HomeMy WebLinkAbout18 bremerton0714_supp18SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 18 – July 2014
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 5250, passed June 16, 2014.
The online version of the code is updated more frequently than the print version. Reference the disclaimer
on the following webpage to determine whether the online code is more current than the print version:
http://www.codepublishing.com/WA/bremerton/
Remove these pages Insert these pages
Table of Contents ........................................... Table of Contents
Title 7
Table of Contents .................................. Table of Contents
7.15-1 – 7.15-2 .......................................... 7.15-1 – 7.15-2
Title 11
11.10-1 – 11.10-2 .................................. 11.10-1 – 11.10-2
11.25-1 ................................................................... 11.25-1
Title 15
15.01-1 – 15.01-8 ................................ 15.01-1 – 15.01-11
15.02-1 – 15.02-5 .................................. 15.02-1 – 15.02-5
15.03-1 – 15.03-5 .................................. 15.03-1 – 15.03-6
15.04-1 – 15.04-6 .................................. 15.04-1 – 15.04-6
15.05-1 – 15.05-5 .................................. 15.05-1 – 15.05-4
15.06-1 – 15.06-7 .................................. 15.06-1 – 15.06-8
15.07-1 – 15.07-3 .................................. 15.07-1 – 15.07-3
15.08-1 ................................................................... 15.08-1
Title 19
Table of Contents ........................................................... —
19.04-1 ............................................................................ —
19.08-1 ............................................................................ —
Title 20
20.42-1 – 20.42-14 .............................. 20.42-1 – 20.42-13
20.48-1 – 20.48-2 .................................. 20.48-1 – 20.48-2
20.48-7 – 20.48-8 ................................ 20.48-7 – 20.48-8a
20.52-1 – 20.52-8 .................................. 20.52-1 – 20.52-7
20.80-1 – 20.80-3 .................................. 20.80-1 – 20.80-3
20.92-1 – 20.92-2 .................................. 20.92-1 – 20.92-2
20.98-1 – 20.98-2 .................................. 20.98-1 – 20.98-2
(Revised 7/14)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Tables
9 – 10 ....................................................................... 9 – 10
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 7/14)
(Revised 7/14)
TABLE OF CONTENTS
CHARTER OF THE CITY OF BREMERTON
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 HEALTH AND SANITATION
Title 7 ANIMALS
Title 8 (RESERVED)
Title 9 PEACE, SAFETY AND MORALS
Title 9A CRIMINAL CODE
Title 10 TRAFFIC
Title 11 STREETS AND RIGHTS-OF-WAY
Title 12 (RESERVED)
Title 13 PARKS AND RECREATION
Title 14 (RESERVED)
Title 15 MUNICIPAL UTILITIES
Title 17 BUILDINGS AND CONSTRUCTION
Title 18 FIRE
Title 20 LAND USE
Title 22 PUBLIC CORPORATIONS, COMMISSIONS AND AUTHORITIES
(Revised 7/14)
Title 7
ANIMALS
Chapters:
7.04 GENERALLY
7.05 PROHIBITED ANIMALS
7.06 CHICKENS
7.08 LICENSES AND LICENSING REQUIREMENTS
7.10 IMPOUNDMENT AND QUARANTINE
7.12 DANGEROUS ANIMALS
7.14 ANIMAL CRUELTY
7.15 VIOLATIONS AND INFRACTIONS
7.16 MISCELLANEOUS PROVISIONS
7.15-1 (Revised 7/14)
Bremerton Municipal Code 7.15.010
Chapter 7.15
VIOLATIONS AND INFRACTIONS
Sections:
7.15.010 INFRACTIONS.
7.15.020 INFRACTION PENALTY.
7.15.030 VIOLATION - MISDEMEANOR.
7.15.040 VIOLATION - PUBLIC
NUISANCE.
7.15.010 INFRACTIONS.
In addition to other violations and related fines or
penalties provided in this title, the following violations
are declared to be Class 1 civil infractions:
(a) Animal at Large. For the owner of a pet or live-
stock to suffer or permit such animal to leave the prem-
ises of the owner, unless the animal is under physical
restraint adequate to the size and nature of the animal or
is sufficiently near its owner to be under its owner’s
direct control and is obedient to its owner’s commands,
except that all dogs must be leashed when not on the
premises of the owner. Exceptions to this restriction are
pets engaged in formal training, competition, service
dogs engaged in an activity for which they are trained or
in service, or dogs allowed in City of Bremerton dog
parks as provided in Chapter 13.04 BMC. This provi-
sion also applies to the requirements established in
BMC 7.06.010(m);
(b) Animal in Heat. For the owner of a pet in heat
to keep such an animal where it is accessible to male
animals unless such accessibility is for the purpose of
planned breeding;
(c) Animal Noise. For any person(s) to own any
animal which by its barking, howling, baying, squeal-
ing, crowing, crying, bleating, screeching, or making
any other noise which by its volume or frequency unrea-
sonably disturbs or interferes with the peace of any per-
son(s) for more than fifteen (15) minutes in any one (1)
hour period of any day, and is documented by three (3)
or more separate episodes of such noise in a sequential
seven (7) day period. The burden is upon the owner of
such animal(s) to maintain quiet. Exceptions to this sub-
section are commercial pet facilities, animal welfare
facilities, veterinary hospitals, or grooming parlors oth-
erwise in compliance with the Bremerton Municipal
Code including, but not limited to, BMC 7.08.030, or
those who can substantiate that such animal noise was
caused by an injury or illness of the animal(s) or by will-
ful trespass, torment, or abuse of the animal(s) on its
property by others.
Enforcement may be undertaken only upon written
receipt of a complaint made to either the animal control
authority or law enforcement by a person(s) residing at
or who is employed in an area affected by such public
noise disturbance. Any such animal(s) shall be deemed
a nuisance and may be seized and impounded, pursuant
to BMC 7.10.010(a), if the disturbance reoccurs after
the owner or custodian of such animal(s) has received
two (2) written warnings from either the animal control
authority or law enforcement within a calendar year;
(d) Damaging Property. For the owner of a pet or
livestock to suffer or permit the animal to leave the
premises of the owner and thereafter cause damage to
anything of value or any other pet or livestock;
(e) Disturbing Pedestrians. For the owner of a pet
or livestock, when off the property of the owner, to suf-
fer or permit the animal to disturb people lawfully on
public ways. For the purposes of this section, "disturb"
shall mean to chase or approach a person upon the
streets, sidewalks, or any other public grounds or private
property in a menacing fashion or apparent attitude of
attack;
(f) Chasing Vehicles. For the owner of a pet or
livestock to suffer or permit the animal to chase or run
at or after vehicles lawfully on public ways;
(g) Reporting and Releasing Stray Animals. For
any person to fail to notify the animal control authority
that a stray pet or livestock is in the person’s possession,
or to refuse to release such stray animal to the animal
control authority upon demand;
(h) Releasing Animal. For any person except the
owner or other authorized person to release any pet or
livestock from confinement;
(i) Excess Number of Animals. To own more than
a total of four (4) household pets as provided in BMC
7.08.010(f) or to own more than a total of five (5) chick-
ens as provided in BMC 7.06.010(a) at the same place
or residence without a valid commercial pet facility or
animal welfare facility license;
(j) Failure to License. For an owner to fail to
license a cat or dog as required by BMC 7.08.010(a); or
to fail to obtain a chicken license as required by BMC
7.06.020(a);
(k) Animal Bites. To own a pet or livestock that
bites a person while such person is on public property or
lawfully on private property;
(l) Agitating an Animal. To intentionally agitate,
harass, or provoke a pet or livestock except that a person
may take reasonable steps, not causing undue pain or
suffering, to remove unwanted animals from their prop-
erty;
(m) Failing to Notify Animal Control Authority of
Change of Ownership, Custody, and/or Residence. For
any owner of an animal that has been declared danger-
ous or potentially dangerous to sell, barter, or otherwise
transfer the ownership, custody, or residence of such an
animal without notifying the animal control authority
within fourteen (14) calendar days of the change as
(Revised 7/14)7.15-2
7.15.020
required by BMC 7.12.010(i) or to otherwise fail to
comply with the requirements of that section;
(n) Sale, Barter, or Other Transfer of Pets in Public
Places Prohibited. It is unlawful to sell, barter, or other-
wise transfer for the purpose of changing ownership any
pet in an area open to the public, unless such activity is
pursuant to BMC 7.08.030, or occurs at a sanctioned
dog or cat show;
(o) Transporting a pet or livestock in the open bed
of a pickup truck or other outside part of a vehicle unless
a suitable harness, cage, or enclosure is utilized and
attached so as to protect such animal from falling or
being thrown from the vehicle, and would not by its
design or application cause injury to the animal;
(p) Pets Chasing Livestock. For the owner of a pet
to permit that animal to harass or chase another owner’s
livestock, when not engaged in the specific work of
herding approved by the owner of the livestock;
(q) Animal Waste. For the owner of a pet to fail to
remove deposits of fecal material originating from the
owner’s animal from public or private property unless
the owner of such property has given permission for
such material to be deposited. This shall not authorize
such deposits as are otherwise governed by public health
regulations or other provisions of this code;
(r) Outdoor Feeding. It shall be unlawful:
(1) To feed or allow any domestic or wild ani-
mals or birds to be fed outdoors at such times and in
such numbers that feeding birds or animals create an
unreasonable disturbance or accumulation of droppings
on surrounding properties, including public property; or
(2) To feed or allow raccoons to be fed out-
doors at any time;
(s) Ownership or possession by a person under the
age of eighteen (18) years old of any dangerous or
potentially dangerous animal;
(t) Roosters. It is unlawful to keep a rooster or
roosters as prohibited by BMC 7.06.010(b);
(u) Henhouses, coops and chicken tractors. For an
owner to fail to comply with the provisions of BMC
7.06.010(d) through BMC 7.06.010(k);
(v) For an owner to keep chickens in violation of
BMC 7.06.010(m);
(w) Chickens kept inside a permitted dwelling. For
anyone to keep chickens, except chicks, inside any per-
mitted dwelling as prohibited by BMC 7.06.010(c);
(x) For an owner to fail to manage chicken manure
as required in BMC 7.06.010(n);
(y) For an owner to fail to maintain chicken feed in
rodent-proof containers as required by BMC
7.06.010(p);
(z) For an owner to fail to provide for rodent-proof
chicken structures pursuant to BMC 7.06.010(q);
(aa) For an owner to fail to take necessary steps to
eradicate rodents pursuant to BMC 7.06.010(r);
(bb)For any owner to slaughter chickens in viola-
tion of BMC 7.06.010(o). This provision shall in no way
limit the City of Bremerton’s ability to prosecute for
violations of Chapter 7.14 BMC. (Ord. 5243 § 1 (part),
2014: Ord. 5185 §2, 2012; Ord. 5126 §3, 2010; Ord.
4952 §2, 2005; Ord. 4949 §1 (part), 2005)
7.15.020 INFRACTION PENALTY.
(a) Infraction. The base penalty for any infraction
specified in BMC 7.15.010 shall be one hundred twenty-
five dollars ($125.00) for the first violation, two hun-
dred fifty dollars ($250.00) for the second infraction
committed within any twelve (12) month period, and
five hundred dollars ($500.00) for the third and subse-
quent infractions committed within any twelve (12)
month period. In addition to the base penalty, a public
safety and educational assessment and any other assess-
ments required by statute shall be imposed. Each and
every day or portion thereof in which an infraction is
committed shall constitute a separate and distinct infrac-
tion. Infractions under this section may be charged and
processed pursuant to Chapter 1.12 BMC. (Ord. 5243
§ 1 (part), 2014: Ord. 4949 §1 (part), 2005)
7.15.030 VIOLATION - MISDEMEANOR.
Any person who fails to cure a violation or comply
with the requirements of this chapter after issuance of an
infraction pursuant to BMC 7.15.020 shall be guilty of a
misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5243
§ 1 (part), 2014: Ord. 4949 §1 (part), 2005)
7.15.040 VIOLATION - PUBLIC NUISANCE.
Any violation of the provisions of this title, regard-
less if such constitutes a crime or infraction hereunder,
shall be, and the same are declared to be, unlawful and
a public nuisance. (Ord. 5243 § 1 (part), 2014: Ord.
4949 §1 (part), 2005)
11.10-1 (Revised 7/14)
Chapter 11.10
SIDEWALKS - DUTIES OF ABUTTING
PROPERTY OWNERS
Sections:
11.10.010 HAZARDOUS CONDITIONS
PROHIBITED.
11.10.020 DUTY TO MAINTAIN, CLEAN
AND REPAIR SIDEWALK.
11.10.030 SIDEWALK RELOCATION.
11.10.040 DRIVEWAYS -
DECOMMISSIONING AND
RECOMMISSIONING.
11.10.050 VIOLATION - PENALTY.
11.10.010 HAZARDOUS CONDITIONS
PROHIBITED.
(a) It shall be the duty of persons occupying prop-
erty abutting on public sidewalks to keep those side-
walks free of snow, ice, obstruction or other
objectionable thing. It shall be unlawful for the owner
and/or any person, firm, or corporation occupying or
having charge or control of any premises abutting upon
any public street, right-of-way, or alley, or beneath such
public sidewalk area in the City to construct, place,
cause, create, maintain, or permit to remain upon any
sidewalk any condition, structure, or object dangerous
or hazardous to the use of said sidewalk by the members
of the general public including, but not limited to, the
following conditions:
(1) Defective sidewalk surfaces including, but
not limited to, broken or cracked cement, stub-toes,
depressions within or between sidewalk joints;
(2) Defective cement surfaces placed adjacent
to the public sidewalk or defects at the juncture between
said cement surfaces and said public sidewalks, includ-
ing stub-toes or depressions at said junction;
(3) Defects in sidewalks or public ways
caused or contributed to by the roots of trees or similar
growth or vegetation located either on private adjoining
property or on the parking strip portion of any such
street right-of-way;
(4) Defective conditions caused by tree limbs,
foliage, brush or grass on or extending over such public
sidewalks or rights-of-way;
(5) Defective conditions on the planting strip,
unless posted for parking;
(6) Defects resulting from accumulation of
ice and snow on public sidewalks or on the right-of-way
between the curbline or, if there is no curbline, then
between the adjacent edge of the traveled portion of the
street roadway and the abutting property line;
(7) Defects consisting of foreign matter on the
public sidewalks including, but not limited to, gravel,
oil, grease, or any other foreign subject matter that cause
pedestrians using said sidewalk to fall, stumble or slip
by reason of the existence of such foreign matter;
(8) Defective handrails or fences or other sim-
ilar structures within or immediately adjacent to said
right-of-way.
(b) The term "person occupying property" shall
mean owners, tenants, subtenants and licensees who
occupy or are entitled to occupy and make general use
of property.
(1) In the case of apartment houses, rooming
houses, courts, and similar buildings, the term "person
occupying property" shall mean that person or persons
owning or in control and management of the building on
the property.
(2) In the case of office buildings, duplexes
and other property occupied by more than one (1) per-
son, firm or family and not included in subsection (b)(1)
of this section the term "person occupying property"
shall mean each of the owners or occupants of such
building whose premises are on the sidewalk level and
they shall be responsible for so much of the sidewalk as
is adjacent to their premises.
(c) For purposes of this section, the term "side-
walk" shall mean part of any right-of-way located
between the curbline, or if there is no curbline, then
between the adjacent edge of the traveled portion of
such right-of-way and the abutting property line.
(d) Construction or reconstruction of a sidewalk
by the abutting property owner may be required when
necessary for public safety and convenience pursuant to
Chapter 35.69 RCW. (Ord. 5247 §1, 2014: Ord. 5206 §3
(part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 4260 §5,
1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971)
11.10.020 DUTY TO MAINTAIN, CLEAN
AND REPAIR SIDEWALK.
Whenever any public right-of-way in the City has
been improved by the construction of a sidewalk along
either side thereof, the duty and expense of the mainte-
nance, cleaning, repair and renewal of said sidewalk,
including the erection or maintenance of suitable barri-
ers along the outer margin of said sidewalk where the
same is elevated more than two (2) feet above the abut-
ting property, shall be upon the owner of the directly
abutting property. All such repairs shall be made after
application for and issuance of a proper building permit
therefor, as required by law, and all of such work to be
duly inspected and approved by the City Engineer or
designee. (Ord. 5206 §3 (part), 2013: Ord. 4856 §7 (in
part), 2003; Ord. 2968 §2, 1971)
(Revised 7/14)11.10-2
11.10.030 SIDEWALK RELOCATION.
Any person, firm or corporation desiring to change
or relocate any sidewalk in front of and abutting its
property shall make application in writing to the engi-
neering department of the City, and such application
shall contain, among others, the exact location of such
proposed change or relocation, the location of any new
sidewalk to be laid and the connections and locations of
other sidewalks upon such street; no change or reloca-
tion of any sidewalk shall be made until the issuance of
an appropriate permit therefor. (Ord. 5206 §3 (part),
2013: Ord. 4856 §7 (in part), 2003; Ord. 2968 §4, 1971)
11.10.040 DRIVEWAYS -
DECOMMISSIONING AND
RECOMMISSIONING.
The provisions of this section authorize the decom-
missioning of driveways not formally abandoned pursu-
ant to City right-of-way standards in order to allow
street parking on parts of streets fronting the decommis-
sioned driveways and further provide for the recommis-
sioning of said driveways when appropriate.
(a) Decommissioning of Driveways. The owner of
the property upon which a driveway is located may
apply for a decommissioning of the driveway by the fil-
ing of a written request on a form and with the informa-
tion required by the Department and by the payment of
the required fee set forth in Rate Table G of the City of
Bremerton’s rate and fee schedule. Upon meeting these
conditions and a determination of the Director that the
driveway is no longer required and that the area of the
street fronting the driveway may be used for street park-
ing, the City will post the area of the street fronting the
decommissioned driveway as authorized for street park-
ing.
(b) Recommissioning of Driveways. The owner of
the property upon which a decommissioned driveway is
located may apply for a recommissioning of the drive-
way. The request shall be made by the filing of a written
request on a form and with the information required by
the Department and by the payment of the required fee
set forth in Rate Table G of the City of Bremerton’s rate
and fee schedule. Upon meeting these conditions and a
determination of the Director that the driveway may be
recommissioned, the City will remove the street signs
which authorized parking on the area of the street front-
ing the decommissioned driveway.
(c) The City may, at any time, remove the street
signs which authorized parking on the area of the street
fronting the decommissioned driveway and prohibit
such parking due to public safety or other related rea-
sons. (Ord. 5206 §3 (part), 2013)
11.10.050 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment and/or enforcement may be required as provided
therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2). Each
day, or a portion thereof, during which a violation
occurs shall constitute a separate violation. (Ord. 5206
§3 (part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 4733,
Reaffirmed, 11/30/2000; Ord. 4680, Amended,
12/17/1999; Ord. 2968 §4, 1971. Formerly 11.10.040)
11.25-1 (Revised 7/14)
Chapter 11.25
TRANSPORTATION BENEFIT DISTRICT
Sections:
11.25.010 TRANSPORTATION BENEFIT
DISTRICT ESTABLISHED.
11.25.020 GOVERNING BOARD.
11.25.030 AUTHORITY OF THE
DISTRICT.
11.25.040 USE OF FUNDS.
11.25.050 DISSOLUTION OF DISTRICT.
11.25.060 LIBERAL CONSTRUCTION.
11.25.010 TRANSPORTATION BENEFIT
DISTRICT ESTABLISHED.
There is created a transportation benefit district to
be known as the Bremerton Transportation Benefit Dis-
trict or "District" with geographical boundaries com-
prised of the corporate limits of the City as they
currently exist or as they may exist following future
annexations. (Ord. 5245 § 1 (part), 2014: Ord. 5076 §3
(part), 2009)
11.25.020 GOVERNING BOARD.
(a) The governing board of the Transportation
Benefit District shall be the Bremerton City Council act-
ing in an ex officio and independent capacity, which
shall have the authority to exercise the statutory powers
set forth in Chapter 36.73 RCW.
(b) The treasurer of the Transportation Benefit
District shall be the City Financial Services Director.
(c) The Board shall develop a material change pol-
icy to address major plan changes that affect project
delivery or the ability to finance the plan, pursuant to the
requirements set forth in RCW 36.73.160(1).
(d) The Board shall issue an annual report, pursu-
ant to the requirements of RCW 36.73.160(2). (Ord.
5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.030 AUTHORITY OF THE DISTRICT.
The Board shall have and may exercise any powers
provided by law to fulfill the purpose of the District.
(Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.040 USE OF FUNDS.
The funds generated by the Transportation Benefit
District may be used for any purpose allowed by law
including to operate the District and to make transporta-
tion improvements that are consistent with existing
state, regional, and local transportation plans and neces-
sitated by existing or reasonably foreseeable congestion
levels pursuant to Chapter 36.73 RCW. The transporta-
tion improvements funded by the district shall be made
in an effort to protect the City’s long term investments
in its infrastructure, to reduce the risk of transportation
facility failure, to improve safety, to continue optimal
performance of the infrastructure over time, to avoid
more expensive infrastructure replacements in the
future and to improve modal connectivity within the
City of Bremerton. Additional transportation improve-
ment projects of the District may be funded only after
compliance with the provisions of RCW 36.73.050(b).
(Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.050 DISSOLUTION OF DISTRICT.
Subject to the provisions of RCW 36.73.170, the
Transportation Benefit District shall be automatically
dissolved when all indebtedness of the District has been
retired and when all of the District’s anticipated respon-
sibilities have been satisfied. However, in no event shall
the Bremerton Transportation Benefit District continue
to exist after April 30, 2020, subject to the provisions of
RCW 36.73.170 for dissolution. (Ord. 5245 § 1 (part),
2014: Ord. 5076 §3 (part), 2009)
11.25.060 LIBERAL CONSTRUCTION.
As authorized pursuant to Chapter 36.73 RCW, this
chapter shall be liberally construed to permit the accom-
plishment of its purposes. (Ord. 5245 § 1 (part), 2014:
Ord. 5076 §3 (part), 2009)
15.01-1 (Revised 7/14)
Bremerton Municipal Code 15.01.020
Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.010 UTILITY OPERATIONS.
15.01.015 ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS
UPDATES.
15.01.020 DEFINITIONS.
15.01.030 UTILITY SERVICE
AGREEMENT.
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
15.01.050 CONDITION OF SERVICE -
CONTRACT.
15.01.060 PENALTY FOR FALSE
INFORMATION.
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT.
15.01.075 LOCAL IMPROVEMENT
DISTRICTS.
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
15.01.090 PUBLIC UTILITY
CONSTRUCTION
AGREEMENT.
15.01.100 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT
AGREEMENTS.
15.01.110 ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS.
15.01.120 BONDING.
15.01.130 AUTHORITY.
Prior legislation: Ord. 4856.
15.01.010 UTILITY OPERATIONS.
It is the purpose of this title to regulate City utility
operations so as to provide continued safe and reliable
utility service to the residents of the City of Bremerton
and to those nonresidents the City agrees to serve. It is
the City’s policy to provide sufficient revenue from
those served through the assessments, rates, fees, and
charges set forth in Chapter 15.06 BMC to support the
costs of operation, capitalization and debt service of the
municipal utilities.
Municipal utilities shall include potable water,
wastewater and stormwater systems, and those opera-
tions related to the efficient administration of these sys-
tems and their assets. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4442 §3, 1993; Ord. 4309
§2 (in part), 1991)
15.01.015 ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS
UPDATES.
The Public Works and Utilities Director is autho-
rized to update and revise all standards in this title as
deemed appropriate. (Ord. 5250 §1 (in part), 2014: Ord.
5209 §1, 2013)
15.01.020 DEFINITIONS.
The terms used in this title shall mean the follow-
ing, except where the context otherwise requires:
(a) Definitions "A":
"Active account" shall mean an account that has
current usage, billing and payment activity.
"Active water service" shall mean that the water
meter for the service location has registered consump-
tion.
"AKART" shall mean all known, available, and
reasonable methods of prevention, control, and treat-
ment. See also the State Water Pollution Control Act,
RCW 90.48.010 and 90.48.520.
"As-graded" shall mean the extent of surface condi-
tions on completion of grading.
"Average daily" shall mean the total quantity
divided by the number of days of waste or stormwater
discharge or water use by the typical user in a user class.
(b) Definitions "B":
"Backflow" shall mean the flow of water or other
liquids, mixtures or substances into the distribution sys-
tem of the public water supply from any source or
sources other than the intended source.
"Backflow prevention device" shall mean a device
to counteract back pressure and prevent back siphonage
or backflow.
"Best management practices (BMPs)" means a
technique or methodology that, through experience and
research, has proven to reliably lead to a desired result.
"BOD (biochemical oxygen demand)" means the
quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure
in five (5) days at twenty (20) degrees centigrade,
expressed in parts per million or milligrams per liter
(mg/L) by weight, using the current accepted Standard
Analytical Laboratory Methods Manual.
"Bulkhead" shall mean a seawall or rock embank-
ment constructed along the waterfront to protect the land
behind it from erosion by waves and tidal action of the
sea.
(c) Definitions "C":
"Capital costs" shall mean the total costs of physi-
cal system improvements (exclusive of repair and
replacement costs covered under operation and mainte-
nance costs), including, but not limited to, the costs of
direct construction, engineering, financing, legal fees,
real estate, right-of-way, debt service, and other costs
associated with such improvements.
(Revised 7/14)15.01-2
15.01.020
"City" means City of Bremerton.
"Clearing" shall mean the destruction and removal
of vegetation by manual, mechanical, or chemical meth-
ods. This definition shall include grubbing vegetation.
"Clearing and grading permit" shall mean the writ-
ten approval of the City of Bremerton building inspector
to proceed with the act of clearing property within the
City limits of Bremerton. The clearing and grading per-
mit includes the associated approved plans and any con-
ditions of approval as well as the permit form itself.
"Combined sewer" shall mean a sewer intended to
convey sanitary sewage, industrial wastes, and storm
and surface water in a single system.
"Commercial I" shall mean any user whose busi-
ness or nonresidential wastewater discharges whose
total suspended solids and biochemical oxygen demand
is less than two hundred one (201) mg/L.
"Commercial II" shall mean any user whose busi-
ness or nonresidential wastewater discharges whose
total suspended solids and biochemical oxygen demand
ranges from four hundred one (401) to six hundred (600)
mg/L.
"Commercial III" shall mean any user whose busi-
ness or nonresidential wastewater discharges whose
total suspended solids and biochemical oxygen demand
ranges from two hundred one (201) to four hundred
(400) mg/L. The commercial III user shall have some
form of pretreatment in place to reduce the discharge
strength. The user must have an appropriately sized,
properly installed, regularly maintained and sufficiently
documented type of treatment device in place to help
reduce the strength of their sewer discharge.
"Commercial agriculture" shall mean those activi-
ties conducted on lands defined in RCW 84.34.020(2),
and activities involved in the production of crops or
livestock for wholesale trade. An activity ceases to be
considered commercial agriculture when the area on
which it is conducted is proposed for conversion to a
nonagricultural use or has laid idle for more than five (5)
years, unless the idle land is registered in a federal or
state soil conservation program, or unless the activity is
maintenance or irrigation ditches, laterals, canals, or
drainage ditches related to an existing and ongoing agri-
cultural activity.
"Commercial business with living units" shall mean
a business with residential living units attached; the util-
ity rates will be based on the business type.
"Commercial property" shall mean a parcel of prop-
erty which is developed for nonresidential purposes.
"Commercial special" shall mean any user whose
business or nonresidential wastewater discharge whose
total suspended solids (TSS) and biochemical oxygen
demand (BOD) exceeds six hundred one (601) mg/L.
These users will be charged for wastewater services on
the basis of their specific discharge, which provides
equitable recovery of the City’s cost of conveying, own-
ing, operating, and maintaining the wastewater treat-
ment system, rather than average class strength.
"Condominium (condo)" shall mean an apartment
that is individually owned but the land is jointly owned
by all homeowners.
"Connection fee" shall mean charges made for con-
nection to the utility system. The connection fees will
include the costs of tapping the water main, sewer main
or storm main, installing the service and meter, restoring
the surface, and all other costs associated with the phys-
ical connection of the customer system to the City utility
system.
"Construction charge and special fees" shall mean
those charges made by the City to cover its unreim-
bursed construction costs for installing special facilities
not covered by connection fees and general facility fees.
"Contract user" shall mean any user who, by virtue
of the amount, strength, or location of its discharge or
the conditions of service, requires a contractual basis for
service to be equitably served.
"Creek" shall mean those areas where surface
waters flow sufficiently to produce a defined channel or
bed. A defined channel or bed is indicated by hydrauli-
cally sorted sediments or the removal of vegetative litter
or loosely rooted vegetation by the action of moving
water. The channel or bed need not contain water year
around. This definition is not meant to include stormwa-
ter runoff devices or other entirely artificial water-
courses unless they are used to store and/or convey pass-
through stream flows naturally occurring prior to con-
struction.
"Critical area" shall mean any area designated as a
critical area pursuant to RCW 36.70A.170 and Chapter
20.14 BMC.
"Cross connection" shall mean any physical
arrangement whereby the City water system is con-
nected, directly or indirectly, with any other water sup-
ply system, sewer, drain, conduit, pool, storage
reservoir, plumbing fixture, or other device which con-
tains or may contain contaminated water, sewage, or
other waste or liquids of unknown or unsafe quality that
may be capable of imparting contamination to the City
water system as a result of backflow. Bypass arrange-
ments, jumper connections, removal sections, swivel or
changeover devices, and other temporary or permanent
devices through which or because of which backflow
could occur are considered to be cross connections.
"Cubic feet (CF)" shall mean cubic feet of measure.
(d) Definitions "D":
"Deactivated meters" shall mean utility accounts
where the customer requests the water meter to be shut
off and locked, and the water/wastewater services and
associated billings be temporarily suspended. The
account will continue to be billed for stormwater until
the meter is reactivated.
15.01-3 (Revised 7/14)
Bremerton Municipal Code 15.01.020
"Degradation" shall mean deterioration of an area
including, but is not limited to, impacts such as sedi-
mentation, erosion, and loss of shading, light, and noise.
"Department" shall mean the Department of Public
Works and Utilities.
"Developed lot" shall mean a lot or parcel of land
upon which a structure(s) is located, which cannot be
more intensively developed pursuant to the Bremerton
zoning code, and which cannot be further subdivided
pursuant to City subdivision regulations.
"Development" shall mean any activity that
requires federal, state, or local approval for the use or
modification of land or its resources. These activities
include, but are not limited to, subdivision and short
subdivisions; binding site plans; planned unit develop-
ments; variances; shoreline substantial development;
clearing activity; excavation; embankment; fill and
grade work; converting fallow land or undeveloped land
to agricultural purposes; activity conditionally allowed;
building or construction; revocable encroachment per-
mits; and septic approval.
"Development area" shall mean an area where the
movement of earth or a change in the existing soil cover
(both vegetative and nonvegetative) and/or the existing
soil topography occurs as a result of an applicant’s
development plans.
"Director" shall mean the Director of Public Works
and Utilities or any other duly authorized representative
designated by the Director as the person responsible for
technical direction of this code.
"Drainage basin" shall mean an area from which
runoff water collects to be discharged into a stream or
other body of water.
"Drainage plan" shall mean a plan for receiving,
handling, and transporting stormwater or surface water
runoff within the site.
"Driveway drain" shall mean a drain typically
located below street grade at the bottom of a sloped
driveway.
"Dry season" shall mean the months of May
through September.
"Duplex" shall mean a residential unit containing
two (2) separate dwelling units with any configuration
or two (2) dwelling units located on one parcel.
(e) Definitions "E":
"Earth" shall mean the natural mineral and organic
material forming the soil and its underlying substance.
For the purposes of this chapter, earth shall include
sand, gravel, and ledge rock.
"Ecology" shall mean the Washington State
Department of Ecology.
"Emergency" shall mean a situation demanding
immediate action with threat to life, property or environ-
ment.
"Engineered fill" shall mean soil fill, which is wet-
ted or dried to near its optimum moisture content, placed
in lifts of twelve (12) inches or less and each lift com-
pacted to a minimum percent compaction as specified
by a geotechnical engineer.
"Engineering Design and Construction Standards"
shall mean the City of Bremerton’s Standards for Work
in Rights-of-Way.
"Equivalent residential unit (ERU)" shall mean a
unit of measurement equivalent to an average single-
family residence. This measurement shall be used to
determine sewer general facility charges. ERUs cannot
be transferred from one property or account to another
property or account.
"Excavate" shall mean the mechanical removal of
earth material, including soil, sand, gravel, rock, con-
crete or asphalt.
"Existing service" shall mean a functioning water
service line or sewer lateral that is physically located at
the parcel.
"Existing site conditions" shall mean:
For developed sites with stormwater facilities that
have been constructed to meet the standards in the min-
imum requirements of the ordinance codified in this
title, "existing site conditions" shall mean the existing
conditions on the site;
For developed sites that do not have stormwater
facilities that meet the minimum requirements, "existing
site conditions" shall mean the conditions that existed
prior to local government adoption of the ordinance cod-
ified in this section. If in question, the existing site con-
ditions shall be documented by aerial photograph
records, or other appropriate means;
For all sites in water quality sensitive areas, "exist-
ing site conditions" shall mean undisturbed forest for the
purpose of calculating runoff characteristics; and/or
For all undeveloped sites outside of water quality
sensitive areas, "existing site conditions" shall mean the
existing conditions on the site.
