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HomeMy WebLinkAbout23 Bremerton0117_supp23SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 23 – January 2017 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 5316, passed December 21, 2016. 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 Title 2 2.18-1 – 2.18-3 ........................................................ 2.18-1 Title 3 3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3 Title 9 9.48-1 – 9.48-2 .......................................... 9.48-1 – 9.48-2 Title 11 11.02-1 – 11.02-2 ............................... 11.02-1 – 11.02-2.1 11.12-3 – 11.12-4.1 ............................ 11.12-3 – 11.12-4.1 Title 13 13.10-1 – 13.10-3 .................................. 13.10-1 – 13.10-3 Title 15 15.01-1 – 15.01-10 .............................. 15.01-1 – 15.01-10 15.03-1 – 15.03-2 ............................... 15.03-1 – 15.03-2.1 15.04-1 – 15.04-6 .................................. 15.04-1 – 15.04-7 15.06-3 – 15.06-8 .................................. 15.06-3 – 15.06-6 Title 20 20.42-9 – 20.42-12 .............................. 20.42-9 – 20.42-12 20.52-1 – 20.52-8 .................................. 20.52-1 – 20.52-8 Tables 1 – 2 ............................................................................ 1 – 2 7 – 11 ........................................................................ 7 – 12 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 1/17) Updated by: _______ Dated: ____________ 2.18-1 (Revised 1/17) Chapter 2.18 AUDIT COMMITTEE AND CITY AUDITOR Sections: 2.18.010 AUDIT COMMITTEE MEMBERSHIP. 2.18.020 COMMITTEE MEMBER TERMS. 2.18.030 CITY AUDITOR. 2.18.010 AUDIT COMMITTEE MEMBERSHIP. (a) Pursuant to Article III, Section 18 of the Char- ter of the City of Bremerton (“City Charter”), there shall be an Audit Committee consisting of three (3) desig- nated members (“designated members”) and two (2) selected members (“selected members”) for a total of five (5) members as follows: (1) Designated Members. Two (2) Council members and an independent certified public accoun- tant designated by the City Council; and (2) Selected Members. Two (2) residents of the City of Bremerton selected by the designated mem- bers of the Audit Committee. (b) The designation of the Council members to the Audit Committee shall be by the Council President. The designation of the certified public accountant to the Audit Committee shall be by majority vote of the City Council. The selection of the two (2) residents of the City of Bremerton shall be by majority vote of the des- ignated members of the Audit Committee. (Ord. 5311 §1 (part), 2016) 2.18.020 COMMITTEE MEMBER TERMS. (a) Audit Committee members shall serve terms as follows: (1) The two (2) Council members designated by the City Council shall serve one (1) year terms, or less if the current term of their elected office expires ear- lier. (2) The independent certified public accoun- tant designated by the City Council shall serve a three (3) year term. (3) The two (2) City of Bremerton residents selected by the designated members of the Audit Com- mittee shall serve terms as established by the Commit- tee. (b) In the event that any member does not serve a full term, either by resignation or removal, a replace- ment shall be designated or selected, as applicable, by the original appointing authority to serve the remainder of the term. (Ord. 5311 §1 (part), 2016) 2.18.030 CITY AUDITOR. (a) Pursuant to the City Charter, the Audit Com- mittee shall appoint the City Auditor to serve at the plea- sure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire mem- bership of the Committee sitting as a whole. (b) The City Auditor shall report to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City records, property and personnel, unless such access is prohibited by law. Additionally, access to confidential and/or security related documents or opera- tions may be restricted or prohibited as determined by the City Attorney based on his/her legal opinion. (c) The City Auditor has the same responsibility and authority as a department head in managing the finances and operation of the City Auditor’s office. (Ord. 5311 §1 (part), 2016) 3.50-1 (Revised 1/17) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judi- cial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: "Cellular telephone service" is a voice or data tele- phone/communications system based in whole or sub- stantial part on wireless radio communications, whether or not the communications are subject to regulation by the Washington Utilities and Transportation Commis- sion (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile service. "Competitive telephone service" means the providing by any person of telephone communications equipment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. "Gross income" means the value proceeding or accru- ing by reason of the business activity engaged in and operations incidental thereto, and includes gross pro- ceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. "Gross income from timber sales" means "stumpage value of timber" as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. "Page service" means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Reporting period" means a one (1) month period beginning the first day of each calendar month (monthly). "Solid waste collection service" means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. "Solid waste," for purposes of this chapter, means gar- bage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. "Telephone business" means the providing by any per- son of access to a local telephone network, local tele- phone network switching service, toll service, cellular or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via a local telephone network, toll line or channel, cable, (Revised 1/17)3.50-2 microwave, or similar communications or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communicationsor transmission system. "Telephone business" does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or the selling of manu- factured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to fifteen and one-half (15.