only international bank- ing facility time deposits (as defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D). (6) Insurance Business. This chapter shall not apply to amounts received by any person or agent who is an insurer upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020; pro- vided, that the provisions of this subsection shall not exempt any person engaging in the business of insur- ance as a broker as defined in RCW 48.17.020 or as a solicitor as defined in RCW 48.17.030; and provided further, that the provisions of this subsection shall not 3.48-14.1 (Revised 4/07) exempt any bonding company from tax with respect to gross income derived from the completion of any con- tract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. (7) Farmers - Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is raised, caught, produced, or manufactured by such persons. (8) Athletic Exhibitions. This chapter shall not apply to any person in respect to the business of con- ducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commis- sion. (9) Racing. This chapter shall not apply to any per- son in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. (10)Ride Sharing. This chapter does not apply to any funds received in the course of commuter ride shar- ing or ride sharing for persons with special transporta- tion needs in accordance with RCW 46.74.010. (11)Employees. This chapter shall not apply to: (a) Any person in respect to the person’s employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of employee shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. (b) A booth renter, as defined by RCW 18.16.020, is an independent contractor for purposes of this chapter. (12)Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest or similar financial charges resulting from, or relating to, real estate transac- tions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. (13)Mortgage Brokers’ Third-Party Provider Ser- vices Trust Accounts. This chapter shall not apply to amounts received from trust accounts to mortgage bro- kers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. (14)Amounts Derived from Manufacturing, Selling or Distributing Motor Vehicle Fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined in RCW 82.36.010 and exempt under RCW 82.36.440; provided, that any fuel not subjected to the State fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. (15)Amounts Derived from Liquor, and the Sale or Distribution of Liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. (16)Casual and Isolated Sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. (17)Accommodation Sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of prop- erty so sold to other persons similarly engaged in the business of selling such property where (a) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article; and (b) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. (18)Taxes Collected as Trust Funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third-party obligations to pay taxes such as the retail sales tax, use tax, and admis- sion tax. (19)Three (3) Year Exemption for Annexed Busi- nesses. This chapter shall not apply to any person with respect to a business activity conducted in an area that has become part of the City by annexation; provided, however, that the business premises of such person be located in the said area on the date of annexation; and provided further, that the exemption provided herein shall cease at the expiration of twelve (12) full calendar quarters following the date of such annexation. (Ord. 4988 §3, 2006: Ord. 4924 §4, 2004; Ord. 4843, Added, 01/03/2003) 3.48.100 DEDUCTIONS. In computing the license fee or tax, there may be deducted from the measure of tax the following items: (1) Compensation from Public Entities for Health or Social Welfare Services - Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instru- mentality thereof or from the State of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit 3.50-1 (Revised 4/07) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judi- cial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: "Cellular telephone service" is a voice or data tele- phone/telecommunications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regu- lation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communi- cations technology which accomplishes the same pur- pose as cellular mobile service. "Competitive telephone service" means the providing by any person of telephone telecommunications equip- ment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. "Gross income" means the value proceeding or accru- ing by reason of the business activity engaged in and operations incidental thereto, and includes gross pro- ceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. "Gross income from timber sales" means "stumpage value of timber" as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. "Page service" means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Reporting period" means a one (1) month period beginning the first day of each calendar month (monthly). "Solid waste collection service" means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. "Solid waste," for purposes of this chapter, means gar- bage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. "Telephone business" means the providing by any per- son of access to a local telephone network, local tele- phone network switching service, toll service, cellular or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via a local telephone network, toll line or channel, cable, (Revised 4/07)3.50-2 microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Telephone business" does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City, a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or the selling of manu- factured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of pro- viding water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to eight and one-half (8.5) percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business a tax equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitutions of the United States or the State of Washing- ton. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecom- munications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdic- tions to the location of the customer’s principal service address during the period for which the tax applies. (ii) Roaming phones. When the service is provided while a subscriber is roaming outside the sub- scriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's account- ing system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (i) Except for solid waste, utility taxes will be fro- zen at their current rates for a period of two (2) years through fiscal year 2005 unless City Council unfreezes 3.50-3 (Revised 4/07) the cap with a super-majority vote of the whole Council as seated. (Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. (Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 3.78-1 (Revised 4/07) Chapter 3.78 MULTIFAMILY PROPERTY TAX EXEMPTION Sections: 3.78.010 PURPOSE. 3.78.020 DEFINITIONS. 3.78.030 APPLICABILITY. 3.78.040 TERMS OF THE TAX EXEMPTION. 3.78.050 PROJECT ELIGIBILITY. 3.78.060 APPLICATION PROCEDURE. 3.78.070 APPLICATION REVIEW AND ISSUANCE OF CONDITIONAL CERTIFICATE. 3.78.080 EXTENSION OF CONDITIONAL CERTIFICATE. 3.78.090 APPLICATION FOR FINAL CERTIFICATE. 3.78.100 ISSUANCE OF FINAL CERTIFICATE. 3.78.110 ANNUAL COMPLIANCE REVIEW. 3.78.120 CANCELLATION OF TAX EXEMPTION. 3.78.130 EXPIRATION OF APPLICATION PERIOD. 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the pur- pose of this chapter is to provide limited ten (10) year exemptions from ad valorem property taxation for mul- tifamily housing in designated residential targeted areas to: (a) Encourage increased residential opportunities within areas of the City designated by the City Council as residential targeted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multi- family housing in designated residential targeted areas to increase and improve housing opportunities; and (c) Assist in directing future population growth to designated residential targeted areas, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated residential targeted areas. (Ord. 4968 §1 (part), 2006) 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indi- cates otherwise: (a) "Building codes" means the City and State building and fire codes as set forth in Chapters 17.04, 18.02 and 18.03 BMC. (b) "City" means the City of Bremerton. (c) "Department" means the City Department of Community Development. (d) "Director" means the Director of the Depart- ment of Community Development, or designee. (e) "Multifamily housing" means a building hav- ing ten (10) or more dwelling units developed for owner occupancy. Multifamily housing does not include sin- gle-family attached housing. Multifamily housing also does not include housing that predominately offers rental accommodation or accommodation on a transient basis such as apartments, hotels and motels. (f) "Multifamily property tax exemption" means an exemption from ad valorem property taxation for multifamily housing. (g) "Owner" means the property owner of record. (h) "Rehabilitation improvements" means modifi- cations to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condi- tion of substantial compliance with existing building, fire, and zoning codes, or modification to existing occu- pied structures which increase the number of multifam- ily housing units. (i) "Residential targeted area" means the geo- graphic area located within the downtown core and mul- tiple residential zones as set forth in Figure 3.78. (j) "Substantial compliance" means compliance with all local building, fire and zoning code require- ments, which are typically required for rehabilitation as opposed to new construction. (Ord. 4968 §1 (part), 2006) 3.78.030 APPLICABILITY. Multifamily housing projects in designated residen- tial targeted areas resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings may be entitled to a limited ten (10) year exemption from ad valorem property taxation as set forth in this chapter. (Ord. 4968 §1 (part), 2006) 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of Exemption. The value of improve- ments qualifying under this chapter is exempt from ad valorem property taxation for ten (10) successive years beginning January 1st of the year immediately follow- ing the calendar year after issuance of the final certifi- cate of tax exemption. (b) Limits on Exemption. The exemption does not apply to the value of land or to the value of improve- ments not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. In the case of (Revised 4/07)3.78-2 rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application required under this chapter. This chapter does not apply to increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions of building and value of land nor to increases made by lawful order of a County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uniformity of assessment or appraisal required by law. (c) Conclusion of Exemption. At the conclusion of the ten (10) year exemption period, the new or rehabili- tated housing cost shall be considered as new construc- tion for the purposes of Chapter 84.55 RCW. (Ord. 4968 §1 (part), 2006) 3.78.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet the following requirements for consideration for a prop- erty tax exemption: (a) Location. The project must be located within a residential targeted area as defined in BMC 3.78.020 and as set forth in Figure 3.78. (b) Tenant Displacement Prohibited. The project must not displace existing residential tenants of struc- tures that are proposed for redevelopment. If the prop- erty proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (c) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the building codes. (d) Size of Project. The new, converted, or rehabil- itated multiple-unit housing must provide for a mini- mum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, con- verted, or rehabilitated multiple-unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily hous- ing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (e) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (f) Compliance with Guidelines and Standards. The project must be designed to comply with the City’s Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guide- lines adopted by the City Council for the residential tar- geted area. (Ord. 4968 §1 (part), 2006) 3.78.060 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following proce- dures: (a) The application provided by the City shall be filed with the Department along with the required fees as established pursuant to RCW 84.14.080. (b) A complete application shall include: (1) A completed City of Bremerton applica- tion form setting forth the grounds for the exemption. (2) Preliminary floor and site plans of the pro- posed project. (3) A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (4) An affidavit stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (5) Verification by oath or affirmation of the information submitted. (6) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with the building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Sup- porting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (Ord. 4968 §1 (part), 2006) 3.78.070 APPLICATION REVIEW AND ISSUANCE OF CONDITIONAL CERTIFICATE. The Director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an applica- tion shall be made within ninety (90) calendar days of receipt of a complete application. (a) Approval. The Director may approve the appli- cation if he/she finds that: (1) A minimum of ten (10) new units are being constructed or in the case of occupied rehabilita- tion or conversion within twelve (12) months of occu- pancy, a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including 3.78-3 (Revised 4/07) the four (4) additional multifamily units are being devel- oped. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. (4) The site is located in the residential tar- geted area. (b) If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chap- ter. (c) If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten (10) calendar days of the denial. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Coun- cil will be based on the record made before the Director. The Director’s decision will be upheld unless the appli- cant can show that there is no substantial evidence on the record to support the Director’s decision. The City Council’s decision on appeal will be final. (Ord. 4968 §1 (part), 2006) 3.78.080 EXTENSION OF CONDITIONAL CERTIFICATE. (a) Extension. The conditional certificate and time for completion of the project may be extended by the Director for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a written request with a fee stat- ing the grounds for the extension. An extension may be granted if the Director determines that: (1) The anticipated failure to complete con- struction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; (2) The owner has been acting and could rea- sonably be expected to continue to act in good faith and with due diligence; and (3) All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project. (b) Denial and Appeal. If an extension is denied, the Director shall state in writing the reason for denial and shall send notice to the applicant’s last known address within ten (10) calendar days of the denial. Pur- suant to RCW 84.14.090(6), an applicant may appeal the denial of an extension to the Hearing Examiner pur- suant to Chapter 2.13 BMC within fourteen (14) calen- dar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the Hearing Examiner shall be processed as a Type I Director decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the Hearing Examiner’s decision. The applicant may appeal the Hearing Examiner’s decision to the Kitsap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calen- dar days of receiving notice of that decision. (Ord. 4968 §1 (part), 2006) 3.78.090 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a certificate of occupancy, the appli- cant may request a final certificate of tax exemption by filing with the Director the following: (a) A statement of expenditures made with respect to each multifamily housing unit and the total expendi- tures made with respect to the entire property; (b) A description of the completed work and a statement of qualification for the exemption; and (c) A statement that the work was completed within the required three (3) year period or any autho- rized extension. (Ord. 4968 §1 (part), 2006) 3.78.100 ISSUANCE OF FINAL CERTIFICATE. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Director shall determine whether the specific improvements sat- isfy the requirements of the contract, application, and this chapter. (a) Granting of Final Certificate. If the Director determines that the project has been completed in accor- dance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County Assessor. (b) Denial and Appeal. The Director shall notify the applicant in writing that a final certificate will not be filed if the Director determines that: (1) The improvements were not completed within the authorized time period; (2) The improvements were not completed in accordance with the contract between the applicant and the City; or (Revised 4/07)3.78-4 (3) The owner’s property is otherwise not qualified under this chapter. Pursuant to RCW 84.14.090(6), an applicant may appeal a denial to the Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal application and fee with the Director. The appeal before the Hearing Examiner shall be pro- cessed as a Type I Director decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the Hearing Examiner’s decision. The applicant may appeal the Hearing Examiner’s decision to the Kit- sap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. (Ord. 4968 §1 (part), 2006) 3.78.110 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter for a period of ten (10) years, the property owner shall be required to file a notarized declaration with the Director indicating the following: (1) A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; (2) A certification that the property continues to be in compliance with the contract with the City and this chapter; and (3) A description of any subsequent improve- ments or changes to the property. (b) City staff shall also conduct on-site verifica- tion of the declaration. Failure to submit the annual dec- laration shall result in a review of the exemption per RCW 84.14.110. (Ord. 4968 §1 (part), 2006) 3.78.120 CANCELLATION OF TAX EXEMPTION. If the Director determines the owner is not comply- ing with the terms of the contract or this chapter, the tax exemption shall be canceled. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multifamily housing to another use, the owner shall notify the Director and the Kitsap County Assessor in writing within sixty (60) cal- endar days of the change in use. (a) Effect of Cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, the following taxes and penalties will apply: (1) Additional real property tax, plus interest, shall be imposed based upon the value of the nonquali- fying improvements. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements dated back to the date that the improvements were con- verted to a nonqualifying use. (2) A penalty shall be imposed amounting to twenty (20) percent of the value of the additional prop- erty tax plus interest. (3) The interest is calculated at the same stat- utory rate charged on delinquent property taxes from the dates on which the additional property tax could have been paid without penalty if the improvements had been assessed at full value without regard to this tax exemp- tion program. (4) The additional taxes, interest and penalties will become a lien on the land and attach at the time the property or portion of the property is removed from multifamily use or the amenities no longer meet applica- ble requirements. The lien has priority over and must be fully paid and satisfied before a recognizance, mort- gage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner pro- vided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest must be charged at the same rate applied by law to delinquent ad valorem property taxes. (b) Notice and Appeal. Pursuant to RCW 84.14.110(2), upon determining that a tax exemption is to be canceled, the Director shall notify the owner by mail, return receipt requested. The property owner may appeal the determination to the Hearing Examiner pur- suant to Chapter 2.13 BMC by filing a notice of appeal with the City Clerk within thirty (30) calendar days, specifying the factual and legal basis for the appeal. The Hearing Examiner will conduct a hearing under Chapter 20.02 BMC for a Process I action. An aggrieved party may appeal the Hearing Examiner’s decision to the Kit- sap County Superior Court under RCW 34.05.510 through 34.05.598. (Ord. 4968 §1 (part), 2006) 3.78.130 EXPIRATION OF APPLICATION PERIOD. The application period to apply for the tax exemp- tion provided for in this chapter expires December 31, 2011; however, all rights, privileges, duties and respon- sibilities provided for in this chapter shall remain in effect after this date for complete and qualifying appli- cations received by the City on or before December 31, 2011. (Ord. 4968 §1 (part), 2006) 3.78-5 (Revised 4/07) 6.32-1 (Revised 4/07) Chapter 6.32 NOISE LEVELS Sections: 6.32.010 DEFINITIONS. 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. 6.32.050 MEASUREMENT OF SOUND. 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. 6.32.070 VARIANCE PROCEDURE. 6.32.090 RIGHT TO APPEAL. 6.32.110 PUBLIC DISTURBANCE NOISES. 6.32.115 BELLS, CHIMES OR CARILLONS. 6.32.120 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. 6.32.010 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a) "Administrator" means the Mayor of the City of Bremerton or his or her designee. (b) "db(A)" means a sound level, measured in decibels, using the A frequency-weighing network of a sound-level meter. (c) "District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning ordinance, as follows: (d) "Emergency work" means: (1) Work made necessary to restore property to a safe condition following a public calamity; (2) Work required to protect persons or prop- erty from imminent exposure to danger; or (3) Work by private or public utilities for pro- viding or restoring immediately necessary utility service. (e) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (f) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transpor- tation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.) (g) "Noise" means the intensity, duration and char- acter of sounds from any and all sources. (h) "Person" means any individual firm, associa- tion, partnership, corporation or any other entity, public or private. (i) "Police officer" means a duly appointed city, county or State law enforcement officer. (j) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (k) "Receiving property" means real property within which sound originating from sources outside the property is received. (l) "Sound level" means a weighted sound pres- sure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. (m) "Sound level meter" means a sound-level mea- suring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. (n) "Weekend" means Saturday and Sunday or any legal holiday. (Ord. 4977 §2, 2006; Ord. 4915 §2, 2004; Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1, 1982) 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. (a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible noise level set forth below: Noise Control District Land Use Zones District I R-10, CCR, MR District II NB, BC, CC, WWRC, NCC, DCC, DW, DC, LC, EC, INST District III IP, I, CUL, WS, MI, FC (Revised 4/07)6.32-2 (b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I. (c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be exceeded for any receiving property by no more than: (1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or (2) Ten (10) dBA for a total of five (5) min- utes in any one (1) hour period; or (3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period. (d) Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (b) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the mainte- nance or repair of homes, grounds and appurtenances. ii. Sounds created by the discharge of firearms on authorized shooting ranges. iii. Sounds created by blasting. iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v. Sounds created by the installation or repair of essential utility services. (2) The following shall be exempt from the provisions of subsection (b). i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility. ii. Noise from existing industrial instal- lations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the State Department of Ecology. (3) The following shall be exempt from the provisions of subsections (a) and (b), except insofar as such provisions relate to the reception of noise within District I between the hours of 10:00 p.m. and 7:00 a.m. i. Sounds originating from temporary construction sites as a result of construction activity. ii. Sounds originating from forest har- vesting and silvicultural activity. (4) The following shall be exempt from all provisions of subsections (a) and (b): i. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii. Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) min- utes, or bells, chimes, and carillons. v. Sounds created by safety and protec- tive devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equip- ment and work necessary in the interests of law enforce- ment or for health safety or welfare of the community. vii. Sounds originating from motor vehi- cle racing events at existing authorized facilities. viii. Sounds originating from officially sanctioned parades and other public events. ix. Sounds emitted from petroleum refin- ery boilers during start-up of said boilers; provided, that the start-up operation is performed during daytime hours whenever possible. x. Sounds created by watercraft. xi. Sound created by the discharge of firearms in the course of hunting. xii. Sounds created by motor vehicles, licensed or unlicensed, when operated off public high- ways except when such sounds are received in District I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982) 6.32.050 MEASUREMENT OF SOUND. (a) If the measurements of sound are made with a sound-level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Sec- tion 1.4-1971 ANSI for Type II instruments. (b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be TABLE I District of Sound Source District Receiving Property Within the City of Bremerton I II III I 55 dB(A) 57 dB(A) 60 dB(A) II 57 dB(A) 60 dB(A) 65 dB(A) III 60 dB(A) 65 dB(A) 70 dB(A) 6.32-2.1 (Revised 4/07) taken at other locations or distances utilizing appropri- ate correction factors, as specified in the rules promul- gated by the Administrator. (c) Where a receiving party is partly within one (1) district and partly within another, the maximum permis- sible noise level at a point within the property 9.48-1 (Revised 4/07) Chapter 9.48 FIREWORKS Sections: 9.48.010 PERMIT - REQUIRED - FEE. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. 9.48.050 STATE STATUTE APPLICABILITY. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. 9.48.070 PENALTY FOR VIOLATION. 9.48.080 ENFORCING OFFICER DESIGNATED. 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. 9.48.010 PERMIT - REQUIRED - FEE. Application for all local fireworks permits required by the State fireworks law, Chapter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. (Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977) 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. A permit for the sale of fireworks shall be issued only upon the following terms and conditions: (a) The applicant shall have a valid and subsisting license issued by the State Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only. (b) The applicant shall have and keep in full force and effect a policy of insurance approved by the City’s Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. (c) The location of a proposed place of business shall comply with the zoning ordinances of the City. (d) The applicant shall provide a land lease agree- ment for the location of the proposed place of business signed by the land owner or his authorized representa- tive. (e) The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. (f) The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand. (g) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale. (h) No permit applications shall be processed or accepted after the first day of June of the year of sale. (i) The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars ($50.00). (Ord. 4973 §1 (part), 2006: Ord. 3370 §2, 1977) 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the writ- ten rules and regulations of the Fire Chief of the City. (b) Each fireworks stand shall have an adult (eigh- teen (18) years of age or older) in attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED." (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Reg- ulations for Retail Fireworks Stands by the Fire Chief. (Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977) 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE.* (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display autho- rized pursuant to the laws of the State of Washington. It shall not be legal to use or discharge fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "com- mon fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period. (b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Depart- ment in accordance with the Bremerton Municipal Code. (Revised 4/07)9.48-2 (c) The possession of any class or kind of fire- works in violation of the provisions of this chapter is prohibited. (Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. For- merly 9.48.050.) * Code reviser’s note: Section 2 of Ordinance 4973 provides that, pursuant to Chapter 70.77 RCW, the provisions of BMC 9.48.040 shall take effect and be in force on June 22, 2007, one year from the effective date of Ordinance 4973. 9.48.050 STATE STATUTE APPLICABILITY. This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. (Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977. Formerly 9.48.060.) 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substan- tial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 4973 §1 (part), 2006) 9.48.070 PENALTY FOR VIOLATION. Any person failing to comply with the provisions of this chapter, or rules or regulations of the Fire Chief of the City, shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both. Except that any person violating the provisions of BMC 9.48.060 shall be guilty of a gross misdemeanor and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000). A person is guilty of a separate offense for each day during which he or she commits or continues to permit a violation of the provisions of this chapter. (Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7, 1977) 9.48.080 ENFORCING OFFICER DESIGNATED. The Fire Chief of the City or his duly authorized representative is designated as the enforcing officer of this chapter. (Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §8, 1977) 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. The Fire Chief may at any time suspend or revoke any permit issued under this provision of this chapter, if the permittee has: (a) Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohib- ited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; (d) Has had any insurance coverage required by this chapter cancelled, revoked, or lapsed. (Ord. 4973 §1 (part), 2006: Ord. 4653, Added, 07/18/1999) 15.06-1 (Revised 4/07) 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. 4990 §1 (Exh. A), 2006; 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 4/07)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 4/07) Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits GENERAL FACILITY CHARGES Water (per meter size) 5/8" x 3/4" $2,452.00 $2,452.00 1" $6,129.00 $6,129.00 1-1/2" $12,259.00 $12,259.00 2" $19,613.00 $19,613.00 Greater than 2" Calculated Based on Usage Calculated Based on Usage Wastewater (per ERU) $3,712.00 $3,712.00 Stormwater (per ISU) $995.00 N/A CONNECTION/INSPECTION FEES Water Connection Fees 5/8" x 3/4" $1,787.00 $2,680.50 1" $1,926.00 $2,889.00 1-1/2" $3,021.00 $4,531.50 2" $3,837.00 $5,755.50 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water Main Extensions (per foot) $1.15 $1.73 but not less than: $427.00 $641.00 Pump Station $563.00 $845.00 Miscellaneous (per hour) $47.00 $71.00 Wastewater Connection Fees Lateral Connection at P/L $47.00 $71.00 Lateral Connection at Main $281.00 $422.00 Conveyance Facility Extensions (per foot) $1.56 $2.34 but not less than: $339.00 $509.00 Pump Station $563.00 $845.00 Miscellaneous (per hour) $47.00 $71.00 (Revised 4/07)15.06-A2 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $9.61 $14.42 1-inch $10.99 $16.49 1-1/2-inch $15.61 $23.42 2-inch $20.98 $31.47 3-inch $39.80 $59.70 4-inch $74.08 $111.00 6-inch $263.00 $394.00 8-inch $960.00 $1,439.00 10-inch $3,426.00 $5,138.00 12-inch $12,881.00 $19,322.00 Residential Commodity Charge (per HCF) 0 - 10 HCF/Month $1.04 $1.56 Over 10 HCF/Month $1.17 $1.76 Nonresidential Commodity Charge (per HCF) $1.13 $1.70 Fire Protection - Monthly Service Charge Service Size 1-inch $16.38 $24.57 1-1/2-inch $24.65 $36.98 2-inch $32.05 $48.08 3-inch $35.31 $52.97 4-inch $38.49 $57.74 6-inch $48.04 $72.06 8-inch $63.94 $95.91 10-inch $89.62 $134.00 12-inch $128.00 $192.00 Commodity Charge (per HCF) $2.25 $3.38 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $9.61 $14.42 Commodity Charge 0 - 5 HCF/Month No Charge No Charge 5 - 10 HCF/Month $1.04 $1.56 Over 10 HCF/Month $1.17 $1.76 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits 15.06-A3 (Revised 4/07) RETAIL WATER SERVICE RATES (Continued) Temporary/Construction Meter 1" Meter Deposit $150.00 $150.00 Base Fee (per month) $10.99 $16.49 Setup Fee $106.00 $106.00 Hydrant Meter (3" Meter) Deposit $1,000.00 $1,000.00 Base Fee (per month) $39.80 $59.70 Setup Fee $106.00 $106.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $1.13 $1.70 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) $0.57 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits (Revised 4/07)15.06-A4 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single-Family Base Charge (per account) $28.55 $32.83 Commodity Charge (per HCF) $3.83 $4.40 Duplex on 1 Meter or 2 Buildings on 1 Meter Base Charge (per unit) $22.61 $26.00 Commodity Charge (per HCF) $3.83 $4.40 Multifamily Base Charge (per unit) $22.61 $26.00 Commodity Charge (per HCF) $3.83 $4.40 Commercial I Base Charge (per account) $42.20 $48.53 Commodity Charge (per HCF) $3.94 $4.53 Commercial II Base Charge (per account) $42.93 $49.37 Commodity Charge (per HCF) $6.17 $7.10 Commercial III Base Charge (per account) $42.51 $48.89 Commodity Charge (per HCF) $5.05 $5.81 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $17.71 $20.37 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $3.83 $4.40 Septage Disposal (per gallon of tank capacity) $0.21 $0.21 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits 15.06-A5 (Revised 4/07) RETAIL STORMWATER RATES Monthly Service Charge Single-Family/Duplex Base Charge (per account) $7.76 N/A Exception: Duplex With 2 Meters (per account) $3.91 N/A Multifamily Base Charge (per ISU) $7.76 N/A Commercial Base Charge (per ISU) $7.76 N/A Public School Districts (per account) $7.76 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $4.74 N/A Multifamily and Commercial Rate Adjustment Water Quality (per ISU) $0.86 N/A Water Quantity (per ISU) $2.59 N/A Stormwater Penalty New Multifamily and Commercial Development without On-Site Detention Charge (per ISU) $1.73 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, 2007 Within Outside City Limits City Limits (Revised 4/07)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 $2,296.00 $3,444.00 8" and smaller - service to property line $4,885.00 $7,327.00 Greater than 8" x 8" Actual Time & Materials 150% of Actual Time & Materials *Does not include pavement restoration charge Fire Hydrant Installation* 8" x 6" and smaller service to property line $5,940.00 $8,910.00 Greater than 8" x 6" Actual Time & Materials 150% of Actual Time & Materials Water Meter Reinstallation 3/4" and 1" $75.00 $75.00 1-1/2" and 2" $121.00 $121.