"Expanded service" shall mean the increase in
water service based on the addition or increase in size in
water meter(s) serving the customer, the increase in
wastewater service based on equivalent residential units
or the increase in stormwater service based on impervi-
ous surface units.
"Extended line" shall mean a privately financed
water, wastewater or stormwater main constructed with
the written approval of the Director or their designee.
(f) Definitions "F":
"Facility" means any food processing establish-
ment, food sales establishment, or food service estab-
lishment.
"Fats, oils and greases" means organic compounds
derived from animal and/or plant sources that contain
multiple carbon triglyceride molecules. These sub-
stances are detectable and measurable using analytical
procedures established in Title 40 of the Code of Federal
(Revised 7/14)15.01-4
15.01.020
Regulations Part 136 (40 CFR 136). Commonly referred
to as "polar."
"Fill" means a deposit of earth material placed by
artificial means to increase the ground surface elevation
or to replace excavated material.
"Food" means any raw, cooked, or processed edible
substance, ice, or ingredient used or intended for use or
sale in whole or in part for consumption.
"Food processing establishment (FPE)" means a
commercial establishment in which food is manufac-
tured or packaged for consumption.
"Food sales establishment (FSE)" means retail and
wholesale grocery stores, retail seafood stores, food pro-
cessing plants, bakeries, confectioneries, fruit, nuts and
vegetable stores and places of business and similar
establishments, mobile or permanent, engaged in the
sale of food primarily for consumption off premises.
"Food service establishments (FSE)" means any
establishment for the preparation and serving of meals,
lunches, short orders, sandwiches, frozen desserts, or
other edible products and/or are required to have a food
business permit issued by Kitsap County Department of
Health. The term includes: restaurants, coffee shops,
cafeterias, short order cafes, luncheonettes, taverns,
lunchrooms, places which manufacture retail sand-
wiches, soda fountains, institutional cafeterias, catering
establishments, food vending vehicles, and operations
connected therewith; and similar facilities by whatever
name called.
"Force main" shall mean a sanitary sewer pressur-
ized pipe system used to transfer wastewater from a
sewer lift station to the wastewater treatment facility.
"Fourplex" shall mean a residential unit containing
four (4) separate dwelling units with any configuration
or four (4) dwelling units located on one (1) parcel.
(g) Definitions "G":
"General facilities charges (GFC)" shall mean the
charge established to reflect the proportionate cost share
for existing source, treatment, distribution, transmis-
sion, collection, interception, and storage facilities that
will be paid on all new and/or expanded utility connec-
tions to the City utility.
"Geologically hazardous areas" shall mean areas as
defined in the City’s critical areas ordinance and
includes areas that because of their susceptibility to ero-
sion, sliding, earthquake or other geological events are
not suited to the siting of commercial, residential or
industrial development consistent with public health or
safety concerns.
"Geotechnical engineer" shall mean a professional
engineer currently registered in the State of Washing-
ton, qualified by reason of experience and education in
the practice of geotechnical engineering, and designated
by the owner as the geotechnical engineer of record for
the project.
"Grading" shall mean the movement of earth mate-
rial through mechanical or other means to create the fin-
ished surface and contour of a project site.
"Grease" means rendered animal fat, vegetable
shortening, and other such oily matter used for the pur-
poses of and resulting from preparing and/or cooking
food.
"Grease interceptor" means an interceptor of at
least seven hundred fifty (750) gallon capacity whose
rated flow exceeds fifty (50) gallons per minute (gpm)
to serve one (1) or more fixtures and which is remotely
located underground and outside of a food service facil-
ity. It is designed to collect, contain or remove food
wastes and grease from the waste stream while allowing
the balance of the liquid waste ("gray water") to dis-
charge to the wastewater collection system by gravity.
"Grease removal unit" means a device designed to
separate fats, oils, and grease from liquid waste prior to
the wastewater entering the wastewater system.
"Grease trap" means a device located inside a food
service facility designed to retain grease from one (1) to
a maximum of four (4) fixtures whose rated flow is fifty
(50) gallons per minute (gpm) or less. It is designed to
collect, contain or remove food wastes and grease from
the waste stream while allowing the balance of the liq-
uid waste to discharge to the wastewater collection sys-
tem by gravity or mechanical means.
"Grinder pump" shall mean a system that takes liq-
uid wastes from a home/business and pumps the waste
to the City’s sewage conveyance system, located in the
public right-of-way. The grinder pump system includes
a pump, pump basin, piping, and electrical controls.
"Ground cover" shall mean a dense covering of
small plants such as salal, ivy, ferns, mosses, grasses, or
other types of vegetation with a trunk or stem size less
than four (4) inches in diameter and which normally
cover the ground.
"Ground water" shall mean water in a saturated
zone or stratum beneath the surface of land or a surface
water body.
"Grubbing" shall mean the act of removing vegeta-
tion by the roots.
(h) Definitions "H":
"Hard surface" means an impervious surface, a per-
meable pavement, or a vegetated roof.
"Hazardous materials" means any material, includ-
ing any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or sig-
nificantly contribute to, a substantial present or potential
hazard to human health, safety, property or the environ-
ment when improperly treated, stored, transported, dis-
posed of, or otherwise managed.
"Health Officer" shall mean the Kitsap Health Dis-
trict Health Officer or designee.
15.01-5 (Revised 7/14)
Bremerton Municipal Code 15.01.020
"Hundred cubic feet (HCF)" shall mean hundred
cubic feet of measure.
"Hyperchlorinated" means water that contains more
than ten (10) mg/L chlorine.
(i) Definitions "I":
"Illicit connection" means any manmade convey-
ance that is connected to the stormwater system without
a permit, excluding roof drains and other similar type
connections. Examples include sanitary sewer connec-
tions, floor drains, channels, pipelines, conduits, inlets,
or outlets that are connected directly to the municipal
separate storm sewer system.
"Illicit discharge" means any direct or indirect non-
stormwater discharge to the City’s storm drain system,
except as expressly exempted by this chapter.
"Impervious/hard surface unit (IHSU) (ISU)" shall
mean a configuration or conglomeration of impervious
surface. One (1) impervious surface unit (IHSU) is
equivalent to two thousand five hundred (2,500) square
feet of impervious surface area.
"Improper stormwater inflow" or "improper con-
nection" shall mean any kind of stormwater connection
or inflow to the wastewater system prohibited by this
chapter including, but not limited to: roof drains, park-
ing lot drains, curtain drains, driveway drains and sump
pumps.
"Improved premises" shall mean any area which
has been altered such that the runoff from the site is
greater than runoff prior to development.
"Inactive account" shall mean an account that has
no current usage, billing or payment activity.
"Inactive water service" shall mean that the water
meter for the service location has not registered any
noticeable consumption. Some of the reasons for inac-
tivity would be by a customer’s request, shut off for
nonpayment, requested deactivation or the water meter
has been removed for non-usage.
Industrial User. (See "Commercial special.")
"Infiltration" shall mean ground water entering the
wastewater or stormwater system through open pipe
joints, cracks in manhole walls, and cracked pipe.
"Inflow" shall mean rainwater or other clean water
that enters the wastewater system through roof leader
connections, catch basins, yard and foundation drains,
perforated manhole covers, and other openings to the
wastewater system.
(j) Reserved.
(k) Reserved.
(l) Definitions "L":
"Lakes" shall mean natural or artificial bodies of
water of two (2) or more acres and/or where the deepest
part of the basin at low water exceeds two (2) meters
(6.6 feet). Artificial bodies of water with a recirculation
system approved by the Public Works Department are
not included in this definition.
"Land development permit" shall mean a prelimi-
nary or final plat for a single-family residential develop-
ment; a building permit; site plan; preliminary or final
planned unit development plan.
"Lateral sewer" shall mean a sanitary sewer con-
structed within a public right-of-way between the stan-
dard gravity sanitary sewer and the right-of-way line in
accordance with current Engineering Design and Con-
struction Standards.
"Low impact development (LID)" shall mean a
stormwater and land use management strategy that
strives to mimic predisturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpi-
ration by emphasizing conservation, use of on-site natu-
ral features, site planning, and distributed stormwater
management practices that are integrated into a project
design.
(m) Definitions "M":
"Mechanical equipment" shall mean all motorized
equipment used for earth moving, trenching, excava-
tion, gardening, landscaping, and general property
maintenance exceeding twelve (12) horsepower in size.
"Minimum design capability" means the design
features of a grease interceptor and its ability to or the
volume required to effectively intercept and retain
greases from grease-laden wastewaters discharged to
wastewater system.
"Multifamily units" shall mean a parcel of property
which has been legally developed with more than two
(2) residential living units.
"Municipal separate storm sewer system (MS4)"
means a conveyance or system of conveyances, includ-
ing roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, manmade channels,
or storm drains, which are:
(1) Owned or operated by the City of Bremerton;
(2) Designed or used for collecting or conveying
stormwater; and
(3) Not part of a publicly owned treatment works
(POTW) and not a combined sewer.
(n) Definitions "N":
"National pollutant discharge elimination system
(NPDES) stormwater discharge permit" shall mean a
permit issued by the Environmental Protection Agency
(EPA) (or by the Washington Department of Ecology
under authority delegated pursuant to 33 USC Section
1342(b)) that authorizes the discharge of pollutants to
waters of the United States, whether the permit is appli-
cable on an individual, group, or general area-wide
basis.
"Native growth area" shall mean a restrictive area
where all native, predevelopment vegetation shall not be
disturbed or removed except for removal pursuant to an
enhancement program approved pursuant to this chapter
or to remove dead or diseased vegetation. The purpose
of the area is to protect steep slopes, slopes with erosion
(Revised 7/14)15.01-6
15.01.020
potential, landslide and seismic hazards, creeks, wet-
lands and/or riparian corridors, wildlife, and areas
shown on the environmentally sensitive areas map. This
area shall be defined during the development review
process and shown on the recorded plat, short plat or
approved site plan.
"Natural location" shall mean the location of those
channels, swales, and other nonmanmade conveyance
systems as defined by topographic contours existing for
the subject property, as defined from maps or photo-
graphs, or such other historical means as appropriate.
"New development" shall mean the following
activities: land disturbing activities, structural develop-
ment, including construction, installation or expansion
of a building or other structure; creation of impervious
and hard surfaces; Class IV - general forest practices
that are conversions from timber land to other uses; and
subdivision and short subdivision of land as defined in
RCW 58.17.020. All other forest practices and commer-
cial agriculture are not considered new development.
"Nonpolar (mineral origin)" means any water or
waste which contains more than one hundred (100) parts
per million (1,000,000) by weight of fat, oil or grease as
measured using analytical procedures established in 40
CFR Part 136.
"Nonstormwater discharge" shall mean any dis-
charge to the storm drain system that is not composed
entirely of stormwater.
"Notice of intent for construction activity" means
the application form for coverage under the construction
stormwater general permit.
(o) Definitions "O":
"Occupied property" shall mean real property on
which a structure exists that is being served and being
billed by an existing or temporary utility facility.
"Open space" shall mean land set aside for public or
private use within a development that is not built upon.
"Operation and maintenance costs (O&M costs)"
shall mean the total cost of operating and maintaining
the utility system, including, but not necessarily limited
to, costs for labor, supplies and materials, utility ser-
vices, vendor services, equipment usage, testing, taxes
and assessments.
"Outfall" shall mean point source as defined by 40
CFR 122.2 at the point where a discharge leaves the
MS4 and discharges to waters of the state. Outfall does
not include pipes, tunnels, or other conveyances which
connect segments of the same stream or other surface
waters and are used to convey primarily surface waters
(i.e., culverts).
(p) Definitions "P":
"Parcel" shall mean a distinct tract, section, or plot
of a piece of land, usually a division of a larger area.
"Parking lot drain" shall mean any drain or catch
basin that collects stormwater runoff located within the
confines of a parking lot such as those in pay parking
lots, apartment complexes, shopping centers, etc.
"Partially developed lot" shall mean a lot or parcel
of land upon which a structure is located and which is of
sufficient area so as to be capable of accommodating
additional development pursuant to the Bremerton zon-
ing code; or which may be subdivided in accordance
with the City of Bremerton subdivision chapter.
"Permanent stormwater quality control plan
(PSQC)" shall mean a plan which includes permanent
BMPs for the control of pollution from stormwater run-
off after construction and/or land disturbing activity has
been completed.
"Permeable" shall mean soil or other material that
allows the infiltration or passage of water or other liq-
uids.
"Permeable pavement" shall mean pervious con-
crete, porous asphalt, permeable pavers or other forms
of pervious or porous paving material intended to allow
passage of water through the pavement section. It often
includes an aggregate base that provides structural sup-
port and acts as a stormwater reservoir.
"Permit" shall mean a written legal authorization to
conduct an action.
"Person" shall mean any individual, association,
organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner
of a premises or as the owner’s agent.
"Pervious surface" shall mean any surface material
that allows stormwater to infiltrate into the ground.
Examples include lawn, landscape, pasture, native veg-
etation areas, and permeable pavements.
"Polar (animal and vegetable origin)" means any
water or waste which has visible fats, oils or grease
floating on the surface or adhering to the sides of the
sample containers.
"Pollution" shall mean contamination or other alter-
ation of the physical, chemical, or biological properties
of waters of the state, including change in temperature,
taste, color, turbidity, or odor of the waters, or such dis-
charge of any liquid, gaseous, solid, radioactive or other
substance into any waters of the state as will or is likely
to create a nuisance or render such waters harmful, det-
rimental or injurious to the public health, safety or wel-
fare, or to alter the ecosystem so as to endanger
domestic, commercial, industrial, agricultural, recre-
ational, or other legitimate beneficial uses, or to live-
stock, wild animals, birds, fish or other aquatic life.
Further defined in the Washington State Surface Water
Quality Standards (Chapter 173-201A WAC), Ground
Water Quality Standards (Chapter 173-200 WAC), Sed-
iment Management Standards (Chapter 173-204 WAC),
or human health-based criteria in the national Toxics
Rule (Federal Register, Vol. 57, No. 246, Dec. 22, 1992,
pages 60848-60923).
15.01-7 (Revised 7/14)
Bremerton Municipal Code 15.01.020
"Premises" shall mean a single tract of land, build-
ing, or portion of a building under a single control and
ownership.
"Pressure line" shall mean a sanitary sewer through
which wastewater must be forced by pumping or gravity
pressure to a point of collection.
"Public utilities construction agreement (PUCA)"
shall mean an agreement between the City, the devel-
oper, and the developer’s contractor to construct utility
improvements to serve a proposed development.
"Publicly owned treatment works (POTW)" shall
mean any device or system used in treatment of munic-
ipal sewage or industrial wastes of a liquid nature which
is publicly owned.
(q) Reserved.
(r) Definitions "R":
"Reimbursement agreement" shall mean an agree-
ment entered into between the installer of a utility facil-
ity and the Department for the purpose of reimbursing
the installer for all or part of the costs for installation or
extension of the utility system by subsequent develop-
ment for the facility defined in the agreement.
"Removal" shall mean the actual destruction or
causing the effective destruction through damaging,
poisoning or other direct or indirect actions resulting in
the death of a tree or ground cover.
Rendering/Disposal Company. Any facility that has
a grease interceptor shall utilize a licensed rendering and
disposal company.
"Roof drains" shall mean any downspout, scupper
or device that collects and conveys stormwater runoff
from a roof surface.
"Routine landscape maintenance" shall mean prun-
ing, weeding, planting annuals, mowing turf lands and
ground cover management which is undertaken by a
person in connection with the normal maintenance and
repair of property. This definition does not include fall-
ing or topping of trees or removal of invasive plants
resulting from lack of regular maintenance.
(s) Definitions "S":
"Sanitary sewage" shall mean the liquid wastes and
all constituents therein that are related to the use of such
sanitation facilities, toilets, bathtubs, showers, sinks,
dishwashers, washing machines, garbage grinders, and
other devices. However, any other water that enters san-
itary or combined sewers before or after discharge by a
user shall thereafter also be called sewage. "Sewage" is
essentially synonymous with the term "wastewater,"
except that wastewater may also contain liquid wastes
discharged from industrial operations or processes.
"Sanitary sewer" shall mean only those portions of
the wastewater system which are designated to carry,
transport, or dispose of wastewater.
"Sedimentation" shall mean the process of gravity-
induced settling, sinking and deposition of fragmented
rock, soil, or organic particles displaced, transported,
and deposited by erosive water-based processes.
"Septage waste" shall mean waste material pumped
from an on-site wastewater disposal system such as a
septic tank or cesspool or holding tank.
"Siltation" shall mean deposition of soil, sand, and
gravel on the surface or in stormwater conveyance sys-
tems as a result of erosion in tributary areas and trans-
port by runoff water.
"Single-family parcel or unit" shall mean a parcel
which has been developed with a single-family living
unit.
"Site" shall mean the portion of a piece of property
which is directly subject to development.
"Slope" shall mean the inclination of a surface
expressed in a ratio of horizontal run to vertical rise
measured as a numerical ratio, percent, or in degrees.
Expressed as a ratio, the first number is the horizontal
distance (run) and the second is the vertical distance
(rise), as 2:1. A 2:1 slope is a fifty (50) percent slope.
Expressed in degrees, the slope is the angle from the
horizontal plane, with a ninety (90) degree slope being
vertical (maximum) and forty-five (45) degrees being a
1:1 or one hundred (100) percent slope.
"Standard construction costs" shall mean the total
cost of installation of a utility piping system, including
the cost of all manholes, distribution system, or inciden-
tal work necessary to place the utility system in service,
meeting the minimum size and installation requirements
of the utility for the intended service.
"Standard gravity sanitary sewer" shall mean a san-
itary trunk sewer conveying flow to a point of collection
without pumping and constructed in accordance with
current Engineering Design and Construction Stan-
dards.
"Standard gravity sewer connection" shall mean a
connection made to a gravity trunk or lateral sanitary
sewer of the City, except those City sewer lines located
on the waterfront or pressure sewer line.
"Standard stormwater sewer" shall mean a storm-
water line not less than twelve (12) inches in diameter
and constructed in accordance with current Engineering
Design and Construction Standards.
"Standard water main" shall mean a water distribu-
tion line constructed in accordance with current Engi-
neering Design and Construction Standards.
"Standards" shall mean the current Engineering
Design and Construction Standards for the City of
Bremerton.
"Stormwater Management Manual" or "Stormwater
Manual" shall mean the latest version of the Washington
Department of Ecology Stormwater Management Man-
ual for Western Washington (SWMMWW), Kitsap
County Stormwater Management Manual and the Low
Impact Development (LID) Guidance Manual for Kit-
sap County, Low Impact Development Technical Guid-
(Revised 7/14)15.01-8
15.01.020
ance Manual for Puget Sound (LID Manual) by
Washington State University and Puget Sound Partner-
ship and such other standards incorporated in the Engi-
neering Design and Construction Standards.
"Stormwater pollution prevention plan (SWPPP)"
shall mean a report containing a narrative and drawings
used to explain and justify the pollution prevention deci-
sions made for a particular project. The narrative con-
tains concise information concerning existing site
conditions, construction schedules, and other pertinent
items that are not contained on the drawings. The draw-
ings and notes describe where and when the various
BMPs should be installed, the performance the BMPs
are expected to achieve, and actions to be taken if the
performance goals are not achieved. It also means a doc-
ument which describes the best management practices
and activities to be implemented by a person to identify
sources of pollution or contamination at a premises and
the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or
receiving waters to the maximum extent practicable.
"Stormwater site plan" shall mean a comprehensive
site plan and report containing all of the technical infor-
mation and analysis necessary for the City of Bremerton
to evaluate a proposed new development or redevelop-
ment project for compliance with the Bremerton Munic-
ipal Code and the Stormwater Manual. Contents of the
stormwater site plan will vary with the type and size of
the project, and individual site characteristics.
"Stormwater system" shall mean all facilities for
collecting, transporting, pumping, treating and dis-
charging stormwater.
"Sub-basin" shall mean the smallest unit into which
the land surface is subdivided for hydrologic study pur-
poses.
"Sump pump" shall mean a pump that conveys
ground water or stormwater runoff away from a sensi-
tive area of a property to prevent flooding or property
damage. A sump pump that discharges into a sanitary
sewer or wastewater system is an improper connection.
"SWMMWW" shall mean the current version of the
Washington State Department of Ecology’s Stormwater
Management Manual for Western Washington.
(t) Definitions "T":
"Total suspended solids (TSS)" shall mean materi-
als that either float on the surface of, or are in suspension
in, water, sewage, or other liquids, and which are
removable by laboratory filtering using the current
accepted Standard Analytical Laboratory Methods
Manual.
"Townhouse" shall mean a row of homes that share
common walls but ownership includes the land to each
individual owner.
"Triplex" shall mean a multifamily residential unit
containing three (3) separate dwelling units with any
configuration or three (3) dwelling units located on one
(1) parcel.
(u) Definitions "U":
"Undeveloped parcel" shall mean any parcel of real
property that has no structure or improvement requiring
utility service or has not been altered by grading or fill-
ing of the ground surface, or by construction of any
improvement or other impervious surface area that
affects the hydraulic properties of the parcel.
"Uniform Plumbing Code (UPC)" shall mean the
latest version of the Uniform Plumbing Code that has
been accepted by the City of Bremerton.
"User" shall mean any person, business, or institu-
tion owning or controlling property for which utility ser-
vice is provided and who is responsible for an account.
"User parcel" shall mean any parcel of land within
the utility service area to which water, wastewater, or
stormwater service is currently provided or to which a
charge is imposed therefor, or any other land with any
significant manmade impervious surface.
"Utility" shall mean the water, wastewater, and
stormwater utility systems of the City.
"Utility service agreement (USA)" shall mean an
agreement that the person requesting utility service
signs, which constitutes a contract with the utility.
"Utility service rates" shall mean the rates charged
for services. These will include the zero usage fixed fees
which are for the maintenance and repair of the utility
infrastructure and commodity charge for usage. Based
on service location, other associated rates, fees and
charges may be applied to the customer’s account.
(v) Reserved.
(w) Definitions "W":
"Wastewater" shall mean liquid wastes, and all con-
stituents dissolved or suspended therein, discharged by
residential, commercial, or industrial users of the waste-
water facilities system. "Wastewater" is essentially syn-
onymous with the term "sewage."
"Wastewater system" shall mean all facilities for
collecting, transporting, pumping, treating, and dispos-
ing of sewage, including biosolid utilization.
"Water meter" shall mean a device used to measure
and record the amount of water flowing through a pipe.
"Water system" shall mean all facilities for treat-
ment, storage, pumping, transmission and distribution
of water.
"Watershed" shall mean a geographic region within
which water drains into a particular river, stream, or
body of water as identified and numbered by the State of
Washington Water Resource Inventory Areas (WRIAs)
as defined in Chapter 173-500 WAC.
"Wet season" shall mean the months of October
through April.
"Wetlands" shall mean those areas as defined in the
City’s critical areas ordinance and include areas that are
inundated or saturated by surface or ground water at a
15.01-9 (Revised 7/14)
Bremerton Municipal Code 15.01.050
frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
"Wetponds" shall mean drainage facilities for water
quality treatment that contain permanent pools of water
that are filled during the initial runoff from a storm
event. They are designed to optimize water quality by
providing retention time in order to settle out particles of
fine sediment to which pollutants such as heavy metals
absorb. They also allow biologic activity to occur that
metabolizes nutrients and organic pollutants. (Ord. 5250
§1 (in part), 2014: Ord. 5209 §2, 2013)
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person
requesting utility service from the utility for water,
wastewater, or stormwater shall be required to make
application and enter into a utility service agreement.
Agreements shall be executed prior to connection to the
utility system or activation of the account.
(b) The utility service agreement shall include the
name and address of the owner and the service address
of the premises served together with the service
requested. The agreement shall be signed by the owner
of the property or the owner’s designated agent and shall
be filed with the Department. The application will have
all fees and charges required for a fully executed utility
service agreement. No partial utility service agreement
will be issued or approved; all services will be listed on
the utility service agreement at time of application. The
applicant shall pay all fees for installation of the utility
services as herein provided at the time of filing. If all
fees (water, wastewater, stormwater) are not paid the
City shall remove the water meter or not install the water
meter until such fees are paid.
(c) The utility service agreement and/or the utility
billing owner/tenant change form for service shall con-
stitute a contract between the applicant and the Depart-
ment in which the applicant agrees to pay for service
provided at the rate and in the manner specified.
(d) The agreement shall be effective at the time it
is signed by the Director and charges for service to the
premises shall be assessed from date of connection.
(e) Estimated fees, assessments, and charges
quoted by the Department in writing for utility service
shall become invalid after ninety (90) days from the date
of the estimate, or at the end of the calendar year, which-
ever is first.
(f) Every utility service agreement shall become
invalid unless the work is scheduled and completed
within one hundred eighty (180) days after the utility
service agreement is approved. The Director can autho-
rize one (1) one hundred eighty (180) day extension at
his or her discretion, based upon determination that such
extension is justified based on the facts. The extension
and basis for the extension shall be requested in writing.
If the agreement becomes invalid as provided herein, all
fees paid to the City for utility services shall remain with
the City unless requested for refund by the customer in
writing. Prorating of the refund amount shall be deter-
mined by the Director, based on the work performed to
date; if no work is performed the maximum refund will
be eighty percent (80%) to cover administrative fees.
(Ord. 5250 §1 (in part), 2014: Ord. 4909 §2, 2004; Ord.
4454 §1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309
§2 (in part), 1991)
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
(a) Access. The Department shall, as a condition
of providing utility service, be granted the authority by
the property owner to make reasonable periodic inspec-
tions of the service connection and related appurte-
nances. Such inspections may be by the Department or
other appropriate agency to enforce any of the provi-
sions of local, state, or federal laws, or any regulation
adopted hereunder. Failure to conform to the terms and
conditions shall constitute a breach of the agreement,
and shall entitle the Department to charge fees and
enforce penalties or discontinue water service after
notice as set forth in BMC 15.07.080 for delinquent
(water, wastewater, stormwater) accounts.
(b) Interruption/Failure of Service. The Depart-
ment reserves the right to temporarily discontinue ser-
vice at any time without notice to the consumer and the
City shall not be liable for damages for such interruption
or failure nor be held in breach of contract.
It shall further be provided that the City shall not be
held responsible for any damages resulting from defec-
tive plumbing or appliances on the premises, and the
fact that the agents of the Department or City have
inspected the plumbing and appliances shall not consti-
tute a basis of recovery. Damages to premises resulting
from the utility system having been interrupted or failed
shall not constitute a breach of contract on the part of the
Department or in any way relieve the consumer from
performing the obligations of his contract. (Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.01.050 CONDITION OF SERVICE -
CONTRACT.
The Department may contract for sale of surplus
water or collection of wastewater and/or stormwater
with other districts or other public agencies providing
utility service. Such services shall be through a whole-
sale contract, under such terms and conditions as shall
be deemed fair and equitable by the Department and
approved by the City Council. (Ord. 5250 §1 (in part),
(Revised 7/14)15.01-10
15.01.060
2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.060 PENALTY FOR FALSE
INFORMATION.
The conveyance to the Department of false infor-
mation in an application for a utility service or adjust-
ment credits shall forfeit the customer’s rights to service
or credits, and the customer, in the case of a credit
adjustment, shall be required to reimburse the amount of
the credit received where based upon such false infor-
mation. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT.
A property owner or owners of any specified area
situated within the utility service area requiring utility
service in conjunction with development or redevelop-
ment may petition the Department to construct public
system improvements. The Department shall review the
petition, and, subject to the utility system plan and engi-
neering and economic feasibility, authorize construction
of improvements. When completed and accepted by the
Department in writing, and upon receiving final pay-
ment, the improvements shall become part of the util-
ity’s system and shall be conveyed to the City by deed
of conveyance prior to service. (Ord. 5250 §1 (in part),
2014: Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.075 LOCAL IMPROVEMENT
DISTRICTS.
(a) If sixty percent (60%) or more of the property
owners of a specified area situated within the utility ser-
vice area petition the City to construct public system
improvements, the City may construct said improve-
ments upon execution of a local improvement district
agreement between the property owners and the City
specifying the improvements, the terms and conditions
for the improvements, and the reimbursement of all
costs associated with the improvements. Reimburse-
ment at actual costs, as adjusted by state and City regu-
lation, for the improvements may be paid in full or in
annual installments, plus interest at a rate determined by
the City based on current market rates.
(b) Deferred payments for the construction of sys-
tem improvements shall be limited to system improve-
ments and shall exclude connection fees, inspection
fees, plan check fees, and general facility charges.
(c) The City may construct the improvements, on
behalf of the property owners, utilizing City staff, nego-
tiated contracts, or competitive bids subject to state stat-
utes governing utility construction. (Ord. 5250 §1 (in
part), 2014)
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
The subsequent connection to the system improve-
ments by the property owner shall be subject to applica-
ble fees for service to include general facility charges,
connection fees, and any other applicable fees estab-
lished under this title. (Ord. 5250 §1 (in part), 2014:
Ord. 4309 §2 (in part), 1991)
15.01.090 PUBLIC UTILITY
CONSTRUCTION AGREEMENT.
A permit shall be required by the Department for all
projects, alterations, repairs, or connections to the utility
system. These activities include, but are not limited to,
activities associated with the installation of new utility
systems to be constructed by others and conveyed to the
Department under the terms of a public utilities con-
struction agreement; the opening, alteration, repair, or
replacement of the utility system; the connection to the
utility system; and the abandonment or disconnection
from the utility system.
Entering into a public utilities construction agree-
ment with the City shall not relieve the agreement
holder of the responsibility for obtaining such other per-
mits and licenses as may be required by the Department,
City, county, or other districts in whose jurisdictions the
improvements/repairs are made.
The permits shall be available from the Department
with fees established by the assessment, rates, fees, and
charges set forth in Chapter 15.06 BMC. (Ord. 5250 §1
(in part), 2014)
15.01.100 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT
AGREEMENTS.
(a) The City may enter into reimbursement agree-
ments with property owners responsible for the installa-
tion of system improvements to provide for
reimbursement to owners by others benefiting from the
improvements and connecting to the improvements at a
later time.
Requests for reimbursement by the property owner
pursuant to this section shall be made in writing prior to
entering into the public utilities construction agreement.
Specific provisions of reimbursement shall be included
in the reimbursement agreement. The Department shall
determine the area that is subject to the reimbursement
and shall identify the properties benefiting from the util-
ity system improvements in a description or a drawing
that will become part of the public utilities construction
agreement.
(b) Reimbursements will be added to the City’s
permitting and licensing computer system.
(c) Reimbursement from each benefiting property
owner shall be determined by the Department as stipu-
15.01-11 (Revised 7/14)
Bremerton Municipal Code 15.01.130
lated in the system improvement agreement. Cost recov-
ery payments by properties benefiting from connections
to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner con-
structing the improvement shall be limited to fifteen
(15) years from the date of acceptance of the improve-
ment. The City shall retain fifteen percent (15%) of the
cost recovery payments for maintaining records and
administration of the program and forward the remain-
der of the payment to the property owner who originally
constructed the water, wastewater, or stormwater sys-
tem improvement. (Ord. 5250 §1 (in part), 2014: Ord.
4909 §4, 2004; Ord. 4512 §2, 1995; Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991. Formerly
15.01.090)
15.01.110 ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS.
(a) The Engineering Design and Construction
Standards are those as defined and developed by the
Department and approved by the Director.
(b) An applicant may request a deviation pursuant
to BMC 11.12.080(b). (Ord. 5250 §1 (in part), 2014)
15.01.120 BONDING.
The Department shall require a performance
bond/deposit and warranty bond/deposit for all utility
work in accordance with BMC 11.02.220. (Ord. 5250 §1
(in part), 2014)
15.01.130 AUTHORITY.
The Department of Public Works and Utilities by
and through its Director is charged with the administra-
tion and enforcement of the provisions of this title. The
Director shall have the authority to:
(a) Develop and adopt procedures as needed to
implement this code and to carry out the responsibilities
of the Department.
(b) Request the assistance of other City depart-
ments to administer and enforce this code.
(c) Assign the responsibility for interpretation and
application of specified procedures to divisions within
the Department of Public Works and Utilities.
(d) Require or allow a performance or mainte-
nance assurance surety when authorized by a provision
of this chapter.
(e) Act as final authority requests for variance
from requirements of this title.
(f) Amend, interpret, and allow deviations from
the Engineering and Design Construction Standards
when the Director finds that said reasons are in the best
interest of the community. The Director is further autho-
rized to establish minimum requirements for the design
and construction of transportation facilities, utilities,
and other public infrastructure, and requirements for
protecting existing facilities during construction. The
Engineering and Design Construction Standards shall
be consistent with this code and adopted City policies.
Modifications to or deviations from adopted Engineer-
ing Design and Construction Standards must be sup-
ported, in writing, and demonstrate that the public
interest is protected, and the modification is based upon
sound engineering and/or public safety principles and
adequately addresses all relevant functional, safety,
maintenance, and aesthetic concerns. If a deviation is
requested by an applicant, the Director shall require all
necessary information to be provided by the applicant,
and the applicant shall pay all City costs, including staff
time and consultant fees, associated with reviewing and
approving the deviation request.
(g) Apply for grants to conduct transportation
improvements. (Ord. 5250 §1 (in part), 2014)
15.02-1 (Revised 7/14)
Bremerton Municipal Code 15.02.040
Chapter 15.02
WATER
Sections:
15.02.010 PURPOSE.
15.02.020 WATER SYSTEM PLAN.
15.02.030 SERVICE AVAILABILITY.
15.02.040 SERVICE BEYOND CITY
LIMITS.