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of pro- viding water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. Forty (40) percent of the fee or tax collected under this subsection shall be allocated to the Transportation Cap- ital Fund for street improvements. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitutions of the United States or the State of Washing- ton. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another commu- nications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a communications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdic- tions to the location of the customer’s principal service address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s account- ing system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (Ord. 5307 §1, 2016: Ord. 5289 §2, 2015: Ord. 5170 §1, 2011: Ord. 5096 §1, 2009: 3.50-3 (Revised 1/17) Ord. 5078 §1, 2009: Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. (Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 9.48-1 (Revised 1/17) Chapter 9.48 FIREWORKS Sections: 9.48.010 PERMIT - REQUIRED - FEE. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. 9.48.050 STATE STATUTE APPLICABILITY. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. 9.48.080 ENFORCEMENT. 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. 9.48.100 PENALTY FOR VIOLATIONS. 9.48.010 PERMIT - REQUIRED - FEE. Application for all local fireworks permits includ- ing applications for a permit to conduct a public display of fireworks required by the state fireworks law, Chap- ter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977) 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. The Fire Chief or his or her designee is responsible for review of any application for a permit for the sale of fireworks or for a public display of fireworks. If the application meets the requirements of state law and this chapter, the Fire Chief or his or her designee is autho- rized to grant the application and issue a permit. (a) Sale of Fireworks. A permit for the sale of fire- works shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and sub- sisting license issued by the State Fire Marshal authoriz- ing the holder thereof to engage in the retail sale of safe and sane fireworks only. (2) The applicant shall have and keep in full force and effect a policy of insurance approved by the City’s Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. (3) The location of a proposed place of busi- ness shall comply with the zoning ordinances of the City. (4) The applicant shall provide a land lease agreement for the location of the proposed place of busi- ness signed by the land owner or his authorized repre- sentative. (5) The applicant shall provide a scale draw- ing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. (6) The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand. (7) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale. (8) No permit applications shall be processed before the first day of May or accepted after the first day of June of the year of sale. (9) The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be enti- tled to the return of the fifty dollars ($50.00). (b) Public Display of Fireworks. A permit for a public display of fireworks shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW. (1) It shall be unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without having obtained a valid permit issued pursuant to the provisions of this chapter. (2) Permit applications for the public display shall be submitted in full a minimum of thirty (30) days prior to the scheduled display. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §2, 1977) 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the writ- ten rules and regulations of the Fire Chief of the City. No device, product or effect similar to Chinese lanterns containing an open flame shall be sold, discharged or released at any time. (b) Each fireworks stand shall have an adult (eigh- teen (18) years of age or older) in attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside the stand. (Revised 1/17)9.48-2 (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED." (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Reg- ulations for Retail Fireworks Stands by the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977) 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display autho- rized pursuant to the laws of the State of Washington and this chapter. It shall not be legal to use or discharge fireworks at any other time, specifically including, with- out limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "common fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period. (b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Depart- ment in accordance with the Bremerton Municipal Code. (c) The possession of any class or kind of fire- works in violation of the provisions of this chapter is prohibited. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. For- merly 9.48.050.) 9.48.050 STATE STATUTE APPLICABILITY. This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977. Formerly 9.48.060.) 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substan- tial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006) 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. During periods of extreme fire danger, the Fire Chief may prohibit the discharge of all fireworks. For the purpose of this section, "extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7, 1977) 9.48.080 ENFORCEMENT. The Police Chief, or designee, and the Fire Chief, or designee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §8, 1977) 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. The Fire Chief or his or her designee may at any time suspend or revoke any permit issued under the pro- visions of this chapter, if the permittee has: (a) Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohib- ited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; 11.02-1 (Revised 1/17) Chapter 11.02 RIGHT-OF-WAY USE Sections: 11.02.010 PURPOSE. 