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation $50.00 $50.00 Water Meter Tampering Tampering Removal $185.00 $185.00 Tampering Reinstallation Actual Time & Materials Actual Time & Materials Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits 15.06-A7 (Revised 4/07) MISCELLANEOUS FEES AND CHARGES (Continued) Cross-Connection Control Inspection $50.00 $50.00 Fire Service - Detector, Meter and MXU $398.00 $398.00 Storz Adapter $225.00 $225.00 Water Service Turn-Off/Turn-On (customer request) Regular Hours $20.00 $20.00 After Hours $175.00 $175.00 Delinquency Notice $10.00 $10.00 Water Service Turn-Off/Turn-On (delinquent accounts) Regular Hours $50.00 $50.00 After Hours $175.00 $175.00 Flow and Pressure Test (uncertified) 3/4" and 1" meters only $50.00 $50.00 1-1/2" and 2" meters only $90.00 $90.00 Larger than 2" Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours N/C N/C After Hours $175.00 $175.00 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" and 1" $121.00 $121.00 1-1/2" and 2" $166.00 $166.00 3" or greater Actual Time & Materials Actual Time & Materials Engineering Services* Plan Check Fees Main Extensions (per foot) $0.26 $0.39 but not less than: $223.00 $335.00 (includes hydrants and appurtenances and connection to water system) Pump Stations $559.00 $839.00 Fireline Extension $90.00 $135.00 Irrigation Systems $90.00 $135.00 System Connections $90.00 $135.00 Miscellaneous (per hour) $47.00 $71.00 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2007 Within Outside City Limits City Limits (Revised 4/07)15.06-A8 MISCELLANEOUS FEES AND CHARGES (Continued) *Fees include original review and one resubmittal review Additional reviews will be charged at miscellaneous hourly rate (above) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development $346.00 N/A Nonresidential Development $240.00 N/A Plus per ISU $10.42 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $37.51 N/A 21 - 50 Lots $27.09 N/A 51 - 100 Lots $23.97 N/A 100+ Lots $20.84 N/A Minimum Charge $266.00 N/A Nonresidential Development Per ISU $20.84 N/A Minimum Charge $319.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $266.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) $15.63 N/A Nonresidential Development (per ISU) $15.63 N/A Minimum Charge $159.00 N/A Conveyance Facility Extensions (per foot) $0.83 N/A Minimum Charge $319.00 N/A Unscheduled Inspections* (per site visit) $47.00 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, 2007 Within Outside City Limits City Limits (Revised 4/07) Title 20 LAND USE* Chapters: Division I. Permitting 20.02 PROJECT PERMITS 20.04 STATE ENVIRONMENTAL POLICY ACT Division II. Land Development 20.10 COMPREHENSIVE PLAN AMENDMENTS 20.12 LAND DIVISION 20.14 CRITICAL AREAS 20.16 SHORELINE DEVELOPMENT 20.18 TEXT AMENDMENTS Division III. Zoning 20.40 ADMINISTRATION 20.42 DEFINITIONS 20.44 GENERAL DEVELOPMENT STANDARDS 20.46 SPECIAL DEVELOPMENT STANDARDS 20.48 OFF-STREET PARKING REQUIREMENTS 20.50 LANDSCAPING REQUIREMENTS 20.52 SIGN STANDARDS 20.54 NONCONFORMING PROVISIONS 20.58 LAND USE PERMITS 20.60 LOW DENSITY RESIDENTIAL (R-10) 20.62 COMMERCIAL CORRIDOR (CC) 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) 20.66 NEIGHBORHOOD CENTER CORE (NCC) 20.70 DISTRICT CENTER CORE (DCC) 20.74 BUSINESS CORE (BC) 20.75 DOWNTOWN CORE 20.76 DOWNTOWN WATERFRONT 20.78 CITY CORE RESIDENTIAL (CCR) 20.79 MULTIPLE RESIDENTIAL (MR) 20.80 MASTER DEVELOPMENT (MD) 20.82 NEIGHBORHOOD BUSINESS ZONE (NB) 20.84 LIMITED COMMERCIAL ZONE (LC) 20.86 FREEWAY CORRIDOR ZONE (FC) * Code reviser’s note: Ord. 4950 §1 provides as follows: "Title 20 of the Bremerton Municipal Code entitled "Subdivisions" is hereby recodified as Title 20, "Land Use," consisting of three parts: Division I entitled "Permitting," consisting of Chapters 20.02 and 20.04; Division II entitled "Land Development," consisting of Chapters 20.10 through 20.18; and Division III entitled "Zoning," consisting of Chapters 20.40 through 20.98." (Revised 4/07) 20.88 MARINE INDUSTRIAL (MI) 20.90 INDUSTRIAL PARK (IP) 20.92 EMPLOYMENT CENTER (EC) 20.94 INDUSTRIAL (I) 20.96 CITY UTILITY LANDS (CUL) 20.97 WATERSHED (WS) 20.98 INSTITUTIONAL (INST) ZONING MAPS 20.02-1 (Revised 4/07) Bremerton Municipal Code 20.02.020 Division I. Permitting Chapter 20.02 PROJECT PERMITS Sections: 20.02.010 PURPOSE AND INTENT. 20.02.020 DEFINITIONS. 20.02.030 GENERAL PROVISIONS. 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. 20.02.050 SUBMISSION REQUIREMENTS. 20.02.060 VESTING. 20.02.070 OPTIONAL CONSOLIDATED PERMITTING PROCESS. 20.02.080 PREAPPLICATION CONFERENCE. 20.02.085 DESIGN REVIEW. 20.02.090 DETERMINATION OF COMPLETENESS. 20.02.100 NOTICE OF APPLICATION. 20.02.110 NOTICE OF HEARING. 20.02.120 JOINT PUBLIC HEARING. 20.02.130 NOTICE OF DECISION. 20.02.140 APPEALS. 20.02.150 DEVELOPMENT AGREEMENT REVIEW PROCEDURES. 20.02.160 PLANNED ACTIONS. 20.02.010 PURPOSE AND INTENT. (a) Fundamental land use planning choices made in adopted Comprehensive Plans and development reg- ulations shall serve as the foundation for project review. This chapter establishes how the City of Bremerton will process applications for project permits. (b) These procedures provide for an effective pro- cessing and review of permits consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13 BMC (Administrative Hearing Examiner); Chapter 17.04 BMC (City Building Code); Chapter 20.04 BMC (State Environmental Policy Act); Chapter 20.12 BMC (Short Subdivisions and Plats); BMC Title 20, Division III; the Bremerton Shoreline Master Program; Chapter 20.14 BMC (Critical Areas); and other applicable codes making reference to this chapter. (Ord. 4938 §3 (part), 2005) 20.02.020 DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "City" means the City of Bremerton. "Closed-record appeal" means an administrative appeal on the record on a project permit application fol- lowing an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. "Days" means calendar days. "Department" means Department of Community Development. "Director" means the Director of the Department of Community Development of the City of Bremerton or his/her designee. "Hearing body" means the City Council, Hearing Examiner or any other body designated by the City Council to preside over an open-record hearing or closed-record appeal. "Hearing examiner" means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. "Open-record appeal hearing" means an open- record hearing held on an appeal when no open-record predecision hearing has been held on the project permit application. "Open-record hearing" means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open-record hearing held prior to the city’s decision shall be known as an "open-record predecision hearing." "Parties of record" means: (1) The applicant; (2) The property tax payer as identified by the records available from the Kitsap County Assessor’s Office; (3) Any person who testified at the open- record public hearing on the application; and/or (4) Any person who submitted written com- ments during administrative review or has submitted written comments concerning the application at the open-record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). "Project permit" or "project permit application" means any land use or environmental permit or license required from the city of Bremerton for a project action, including but not limited to building permits, site devel- opment permits, land use preparation permits, subdivi- sions, binding site plans, planned unit developments, conditional uses, shoreline substantial development per- mits, development plan review, site-specific rezones authorized by the Comprehensive Plan, but excluding adoption or amendment of the Comprehensive Plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsec- tion. (Revised 4/07)20.02-2 20.02.030 "Public meeting" means an informal meeting, hear- ing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, such as the short subdivision committee, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. "SEPA" means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 20.04 BMC. (Ord. 4938 §3 (part), 2005) 20.02.030 GENERAL PROVISIONS. (a) General Exemptions. The following permits or approvals are exempt from the procedures set forth in this chapter: (1) Landmark designations; (2) Street vacations; (3) Right-of-way/street use permits; (4) Permits or approvals relating to the use of public areas or facilities; (5) Permits or approvals involving the loca- tion or development of essential public facilities or util- ities; (6) Project permits not listed in this chapter which are categorically exempt from SEPA; (7) Legislative actions such as the adoption of or amendments to the Comprehensive Plan, subarea plans, area-wide map amendments, and development regulations. (b) Applicable Procedures. The Director shall determine the proper procedure for the processing of each project permit application pursuant to the provi- sions of this chapter. Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and Type IV is the highest. (c) Standard Consistency. The City reviews pro- posals for consistency to applicable development regu- lations and the Comprehensive Plan. This determination includes consideration of the following: (1) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied; (2) The density of development allowed such as units per acre or other measures of density; (3) Availability and adequacy of infrastruc- ture, which includes public facilities and services iden- tified in the Comprehensive Plan; and (4) Characteristics of the development such as development design standards. (d) Standard of Review. The land use regulations in effect on the date an application is vested will be the standard of review. (e) Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other City regulations, ordinances or resolutions, the more restrictive shall apply. (f) Severability. If any part or provision of this chapter or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operations to the part, provision, or appli- cation directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circum- stances. (g) General Notice Requirements. The available records of the Kitsap County Assessor’s Office shall be used to determine the property tax payer of record. All notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of a decision on a permit. (h) Optional Public Notice. In addition to required public notice, the City may provide notice to other indi- viduals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice shall not be grounds for invalidation of a decision on a permit. (Ord. 4938 §3 (part), 2005) 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the follow- ing provisions: (a) Type I Project Permits. These are administra- tive decisions by the Director who may approve, condi- tionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review completed in connection with another application or permit. Type I project permit pro- cessing procedures are set forth in Table 040 following this chapter. (b) Type II Project Permit. These are administra- tive decisions by the Director with limited public notice. The Director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 040 follow- ing this chapter. 20.02-3 (Revised 4/07) Bremerton Municipal Code 20.02.080 (c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing Examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 040 following this chapter. (d) Type IV Project Permit. These are decisions by the City Council after a closed-record hearing. The City Council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 040 following this chapter. (Ord. 4938 §3 (part), 2005) 20.02.050 SUBMISSION REQUIREMENTS. (a) Preconference Meeting. Type II, III and IV project permits require a preconference meeting before an application is submitted. Anyone choosing the con- solidated permit process set forth in BMC 20.02.070 also requires a preconference meeting. (b) Application Contents. An application submit- ted to the department shall be on forms, number of forms, and in a manner determined by the Director. Unless specified otherwise, an application shall at least include the following: (1) A completed application form; (2) A legal description of the property and associated tax account number; (3) A vicinity map showing the location of the property including surrounding major streets, shorelines and other reference points; (4) A site plan when physical changes will result from approval of the application; (5) When required, mailing labels containing the names and addresses of all owners of record of par- cels within the notification radius; (6) The names, addresses, and phone numbers of the applicant and all owners of the property, along with a signed letter or other verification of the owner(s) consent to the application; (7) When required, SEPA checklist and/or other environmental documentation; (8) Additional information required by the Director to support a decision on the application(s); (9) The application fee(s) for the permit(s) requested as set forth in Chapter 3.01 BMC or by other applicable rule or regulation. (Ord. 4938 §3 (part), 2005) 20.02.060 VESTING. A project permit application shall vest in the land use regulations in effect on the land at the time of sub- mission of a completed project permit application as defined herein and all application fees are paid. (Ord. 4938 §3 (part), 2005) 20.02.070 OPTIONAL CONSOLIDATED PERMITTING PROCESS. (a) An application which involves two (2) or more permits or procedures may have the processes consoli- dated under the highest project permit classification and procedures. The applicant shall request if they want their permit processes consolidated or if they want each permit processed individually. (b) If a project involving two (2) or more permits has the permits processed individually, the highest project permit classification and procedures shall be finalized before subsequent permits can be issued. The Director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation. (c) A single open-record hearing and no more than one closed-record appeal shall be provided on a consol- idated review process. The consolidated process may combine an open-record hearing on one or more permits with an open-record appeal hearing on the other permits. (Ord. 4938 §3 (part), 2005) 20.02.080 PREAPPLICATION CONFERENCE. (a) Purpose. The purpose of the preapplication conference is to acquaint the applicant with the review procedures and applicable Bremerton Municipal Code provisions to the proposal. Only one (1) meeting is required for all project permit applications related to the same project action. (b) Waiver. The Director may waive the require- ment for a preapplication conference when a proposal is determined not to be of a size and complexity to require a detailed analysis. (c) Submission. Preapplication conferences may be held at any time before an application is submitted. A completed form and related information in sufficient number of copies as determined by the Director are required. The information does not need to meet the sub- mission requirement set forth in BMC 20.02.050(b). (d) Timeline. The City shall hold the preapplica- tion conference within thirty (30) days of the receipt of a completed request, unless the applicant agrees to an extension of this time in writing. (e) Nonbinding. The preapplication conference is not intended to be an exhaustive review of all potential issues and the discussions shall not be binding or pro- hibit the enforcement of applicable laws. Failure to pro- vide all pertinent information may prevent the city from identifying all of the issues or providing the most effec- tive preapplication conference. (f) Lapse of Time. If a time lapse of more than one (1) year occurs between a preapplication conference and the submission for permits, or if the Director determines the scope of the project has changed significantly from (Revised 4/07)20.02-4 20.02.085 the preapplication conference, a new conference may be required. (Ord. 4938 §3 (part), 2005) 20.02.085 DESIGN REVIEW. Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved, as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. (b) Conceptual Design Conference. Before sub- mitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within thirty (30) days of written request by the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages of the project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines per- tain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed develop- ment based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. (c) Application. Following the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (d) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within sixty (60) cal- endar days. The Director shall provide public notice of the design response conference per the requirements of BMC 20.02.100. (e) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present the proposed project and demonstrate its consis- tency with the design guidelines as discussed in the con- ceptual design conference to the Board. The Board will consider the information presented and make a formal recommendation to the Director for project approval, approval with conditions, or denial. The Board may con- tinue the conference if necessary to gather additional information necessary for its recommendation. If the conference is continued to a specific date, no further public notice is required; otherwise notice of continu- ance shall be mailed to all parties participating in the design response conference. (f) Approval. Approval of a building permit that is subject to Board review is a Type II Director decision; however, the Board’s recommendation shall hold sub- stantial weight. After reviewing the Board recommen- dation, the Director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the Board’s recommendation shall be documented in the Director’s findings and conclu- sions. The decision of the Director may be appealed per the provisions of BMC 20.02.140. (Ord. 4981 §2, 2006) 20.02.090 DETERMINATION OF COMPLETENESS. When review procedures require a determination of completeness, the following shall apply: (a) Determination. Within twenty-eight (28) days of accepting the application, the department shall pro- vide a written determination to the applicant, stating that: (1) The application is complete; or (2) The application is incomplete and what is necessary to make the application complete. To the extent known, the City shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application. (b) Failure to Notify. Failure to provide a written determination within the required time shall automati- cally deem the application complete. (c) Processing. A complete application meets the submission requirements set forth in BMC 20.02.050(b) and is sufficient for continued processing. The determi- nation of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur. (d) Incomplete Application. An incomplete appli- cation shall have ninety (90) days from the date of the written determination in subsection (a)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the applica- tion shall lapse. (e) Review of Additional Information. When addi- tional information for an incomplete application is received, the City shall notify the applicant within four- teen (14) days of receipt of the additional information 20.02-4.1 (Revised 4/07) Bremerton Municipal Code 20.02.100 whether the application is complete or what additional information is necessary. (f) Review Timeline. Following the date an appli- cation is determined complete, the date shall be noted and the one hundred twenty (120) day official review period to render a decision shall begin. (Ord. 4977 §3, 2006; Ord. 4938 §3 (part), 2005) 20.02.100 NOTICE OF APPLICATION. When review procedures require a notice of appli- cation, the following shall apply: (a) Timeline. The notice shall be provided within fourteen (14) days after the determination of complete- ness is issued. (b) Content. The notice of application shall include the following: (1) The file number assigned; (2) The date of application, date of the notice of completeness, and the date of the notice of applica- tion; (3) A description of the proposed project action and a list of permits included with the application and, if applicable, a list of requested studies; (4) Identification of known permits not included with the application; (5) Identification of existing environmental documents that evaluate the proposal; (6) The location where the application and any studies can be reviewed; (7) A statement of the public comment period and which shall not be less than fourteen (14) or more than thirty (30) days; (8) A statement of the rights of any person to comment on the application, receive notice of and par- ticipate in any hearings, request a copy of the decision and any appeal rights; (9) Any other information determined appro- priate by the city. (c) Legal Notice. Notice shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by first class or higher mail to the following: (i) The applicant; (ii) Affected city departments; (iii) State, federal and local agencies with jurisdiction; and (iv) Any person who requests such notice in writing to the Department. (2) Posting of the Property. Notice shall be posted according to the following: (i) At least one (1) location on or adja- cent to the subject property and that shall be clearly vis- ible and legible from an adjacent street or public area; (ii) The Director shall determine the specifications to the construction and installation of the notice boards. (3) Publishing Notice. A published notice in the City’s official newspaper of general circulation within the City boundaries is required. The content shall include the following: (i) Project location; (ii) Project description; (iii) Type of permit(s) required; (iv) Comment period and dates; (v) Location where the complete applica- tion may be viewed. (d) Integration of Notices. The City will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determi- 20.02-7 (Revised 4/07) 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 4/07)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) Building and other construction permits Yes No No No (4) Clearing less than two (2) acres of forest No No No No (5) Demolition permit (exempt from SEPA) No No No No (6) Final planned unit development No No No No** 20.02-9 (Revised 4/07) Bremerton Municipal Code * 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) Fill and grading permit (exempt from SEPA) No No No No (8) Home occupation permit No No No No (9) Landscaping or alternative landscaping plan No No No No (10) Minor amendment to an approved preliminary plat No No No No (11) Minor amendment to an approved preliminary PUD No No No No (12) Minor amendment to other permits not listed No No No No (13) Nonconforming use determinations No No No No (14) Type I permit or approval revocation No No No No (15) Recreational vehicle ninety (90) day permit No No No No (16) Sign permit No No No No (17) Site plan review (exempt from SEPA)* Yes No No No (18) Temporary emergency wetland or stream permits No No No No (19) Modification of critical areas standards (exempt from SEPA)*** No No No No (20) Final short subdivision No No No No (21) Final binding site plan 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) Preliminary 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) Preliminary 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 or design review) 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 4/07)20.02-10 * The Hearing Examiner holds the open-record hearing and provides a recommendation to the City Council. ** A final subdivision will be decided at an open public meeting; a public hearing was conducted during the preliminary subdivision phase and is not required for final approval. (Ord. 4981 §3 (Exh. A), 2006; Ord. 4980 §2 (Exh. A), 2006: 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 formal 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 formal subdivision** No No No No (3) Development agreement Yes No No No (4) Vacation of subdivision Yes Yes Yes Yes 20.04-7 (Revised 4/07) Bremerton Municipal Code 20.04.230 health or safety, or other undesirable and unintended consequences; (iv) Preserve important historic, cultural and natural aspects of our national heritage; (v) Maintain, wherever possible, an envi- ronment which supports diversity and variety of individ- ual choice; (vi) Achieve a balance between popula- tion and resource use which will permit high standards of living and a wide sharing of life’s amenities; and (vii)Enhance the quality of renewable resources and approach the maximum attainable recy- cling of depletable resources. (2) The City recognizes that each person has a fundamental and inalienable right to a healthful environ- ment and that each person has a responsibility to con- tribute to the preservation and enhancement of the environment. (e) Applications not requiring a final decision by the City Council that are conditioned or denied on the basis of SEPA by a nonelected official shall be appeal- able to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. Such appeal may be perfected by appellant by giving notice to the responsible official within ten (10) days of the decision being appealed. The hearing before the Hearing Examiner shall be an open- record appeal. However, the decision of the SEPA Offi- cial shall be presumed correct. (Ord. 4950 §5 (part), 2005: Ord. 4798, Amended, 05/10/2002; Ord. 4778, Amended, 11/05/2001; Ord. 3934 Art. 7 §B, 1984) 20.04.210 APPEALS. (a) The City establishes the following administra- tive appeal procedures under RCW 43.21C.075 and WAC 197-11-680: (1) Any agency or person may appeal the City’s procedural compliance with Chapter 197-11 WAC for issuance of the following (the appeal must be made to the Administrative Hearing Examiner within ten (10) days of the date of issuance): (i) A final DNS; (ii) A DS. (2) For any appeal under this section, the City shall provide for a record that shall consist of the follow- ing: (i) Findings and conclusions; (ii) Testimony under oath; and (iii) A taped or written transcript. (3) The procedural determination by the City’s responsible official shall carry substantial weight in any appeal proceeding. (b) The City shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 4977 §4, 2006; Ord. 4950 §5 (part), 2005: Ord. 4778, Amended, 11/05/2001; Ord. 3934 Art. 7 §C, 1984) 20.04.220 NOTICE OF ACTION - STATUTE OF LIMITATIONS. (a) The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. (b) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 7 §D, 1984) 20.04.230 PURPOSE OF ARTICLE VIII - ADOPTION OF WAC PROVISIONS BY REFERENCE. This article contains uniform usage and definitions of terms under SEPA. The City adopts the following sections of Chapter 197-11 WAC by reference, as sup- plemented by WAC 173-806-040: WAC 197-11-700 - Definitions. 702 Act. 704 Action. 706 Addendum. 708 Adoption. 710 Affected tribe. 712 Affecting. 714 Agency. 716 Applicant. 718 Built environment. 720 Categorical exemption. 722 Consolidated appeal. 724 Consulted agency. 728 County. 730 Decision maker. 732 Department. 734 Determination of nonsignificance (DNS). 736 Determination of significance (DS). 738 EIS. 740 Environment. 742 Environmental checklist. 744 Environmental document. 746 Environmental review. 748 Environmentally sensitive area. 750 Expanded scoping. 752 Impacts. 754 Incorporation by reference. 756 Lands covered by water. 758 Lead agency. 760 License. 762 Local agency. (Revised 4/07)20.04-8 20.04.240 764 Major action. 766 Mitigated DNS. 768 Mitigation. 770 Natural environment. 774 Nonproject. 776 Phased review. 778 Preparation. 780 Private project. 782 Probable. 784 Proposal. 786 Reasonable alternative. 790 SEPA. 792 Scope. 793 Significant. 796 State agency. 797 Threshold determination. 799 Underlying governmental action. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 8 §A, 1984) 20.04.240 ADOPTION OF WAC PROVISIONS BY REFERENCE. The City adopts sections of Chapter 197-11 WAC by reference, the following rules for categorical exemp- tions, as supplemented in this chapter, including Section B (Use of exemptions), and WAC 173-806-190 (Envi- ronmentally sensitive areas): WAC 197-11-800 - Categorical exemptions. 880 Emergencies. 890 Petitioning DOE to change exemptions. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 9 §A, 1984) 20.04.250 PURPOSE OF ARTICLE X - ADOPTION OF WAC PROVISIONS BY REFERENCE. This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following sections of Chapter 197-11 WAC by reference, through WAC 173-06-053 and this article: WAC 197-11-900 - Purpose of this part. 902 Agency SEPA policies. 916 Application to ongoing actions. 920 Agencies with environmental expertise. 922 Lead agency rules. 924 Determining the lead agency. 926 Lead agency for governmental proposals. 928 Lead agency for public and private proposals. 930 Lead agency for private projects with one agency with jurisdiction. 932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a City. 934 Lead agency for private projects requiring licenses from a local agency, not a county and one or more state agencies. 936 Lead agency for private projects requiring licenses from more than one state agency. 938 Lead agencies for specific proposals. 940 Transfer of lead agency status to a state agency. 942 Agreements on lead agency status. 944 Agreements on division of lead agency duties. 946 DOE resolution of lead agency disputes. 948 Assumption of lead agency status. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 10 §A, 1984) 20.04.260 ENVIRONMENTALLY SENSITIVE AREAS. (a) The Planning Director shall designate environ- mentally sensitive areas under the standards of WAC 197-11-908, and shall file maps designating such areas, together with the exemptions from the list in WAC 197- 11-908 that are inapplicable in such areas, with the Plan- ning Department and the Department of Ecology, Head- quarters Office, Olympia, Washington. The environmentally sensitive area designations shall have full force and effect of law as of the date of filing. (b) The City shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, mak- ing a threshold determination for all such proposals. The City shall not automatically require an EIS for a pro- posal merely because it is proposed for location in an environmentally sensitive area. (c) Certain exemptions do not apply on lands cov- ered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 10 §B, 1984) 20.04.270 FEES. The City shall require fees for its activities in accor- dance with the provisions of this chapter. Those fees shall be established, from time to time, by City Council resolution. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 10 §C, 1984) 20.10-1 (Revised 4/07) Bremerton Municipal Code 20.10.050 Division II. Land Development Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS Sections: 20.10.010 ANNUAL AMENDMENTS. 20.10.020 APPLICATIONS. 20.10.030 TIME OF FILING. 20.10.040 SUSPENSION OF APPLICATIONS. 20.10.050 AMENDMENTS OUTSIDE THE ANNUAL 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 ANNUAL AMENDMENTS. The City Council shall consider amendments to the Bremerton Comprehensive Plan no more than once each calendar year, except as provided in BMC 20.10.050. (Ord. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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 end of the first business day of April. Applications shall be submitted on forms prescribed by the Depart- ment. Incomplete applications will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next calendar year amendment process. The Director of Community Development may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late applica- tion will not have a significant impact on the processing of the pending applications. (Ord. 4994 §1 (part), 2006: 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 calendar year. However, in no case shall the amendment process be suspended for two (2) consecutive calendar years. (Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the Comprehensive Plan outside the annual 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) Planned Actions. The adoption of Comprehen- sive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); 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 annual amendment process even though such emergency amendment results in a Com- prehensive Plan amendment more frequently than once per year. Prior to considering an emergency amend- ment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amend- ments: (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 (Revised 4/07)20.10-2 20.10.060 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 direction. (Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.060 SEPA REVIEW. After April 1st of each calendar year, the City’s responsible official shall review the cumulative envi- ronmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Envi- ronmental Policy Act (SEPA). If the responsible official determines that a draft final or supplemental environ- mental impact statement (EIS) or other appropriate 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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.12-1 (Revised 4/07) Bremerton Municipal Code 20.12.040 Chapter 20.12 LAND DIVISION Sections: 20.12.010 PURPOSE. 20.12.020 APPLICABILITY. 20.12.030 EXEMPTIONS. 20.12.040 DEFINITIONS. 20.12.050 ADMINISTRATION. 20.12.060 GENERAL PROVISIONS. 20.12.070 SURVEY REQUIREMENTS. 20.12.080 SUBDIVISION CATEGORIES. 20.12.090 REVIEW PROCEDURES AND APPROVALS. 20.12.100 APPROVAL CRITERIA - PRELIMINARY SUBDIVISION. 20.12.110 SUBMITTAL REQUIREMENTS - PRELIMINARY SUBDIVISION. 20.12.120 APPROVAL CRITERIA - FINAL SUBDIVISION. 20.12.130 SUBMITTAL REQUIREMENTS - FINAL SUBDIVISION. 20.12.140 MODIFICATIONS TO PRELIMINARY SUBDIVISION APPROVAL. 20.12.150 RECORDING FINAL SUBDIVISIONS. 20.12.160 EXPIRATION OF FINAL SUBDIVISION APPROVALS. 20.12.170 SUBDIVISION VESTING. 20.12.180 VIOLATION - PENALTY. 