15.02.050 WATER
SYSTEMS/ENGINEERING
DESIGN AND CONSTRUCTION
STANDARDS - GENERAL.
15.02.060 ABANDONMENT OF PRIVATE
SYSTEMS.
15.02.070 PRIVATE PRESSURE
ADJUSTMENT.
15.02.080 HYDRANTS.
15.02.090 FIRE SERVICE AND
IRRIGATION METERING.
15.02.100 SERVICE CONNECTIONS.
15.02.110 CONNECTION SIZE.
15.02.120 METERS.
15.02.130 BACKFLOW/CROSS-
CONNECTION CONTROL AND
INSPECTION.
15.02.140 WATER SYSTEM OPERATION
AND MAINTENANCE -
GENERAL.
15.02.145 PROHIBITING
FLUORIDATION.
15.02.150 INTERRUPTION OF SERVICE -
EMERGENCY.
15.02.155 WATER SHORTAGE
RESPONSE.
15.02.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
15.02.180 METER OPERATION AND
MAINTENANCE.
15.02.190 EXCESSIVE CONSUMPTION.
15.02.200 WASTE.
15.02.210 PROHIBITED ACTS.
15.02.220 VIOLATION - PENALTY.
15.02.010 PURPOSE.
This chapter establishes availability, conditions of
service, system improvement requirements, and the
operation and maintenance of the water system. (Ord.
5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991)
15.02.020 WATER SYSTEM PLAN.
A water system plan shall be developed by the
Department as required by WAC 246-290-100. The
plan shall be approved by the Mayor, adopted by the
City Council, and administered by the Director. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.030 SERVICE AVAILABILITY.
Water service is considered available if the property
is situated within the water service area defined in the
water system plan and is adjacent to the water system;
and further provided that:
(a) The water system has the capacity and facili-
ties to accommodate the additional demand, or the prop-
erty is part of a water system local improvement district
or utility local improvement district and has been
assessed for water improvements.
(b) The connection is consistent with the water
system plan.
(c) The connection is approved and permitted by
the Department.
(d) The connection is in compliance with applica-
ble federal, state, and local rules, regulations and codes.
Any customer or potential customer within the
water service area and not adjacent to the water system
may be connected to the water system subject to meet-
ing the above requirements and establishing a local
improvement district, utility local improvement district,
or entering into a public utilities construction agreement
with the City for system extension and/or improvements
of the water system for service to the premises. For the
purposes of this section "adjacent" shall mean water
extended to and though the frontage or to and through
the property to potential adjacent development. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.040 SERVICE BEYOND CITY LIMITS.
Property that is outside existing City limits shall be
permitted water service only upon entering into an out-
side utility agreement with the City providing for:
(a) Granting to the City of Bremerton a limited
power of attorney to include owner’s consent to annex-
ation of the property as part of any notice of intent or
petition for annexation presented to the City of Bremer-
ton;
(b) Consistency with any proposed extraterritorial
comprehensive land use plan and development stan-
dards for the property adopted pursuant to RCW
35.13.177 for new development; and
(c) Consistency with adopted City ordinances and
policies for new development;
(d) Consistency with the adopted city water sys-
tem plan and Engineering Design and Construction
(Revised 7/14)15.02-2
15.02.050
Standards for new developments. (Ord. 5250 §1 (in
part), 2014: Ord. 4309 §2 (in part), 1991)
15.02.050 WATER SYSTEMS/ENGINEERING
DESIGN AND CONSTRUCTION
STANDARDS - GENERAL.
All water mains and appurtenances shall be
installed by the Department or a contractor licensed in
accordance with the provisions of this chapter in com-
pliance with the Engineering Design and Construction
Standards, and local, state and federal regulations. All
water system extensions shall be installed from the
existing water main to the proposed development and
along the entire frontage of the premises of the develop-
ment to be served.
The Department may, at its option, require installa-
tion of water mains larger than the minimum sizes spec-
ified in the Engineering Design and Construction
Standards to provide for adequate future capacity within
the water system. The City may authorize the entering
into a cost sharing agreement to contribute to the cost for
larger mains or other improvements based upon the
water system plan. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.02.060 ABANDONMENT OF PRIVATE
SYSTEMS.
Upon completion of a new water main, owners of
premises adjacent to or within two hundred fifty (250)
feet of the main, who are being supplied with City water
service through a private system or have a connection to
a private service, shall make application for a new utility
service agreement and shall install a separate service
connection to the main. Service to the private main shall
be discontinued ninety (90) days following completion
of the new main. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.02.070 PRIVATE PRESSURE
ADJUSTMENT.
Where water supply is not available to a premises
because of low pressure during periods of peak demands
for water, or where property is situated at such an eleva-
tion that it cannot be assured of adequate pressure, the
owner may, at the owner’s expense, install a pump or
pump system to furnish supply pressure, which shall be
approved by the Department. The Department approval
shall be based on the protection of the safety and integ-
rity of the water system and not on the adequacy of the
private system’s design for its intended use. The auxil-
iary system shall be separated from the meter box and
remain the property of the property owner, who will be
solely responsible for its maintenance and operation.
In the event local conditions result in high pressure
(exceeding eighty (80) psi), a pressure reducing valve
may be required and installed at the expense of the
owner. The pressure reducing valve shall be separated
from the meter box and remain the property of the prop-
erty owner who will be solely responsible for its main-
tenance and operation. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.02.080 HYDRANTS.
All fire hydrants shall be installed by the Depart-
ment or a licensed contractor in compliance with the
Engineering Design and Construction Standards. No
person other than properly authorized employees or
agents of the City shall operate fire hydrants. Location
and configuration shall be reviewed by the local fire
marshal and Bremerton Fire Marshal. All fire hydrants
situated on private property for public use and to be
maintained by the Department will require access at all
times for operation and maintenance and the dedication
of an easement to the City prior to acceptance by the
Department. All fire hydrants located on private prop-
erty for private use shall be connected to the metered
system. Such hydrants shall not be maintained by the
Department and shall be the sole responsibility of the
property owner. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.02.090 FIRE SERVICE AND IRRIGATION
METERING.
(a) Except as provided for in BMC 18.02.170, all
fire service lines shall have separate service lines and
separate meters. If the existing service to the property
does not meet the correct flow requirement, the cost to
install the correct size will be assessed and paid to the
City before work is completed.
All new and existing automatic or manual fire
sprinkler (wet and combination standpipe) systems used
for fire protection shall be metered at the expense of the
owner. Failure to make application for and payment of
all fees for the installation of a meter as required on non-
metered fire lines within ninety (90) days of notification
shall be cause for the discontinuance of water service to
the fire protection system.
(b) All commercial or industrial sites shall have
separate metered service for irrigation if irrigation is
part of the approved new development. (Ord. 5250 §1
(in part), 2014: Ord. 4958 §1, 2005: Ord. 4309 §2 (in
part), 1991)
15.02.100 SERVICE CONNECTIONS.
(a) All service connections shall be installed by
the Department in accordance with the Engineering
Design and Construction Standards.
The service connections shall be extended at right
angles from the water system to the property line and
installed within the right-of-way not to exceed forty (40)
feet from the main. The water service line within the
public right-of-way shall be maintained by and kept
within the exclusive control of the City. Each service
15.02-3 (Revised 7/14)
Bremerton Municipal Code 15.02.130
connection shall have its own service line and meter.
Installation shall be at the expense of the property
owner.
(b) Whenever an applicant requests and receives
water service to a premises that does not front a main, a
main shall be installed as a prerequisite to connect to the
water system.
(c) To service property which does not abut on a
public right-of-way in which there is a water main, the
Department may install a connection to the most appro-
priate main. This connection shall be perpendicular to
the main to the right-of-way line, and installed within
the right-of-way not to exceed forty (40) feet from the
main, and permit connection therewith by the owner at
the property owner’s expense.
(d) Every parcel under separate ownership con-
nected to the water system shall be required to install a
separate service connection to the water main, and the
premises so supplied will not be allowed to supply water
to any other premises or parcel. However, these restric-
tions shall not apply to existing services unless improve-
ments are done to the parcel and the separate service and
meter can be installed for twenty-five percent (25%) or
less than the total improvement cost of the project or, in
the judgment of the Director, such existing connection
should be discontinued.
(e) When a single parcel of land having more than
one (1) residential structure served by a single water
meter is subdivided, the installation of new water ser-
vice(s) shall be required for the structures on the newly
established lots. The expense for installation of the new
service(s) will be to the owner that subdivided the prop-
erty, and application for the service(s) will be filed prior
to the approval of subdivision. The new service(s) will
be subject to all fees including general facility charges.
(f) When an existing structure is removed and a
new structure is constructed on the same property or
parcel, a new utility service agreement is required. Any
existing water service line that does not meet current
Engineering Design and Construction Standards and
requirements shall be flow tested and approved by the
Director for reuse. Any existing water service line deter-
mined to be substandard must be replaced as directed by
the Director at the owner’s expense.
(g) In new and pre-existing water service connec-
tions where one (1) water service serves more than one
(1) premises, each and every building or trailer, when
connected to one (1) meter, must be provided with a sep-
arate shut-off valve. Shut-off valves shall be located so
that each may be closed without disrupting water service
to the remaining units. Each separate water service not
already equipped with a shut-off valve as provided
herein must install shut-off valves, at the owner’s
expense, within ninety (90) days of notice of defect.
Failure to provide such valve, or to shut off the water at
such unit when unoccupied, will be considered suffi-
cient reason to deny any adjustment in the water bill in
the event of leakage due to these causes.
(h) The Department may require or allow addi-
tional service connections when such additional service
connections are in the best interest of the utility. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.110 CONNECTION SIZE.
The size of each water service and tap shall be
determined in accordance with the latest version of the
Uniform Plumbing Code and the Fire Safety Code.
(Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part),
1991)
15.02.120 METERS.
All meters shall be and remain the property of the
City and will not be removed unless the use of water on
the premises is discontinued, abandoned, or otherwise
removed by the City. All meters shall be sized as deter-
mined in accordance with the latest version of the Uni-
form Plumbing Code and the Fire Safety Code. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.130 BACKFLOW/CROSS-
CONNECTION CONTROL AND
INSPECTION.
Service from the water system may be contingent
upon the installation of an approved backflow preven-
tion device for the protection of the water system from
backflow.
The Department shall require the testing and
inspection of all cross-connection control devices
within its system to prevent contamination of the City
water system. The Department shall annually notify all
property owners of this requirement. It shall be the
responsibility of the property owner to provide for test-
ing and inspection by a Washington State certified back-
flow assembly tester and to submit to the Department a
written backflow assembly test report form of satisfac-
tory completion of the testing and inspection.
The Department shall inspect cross-connection
control devices, subject to a service fee.
Any cross-connection, without the appropriate con-
trol device, now in existence or hereafter discovered or
installed, shall be declared a prohibited act and shall be
enforced accordingly. The control or elimination of
cross-connections shall be in accordance with WAC
246-290-490. Water service shall be discontinued to any
premises for failure to comply with the provisions of
this portion of the code. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
(Revised 7/14)15.02-4
15.02.140
15.02.140 WATER SYSTEM OPERATION
AND MAINTENANCE - GENERAL.
The Department shall be responsible for the opera-
tion, maintenance and repair of the water system under
its jurisdiction and located within the public right-of-
way, dedicated utility easements, and utility-owned
property. The Department shall not be responsible for
servicing private systems beyond its meters, or for pub-
lic systems purchasing water under a wholesale contract
unless otherwise agreed.
When maintenance, repair, or replacement of the
water system is required due to user activity resulting in
unsafe, nonconforming, or unauthorized conditions as
set forth in this section, any expense incurred by the City
to abate such conditions shall be the responsibility of the
owner(s), in accordance with the current assessments,
rates, fees, and charges set forth in Chapter 15.06 BMC,
including any related cost and cost of collection. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.145 PROHIBITING FLUORIDATION.
The water system of the City of Bremerton shall not
be artificially fluoridated; i.e., that fluoride in any chem-
ical form shall not be added, now or in the future, unless
so ordained by a majority of the voters in an open elec-
tion. (Ord. 5250 §1 (in part), 2014: Ord. 4647, Added,
02/22/1999)
15.02.150 INTERRUPTION OF SERVICE -
EMERGENCY.
The Department may restrict the use of the water
system through regulation or control of the use when-
ever an emergency exists affecting the water system, or
for the purpose of making repairs, extensions, or any
other necessary work. Whenever reasonable, and in
cases where it has advance knowledge, the Department
will make a reasonable attempt to provide notice of such
emergency using appropriate methods of communica-
tion, setting forth any limitations on the use of the water
system that may be deemed necessary for public health
and safety.
The City shall not be held responsible for any dam-
age to private property resulting from interruption, fail-
ure of the water system, or failure of the property owner
to comply with the provisions of this code. (Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.02.155 WATER SHORTAGE RESPONSE.
It is in the public interest for the City to be prepared
with an appropriate response in the event of a water
shortage situation to protect the health, welfare, and
safety of its users.
(a) Authority. The Director shall have the author-
ity to declare various stages of water emergencies and to
implement the provisions of the Bremerton water short-
age contingency plan. The stages of this plan are advi-
sory, voluntary, mandatory restrictions, and emergency
curtailment.
(b) Mandatory Water Restrictions. If mandatory
water restrictions are declared, the Director shall issue a
public notification of the nature of the restrictions. (Ord.
5250 §1 (in part), 2014)
15.02.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
The City shall be responsible for the integrity,
safety, and continuity of the water system. As a condi-
tion of the utility service agreement the property owner
shall grant the Department the authority to make inspec-
tions at any reasonable time if the Department or other
appropriate agency has reasonable cause to believe there
exists on premises a nonconforming, unauthorized, or
unsafe condition or to verify no such condition exists.
The Director may enter onto such property to inspect the
condition or to perform any duties imposed upon the
Department by this code, provided the Department shall
first make reasonable efforts to contact the owner or per-
son responsible for such property.
The City shall have recourse to every remedy pro-
vided by law to secure entry and abate the condition.
Such remedy may include, but not be limited to, secur-
ing property owner correction; revocation, suspension,
or discontinuation of service, permits, or authorizations;
removal, reconstruction, replacement, or alteration of
unauthorized condition; or all other powers and reme-
dies which may be available under law, this code, and
regulations and procedures adopted hereunder. Any
expense incurred by the water utility to abate such con-
dition shall be the responsibility of the owner(s), in
accordance to the current assessments, rates, fees, and
charges set forth in Chapter 15.06 BMC, including any
cost in collection. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.02.180 METER OPERATION AND
MAINTENANCE.
The Department shall be responsible for all domes-
tic and commercial meters under its jurisdiction.
Where the accuracy of the reading of a water meter
is questioned, the meter shall be removed at the cus-
tomer’s request and tested. The test may be performed
in the owner’s presence if requested. A written test
report will be made. If the test discloses an over registra-
tion error by more than three percent (3%) in the meter
registry, the excess of the consumption on the three (3)
previous readings shall be credited to the customer’s
utility account. In the event that the meter is found to be
under registering by more than three percent (3%) in the
15.02-5 (Revised 7/14)
Bremerton Municipal Code 15.02.220
meter registry, the average loss of consumption of the
previous three (3) readings shall be billed to the cus-
tomer’s utility account. For meter tests in excess of one
(1) within a twelve (12) month period, the customer
shall pay for each additional test. (Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.02.190 EXCESSIVE CONSUMPTION.
When excessive consumption periodically over-
loads the capacity of a meter supplying service to any
premises, the Director shall determine the size of the
service pipe from the main and the size of the meter nec-
essary to give proper service without damage to the
meter and shall notify the property owner of the require-
ment for replacement. The replacement of service con-
nection shall be at the expense of the property owner.
Failure on the part of the property owner to comply with
the requirement within thirty (30) days shall be cause for
the termination of water service until such requirement
has been met. (Ord. 5250 §1 (in part), 2014: Ord. 4309
§2 (in part), 1991)
15.02.200 WASTE.
Any person or owner receiving water service shall
not waste water, or allow it to be wasted, by imperfect
or leaking stops, valves, pipes, closets, faucets, or other
fixtures, or to use the water for purposes other than those
named in the application. Violation shall constitute
grounds for the discontinuation of water service. A dis-
continuance of water service notice will be sent to the
customer giving them ten (10) days from the date of the
notice to correct the problem or the service will be ter-
minated. (Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in
part), 1991)
15.02.210 PROHIBITED ACTS.
It shall be unlawful for any person to violate the fol-
lowing:
(a) Tampering. It shall be unlawful for any person,
unless duly authorized by the Department, to disturb,
repair, interfere with, or damage any water source, water
main, pipe, machinery, tools, meters, hydrant, or any
building, improvement, or other appurtenances belong-
ing to, connected with, or under the control of the
Department.
(b) Contamination. It shall be unlawful for any
person to contaminate, bathe in, or fish in any water sys-
tem of the City.
(c) Water Use During Emergency. It shall be
unlawful for any person receiving water from the City to
knowingly use water for lawn or garden sprinkling and
irrigation purposes on any premises during the progress
of a fire or any other emergency condition after notice
of such restriction.
(d) Obstructing Water Meter or Hydrant. It shall
be unlawful for any person to obstruct the access to any
water meter or hydrant by placing around or thereon any
stones, bricks, lumber, dirt, or other materials; parking
or standing vehicles, constructing fences, planting
shrubs, or any other obstruction within five (5) feet of
any water meter or hydrant.
(e) Connection to Unauthorized System. It shall be
unlawful to connect the water system to any premises or
use not authorized through a service application. This
includes connecting an adjoining property or building
with a garden hose or some other means to bypass the
purchase of a meter or service for that property.
(f) Trespass in Closed Watershed. It shall be
unlawful for any person to enter or remain on City prop-
erties posted as restricted property and facility lands
without authorization by the Mayor or the Director.
(Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.02.220 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which monetary penalty may be assessed and abatement
may be required as provided therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2). (Ord.
5250 §1 (in part), 2014)
15.03-1 (Revised 7/14)
Bremerton Municipal Code 15.03.040
Chapter 15.03
WASTEWATER
Sections:
15.03.010 PURPOSE.
15.03.020 WASTEWATER
COMPREHENSIVE PLAN.
15.03.030 SERVICE AVAILABILITY.
15.03.040 SERVICE BEYOND CITY
LIMITS.
15.03.050 SERVICE - MANDATED.
15.03.060 CONDITIONS OF SERVICE -
BULK TRANSPORT.
15.03.070 WASTEWATER
SYSTEMS/ENGINEERING
DESIGN AND CONSTRUCTION
STANDARDS - GENERAL.
15.03.080 SERVICE CONNECTIONS.
15.03.090 CONNECTION OWNERSHIP.
15.03.100 WASTEWATER SAMPLING
STATIONS.
15.03.110 PRELIMINARY TREATMENT
FACILITIES.
15.03.120 BACKWATER VALVES.
15.03.130 ABANDONMENT.
15.03.140 WASTEWATER SYSTEM
OPERATION AND
MAINTENANCE - GENERAL.
15.03.150 INTERRUPTION OF SERVICE -
EMERGENCY.
15.03.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
15.03.170 REPAIR OF PRIVATE
SYSTEMS.
15.03.180 EXCESSIVE DISCHARGE.
15.03.190 WASTEWATER SYSTEM
CLEANING.
15.03.200 CHANGED SITE CONDITIONS.
15.03.210 PROHIBITED ACTS.
15.03.215 LOW PRESSURE SEWERS.
15.03.220 VIOLATION - PENALTY.
15.03.010 PURPOSE.
This chapter establishes availability, conditions of
service, system improvement requirements and the
operation and maintenance of the wastewater system.
(Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part),
1991)
15.03.020 WASTEWATER
COMPREHENSIVE PLAN.
A wastewater system comprehensive plan shall be
developed by the Department in accordance with WAC
173-240-050. The plan shall be approved by the Mayor,
adopted by the City Council and administered by the
Director. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.030 SERVICE AVAILABILITY.
Wastewater service is considered available if the
property is situated within the wastewater service area
defined in the wastewater system comprehensive plan
and is adjacent to the wastewater system, and further
provided that:
(a) The treatment and wastewater system has the
capacity and facilities to accommodate the additional
flow, or the property which is part of a wastewater local
improvement district (LID) or utility local improvement
district (ULID) and has been assessed for sewer
improvements.
(b) The connection is consistent with the wastewa-
ter system comprehensive plan.
(c) The connection is approved and permitted by
the Department.
(d) The connection is in compliance with applica-
ble federal, state, and local rules, regulations and codes.
Any customer or potential customer within the
wastewater service area and not adjacent to the waste-
water system may be connected to the wastewater sys-
tem subject to meeting the above requirements and
establishing a local improvement district (LID) or utility
local improvement district (ULID) and/or entering into
a public utilities construction agreement with the City
for system extension or improvements of the wastewater
system for service to the premises. For the purpose of
this section, "adjacent" shall mean sewer extended to
and through the frontage or to and through the property
to potential adjacent development. (Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.03.040 SERVICE BEYOND CITY LIMITS.
Property that is outside existing City limits shall be
permitted wastewater service only upon entering into an
outside utility agreement with the City providing for:
(a) Granting to the City of Bremerton a limited
power of attorney to include owner’s consent to annex-
ation of the property as part of any notice of intent or
petition for annexation presented to the City of Bremer-
ton;
(b) Consistency with any proposed extraterritorial
comprehensive land use plan and development stan-
dards for the property adopted pursuant to RCW
35.13.177 for new development; and
(Revised 7/14)15.03-2
15.03.050
(c) Consistency with adopted City ordinances and
policies for new development;
(d) Consistency with the adopted City wastewater
comprehensive plan and Engineering Design and Con-
struction Standards. (Ord. 5250 §1 (in part), 2014: Ord.
4309 §2 (in part), 1991)
15.03.050 SERVICE - MANDATED.
Any premises within two hundred (200) feet of a
City wastewater system where sewage originates and
where the Health Officer has determined that a waste-
water service connection is required in order to protect
public health and safety shall be required to connect to
the City wastewater system. The Health Officer shall
serve the owner with a written notice requiring the con-
nection. A copy of such notice shall be provided to the
Department. Such connection shall be made within the
time limit as provided for in the notice.
Where connection to City wastewater system is
required, the connection shall be made in accordance
with the Engineering Design and Construction Stan-
dards. Whenever connection to the wastewater system is
required, the property owner shall be required to remove
any connections to cesspools, septic tanks, or other on-
site wastewater disposal facilities and install a direct
connection to the wastewater system.
All abandoned facilities shall be back-filled by the
property owner as required by the Health Officer within
thirty (30) days from the time of connection to the City’s
wastewater system or sooner if such facility constitutes
a health hazard or public nuisance.
The Department is authorized and directed to begin
billing and collecting at the time of connection for all
wastewater system service charges or sixty (60) days
after written notice is served by the Health Officer,
whether or not the owner has completed connection to
the City’s wastewater system.
If the owner fails, neglects, or refuses to connect the
property, building, or premises to the wastewater system
within the time specified by the notice, the City may
make such connection. The cost of the connection shall
be assessed against the property and shall become a lien.
The City is authorized, empowered, and directed to col-
lect the cost of the connection by either foreclosure of
the lien or by a suit against the owner. (Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.03.060 CONDITIONS OF SERVICE - BULK
TRANSPORT.
No person shall discharge materials from a mobile
tank into the City wastewater system except at points
designated by the Director. Discharge of materials trans-
ported from sources outside the wastewater area, and
from commercial or industrial sources wherever
located, may be prohibited at the discretion of the Direc-
tor.
Prior to discharge of materials from a mobile tank,
a Department manifest shall be completed and submit-
ted to the Department, identifying source, quantity, and
nature of the materials to be discharged.
A charge shall be made as provided in BMC
15.06.060, Miscellaneous fees and charges. This charge
may include, but not be limited to, discharges containing
sewage or leachate from landfills, septic tanks, cess-
pools, chemical toilets, or similar sewage receptacles.
(Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.03.070 WASTEWATER
SYSTEMS/ENGINEERING DESIGN
AND CONSTRUCTION
STANDARDS - GENERAL.
All wastewater sewers and appurtenances shall be
installed by the Department or a contractor licensed in
accordance with the provisions of this chapter in com-
pliance with the Engineering Design and Construction
Standards and local, state and federal regulations.
All wastewater system extensions shall be installed
along the entire frontage of the premises or plat to be
served. The Department may, at its option, require
installation of sanitary sewers larger than the minimum
sizes specified in the Engineering Design and Construc-
tion Standards to provide for adequate capacity within
the wastewater system. The Department is authorized to
enter into cost sharing agreements to contribute to the
cost for larger sanitary sewers or other improvements
based upon the wastewater system comprehensive plan.
Upon completion of a new wastewater system
extension, owners of premises adjacent to or within two
hundred (200) feet of the wastewater system who are
being supplied with City wastewater services through a
private sewer or connection shall make application for a
new utility service agreement and shall install a separate
service connection to the new sanitary sewer. Service
from private system shall be discontinued ninety (90)
days following completion of the new main. (Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.03.080 SERVICE CONNECTIONS.
All service connections shall be installed by a con-
tractor licensed in accordance with the provisions of this
chapter in compliance with the Engineering Design and
Construction Standards.
The service connections shall be extended at right
angles from the wastewater system to a point adjacent to
the property line and shall be maintained by the property
owner.
Whenever an applicant requests wastewater service
to a premises with no fronting sewer main, a standard
15.03-3 (Revised 7/14)
Bremerton Municipal Code 15.03.130
sewer main shall be required to be installed as a prereq-
uisite to connection to the wastewater system.
Every parcel under separate ownership connected
to the wastewater system shall be required to install a
separate service connection to the wastewater main, and
the premises so supplied will not be allowed to provide
service to any other premises. However, these restric-
tions shall not apply to existing connections unless
improvements are done to the parcel and a separate
sewer lateral can be installed for twenty-five percent
(25%) or less than the total improvement cost of the
project, or in the judgment of the Director, such existing
connection should be discontinued. When a single par-
cel of land having more than one (1) residential structure
served by a single connection is subdivided, the installa-
tion of new connections shall be required for the struc-
tures on the newly established lots. The application for
service will be filed prior to the approval of the subdivi-
sion. Separate services will be consistent with the provi-
sions of this chapter. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.090 CONNECTION OWNERSHIP.
All connection from the wastewater system to the
property line or to the limits of the easement shall be the
responsibility of the property owner(s) and will not be
removed unless service to the premises is discontinued
or abandoned. Connections shall not be removed or in
any way disturbed except by approval of the Depart-
ment. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.100 WASTEWATER SAMPLING
STATIONS.
When required by the Department, the property
owner shall install and maintain at their expense a man-
hole in the side sewer to facilitate observation, sam-
pling, and measurement of the wastewater strength and
flow. The manhole shall be located as approved by the
Department and constructed in accordance with the
Engineering Design and Construction Standards. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.03.110 PRELIMINARY TREATMENT
FACILITIES.
Preliminary treatment may be required by the City
if the biochemical oxygen demand (BOD) or total sus-
pended solids (TSS) of the sewage, industrial waste, or
wastewater exceeds two hundred (200) parts per million
(1,000,000) by weight, exceeds local limits, or contains
prohibited discharges as defined herein, or exceeds
other applicable standards or regulations. High conduc-
tivity discharges will be carefully evaluated for any dis-
charges. Saltwater discharges can cause corrosion,
exacerbate odor problems in the treatment plant, inter-
fere with analysis of samples, and could affect the City’s
ability to reclaim the wastewater for other uses. Such
preliminary treatment facilities shall be approved by the
Department and constructed, operated, and maintained
by the owner at the owner’s expense.
The daily maximum pollutants allowed into the
wastewater system from any service shall not exceed the
following limits:
(Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.03.120 BACKWATER VALVES.
When a premises discharges wastewater into a
force main or pressure main or wherever a situation
exists involving an unusual danger of backflow, a back-
water valve shall be required and shall be installed in a
manner accessible for maintenance. The installation and
effective operation of the backwater valve shall be the
sole responsibility of the owner connecting to the waste-
water system. The installation shall meet the require-
ments of the Engineering Design and Construction
Standards. (Ord. 5250 §1 (in part), 2014: Ord. 4309 §2
(in part), 1991)
15.03.130 ABANDONMENT.
When a property owner demolishes or removes a
building which was connected to the wastewater utility
collection system, the owner shall be required to expose
and plug the side sewer at the property line in accor-
dance with the Engineering Design and Construction
Standards. A sewer cap permit is required to perform
Arsenic 0.10 mg/L
Cadmium 0.10 mg/L
Chromium (total) 1.0 mg/L
Chromium (hexavalent) 0.25 mg/L
Copper (total) 0.75 mg/L
Lead 0.25 mg/L
Mercury (total) 0.010 mg/L
Molybdenum 1.0 mg/L
Nickel 0.60 mg/L
Selenium 0.10 mg/L
Silver (total) 0.20 mg/L
Zinc 2.0 mg/L
Cyanide (total) 0.64 mg/L
Cyanide (free) 0.20 mg/L
Ammonia 50.0 mg/L
Benzene 0.07 mg/L
Ethyl benzene 1.70 mg/L
Toluene 1.40 mg/L
TPH-G 1.00 mg/L
TPH-D 1.00 mg/L
pH 6.0 - 10.0
(Revised 7/14)15.03-4
15.03.140
this work. (Ord. 5250 §1 (in part), 2014: Ord. 4309 §2
(in part), 1991)
15.03.140 WASTEWATER SYSTEM
OPERATION AND
MAINTENANCE - GENERAL.
The Department shall be responsible for the opera-
tion, maintenance, and repair of the wastewater system
and appurtenances under its jurisdiction and located
within the public right-of-way, dedicated utility ease-
ments, and City owned property. The Department shall
not be responsible for servicing private systems con-
nected to the wastewater system, except as provided in
this chapter.
When maintenance, repair, or replacement of
wastewater system is required due to user activity result-
ing in unsafe, nonconforming, or unauthorized condi-
tions as set forth in this chapter, any expense incurred by
the City to abate such condition shall be the responsibil-
ity of the owner(s), in accordance with the current
assessments, rates, fees, and charges set forth in Chapter
15.06 BMC, including any related cost and cost of col-
lection. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.150 INTERRUPTION OF SERVICE -
EMERGENCY.
The Department may restrict the use of the waste-
water system through regulation or control of the use
whenever an emergency exists affecting the wastewater
system, or for the purpose of making repairs, extensions,
or any other necessary work. Whenever reasonable, and
in cases where it has advance knowledge, the Depart-
ment will provide notice of such emergency using
appropriate methods of communication, setting forth
any limitations on the use of the wastewater system that
may be deemed necessary for public health and safety.
The City shall not be held responsible for any dam-
age to private property resulting from interruption, fail-
ure of the wastewater system, or failure of the property
owner to comply with the provisions of this code. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.03.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
The Department shall be responsible for the integ-
rity, safety, and continuity of the wastewater system. As
a condition of the utility service agreement the property
owner shall grant the Department the authority to make
inspections at any reasonable time if the Department or
other appropriate agency has reasonable cause to
believe there exists on premises a nonconforming, ille-
gal, unauthorized, or unsafe condition or to verify no
such condition exists. The Director may enter onto such
property to inspect the condition or to perform any
duties imposed upon the Department by this code, pro-
vided the Department shall first make reasonable efforts
to contact the owner or person responsible for such
property.
The Department shall have recourse to every rem-
edy provided by law to secure entry and abate the con-
ditions. Such remedies may include, but not be limited
to, securing property owner’s corrections; revocation,
suspension, or discontinuation of service, permits, or
authorizations; removal, reconstruction, replacement, or
alteration of unauthorized condition; or all other powers
and remedies that may be available under this title and
regulations and procedures adopted hereunder. Any
expense incurred by the City to abate such condition
shall be the responsibility of the owner(s), in accordance
with the current assessments, rates, fees, and charges set
forth in Chapter 15.06 BMC, including any related cost
and cost of collection. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.03.170 REPAIR OF PRIVATE SYSTEMS.
Whenever any private wastewater system con-
nected with the City’s wastewater system becomes
obstructed, broken, or in disrepair, the owner shall make
all repairs within five (5) days after notification by the
Health Officer or Director. If the owner fails to make
repairs within the five (5) day period, the Director, at his
or her discretion, may terminate the wastewater service
by termination of the water service to the property being
serviced by the subject property. When two (2) or more
houses or buildings are connected to the same private
sewer, the owners shall be jointly and severally liable
for work done by the City.
If the repairs are not constructed and completed in
accordance with the provisions of this code and/or in
compliance with the approved permit, and/or in accor-
dance with the current Engineering Design and Con-
struction Standards, and if the contractor or person
doing the work shall refuse to properly construct and
complete such work, notice of such failure or refusal
shall be given to the owner of the property, for whom the
work is being done, as herein provided. The Director
may abate the condition, by either causing the correction
to be completed in the proper manner, or by termination
of the water service until the correction is made. Any
expense incurred by the City to abate such condition
shall be the responsibility of the owner(s), in accordance
with the current assessments, rates, fees, and charges set
forth in Chapter 15.06 BMC, including any related cost
and cost of collection. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.03-5 (Revised 7/14)
Bremerton Municipal Code 15.03.210
15.03.180 EXCESSIVE DISCHARGE.
When excessive discharge periodically overloads
the capacity of the side sewer supplying service to any
premises, the Director shall determine the size of the
side sewer from the main necessary to give proper sewer
service without damage to the system or causing sewer
overflow. The City shall notify the property owner of
the required change in the size of the side sewer instal-
lation. The replacement of the side sewer shall be at the
expense of the property owner. Failure on the part of the
property owner to comply with the request within thirty
(30) days shall be cause for the termination of wastewa-
ter service by termination of the water service to the
property being serviced by the subject property. (Ord.