11.02.020 TERRITORIAL APPLICATION. 11.02.030 CONSTRUCTION - INTENT. 11.02.040 DEFINITIONS. 11.02.050 POWERS OF THE DIRECTOR. 11.02.060 PERMIT REQUIRED. 11.02.070 ADDITIONAL PERMITS. 11.02.080 RIGHT-OF-WAY USE PERMITS. 11.02.090 APPLICATIONS AND PROCESSING OF PERMITS. 11.02.100 RENEWAL OF PERMITS. 11.02.110 PERMIT EXCEPTION. 11.02.120 PERMIT FEES AND CHARGES. 11.02.130 SPECIFICATIONS. 11.02.140 NOTICE OF INTENT TO START WORK. 11.02.150 INSPECTIONS. 11.02.160 COMPLETION OF WORK. 11.02.170 SHARED USE OF EXCAVATIONS. 11.02.180 UNDERGROUND UTILITY LOCATION REQUIRED. 11.02.190 WARNING AND SAFETY DEVICES. 11.02.200 TEMPORARY PARKING RESTRICTION NOTIFICATION. 11.02.210 MATERIALS TESTING. 11.02.220 PERFORMANCE AND WARRANTY DEPOSITS. 11.02.230 INSURANCE. 11.02.240 HOLD HARMLESS. 11.02.250 CORRECTION AND DISCONTINUANCE OF UNSAFE, NONCONFORMING, OR UNAUTHORIZED CONDITIONS. 11.02.260 NUISANCE IN THE RIGHT-OF- WAY. 11.02.270 NUISANCE UTILITY FACILITIES. 11.02.280 REVOCATION OF PERMITS. 11.02.290 STOP WORK ORDERS. 11.02.300 ADOPTION OF POLICIES. 11.02.310 APPEALS. 11.02.320 VIOLATION - PENALTY. 11.02.010 PURPOSE. It is the purpose of this chapter to provide for the issuance of right-of-way use permits in order to regulate activities within the rights-of-way in the City of Bremer- ton in the interest of public health, safety and welfare; and to provide for the fees, charges, performance and warranty deposits, warranties, and procedures required to administer the permit process. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.020 TERRITORIAL APPLICATION. This chapter and the procedures adopted hereunder shall be in effect throughout the City of Bremerton. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.030 CONSTRUCTION - INTENT. A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or desig- nate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. C. It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the City of Bremerton, or any of its offi- cers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Bremerton, or its offi- cers, employees or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in conse- quence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the City of Bremerton, its officers, employees or agents. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.040 DEFINITIONS. The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. "Citation and notice" means a written docu- ment initiating a proceeding pursuant to Chapter 1.12 BMC. B. "City Inspector" means the designated employee(s) of the Department of Public Works and Utilities assigned to inspecting the permitted work. (Revised 1/17)11.02-2 C. "City" means the City of Bremerton, Washing- ton. D. "Complaint" means a written document initiat- ing a procedure pursuant to Chapter 1.12 BMC. E. "Department" means the Public Works and Utilities Department or other Department designated by the Mayor. F. "Director" means the Director of Public Works and Utilities or his/her designated representative. G. "Emergency" means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, but not lim- ited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars. H. "Enforcement Officer" means the Director or his/her designated representative. I. "Engineering Division" means the Engineering Division of the Department. J. "Franchised utilities" means utilities that have City approval to use City rights-of-way for the purpose of providing their services within or beyond the City, whether by written franchise granted by the City, state tariff or other similar City authorization. K. "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. L. "Low impact development best management practices (LID BMPs)" shall mean distributed stormwa- ter management practices, integrated into a project design, that emphasize predisturbance hydrologic pro- cesses of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. M. "Notice of violation" means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition. N. "Oral directive" means a directive given orally by City personnel designated by the Director to correct or discontinue a specific condition. O. "Permit" means a document issued by the City granting permission to engage in an activity not allowed without a permit. P. "Permit center" means the location for apply- ing for permits. Q. "Permittee" means the person so designated on the permit application, or designee. R. "Person" means and includes corporations, companies, associations, joint stock companies or asso- ciations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers. S. "Private use" means use of the public right-of- way for the benefit of a person, partnership, group, orga- nization, company, or corporation, other than as a thor- oughfare for any type of vehicles, pedestrians or equestrians. T. "Policy" means a policy adopted by the Direc- tor to implement this chapter, or to carry out other responsibilities as may be required by this chapter or by other codes, ordinances, or resolutions of the City or other agencies. U. "Revocation" means the cancellation of a per- mit. V. "Right-of-way" means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, LID BMPs, planter strips and vegetated LID facilities, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, subsurface rights and easements related thereto. W. "Stop work order" means an oral directive or a written notice posted at the site of activity that requires all work to be stopped until the City approves continua- tion of work. X. "Suspension" means the temporary stay of a permit. Y. "Underground location service" means the underground utilities location center that will locate all underground utilities prior to an excavation. Z. "Unsafe condition" means any condition which the Director determines is a hazard to health, or endan- gers the safe use of the right-of-way