20.12.010 PURPOSE. These regulations are for the purpose of regulating the subdivision of land and support the rights of prop- erty owners to develop their property while protecting the public health, safety and general welfare of the com- munity, to establish procedures for the subdivision and resubdivision of land in order to further the orderly lay- out and use of land, to guide the future growth and development of the community in accordance with the goals, objectives and policies of the City’s Comprehen- sive Plan, and to ensure compliance with the City’s development and engineering requirements. (Ord. 4980 §1 (part), 2006) 20.12.020 APPLICABILITY. (a) This chapter shall apply to all divisions of lands including short subdivisions, formal subdivisions, and binding site plans hereafter established within the incorporated areas of the City of Bremerton. (b) This chapter is applied in conjunction with Chapter 2.13 BMC, Administrative Hearing Examiner; Chapter 20.02 BMC, Project Permits; Chapter 20.04 BMC, State Environmental Policy Act; BMC Title 20, Division III, Zoning; the Bremerton Shoreline Master Program; Chapter 20.14 BMC, Critical Areas; and other applicable codes referencing this chapter. (Ord. 4980 §1 (part), 2006) 20.12.030 EXEMPTIONS. The provisions of this chapter do not apply to the exemptions specified in the State law, including but not limited to: (a) Cemeteries and other burial plots while used for that purpose. (b) Divisions of land made by testamentary provi- sions, or the laws of descent. (c) A division of land for the purpose of lease when no residential structure, other than mobile homes or travel trailers, are to be placed upon the land. (d) Division of land due to condemnation or sale under threat thereof by an agency or division of govern- ment vested with the power of condemnation. (e) A division of land into lots or tracts of less than three (3) acres that is recorded in accordance with Chap- ter 58.09 RCW (Survey Recording Act) and is used or to be used for the purpose of establishing a site for con- struction and operation of consumer-owned or investor- owned electric utility facilities. The exemption only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. "New customers" are defined as electric service locations not already in exist- ence as of the date that electric utility facilities subject to the provisions of this section are planned and con- structed. (f) A division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. (g) A division of land for the purpose of dedicating to the public such tracts of lands for open spaces, drain- age ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sani- tary wastes and other general purposes that may be required to protect the public health, safety and welfare. (h) Condominiums, pursuant to RCW 58.17.040. (Ord. 4980 §1 (part), 2006) 20.12.040 DEFINITIONS. The following definitions apply to this chapter and they should be used in conjunction with other defini- tions found in BMC Title 20. However, these definitions are not intended to replace or alter similar definitions found elsewhere within the Bremerton Municipal Code except when specifically applied to the provisions of this chapter. (Revised 4/07)20.12-2 20.12.040 "Auditor, County" means the person defined in Chapter 36.22 RCW or the office of the person assigned such duties under the Kitsap County Charter. "Binding site plan" means a drawing to a scale specified by this chapter which: (a) identifies and shows the areas and locations of all streets, roads, improve- ments, utilities, open spaces, and any other matters spec- ified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions mak- ing any development be in conformity with the site plan. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. "Bond" means a satisfactory security to insure per- formance and/or warranty. "Buildable lot" means a tract or parcel of land, legally created, which is intended for use for the place- ment of structures separate from other parcels. "City" means the City of Bremerton. "Comprehensive Plan" means the City of Bremer- ton Comprehensive Plan as adopted and amended. "Concurrency" means the requirement that devel- opment applications demonstrate that adequate public facilities be available at prescribed levels of service con- current with the impact or occupancy of development as defined in the City’s Comprehensive Plan. "Day(s)" means calendar days and includes Mon- day through Sunday and all holidays. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. "Department" means the City of Bremerton Com- munity Development Department. "Director" means the City of Bremerton Director of Community Development and/or his/her designee. "Division of land" means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title that alters or affects the shape, size or legal description of any part of the owner’s land. "Electric utility facilities" means unstaffed facilities except for the presence of security personnel that are used for or in connection with, or to facilitate the trans- mission, distribution, sale, or furnishing of, electricity including, but not limited to, electric power substations. "Hearing Examiner" means the person appointed by the Mayor, with the powers and duties prescribed in Chapter 2.13 BMC. "Lot" means a fractional part of divided lands hav- ing fixed boundaries being of sufficient area and dimen- sion to meet the minimum and maximum underlying zoning district requirements for width, area and street frontage. The term shall include tracts or parcels. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures. "Plat" means a map or representation of a subdivi- sion, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divi- sions and dedications. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, sub- division or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property. "Plat, final" means the final drawing of the subdivi- sion and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this chapter and Chapter 58.17 RCW. "Plat, formal" means the map or representation of a formal subdivision. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other ele- ments consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision. "Plat, short" means the map or representation of a short subdivision. "State Environmental Policy Act (SEPA)" means environmental review procedures required under Chap- ter 43.21C RCW, Chapter 197-11 WAC and Chapter 20.04 BMC. "Subdivision" means the division or redivision of land through short subdivision, formal subdivision, or binding site plan. "Subdivision, formal" means the division or redivi- sion of land into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or trans- fer of ownership. "Subdivision, short" means the division or redivi- sion of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or trans- fer of ownership. "Title notice" means a written notice attached to the title of a parcel of land by the property owner at the request of the City of Bremerton with a recording of said notice at the Kitsap County Auditor’s Office per a legal description of said parcel for the purpose of notifying the property owner or future property owner of particu- 20.12-3 (Revised 4/07) Bremerton Municipal Code 20.12.080 lar circumstances related to said parcel such as warning statement(s), limitation(s), restriction(s) or other. "Title report" means the written analysis of the sta- tus of title to real property, including a property descrip- tion, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due. "Tract" means land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots nor considered as building sites. (Ord. 4980 §1 (part), 2006) 20.12.050 ADMINISTRATION. The Director is vested with the duty of administer- ing and implementing the provisions of this chapter. (Ord. 4980 §1 (part), 2006) 20.12.060 GENERAL PROVISIONS. (a) Submittal. All applications made pursuant to this chapter shall be to the Department. (b) Minimum Requirements. The provisions set forth in this chapter shall constitute the minimum requirements necessary to promote the public health, safety, and general welfare. (c) Preliminary Consultation. Any person who desires to subdivide land within the boundaries of the City should consult with the Department at an early date to become familiar with the requirements of this chapter and for assistance in understanding the engineering requirements and the construction standards of the City. (d) Compliance. Whenever any parcel of land is divided into two (2) or more lots, no person, firm, cor- poration or agents of them shall sell, transfer or adver- tise for sale or transfer any such lot without having a subdivision recorded unless preliminary subdivision approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the recording of the final plat pursuant to RCW 58.17.205. (e) Critical Areas Environmental Consideration. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards, geological hazards and wildlife habitats shall not be subdivided or have lot lines adjusted unless adequate safeguards are provided as pre- scribed in Chapter 20.14 BMC, Critical Areas. (f) Critical Areas Notice on Title. When a critical area is verified on a property by an assessment or delin- eation, a notice of its presence shall be recorded by the applicant at the office of the Kitsap County Auditor. The notice may be on the face of a subdivision, or it may be on a form specified by the Department. The notice shall be notarized and proof must be submitted that the notice was legally recorded before final approval for develop- ment is issued. The notice shall run with the land and failure to record such notice shall be in violation of this chapter. (g) Fees. The applicant shall pay a fee according to the fee schedule set forth in Chapter 3.01 BMC, which shall accompany the application. (h) Bonding of Improvements. In lieu of the com- pletion of the actual construction of any required improvements prior to the approval of a final subdivi- sion, the City may accept a bond providing for and securing the actual construction and installation of such improvements within a period specified by the City. In addition, the City may provide for methods of security, including the posting of a bond securing the successful operation of improvements for up to two (2) years after final approval. (i) Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected. (Ord. 4980 §1 (part), 2006) 20.12.070 SURVEY REQUIREMENTS. (a) A Washington State licensed land surveyor registered pursuant to Chapter 18.43 RCW shall pre- pare, stamp, and seal all proposed subdivisions. (b) A survey is required for all final approvals of subdivisions and shall meet the survey standards of Chapter 58.09 RCW and Chapter 332-130 WAC. (c) The surveyor shall certify on the final docu- ment to be recorded that it is a true and correct represen- tation of the lands actually surveyed. (d) Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the face of the subdivi- sion. "Discrepancy" means: (1) a boundary hiatus; (2) an overlapping boundary; or (3) a physical appurte- nance, which indicates encroachment, lines of posses- sion, or conflict of title. (Ord. 4980 §1 (part), 2006) 20.12.080 SUBDIVISION CATEGORIES. When reference to "subdivision" is made in this code, it is intended to refer to "short subdivision," "for- mal subdivision," "and "binding site plan" unless one is specified. (a) Short subdivision: a subdivision of nine (9) or fewer lots. Land within a short subdivision may not be further divided in any manner within a period of five (5) years without filing of a final plat, except the original owner may file an alteration within five (5) years to cre- ate up to a total of nine (9) lots within the original plat boundaries. (b) Formal subdivision: a subdivision of ten (10) or more lots. (c) Binding site plan: a land division for commer- cial and/or industrial developments. (Ord. 4980 §1 (part), 2006) (Revised 4/07)20.12-4 20.12.090 20.12.090 REVIEW PROCEDURES AND APPROVALS. Each subdivision type is processed as a different action "type" as described in Chapter 20.02 BMC, Table 040, Project Permit Processing Procedures, and summa- rized as follows: (a) Subdivision. Approval of all subdivisions requires a four (4) step process: approval of a prelimi- nary subdivision, installation or bonding of required improvements, approval of the final subdivision, and recording of the subdivision with the Kitsap County Auditor. (1) Short Subdivision. (i) A preliminary short subdivision - Type II Director decision. (ii) A final short subdivision - Type I Director decision. a. The final short subdivision shall be submitted to the Director within five (5) years of the date that the preliminary approval became final or the short subdivision shall become null and void. (2) Formal Subdivision. (i) A preliminary formal subdivision - Type III Hearing Examiner decision. (ii) A final formal subdivision - Type IV City Council decision. a. The final formal subdivision shall be submitted to the Director within five (5) years of the date that the preliminary approval became final or the formal subdivision shall become null and void. b. The following signatures on the final plat Mylar are required before the Director can submit the final plat to the City Council: i. Director. Whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedica- tion. ii. City Engineer. Whose signature approves the layout of streets, alleys and other rights-of- way, design of bridges, sewage and water systems and other structures. Additionally, the City Engineer’s sig- nature approves the adequacy of the proposed means of sewage disposal and water supply if City services are provided. iii. Kitsap County Health District. Whose signature approves the adequacy of the proposed means of sewage disposal and water supply if City ser- vices are not provided. iv. Kitsap County Treasurer. Whose signature confirms a statement that all taxes and delin- quent assessments for which the property may be liable as of the date of certification have been duly paid, satis- fied or discharged. v. Property Owner. Whose signa- ture confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner(s). (3) Binding Site Plan. (i) A preliminary binding site plan - Type II Director decision. (ii) A final binding site plan - Type I Director decision. a. The final binding site plan shall be submitted to the Director within two (2) years of the date that the preliminary approval became final or the binding site plan shall become null and void. b. The following signatures on the binding site plan Mylar are required before the Director can approve the final binding site plan: i. City Engineer. Whose signature approves the layout of streets, alleys and other rights-of- way, design of bridges, sewage and water systems and other structures. Additionally, the City Engineer’s sig- nature approves the adequacy of the proposed means of sewage disposal and water supply if City services are provided. ii. Kitsap County Health District. Whose signature approves the adequacy of the proposed means of sewage disposal and water supply if City ser- vices are not provided. iii. Kitsap County Treasurer. Whose signature confirms a statement that all taxes and delin- quent assessments for which the property may be liable as of the date of certification have been duly paid, satis- fied or discharged. iv. Property Owner. Whose signa- ture confirms a statement that the division of land has been made with the free consent and in accordance with the desires of the owner(s). (Ord. 4980 §1 (part), 2006) 20.12.100 APPROVAL CRITERIA - PRELIMINARY SUBDIVISION. The following criteria shall be used to review and approve preliminary short subdivisions, formal subdivi- sions, and binding site plans: (a) The subdivision is in conformance with the Comprehensive Plan, Shoreline Master Program, and any other City-adopted plans; (b) Provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current stan- dards and plans as adopted in City code or ordinance; (c) Provisions have been made for roads, utilities, street lighting, street trees and other improvements that are consistent with the zoning code and Engineering Standards; 20.12-5 (Revised 4/07) Bremerton Municipal Code 20.12.110 (d) Provisions have been made for dedications, easements and reservations; (e) The design, shape and orientation of the pro- posed lots are appropriate to the proposed use. In addi- tion to meeting the minimum lot size density requirement, each residential lot must provide a build- ing envelope. Therefore, corner lots, lots with ease- ments, or lots with environmental constraints may have to be larger than other lots in the subdivision; (f) The subdivision complies with the relevant requirements of the zoning code and all other relevant local regulations; (g) Appropriate provisions are made to address all impacts identified by any special reports that have been prepared; (h) Appropriate provisions for maintenance and monitoring of privately owned common facilities have been made; (i) Appropriate provisions, in accordance with RCW 58.17.110, are made for: (1) The public health, safety, and general wel- fare and for such open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (2) The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 4980 §1 (part), 2006) 20.12.110 SUBMITTAL REQUIREMENTS - PRELIMINARY SUBDIVISION. An applicant seeking approval of a short subdivi- sion, formal subdivision, or binding site plan must sub- mit a complete application requesting approval. It is the responsibility of the applicant to provide all of the nec- essary information before the application is processed. In conjunction with the appropriate fee, a complete application for a preliminary subdivision approval shall contain, but is not limited to, the following: (a) Application Form and Project Narrative Description. Application shall be made on the appropri- ate forms prescribed by the Department and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof they represent the legal interests of the property owner. The application shall contain each of the following: (1) The name, address and telephone number of the applicant and person(s) to be contacted; (2) The Kitsap County Assessor’s tax identifi- cation number; (3) The name, address and telephone number of the owner(s) of the property; (4) Address or location of the property to be subdivided; (5) Legal description of the property; (6) The name of the school district serving the development; (7) The existing zone classification; (8) The existing shoreline environmental des- ignation if any land is within two hundred (200) feet of the shoreline; (9) Approximate project site lot area in acres; (10)The range