5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991)
15.03.190 WASTEWATER SYSTEM
CLEANING.
All side sewer cleaning contractors and/or plumb-
ers and owners engaged in cleaning existing side sewers
(as distinguished from plumbing and septic tank facili-
ties) shall notify the Department prior to beginning such
operations. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1
(in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.200 CHANGED SITE CONDITIONS.
When an existing structure is removed and a new
structure is constructed on the same parcel of property,
a new utility service agreement is required. Any existing
side sewer that does not meet the current Engineering
Design and Construction Standards and requirements
shall be videoed and approved by the Director for reuse.
Any existing side sewer determined to be substandard
must be replaced as directed by the Director, at the
owner’s expense. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1, 1994; Ord. 4309 §2 (in part), 1991)
15.03.210 PROHIBITED ACTS.
It shall be unlawful for any person to violate the fol-
lowing:
(a) Tampering. It shall be unlawful for any person,
unless duly authorized by the Department, to disturb,
interfere with, or damage any wastewater system,
including pipe, machinery, or tools, or buildings,
improvements, or other appurtenances belonging to,
connected with, or under the jurisdiction of the Depart-
ment.
(b) Prohibited Discharges. It shall be unlawful for
any person to deposit in any manhole, lamp hole, flush
tank, or sewer opening:
(1) Any garbage, rubbish, dead animals, or
any substance which will obstruct, or have a tendency to
obstruct, the flow of any sewer system.
(2) Discharges containing toxic, poisonous, or
flammable solids, liquids, or gases in sufficient quan-
tity, either singly or by interaction with other wastes, to
injure or interfere with any sewage collection or treat-
ment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the
receiving waters of the wastewater treatment plants.
(3) Any strong acid waste, strong alkaline
waste or other waste with corrosive properties capable
of causing damage or hazard to the structures, equip-
ment, or personnel of the City.
(4) Any waste that:
(i) Contains polar and nonpolar fats, oils
and greases in amounts that cause a visible sheen on the
discharge or in the public sewer system;
(ii) Causes a build-up of grease in any
public sewer facility;
(iii) Causes an obstruction of the public
sewer system;
(iv) Is found to contain more than one
hundred (100) parts per million (1,000,000) by weight
of fats, oils and grease as measured using analytical pro-
cedures established in 40 CFR Part 136; or
(v) Any discharge that violates Chapter
15.05 BMC, entitled "Fats, Oils and Grease."
(5) Overflows from unpolluted water storage
facilities.
(6) Clear water from refrigeration, reverse-
cycle heat pumps, and cooling or air-conditioning
equipment installed hereafter, except for the periodic
draining and cleaning.
(7) Steam exhaust or blow-off, or any heated
water until the temperature thereof has been reduced to
less than one hundred (100) degrees Fahrenheit.
(8) Waste containing suspended solids and/or
inorganic materials of such character and quantity that
unusual attention or expense is required to handle such
materials in the sewer system or at the wastewater treat-
ment plant.
(9) Any obnoxious or malodorous gas or sub-
stance capable of creating a public nuisance.
(10)Any septic tank wastes or portable holding
tank waste.
(11)Any new stormwater discharges.
(12)Any discharge of food waste through a
commercial disposal unit into a grease interceptor. Any
existing sites that are found to have food waste disposal
units will have ninety (90) days to remove the units after
notification.
(13)Any catch basins that collect wastewater
runoff from dumpsters serving food service establish-
ments that flow into the stormwater system or wastewa-
ter system. Such flow will need to be redirected to flow
into a grease interceptor and connect into a sanitary sys-
tem, unless another plan is approved by the Director.
(Revised 7/14)15.03-6
15.03.215
Maximum surface area allowed to flow into the collec-
tion system will be two hundred (200) square feet.
(14)Any single service discharge that exceeds
the following daily maximum pollutant limits:**
** Businesses that follow BMPs (best management practices) for
their industry can petition the Department for a higher limit. This
will be limited to businesses contributing less than one percent
(1%) of the total flow to the City’s wastewater system and treat-
ment plant.
(Ord. 5250 §1 (in part), 2014: Ord. 5009 §1, 2007: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.215 LOW PRESSURE SEWERS.
Low pressure sewers may be constructed in an area
where, in the opinion of the Director, it is impractical to
construct gravity sewers and the cost will not be a factor.
Low pressure sewers shall be designed and constructed
in accordance with the Engineering Design and Con-
struction Standards. The pump and enclosures shall be
owned and operated by the City. The owner shall be
financially responsible for and shall own and operate all
the electrical installation and all piping and conveyance
facilities to the property line. (Ord. 5250 §1 (in part),
2014)
15.03.220 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, Penalties.
(Ord. 5250 §1 (in part), 2014)Arsenic 0.10 mg/L
Cadmium 0.10 mg/L
Chromium (total) 1.0 mg/L
Chromium (hexavalent) 0.25 mg/L
Copper (total) 0.75 mg/L
Lead 0.25 mg/L
Mercury (total) 0.010 mg/L
Molybdenum 1.0 mg/L
Nickel 0.60 mg/L
Selenium 0.10 mg/L
Silver (total) 0.20 mg/L
Zinc 2.0 mg/L
Cyanide (total) 0.64 mg/L
Cyanide (free) 0.20 mg/L
Ammonia 50.0 mg/L
Benzene 0.07 mg/L
Ethyl benzene 1.70 mg/L
Toluene 1.40 mg/L
TPH-G 1.00 mg/L
TPH-D 1.00 mg/L
15.04-1 (Revised 7/14)
Bremerton Municipal Code 15.04.060
Chapter 15.04
STORMWATER
Sections:
15.04.010 PURPOSE.
15.04.020 ADOPTION OF MANUALS.
15.04.030 DEFINITIONS.
15.04.040 STORMWATER
COMPREHENSIVE PLAN.
15.04.050 STORMWATER
MANAGEMENT PROGRAM
(SWMP)
15.04.060 SERVICE AREA.
15.04.070 REGULATED ACTIVITIES.
15.04.080 EXEMPTIONS.
15.04.090 STORMWATER
SYSTEMS/ENGINEERING
DESIGN AND CONSTRUCTION
STANDARDS GENERAL.
15.04.100 LOW IMPACT DEVELOPMENT
- ALTERNATIVE STANDARDS.
15.04.110 SERVICE CONNECTIONS.
15.04.120 ON-SITE PRIVATE
DEVELOPMENT OR
REDEVELOPMENT
IMPROVEMENTS.
15.04.130 STORM DRAINAGE
SAMPLING STATIONS.
15.04.140 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
15.04.150 STORMWATER SYSTEM
OPERATION AND
MAINTENANCE - GENERAL.
15.04.160 CONSTRUCTION AND
MAINTENANCE OF PRIVATE
STORMWATER FACILITIES.
15.04.170 INTERRUPTION OF SERVICE -
EMERGENCY.
15.04.180 CHANGED SITE CONDITIONS.
15.04.190 PROHIBITED ACTS.
15.04.200 ELIMINATION OF IMPROPER
STORMWATER INFLOW TO
THE WASTEWATER SYSTEM.
15.04.210 VIOLATION ENFORCEMENT -
PENALTY.
15.04.010 PURPOSE.
This chapter establishes availability, conditions of
service, system improvement requirements, and the
operation and maintenance of the stormwater system.
(Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.020 ADOPTION OF MANUALS.
The following manuals are hereby adopted by ref-
erence as currently published and as hereinafter
amended:
(a) Department of Ecology Stormwater Manage-
ment Manual for Western Washington (SWMMWW);
(b) Kitsap County Stormwater Management Man-
ual;
(c) Low Impact Development (LID) Guidance
Manual for Kitsap County;
(d) Low Impact Development Technical Guidance
Manual for Puget Sound (LID Manual) by Washington
State University and Puget Sound Partnership; and
(e) Engineering Design and Construction Stan-
dards. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part),
2013)
15.04.030 DEFINITIONS.
In addition to definitions set forth in BMC
15.01.020, the definitions set forth in the manuals
adopted in BMC 15.04.020 are hereby incorporated.
If definitions in BMC 15.01.020 conflict with defi-
nitions in the manuals, the definitions set forth in BMC
15.01.020 shall prevail. (Ord. 5250 §1 (part), 2014: Ord.
5209 §3 (part), 2013)
15.04.040 STORMWATER
COMPREHENSIVE PLAN.
A stormwater comprehensive plan shall be devel-
oped by the Department meeting the provisions of RCW
35.67.030. The plan shall be approved by the Mayor,
adopted by the City Council and administered by the
Director. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3
(part), 2013)
15.04.050 STORMWATER MANAGEMENT
PROGRAM (SWMP).
A stormwater management program shall be
administered by the City pursuant to the Western Wash-
ington Phase II Municipal Stormwater NPDES Permit
currently in effect and issued by the Washington State
Department of Ecology in compliance with provisions
of the State of Washington Water Pollution Control
Law, Chapter 90.48 RCW, and the Federal Water Pollu-
tion Control Act (the Clean Water Act), Title 33 United
States Code, Section 1251 et seq. (Ord. 5250 §1 (part),
2014: Ord. 5209 §3 (part), 2013)
15.04.060 SERVICE AREA.
Stormwater service is considered available to all of
the public and private property within the City of
Bremerton. Stormwater service area includes all public
and private properties within the City of Bremerton
through either natural drainages, direct discharge to
receiving water or constructed conveyance systems.
Service is considered available for all properties in the
(Revised 7/14)15.04-2
15.04.070
City of Bremerton; however, storm drainage mitigation
may be required pursuant to BMC 15.04.070. (Ord.
5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.070 REGULATED ACTIVITIES.
Consistent with the minimum requirements con-
tained in this section, the City shall approve or disap-
prove the following activities, unless exempted in BMC
15.04.080:
(a) New development;
(b) Redevelopment;
(c) Construction site activities; and
(d) Property maintenance, repair or replacement
activities meeting specific thresholds as defined by
SWMMWW. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3
(part), 2013)
15.04.080 EXEMPTIONS.
Commercial agriculture, and forest practices regu-
lated under WAC Title 222, except for Class IV - gen-
eral forest practices that are conversions from timber
land to other uses, are exempt from the provisions of this
section.
Development undertaken by the Washington State
Department of Transportation in state highway rights-
of-way is regulated by Chapter 173-270 WAC, the
Puget Sound Highway Runoff Program.
All other new development and redevelopment is
subject to the minimum requirements of this chapter.
(Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.090 STORMWATER
SYSTEMS/ENGINEERING DESIGN
AND CONSTRUCTION
STANDARDS GENERAL.
All stormwater sewers and appurtenances shall be
installed by the Department or a contractor licensed in
accordance with the provisions of this chapter in com-
pliance with the manuals adopted in BMC 15.04.020.
All stormwater system extensions shall be installed
along the entire frontage of the premises or plat to be
served. The Department may, at its option, require
installation of stormwater mains larger than the mini-
mum sized specified in the Engineering Design and
Construction Standards to provide for adequate capacity
within the stormwater system. The Department is autho-
rized to enter into cost sharing agreements to contribute
to the cost for larger stormwater mains or other
improvements based upon the stormwater comprehen-
sive plan.
A covenant and/or easement shall be recorded with
the Kitsap County Auditor’s office for each property
containing or served by stormwater drainage facilities.
This covenant/easement shall be in a form approved by
the City Attorney. The covenant/easement shall identify
requirements and liability for preservation and mainte-
nance of LID facilities approved under this chapter and
privately held in individual or undivided ownership or
intended for public ownership, shall restrict conversion
of LID facilities, and shall grant the City access to LID
facilities on private property to allow inspection. (Ord.
5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.100 LOW IMPACT DEVELOPMENT -
ALTERNATIVE STANDARDS.
(a) The City encourages low impact development
(LID) best management practices (BMPs), as an alterna-
tive to conventional stormwater management systems
that rely on detention ponds and closed conveyance.
LID is intended to manage runoff close to the source of
generation and to mimic the predeveloped hydrologic
condition of a site. Beginning January 1, 2017, the City
will require the use of low impact development best
management practices, for new development and rede-
velopment, in accordance with its National Pollution
Discharge Elimination System (NPDES) permit as
issued, and as may be amended, by the Washington
State Department of Ecology.
(b) LID is accomplished first through minimizing
the impervious surface coverage and second by manag-
ing runoff through dispersion, infiltration, evapotranspi-
ration, or a combination of these approaches. Use of
LID BMPs may reduce or eliminate the need for con-
ventional detention facilities but does not remove the
obligation to comply with the minimum requirements of
the Stormwater Manual.
(c) A variety of BMPs to minimize impervious
surfaces and to manage stormwater have been devel-
oped and tested for use in Western Washington. These
BMPs and the overall LID approach are described in the
LID Manual.
(d) The menu of LID BMPs identified in the LID
Guidance Manual are accepted by the City for use in
stormwater site plans to address the minimum require-
ments for flow control and runoff treatment in this chap-
ter, subject to the specifications, performance standards,
and design criteria in the LID Manual and review and
approval under this chapter.
(e) A covenant and/or easement shall be recorded
with the Kitsap County Auditor’s office for each prop-
erty containing or served by storm drainage facilities.
This covenant/easement shall be in a form approved by
the City Attorney. The covenant/easement shall identify
requirements and liability for preservation and mainte-
nance of low impact development facilities approved
under this chapter and privately held in individual or
undivided ownership or intended for public ownership,
shall restrict conversion of LID facilities, and shall grant
the City access to low impact development facilities on
private property to allow inspection, maintenance, and
repair. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part),
2013)
15.04-3 (Revised 7/14)
Bremerton Municipal Code 15.04.150
15.04.110 SERVICE CONNECTIONS.
All service connections shall be installed by a con-
tractor licensed in accordance with the provisions of this
chapter in compliance with the Engineering Design and
Construction Standards as adopted in BMC 15.04.020.
The service connections shall be extended at right
angles from the stormwater system to the property line
and shall be maintained by the property owner. During
improvements to a site where the existing stormwater
connection does not meet current Engineering Design
and Construction Standards, requirements of the stan-
dards shall apply if the improvements can be installed
for twenty-five percent (25%) or less of the total
improvement cost of the project or, if in the judgment of
the Director, the improvements are necessary to protect
other upstream and downstream properties. IHSUs can-
not be transferred from one property or account to
another property or account. (Ord. 5250 §1 (part), 2014:
Ord. 5209 §3 (part), 2013)
15.04.120 ON-SITE PRIVATE
DEVELOPMENT OR
REDEVELOPMENT
IMPROVEMENTS.
All new or redevelopment projects shall provide
on-site water quality and quantity improvements to
include conveyance facilities, retention/detention
ponds, under-drains, infiltration facilities, or other on-
site stormwater drainage facilities necessary to mitigate
any increase in stormwater runoff, control off-site dis-
charge of stormwater and provide stormwater quality
treatment. All storm drainage improvements shall be in
accordance with the Engineering Design and Construc-
tion Standards and the requirements of this chapter.
On-site facilities shall be regularly maintained,
cleaned, serviced and repaired by the owner. Any facil-
ity that has not been serviced or maintained and is not
functioning as designed is nonconforming pursuant to
this chapter and Engineering Design and Construction
Standards and will be subject to abatement under BMC
15.04.140. Constructed facilities shall not be removed.
(Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.130 STORM DRAINAGE SAMPLING
STATIONS.
When required by the Department, the property
owner shall install and maintain at their expense a storm
drainage sampling station downstream from the private
stormwater drainage facilities to facilitate observation,
sampling, and measurement of surface drainage and
stormwater flows prior to discharge into the stormwater
system. The storm drainage sampling station shall be
located as approved by the Department and constructed
in accordance with Engineering Design and Construc-
tion Standards. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3
(part), 2013)
15.04.140 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
The Department shall be responsible for the integ-
rity, safety, and continuity of the stormwater system. As
a condition of the utility service agreement, the property
owner shall grant the Department the authority to make
inspections at any reasonable time if the Department or
other appropriate agency has reasonable cause to
believe there exists on the premises a nonconforming,
illegal, unauthorized, or unsafe condition or to verify no
such condition exists. The Director may enter onto such
property to inspect conditions or to perform any duties
imposed upon the Department by this code, provided the
Department shall first make reasonable efforts to con-
tact the owner or person responsible for such property.
The Department shall have recourse to every rem-
edy provided by law to secure entry and abate noncon-
forming, illegal, unauthorized, or unsafe conditions.
Such remedies may include, but not be limited to, secur-
ing property owner’s correction; revocation, suspen-
sion, or discontinuation of service, permits, or
authorizations; removal, reconstruction, replacement, or
alteration of unauthorized condition; or all other powers
and remedies that may be available under this title, and
regulations and procedures adopted hereunder. Any
expense incurred by the City to abate such condition
shall be the responsibility of the owner(s), in accordance
with the current assessments, rates, fees, and charges set
forth in Chapter 15.06 BMC, including any related cost
and cost of collection. (Ord. 5250 §1 (part), 2014: Ord.
5209 §3 (part), 2013)
15.04.150 STORMWATER SYSTEM
OPERATION AND
MAINTENANCE - GENERAL.
The Department shall be responsible for the opera-
tion, maintenance and repair of the stormwater system
and appurtenances under its jurisdiction and located
within the public right-of-way, dedicated utility ease-
ments and City owned property. The Department shall
not be responsible for servicing private systems con-
nected to the City’s stormwater system, except as pro-
vided in this chapter.
When maintenance, repair, or replacement of the
City’s stormwater system is required, due to user activ-
ities resulting in unsafe, nonconforming, or unautho-
rized conditions as set forth in this section, any expense
incurred by the City to abate such condition shall be the
responsibility of the owner(s), in accordance with the
current assessments, rates, fees, and charges set forth in
Chapter 15.06 BMC, including any related cost and cost
of collection. (Ord. 5250 §1 (part), 2014: Ord. 5209 §3
(part), 2013)
(Revised 7/14)15.04-4
15.04.160
15.04.160 CONSTRUCTION AND
MAINTENANCE OF PRIVATE
STORMWATER FACILITIES.
(a) All stormwater facilities required under this
chapter shall be constructed and maintained as set forth
in the Stormwater Management Manual, the approved
permits, and/or in accordance with the current Engineer-
ing Design and Construction Standards.
(b) Maintenance of Private Stormwater Facilities.
(1) The person or persons holding title to the
property and the applicant required to construct a storm-
water facility shall remain responsible for the facility’s
continual performance, operation, and maintenance in
accordance with the standards and requirements of the
Stormwater Management Manual, this chapter, the
approved permits, and/or in accordance with the current
Engineering Design and Construction Standards and
shall remain responsible for any liability as a result of
these duties. Language designating the responsible par-
ties shall be printed on the face of the plat documents,
covenant, easement or other agreement recorded with
the Kitsap County Auditor’s office for each property
containing or served by said stormwater drainage facili-
ties. This covenant/easement shall be in a form
approved by the City Attorney.
(2) The City shall have authority to periodi-
cally enter upon the property and inspect the stormwater
facilities to ensure such compliance and to issue orders
requiring maintenance and/or repair. In event that the
titleholders or other responsible parties do not effect
such maintenance and/or repairs, the Director may abate
the condition, by either making the corrections or by ter-
mination of the water service until the connection is
made and/or by filing a lien against the property.
(3) When an inspection identifies an exceed-
ence of the maintenance standard or a nonconforming,
unauthorized condition, maintenance/repair shall be
performed in accordance with the following schedule:
i. Within thirty (30) days for typical
maintenance of facilities.
ii. Within one (1) year for maintenance
that requires capital construction of less than twenty-
five thousand dollars ($25,000). (Ord. 5250 §1 (part),
2014: Ord. 5209 §3 (part), 2013)
15.04.170 INTERRUPTION OF SERVICE -
EMERGENCY.
The Department may restrict the use of the storm-
water system through regulation or control of the use
whenever an emergency exists affecting the stormwater
system, or for the purpose of making repairs, extensions,
or any other necessary work. Whenever reasonable, and
in cases where it has advance knowledge, the Depart-
ment will provide notice of such emergency using
appropriate methods of communication, setting forth
any limitations on the use of the stormwater system that
may be deemed necessary for public health and safety.
The City shall not be held responsible for any dam-
age to a private property resulting from interruption,
failure of the stormwater system, or failure of the prop-
erty owner to comply with provisions of this code. (Ord.
5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.180 CHANGED SITE CONDITIONS.
When an alteration to an existing parcel of property
requires a building or grading permit, a new utility ser-
vice agreement shall be required if any existing storm-
water connection does not meet the current Engineering
Design and Construction Standards. Prior to entering
into a new utility service agreement, the stormwater
connection shall be videoed and approved by the Direc-
tor for reuse. Any existing stormwater connection deter-
mined to be substandard must be replaced as directed by
the Director, at the owner’s expense. (Ord. 5250 §1
(part), 2014: Ord. 5209 §3 (part), 2013)
15.04.190 PROHIBITED ACTS.
It shall be unlawful for any person to violate the fol-
lowing:
(a) Tampering. It shall be unlawful for any person,
unless duly authorized by the Department, to disturb,
interfere with, or damage any stormwater facilities,
including pipe, machinery, tools, buildings, improve-
ments, or other appurtenances belonging to, connected
with, or under the control of the Department.
(b) Prohibited Discharges.
(1) No person shall throw, drain, or otherwise
discharge, cause or allow others under his/her control to
throw, drain or otherwise discharge into the municipal
storm drain system any materials other than stormwater.
(2) Examples of prohibited contaminants
include but are not limited to the following:
Acids, alkalis, or bases;
Animal carcasses;
Antifreeze and other automotive products;
Bark and other fibrous materials;
Batteries;
Chemicals not normally found in uncon-
taminated water;
Chlorine, bromine, or other disinfectants;
Construction materials;
Degreasers and/or solvents;
Domestic animal wastes;
Drain cleaners;
Dyes, unless approved by the City;
Flammable or explosive materials;
Food wastes;
Heated water;
Lawn clippings, leaves, or branches;
15.04-5 (Revised 7/14)
Bremerton Municipal Code 15.04.190
Metals in either particulate or dissolved
form;
Paints, stains, resins, lacquers, or var-
nishes;
Pesticides, herbicides, or fertilizers;
Petroleum products including but not lim-
ited to oil, gasoline, grease, fuel oil and heating oil;
Radioactive material;
Recreational vehicle waste;
Sewage;
Silt, sediment, concrete, cement or gravel;
Soaps, detergents, or ammonia;
Steam cleaning wastes;
Swimming pool cleaning wastewater or
filter backwash;
Trash or debris;
Any other process-associated discharge
except as otherwise allowed in this section; and
Any hazardous material or waste not listed
above.
(c) Allowable Discharges. The following types of
discharges shall not be considered illegal discharges for
the purposes of this chapter unless the City determines
that the type of discharge, whether singly or in combina-
tion with others, is causing or is likely to cause pollution
of surface water or groundwater:
Air conditioning condensation;
Discharges from emergency firefighting activ-
ities;
Diverted stream flows;
Flows from riparian habitats and wetlands;
Footing drains;
Foundation drains;
Irrigation water from agricultural sources that
is commingled with urban stormwater;
Rising ground waters;
Springs;
Uncontaminated ground water infiltration as
defined in 40 CFR 35.2005(20); and
Uncontaminated pumped ground water.
(d) Conditional Discharges. The following types
of discharges shall not be considered illegal discharges
for the purposes of this chapter, if they meet the stated
conditions, or unless the City determines that the type of
discharge, whether singly or in combination with others,
is causing or is likely to cause pollution of surface water
or groundwater:
(1) Potable water, including water from water
line flushing, hyper chlorinated water line flushing, fire
hydrant system flushing, and pipeline hydrostatic test
water. These planned discharges shall be dechlorinated
to a concentration of 0.1 ppm or less, pH-adjusted, if
necessary and in volumes and velocities controlled to
prevent resuspension of sediments in the stormwater
system.
(2) Lawn watering and other irrigation runoff.
These types of discharges shall be permitted if the
amount of runoff is minimized through water conserva-
tion efforts.
(3) Dechlorinated swimming pool discharges.
These discharges shall be dechlorinated to a concentra-
tion of 0.1 ppm or less, pH-adjusted and reoxygenized if
necessary, volumetrically and velocity controlled to pre-
vent resuspension of sediments in the stormwater sys-
tem.
(4) Street and sidewalk wash water, water
used to control dust, and routine external building wash
down that does not use detergents. These discharges
shall be permitted, if the amount of street wash and dust
control water used is minimized. At active construction
sites, street sweeping must be performed prior to wash-
ing the street.
(5) Nonstormwater discharges covered by
another NPDES permit. These discharges shall be in full
compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations.
(6) Other nonstormwater discharges. These
discharges shall be in compliance with the requirements
of a stormwater pollution prevention plan (SWPPP)
reviewed and approved by the City, which addresses
control of such discharges by applying AKART to pre-
vent contaminants from entering surface or ground
water.
(e) Prohibited Connections.
(1) The construction, use, maintenance, or
continued existence of illicit connections to the storm-
water system is prohibited.
(2) This prohibition expressly includes, with-
out limitation, illicit connections made in the past,
regardless of whether the connection was permissible
under law or practices applicable or prevailing at the
time of connection.
(3) A person is considered to be in violation of
this section if the person connects a line conveying sew-
age to the MS4 or allows such a connection to continue.
(Revised 7/14)15.04-6
15.04.200
(f) Any discharge that exceeds the following daily
maximum pollutant limits:
(Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.200 ELIMINATION OF IMPROPER
STORMWATER INFLOW TO THE
WASTEWATER SYSTEM.
(a) Purpose. The purpose of this section is to sig-
nificantly reduce improper stormwater inflow to the
wastewater system in order to eliminate or reduce
instances of combined sewer overflow events and sur-
charged sanitary sewers due to the improper inflows,
which are detrimental to public health and welfare; and
to maximize efficient operation of the wastewater sys-
tem and treatment plant.
(b) Stormwater connections to the wastewater sys-
tem are prohibited, as of January 1, 2005. A property
that maintains a stormwater connection after January 1,
2005, is charged a fee for the connection pursuant to
BMC 15.06.050(b), Rates - Stormwater.
(c) Director’s Authority to Order Disconnection.
(1) Purpose. The Director has the authority to
order the disconnection of improper stormwater inflow
to the wastewater system where that disconnection is
necessary to meet combined sewer overflow reduction
and elimination of sanitary sewer surcharging. The
order of disconnection will generally be in target areas
as defined elsewhere in this section.
(2) Notice. Director’s order of disconnection
will be provided in writing and will establish an effec-
tive date by which the improper stormwater inflow shall
be discontinued. The effective date shall be no sooner
than ninety (90) days from the date of the letter. The
effective date may be extended in writing by the Direc-
tor.
(d) Target Areas. The Director may identify target
areas within the wastewater service area (sewer or storm
drainage basins or sub-basins) which have the highest
priority for reduction of improper stormwater inflow to
the wastewater system based upon combined sewer
overflow events and sanitary sewer surcharge problems.
(e) Abatement of Improper Stormwater Inflow.
Whenever an improper stormwater inflow to the waste-
water system exists subsequent to the disconnection
requirements specified elsewhere in this section, the
Director may abate the condition including: reconstruc-
tion, replacement or removal on public or private prop-
erty as specified elsewhere in this chapter. (Ord. 5250
§1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.210 VIOLATION ENFORCEMENT -
PENALTY
(a) Any violation of any provision of this title con-
stitutes 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 title shall be guilty of
a misdemeanor pursuant BMC 1.12.020, Penalties.
(Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
Ammonia 50.0 mg/L
Arsenic 0.10 mg/L
Cadmium 0.10 mg/L
Chromium (hexavalent) 0.25 mg/L
Chromium (total) 1.0 mg/L
Copper (total) 0.75 mg/L
Cyanide (free) 0.20 mg/L
Cyanide (total) 0.64 mg/L
Lead 0.25 mg/L
Mercury (total) 0.010 mg/L
Molybdenum 1.0 mg/L
Nickel 0.60 mg/L
Selenium 0.10 mg/L
Silver (total) 0.20 mg/L
Zinc 2.0 mg/L
15.05-1 (Revised 7/14)
Bremerton Municipal Code 15.05.040
Chapter 15.05
FATS, OILS AND GREASE
Sections:
15.05.010 ADMINISTRATION.
15.05.020 PURPOSE.
15.05.030 APPLICABILITY.
15.05.040 GREASE INTERCEPTOR
REQUIREMENT.
15.05.050 STANDARDS.
15.05.060 ENZYMES, BACTERIA AND
OTHER AGENTS.
15.05.070 INSPECTION, MONITORING
AND REPORTING.
15.05.080 VIOLATION - PENALTY.
15.05.010 ADMINISTRATION.
The provisions of this chapter shall be administered
by the Director. (Ord. 5250 §1 (part), 2014: Ord. 5009
§2 (part), 2007)
15.05.020 PURPOSE.
The purpose of this chapter is to aid in the preven-
tion of sanitary sewer blockages and obstructions from
contributions and accumulation of animal- or vegetable-
derived fats, oil, and greases discharged to the wastewa-
ter system from multifamily complexes and industrial or
commercial establishments, particularly food prepara-
tion and serving facilities.
The objectives of this program are to use reasonable
and technically feasible controls to protect the health
and safety of the community and:
(a) Eliminate sanitary sewer overflows.
(b) Reduce the amount of fats, oils, and grease dis-
charged to the wastewater system.
(c) Reduce maintenance costs for the wastewater
system.
(d) Improve operation of wastewater system.
(e) Reduce maintenance cost for the treatment
plant facility operations. (Ord. 5250 §1 (part), 2014:
Ord. 5009 §2 (part), 2007)
15.05.030 APPLICABILITY.
This chapter applies to all food processing estab-
lishments, food sales establishments, food service estab-
lishments, and any other facility that discharges polar
grease to the wastewater system and is located within
the boundaries of the City’s wastewater system on or
after the effective date of the ordinance codified in this
chapter. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part),
2007)
15.05.040 GREASE INTERCEPTOR
REQUIREMENT.
(a) Fats, Oils and Grease Control Program. All
facilities are required to implement and maintain a fats,
oils and grease control program. The goal of the pro-
gram is to implement reasonable and technically feasi-
ble controls of free-floating fat, oil and grease. The basic
components of the program should include:
(1) A written program articulating manage-
ment and corporate support for the plan and a commit-
ment to implement planned activities and achieve
established goals through the implementation and
enforcement of best management practices.
(2) A description of the facility type and a
summary of the products made and/or service provided.
(3) A description of current reduction, recy-
cling and treatment activities.
(4) Schematics of the process areas illustrat-
ing drains and discharge points connected to the sanitary
sewer.
(5) Specific performance goals and imple-
mentation schedule.
(6) Initial training for new employees and
refresher training every six (6) months.
(b) New Facilities. On or after the effective date of
the ordinance codified in this chapter, food processing
establishments, food sales establishments, or food ser-
vice establishments which are newly proposed or con-
structed shall be required to install, operate and maintain
an approved type and adequately sized grease intercep-
tor necessary to maintain compliance with requirements
as described in the Engineering Design and Construc-
tion Standards for interceptor/grease trap of this chapter.
(c) Existing Facilities with Grease Removal. On or
after the effective date of the ordinance codified in this
chapter, existing food processing establishments, food
sales establishments, or food service establishments
shall be permitted to operate and maintain existing
grease interceptors or grease traps; provided, that the
equipment is in efficient operating condition. All such
establishments are required to develop and implement
best management practices (BMPs) to reduce the quan-
tity of fats, oil and grease discharged to the wastewater
system. Any facilities that are known to cause grease-
related cleaning activities in the wastewater system, a
grease-related wastewater system overflow or fail to
implement and enforce BMPs will be required to install
a properly sized and functioning grease interceptor
designed to meet the City’s grease control requirements
as described in the Engineering Design and Construc-
tion Standards for interceptor/grease trap of this chapter.
(Polar and nonpolar fats, oils and greases in amounts
that cause a visible sheen on the discharge or in the
wastewater system, a build-up of grease in any waste-
water, which accumulations, either alone or in combina-
(Revised 7/14)15.05-2
15.05.050
tion with other discharges, cause an obstruction of the
wastewater system or any water or waste which contains
more than one hundred (100) parts per million
(1,000,000) by weight of fats, oils and grease as mea-
sured using analytical procedures established in 40 CFR
Part 136.) Installation must be completed within ninety
(90) calendar days from notification by the City or as
otherwise specified by other governing agencies.
(d) Existing Facilities with/without Grease
Removal. Establishments that:
(1) Expand by twenty-five percent (25%)
their seating capacity for food service; or
(2) Renovate or remodel and a grease inter-
ceptor can be installed for twenty-five percent (25%) or
less than the total cost of the remodel; or
(3) Are known to cause grease-related clean-
ing activities in the wastewater system; or
(4) Contributed to a grease-related wastewa-
ter system overflow; or
(5) Fail to implement and enforce BMPs;
will be required to install a properly sized and function-
ing grease interceptor designed to meet the City’s grease
control requirements as described in the Engineering
Design and Construction Standards for intercep-
tor/grease trap of this chapter. (Polar and nonpolar fats,
oils and greases in amounts that cause a visible sheen on
the discharge or in the wastewater system, a build-up of
grease in any wastewater system, which accumulations,
either alone or in combination with other discharges,
cause an obstruction of the wastewater system or any
water or waste which contains more than one hundred
(100) parts per million (1,000,000) by weight of fats,
oils and grease as measured using analytical procedures
established in 40 CFR Part 136.) Installation must be
completed within ninety (90) calendar days from notifi-
cation by the City or as otherwise specified by other
governing agencies.