by the public, or does or may impair or impede the operation or function- ing of any portion of the right-of-way, or which may cause damage thereto. (Ord. 5308 §1, 2016: Ord. 5023 §1, 2007: Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.050 POWERS OF THE DIRECTOR. The Director shall have the power to: A. Administer the provisions of this chapter including but not limited to interpreting the chapter and issuing rules and procedures necessary for its adminis- tration. B. Issue permits relating to use of the rights-of- way in accordance with this chapter. C. Administer and coordinate the enforcement of this chapter and all policies adopted hereunder relating to the use of rights-of-way. 11.02-2.1 (Revised 1/17) D. Advise the City Council, Mayor and other City Departments on matters relating to use of the rights-of- way. E. Carry out such other responsibilities as required by this chapter or other codes, ordinances, pol- icies or procedures of the City. F. Adjust the amount of fees required by this chapter to be proportional to any increased scope of work for which the permit is required. G. Request the assistance of other City Depart- ments to administer and enforce this chapter. H. Assign the responsibility for interpretation, application and enforcement of specified procedures to Department staff. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.060 PERMIT REQUIRED. A. It is unlawful for anyone to make private use of any public right-of-way without first having obtained a right-of-way use permit issued by the City or to use any right-of-way without complying with all the provisions of such right-of-way use permit issued by the City. 11.12-3 (Revised 1/17) the City Engineer. The City Engineer may require the traffic study to include any elements determined neces- sary in order to evaluate the nature and extent of appro- priate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall con- sider traffic impacts during the peak period. If the devel- opment generates significant traffic volumes outside the peak period of the adjacent road system, the City Engi- neer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with BMC 11.12.070. The traffic impact analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. (Ord. 4856 §5 (in part), 2003) 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a level of service (LOS) standard has been adopted within the current comprehensive plan of the city, mitigation measures shall be sufficient, in the esti- mation of the City Engineer, to assure that such seg- ments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current compre- hensive plan, the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersec- tion modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate por- tions of traffic not attributable to the project. (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. (Ord. 4856 §5 (in part), 2003) 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the engineering standards) as on file with the Depart- ment of Public Works and Utilities. The engineering standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These standards are not intended to apply to "resurfac- ing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the engineering standards or the provisions of this chapter provide otherwise, all design, construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinaf- ter referred to as the "WSDOT/APWA Standard Speci- fications"; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans"; (3) A Policy on Geometric Design of High- ways and Streets, AASHTO; "Manual on Uniform Traf- fic Control Devices," FHWA; and (4) WSDOT Local Agency General Special Provisions (GSPs) for Permeable Pavement. (b) An applicant may request a deviation from an engineering standard. Requests for deviation shall be made by the applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical doc- umentation that provides a basis for the deviation. The deviation may only be granted if the applicant demon- strates with clear and convincing evidence that: (1) The deviation is required due to geotech- nical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the per- formance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this chapter or the engineering standards. (Revised 1/17)11.12-4 (5) The other requirements of BMC 11.12.030(f) are met. (Ord. 5308 §2, 2016: Ord. 4856 §5 (in part), 2003) 11.12.085 COMPLETE STREETS. (a) The Public Works and Utilities Department will plan for, design and construct all new City transpor- tation improvement projects to provide appropriate accommodation for pedestrians, bicyclists, transit rid- ers, and persons of all abilities, while promoting safe operation for all users, as provided for below. (b) The Public Works and Utilities Department will incorporate complete streets principles into: the Department’s transportation strategic plan; Bremerton transit plan; pedestrian and bicycle master plans; intelli- gent transportation system strategic plan; and other Pub- lic Works and Utilities Department plans, manuals, rules, regulations and programs as appropriate. (c) Because freight is important to the basic econ- omy of the City and has unique right-of-way needs to support that role, freight will be the major priority on streets classified as major truck streets. Complete street improvements that are consistent with freight mobility but also support other modes may be considered on these streets. (d) Except in unusual or extraordinary circum- stances, complete streets principles will not apply: (1) To street repairs made due to utility activ- ities or pothole repairs; (2) To ordinary maintenance activities designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal and overlay, or interim mea- sures on detour or haul routes); (3) Where the Director of the Public Works and Utilities Department issues a documented determi- nation concluding that application of complete streets principles is not necessary: i) Where nonmotorized use is not prac- tical, is contrary