of lot sizes in square feet. (b) Preliminary Plan. Seven (7) copies of the pre- liminary plat/short plat/binding site plan drawn to scale. The preliminary plan shall contain the following illus- trations (multiple sheets may be used in order to provide clarity): (1) Location of the site by section, township, range; (2) North arrow, scale and the boundary of the lands being subdivided; (3) Approximate boundaries of all blocks, the designation of lots, lot lines, and dimensions; (4) The name of any adjacent subdivisions; (5) The approximate location, names and width of all existing and proposed streets, roads and access easements within the boundaries of the lands being subdivided and adjacent lots; (6) The location of existing and proposed improvements such as stormwater facilities, sidewalks, utilities, power poles, etc., within the boundaries of the lands being subdivided and adjacent lots; (7) The location of transit stops within one hundred (100) feet of the boundaries of the lands being divided; (8) All existing and/or proposed easements or divisions proposed to be dedicated for any public pur- pose or for the common use of the property owners of the lands being subdivided; (9) A full and correct description of the lands being subdivided; (10)Approximate location of existing struc- tures, septic tanks, drain fields, wells and other improve- ments located on the site and whether such structures are proposed to remain on the property; (11)Shorelines, streams, wetlands, wildlife habitats and geologically hazardous areas as defined in Chapter 20.12 BMC, Critical Areas, and the Shoreline Master Program; (12)Topographical information showing gen- eral slope information when existing slopes are greater than ten (10) percent. (Revised 4/07)20.12-6 20.12.120 (c) Reduced Preliminary Plan. An eleven (11) inch by seventeen (17) inch reproducible copy of the prelim- inary site plan containing the information prescribed in BMC 20.12.110(b). (d) Vicinity Map. A copy of the Kitsap County Assessor’s map showing the location of the existing par- cel number of all abutting properties and the approxi- mate location of the subject property clearly marked. (e) Title Report. A title report issued within thirty (30) days of application, showing all persons having an ownership interest, a legal description describing exte- rior boundary of application site and listing all encum- brances affecting the site. (f) Notice. Public notice packet as required by the corresponding application. (g) SEPA. Environmental (SEPA) checklist if the division of land is not exempt under WAC 197-11-800. (h) Water and Sewer Availability. Information on the availability of sewer and water services from the City Public Works Department or Kitsap County Health District. (i) Other Information. Any related information and/or studies (including but not limited to stormwater report, traffic study, or geotechnical report) required by other provisions of the Bremerton Municipal Code, identified in the presubmittal conference meeting, or deemed necessary by the Director. (Ord. 4980 §1 (part), 2006) 20.12.120 APPROVAL CRITERIA - FINAL SUBDIVISION. The following criteria shall be used to review and approve final subdivisions: (a) Conforms to all terms of the preliminary subdi- vision approval; (b) Meets all zoning and engineering require- ments; (c) Meets all requirements of this chapter; (d) Meets all applicable local and State laws that were in effect at the time of vesting; and (e) Improvements have been constructed or bonded at one hundred fifty (150) percent of estimated construction value. (Ord. 4980 §1 (part), 2006) 20.12.130 SUBMITTAL REQUIREMENTS - FINAL SUBDIVISION. An applicant seeking final approval of a short sub- division, formal subdivision, or binding site plan must submit a complete application requesting approval. It is the responsibility of the applicant to provide all of the necessary information before the application is pro- cessed. In conjunction with the appropriate fee a com- plete application for a final subdivision approval shall contain, but is not limited to, the following: (a) Application Form. Application shall be made on the appropriate forms prescribed by the Department and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof they represent the legal interests of the property owner. (b) Final Plan. The final plan shall be an original that is legibly drawn in black ink on Mylar and is suit- able for producing legible prints through scanning, microfilming or other standard copying procedures. The map shall measure eighteen (18) inches by twenty-four (24) inches and shall include all of the following: (1) Drawn to scale at no less than one (1) inch to two hundred (200) feet and the scale shall be shown on the drawing; (2) Include the date, title, name and location of the subject property, graphic scale and true north point; (3) Complete legal description of the lands being divided; (4) The location of all existing fences, struc- tures, and other improvements; (5) The location of any lakes, ponds, wet- lands, streams, creeks, and slopes (top and toe and per- centage of slope) greater than forty (40) percent; (6) Show the location of utilities, streets and easements within or abutting the subject property; (7) Display the lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numer- ical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations; (8) Contain data sufficient to determine readily and reproduce on the ground the location, bear- ing, and length of every street, easement line, lot line, boundary line and block line on-site; (9) Include dimensions; (10)Include section subdivision information. Methods and data used for corner reestablishment or section subdivision shall be stated on plat; (11)When applicable, display all interior per- manent control monuments located as determined by the City Engineer’s office. All monuments and property corners shall be installed prior to the release of any bond; (12)If the subdivision includes a dedication, the following statements shall be included: (i) The dedication of all streets and other areas to the public, and individual or individuals, reli- gious society or societies, or to any corporation, public or private, as shown on the plat; (ii) A waiver of all claims for damages against any governmental authority which may be occa- sioned to the adjacent land by the established construc- tion, drainage and maintenance of said road; 20.12-7 (Revised 4/07) Bremerton Municipal Code 20.12.180 (13)Said statements shall be signed and acknowledged before a notary public by all parties hav- ing any interest in the lands subdivided; (14)Addressing of the individual lots; (15)Certificate for the approval signatures detailed in BMC 20.12.090; (16)Treasurer’s certificate to ensure payment of taxes; and (17)Other information requested during the preliminary approval. (c) Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered alphabetically and in consecutive order. (d) Plat Certificates. Three (3) plat certificates for the real property shall accompany the final plat. (e) Lot Closures. Perimeter lot closures for all lots, tracts, and the exterior boundary of the subdivision shall accompany the final plat. (f) Addressing. Addresses of the individual lots shall be obtained from the Public Works Department. (g) Dedications. Dedications of right-of-way are pursuant to Chapter 11.12 BMC, Transportation Devel- opment Code. (Ord. 4980 §1 (part), 2006) 20.12.140 MODIFICATIONS TO PRELIMINARY SUBDIVISION APPROVAL. The Director may administratively approve minor amendments to a preliminary subdivision approval. The Hearing Examiner’s approval is required after a public hearing for major amendment to a preliminary subdivi- sion approval. Notice of the hearing shall be sent in accordance with the notice requirements for a public hearing in Chapter 20.02 BMC, Project Permits, and to all parties of record. A major amendment includes but is not limited to any of the following: (a) Amendments that would result in an increase to the number of lots in the subdivision beyond the num- ber previously approved; (b) Amendments that would result in the reloca- tion of any roadway access point to an exterior street from the plat; (c) Amendments that propose phasing of plat development not previously approved; (d) Amendments that, in the opinion of the Direc- tor, would significantly increase any adverse impacts or undesirable effects of the plat. (Ord. 4980 §1 (part), 2006) 20.12.150 RECORDING FINAL SUBDIVISIONS. All final subdivisions shall be filed for record with the office of the Kitsap County Auditor. The applicant shall furnish one (1) copy of the recorded document to the Department and one (1) copy shall be filed with the office of the Kitsap County Assessor. (Ord. 4980 §1 (part), 2006) 20.12.160 EXPIRATION OF FINAL SUBDIVISION APPROVALS. Approvals of final subdivisions shall automatically expire if the plans are not recorded within one (1) year of the written approval date. (Ord. 4980 §1 (part), 2006) 20.12.170 SUBDIVISION VESTING. Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of com- plete application for preliminary subdivision and will continue to be vested for a period of five (5) years after the final subdivision approval. (Ord. 4980 §1 (part), 2006) 20.12.180 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 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). (c) This chapter shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any sub- divisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certifi- cates authorized herein. (Ord. 4980 §1 (part), 2006) 20.42-1 (Revised 4/07) 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 4/07)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 Incubator for business 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 20.42-3 (Revised 4/07) Bremerton Municipal Code 20.42.040 Vesting 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. 4977 §5, 2006; 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 4/07)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 20.42-7 (Revised 4/07) 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 is the average of the levels at each supporting member of the sign’s structure. "Grade, average final" means the average of the final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. "Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling. "Gross floor area" means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches. "Group residential" means shared living quarters without separate kitchen facilities for each room or unit. This classification includes group care residence for those whose permanent residence is the group residen- tial facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(16). "Group residential facility - Class I (assisted liv- ing)" means a group care residence for seven (7) or more children and/or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facil- ity may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. "Group residential facility - Class II" means a group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, per- sons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including prerelease, work-release, and pro- bationary programs that are under the supervision of a court, state, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. "Group residential home" means a residential home in which a person or persons provide personal care, spe- cial care, room, and board to more than one (1) but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limita- tion on the number of residents resulting from this defi- nition shall not be applied if it prohibits the City from making reasonable accommodations 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). "Heavy industrial/manufacturing" means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial/manufactur- ing uses include extraction or refinement of raw materi- als, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazard- ous or volatile materials or chemicals. Production pro- cesses that produce continuous high levels of noise, produce obnoxious odors detectable off-site, or produce off-site light or glare impacts constitute heavy indus- trial/manufacturing. (See also "Light industrial/manu- facturing.") "Height" in the context of wireless telecommunica- tions facilities means the following: (1) Related to Tower I and Tower II support structures, "height" means the dimensions of the tower as measured from the base of the tower at the foundation center to the top of the tower excluding antennas. (2) Related to existing or proposed buildings, height is determined as per BMC 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof. "Home occupation" means any nonresidential use carried out for monetary gain which is secondary to the use of the property for residential purposes, and which is operated in accordance with the home occupation standards of this code. "Homeowners’ association" means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. "Hospital" means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. "Hotel" and "lodging place" means an establish- ment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. (Revised 4/07)20.42-8 20.42.040 "Household" means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typi- cally do not provide facilities for households. "Identification sign" means a sign intended solely to inform the public of the use of a property, building, office, or premises, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. "Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. "Impervious surface" means any material which reduces or prevents absorption of storm water into pre- viously undeveloped land. (See also "Paved surface.") "Incidental signs" means signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of prod- ucts or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and sim- ilar signs, some of which may be required by law for safety purposes. "Incubator for business" means a facility that pro- vides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and reloca- tion into permanent facilities. "Junk yard" means a place where discarded or sal- vaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards, house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. "Kennel" means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. "Light industrial/manufacturing" means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another location. Light industrial/manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off-site, or produce off-site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini-storage is included. (See also "Heavy industrial/manufacturing.") "Loading area" means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. "Lot" means any area, tract or parcel of land owned by or under the lawful control and in the lawful posses- sion of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty (20) feet of frontage on a street. "Lot area" means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, 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, except when an unbuild- able environmentally sensitive area, as defined per BMC 20.14.280, comprises twenty-five (25) percent or less of the lot, it may be included in the lot area. "Lot line, front" means any property line that abuts a public street, private street, alley (if the alley provides primary access) or ordinary high water mark, and is con- sidered a frontage. (See also Figure 20.44(a).) "Lot line, rear" means the property line most oppo- site or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot lines. (See also Figure 20.44(a).) "Lot line, side" means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a).) "Lot, depth" means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lot lines will be determined in the most reasonable manner, based on the lot’s longest average dimension. "Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow accessway connecting the body of the lot to the street. "Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. "Lot, width" means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifica- tions to this procedure when determining the width of an irregular lot. "Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. 20.42-8.1 (Revised 4/07) Bremerton Municipal Code 20.42.040 "Manufactured home" means a single-family dwelling required to be built in accordance with regula- tions adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applica- ble construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor 20.42-13 (Revised 4/07) 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. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50-1 (Revised 4/07) Bremerton Municipal Code 20.50.040 Chapter 20.50 LANDSCAPING REQUIREMENTS Sections: 20.50.010 INTENT. 20.50.020 APPLICABILITY. 20.50.030 EXCEPTIONS. 20.50.040 GENERAL PROVISIONS. 20.50.050 PERFORMANCE STANDARDS. 20.50.060 LANDSCAPING PLAN SUBMITTAL. 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and storm water runoff while pro- viding on-site filtration to protect groundwater resources from pollutants and flooding. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.020 APPLICABILITY. All new development, including expansion of exist- ing structures and/or uses, except single-family residen- tial building permits on individual lots, shall be subject to the requirements of this chapter. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residen- tial short subdivisions or developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; (b) The Director may waive or reduce any require- ment(s) of this chapter in the following cases: (1) The remodel of an existing building results in the expansion of floor area that is ten (10) per- cent or less of the existing floor area; (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) To accommodate required off-street park- ing spaces. (Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.040 GENERAL PROVISIONS. (a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC 20.50.050; (b) Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC 20.50.050(a) unless more stringently required by the underlying zone. Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Residential Screening. When any nonresiden- tial development is proposed on a site that abuts the low density residential (R-10) zone, or when a three (3) or more dwelling multifamily residential development is proposed on a site that abuts the low density residential (R-10) zone, landscaping and screening shall be pro- vided according to the performance standards in BMC 20.50.050(b); (d) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide landscaping screening along the site facing the trail or open space per the performance standards out- lined in BMC 20.50.050; (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall be planted, ground covered, or remain with existing vegetation, including significant trees, as provided for in BMC 20.50.050(c), but excluding plants that can be classified as noxious weeds or as invasive species; (f) Required Plants. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal Puget Sound region. The Department of Community Develop- ment maintains a list of approved plant materials recom- mended for use within areas in the City of Bremerton. Additional plants may be added to this list as deemed appropriate by the City. Performance standards for required plants are found in BMC 20.50.050(d); (g) Alternative Landscaping Plan. The require- ments of this chapter may be modified to encourage bet- ter landscaping design as follows: (1) A request for approval of alternate land- scaping shall be submitted and accompanied by a land- scape plan as required above; (2) An alternative landscaping plan may be approved, provided a finding by the City of public ben- efit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (h) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to (Revised 4/07)20.50-2 20.50.050 the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: (1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty- five (125) percent of the estimated cost required to com- plete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is pro- vided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (i) Maintenance Required. All plant material shall be maintained as designed and approved. Maintenance standards and assurances must be provided in the land- scape plan as described in BMC 20.50.060. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the fol- lowing manner: (a) Street Trees. One (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (b) Screening Requirements. (1) Landscaping forming a year-round sight barrier a minimum of five (5) feet in height in a land- scaped area at least ten (10) feet wide; or (2) A fence or wall, and/or berm, or combina- tion, no less than five (5) feet high plus shrubs and trees in an area at least five (5) feet wide; (c) Significant Trees. Existing healthy trees located within required landscape areas and undevel- oped areas and which will not constitute a safety hazard shall be preserved as follows: (1) Evergreen Trees. Eight (8) inches in diam- eter or greater, measured four (4) feet above existing grade; and (2) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above exist- ing grade; (d) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought-resistant species, or other species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture con- tent soils. Plant material selection shall be consistent with the list of approved plant materials recommended for use within areas in the City of Bremerton per BMC 20.50.040(f). Plant materials shall also be coordinated with utility company requirements to avoid conflicts; (e) Deciduous Species Requirement. Landscaped areas and required screening shall consist of no more than fifty (50) percent deciduous species; (f) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide one (1) tree per fifty (50) linear feet of the prop- erty facing such trails and open spaces in addition to the general provisions of BMC 20.50.040(d); (g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter; (h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant; (i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing; (j) Outdoor Storage. In addition to any other requirements, storage yards and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be consid- ered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way; (k) Parking Lots. Parking lots shall comply with all of the landscaping requirements for nonresidential uses. In addition, the following standards shall apply: (1) Parking lot setback areas shall be land- scaped with trees, shrubs, ground covers, turf grasses, or combinations thereof. Nonliving materials shall not exceed twenty (20) percent of the landscaped area at maturity; (2) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required land- scaped setback areas shall not be included in the interior landscaping calculations; 20.50-2.1 (Revised 4/07) Bremerton Municipal Code 20.50.050 (3) Interior landscaping shall be dispersed as equally as possible throughout the parking lot; (4) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at 20.52-7 (Revised 4/07) Bremerton Municipal Code 20.52.190 (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, that whether a sign is amortized for tax purposes shall not affect the application of this section. (2) All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the effective date of this section for billboard signs and within five (5) years from the effec- tive date of this section for off-premises signs (the "amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the zoning code, this chapter, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to BMC 20.52.190 shall be dis- continued, removed, or made conforming within the applicable amortization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this section through the issuance of a sign permit. A sign prohibited pursuant to BMC 20.52.050 may not be brought into conformance and must therefore be immediately removed upon the expi- ration of the amortization period. Amortization is the sole method of compensation for removal of signs pur- suant to this section. (3) Permitting, Removal and Amortization Exemption. The permitting, removal and amortization provision of subsections (f) and (g) of this section do not apply to any sign which would require the City to pay compensation for its removal under any federal, state or other law, including Chapter 47.42 RCW, the Highway Advertising Control Act - Scenic Vistas Act. (4) Loss of Legal Nonconforming Sign Sta- tus. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one (1) or more of the following events occur: (i) Structural Changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associ- ated. (ii) Other Alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improve- ments, in any twelve (12) month period to any structure that houses or supports the use with which the noncon- forming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty-five (25) percent of the assessed value of that structure based on the building permit valuation tables. (iii) Abandonment or Business Cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one hun- dred eighty (180) consecutive days. (iv) Sign Alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and nor- mal maintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or replacing the sign. However, replacing any individual tenant’s identification sign in either an identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign’s legal non- conforming sign designation. (v) Change in Use. There has been a change in use on the subject property, as that term is defined in this chapter. (vi) Change in Tenant. There has been a change in business or change in single-occupancy tenant on the subject property. In connection with any multi-use or multi- tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code shall apply only to the indi- vidual owner’s or tenant’s building-mounted or free- standing signs that have triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant’s name. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF-WAY. (a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of- way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section. (b) The City may allow, by a Type II permit as pre- scribed in Chapter 20.02 BMC, the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (Revised 4/07)20.52-8 20.52.200 (1) The enforcement of this code would result in substantial hardship to the applicant because no feasi- ble location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant. (2) The sign is not prohibited by BMC 20.52.050 and, except for location within a required set- back, complies with all other requirements of this chap- ter. (3) The sign complies with the City’s mini- mum sight distance at intersection requirements pursu- ant to BMC 20.52.070. (4) Location of the sign within a required set- back is otherwise consistent with the public health, safety, and welfare. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.200 REMOVAL OF SIGNS. The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this chapter. Fail- ure to comply shall subject the sign user, owner and/or owner of the property on which the sign located to the remedies and penalties of BMC 20.40.200. (Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.52(a) 1. Maximum size is for individual freestanding signs. Total allowable freestanding sign area is based on linear street frontage per BMC 20.52.100 and 20.52.140. More than one (1) freestanding sign may be allowable. 2. Larger signs for shopping centers or professional office complexes are allowable per BMC 20.52.100(c). 3. Larger signs for auto dealership groups are allowable per BMC 20.52.110. 4. Freestanding sign size for special purpose zones not listed in this table are subject to the requirements of BMC 20.52.130. (Ord. 4977 §7, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) Freestanding Signs: Zone-Specific Size and Design Requirements4 Commercial Zones Freestanding Sign Type Max. Height Max. Size 1, 2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft. Neighborhood Business (NB) Monument only 6' 48 sq. ft. Limited Commercial (LC) Monument only 8' 100 sq. ft. Freeway Corridor (FC) Any 35' 100 sq. ft. 3 Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. 20.58-3 (Revised 4/07) 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 critical areas as defined in BMC 20.14.200 shall be included in the area for calcu- lating density. A right-of-way assumption shall be deducted from the total area of the critical area. The assumed right-of-way deduction is a percentage of the total environmentally critical area equal to the percent- age 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 movement of pedestrians both on the site and between nearby properties and activities. (Revised 4/07)20.58-4 20.58.080 (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. 4977 §8, 2006; 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. 20.60-1 (Revised 4/07) Bremerton Municipal Code 20.60.040 Chapter 20.60 LOW DENSITY RESIDENTIAL (R-10) Sections: 20.60.010 INTENT. 20.60.020 PERMITTED USES. 20.60.030 ACCESSORY USES. 20.60.040 CONDITIONAL USES. 20.60.060 DEVELOPMENT STANDARDS. 20.60.065 ALLOWABLE DENSITY AND LOT AREA. 20.60.066 ALLOWABLE DENSITY AND LOT AREA IN A CENTER. 20.60.068 ALLOWABLE DENSITY AND LOT AREA IN UNDERUTILIZED URBAN FRINGE AREAS. 20.60.080 OFF-STREET PARKING REQUIREMENTS. 20.60.090 LANDSCAPING REQUIREMENTS. 20.60.100 SIGN STANDARDS. 20.60.010 INTENT. The intent of the low density residential (R-10) zon- ing district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunications per BMC 20.46.140; (c) Day care facility of twelve (12) or fewer per- sons receiving care; (d) Education and schools (K-12) of twelve (12) or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC 20.46.040; (h) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (i) Single-unit dwelling unit, detached; (j) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1) The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC 20.46.010; (b) Detached garage, carport, and parking facili- ties for the residents of the property; (c) Home occupation per BMC 20.46.030; (d) Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (Revised 4/07)20.60-2 20.60.040 (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation are allowed; and (8) Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) 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. (c) Senior housing complex, provided the condi- tions set forth in BMC 20.46.090 are satisfied. (d) Nursing/convalescent homes, provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) 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. (e) Day care facilities (thirteen (13) or more per- sons receiving care), provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (4) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; (6) 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; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f) Adaptive reuse of public and semi-public buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g) Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility ser- vices are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engi- neer shall approve all fire turnarounds; (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory 20.60-3 (Revised 4/07) Bremerton Municipal Code 20.60.040 structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separa- tion between all manufactured homes; (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; (Revised 4/07)20.60-4 20.60.060 (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 (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. (Ord. 4977 §10, 2006: 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. 20.60-5 (Revised 4/07) Bremerton Municipal Code 20.60.065 (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) 20.60.065 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 one hundred fifty (150) 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 and one-half (1.5) 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- 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 4/07)20.60-6 20.60.066 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. 4972 §1, 2006; Ord. 4971 §16, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 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) 20.64-1 (Revised 4/07) Bremerton Municipal Code 20.64.060 Chapter 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) Sections: 20.64.010 INTENT. 20.64.020 OUTRIGHT PERMITTED USES. 20.64.040 CONDITIONAL USES. 20.64.060 DEVELOPMENT STANDARDS. 20.64.070 DESIGN STANDARDS. 20.64.080 PARKING REQUIREMENTS. 20.64.090 LANDSCAPING REQUIREMENTS. 20.64.100 SIGN STANDARDS. 20.64.010 INTENT. The intent of the Wheaton Way redevelopment cor- ridor (WWRC) zone is to provide for the transition over time of the corridor away from suburban-style strip commercial development. The WWRC zone seeks to create a mixed use, high density corridor that will enable a full range of commercial uses oriented closer to the street, and medium to high density residential uses above or on portions of larger sites away from the street frontage. The zone seeks to balance the needs of auto- mobile-oriented businesses with a desire to incorporate a more pedestrian-oriented design approach. Introduc- tion of residential use within the corridor is intended, in part, to support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to provide adequate transitions to less intense adjacent zone dis- tricts. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) All residential uses except Class II group resi- dential; (b) Automobile service and repair; (c) Co-location of wireless telecommunications facilities per BMC 20.46.140; (d) Community facility; (e) Drinking place; (f) Drive-through facility; (g) Entertainment use; (h) Finance, insurance and real estate; (i) General office and business service; (j) General retail; (k) Hotel and lodging place; (l) Medical office and clinic; (m) Museum and gallery; (n) Park, playground and open space; (o) Personal service; (p) Physical fitness and health club; (q) Public administration use; (r) Restaurant. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Hardware and materials supply stores includ- ing garden supply, provided: (1) The structure is less than twenty thousand (20,000) square feet of gross floor area; (2) Outside storage shall be entirely screened from view by a solid fence or wall; (3) Outside storage is limited to five thousand (5,000) gross square feet or less of materials. (b) Gas stations and carwashes, provided: (1) No more than two (2) points of ingress/ egress are allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements; (2) Buffering is provided pursuant to BMC 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction shall be included at intervals no greater than fifteen (15) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback is five (5) feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per BMC 20.64.070 or equivalent. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback; (2) Minimum side yard setback is zero (0) from nonresidential zones, and thirty (30) feet from the low density residential (R-10) zone; (3) Minimum rear yard setback is zero (0) from nonresidential zones, and thirty (30) feet from the low density residential (R-10) zone; (4) Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this sec- tion. In no case shall maximum lot coverage exceed sev- enty-five (75) percent; (5) Maximum development coverage: sev- enty-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot cover- age exceed ninety-five (95) percent; (Revised 4/07)20.64-2 20.64.070 (6) Maximum height: forty (40) feet, and structures within one hundred (100) feet of the low den- sity residential (R-10) zone shall not exceed three (3) stories in height. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use devel- opment: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the city: five (5) percent bonus; (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (c) Maximum residential density: twelve (12) units per acre, except on sites in single ownership larger than three (3) acres, residential density may be increased to a maximum density of twenty (20) units per acre, pro- vided that: (1) Site design provides for internal circula- tion connections for both pedestrians and vehicles between all portions of the site; (2) Landscaping and/or screening adjacent to a single-family zone district shall be provided per BMC 20.50.040(c); (3) A transit stop with shelter is provided at the arterial street frontage. (d) Commercial uses shall be located within two hundred (200) feet of the arterial street frontage. (Ord. 4977 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.070 DESIGN STANDARDS. The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expan- sion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction. At least two (2) of the follow- ing criteria shall be used to reduce the appearance of mass and bulk of the facade of all buildings facing pub- lic streets. (1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks are not applied to more than twenty-five (25) percent of building facades facing a public street. (2) One or more of the following techniques: (i) Recessing the entrance area at least three (3) feet; (ii) An entrance area that protrudes at least three (3) feet; or (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot over- hangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window Fenestration. Windows shall occupy at least fifty (50) percent of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Residential uses shall be placed only on upper floors of mixed use structures in which ground floors are occupied with nonresidential uses, except that on sites in single ownership larger than three (3) acres, single-use residential structures are permitted if screened from major arterials by mixed use structures or structures containing other permitted nonresidential uses only. Such screening structures must comprise at least sixty- five (65) percent of the arterial frontage to a height of thirty-five (35) feet. (c) Sight-obscuring landscape buffering shall be provided along property lines adjacent to commercial corridor (CC) and low density residential (R-10) zones pursuant to the standards set forth in BMC 20.50.050(b). (d) Outdoor storage of all materials shall be pro- hibited except for nurseries, which shall provide screen- ing pursuant to BMC 20.50.050(b). (e) Refuse containers, provided: (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; and (3) Refuse collection areas shall be designed to contain all refuse generated on-site and deposited between collections. Deposited refuse shall not be visi- ble from outside the refuse enclosure. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with Chapter 20.48 BMC and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more 20.79-1 (Revised 4/07) Bremerton Municipal Code 20.79.060 Chapter 20.79 MULTIPLE RESIDENTIAL (MR) Sections: 20.79.010 INTENT. 20.79.020 OUTRIGHT PERMITTED USES. 20.79.030 ACCESSORY USES. 20.79.040 CONDITIONAL USES. 20.79.060 DEVELOPMENT STANDARDS. 20.79.080 PARKING REQUIREMENTS. 20.79.090 LANDSCAPING REQUIREMENTS. 20.79.100 SIGN STANDARDS. 20.79.010 INTENT. The intent of the multiple residential (MR) zone district is to support the downtown regional center with opportunities for high density residential use. Attached multifamily units are encouraged to take advantage of the unique views and nearby amenities such as shore- lines, recreational opportunities, or access to ferries and transit. There is an intentional reduction in parking requirements and an increase in building coverage to accommodate high density pedestrian-oriented develop- ment in this most accessible of neighborhoods. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless telecommunications per BMC 20.46.140; (b) Residential Use. Residential uses include: (1) Day care facility (twelve (12) or fewer persons receiving care); (2) Foster home; (3) Class I group residential facility; (4) Multi-unit dwelling units; (5) Single-unit dwelling unit, attached (zero (0) lot lines); (6) Single-unit dwelling unit, detached; (7) Townhouses. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.030 ACCESSORY USES. Permitted accessory uses are those set forth in BMC 20.60.030 (low density residential (R-10) zone). (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.040 CONDITIONAL USES. The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC 20.60.040 (low density residential (R-10) zone): (a) Bed and breakfast; (b) Senior housing complex; (c) Nursing/convalescent home; (d) Day care facilities (more than twelve (12) per- sons receiving care); (e) Worship and religious facility; (f) Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j). (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.060 DEVELOPMENT STANDARDS. (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density. (i) No maximum density; (ii) Minimum: five (5) dwelling units per acre; (2) Setbacks. (i) Minimum front yard setback: ten (10) feet; (ii) Minimum side yard setback: five (5) feet; (iii) Minimum rear yard setback: ten (10) feet; (iv) Zero (0) lot line development: an attached single-family dwelling and/or garage structure may have a shared single side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements; (3) Minimum lot area: three thousand (3,000) square feet; (4) Maximum height: height limit is pursuant to Figure 20.74(a); (5) Maximum building coverage: eighty (80) percent. (b) The following standards shall apply to garages attached to single-family units and to detached acces- sory structures: (1) The maximum garage/carport (attached or detached) area shall be five hundred (500) square feet of gross floor area per unit plus ten (10) percent of gross floor area of a principal residential use; (2) 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, shall be fifty (50) percent of the gross floor area of the principal use or five hundred (500) square feet, whichever is greater, subject to maximum building coverage standards; (Revised 4/07)20.79-2 20.79.080 (3) Maximum height of detached accessory structures (including garages): not to exceed the height of the principal structure; (4) Setback of detached accessory structures: per BMC 20.44.060; (5) When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020, Traditional front yard. (Ord. 4977 §12, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.080 PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with Chapter 20.48 BMC, except as follows: (a) Minimum parking requirement: one (1) space per unit; (b) Access to parking shall be provided from the adjacent public facilities per the following priority: (1) First, from an alley, if available; (2) If an alley is not available, from a nonarte- rial street, if available; (3) If neither an alley nor a nonarterial street are available, from an arterial; (c) The applicant shall demonstrate that the pro- posed access is provided from the highest priority facil- ity per the above list; (d) Driveways providing access to parking shall be well marked; (e) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; (2) When a use is nonconforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.80-1 (Revised 4/07) 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 4/07)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 (adopted by Ordinance No. 4998); (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; that ordinance will contain the unique regulations and standards that guide develop- ment for that project area. (Ord. 4998 §2, 2007: Ord. 4962 §3, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.82-1 (Revised 4/07) Bremerton Municipal Code 20.82.060 Chapter 20.82 NEIGHBORHOOD BUSINESS ZONE (NB) Sections: 20.82.010 INTENT. 20.82.020 OUTRIGHT PERMITTED USES. 20.82.030 PROHIBITED USES. 20.82.040 CONDITIONAL USES. 20.82.060 DEVELOPMENT STANDARDS. 20.82.080 PARKING REQUIREMENTS. 20.82.090 LANDSCAPING REQUIREMENTS. 20.82.110 SIGN STANDARDS. 20.82.010 INTENT. The intent of the neighborhood business (NB) zone is to provide for small-scale business districts outside of centers and corridors that reflect the scale and character of surrounding neighborhoods. These NB locations sup- port neighborhoods which generally lack walkable access to a designated center. The NB zone shall include uses such as small groceries, convenience stores, offices, and restaurants. Neighborhood business dis- tricts are generally limited in size to one (1) acre each and are typically comprised of a tight cluster of busi- nesses on several parcels. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Day care facility, and foster home; (d) General office and business service under five thousand (5,000) gross square feet; (e) General retail under five thousand (5,000) gross square feet; (f) Medical offices and clinics; (g) Park, playground and open space; (h) Personal services under five thousand (5,000) gross square feet; (i) Public administration; (j) Residential as a secondary use; (k) Restaurant under two thousand five hundred (2,500) gross square feet; (l) Worship and religious facility located on a col- lector or higher street. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.030 PROHIBITED USES. (a) Drive-through lanes. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Restaurants larger than two thousand five hun- dred (2,500) gross square feet and all drinking places, provided: (1) All seating, dining, and cooking areas are located within the principal structure at all times; (2) All refuse and recycling containers are fully enclosed and screened from view from all adjacent and adjoining properties, and meet the standards of Chapter 20.46 BMC; (3) Measures are taken to ensure that parking will not spill over into the neighborhood; (b) Community uses, provided: (1) The applicant can demonstrate that all pro- visions of the noise levels ordinance, Chapter 6.32 BMC, shall be met; (2) Measures are taken to ensure that parking will not spill over into the neighborhood; (3) Public events, programs or performances shall not continue later than 10:00 p.m. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building’s front facade must meet the maximum front yard setback; (b) Side yard setback: zero (0) except ten (10) feet from residential zones; (c) Rear yard setback: zero (0) except ten (10) feet from residential zones; (d) Maximum building size: nonresidential uses may not exceed a footprint of five thousand (5,000) gross square feet at ground level; (e) Maximum building coverage: eighty-five (85) percent; (f) Maximum development coverage: eighty-five (85) percent; (g) Maximum building height: thirty-five (35) feet; (h) Maximum building heights within the down- town regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section; (i) Outdoor storage of any kind shall be prohib- ited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. (Ord. 4977 §13, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 4/07)20.82-2 20.82.080 20.82.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Where a commercial use in the neighborhood business zone is adjacent to a residentially zoned lot, including across an alley from a residentially zoned lot, a landscape buffer meeting the following standards 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 consisting of plantings and shrubs, which shall count towards the landscape strip requirement per subsection (a)(3) of this section; (3) A landscaped strip at least five (5) feet in depth. Where a wall is placed within the landscaped strip, the depth of the wall shall be included in the mea- surement of the depth of the landscaped strip; (4) Gaps for vehicular circulation from the alley do not exceed fourteen (14) feet in width. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.110 SIGN STANDARDS. Signs 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) 20.84-1 (Revised 4/07) Bremerton Municipal Code 20.84.090 Chapter 20.84 LIMITED COMMERCIAL ZONE (LC) Sections: 20.84.010 INTENT. 20.84.020 OUTRIGHT PERMITTED USES. 20.84.060 DEVELOPMENT STANDARDS. 20.84.070 DESIGN STANDARDS. 20.84.080 PARKING REQUIREMENTS. 20.84.090 LANDSCAPING REQUIREMENTS. 20.84.100 SIGN STANDARDS. 20.84.010 INTENT. The intent of the limited commercial (LC) zone is to recognize the community’s existing general commer- cial districts outside the designated boundaries of cen- ters on lots zoned general business (GB) in the City, or an equivalent designation in the county, on December 1, 2004. The LC zone is not intended to be expanded or applied to new properties or areas of the City. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Automobile service and repair, and car wash; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Day care facility, all; (d) Drive-through facility; (e) Finance, insurance and real estate; (f) Gas stations at the intersection of arterial road- ways; (g) General office and business services; (h) General retail; (i) Hotel and lodging places, motels, and inns; (j) Personal services; (k) Public administration; (l) Recycling collection station; (m) Residential as a secondary use; (n) Restaurant drinking place. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building’s front facade must meet the maximum front yard setback. (b) Minimum side yard setback: zero (0) except ten (10) feet from residential zones and the upper level setback requirements contained in BMC 20.84.070. (c) Minimum rear yard setback: zero (0) except ten (10) feet from residential zones and the requirements contained in BMC 20.84.070. (d) Maximum building size: nonresidential uses may not exceed fifteen thousand (15,000) gross square feet at ground level. (e) No maximum building coverage, provided all setbacks and landscaping standards are met. (f) No maximum development coverage, provided all setbacks and landscaping standards are met. (g) Maximum building height: fifty (50) feet. (h) Maximum building heights within the down- town regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section. (Ord. 4977 §14, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.070 DESIGN STANDARDS. (a) Bulk Reduction. At any side or rear lot line adjacent to a residential zone, portions of buildings above thirty (30) feet in height shall be set back one (1) foot in addition to the standard setback per BMC 20.84.060 for each additional foot of height. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Where a commercial use in the limited com- mercial zone is adjacent to a residentially zoned lot, including across an alley from a residentially zoned lot, a landscape buffer meeting the following standards 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; (4) Gaps for vehicular circulation from the alley not exceeding fourteen (14) feet in width. (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 4/07)20.84-2 20.84.100 20.84.100 SIGN STANDARDS. Signs 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 4/07) 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, 4975) 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 4/07)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 4/07) 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, 20.16, 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 4/07)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 Adds Ch. 3.78, multifamily property tax exemption; amends Ch. 3.01, Rate Table C (3.01, 3.78) 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) 4972 Amends § 20.60.065(f), low density residential (R-10) (20.60) 4973 Amends Ch. 9.48, fireworks (9.48) 4974 Street vacation (Special) 4975 Adds § 2.76.160; amends §§ 2.76.010, 2.76.040 and 2.76.080, procurement and disposal code; repeals Ords. 4475, 4492, 4562, 4610, 4682, 4702, 4737 and 4868 (2.76) 4976 Amends shoreline master program (Not codified) 4977 Adds definition to Ch. 20.40 [20.42]; amends §§ 6.32.010(c), 20.02.090, 20.04.210(a) and 20.50.030(a), Figure 20.52(a), §§ 20.58.060(f), 20.60.020, 20.60.040, 20.64.060(a), 20.79.060(a), 20.82.060 and 20.84.060, land use (6.32, 20.02, 20.04, 20.42, 20.50, 20.52, 20.58, 20.60, 20.64, 20.79, 20.82, 20.84) 4978 Street vacation (Special) 4979 Amends 2006 budget (Special) 4980 Amends Ch. 3.01, Rate Table C and Ch. 20.02, Table 040; repeals and replaces Ch. 20.12, land division (3.01, 20.02, 20.12) 4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36, 20.02) 4982 Amends § 2.09.060, department of financial services (2.09) 4983 Amends Ch. 2.09 and § 2.10.030, departments of financial services and public works and utilities (2.09, 2.10) 4984 Amends §§ 2.50.030, 2.50.031, 2.50.032 and 2.50.070, management and professional staff compensa- tion program (2.50) 4985 Amends comprehensive plan (Special) 4986 Rezone (Special) 4987 2007 tax levy (Special) 4988 Amends §§ 3.48.030, 3.48.050, 3.48.090 and 3.50.050(f), business and occupation and utility taxes (3.48, 3.50) 4989 Amends Ch. 3.01 Rate Tables E, F and G, rates and fees (3.01) 4990 Amends § 15.06.015, Appendix A, assessments, rates, fees and charges (15.06) 4991 Adopts 2007 budget (Special) 4992 Adopts 2005 water system plan update; repeals Ord. 4755 (Special) 4993 Amends 2006 budget (Special) 4994 Amends Ch. 20.10, comprehensive plan amendments (20.10) 4995 Amends § 2.46.100, employee recognition (2.46) 4996 Amends and restates 457(b) deferred compensation plan (Not codified) 4997 Annexation (Special) 4998 Amends § 20.80.080, subarea plans, and comprehensive plan (20.80)