(e) Variance from Grease Interceptor Require-
ments. Grease interceptors required under this chapter
shall be installed unless the City authorizes the installa-
tion of a grease trap or other alternative pretreatment
technology after determining that the installation of a
grease interceptor would not be feasible due to space
constraints or other considerations. The facility bears
the burden of demonstrating that the installation of a
grease interceptor is not feasible and that the variance
will not cause the facility any problems in meeting the
requirements as described in the Engineering Design
and Construction Standards for interceptor/grease trap
of this chapter. (Polar and nonpolar fats, oils and greases
in amounts that cause a visible sheen on the discharge or
in the wastewater system, a build-up of grease in any
wastewater system, which accumulations, either alone
or in combination with other discharges, cause an
obstruction of the wastewater system or any water or
waste which contains more than one hundred (100) parts
per million (1,000,000) by weight of fats, oils and grease
as measured using analytical procedures established in
40 CFR Part 136.) The request for an alternate grease
removal device or grease trap shall contain the follow-
ing information:
(1) Detailed explanation of the reason(s) that
the installation of a grease interceptor is not feasible.
(2) Location of the wastewater system in rela-
tion to available exterior space outside the building.
Alternative pretreatment technology includes, but
is not limited to, devices that are used to trap, separate,
and hold grease from wastewater and prevent it from
being discharged into the wastewater system. Any alter-
native technology must result in a discharge that meets
the requirements as described: polar and nonpolar fats,
oils and greases in amounts that cause a visible sheen on
the discharge or in the wastewater system, a build-up of
grease in any wastewater system, which accumulations
either alone or in combination with other discharges
cause obstruction of the wastewater system or any water
or waste which contains more than one hundred (100)
parts per million (1,000,000) by weight of fats, oils and
grease as measured using analytical procedures estab-
lished in 40 CFR Part 136. The City, prior to installa-
tion, must approve any alternative pretreatment
technology. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2
(part), 2007. Formerly 15.05.050)
15.05.050 STANDARDS.
(a) Grease Interceptor.
(1) Each facility is solely responsible for the
cost of the grease interceptor installation, inspection,
cleaning and maintenance.
(2) Grease interceptor sizing and installation
shall conform to the requirements contained in the latest
version of the Uniform Plumbing Code (UPC) or other
criteria as determined on a case-by-case basis based on
review of relevant information, including, but not lim-
ited to, grease interceptor performance, waste stream
characteristics, facility location, maintenance needs,
and/or inspection needs. The aforementioned determi-
nations may or may not conform to the Uniform Plumb-
ing Code construction standards or sizing criteria for
grease interceptors or similar devices. The minimum
capacity of any exterior grease interceptor will be one
thousand five hundred (1,500) gallons unless approved
by the Director. Supporting sizing calculations shall be
submitted to the City.
(3) Grease interceptors shall be designed
using standard engineering principles for sedimentation
and flotation in gravity separators. The grease intercep-
tor will have a minimum of two (2) compartments with
fittings designed for grease retention.
15.05-3 (Revised 7/14)
Bremerton Municipal Code 15.05.050
(4) Grease interceptors shall be installed in
accordance with the Engineering Design and Construc-
tion Standards.
(5) Grease interceptors shall be installed at a
location where it is easily accessible for sample collec-
tion, inspection, and cleaning and removal of retained
grease. The grease interceptor may not be installed in
any part of the building, unless preapproved, and the
location must meet the approval of the City.
(6) Grease interceptors shall be located in the
food service establishment’s lateral line between all fix-
tures which may introduce grease into the wastewater
system and the connection to the wastewater system.
Such fixtures shall include but not be limited to sinks,
dishwashers, floor drains for food preparation and stor-
age areas, mop sinks, and any other fixture which is
determined to be a potential source of grease.
(7) Grease interceptors must be vented.
(8) Flushing the grease interceptor with water
having a temperature in excess of one hundred forty
(140) degrees Fahrenheit is prohibited (maximum tem-
perature for effect on concrete).
(9) Grease interceptors shall be equipped with
a sampling port at the outlet of the interceptor. Inspec-
tion tees and manholes must enable the City to monitor
and test the discharge for compliance with City require-
ments or to allow monitoring and testing in accordance
with the rules and regulations of other federal, state or
local agency having governmental or contractual juris-
diction within the wastewater system.
(10)Access manholes, with a minimum diam-
eter of twenty-four (24) inches, shall be provided over
each chamber and sanitary tee. The access manholes
shall extend at least to finished grade and be designed to
prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspec-
tion, cleaning and removal of retained grease and sam-
ple collection. Riser maximum will not exceed twenty-
four (24) inches.
(11)Grease interceptors shall be considered
out of compliance if the total volume of grease and sol-
ids displaces more than twenty-five (25) percent of the
effective volume of the final chamber of the interceptor.
Grease interceptors must be serviced and emptied of
accumulated waste content as required maintaining a
minimum design capability or effective volume, but not
less than once every ninety (90) calendar days. If a facil-
ity determines that cleaning every ninety (90) calendar
days is unnecessary in order to remain in compliance
with requirements, the facility may make a written
application for a variance from the cleaning schedule.
(12)Sanitary wastes (restroom wastes) cannot
be introduced into the grease interceptor.
(13)Any facility that has a grease interceptor
shall maintain a pumping contract with a licensed grease
pumping company. The pumping company will pump
the interceptor on a regular schedule without notifica-
tion from the food service. The pumping company will
notify the City if the contract is canceled by either party.
(14)Wastes removed from a grease interceptor
shall be disposed of at a facility permitted to receive
such waste. Neither grease, solids nor liquids removed
from grease interceptors shall be returned to any grease
interceptor, private sanitary sewer line, any portion of
the wastewater system or any portion of the stormwater
system.
(15)All facilities shall maintain a written
record of inspection and maintenance activities and the
rendering/disposal company manifest for a minimum of
three (3) years. All such records shall be submitted to
the City and made available for on-site inspection
during all operating hours.
(b) Grease Trap. Each facility is solely responsible
for the cost of the grease trap installation, inspection,
cleaning and maintenance.
(1) Grease trap sizing and installation shall
conform to the requirements contained in the latest ver-
sion of the Uniform Plumbing Code or other criteria as
determined on a case-by-case basis based on review or
relevant information, including, but not limited to,
grease trap performance, waste stream characteristics,
facility location, maintenance needs, and/or inspection
needs, but in no case will the grease trap be less than
twenty (20) gallons per minute flow rate. The aforemen-
tioned determinations may or may not conform to the
Uniform Plumbing Code construction standards or siz-
ing criteria for grease traps or similar devices.
(2) Grease traps shall be designed using stan-
dard engineering principles for sedimentation and flota-
tion in gravity separators.
(3) Grease traps shall be installed in accor-
dance with the Engineering Design and Construction
Standards.
(4) Grease traps shall be installed at a location
where it is easily accessible for sample collection,
inspection, and cleaning and removal of retained grease.
(5) Grease traps shall be located in the food
service establishment’s lateral line between all fixtures
which may introduce grease into the wastewater system
and the connection to the wastewater system. Such fix-
tures shall include sinks, drains and other fixtures for
food preparation and storage areas, and any other fixture
which is determined to be a potential source of grease.
Fixtures such as waste disposal units and dishwashers
shall not be connected to the grease trap.
(Revised 7/14)15.05-4
15.05.060
(6) Flushing the grease trap with water having
a temperature in excess of one hundred forty (140)
degrees Fahrenheit is prohibited.
(7) Grease traps shall be equipped with a
device to control the rate of flow through the unit. The
rate of flow shall not exceed the manufacturer’s rated
capacity recommended in gallons per minute for the
unit.
(8) Grease traps shall be considered out of
compliance if the total volume of grease and solids dis-
places more than twenty-five percent (25%) of the effec-
tive volume of the chamber. The facility and inspector
will determine and document the mutually agreed upon
maintenance schedule and complete debris removal fre-
quency.
(9) Sanitary wastes (restroom wastes) cannot
be introduced into the grease trap.
(10)Neither grease, solids nor liquids removed
from grease traps shall be returned to any grease trap,
private sanitary sewer line, any portion of the wastewa-
ter system or any portion of the stormwater system.
(11)All facilities shall maintain a written
record of inspection and maintenance activities for a
minimum of three (3) years. All such records shall be
made available for on-site inspection by representatives
of the City during all operating hours. (Ord. 5250 §1
(part), 2014: Ord. 5009 §2 (part), 2007. Formerly
15.05.060)
15.05.060 ENZYMES, BACTERIA AND
OTHER AGENTS.
The direct addition into the building plumbing,
grease trap or interceptor of enzymes, chemicals or
other agents designed to emulsify the grease compounds
is prohibited. Grease trap or interceptor design and siz-
ing criteria are based on gravimetric separation for
grease and solids removal. The addition of enzymes or
chemical emulsion agents would impede the gravimet-
ric separation and defeats the purpose of the grease trap
or interceptor. Any attempt to modify the trap or inter-
ceptor into a biological reactor by adding bacterial or
microbial agents is also prohibited. (Ord. 5250 §1 (part),
2014: Ord. 5009 §2 (part), 2007. Formerly 15.05.070)
15.05.070 INSPECTION, MONITORING AND
REPORTING.
(a) The City shall inspect food processing estab-
lishments, food sales establishments, or food service
establishments on both a scheduled and unscheduled,
unannounced basis to determine whether the require-
ments set forth in this chapter are being met.
(b) Food processing establishments, food sales
establishments, or food service establishments shall
allow City officials and other duly authorized employ-
ees or agents of the City bearing proper credentials and
identifications access at all reasonable times or during
normal hours of operation to all parts of the premises for
the purpose of inspection, observation, records exam-
ination, measurement, sampling and testing in accor-
dance with the provisions of this chapter. The City shall
have the right to set up on any user’s property devices
necessary for conducting wastewater sampling inspec-
tion, compliance monitoring and/or metering opera-
tions. All costs for laboratory collection and analysis
shall be the responsibility of the food processing estab-
lishments, food sales establishments, or food service
establishments.
(c) Each food processing establishment, food sales
establishment, or food service establishment shall retain
maintenance records with the following information for
each grease removal device located on the premises.
The records shall be kept a minimum of three (3) years
and provided to the city upon request.
(1) Date of service.
(2) Volume pumped (gallons).
(3) Name of waste hauler.
(4) Waste disposal location. (Ord. 5250 §1
(part), 2014: Ord. 5009 §2 (part), 2007. Formerly
15.05.080)
15.05.080 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). (Ord.
5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. For-
merly 15.05.090)
15.06-1 (Revised 7/14)
Bremerton Municipal Code 15.06.020
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 ASSESSMENTS, RATES, FEES
AND CHARGES -
ESTABLISHED.
15.06.020 ASSESSMENTS.
15.06.025 SEWER CONSERVATION
LOAN PROGRAM.
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,
administration and maintenance of utility accounts, and
for the operation, maintenance, repair, and improve-
ments 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. All fees,
rates, and charges for service outside the City limits will
be assessed at a charge of one hundred fifty percent
(150%) of the City rate for wastewater and one hundred
fifty percent (150%) of the City rate for water. (Ord.
5250 §1 (in part), 2014: 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 ASSESSMENTS, RATES, FEES
AND CHARGES - ESTABLISHED.
Assessments, rates, fees, and charges for services
relating to the Department for water, wastewater, storm-
water, and other related services are on file with the City
Clerk and posted on the City of Bremerton’s website.
See Chapter 3.01 BMC for the link to the City of
Bremerton’s website for rates and fees. (Ord. 5250 §1
(in part), 2014: Ord. 5131 §1, 2010: Ord. 5103 §3, 2010;
Ord. 5070 §1, 2008; Ord. 5051 §1 (Exh. A), 2008; Ord.
5030 §1 (Exh. A), 2007; Ord. 5026 §2 (Exh. A), 2007;
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 (water, wastewater, and stormwater).
Existing connections within the system as of the effec-
tive date of this code shall be considered to have paid
their proportionate share of the general facility charge
for existing use.
(2) Parcels and/or facilities which have had
utility services but have been inactive can request to
have the inactive account be reactivated. When the
account is restored and/or expanded, the GFCs shall
only be charged for the additional demand placed on the
water, wastewater, or stormwater facilities.
i. All appropriate GFCs (water/waste-
water/stormwater) will need to be paid to reactivate the
services.
(3) Parcels and/or facilities in which no utility
services are present shall be defined as new undevel-
oped parcels and shall receive no credits and shall pay
all applicable assessments, rates, fees, and charges.
(4) Change of use or loading for the facility
which is a reduction in GFCs will not be refunded or
credited.
(5) The calculation of the general facility
charge for stormwater shall be based on the total number
of IHSUs added to the parcels.
(6) 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 service.
(7) 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
Accessory Dwelling Unit 0.65 ERU/unit
Duplex/zero lot line (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
(Revised 7/14)15.06-2
15.06.020
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 (additional charges for kitchen or other fixtures
throughout the facility at the commercial rate)
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
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 SFR 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.
15.06-3 (Revised 7/14)
Bremerton Municipal Code 15.06.020
(8) The following are the definitions of the
classifications used in establishing the ERUs:
"Church" is defined as a building or structure
whose principal use is for worship and in which the inci-
dental use for school or recreational purposes is less
than twelve (12) hours per week. Church buildings used
for school purposes in excess of twelve (12) hours per
week shall be charged the GFC per student capacity in
addition to the charge per one hundred (100) seats as a
church.
"Commercial building" is defined as a building
used for conducting of wholesale or retail trade. Dry
industrial buildings or structures are those buildings or
structures housing light industrial activities where use of
water and subsequent discharge of sewer does not occur
in connection with the industrial process. Warehouses
and other storage buildings with sewer connections are
classified as dry industrial buildings.
"Convalescent hospital" (or rest home) is defined as
a building or structure used for housing of persons con-
valescing from illness or injury or persons requiring
close personal care. No additional charge shall be made
for laundry or food and drink preparation and serving
facilities included in the convalescent hospitals.
"Food preparation and serving facility" includes
restaurants, taverns, delicatessens, and wholesale and
retail bakeries, but does not include canneries, dairies,
cheese factories, packing houses and similar facilities,
which shall be classified as "wet industrial" under the
paragraph addressing wet industrial.
"Hospital" is defined as a building or structure used
for the temporary housing of ill or injured persons and
containing facilities for medical and surgical treatment
of such persons.
"Hotel" (or motel) is defined as a building or group
of buildings used for temporary housing of persons con-
taining rooms or units intended for the use of transient
persons. Those areas within hotels and motels to be used
for commercial preparation of and serving of food and
drink shall be charged at the rate for food preparation
and/or serving. Commercial areas within hotels and
motels, including convention facilities and other such
common areas other than lobby areas, shall be charged
at the rate for commercial and dry industrial areas. Areas
used for laundry facilities in hotels and motels shall be
charged at the rate for laundries and laundromats. Such
additional charges for food and drink, commercial areas
and laundry shall be in addition to the charge per room
or motel unit.
"Industrial laundry" is defined as a building or
structure or parts of buildings and structures used for
housing and operating laundry equipment for the large
scale washing of uniforms, towels, linens, etc. The
anticipated volume and strength of the sewage to be
generated from an industrial laundry would be consider-
ably more than that from a commercial laundry or laun-
dromat. Industrial laundries shall be classified as "wet
industrial" under the paragraph addressing wet indus-
trial.
"Laundry" and "Laundromat" is defined as a com-
mercial building and structure, or parts of commercial
buildings and structures, used for housing and operating
laundry equipment by the general public to wash clothes
and linens for personal use.
"Mobile home park" (including travel trailer parks)
is defined as any area or tract of land having a sewer
connection, and where sewerage collection pipes are
extended to two (2) or more spaces occupied by, or
intended to be occupied by, a mobile home, travel
trailer, or motor home which are defined as a vehicle
with or without motive power which is designed, used,
or intended for use as a place of human habitation, or as
eating, sleeping, or living quarters or any combination
thereof. A mobile home space is defined as the individ-
ual location having a sewer hookup for each such vehi-
cle. For purposes of determining the GFCs for mobile
home parks’ common buildings, such as recreation
halls, etc., shall be charged as commercial buildings.
Buildings housing laundry facilities shall be charged as
laundries and laundromats and food or drink service
buildings shall be charged as food preparation and/or
serving.
"Multifamily residence" shall be defined as a build-
ing or a group of buildings housing three (3) or more
families, living independently of each other, a family
being defined as one (1) or more person living as a sin-
Example:
Factor Range
10 - 330
2 331 - 660
3 661 - 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.
(Revised 7/14)15.06-4
15.06.020
gle housekeeping unit or household sewer service being
provided through not more than one (1) sewer connec-
tion. Common buildings in an apartment house complex
requiring sewer service shall be charged as commercial
buildings and that portion of buildings housing common
laundry facilities shall be charged as laundries and laun-
dromats.
"Recreational vehicle waste dumping station" is
defined as a building or structure used for the dumping
of sanitary sewer wastes from recreational vehicle hold-
ing tanks. Includes gray water from sinks and showers.
(This excludes an individual collector installed by a
homeowner for his/her own use.)
"Residential care/boarding facility" is defined as a
residential building or structure used for housing of per-
sons requiring either long-term supervision and general
care or any type of dependency recovery. No additional
charge shall be made for laundry or food and drink
preparation and serving facilities included in the resi-
dential care/boarding facilities.
"School" is defined as a building or group of build-
ings used for school purposes more than twelve (12)
hours per week, involving assemblage for instruction,
education, or recreation. Schools may be public or pri-
vate.
"Single-family residence" shall be defined as a
building containing one (1) kitchen, designed and/or
used to house not more than one (1) family, including all
necessary employees of such family, such building hav-
ing a single sewer service connection. Mobile homes
occupying a separate lot and providing permanent hous-
ing with a separate sewer connected shall be classified
as a single-family residence.
"Undefined buildings" and "undefined sewer use"
are those not defined in subsection (a)(8) of this section.
"Vehicle wash" is defined as a commercial building
or structure used for washing vehicles. Self-service
vehicle washes are coin-operated facilities serving the
general public that require the customer to wash the
vehicle. Full-service vehicle washes are facilities serv-
ing the general public, wherein the vehicle is washed for
the customer, either automatically or by attendants. All
other vehicle and parts washing or steam cleaning facil-
ities that discharge to the wastewater system will be
reviewed on a case-by-case basis.
"Wet industrial" is defined as a building or structure
housing industrial activities where the use of water and
subsequent discharge to the sewer occurs in connection
with an industrial process. Facilities with a discharge of
two hundred thousand (200,000) gallons per day or
greater are considered wet industrial. Other facilities
that discharge less than two hundred thousand (200,000)
gallons per day, and whose anticipated strength of the
sewage to be generated from the facility is greater than
domestic sewage strengths, may also be considered wet
industrial. Those facilities will be reviewed on a case-
by-case basis. The anticipated volume and strength of
sewage from an average single-family residence shall be
considered when calculating GFCs.
(9) Additional loading or change of use is
defined as an increased demand for wastewater treat-
ment from an existing wet industrial building or struc-
ture. The additional loading may be the result of
replacement or addition to an existing structure or facil-
ity, a change in use, or a fifteen percent (15%) or greater
increase above the permitted volume or character of the
wastewater constituents being discharged.
(10)ERUs shall be determined on the basis of
the number of single-family residence equivalent units
with the additional loading or the new use with credit
being given for the number of single-family residence
equivalent units of the original facility. No refund will
be given if the change of use results in a decreased sewer
loading. Any addition to an existing single-family resi-
dence which does not result in an additional dwelling
will be exempt from additional charge.
(11)The calculation for general facility
charges for stormwater shall be based on the number of
impervious hard surface units (IHSUs) as defined in
BMC 15.01.020. The number of IHSUs charged shall be
based on the total impervious area divided by the
amount of impervious area in an IHSU. However, all
single-family residential parcels as defined in BMC
15.01.020 shall be one (1) IHSU. For commercial devel-
opments, wherein the City requires that the develop-
ment provide for on-site detention, the IHSUs charged
shall be based on the number of acres (5.4 IHSUs per
acre).
(12)All GFCs shall be assessed and paid at the
time of execution of the utility service agreement and
prior to occupancy of the new or expanded facilities and
shall be in addition to rates and other fees, assessments,
and charges established for utility service. A deferral of
fees may be approved by the Director at his or her dis-
cretion through a written agreement with the customer
which includes any interest on the outstanding fees.
(b) Connection/Inspection Fee. A connection/
inspection fee shall be charged for all service connec-
tions to the utility system. Additional fees may be
charged if a reinspection is required as a result of the
property owner/developer’s failure to comply with the
correction notice from a prior inspection, inaccessibility
of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee or deposit shall be
assessed and paid at the time of execution of the utility
service agreement.
(c) Change in Class of Service or ERU Assign-
ment. When a change occurs which would place the cus-
tomer in a different class of service or change the ERU
assignment from that on which general facility charges
15.06-5 (Revised 7/14)
Bremerton Municipal Code 15.06.030
have been paid, an additional general facility charge
shall be charged. The additional fee shall be the differ-
ence between the general facility charge, calculated at
the current rates, based on the current class of service
and ERU assignment, and the general facility charge
that has already been paid.
(d) Capital Reserves. The general facility funds
collected under this chapter shall be deposited in the
utilities capital reserve fund and used only for utility
system capital improvements. (Ord. 5250 §1 (in part),
2014: Ord. 4909 §6, 2004; Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1000; Ord.
4512 §3, 1995; Ord. 4496 §2, 1995; Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.025 SEWER CONSERVATION LOAN
PROGRAM.
(a) Property owners who meet the requirements of
this section may qualify for a loan known as a sewer
conservation loan pursuant to RCW 35.67.360. A sewer
conservation loan under this section is a loan from the
City to a property for all, or a portion, of the GFC estab-
lished under BMC 15.06.020 and any inspection fees
related to connection to the City’s wastewater system.
The principal amount of the loan authorized by this sec-
tion shall not exceed the amount of the GFC, together
with inspection fees.
(b) In order for a property owner to qualify for a
loan under this section, the property to which the con-
nection is to be made must be:
(1) Within the City’s wastewater system;
(2) A developed lot with an existing single-
family home; and
(3) Served by a septic system that has been
designated as a failed septic system by the Kitsap Public
Health District.
(c) In order to qualify for a loan under this section,
the property owner must:
(1) Complete a sewer conservation loan appli-
cation;
(2) Pay the sewer conservation loan applica-
tion fee;
(3) Have no utility shut-offs within the thirty-
six (36) months prior to the date of the sewer conserva-
tion loan application;
(4) Execute a promissory note and deed of
trust under the terms set out in this section;
(5) Pay the recording fee to record the deed of
trust; and
(6) If outside City limits, agree not to protest
any annexation petition that includes the property being
connected to the City’s wastewater system and grant the
City a limited power of attorney to include consent to
the annexation of said property as part of any notice of
intent or petition for annexation presented to the City.
(d) The terms of the loan shall be as follows:
(1) The loan will be structured as a simple
promissory note.
(2) The term of the note shall not exceed five
(5) years, commencing on the date the property owner
executes the promissory note.
(3) The note will bear interest at the rate
which is based on the City’s current investment yield at
the time of the loan, plus a two percent (2%) margin to
cover administrative costs and interest rate fluctuations
over the loan period.
(4) The loan will be secured by a deed of trust,
or such other instrument as may be acceptable to the
City Finance Director and City Attorney.
(5) The note shall provide for acceleration of
the principal upon default in any payment. In the event
of default, the City shall have all available remedies,
including, but not limited to, foreclosure of its interest in
the property, notification of credit bureaus, use of col-
lection agencies, and terminating service.
(6) Loan principal and interest charges will be
amortized and billed by the City and due monthly. The
monthly payment will be no lower than fifty dollars
($50.00). Appropriate penalties may be imposed by the
City for delinquent accounts.
(7) There shall be no penalty for prepayment.
(8) The note will contain a due on sale clause
which provides for payment in full of all outstanding
principal and interest upon sale of the property. Loans
shall be limited by available funds. The amount of avail-
able funds shall be at the discretion of the City Council
and shall be determined periodically by City Council
motion, resolution, or ordinance. All funds used for loan
purposes shall be derived from operating revenues from
the sale of sewer services. (Ord. 5250 §1 (in part), 2014:
Ord. 5211 §1, 2013)
15.06.030 RATES - WATER.
(a) Retail Water Rates. A general retail water rate
shall be assessed all users of the water system. A prop-
erty owner becomes a customer/user of the water system
at the closing of the sale of the property and entering
into an agreement by signing the utility billing
owner/tenant change form. The retail rate shall be calcu-
lated on a periodic billing with a zero usage charge
based on meter size and a commodity charge computed
to the nearest HCF.
(1) Sprinkler and Fire Protection Service. The
Department shall levy a general fire service charge to
users of the utility water system for fire service pro-
vided. The fire service rate shall be billed on a periodic
billing and shall be based on the assembly size installed.
Water used for purposes other than extinguish-
ing fires through a fire service connection shall be
(Revised 7/14)15.06-6
15.06.040
charged at a rate not less than double the domestic rate
provided by this chapter.
(2) Temporary/Construction Water Meters.
Persons desiring temporary water service from a fire
hydrant, hose connection, or meter for the purposes of
construction, special events, or other activities that are
limited in duration shall make application to the Depart-
ment on the form provided and make a deposit estab-
lished for temporary/construction water meters. A
deposit based on meter size shall be assessed for tempo-
rary/construction water meters. The deposit may be
retained by the City to recover damage, loss, or any mis-
use of the water meter.
Temporary/construction water meters shall be
limited to six (6) month duration and may be renewed
subject to approval by the department.
The rate shall be calculated on a periodic bill-
ing with a minimum service charge based on the water
meter size and a commodity charge computed to the
nearest HCF.
(b) Wholesale Water Service. The Department
may sell water to water districts or other public agen-
cies. Such service shall be through a metered wholesale
water usage contract, under such terms and under such
conditions as shall be deemed fair and equitable by the
City. All wholesale water contracts shall be subject to
Mayoral approval and City Council authorization. (Ord.
5250 §1 (in part), 2014: Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.040 RATES - WASTEWATER.
(a) Retail Wastewater Rates. A general retail
wastewater rate shall be assessed of all users of the
wastewater system. A property owner becomes a cus-
tomer/user of the wastewater system at the closing of the
sale of the property and entering into an agreement by
signing the utility billing owner/tenant change form.
The retail rate shall be calculated on a periodic billing
with a zero usage fixed fee service charge and a com-
modity charge computed to the nearest HCF.
The retail rate shall be based on flow and strength
of sewage discharged by the user of the system.
Flow shall be determined by the metered amount of
domestic water usage.
Flows for summer usage for single-family, duplex,
and multifamily residential customers shall be deter-
mined based on the previous six (6) month average win-
ter domestic water usage by the customer, provided the
account was active for at least two (2) billing periods of
the preceding six (6) months. The calculation period
shall be determined by the Department based on usage
and billing cycles. In no case shall this calculation for
summer usage result in a volume less than two and one-
half (2.5) HCF per month.
In the event the customer is not connected to a City
water system that utilizes a domestic water meter, the
flow shall be determined by the Department based on
the average flow of the like customer class.
Strength shall be determined by the loadings dis-
charged by the customer and shall be segregated into
like customer classes based on their respective sewage
strengths.
(b) Multiple Residential/Commercial Units on
Single Water Meter. Any commercial account that has
residential living units above the commercial business
and/or multiple business suites/buildings served by a
single water meter will be assessed a monthly flat fee
based on the total number of units at that location. The
commercial account discharge strength will determine
the sewer rate level.
(c) Commercial or Industrial Out of Class Dis-
charge. Any commercial or industrial account that is
connected to the wastewater system and the amount of
wastewater discharged or the strength of the wastewater
discharge for that property is different than those
defined by the current billing rates will need to be
assessed on an individual basis. The assessment will be
determined and approved by the Department and a spe-
cial billing rate will be established for that business.
(Ord. 5250 §1 (in part), 2014: Ord. 5131 §3, 2010: Ord.
5054, Amended, 08/20/2008; Ord. 4766, Amended,
08/24/2001; Ord. 4729, Reaffirmed, 11/30/2000; Ord.
4675, Amended, 11/30/1999; Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.06.050 RATES - STORMWATER.
(a) Surface Drainage/Stormwater Rates. A general
retail stormwater rate shall be assessed on all property
within the City.
Rates shall be determined by the approximate
amount of impervious hard surface area of developed
parcel, including publicly owned property and right-of-
way.
Impervious surface, measured in equivalent imper-
vious hard surface units (IHSUs) shall be determined for
each individually developed property, except single-
family or duplex uses which shall be assigned the mini-
mum rate.
Payment of a surface drainage/stormwater rate does
not guaranty that property subject to the charges will
always or at any time be free from stormwater flooding
or flood damage or that stormwater systems capable of
handling all stormwater events can be cost effectively
operated or maintained.
(b) Improper Stormwater Inflow to Wastewater
System. A rate shall be assessed on all property owners
who have an improper stormwater discharge to the
wastewater system pursuant to the assessments, rates,
fees, and charges set forth in this chapter established for
stormwater by City Council ordinance.
15.06-7 (Revised 7/14)
Bremerton Municipal Code 15.06.050
Rates shall be based upon the approximate amount
of impervious hard surface area of the property. The
impervious surface area, measured in equivalent imper-
vious hard surface units (IHSUs), shall be that used for
the stormwater rates elsewhere in this chapter.
Payment of the improper stormwater surcharge
shall be terminated when the property has disconnected
all sources of the improper stormwater inflow from the
wastewater system.
The service rate for maintaining an improper storm-
water inflow connection to the wastewater system will
be identified on the utility billing statement as "storm-
water facilities impact" fee.
(c) Stormwater rate classes are as follows:
(1) Residential.
(i) Stormwater I. The basic stormwater
service rate.
(ii) Stormwater II. This rate consists of
the basic stormwater fee, plus fifty percent (50%) of the
current stormwater fee as the "stormwater facilities
impact" fee. This class may have a driveway drain of not
more than four hundred (400) square feet of impervious
surface draining into the wastewater system and no
other improper connection to the wastewater system.
(iii) Stormwater III. This rate consists of
the basic stormwater fee, plus one hundred percent
(100%) of the current stormwater fee as the "stormwater
facilities impact" fee. This class has a driveway drain
with more than four hundred (400) square feet of imper-
vious surface draining into the wastewater system
and/or more than one (1) improper connection to the
wastewater system.
(2) Commercial.
(i) Commercial I Stormwater. The basic
commercial stormwater fee.
(ii) Commercial II Stormwater. The basic
stormwater fee, plus fifty percent (50%) of the current
stormwater fee as the surcharge. This class may have no
more than four hundred (400) square feet of impervious
surface where stormwater runoff is collected by a roof
drain, parking lot drain, driveway drain or any other
device that conveys this runoff into the wastewater sys-
tem. This does not include stormwater runoff that is col-
lected from under fueling station canopies since these
areas are required to be connected to the wastewater sys-
tem. However, roof runoff from the canopy is not
allowed to be connected to the wastewater system. This
class may not have more than one (1) improper connec-
tion to the wastewater system.
(iii) Commercial III Stormwater. The
basic stormwater fee, plus one hundred percent (100%)
of the current stormwater fee as the "stormwater facili-
ties impact" fee. This class has more than four hundred
(400) square feet of impervious surface where stormwa-
ter runoff is collected by a roof drain, parking lot drain,
driveway drain or any other device that conveys this
runoff into the wastewater system. This does not include
stormwater runoff that is collected from under fueling
station canopies since these areas are required to be con-
nected to the wastewater system. However, roof runoff
from the canopy is not allowed to be connected to the
wastewater system.
(d) Rate Adjustments. Rate adjustments for water
quantity and water quality pursuant to the assessments,
rates, fees, and charges set forth in this chapter will be
applied to all multifamily (three (3) or more units), com-
mercial, and industrial development which provide for
the installation of on-site water quality and quantity
improvements which includes pervious surfaces or any
other improvements that meet all Engineering Design
and Construction Standards. Eligibility will require the
treatment of stormwater discharges prior to entry into
the stormwater system and the reduction of the amount
of stormwater discharges into the stormwater system to
an amount not to exceed two-tenths (0.2) cubic feet per
second, CFS per acre based on a twenty-five (25) year
storm. These amounts of discharge shall be segregated
into like customer classes based on their respective
stormwater discharge quantity and/or discharge quality.
All new development will be required to install
water quality and quantity improvements prior to con-
nection to the stormwater system and will receive the
rate adjustment upon successful completion of the
installation. For purposes of the rate adjustment, the
amounts of discharge shall be segregated into like cus-
tomer classes based on their respective stormwater dis-
charge quantity and/or discharge quality. Application
for building permits or fill/grade permits must include
standard stormwater quality and quantity improvement
plans. If topography, soils, location or lot size make on-
site detention impractical, new development may be
permitted, but a penalty shall be assessed pursuant to the
assessments, rates, fees, and charges set forth in this
chapter if stormwater runoff from the developed prop-
erty exceeds three-tenths (0.3) CFS per acre based on a
twenty-five (25) year storm.
The facts set forth in this subsection shall apply
only if the on-site or other facility that has received an
adjustment in its rates is maintained and operated in
accord with this chapter and the Engineering Design and
Construction Standards applicable at the time of billing.
In the event that the Director determines that the system
is not properly operated and maintained, the rate reduc-
tion shall be discontinued until deficiencies are cor-
rected in addition to other remedies provided in this
chapter.