to public safety, or is prohibited; ii) The cost of accommodation is exces- sively disproportionate to the need or probable use; or iii) Where other available means or fac- tors indicate an absence of current or future need. (e) Complete streets may be achieved through sin- gle projects or incrementally through a series of smaller improvements or maintenance activities over time. It is the Mayor’s and Council’s intent that all sources of transportation funding be drawn upon to implement complete streets. The City believes that maximum financial flexibility is important to implement complete streets principles. (Ord. 5184 §1, 2012) 11.12.090 DEDICATION OF RIGHT-OF- WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and nonmotorized transportation, landscaping, LID BMPs, utility, street lighting, traffic control devices, and buffer requirements; and (b) Street frontage improvements where the exist- ing right-of-way is not adequate to meet current right- of-way width requirements; and (c) The extension of existing or future public street improvements; and (d) Other transportation facilities deemed neces- sary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the develop- ment. (Ord. 5308 §3, 2016: Ord. 4856 §5 (in part), 2003) 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary pub- lic services, utility services, and motorized and nonmo- torized circulation corridors in and through the development, consistent with the provisions of the com- prehensive plan and other adopted City plans. Ease- ments may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Nonmotorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifi- cally shown on the City’s comprehensive plan. (c) Nonmotorized easements shall be wide enough to include the trail width and a minimum clear distance of two (2) feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping. (d) Nonmotorized easements shall be designated "City of Bremerton Nonmotorized Public Easement" and easement documents shall specify maintenance responsibilities. (Ord. 4856 §5 (in part), 2003) 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improve- ments in accordance with the engineering standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one (1) or more of the follow- ing exceptions are met: 11.12-4.1 (Revised 1/17) (1) The property is undergoing redevelop- ment, is zoned as single-family residential, has one (1) single-family residence, and has less than two hundred (200) feet of total frontage; (2) Adjacent street frontage improvements are unlikely to be installed in the foreseeable future as deter- mined by the Director; or (3) The installation of the required improve- ment would cause significant adverse environmental impacts. (b) Complete street frontage improvements shall be installed along the entire street frontage of the prop- erty at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or reloca- tion, landscaping strip, LID BMPs, trail, street trees and landscaping, irrigation, street widening, turn pockets, and channelization or other improvements deemed nec- essary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site-by-site basis and shall be determined by the Direc- tor. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channeliza- tion as needed for safety and in accordance with accepted engineering practice. (c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should not be constructed at the time of build- ing construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner’s cost of installing the required improvements. Payment shall be made prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director’s discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the prop- erty to not protest a local improvement district to improve the street frontage. (Ord. 5308 §4, 2016: Ord. 4856 §5 (in part), 2003) 11.12.120 LANDSCAPING IN RIGHTS-OF- WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and land- scaping may be required along City streets as a condi- tion of permit approval. (b) For any development wherever it is necessary to remove or relocate street vegetation in connection 13.10-1 (Revised 1/17) Chapter 13.10 MUNICIPAL TREES Sections: 13.10.010 PURPOSE. 13.10.020 DEFINITIONS. 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. 13.10.040 DAMAGE TO TREES AND SHRUBS. 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. 13.10.060 PUBLIC UTILITIES. 13.10.070 MASTER URBAN TREE PLAN. 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. 13.10.090 NUISANCE ABATEMENT. 13.10.100 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. 13.10.010 PURPOSE. It is the policy of the City of Bremerton to regulate and control planting, removal, maintenance and protec- tion of trees and shrubs on public areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the City; to promote and enhance the beauty of the City; to prevent damage to any overhead or underground utili- ties, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance prac- tices; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education. The provisions of this ordinance shall apply to: 1) all trees and shrubs presently or hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon any private premises which directly affect overhead and underground utilities, sidewalks, streets, public property, or cause unsafe viewing distances. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.020 DEFINITIONS. (a) "Critical root zone (CRZ)" shall be defined as the minimum area of root protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or four and one-half (4-1/2) feet above the ground, one and one- quarter (1-1/4) feet outwards from the trunk for every inch of trunk diameter. A minimum of six (6) feet diam- eter must be protected around small trees, regardless of diameter. (b) "Public area" shall include all public streets, roads, boulevards, sidewalks, planter strips, City-owned rights-of-way, parks, and the lands owned or leased by the City which are accessible to the public but not including municipal utility watershed or forest lands. (c) "Municipal trees and/or shrubs" shall include all woody vegetation presently or hereafter planted on any public areas. (d) "Maintenance" and "protection" shall include but not be limited to all operations of watering, pruning, spraying, bracing, inspection and other actions neces- sary to the health and aesthetics of the tree or shrub. (e) "Hazardous tree or shrub" shall be defined as any tree or shrub or part thereof growing on private or public property which: obstructs or impairs the free and full use of a public area, interferes with overhead or underground utilities, is afflicted with or weakened by a contagious or fatal disease, causes unsafe viewing dis- tances, blocks or impedes usage of street or sidewalk, or presents an imminent and foreseeable danger to persons or property. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. (a) Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owners, or for which responsibility has been assumed by the owner through a recorded agreement with the City. (b) Private property owners may prune or remove municipal trees adjacent to their property after approval is received from the City Arborist. If approval is denied, the tree shall become the City’s responsibility and shall be inventoried as such by the Parks and Recreation Department. (c) Property owners and/or occupants are respon- sible for notifying Engineering in the case that a muni- cipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken. (d) Private groups may arrange for the planting or maintenance of areas of municipal trees under the autho- rization of the Parks and Recreation Department. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.040 DAMAGE TO TREES AND SHRUBS. Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any tree or shrub; permit any (Revised 1/17)13.10-2 animal under his or her control to do so; permit any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. Prior to building operations, munici- pal trees and shrubs shall have secured protection barri- ers surrounding, at minimum, the critical root zone of plants. No equipment stockpiling, traffic, or soil disturb- ing activities shall occur within the critical root zone of municipal trees and shrubs. Persons responsible for damage to trees on public areas shall be penalized pur- suant to the BMC 13.04.180 regarding damage to park property, and BMC 13.04.040. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or shrub without obtaining permission from the Parks and Recreation Department, except in emergencies such as storms or accidents, pursuant to BMC 13.04.030. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on pub- lic areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional manner. The utility shall notify the Parks and Recreation Department of any plans for maintenance on public areas and consult with the Parks and Recreation Department should any trees need to be topped or removed so that they may suggest ways to pre- serve the beauty or symmetry of the tree and keep removals to a minimum. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.070 MASTER URBAN TREE PLAN. A Master Urban Tree Plan shall be developed by the Parks and Recreation Department for park and muni- cipal trees and approved by Council resolution. It will be based upon an inventory of existing municipal trees in these areas and an evaluation of the site and space fac- tors which will aid in the determination of those trees best suited for Bremerton’s urban environment and result in the development of a long-range plan for future planting and maintenance. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in pub- lic areas of the City, including the rights-of-way, shall be in conformance with the City’s engineering design and construction standards: (a) Planting. (1) All trees will be not less than one and one- half (1-1/2) inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) Soil amendments, in accordance with the Stormwater Manual in BMC 15.04.020, shall be pro- vided in all planting areas prior to planting. (3) No tree or shrub will be planted closer than two (2) feet from the curbline or ten (10) feet from a driveway or alley. Trees shall be spaced at intervals of at least twenty (20) feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City’s engineering design and construction standards. (4) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of four (4) feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (5) All young trees, for a minimum of one (1) year, shall be securely staked and guyed until the roots become established. (6) Municipal trees and shrubs planted prior to the passage of the ordinance codified in this section are exempt from these planting standards. (7) A list of recommended species of munici- pal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Arborist prior to planting, if it is not on the recommended species list. (8) Public education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. (b) Pruning. Pruning of any municipal tree on any public area must be authorized by the Parks and Recre- ation Department’s City Arborist or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined. (i) Fine pruning: removal of dead, dis- eased, objectionable and/or weak branches which are larger than one-half (1/2) inch in diameter. 13.10-3 (Revised 1/17) (ii) Medium pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one (1) inch in diameter. (iii) Safety pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. (iv) Cut back to topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight (8) feet. The provi- sions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public park- ing, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineer- ing Division. Any tree or shrub on private property which hangs over a city right-of-way which is not pruned as herein provided shall be subject to the provi- sions of BMC 13.10.090. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, exist- ing buildings and traffic signs, shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal. (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be com- pletely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appro- priate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this section. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance. (1) All municipal trees will receive routine maintenance on a four (4) year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three (3) years. (3) The use of biological controls and sprays will be encouraged and used by City employees when- ever possible in the treatment of insect infestation in trees on city lands and rights-of-way. (4) Preserve and maintain park soils for long- term tree health. Protect soils from compaction, allow plant debris or its equivalent to be left on the soil surface to replenish organic matter, and reduce chemical inputs to soil, where possible. For lawns and high-nutrient- demand landscapes, consider adding one-quarter (1/4) to one-half (1/2) inch of compost raked into landscape in spring or fall. (Ord. 5309 §1 (part), 2016: Ord. 4856 §6, 2003; Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.090 NUISANCE ABATEMENT. On Private Properties. Abatement of nuisances on private property with trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and sidewalks, will be handled in accordance with the nuisance abatement procedures set forth in Chapter 6.08 BMC. (Ord. 5309 §1 (part), 2016: Ord. 5154 §3, 2011: Ord. 4584, Amended, 02/28/1997; Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.100 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. The costs of planting, removing, maintaining and protecting trees and shrubs on all public areas of the City, when done by Parks and Recreation Department and Public Works Department, shall be borne by the City out of the Parks and Recreation Department and Public Works Department budgets as assets allow, and from funds donated or grant monies received specifi- cally for that purpose. When a private party plants, removes, maintains or protects trees pursuant to BMC 13.10.080, that party shall be responsible for all incurred costs. (Ord. 5309 §1 (part), 2016: Ord. 4553, Repealed & Replaced, 06/20/1996. Formerly 13.10.110) 15.01-1 (Revised 1/17) 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 the schedules of activities, prohibitions of practices, main- tenance procedures, and structural and/or managerial practices that, when used singly or in combination, pre- vent or reduce the release of pollutants and other adverse impacts to waters of Washington State. "BOD (biochemical oxygen demand)" means an indirect measure of the concentration of biologically degradable materials present in organic wastes. The amount of free oxygen utilized by aerobic organisms when allowed to attack the organic material in an aero- bically maintained environment at a specified tempera- ture (twenty (20) degrees centigrade) for a specific time period (five (5) days), and thus stated as BOD5. It is expressed in milligrams of oxygen utilized per liter of liquid waste volume (mg/l) or in milligrams of oxygen per kilogram of waste solution (mg/kg = ppm = parts per million parts). Also called "biological oxygen demand." "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. (Revised 1/17)15.01-2 15.01.020 (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. "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 Inspec- tor to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose 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 of 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. 15.01-3 (Revised 1/17) Bremerton Municipal Code 15.01.020 "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. "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 new development and/or redevelopment 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 developments; variances; shore- line substantial development; clearing activity; excava- tion; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural pur- poses; activity conditionally allowed; building or con- struction; revocable encroachment permits; 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. "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. "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 (Revised 1/17)15.01-4 15.01.020 procedures established in Title 40 of the Code of Federal 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 and grasses 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. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. 15.01-5 (Revised 1/17) Bremerton Municipal Code 15.01.020 "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, shutoff for non- payment, requested deactivation or the water meter has been removed for nonusage. 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. "Infiltration (stormwater)" shall mean the down- ward movement of water from the surface to the subsoil. "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": "Native growth protection easement (NGPE)" shall mean an easement granted for the protection of native vegetation within a sensitive area or its associated buf- fer. The NGPE shall be recorded on the appropriate doc- uments of title and filed with the Kitsap County Assessor’s Office. "Natural location" shall mean the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropri- ate. In the case of outwash soils with relatively flat ter- rain, no natural location of surface discharge may exist. "New development" shall mean land disturbing activities, including Class IV - general forest practices (Revised 1/17)15.01-6 15.01.020 that are conversions from timber land to other uses; structural development, including construction or instal- lation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be 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 per- mitee’s MS4 and enters a surface receiving water body or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect seg- ments 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. "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, gravel pave, or other forms of structural pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support 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). "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": "Redevelopment" means conversion of an existing development to another land use, or addition of a mate- rial improvement to an existing development. 