(e) Exempt Properties.
(1) All parcels of property that are undevel-
oped.
(Revised 7/14)15.06-8
15.06.060
(2) All public rights-of-way.
(f) Public School District Properties. Parcels
owned or leased by public school districts which pro-
vide activities which directly benefit the surface and
stormwater management program. The activities may
include: curriculum specific to the issues and problems
of surface and stormwater management and student
activities in the community to expose students to the
efforts required to restore, monitor, or enhance the sur-
face and stormwater management system. Pursuant to
RCW 35.92.021, the amount of the service charge shall
be determined by the Director, based upon the cost of
the activities to the school district, but not to exceed the
value of the activity to the stormwater management pro-
gram. Determination of which activities qualify for the
stormwater management service charge reduction will
be made by the Director. Reductions in stormwater
management service charges will only be granted to
school districts which provide programs that have been
evaluated by the Director. The service charge adjust-
ment for the school activity may be applied to any parcel
in the stormwater system service area which is owned or
operated by the school district. In order to remain eligi-
ble for the rates, the applicant shall be required to reap-
ply every year and submit the request to the Department.
(g) Implementation Schedule for Annexed Proper-
ties. When annexed to the City, all multiple-family and
commercial properties with two (2) or more IHSUs will
receive the rate adjustments described above per IHSU
for two (2) years from the date of annexation; provided,
the property owner submits engineering plans and spec-
ifications for on-site stormwater quantity and quality
improvements for their property within nine (9) months
of annexation, and said plans are approved by the
Department according to Engineering Design and Con-
struction Standards. Failure to comply with any of the
aforementioned provisions will result in these accounts
being charged at the retail stormwater rate beginning
two (2) years from annexation. (Ord. 5250 §1 (in part),
2014: Ord. 5026 §3, 2007: Ord. 4734, Reaffirmed;
11/30/2000; Ord. 4729, Reaffirmed; 11/30/2000; Ord.
4684, Amended, 12/28/1999; Ord. 4675, Amended,
11/30/1999; Ord. 4496 §3, 1995; Ord. 4454 §1 (in part),
1994; Ord. 4442 §5, 1993)
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
The Department shall set fees and charges to
recover its administrative and operations expenses
related to the services set forth herein.
(a) Low-Income Senior Citizens and Low-Income
Disabled Citizens. Only single-family residential
accounts are eligible for the rates described in this sec-
tion. To qualify for the low-income senior citizen rate,
the individual shall meet the criteria established by
RCW 74.38.070. To qualify for the low-income dis-
abled citizen rate, the individual shall meet the criteria
established by RCW 46.19.010 or 74.18.020(4) and
70.164.020(4). In order to remain eligible for these
rates, the applicant shall be required to reapply each year
with the Department.
(b) Service Fee - Field. A service fee shall be
charged for all service calls to the owner’s premises.
Service calls shall include, but not be limited to, turn-
on/turn-off of water services as a result of delinquent
payment of accounts, special needs requests for after-
hours turn-on/turn-off of water for customer mainte-
nance, after hours utility location requests, and repeat
service calls during normal work hours. The service fee
shall be added to the regular utility bill.
After hours, weekend, and holiday service requests
shall require acknowledgment by signature of the
requesting party on the form which identifies the addi-
tional service and fee provided by the service specialist.
The service fee shall be added to the regular utility bill.
A fee shall be levied in the event it is necessary to
remove and restore surface improvements, including but
not limited to asphalt concrete and concrete streets and
sidewalks, in order to install a service connection or
other utility improvements.
(c) Service Fee - Office. A service fee shall be
charged for all account maintenance, including, but not
limited to, activation and discontinuation of the utility
account, changes in address, designated agents, dupli-
cate billing, and property liens. The service fee shall be
added to the regular utility bill.
(d) Delinquency Charge. A delinquency charge of
one percent (1%) per month shall be added to the unpaid
balance of each and every utility bill which is not paid
on or before such bill becomes delinquent.
(e) Cross-Connection Control Inspections. The
Department shall charge a fee for inspection, reinspec-
tion, additional mail notices, or door notices of backflow
prevention devices. The service fee shall be added to the
regular utility bill.
(f) Fire Hydrant Services. The Department may
enter into agreements with owners of private fire sys-
tems for hydrant repairs and maintenance.
(g) Grinder Pump Surcharge. The Department
may enter into agreements to service customers with
individual grinder pumps. An individual service charge
shall be assessed to the customer for the City’s operation
and maintenance of these pumps as set forth in Chapter
3.01 BMC.
(h) Abatement Charges. All costs associated with
the City’s repair of private systems, including engineer-
ing, administration, materials, equipment, labor, and
contracted services. (Ord. 5250 §1 (in part), 2014: Ord.
5103 §2, 2010: Ord. 4729, Reaffirmed, 11/30/2000;
Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.07-1 (Revised 7/14)
Bremerton Municipal Code 15.07.040
Chapter 15.07
UTILITY BILLING
Sections:
15.07.010 PURPOSE.
15.07.020 UTILITY SERVICE
ACCOUNTS.
15.07.030 ACCOUNT MAINTENANCE.
15.07.040 BILLING STATEMENT.
15.07.050 BILLING AND DUPLICATE
BILLINGS.
15.07.060 AUTOMATIC CASH
TRANSFER.
15.07.070 DESIGNATED AGENTS.
15.07.080 DELINQUENT ACCOUNTS.
15.07.090 LIENS.
15.07.100 DEFERRED PAYMENT.
15.07.110 ADJUSTMENTS.
15.07.120 METER FAILURE.
15.07.130 DISCONNECTION.
15.07.010 PURPOSE.
The ordinances codified in this chapter provide for
the establishment of a Department billing and receipting
system for the reimbursement of the costs of providing
utility service.
The Department is additionally authorized to pro-
vide to other municipal corporations billing and
accounting services through interlocal agreement
approved by the Mayor and authorized by the City
Council. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.07.020 UTILITY SERVICE ACCOUNTS.
The Department shall create a utility service
account upon receipt of an executed utility service
agreement or an executed owner/tenant form as applica-
ble.
The account shall be in the name of the owner and
may be activated or terminated only upon written notice
by the owner and payment for services provided.
Billing for utility services shall commence for each
service at the date of connection of each service to the
property or the date of the closing of sale for a property.
Billing for mandated wastewater service, as
directed by the Health Officer or the Director regardless
of connection, shall commence sixty (60) days follow-
ing written notice by the Health Officer or the date of
connection, whichever shall occur first.
All utility billing forms will be available on the City
of Bremerton website. Electronic signatures will be
accepted for all utility billing online application submit-
tals. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.07.030 ACCOUNT MAINTENANCE.
Whenever the owner of a premises connected to the
utility system desires to have the service activated or
discontinued for his own or another’s use, he shall notify
utility billing in writing on the forms provided.
The Department, upon payment of a service fee,
will activate or discontinue service or prorate the cus-
tomer bill for partial billing periods upon the request of
the owner.
Reconnection of service will require payment for
all outstanding fees and charges to the account.
Where a water service has been inactive, meter
pulled, house removed, or the house has been vacant for
more than one hundred eighty (180) days and the owner
petitions to reactivate the service to the premises, in
addition to making application, a flow test will be
required to evaluate the service to determine if adequate
flow is currently available. The Department will per-
form the flow test at no cost to the owner. A service fee
and payment for any unpaid previous charges shall be
assessed prior to activation of the service. If inadequate
flow is determined, a new service will be required by the
Department and shall be at the expense of the owner.
Where the sewer lateral has been (1) capped and the
house removed or (2) the sewer account has been inac-
tive for more than one hundred eighty (180) days, the
sewer lateral will be videoed by the City. If the video, in
the opinion of the Director, shows that the sewer is in
good condition then the sewer can be reactivated. If the
video indicates that the sewer lateral, in the opinion of
the Director, is defective, then the new sewer lateral will
be required and shall be replaced at the expense of the
owner. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.07.040 BILLING STATEMENT.
The Department shall regularly bill each utility ser-
vice account for all fees, rates, and charges for service
during the billing period.
Payments received on each service account shall be
applied in the following priority to the outstanding
account balances: abatement charges, fees, administra-
tive charges, stormwater impact fee, stormwater
charges, wastewater charges, and water charges.
Receipts shall be credited to the oldest balances first.
A utility bill shall be considered past due thirty (30)
days after date of billing.
A utility bill which remains unpaid after the due
date shall be classified as a delinquent account and shall
be subject to delinquent charges. (Ord. 5250 §1 (in part),
2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
(Revised 7/14)15.07-2
15.07.050
15.07.050 BILLING AND DUPLICATE
BILLINGS.
Billing statements shall be mailed to the address
requested by the property owner. Duplicate bills sent to
a different address shall be assessed a duplicate billing
charge, if applicable, sufficient to recover all costs of
processing and mailing.
The property owner shall be responsible for all fees,
rates and charges on the utility service account irregard-
less of the use of the duplicate billing procedures or their
request to send the statement to their tenant or agent.
(Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part),
1991)
15.07.060 AUTOMATIC CASH TRANSFER.
A property owner or his designated agent may at his
option request in writing, on the form provided by the
Department, direct automatic transfer of funds from a
designated account at a financial institution to the
Department for payment of utility service. The property
owner shall receive a statement of the charges to be paid
and the transfer shall be made at the time of the due date
of the regular billing of the account. (Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.07.070 DESIGNATED AGENTS.
Any property owner may designate an agent to
receive billing and provide for account maintenance. To
designate an agent, the owner must deliver to the utility
billing office a properly executed form provided by the
Department. The owner shall be responsible for notify-
ing the Department of any change in the agent’s status.
(Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.07.080 DELINQUENT ACCOUNTS.
The Department shall have the right at its option to
terminate service to the premises for which the account
is delinquent, provided service is not to be terminated
for those accounts which require utilities for the opera-
tion of life-sustaining machines or equipment. Such an
exception shall require the submission of written docu-
mentation of the requirement signed by a licensed phy-
sician, following each notice of delinquency and must
be submitted to and approved by the Director.
When an account becomes delinquent, the Depart-
ment shall provide written notice to the owner or agent
notifying that the account is delinquent.
The written notice shall contain the following infor-
mation: date of termination which shall be no sooner
than ten (10) days from notice; a statement of the reason
for the proposed termination of service; a statement of
what may be done to avoid termination; a statement that
the property owner may file a written appeal with the
Department, and the rights of the property owner to dis-
pute the proposed termination.
The Department shall visit the service address ten
(10) days following the written notification and physi-
cally place a final notice of termination on the door of
the residence. The notice shall contain the following
information: the reason for termination of service; the
time in which service will be discontinued which shall
not be sooner than forty-eight (48) hours from final
notice; a statement of what may be done to avoid termi-
nation; a statement that the property owner may file a
written appeal disputing the proposed termination.
If payment is not received within forty-eight (48)
hours following final notice, the service to the premises
shall be terminated. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.07.090 LIENS.
Any and all charges provided for in this chapter
shall constitute a lien against the property served when
the charges become delinquent and unpaid. Enforce-
ment and collection of the lien shall include, but not be
limited to, the right to discontinue service and deny ser-
vice thereafter to any and all owners and/or occupants or
tenants at the premises until the lien has been satisfied.
In the case where the owner of the premises moves
to another location within the service area or applies for
service at a new location, service may be denied at such
location until the lien at the first location has been satis-
fied.
The Department shall file a lien against the property
served at the office of the County Auditor for Kitsap
County when a utility account becomes delinquent and
unpaid. Such lien shall include the delinquent charges, a
charge for the cost of preparing and filing said lien.
Failure to receive a bill does not relieve an owner or
user of the responsibility for payment of charges and
penalties on the account. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.07.100 DEFERRED PAYMENT.
A deferred payment arrangement may be extended
to customers for the payment of delinquent accounts
where the customer can demonstrate a temporary inabil-
ity to make full payment. Customers who have failed to
comply with previous payment arrangements, have a
history of payment problems or fail to stay current in
utility bills may be denied deferred payment arrange-
ments or have arrangements terminated. (Ord. 5250 §1
(in part), 2014: Ord. 4309 §2 (in part), 1991)
15.07.110 ADJUSTMENTS.
In the event of excessive registration of the water
meters caused by broken or leaking water service lines
upon the premises of any customer, without knowledge
15.07-3 (Revised 7/14)
Bremerton Municipal Code 15.07.130
or fault of the customer, an adjustment may be requested
upon written application within a thirty (30) day period
of receipt of the billing in question. All repairs must be
completed satisfactorily and with documentation of sat-
isfactory repair. For all repairs completed within sixty
(60) days after notification of the leak, reduction in
charges are limited to one-half of the excess water bill-
ing and the entire excess sewer billing as determined by
the Department to be associated with the billing period
in question. If the customer fails to make repairs within
the sixty (60) days after the notification of the leak, the
Department will not make any adjustments to the cus-
tomer’s account for any of the excessive water or sewer
usage.
If a customer disputes an adjustment, an appeal may
be filed as set forth herein. (Ord. 5250 §1 (in part), 2014:
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.07.120 METER FAILURE.
In the event of a meter failing to register properly,
the user shall be charged an estimate of the consumption
from whatever may be considered the most reliable data
or method available to the Department. The adjustment
may be for a period up to three (3) years. (Ord. 5250 §1
(in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309
§2 (in part), 1991)
15.07.130 DISCONNECTION.
No person or owner of any premises connected to
the City’s water supply system shall disconnect the
water on said premises, unless he shall first file a written
request and pay all arrearages current on water usage for
said premises. (Ord. 5250 §1 (in part), 2014: Ord. 4309
§2 (in part), 1991)
15.08-1 (Revised 7/14)
Bremerton Municipal Code 15.08.020
Chapter 15.08
APPEALS
Sections:
15.08.010 APPEALS - PUBLIC WORKS
AND UTILITY DEPARTMENT.
15.08.020 APPEAL - ADMINISTRATIVE
HEARING EXAMINER.
15.08.010 APPEALS - PUBLIC WORKS AND
UTILITY DEPARTMENT.
A property owner, tenant or developer ("customer")
shall have the right to appeal matters dealing with utility
accounting, billing and service termination.
In the case of termination of service, an appeal shall
be filed in writing with the Public Works and Utility
Department ("Department") within fourteen (14) days
of the notice of termination. All other complaints shall
be filed within thirty (30) days of notice of the action
appealed.
The Department shall be required to respond in
writing to the appellant within thirty (30) days affirming
or reversing its decision or requesting additional infor-
mation for adjudication of the complaint. (Ord. 5250 §1
(in part), 2014: Ord. 5103 §4 (part), 2010: Ord. 4454 §1
(in part), 1994; Ord. 4309 §2 (in part), 1991)
15.08.020 APPEAL - ADMINISTRATIVE
HEARING EXAMINER.
Any customer aggrieved by the Department’s deci-
sion after a written complaint has been denied by the
Department under BMC 15.08.010 may, within fourteen
(14) calendar days from the date that the Department’s
decision was mailed to the customer, appeal such denial
or revocation by filing a written notice of appeal setting
forth the grounds therefor with the Administrative Hear-
ing Examiner pursuant to Chapter 2.13 BMC. A filing
fee as set forth in Chapter 3.01 BMC shall be submitted
with the appeal, which filing fee is required to process
the appeal. The hearing shall be conducted in accor-
dance with the procedures for hearing contested cases
set out in Chapter 2.13 BMC. After the hearing thereon,
the Administrative Hearing Examiner shall, after appro-
priate findings of fact and conclusions of law, affirm,
modify, or overrule the Department’s decision, and may
impose any terms thereupon.
The decision of the Administrative Hearing Exam-
iner shall be final. The customer and/or the City may
seek review of the decision by the superior court of
Washington in and for Kitsap County within twenty-one
(21) calendar days from the date of the decision. (Ord.
5250 §1 (in part), 2014: Ord. 5103 §4 (part), 2010: Ord.
4547, Amended, 03/28/1996; Ord. 4526 §5, 1995; Ord.
4512 §4, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309
§2 (in part), 1991)
20.42-1 (Revised 7/14)
Bremerton Municipal Code 20.42.040
Chapter 20.42
DEFINITIONS
Sections:
20.42.010 INTRODUCTION TO
DEFINITIONS.
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)
20.42.040 DEFINITIONS.
The following definitions shall be applied within
this title:
(a) Definitions "A":
"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 one (1) year 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 on a lot with an existing principal unit
added to or created for use as a complete, independent
or semi-independent living unit with provisions for
cooking, eating, sanitation and sleeping, and which
complies with the development and design standards
contained in this code for ADUs (BMC 20.46.010).
"Accessory use, activity or structure" means a
use, activity, structure or part of a structure which is sub-
ordinate 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, 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.")
"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.")
"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
person appointed with the powers set forth in Chapter
2.13 BMC. The term "Administrative Hearing Exam-
iner" shall likewise include the Examiner Pro Tem. As
used in this chapter, "Administrative Hearing Exam-
iner" shall not mean the Municipal Court Hearing
Examiner established 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-
(Revised 7/14)20.42-2
20.42.040
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
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 facility
for elderly persons (age fifty-five (55) or older) who
require moderate to extensive assistance with daily tasks
such as cooking, eating, bathing, housekeeping, dispens-
ing of medicines, shopping, appointments and other tasks.
"Automobile sales" means an establishment pri-
marily engaged in the sale or rental of personal or com-
mercial vehicles such as cars, trucks, vans or
motorcycles.
"Automobile service and repair" means an estab-
lishment primarily engaged in repairing, maintaining, or
servicing automobiles, including battery exchange sta-
tion.
"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.
(b) Definitions "B":
"Battery charging station" means an electrical
component assembly or cluster of component assem-
blies designed specifically to charge batteries within
electric vehicles, which meet or exceed any standards,
codes, and regulations set forth by Chapter 19.28 RCW
and consistent with rules adopted under RCW
19.27.540.
"Battery exchange station" means a fully auto-
mated facility that will enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the
depleted battery with a fully charged battery through a
fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by Chapter
19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
"Bay window" means a window projecting out-
ward from an exterior wall of a structure. The protrusion
has a maximum depth of thirty (30) inches, and a maxi-
mum horizontal width of twelve (12) feet. The base of
the projecting 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
20.42-3 (Revised 7/14)
Bremerton Municipal Code 20.42.040
not include group residential homes, boarding and
rooming houses.
"Boarding house" or "rooming house" means a
single-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 per-
mitted to occupy. Height, floor area ratio, setbacks, lot
coverage and similar restrictions establish the building
envelope.
"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
necessarily correspond with the location of any existing
structures or other improvements.
"Bulletin board/kiosk" means a permanent sign
structure intended to accommodate changeable copy
such as private or public notices, special event informa-
tion, and other short-term messages, and generally at a
scale suitable for pedestrians and not intended to be read
by passing motorists. These signs are exempt from sign
permits and size requirements if they are provided for
the use of the general public and not for commercial
advertising purposes.
(c) Definitions "C":
"Car wash" means a business engaged in washing,
waxing, polishing, and general cleaning of automobiles,
small trucks, light utility vehicles and small recreational
vehicles, but that is not designed to handle larger com-
mercial trucks and buses. It includes self-service, full-
service, and automated car washes and auto detailing
services.
"Caretaker" means a person who maintains or
watches over someone else’s land or property on a part-
time or full-time schedule. The caretaker may live on the
property or elsewhere.
"Caretaker’s residence" means an accessory
dwelling unit provided by the owner of a property to be
used exclusively as living quarters for the caretaker(s) of
that property.
"Carport" means an attached or detached partially
enclosed accessory structure intended primarily for the
storage of private vehicles such as automobiles, light
trucks, or recreational vehicles which is open to the
weather on at least two (2) sides.
"Cell on wheels (COW)" means a mobile telecom-
munications facility transported by a motor vehicle for
temporary on-site use.
"Change of use" means a change in the utilization
or occupancy of a property or building from one use to
another.
"Changeable copy/readerboard sign" means a
sign structure that may be internally or externally illumi-
nated and intended to accommodate changeable letter-
ing, numbering, graphic displays, or other short-term
messages. Generally used for commercial advertising or
for public service announcements of current or coming
events. (Also see "Public information/identification
sign.")
"City" means the City of Bremerton, Washington.
"Collective garden" means gardens established
and/or maintained for the growing, production, trans-
portation, and delivery of cannabis, by qualifying
patients, for medical use, as defined in RCW
69.51A.085, as currently enacted and hereinafter
amended.
"Co-location" means the placing of a wireless tele-
communications antenna on an existing support struc-
ture.
"Community facility" means a facility operated by
a public agency or nonprofit organization for social
gatherings, meetings, learning, recreation, programs to
promote economic independence, or similar functions.
"Concealed" means a wireless telecommunications
antenna or facility that is not evident; it is disguised, hid-
den by or integrated with a structure that is not a tele-
communications tower; or, a personal wireless service
facility that is placed within an existing or proposed
structure.
"Construction sign" means a sign that relates
directly to a construction project taking place on the
premises and may include such information as the name
of the project and contractors, phone numbers, comple-
tion dates, and similar information about the project.
(d) Definitions "D":
"Day care facility" means a facility licensed by the
state of Washington and approved by the City to provide
regular care for adults or children for periods of less than
twenty-four (24) hours.
"Deck" means an open platform wider than eigh-
teen (18) inches. A deck may be freestanding, cantile-
vered from a building, or connected to the ground with
steps or ramps. A deck that is higher than thirty (30)
(Revised 7/14)20.42-4
20.42.040
inches above finish grade may be referred to as a raised
deck, a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concen-
tration, usually expressed as the number of dwellings
per acre of land. For the purposes of calculating allow-
able densities within this code, density shall be mea-
sured on a "net" basis, whereby unusable areas such as
rights-of-way and lands in public or shared ownership
shall be deducted from the overall area in the calcula-
tion. For example, a one hundred and twenty (120) acre
area containing twenty (20) acres of rights-of-way and
public lands and three hundred (300) dwellings has a
(net) density of three (3) dwellings per acre (three hun-
dred (300) dwellings/one hundred (100) usable acres).
(See also "Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum num-
ber of dwellings allowed per the net buildable acreage as
stated for each zone. Where not specified in a zone
chapter, no maximum density shall apply.
"Density, minimum" means the minimum number
of required dwellings per net buildable acre as stated for
each zone. Where not specified in a zone chapter, no
minimum density shall apply.
"Detached" means any residential structures on the
same lot that are not connected and have a fire separa-
tion of no less than six (6) feet as defined in Section R
302 of the IRC. For commercial structures see the Inter-
national Building Code.
"Detoxification center" means a facility providing
for the care and treatment of an intoxicated person
during the period in which the person recovers from the
transitory effects of acute intoxication.
"Development coverage" means that portion of a
lot covered by the impervious surface areas of all struc-
tures, and impervious paved areas, such as driveways
and walkways.
"Directional sign" means a permanent sign which
is designed solely for the purpose of directing motor
vehicle, pedestrian, bicycle, or other traffic, or individu-
als toward a specific destination or route.
"Director" means Bremerton’s Director of Com-
munity Development and his/her designee.
"Drinking place" means an establishment selling
intoxicating beverages for consumption on the prem-
ises.
"Drive-through facility" means an automobile-
oriented component of a permitted use that includes
both service window(s) and a stacking lane designed
primarily for drive-through trade, and which provides
service and caters to patrons while in their motor vehi-
cles. (See BMC 20.44.120.)
"Duplex" means a structure containing two (2)
dwelling units on a single lot.
"Dwelling unit" means a living space or combina-
tion of rooms designed to provide independent year-
round living facilities for one (1) family or household,
constructed to the minimum standards of the IBC or
HUD Code, and with provisions for sleeping, eating and
sanitation.
"Dwelling, conventional" means any building or
structure that is built or assembled (in the case of a mod-
ular structure) on the site and in conformance with the
provisions of the International Building Code (IBC).
"Dwelling, modular or factory-built" means
buildings or structures that are constructed primarily in
a factory and transported to the site for assembly or
installation. All temporary wheels, axles, and other
appliances used in the transport are removed at the des-
tination and the structure is permanently placed, unless
approved as a temporary placement by the City. Such
structures are constructed to the standards of either the
International Building Code (IBC) or the HUD Code.
(See also "Manufactured home.")
"Dwelling, multi-unit structure" means a struc-
ture containing three (3) or more dwelling units. (Also
referred to as a "multifamily structure.")
"Dwelling, single-unit attached" means two (2)
single-unit dwellings (houses) that are attached at a
common side lot line with each dwelling located entirely
on its own lot. This does not include row houses or other
housing types having more than two (2) attached units.
(See also "Zero lot line.")
"Dwelling, single-unit structure" means a struc-
ture containing one (1) dwelling unit. (Also referred to
as a "single-family dwelling," or a "house.")
(e) Definitions "E":
"Education" and "school" means an institution pri-
marily engaged in teaching and learning, operated by a
public school district, nonprofit organization, or a pri-
vate organization. Business and trade schools and Mon-
tessori schools are included, as are satellite buildings of
higher education colleges.
"Education, higher and college" means a higher
education college or university primarily engaged in
teaching and research, and comprised of multiple educa-
tional buildings within a campus setting.
"Electric vehicle charging station" means a public
or private parking space that is served by battery
charging station equipment that has as its primary pur-
pose the transfer of electric energy (by conductive or
inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle
charging station equipped with Level 1 (one hundred
twenty (120) volts) or Level 2 (two hundred forty (240)
volts) charging equipment is permitted outright as an
accessory use to any principal use.
"Electric vehicle infrastructure" means struc-
tures, machinery, and equipment necessary and integral
to support an electric vehicle, including battery charging
stations, rapid charging stations, and battery exchange
stations.
20.42-5 (Revised 7/14)
Bremerton Municipal Code 20.42.040
"Entertainment use" means an establishment with
a primary function as a venue for entertainment activi-
ties in an indoor facility, excluding motion picture the-
aters and adult entertainment. Entertainment uses
include video arcades, bowling alleys, billiard halls,
performing arts centers, dance halls/night clubs and
similar uses.
"Equipment structure" means a structure, shelter,
cabinet, or vault used to house and protect the electronic
equipment necessary for processing wireless communi-
cation signals. Associated electronic equipment may
include air conditioning, backup power supplies and
emergency generators.
(f) Definitions "F":
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Com-
mission.
"Fence" means a structure built to prevent escape or
intrusion, or to provide privacy, screening, or buffering
from noise or other undesirable impacts or activities
beyond the property line. Also includes freestanding
walls.
"Finance," "insurance" and "real estate" means
an establishment primarily involved in finance, such as
depository and nondepository institutions, holding com-
panies, investment companies, and brokers; insurance,
such as carriers of all types, agents and brokers; and real
estate, such as leasers, buyers, sellers, agents and devel-
opers.
"Foster home" means a dwelling unit in which a
full-time resident provides temporary care and supervi-
sion on a full-time basis to not more than six (6) foster
children, three (3) expectant mothers, or three (3) other
adults requiring full-time care.
"Franchise business" means a business granted
authorization by a manufacturer or parent company to
sell or distribute goods or services at a certain location.
"Freestanding sign" means a sign which is
designed solely for the purpose of directing motor vehi-
cle, pedestrian, bicycle, or other traffic, or individuals,
toward a specific destination or route, which is not
affixed to a building.
"Frontage" means the actual length of the front
property line abutting a street or alley (if no street front-
age), or length of the property line of a flag lot that most
closely parallels the street it most directly relates to.
(g) Definitions "G":
"Garage" means an attached or detached enclosed
accessory structure intended primarily for the storage of
private vehicles such as automobiles, light trucks or rec-
reational vehicles.
"Gas station" means a land use involving the retail
sale of gasoline or other motor vehicle fuel or oil,
including electric vehicle rapid charging stations. Gas
stations include self-service and full-service operations.
"Grade" means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk
within the area between the building and the property
line. When the property line is more than five (5) feet
from the building, grade is the lowest point of elevation
of the finished surface between the building and a line
five (5) feet from the building. For structures built over
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 men-
tally ill, persons serving a sentence in lieu of confine-
ment, persons 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; tran-
sition back into the community including prerelease,
work-release, and probationary programs that are under
the supervision of a court, state, or local agency. Teach-
(Revised 7/14)20.42-6
20.42.040
ing of work or social skills may be provided in this class
facility but it does not include drug or alcohol detoxifi-
cation centers.
"Group residential 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) 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).
(h) Definitions "H":
"Heavy industrial/manufacturing" means a land
use involving assembly, construction, research and test-
ing, 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.
"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.
(i) Definitions "I":
"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 informa-
tional only, and which do not include the advertising of
products 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 prog-
ress toward graduation to independence and relocation
into permanent facilities.
(j) Definitions "J":
"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.
20.42-7 (Revised 7/14)
Bremerton Municipal Code 20.42.040
(k) Definitions "K":
"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.
(l) Definitions "L":
"Light industrial/manufacturing" means a land
use involving assembly, processing or research and test-
ing 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/manufactur-
ing.")
"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 unbuildable critical area, as defined per BMC
20.14.200, 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, mea-
sured 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.
(m) Definitions "M":
"Maintain" means to allow to exist or continue to
exist. Also, where the context indicates, to keep in a
safe, neat and clean condition.
"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
homes are neither manufactured homes nor dwelling
units. (See "Mobile home.")
"Marina" means a facility which provides moorage
or wet or dry storage for watercraft or float planes, and
which may offer marine-related sales and services.
"Marquee" means a permanent roofed structure
attached to and supported by a building and projecting
away from the building, usually over a public walkway
and typically common to theaters. A marquee itself is
not a sign, but is commonly used to support signs.
"Medical laboratory" means a facility primarily
engaged in providing analytic or diagnostic services on
human specimens, including body fluid or body tissue,
or performing diagnostic imaging, to government agen-
cies, to the medical, dental, or other health service pro-
fessions or to the patient; includes the fabrication of
dentures, eyeglasses and contact lenses, and prosthetic
devices.
"Medical office" and "clinic" means an establish-
ment primarily engaged in providing medical, dental or
other health care services to patients on the premises,
but which excludes facilities for overnight patient care.
Medical clinics that do not have facilities for overnight
patient care are included.
"Mobile home" means a factory-built dwelling
built before June 15, 1976, to standards other than the
National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.),
(Revised 7/14)20.42-8
20.42.040
and acceptable under applicable state codes in effect at
the time of construction or introduction of the home into
this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed
on individual lots. (See "Manufactured home.")
"Monument sign" means a freestanding sign
placed on a base of solid appearance, wherein the width
of the base is equal to at least forty (40) percent of the
width of the sign face.
"Motion picture theater" means any premises in
which motion pictures are shown as the principal use of
the premises, and wherein fees of any kind are charged,
and wherein such movies are shown on a regular basis.
"Multiple-building complex" means a group of
structures housing a combination of business, office,
residential, or other uses, and which shares a common
area, access, parking and/or other facilities.
"Multiple-occupancy building" means a single
building housing more than one (1) retail business,
office, commercial venture or other allowed land use.
"Museum" and "gallery" means a building, room,
vessel (boat or ship), or site intended for the preserva-
tion and exhibition of artistic, historical, or scientific
objects.
(n) Definitions "N":
"Nonconforming sign" means a sign that was
legally established, but no longer conforms to the cur-
rent sign standards of this title.
"Nursery" and "greenhouse" means facilities used
for the propagation and sale of agricultural or ornamen-
tal plants and related products:
(1) "Retail nursery/greenhouse" offers
products to the general public including plant materials,
planter boxes, fertilizer, sprays, garden tools, and
related items.
(2) "Wholesale nursery/greenhouse" raises
nursery stock for sale to retail nurseries or other busi-
nesses.
(3) "Greenhouse" means a nursery facility
constructed with transparent or translucent materials for
indoor propagation of plants. A private greenhouse with
no commercial sales is considered an accessory use.
"Nursing/convalescent home" means any home,
place or institution which operates or maintains facili-
ties providing convalescent or chronic care, or both, for
a period in excess of twenty-four (24) consecutive hours
for three (3) or more patients not related by blood or
marriage to the operator, who, by reason of illness or
infirmity, are unable properly to care for themselves.
Convalescent and chronic care may include but not be
limited to any or all procedures commonly employed in
waiting on the sick, such as administration of medicines,
preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carry-
ing out of treatment prescribed by a duly licensed prac-
titioner of the healing arts. It may also include
community-based care. This does not include group res-
idential facilities, hospitals, sanitariums, or treatment
centers.
(o) Definitions "O":
"Office" and "business service, general" means a
place of employment providing services other than pro-
duction, distribution, sale or repair of goods or commod-
ities, excluding personal business services and medical
offices. General office and business services include:
legal, architectural, engineering, consulting or other
professional services, or management, administrative,
secretarial, marketing, advertising, or similar services.
"Off-premises sign" means any sign, including
billboard signs, that contains a message or directs atten-
tion to a business, profession, product, event, activity, or
service that is not related to a use or activity conducted
or offered on the premises or at the location where the
sign is located, excluding official road direction signs
but including the sign faces(s) that contain(s) the mes-
sage or direction noted above, as well as the pole or
other structure upon which the sign face is attached. Off-
premises signs include off-premises banners and signs
carried by human beings or live animals when carried on
the public right-of-way or any off-premises location.
"Open space" means land area not covered by
buildings, roads, driveways, parking areas, or outdoor
storage areas, including, but not limited to, landscape
areas, gardens, walkways, courtyards, lawns, or outdoor
recreation areas, the use of which is intended for and
accessible to all of the persons residing in the develop-
ment of which the open space is a part.
Open Space. For zoning and development pur-
poses, specific areas may be required for outdoor recre-
ation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas desig-
nated to meet open space requirements may not include
driveways, parking areas, required yard areas, land
occupied by buildings or structures, nor other impervi-
ous surfaces that are not related to the open space.
"Opiate substitution treatment facility" means
an organization that administers or dispenses an
approved drug as specified in 212 Code of Federal Reg-
ulations (CFR) Part 291 for treatment of detoxification
of opiate substitution. The agency is:
(1) Approved by the Federal Food and Drug
Administration;
(2) Registered with the Federal Drug Enforce-
ment Administration;
(3) Registered with the State Board of Phar-
macy;
(4) Licensed by the county in which it oper-
ates; and
20.42-9 (Revised 7/14)
Bremerton Municipal Code 20.42.040
(5) Certified as an opiate substitution treat-
ment agency by the State Department of Social and
Health Services.
"Outdoor athletic fields" means outdoor facilities
used for sporting activities such as softball, baseball,
football, soccer, running track, tennis complex and other
nonmotorized sports. Outdoor athletic fields may
include bleachers, concession stands, lights, restrooms
and other supporting facilities.
(p) Definitions "P":
"Parcel" means a continuous quantity of land in
single ownership or under single control, consisting of
one (1) or more lots, and considered a unit for purposes
of development. (See "Lot.")
"Park," "playground" and "open space" means a
site designed, developed, or reserved for recreational
use by the public, such as play areas, community gar-
dens and natural areas.
"Parking, satellite" means a parking lot containing
parking stalls required for a permitted land use, but in a
location not contiguous to or abutting the permitted land
use.
"Parking, structure" means a parking lot in which
parking stalls are located either below grade, or in a
multilevel building structure.
"Paved surface" means a surface paved with
asphalt, concrete, concrete pavers, brick or similar dura-
ble materials. Low-impact development technologies
which provide a hard surface while allowing for water
penetration shall be classified as paved areas. Paved
areas do not include gravel, crushed rock, and similar
nonbound materials.
"Personal service" means an establishment
engaged primarily in providing services involving the
care of a person, apparel or minor appliances, such as:
shoe repairs, laundry and dry-cleaning, beauty and bar-
ber shops, clothing/costume rental, tanning, other per-
sonal grooming facilities and domestic assistance
services, and personal computing device or cellular
phone repairs. This does not include massage parlors,
health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an estab-
lishment primarily engaged in providing facilities for
indoor physical fitness activities and recreation. Physi-
cal fitness and health clubs may include such facilities
as gymnasiums, swimming pools, and ball courts.
"Pier" means a fixed structure, or a permanently
moored floating structure, built over tidelands or shore-
lands, and used for a marine landing or moorage for
watercraft.
"Pole sign" means a freestanding sign supported by
uprights or braces wherein the width of the uprights or
braces comprises less than forty (40) percent of the
width of the sign face.
"Porch" means a roofed open area attached to a
building or other structure, usually at an entrance to the
structure. A porch that is enclosed, glazed or screened
may lose its status as an appurtenance.
"Portable sign" means any sign designed to be
moved easily and not permanently affixed to the ground
or to a structure or building. A-frame or sandwich board
signs and movable readerboard signs are examples.
"Premises" means contiguous land in the same
ownership or control not divided by a street or public
right-of-way.
"Private club or lodge" means structures, facilities
and grounds owned or operated by a private or fraternal
organization for use by its members and guests.
"Product sign" means any sign with a face consist-
ing of more than fifty (50) percent of the area devoted to
the advertisement of a commercial product or product
logo without integrated advertising for the on-premises
business establishment, community facility, or tempo-
rary event.
"Projecting sign" means a sign, other than a wall
sign, which is attached to and projects from a structure
or building facade and the face(s) of which is not paral-
lel to the building’s facade. This sign may be supported
by a structure in addition to its building or wall support.
"Provider" means every corporation, company
association, joint stock company, firm, partnership, lim-
ited liability company, other entity and individual
licensed to provide personal wireless services over per-
sonal wireless communication facilities.
"Public administration" means services and facil-
ities operated by public agencies and serving a commu-
nity need, and generally including staffed facilities or
office spaces. These include government offices, post
offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means
the infrastructure lines and connections employed in the
delivery and conveyance of utility services. Distribution
facilities include equipment such as pipes, wires, cables
and similar equipment necessary for delivering utilities
including water, sewer, electricity, gas, broadband, and
other services. Publicly owned utilities as well as pri-
vately owned utilities that serve the general public are
included. (See also "Public utility facility.")
"Public information/identification sign" means a
sign intended solely to inform the public of events or
activities of community interest, to identify the entrance
to or exit from the City or a district or neighborhood
within the City, and which does not include the advertis-
ing of any business, product or service of a commercial
nature, nor any logo, symbol, or other indication of a
commercial message or sponsorship.
"Public services" means services provided for the
benefit of the general public, including fire protection
and suppression, law enforcement, public health, educa-
(Revised 7/14)20.42-10
20.42.040
tion, information, recreation, environmental protection,
development assistance/permitting, etc.
"Public utility facility" means facilities provided
for the benefit of the general public related to infrastruc-
ture and utilities. These include structures and equip-
ment such as transfer stations, substations, pumping
stations, distribution mains, wells, and related utility
facilities and the structures that house them. Publicly
owned utilities as well as privately owned utilities that
serve the general public are included. (See also "Public
distribution facility.")
(q) Definitions "Q": Reserved.
(r) Definitions "R":
"Rapid charging station" means an industrial
grade electrical outlet that allows for faster recharging
of electric vehicle batteries through higher power levels,
which meets or exceeds any standards, codes, and regu-
lations set forth by Chapter 19.28 RCW and consistent
with rules adopted under RCW 19.27.540.
"Recreational vehicle" means a vehicular-type
unit primarily designed for recreational camping or
travel use that has its own motive power or is mounted
on or towed by another vehicle. These units include, but
are not limited to, travel trailers, fifth-wheel trailers,
folding camping trailers, truck campers, and motor
homes.
"Recreational vehicle (RV) park" means a facility
designed to provide two (2) or more sites on which to
park travel trailers, motor homes or similar recreational
vehicles for periods not to exceed thirty (30) days.
Accessory uses to an RV park often include a swimming
pool, playground equipment, convenience store, bathing
and laundry facilities, and other camping/travel ser-
vices.
"Recycling center" means a facility for the collec-
tion, storage and processing of recyclable materials
including crushing, breaking, sorting, packaging and
related operations. A "junk yard" is not a recycling cen-
ter.
"Recycling collection station" means a facility
consisting of structures, bins, or other containers
designed or intended for the collection and temporary
storage of recyclable materials until they are picked up
and transported to another location for processing
and/or packaging.
"Recycling collection station (limited)" means a
recycling collection station for the collection of glass,
tin cans, aluminum, cardboard, newspaper, magazines,
plastics, and other recyclables in small units, but not
including large appliances, furniture, auto parts, tires,
hazardous or liquid wastes, or any forms of domestic
garbage (putrescible wastes).
"Rehabilitation" means the upgrading of a build-
ing from a dilapidated or substandard condition.
"Residential, as secondary use" means when per-
mitted in a nonresidential zone, a residential land use is
not always accessory to other uses, but is considered
secondary and subordinate to the principal uses of that
zone. Residential uses are placed in locations that don’t
conflict with street level frontage locations that are
reserved for retail, office and other business uses that
comprise the primary function of that zone. (See design
standards in center and corridor zones.)
"Residential use" means structures meeting the
definition of Group R, Division 3 occupancies under the
edition of the International Building Code currently
adopted for use by the City.
"Restaurant" means a commercial use which sells
a variety of prepared food and beverages and provides
accommodations for consuming those products on or off
the premises.
"Restaurant, fast food" means an establishment
whose principal business is the sale of a limited variety
of preprepared or rapidly prepared food and beverages
directly to the consumer for consumption either on-
premises or off-premises. Food is generally not served
to the customers’ tables, but is more often dispensed
through a walk-up counter or drive-through take-out
window.
"Retail, general" means an establishment primar-
ily engaged in the sale or rental of goods or merchandise
to the general public for personal or household con-
sumption, and primarily rendering services incidental to
the sale of such goods. Establishments with a portion of
their sales going to other businesses or contractors, such
as office supply stores, butcher shops, paint stores, hard-
ware stores and similar shall also be considered general
retail. Art studios shall also be included. General retail
uses do not exceed seventy-five thousand (75,000) gross
square feet of ground floor building area and do not
include gas stations or automobile sales.
"Retail, large" means an establishment with a
building area of seventy-five thousand (75,000) gross
square feet or greater in the ground floor, primarily
engaged in the sale or rental of goods or merchandise to
the general public or other businesses for personal,
household or business consumption and primarily ren-
dering services incidental to the sale of such goods.
Large retail uses often include wholesale stores, dis-
count stores, malls, shopping plazas, outlet centers,
department stores and similar.
(s) Definitions "S":
"Satellite dish." See "omnidirectional antenna"
under "Antenna, wireless."
"Senior citizen" means an individual of fifty-five
(55) years of age or older.
"Senior housing complex" means a planned resi-
dential community, intended and operated for occu-
pancy by senior citizens, which consists of any mix of
detached single-family or duplex dwellings and/or
retirement apartments, wherein at least eighty (80) per-
20.42-11 (Revised 7/14)
Bremerton Municipal Code 20.42.040
cent of the occupied units are occupied by at least one
(1) senior citizen.
"Setback, maximum" means a required maximum
horizontal distance between the finished exterior wall of
a structure and the lot line of the lot on which it is
located. Where maximum setbacks are stipulated, zone
districts specify what portion of the structure’s finished
front facade width must be located a distance equal to or
lesser than the maximum setback from the property line.
A maximum setback shall apply to the height of a struc-
ture up to fifteen (15) feet above grade, or the height of
the building, whichever is less. Where not specified, no
maximum setback shall apply.
"Setback, minimum" means the required horizon-
tal distance between the finished exterior wall of a struc-
ture and the lot line of the lot on which it is located. All
portions of a structure must be located away from the
property line a distance equal to or greater than the min-
imum setback.
"Shop." Refer to the definition of "storage build-
ing."
"Shopping center" means a contiguous collection
of retail businesses under one (1) ownership or common
management located in a building or set of buildings.
"Sidewalk vendor" means a person(s) who sells
edible or nonedible merchandise from a stand, booth,
cart, basket, tray, table or other device on any sidewalk,
street, highway or public place. They are not categorized
as a land use.
"Sign" means any communication device, struc-
ture, or fixture which is intended to identify a building,
use, business, or event; or to promote the sale of prod-
ucts, goods or services; using graphics, letters, figures,
symbols, trademarks or written copy. Painted wall
designs or patterns which do not represent a product,
service or registered trademark, and which do not iden-
tify the user, are not considered signs. (See sign provi-
sions of this code.)
"Sign structure" means any structure specifically
intended to support a sign, and which may include sup-
ports, uprights, braces, framework, or other members
needed for support.
"Social services" means establishments primarily
engaged in providing social and rehabilitation services
to improve life skills and increase socioeconomic
opportunities for neighborhood or community residents
of all ages. Establishments primarily engaged in provid-
ing welfare and charitable functions are included.
"Stacking lane" means a designated driving lane
provided for vehicles waiting for, receiving, and exiting
after receiving a service at a drive-up window from a
permitted use. The lane is physically separated from
other traffic and pedestrian circulation on the property
and includes adequate area for cars to wait for service.
"Stadium and sports complex" means a large
structure for open-air sports and entertainment generally
consisting of tiered seating where people can sit and
watch games or events. Sports complexes may also
include recreational motor vehicle tracks such as go-cart
tracks. Associated field houses and facilities for serving
food are often included.
"Storage building" and "shop" mean an attached
or detached accessory structure which is used for non-
commercial storage of household goods or noncommer-
cial recreational and hobby uses in association with the
principal use.
"Storage yard, outdoor storage" means an out-
door area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for
an indefinite period until needed. Storage yards are
often used in conjunction with a warehouse, storage
buildings, sheds or other structures and may be public or
private. Unless a function of a government agency or
public utility, storage yards are considered accessory to
a business or other principal use.
"Story" means that portion of a building that
extends from the floor surface to the surface of the floor
above or, in the case of a top floor, to the ceiling or roof
above. If a finished floor level is more than six (6) feet
above the finished grade for more than fifty (50) percent
of the total perimeter, the area beneath that floor shall be
considered a story.
"Street" means the improved section of any public
or private right-of-way intended primarily for motor
vehicle travel and which affords the principal means of
access to abutting property, together with bicycle lanes,
sidewalks, and related improvements.
"Street, private" means a parcel at least twenty
(20) feet in width, created specifically to provide motor
vehicle access to abutting properties, the owners of
which share in its ownership and maintenance responsi-
bilities.
"Structure" means that which is built or con-
structed.
"Structure, accessory" means a structure that is
incidental and subordinate to a principal structure and
which is customarily found in connection with the prin-
cipal structure and located on the same lot or parcel.
"Structure, principal" means a structure contain-
ing one or more principal uses, as permitted by the zone
in which the property is located.
"Structure, temporary" means a structure which
does not have, nor is it required by the International
Building Code to have, a permanent attachment to the
ground but is subject to building permits.
"Support structure" means any existing or pro-
posed building, utility pole, or tower capable of support-
ing a wireless telecommunications antenna. Support
structures include, but are not limited to, existing build-
ings, water towers, and utility poles and/or towers.
(Revised 7/14)20.42-12
20.42.040
(t) Definitions "T":
"Temporary sign" means a sign that is not perma-
nently affixed, and which is intended for short-term use,
such as to advertise a specific activity such as a special
promotion, sale, or fund-raising event, but not including
political or election signs. For the purposes of this code,
temporary signs are those displayed for between seven
(7) and sixty (60) days.
"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 tow-
ers.
(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.
"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 sup-
port of mass transit or multimodal forms of transporta-
tion, including transit stations, transit stops, taxicab
stands, transportation services, bicycle facilities, battery
charging stations, electric vehicle charging stations, and
similar.
(u) Definitions "U":
"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 permit-
ted outright, but may be approved through a conditional
use permit process. "Conditional use" shall have the
same meaning as "special use," as employed in Bremer-
ton 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.
(v) Definitions "V":
"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.
(w) Definitions "W":
"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.
(x) Definitions "X": Reserved.
20.42-13 (Revised 7/14)
Bremerton Municipal Code 20.42.040
(y) Definitions "Y":
"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, cor-
ner 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."
(z) Definitions "Z":
"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. 5249 §4,
2014: Ord. 5222 §3, 2013; Ord. 5205 §5, 2013; Ord.
5177 §3, 2012; Ord. 5063 §2, 2008; Ord. 5046 §2, 2008;
Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord.
4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part),
2005)
20.48-1 (Revised 7/14)
Bremerton Municipal Code 20.48.040
Chapter 20.48
OFF-STREET PARKING REQUIREMENTS
Sections:
20.48.010 INTENT.
20.48.020 APPLICABILITY.
20.48.030 NONCONFORMITIES.
20.48.040 GENERAL REQUIREMENTS.
20.48.050 MODIFICATIONS TO
PARKING DEVELOPMENT
STANDARDS.
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.080 NONRESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.100 PARKING REDUCTION.
20.48.120 UNLISTED USES.
20.48.140 HANDICAP ACCESSIBLE
PARKING.
20.48.150 ELECTRIC VEHICLE
CHARGING STATIONS.
20.48.160 LOADING/UNLOADING
SPACES.
20.48.180 OTHER REQUIRED PARKING
SPACES.
20.48.200 RENT OF RESIDENTIAL
PARKING.
20.48.220 SATELLITE PARKING.
20.48.240 JOINT USE OF PARKING
FACILITIES.
20.48.260 DRIVE-THROUGH STACKING
REQUIREMENTS.
20.48.010 INTENT.
The intent of this chapter is to require off-street
parking and loading facilities in proportion to the park-
ing and loading demand of land uses while minimizing
the amount of impervious surface where possible. The
purpose of the regulations and design standards are to
ensure the usefulness of parking and loading facilities,
to protect the public safety, to mitigate adverse land use
impacts and to protect the visual, water and air quality
of the community. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.020 APPLICABILITY.
(a) General. The provisions of this chapter shall be
applied at the time of erection of any building or struc-
ture, or at the time any principal building or structure is
enlarged or increased in capacity unless provided for
otherwise by law. This chapter shall be used in conjunc-
tion with specific off-street parking requirements set
forth in BMC Title 20.
(b) Change of Use or Occupancy. The number of
off-street parking spaces shall be provided in accor-
dance with the requirements of this chapter if a change
in the use or occupancy of an existing building or struc-
ture results in a significant increase in the parking
requirement, which shall be determined by calculating
the difference between the required and existing number
of parking spaces. If the difference is more than fifteen
(15) percent of the existing parking spaces, or if the dif-
ference is more than three (3) parking spaces, whichever
number is larger, it shall be determined to be a signifi-
cant increase.
(c) Expansion of Structure/Use. When an existing
structure or use is expanded, additional off-street park-
ing spaces shall be provided in accordance with the
requirements of this chapter, except when the expansion
necessitates the addition of three (3) or fewer parking
spaces. The number of additional spaces shall be com-
puted only to the extent of the enlargement, regardless
of whether or not the number of previous existing spaces
satisfies the requirements of this chapter.
(d) Movement of Building. If a building is moved
to a new lot, off-street parking spaces shall be provided
in accordance with the requirements of this chapter.
(e) Change in Ownership. Additional off-street
parking shall not be required because of a change in
ownership or tenancy, provided the use and the building
remain unchanged.
(f) Rehabilitation. Additional off-street parking
spaces are not required because of a building remodel or
improvements if:
(1) The remodel or improvements are con-
tained within the existing envelope of the building or
structure;
(2) The inside gross floor area is not increased
by more than ten (10) percent; and
(3) No additional residential dwellings are
created. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.030 NONCONFORMITIES.
Any use which, on the effective date of the ordi-
nance codified in this chapter or any amendments
hereto, is nonconforming in terms of required off-street
parking facilities may continue in the same manner as if
they were conforming unless any of the provisions set
forth in BMC 20.48.020 would apply. However, in no
case shall nonconforming parking have its existing
number of off-street parking spaces reduced. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.48.040 GENERAL REQUIREMENTS.
The following requirements are applicable to all
zoning districts:
(a) Occupancy. No building or structure shall be
approved for occupancy unless adequate parking facili-
(Revised 7/14)20.48-2
20.48.050
ties are provided consistent with the requirements of this
chapter.
(b) Availability. All required off-street parking
spaces shall be made available and continuously main-
tained for the parking of residents, customers, patrons
and employees of the related land uses and shall not be
rented, leased or otherwise assigned to any person or
organization not related to the principal or accessory
land use.
(c) Plans Required. No building permit shall be
issued until the applicant has submitted satisfactory
plans to the City showing how the off-street parking and
loading facilities required by this chapter will be pro-
vided and maintained. Development of a parking lot
without a building or other structure does not require a
building permit, but does require site plan review in
accordance with BMC 20.58.080.
(d) Maintenance. It shall be the responsibility of
the property owner to ensure that parking areas and
driveways are continually maintained in good condition
and free of refuse and debris. All required landscaping
shall be kept in a healthy condition and properly main-
tained.
(e) Nonparking Activities. No business, tempo-
rary or permanent display, or other nonparking activity
shall occur on any required parking space.
(f) Parking Prohibited. Parking is prohibited on
landscaped or other areas not designed and approved for
parking.
(g) Unobstructed Access and Circulation.
(1) Unobstructed vehicular access to and from
public or private streets shall be provided for all off-
street parking spaces. Vehicular access drives shall be
designed to ensure the safety of persons using such
access or traveling on the public street.
(2) Required parking and all maneuver areas
shall remain free of all obstructions.
(3) No parking space may block access to
another parking space unless the City has approved a
tandem parking design and valet parking with a tenant is
made available during hours of operation.
(4) Except for single-family and duplex struc-
tures on individual lots, parking spaces shall be
designed to prevent the backing of vehicles onto a pub-
lic right-of-way, or a private street other than an alley.
(h) Shared Driveways. Shared driveways are
encouraged for abutting lots whenever practical.
Approval shall include easements granting access to all
property owners using the shared driveway. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.48.050 MODIFICATIONS TO PARKING
DEVELOPMENT STANDARDS.
The parking development standards included in
BMC 20.48.060 and 20.48.080 are base standards. Indi-
vidual zone chapters may provide additional parking
standards, or departures from these base standards. In
cases of conflict, parking development standards in
individual zone chapters shall supersede. Further reduc-
tions from base parking standards may be allowable per
BMC 20.48.100. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
The following provisions apply to off-street park-
ing spaces for all residential development:
(a) Surface. Driveways and areas used for loading,
parking and maneuvering motorized vehicles shall have
a paved surface.
(b) Gravel Surface Driveway. A gravel surface
driveway may be allowed for a single-family residence
for that portion of the driveway that is more than one
hundred (100) feet from the lot line where access is pro-
vided. Any driveway approved for a gravel surface shall
include a paved apron in front of the garage automobile
door entrance extending a minimum depth of eighteen
(18) feet and at least the width of the garage door.
(c) Side Yard Setback. Minimum three (3) feet.
When parking is located in an approved driveway, the
setback for parking may be reduced to zero (0) feet.
(d) Rear Yard Setback. Minimum three (3) feet.
When parking is located in an approved driveway, the
setback for parking may be reduced to zero (0) feet.
(e) Alley Setback. Zero (0) feet.
(f) Front Yard Setback. No parking shall be
located within the front yard setback area of the zone,
except within paved driveways, unless allowed other-
wise by law.
(g) Stall Dimensions.
(1) Parking stalls for a single-family dwelling
shall have a minimum width of eight (8) feet and depth
of eighteen (18) feet.
(2) Parking facilities for two (2) or more
dwellings shall comply with the design standards pre-
scribed in BMC 20.48.080. These design standards may
be modified to allow stacked parking spaces for a resi-
dential structure containing up to four (4) dwellings,
provided the parking spaces comply with setbacks.
(h) Driveways.
(1) A driveway may be located within any set-
back area for a residential use, provided it complies with
all applicable city street and engineering standards
established in BMC Title 11.
(2) The driveway shall not be less than eight
(8) feet in width and not more than twenty (20) feet in
width within the front yard setback. The Director may
approve exceptions to the maximum driveway width
when necessary for compliance with the Americans
with Disabilities Act (ADA) standards.
20.48-7 (Revised 7/14)
Bremerton Municipal Code 20.48.180
Chapter 11). Accessible parking spaces shall be located
on the shortest accessible route of travel from adjacent
parking to an accessible building entrance. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.48.150 ELECTRIC VEHICLE CHARGING
STATIONS.
For uses in allowed zones and where parking is pro-
vided, electric vehicle charging stations are encouraged
and shall comply with the City Building Code and
Washington State Electrical Code (Chapter 296-46B
WAC). (Ord. 5249 §5, 2014)
20.48.160 LOADING/UNLOADING SPACES.
(a) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than one thousand (1,000) square
feet of gross floor area that is engaged in retail, manu-
facturing, wholesale or storage activities, but excluding
self-service storage facilities, which requires the deliv-
ery of merchandise or materials by trucks:
(b) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than ten thousand (10,000) square
feet of gross floor area that is engaged in hotel, office,
restaurant or similar use in accordance, which requires
the delivery of merchandise or materials by trucks:
(c) Loading/Unloading Zone Development Stan-
dards.
(1) Design. Off-street loading spaces shall be
at least ten (10) feet in width and have a total area of not
less than two hundred fifty (250) square feet.
(2) Accessibility. With the exception of gates
and security fencing, loading spaces shall be accessible
at all times from a street, alley, or driveway and shall not
be obstructed by other loading spaces, trash receptacles,
outdoor storage, or other obstacles.
(3) Obstructions. Loading functions shall not
interfere with any emergency access, fire exit, or
required vehicle parking spaces.
(d) Modifications.
(1) If the applicant can demonstrate that deliv-
eries are only made during nighttime or other hours
when customers are not present, the loading function
may be accommodated in combination with required
customer/employee parking.
(2) If the applicant can demonstrate that all
deliveries are made by trucks with a gross weight of
twenty-six thousand (26,000) pounds or less, the num-
ber of required loading/unloading spaces may be
reduced by one (1) if a load/unload zone located within
the public right-of-way fronting the property is
approved by the Public Works Department. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.48.180 OTHER REQUIRED PARKING
SPACES.
All nonresidential uses and residential develop-
ments of six (6) or more dwellings shall provide parking
spaces for the following:
(a) Motorcycle Spaces. Motorcycle spaces shall
be provided at one (1) per twenty-five (25) of the
required automobile spaces with at least one (1) motor-
cycle space provided.
(1) Automobile parking requirements may be
reduced one (1) space for every three (3) motorcycle
spaces, provided up to a maximum five (5) percent of
the total required automobile spaces.
(2) Each motorcycle space shall be no smaller
than four (4) feet in width and eight (8) feet in depth.
(3) Motorcycle spaces shall be located
according to the same criteria and standards that are
applicable to automobile parking spaces.
(4) The Director may exempt those nonresi-
dential uses that would not normally have motorcycle-
riding clientele (such as warehouses, storage facilities,
automobile services, etc.) from motorcycle parking
requirements.
(b) Bicycle Facilities. Bicycle parking spaces shall
be provided at ten (10) percent of the required automo-
bile spaces.
(1) The minimum number of required bicycle
spaces for schools of all types except higher education
institutions shall be calculated at the rate of one (1)
space per twenty (20) students, based on the facility’s
designed capacity.
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 1,000 to 20,000 square feet 1
(2) 20,001 to 50,000 square feet 2
(3) 50,001 to 100,000 square feet 3
(4) Greater than 100,000 square feet 4
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 10,000 to 50,000 square feet 1
(2) 50,001 to 100,000 square feet 2
(3) Greater than 100,000 square feet 3
(Revised 7/14)20.48-8
20.48.200
(2) Video game and similar amusement cen-
ters commonly frequented by children and/or teenagers
shall provide bicycle facilities equal to one-third (1/3)
the required numbers of automobile parking spaces.
(3) The Director may exempt those nonresi-
dential uses that would not normally have bicycle-riding
clientele (such as self-service businesses, automobile
services, gas stations, etc.) from the bicycle parking
requirements.
(4) Bicycle facilities shall be firmly attached
to the ground, located near the building entrance, and
designed to allow both the frame and wheels to be
securely locked to the structure. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.48.200 RENT OF RESIDENTIAL
PARKING.
(a) The rental, lease or other use of parking spaces
for commercial parking purposes within a residential
zone is prohibited.
(b) The rental, lease or other use of parking spaces
associated with a residential use for commercial park-
ing, whether they are required spaces or not, is prohib-
ited. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.220 SATELLITE PARKING.
Off-street parking requirements may be partially or
completely satisfied with the approval of a satellite
parking facility. A satellite parking facility is approved
by site plan review as prescribed in BMC 20.58.080. A
satellite parking facility may be approved, provided:
(a) The parking facility is located within four hun-
dred (400) feet of the property containing the associated
use or building;
(b) The parking facility is not located on property
zoned for low density residential. The Director may
waive the zone restriction for a religious worship facil-
ity, public school or public use if:
(1) The parking facility is located on a lot
abutting the principal use; or
(2) The parking facility is located within one
hundred (100) feet on a lot where a street (public or pri-
vate) or alley would separate it from the principal use.
(c) The owner of the property containing the satel-
lite parking facility executes a binding agreement
approved by the City. The agreement shall include cov-
enants running with the land to ensure that conditions
are observed and remain in effect until there is a sub-
stantial change to the original conditions that made the
satellite parking necessary. The agreement at a mini-
mum shall contain:
(1) A covenant stating that the title to and
right to use the satellite lot will be subservient to the title
to the premises upon which the primary structure or
improvement is to be erected or made; and
(2) A warrant that lots are not and will not be
made subject to any other covenant or contract for such
or other use without the prior written approval of the
City.
(d) The owner of the property or an authorized
agent shall file the agreement with the County Auditor
following City approval. A copy of the recorded agree-
ment shall be submitted to the Department and kept on
file.
(e) The satellite parking facility shall meet the
requirements of this chapter.
(f) A limit on the time of day that the satellite
parking facility is used may be placed as a condition of
its approval if deemed necessary by the Director for the
protection of adjoining areas. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.48.240 JOINT USE OF PARKING
FACILITIES.
Joint use parking facilities provide for the sharing
of parking facilities between different uses. A joint use
parking facility requires approval of a conditional use
permit pursuant to BMC 20.58.020. A conditional use
permit may be granted under the following conditions:
(a) Up to fifty (50) percent of the required parking
for a theater, auditorium, bowling alley, or dance hall
may be supplied by the off-street parking provided by
certain types of uses referred to as "daytime" uses in
subsection (d) of this section.
(b) Up to fifty (50) percent of the required parking
for uses specified as "daytime" uses in subsection (d) of
this section may be supplied by the parking facilities
provided by uses referred to as "nighttime" uses in sub-
section (e) of this section.
(c) Up to seventy (70) percent of the required
parking for a religious worship facility or auditorium
incidental to a public or private school may be supplied
by the off-street parking facilities provided by uses
referred to as "daytime" uses in subsection (d) of this
section.
(d) The following uses are considered as primary
"daytime" uses:
(1) Bank;
(2) Office;
(3) Personal service shop;
(4) Wholesale business;
(5) Uses similar to the above that normally or
traditionally operate only during daytime hours.
(e) The following uses are considered as primary
"nighttime" or Sunday uses:
(1) Auditorium incidental to a public or pri-
vate school;
(2) Civic and commercial theater;
(3) Bowling alley;
(4) Dance hall;
20.48-8a (Revised 7/14)
Bremerton Municipal Code 20.48.240
(5) Religious worship facility;
(6) Uses similar to the above that normally or
traditionally operate primarily during evening hours or
on Sunday.
(f) The following conditions apply as a requisite
for approving a joint use of parking facilities:
20.52-1 (Revised 7/14)
Bremerton Municipal Code 20.52.040
Chapter 20.52
SIGN STANDARDS
Sections:
20.52.010 INTENT.
20.52.020 APPLICABILITY.
20.52.030 SIGN PERMIT.
20.52.040 EXEMPT SIGNS.
20.52.050 PROHIBITED SIGNS.
20.52.060 SIGN MEASUREMENTS.
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
20.52.080 TEMPORARY SIGNS.
20.52.085 POLITICAL SIGNS.
20.52.090 GENERAL SIGN
REGULATIONS.
20.52.100 COMMERCIAL DISTRICTS
SIGN REGULATIONS.
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
20.52.160 PORTABLE SIGNS.
20.52.180 NONCONFORMING SIGNS.
20.52.190 GOVERNMENT ACQUISITION
OF PROPERTY FOR RIGHT-
OF-WAY.
20.52.200 REMOVAL OF SIGNS.
20.52.010 INTENT.
The intent of the sign requirements chapter is to rec-
ognize the importance of signs in the community and
establish regulations to protect the public from damage
or injury attributable to distractions and obstructions
caused by poorly designed or improperly located signs.
These regulations are also intended, in part, to stabilize
or enhance the overall appearance of the community,
and to protect property values. This chapter is intended
to regulate the number, size, placement and physical
characteristics of signs and sign structures. These regu-
lations are not intended to and do not restrict, limit or
control the content of any sign message. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts
and may be subject to additional requirements of certain
districts, or to state regulations. In cases of conflict, the
most stringent requirement shall prevail. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.030 SIGN PERMIT.
(a) Permit Required. No sign shall be placed,
erected, or displayed without first obtaining a sign per-
mit unless exempt under BMC 20.52.040.
(b) Removal of Nonconforming Signs. A property
containing a nonconforming sign shall not be allowed a
new or additional sign on the property until the noncon-
forming sign is removed or brought into conformance
with the requirements of this chapter and the underlying
zone.
(c) Permit Application. An application for a sign
permit shall include the following:
(1) Signature of the property owner or their
designated agent;
(2) Site plan drawn to scale showing existing
buildings, streets, freestanding and building signs, util-
ity poles, and other structures within fifty (50) feet of the
proposed sign;
(3) Elevation drawings of the structural
details of the proposed sign including dimensions,
height, illumination methods and structure supports; and
(4) Landscaping plan showing planting mate-
rials and patterns. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions
of this chapter, but may be subject to other provisions of
the zoning code or building code:
(a) Traffic signs, signals, and other traffic control
devices erected by the City or other public authority.
(b) Public notices pertaining to public health or
safety issues, or for notification of legal or legislative
action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates,
and other building identification marking attached to or
carved into the building materials and which are integral
parts of the structure.
(d) Signs within buildings, provided they do not
include moving, flashing or animated signs that are vis-
ible from any private or public roadway, or from adja-
cent properties.
(e) Legal nonconforming signs.
(f) Incidental signs intended for public informa-
tion or convenience and which consist of no more than
ten (10) square feet for a combination of such signs.
These may include restroom signs, hours of operation
signs, address numbers, help wanted, credit card signs,
and similar.
(g) The American flag, state of Washington flag,
and other political or special purpose flags that are not
(Revised 7/14)20.52-2
20.52.050
intended to contribute to a commercial advertising dis-
play.
(h) Wall graphics of an artistic nature and that do
not conform to the definition of "sign."
(i) Public information/identification approved
through a conditional use permit process pursuant to
BMC 20.58.020.
(j) Real estate signs for sale of single-family
dwelling units.
(k) Temporary construction and on-site real estate
development marketing signs, provided they are
removed prior to occupancy approval of the building.
(l) Political signs meeting the provisions in BMC
20.52.090. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City
limits of Bremerton and shall be subject to removal
through amortization or other means:
(a) Strobe lights or any other flashing, moving or
animated features that are visible beyond any property
line. Readerboard or message center signs that change
copy no more frequently than at two (2) second inter-
vals, and time/temperature signs are exempt from this
provision.
(b) Pole signs in all zones except the freeway cor-
ridor (FC) zone and the industrial (I) zone.
(c) Private signs placed within a public right-of-
way; except a projecting sign, may be permitted over a
sidewalk if a clearance of at least eight (8) feet is main-
tained between the sidewalk and the bottom of the sign.
(d) Any sign that is determined by the City Engi-
neer to be a hazard to public safety due to its design,
materials, physical condition, or placement.
(e) Signs painted, attached to, or otherwise sup-
ported by rock formations, utility poles, trees or other
plant materials.
(f) Bench signs, when installed within the public
right-of-way. When on private property, the size of a
bench sign will be counted toward the total allowable
sign area.
(g) Portable signs within the public right-of-way
except portable signs per BMC 20.52.160.
(h) Off-premises signs including billboards.
(i) Product signs, other than those at a franchise
business identifying the franchise product. (Ord. 5249
§6, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.060 SIGN MEASUREMENTS.
(a) The area of sign faces shall be measured as the
area bounded by any six (6) straight lines intersecting at
right angles, and shall include any surrounding frames
or cabinet edges.
(b) Sign area does not include supports, founda-
tions or structures that are not part of the sign.
(c) Only one (1) side of a double-faced sign is
counted in the sign’s total area.
(d) Multiple copy signs or shopping center signs
consisting of several individual signs on the same sup-
port structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the
maximum area that can be seen at one (1) time from one
(1) position, or fifty (50) percent of the total area, which-
ever is greater.
(f) The height of a sign is measured from grade, as
defined, to the highest point of the sign or its structure,
whichever is higher.
(g) Sign clearances are measured from grade
directly below the sign to the bottom of the sign or sign
frame.
(h) Street corner signs (at an intersection) shall be
assigned to one (1) of the frontages by the applicant and
shall conform to the requirements of that frontage only.
(i) Portable signs shall be calculated as part of the
total freestanding sign area available to the site. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
(a) All signs, including supporting structures, shall
be erected or placed totally within the boundaries of the
site and not within any public right-of-way, except for
the following:
(1) Public authority and other traffic-related
signs;
(2) Temporary banner signs advertising a
public event, which meet City approval;
(3) Approved signs overhanging public walk-
ways; and
(4) Approved portable signs per BMC
20.52.160.
(b) A vision clearance setback shall be maintained
of at least fifteen (15) feet from the edge of all private
and public roadways, alleys and driveway intersections.
(c) A vision clearance setback shall be maintained
of at least ten (10) feet from the edge of existing or
planned roadways. Signs may be allowed within the
clear-vision setback if:
(1) A pole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less
above the grade;
(3) The bottom of the sign is eight (8) feet or
greater above the grade; or
(4) The posts and support structure have a
diameter no greater than twelve (12) inches within this
area.
(d) A pedestrian clearance is required for any pro-
jecting sign (8) feet above grade or sidewalk as mea-
sured to the bottom of the sign.
20.52-3 (Revised 7/14)
Bremerton Municipal Code 20.52.100
(e) A projecting sign may extend over a public
right-of-way or public pedestrian walkway up to six (6)
feet past the property line, but in no case shall the sign
extend over a street or other area used by motor vehicles.
(f) The setbacks for freestanding signs may be
reduced to zero (0), provided the sign complies with the
vision clearance requirements.
(g) Freestanding signs shall not extend beyond
property lines. (Ord. 5249 §7, 2014: Ord. 5046 §5, 2008;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement,
size, and height requirements of this chapter, and the
requirements set forth in the underlying zone. Addition-
ally, the following requirements shall apply:
(a) The sign area of individual temporary signs
shall not exceed thirty-two (32) square feet; except a
banner may be permitted with a sign area of up to one
hundred (100) square feet.
(b) The maximum height of a temporary sign is six
(6) feet, except a banner may be allowed a maximum
height of twenty (20) feet.
(c) Signs may be displayed for a period not to
exceed sixty (60) days. Any time a temporary sign is
removed by a business, it shall not be replaced by the
same or other temporary sign for a period of not less
than ninety (90) consecutive days.
(d) Temporary signs meeting the following stan-
dards are exempt from the requirements of BMC
20.52.030 and BMC 20.52.090 through 20.52.140:
(1) The sign is displayed for a period of seven
(7) days or less;
(2) The area of the sign is twenty-four (24)
square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently
attached to the ground, a building, or to any other struc-
ture, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter,
wave, sparkle, or otherwise move from the pressure of
the wind are permitted for specific promotions or events
but shall not be permanently displayed. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.085 POLITICAL SIGNS.
Political signs identify candidates or issues in
upcoming elections and/or they may express noncom-
mercial speech such as religious, political, social, or
other philosophical messages. The content of such signs
are not regulated, but are subject to the following
requirements:
(a) The sign area of political signs shall not exceed
thirty-two (32) square feet.
(b) The maximum height of a political sign shall
be six (6) feet.
(c) Political signs advertising a candidate or issue
in an upcoming election shall be removed within four-
teen (14) days after the general election.
(d) Political signs that do not comply with the
requirements of this section shall be subject to the per-
mit requirements, sign area, setback and other provi-
sions of this chapter. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone
districts:
(a) Vision Clearance. Signs shall conform to the
clearance requirements of BMC 20.52.060.
(b) Extension Above Rooftop. No sign that is
attached to a building shall extend above the highest
point of the roof, except that in the DC, DW, and BC
zones, up to fifty (50) percent of the area of a wall sign
that is integrated into an architectural facade design ele-
ment to define the primary entry to the premises may
project above the parapet of a flat roof; provided, that all
components of the sign are only visible to public view
on the primary entry side of the building.
(c) Window Signs. Signs placed on the inside of
windows and directed toward the outside of a building
shall be included in the total sign area calculations.
(d) Canopies and Awnings. Signs placed on pro-
jecting canopies and awnings, whether lighted or not,
shall be calculated only for the area of the canopy or
awning taken up by the sign itself.
(e) Landscaping. All freestanding signs shall have
a landscaped island at the base of the sign equal to, or
greater than, the sign area. (Ord. 4971 §12, 2006; Ord.
4950 §8 (Exh. A) (part), 2005)
20.52.100 COMMERCIAL DISTRICTS SIGN
REGULATIONS.
The following standards shall apply to signs placed
on property zoned commercial:
(a) Freestanding Signs.
(1) Sign Area. Freestanding signs may have
an aggregated area that shall not exceed one (1) square
foot of area per each lineal foot of street frontage subject
to the following:
(i) Narrow Parcel. Any parcel having
less than fifty (50) lineal feet of street frontage may have
one (1) freestanding sign not to exceed fifty (50) square
feet.
(ii) Wide Parcel. Any parcel having more
than fifty (50) lineal feet of street frontage may have
multiple freestanding signs, provided no single free-
standing sign exceeds an area of one hundred (100)
square feet.
(Revised 7/14)20.52-4
20.52.110
(2) Spacing. Freestanding signs located on the
same parcel or site shall have a separation of at least fifty
(50) feet. Additionally, a twenty-five (25) foot setback
is required from adjacent property lines, except this may
be modified by the Director where such factors as the
width of the lot or the driveway access makes compli-
ance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs.
(1) Commercial Uses. The building sign stan-
dards shall be in accordance with the following:
(i) Sign Area. Signs attached to a build-
ing may have an aggregated area that shall not exceed
two (2) square feet for each one (1) lineal foot of build-
ing facade width.
(ii) Maximum Sign Size. A building sign
attached individually shall not exceed one hundred
(100) square feet in area, except it may exceed the max-
imum if the total sign area is less than ten (10) percent
of the total building facade area.
(2) Industrial Uses. The building sign stan-
dards for industrial uses and other uses not engaged in
the sale of goods or services to the public shall be in
accordance with the following:
(i) Sign Area. The maximum aggregated
area for all building signs attached to a single building
shall be one hundred (100) square feet.
(3) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is not exceeded.
(4) Illumination. Signs may be illuminated
directly, indirectly, or internally, provided the lighting is
directed away from other land uses, and away from on-
coming traffic.
(c) Shopping Center or Professional Complex. A
shopping center, professional office complex, or similar
large multiple-occupancy development may have an
identification sign to a maximum size of three hundred
(300) square feet placed along one (1) or more street
frontages that are longer than three hundred (300) feet
each, provided the sign is no closer than one hundred
(100) feet from an adjacent property on the same side of
the street and no other freestanding signs larger than
fifty (50) square feet are placed on the subject property.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
This section applies within the freeway commercial
zone designation.
(a) No provisions under this section shall be inter-
preted to preclude other provisions of this chapter that
are applicable to a given property or proposal.
(b) In addition to the other standards prescribed in
this chapter, a dealership group may erect one (1) auto-
mobile dealership district sign subject to the following
requirements:
(1) A dealership group is two (2) or more
franchises under common ownership;
(2) The automobile dealership district sign
shall be limited to identifying the dealership group and
the brands of vehicles sold in the group;
(3) The total area of the sign shall not exceed
fifty (50) square feet for each dealer franchise in the
group (example: a dealership group with two (2) dealer
franchises would be allowed an automobile dealership
district sign of up to one hundred (100) square feet);
(4) The maximum total sign area in no case
shall exceed one hundred fifty (150) square feet if the
sign is a pole sign, or two hundred (200) square feet if it
is a monument sign;
(5) The square footage of the sign shall be
deducted from the total aggregated signage allotted to
the parcel on which the sign is placed;
(6) The sign can only front on a City arterial
street;
(7) A master signage plan is required to be
submitted prior to issuance of the sign permit showing
the location and area of all signage of all the dealerships
within the dealership group. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
The following regulations apply to properties in
residential zones:
(a) Freestanding Signs.
(1) Entrance Signs. One (1) freestanding sign
may be permitted at each street entrance to a neighbor-
hood, subdivision, manufactured park, apartment/con-
dominium complex, or other homogeneous residential
area, provided:
(i) The sign specifically identifies the
development only;
(ii) The sign area is fifty (50) square feet
or less.
(2) Multiple-Family Developments. A resi-
dential development having four (4) or more dwelling
units may have one (1) permanent freestanding sign per
street frontage, provided the total sign area does not
exceed four (4) square feet.
(3) Individual Properties. Each residential
property may have one (1) freestanding permanent sign
that shall not exceed two (2) square feet in sign area.
20.52-5 (Revised 7/14)
Bremerton Municipal Code 20.52.160
(4) Height. Freestanding signs shall have a
maximum height of six (6) feet as measured from grade
directly below the sign to the highest point on the sign
or its support structure.
(b) Building Signs.
(1) The freestanding sign limitations pre-
scribed in subsections (a)(1) through (3) of this section
may be applied to building signs in lieu of freestanding
signs.
(c) Resident name plaques and address numbers
shall not be included in total sign area calculations, but
shall be limited to a size and character of other such
signs in the immediate neighborhood.
(d) Advertising wind signs or devices that flutter,
wave, revolve, or sparkle, or are otherwise moved by the
wind are prohibited. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
Special purpose signs, for uses such as churches,
schools, and parks, shall comply with the requirements
for the commercial zone as prescribed in BMC
20.52.100. When a sign that is not otherwise regulated
by this title is located in the low density residential zone,
the special purpose sign regulations shall apply. In addi-
tion, the following shall apply:
(a) Freestanding Signs.
(1) Sign Area. The maximum area of a free-
standing sign shall be limited to fifty (50) square feet.
(2) Number of Signs. Only one (1) freestand-
ing sign is allowed per each street frontage.
(3) Height. The height of a freestanding sign
shall not exceed six (6) feet.
(b) Building Signs.
(1) Sign Area. The aggregate area of all build-
ing signs, projecting signs, and other signs attached to
buildings shall not exceed one hundred (100) square
feet.
(2) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is maintained.
(c) Illumination. When located within the low
density residential zone, the sign shall not be illumi-
nated between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 5249 §8, 2014: Ord. 4971 §13, 2006: Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
The following standards shall apply to signs in the
downtown core (DC), downtown waterfront (DW),
business core (BC), and in the center zones: neighbor-
hood center core (NCC), district center core (DCC), and
employment center (EC):
(a) Freestanding Signs.
(1) Sign Area. The requirements prescribed in
BMC 20.52.100(a)(1) shall apply, except wide parcels
shall be limited to only one (1) freestanding sign not to
exceed one hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no
closer than twenty-five (25) feet from adjacent proper-
ties, except this may be modified by the Director where
such factors as the width of the lot or the driveway
access makes compliance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs. The requirements prescribed
in BMC 20.52.100(b) shall apply.
(c) Moving, flashing, or animated signs are pro-
hibited in downtown and centers zones. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
(a) The Director shall have the authority to grant
administrative approval for minor adjustments to sign
heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10)
percent of the basic requirement; and
(2) The adjustment is based on a hardship or
problem with the site, existing building placements, or
poor site visibility, and not based on economic factors or
personal design preference.
(b) A request for adjustments beyond ten (10) per-
cent shall be processed as a variance pursuant to BMC
20.58.030. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.160 PORTABLE SIGNS.
Portable signs may be placed on sidewalks or por-
tions of the pedestrian public right-of-way subject to the
following conditions:
(a) A minimum four (4) feet of unobstructed side-
walk or pedestrian path must be maintained. A portable
sign shall not be allowed on sidewalks with less than
four (4) feet in width.
(b) Portable signs may not be placed in the driving
lanes of a public street or in parking stalls on the public
right-of-way.
(c) One (1) portable sign is allowed for any
licensed business. The sign must be displayed immedi-
ately adjacent to the main entrance of the business
employing the sign.
(d) Portable signs shall not exceed thirty-two (32)
inches in width or thirty-six (36) inches in height as dis-
played.
(e) Portable signs shall be professionally lettered,
neatly painted or assembled, and remain in good repair.
(Revised 7/14)20.52-6
20.52.180
(f) Portable signs shall be constructed to avoid
being blown from their intended location and to avoid
tipping or falling.
(g) Portable signs shall not be internally lit, not
have moving parts, nor shall any attachment or portion
of the sign extend beyond the thirty-two (32) by thirty-
six (36) inch maximum dimensions established in sub-
section (d) of this section.
(h) Portable signs shall be displayed during day-
light hours only and shall be removed by the business
owner immediately after dusk each day.
(i) Any site landscaping required by the City shall
not be altered to accommodate a portable sign.
(j) Portable signs shall not block intersections or
otherwise constitute a public safety hazard.
(k) Pursuant to Chapter 47.42 RCW and Chapter
468-66 WAC, placement of portable signs on the public
right-of-way of SR 3, SR 303, SR 304, and SR 310 is
prohibited.
(l) Placement of portable signs on the public right-
of-way in violation of this section will result in immedi-
ate removal of the sign from the public right-of-way by
City personnel. (Ord. 5249 §9, 2014: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the main-
tenance, repair, as appropriate, and removal of noncon-
forming signs. "Nonconforming sign" means a sign that
was legally established, but no longer conforms to the
current sign standards of this title.
(b) Maintenance and Repair of Off-Premises
Signs. Any nonconforming off-premises sign shall
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to sign:
(i) Any structural alteration to an off-
premises sign shall result in the loss of its nonconform-
ing status. This does not include replacing the sign’s
message or painting.
(ii) In no case shall an off-premises sign
be permitted to be expanded or enlarged. Adding elec-
tronic components that move, flash, or change copy is
not permitted.
(c) Maintenance and Repair of On-Premises
Signs. Any nonconforming on-premises sign shall
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to sign:
(i) If alterations are made to the sign that
exceed twenty-five (25) percent of the replacement cost
of the sign it shall lose its nonconforming status; or
(ii) For freestanding signs, re-facing the
sign with a new message is permitted; however, if the
cabinetry housing the sign is removed, or is intended to
be replaced, the sign shall lose its nonconforming status;
or
(iii) In no case shall an on-premises sign
be permitted to be expanded or enlarged.
(2) Alteration to Associated Business or Site.
Should a business with a nonconforming sign undergo
remodel or site improvements, the sign shall lose its
nonconforming status under any of the following cir-
cumstances:
(i) The on-site renovation, construction,
or other site improvements exceed seventy-five (75)
percent of the assessed improvement value of the site; or
(ii) On-site construction/improvements
costs exceed fifty thousand (50,000) dollars.
(3) Cessation. If the sign has not advertised
for an existing business on the subject property for one
(1) year or more, the sign shall lose its nonconforming
status. (Ord. 5249 §11, 2014: 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:
(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.
20.52-7 (Revised 7/14)
Bremerton Municipal Code 20.52.200
(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)
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. 5249 §12, 2014; Ord. 5046 §6, 2008; Ord. 4977 §7, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
Figure 20.52(a)
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' 60 sq. ft.
Limited Commercial (LC) Monument only 8' 60 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' -
Institutional (INST) Monument only 8' 60 sq. ft.
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.
20.80-1 (Revised 7/14)
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 shall be applied to
lands located within public sector redevelopment site
(PSRS), employment center (EC), district center (DC),
neighborhood center (NC), or downtown regional center
Comprehensive Plan designations. (Ord. 5025* §2,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
* Code reviser’s note: Ord. 5241 revokes the Wheaton-Riddell Dis-
trict Subarea Plan and repeals Ord. 5025 establishing the plan.
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
(Revised 7/14)20.80-2
20.80.070
adoption of the master development zone. The follow-
ing guidelines establish the parameters from which
development standards are derived:
(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 subarea planning areas where
subarea plans and unique development regulations may
be created for each:
(a) Bay Vista Subarea Plan (adopted by Ordinance
No. 5077);
(b) East Park Subarea Plan (adopted by Ordinance
No. 4962);
(c) Wheaton-Riddell Subarea Plan (adopted by
Ordinance No. 5025*);
(d) Downtown Regional Center Subarea Plan
(adopted by Ordinance No. 5034);
(e) Manette Subarea Plan (adopted by Ordinance
No. 5082);
(f) Harrison Employment Center;
(g) Port Blakely Employment Center;
(h) SKIA Subarea Plan (adopted by Ordinance No.
5188);
(i) Gorst Subarea Plan (adopted by Ordinance No.
5237).
The subarea planning areas listed above having
adopted subarea plans are identified with the corre-
20.80-3 (Revised 7/14)
Bremerton Municipal Code 20.80.080
sponding adopting ordinance number. This ordinance
will contain the unique regulations and standards that
guide development for that subarea planning area. Sub-
sequent amendment to adopted subarea plans need not
be identified in this section by the amending ordinance
number. (Ord. 5237 §4, 2013: Ord. 5188 §3, 2012: Ord.
5082 §4, 2009: Ord. 5077 §4, 2009: Ord. 5034 §2, 2007:
Ord. 5025* §3, 2007: Ord. 4998 §2, 2007: Ord. 4962 §3,
2006: Ord. 4950 §8 (Exh. A) (part), 2005)
* Code reviser’s note: Ord. 5241 revokes the Wheaton-Riddell Dis-
trict Subarea Plan and repeals Ord. 5025 establishing the plan.
20.92-1 (Revised 7/14)
Bremerton Municipal Code 20.92.060
Chapter 20.92
EMPLOYMENT CENTER (EC)
Sections:
20.92.010 INTENT.
20.92.020 OUTRIGHT PERMITTED USES.
20.92.040 CONDITIONAL USES.
20.92.060 DEVELOPMENT STANDARDS.
20.92.070 DESIGN STANDARDS.
20.92.080 PARKING REQUIREMENTS.
20.92.090 LANDSCAPING
REQUIREMENTS.
20.92.100 SIGN STANDARDS.
20.92.010 INTENT.
The intent of the employment center (EC) zone is to
offer a well planned and designed environment where a
potentially large employee population is offered the
option to live near places of employment. The EC zone
provides for integration of employment activities with
housing and commercial activities scaled to serve the
employee population at the center, thereby reducing
home-to-workplace commute trips. Employment cen-
ters create large numbers of jobs in uses to include office
and services. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(b) Community use facility;
(c) Day care facility, all;
(d) General office and business services;
(e) Finance, insurance and real estate;
(f) General retail;
(g) Hotels and lodging places;
(h) Medical offices;
(i) Outdoor athletic fields;
(j) Park playgrounds and open space, and parks;
(k) Personal service business;
(l) Physical fitness and health clubs;
(m) Public administration;
(n) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Nursing convalescent home;
(3) Senior housing complex;
(4) Single-unit dwelling structure, attached or
detached;
(5) Multi-unit dwelling structure;
(6) Townhouse;
(o) Restaurants and drinking places;
(p) Schools and education uses;
(q) Transportation facility;
(r) Veterinary clinic;
(s) Worship and religious facility. (Ord. 5249 §13,
2014: Ord. 5222 §21, 2013: Ord. 5008 §23, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.92.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Light industrial/manufacturing, provided:
(1) No odor, dust or smoke byproduct will be
clearly detectable on any abutting commercial or resi-
dential lot;
(2) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(3) No unshielded light or glare will be visible
during periods of darkness on adjacent commercial or
residential lots;
(4) The applicant can demonstrate that the use
will not significantly detract from the visual character as
seen from public rights-of-way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equip-
ment and mechanical areas are elements with potential
to negatively impact visual character. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.92.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the fol-
lowing standards:
(a) Minimum density for residential uses: fifteen
(15) dwelling units/acre;
(b) Minimum side yard setback: zero (0), except
when adjacent to the low density residential zone (R-10)
where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b);
(c) Minimum rear yard setback: zero (0), except
when adjacent to the low density residential zone (R-10)
where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b);
(d) Minimum front yard setback requirements:
zero (0), except that for residential uses with garages
facing a public right-of-way, the garage shall have a set-
back five (5) feet greater than that of the principal struc-
ture;
(e) Maximum building coverage: sixty-five (65)
percent base maximum; provided, that through the use
of any combination of the following, building coverage
may be increased to a maximum of eighty-five (85) per-
cent:
(1) Projects with two or more stories: ten (10)
percent bonus;
(2) Projects containing mixed uses: ten (10)
percent bonus;
(Revised 7/14)20.92-2
20.92.070
(3) Projects incorporating at least fifty (50)
percent of required parking underground or within the
structure: twenty (20) percent bonus;
(f) No maximum development coverage, provided
all setbacks and landscaping requirements are met;
(g) Maximum Building Height. Eighty (80) feet
for residential uses and sixty (60) feet for nonresidential
uses. For mixed uses, the building height will be based
on the use that predominately (fifty (50) percent or
greater) occupies the structure. (Ord. 5046 §31, 2008;
Ord. 4971 §18, 2006; Ord. 4950 §8 (Exh. A) (part),
2005)
20.92.070 DESIGN STANDARDS.
(a) Blank Facades. The horizontal dimension of
any structure facing the perimeter of the site along a
public right-of-way shall provide one (1) of the follow-
ing visual treatments for a width of twenty (20) feet at
intervals not to exceed one hundred (100) feet:
(1) An offset with a minimum depth of five
(5) feet;
(2) A facade material, texture or color that is
visually different and distinct from that of the base
material, texture or color;
(b) Structures containing general retail uses,
restaurant uses, drinking place uses, or personal service
business uses shall have the following features:
(1) Large windows along any facade facing
the public sidewalk or a sidewalk providing circulation
within the site. At least sixty-five (65) percent of all
such facades measured to ten (10) feet above sidewalk
or surface grade shall be comprised of such windows.
(2) Either a clearly identifiable entrance that
is recessed or protruding at least three (3) feet, or a can-
opy or overhang extending at least five (5) feet over the
sidewalk in the entrance area. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC except as modified by the following:
(a) Required parking for a nonresidential use may
be reduced by twenty (20) percent if the project is within
one thousand three hundred (1,300) feet of designated
transit-oriented development. (Ord. 5046 §32, 2008:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5046 §33, 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.92.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.98-1 (Revised 7/14)
Bremerton Municipal Code 20.98.080
Chapter 20.98
INSTITUTIONAL (INST)
Sections:
20.98.010 INTENT.
20.98.020 OUTRIGHT PERMITTED USES.
20.98.030 ACCESSORY USES.
20.98.040 CONDITIONAL USES.
20.98.060 DEVELOPMENT STANDARDS.
20.98.080 PARKING REQUIREMENTS.
20.98.090 LANDSCAPING
REQUIREMENTS.
20.98.100 SIGN STANDARDS.
20.98.010 INTENT.
The intent of the institutional (INST) zone is to pro-
vide for continued operation and facilitate managed
growth of existing major institutions within the City.
Institutions in the zone shall also be compatible with
surrounding neighborhoods. Major institutions include
the Olympic College campus, and the Harrison Hospi-
tal. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.98.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(b) Community facility;
(c) General office and business services;
(d) General retail associated with an institution;
(e) Higher education and colleges;
(f) Hospitals;
(g) Medical offices and clinics;
(h) Outdoor athletic fields and park playground
and open spaces;
(i) Parking as a principal use;
(j) Public administration;
(k) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Nursing convalescent home;
(3) Senior housing complex;
(4) Single-unit dwelling unit structure,
attached or detached;
(5) Multi-unit dwelling structure;
(6) Townhouse;
(l) Restaurants;
(m) Schools and education uses;
(n) Transportation facility;
(o) Welfare and charitable services and facility;
(p) Worship and religious facility. (Ord. 5249 §14,
2014: Ord. 5222 §22, 2013: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.98.030 ACCESSORY USES.
Any subordinate use with a direct connection to or
association with the core functions of a higher education
college or a hospital may be permitted by the Director as
an accessory use. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.98.040 CONDITIONAL USES.
A conditional use permit, which is approved pursu-
ant to BMC 20.58.020, may permit the following uses:
(a) Opiate substitution treatment facility, pro-
vided:
(1) The permit shall be processed as a Type III
Hearing Examiner decision;
(2) May only be located in the Institutional
zone where the Harrison Medical Center campus is
sited, in the vicinity of Cherry Avenue, Wheaton Way,
and Clare Avenue;
(3) No opiate substitution treatment facility
shall be sited within 1,000 (one thousand) feet of
another opiate substitution treatment facility;
(4) Off-street parking shall be provided one
(1) parking space per one hundred fifty (150) square feet
of gross floor area; and
(5) Landscaping is provided meeting the min-
imum requirements for nonresidential uses as pre-
scribed in Chapter 20.50 BMC. (Ord. 5177 §5, 2012)
20.98.060 DEVELOPMENT STANDARDS.
Development shall be in accord with the following
standards:
(a) Minimum front yard setback: zero (0), except
ten (10) feet where adjacent to any lot not within the
institutional zone;
(b) Minimum side yard setback: zero (0), except
when adjacent to the low density residential zone (R-10)
where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b);
(c) Minimum rear yard setback: zero (0), except
when adjacent to the low density residential zone (R-10)
where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b);
(d) Maximum height: eighty-five (85) feet, pro-
vided all upper level setback requirements are met;
(e) Upper level setbacks: where adjacent to any lot
not within the institutional (INST) zone, structures shall
be set back one (1) additional foot for each additional
foot of height above thirty-five (35) feet. (Ord. 5046
§36, 2008; Ord. 4950 §8 (Exh. A) (part), 2005)
20.98.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/14)20.98-2
20.98.090
20.98.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.98.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
Number Subject
Tables-9 (Revised 7/14)
5175 Amends 2011 budget (Special)
5176 (Renumbered)
5177 Adds § 20.98.040; amends §§ 20.42.020, 20.42.040 and 20.86.040, opiate substitution treatment facili-
ties (20.42, 20.86, 20.98)
5178 Extends moratorium on medical marijuana collective gardens (Special)
5179 Council districts; repeals Ord. 5162 (Not codified)
5180 Street vacation (Special)
5181 Amends §§ 2.92.020 and 2.92.030, office of risk management (2.92)
5182 Amends § 10.04.034, inattention to driving (10.04)
5183 Amends §§ 9A.12.020 and 13.04.140, liquor in city parks (9A.12, 13.04)
5184 Adds § 11.12.085, complete streets (11.12)
5185 Amends Ch. 7.06 and § 7.15.010, chickens (7.06, 7.15)
5186 Amends 2012 budget (Special)
5187 Adds § 20.04.205; amends § 20.04.010, State Environmental Policy Act (20.04)
5188 Amends comprehensive plan and § 20.80.080, subarea plans (20.80)
5189 Establishes planned action for South Kitsap industrial area (Special)
5190 Amends §§ 2.16.020, 2.19.020 and 2.30.020, civil service system (2.16, 2.19, 2.30)
5191 Bonds issuance (Special)
5192 Extends moratorium on medical marijuana collective gardens (Special)
5193 Adds § 1.06.110, public records (1.06)
5194 (Failed)
5195 Amends § 3.48.050, business and occupation taxes (3.48)
5196 (Failed)
5197 2013 tax levy (Special)
5198 Amends § 2.03.010, mayor (2.03)
5199 Repeals Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealer)
5200 Adopts 2013 budget (Special)
5201 Amends Ch. 3.48 and § 3.86.200, business and occupation taxes (3.48, 3.86)
5202 Amends comprehensive plan (Special)
5203 Amends 2012 budget (Special)
5204 Amends Ch. 9.88, drug offenses (9.88)
5205 Amends §§ 20.40.160, 20.42.020 and 20.42.040, medical marijuana collective gardens (20.40, 20.42)
5206 Amends Ch. 11.10; repeals and replaces Ch. 10.10; repeals Ch. 10.11, parking and sidewalks (10.10,
11.10)
5207 Repeals Ord. 5089, public defense standards (Repealer)
5208 Amends Chs. 9A.32 and 9A.44, criminal code (9A.32, 9A.44)
5209 Adds § 15.01.015; amends § 20.14.630; repeals and replaces §15.01.020 and Ch. 15.04, stormwater
(15.01, 15.04, 20.14)
5210 Amends §§ 2.50.032, 2.50.040, 2.50.060 and 2.50.070, management and professional staff compensa-
tion program (2.50)
5211 Adds § 15.06.025, sewer conservation loan program (15.06)
5212 Rezone (Special)
5213 Amends rates and fees for the department of public works and utilities (Not codified)
5214 Bonds issuance (Special)
5215 Adds Ch. 6.10, abandoned property registration and maintenance (6.10)
5216 Adds Ch. 10.08; amends § 2.62.045, impoundment of vehicles, appeals (2.62, 10.08)
5217 Amends 2013 budget (Special)
5218 Cable franchise (Special)
5219 Amends §§ 17.04.020 and 17.04.110, building code (17.04)
5220 Repeals Ord. 4992, 2005 water system plan (Repealer)
Number Subject
(Revised 7/14)Tables-10
5221 Adds Ch. 5.06, rental property registration (5.06)
5222 Amends §§ 20.04.100, 20.42.040, 20.44.120, 20.48.260, 20.62.060(a), 20.62.080, 20.64.060(a),
20.64.080, 20.66.050, 20.66.060(a), 20.66.080, 20.70.050, 20.70.060(a), 20.70.070(b), 20.70.080,
20.82.060(a), 20.82.080, 20.84.060(a), 20.84.080, 20.92.020 and 20.98.020, zoning (20.04, 20.42,
20.44, 20.48, 20.62, 20.64, 20.66, 20.70, 20.82, 20.84, 20.92, 20.98)
5223 Adds Ch. 10.20; repeals Ch. 10.40, commute trip reduction plan (10.20)
5224 Fiscal policy regarding tax receipts (Special)
5225 Amends Ch. 9.24, prostitution (9.24)
5226 Amends Ord. 4875, energy franchise (Special)
5227 2014 tax levy (Special)
5228 Amends Ord. 5213, rates and fees for the department of public works and utilities (Not codified)
5229 Shoreline master program; repeals Resos. 1736, 1746, 1765, 1769 and 1770 and Ords. 4183, 4365,
4634, 4797 and 4829 (Not codified)
5230 Repeals and replaces Ch. 20.16, shoreline development (20.16)
5231 Amends Ch. 17.60, floodplain management (17.60)
5232 Adds Ch. 2.11; amends Chs. 2.06 and 2.09, human resources (2.06, 2.09, 2.11)
5233 Amends comprehensive plan (Special)
5234 Amends Ch. 18.02, city fire code (18.02)
5235 Adopts 2014 budget (Special)
5236 Amends 2013 budget (Special)
5237 Amends comprehensive plan and § 20.80.080, subarea plans (20.80)
5238 Amends § 3.72.020, gambling tax (3.72)
5239 Street vacation (Special)
5240 Establishes planned action for Gorst urban growth area (Special)
5241 Revokes Wheaton-Riddell District Center Subarea Plan adopted by Ord. 5025 (20.80)
5242 Repeals Res. 3045 and approves 2014 Parks, Recreation and Open Space Plan (Special)
5243 Amends Ch. 7.15, animal violations and infractions (7.15)
5244 Street vacation (Special)
5245 Amends Ch. 11.25, transportation benefit district (11.25)
5246 Amends 2014 budget (Special)
5247 Amends § 11.10.010, hazardous sidewalk conditions prohibited (11.10)
5248 Rezone (Special)
5249 Adds § 20.48.150; amends §§ 20.42.040, 20.52.050, 20.52.070, 20.52.130, 20.52.160, 20.52.180, Fig-
ure 20.52(a), §§ 20.92.020 and 20.98.020; repeals Title 19, §§ 20.42.020 and 20.52.170, zoning (20.42,
20.48, 20.52, 20.92, 20.98)
5250 Amends Title 15, municipal utilities (15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08)