15.01-7 (Revised 1/17) Bremerton Municipal Code 15.01.020 "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 Manual" shall mean the manuals adopted in BMC 15.04.020. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and dis- charging stormwater. "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. (Revised 1/17)15.01-8 15.01.030 "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. "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 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. (Ord. 5310 §1, 2016: 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 City for water, waste- water, or stormwater shall be required to make applica- tion and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The utility service agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner’s designated agent and shall be filed with the City before building permit issuance. No partial utility service agreement will be issued or approved; all services requested will be listed on the application. The applicant shall pay all installation and inspection fees for the utility services, as herein pro- vided, before building permit issuance. The building permit will not be issued until all of the applicable City fees are paid. (c) The applicant shall pay the general facility charges (GFC) prior to final building inspection of the facility for which the utility service is provided. The final building inspection will not be conducted until all GFCs are paid (water, wastewater, stormwater). (d) 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 City in which the applicant agrees to pay for service provided at the rate and in the manner specified. (e) 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. (f) Customers may request written quotes from the Department for the fees, assessments and charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote, or until the end of the calen- dar year, whichever is sooner. (g) 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 customer may request an extension prior to the expiration of the one hundred eighty (180) days. The customer’s request must be in writing and must explain the basis for the exten- sion. The Director can authorize one (1) one hundred eighty (180) day extension at his or her discretion, based upon a determination that such extension is justified based on the facts. If the agreement becomes invalid as 15.01-9 (Revised 1/17) Bremerton Municipal Code 15.01.075 provided herein, all fees paid to the City for utility ser- vices shall remain with the City unless the customer requests a refund in writing. Prorating of the refund amount shall be determined 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. If the City has made payments to third parties in reliance on the utility service agreement, those costs may be deducted from the eighty percent (80%) refunded to the customer. (Ord. 5288 §1, 2015: 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), 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) (Revised 1/17)15.01-10 15.01.080 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 15.03-1 (Revised 1/17) 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. (a) General Policy. It is the general policy of the City of Bremerton that properties located outside the City limits annex into the City before wastewater utility services are provided to those properties. For the pur- pose of this section, "service" means extensions of and/or service connections to City wastewater utilities to property located outside City limits. "Extension" means to modify, expand, or extend the existing City wastewater infrastructure such as sewer mains and related appurtenances. This policy does not apply to water utilities. Exceptions to this policy are set forth in subsection (b) of this section. (Revised 1/17)15.03-2 15.03.050 (b) Exceptions. In cases where an owner of prop- erty located outside the City limits requests extension of utility service, the City Council may, in its sole and absolute discretion, provide wastewater utility services to those properties if the property owner executes an outside utility agreement pursuant to the provisions set forth in subsection (d) of this section and: (1) Annexation Not Feasible. In cases where the City Council determines that annexation of a prop- erty located within the City’s urban growth area is not currently feasible; or (2) Failed Systems. In cases where an existing septic system serving property has failed, and: (i) The local health official certifies that an existing septic system has failed and is physically incapable of being repaired or replaced in a manner meeting applicable health standards; and (ii) Connection is shown to be necessary to protect basic public health and safety and the environ- ment; and (iii) For property located outside an urban growth area, the utility services provided by the connec- tion are financially sustainable at rural densities and do not permit urban development pursuant to RCW 36.70A.110(4); or (3) Other Circumstances. In any other circum- stances where the City Council determines, at its sole and absolute discretion, that it is necessary or appropri- ate to allow the provision of wastewater utility service. (c) Existing Utilities. Nothing in this section is intended to abrogate any existing wastewater utility sys- tems currently in existence outside the City limits. The City does not intend to terminate any wastewater utility service outside the City limits that is in existence as of the effective date of the ordinance codifying this sec- tion. For purposes of this chapter, "in existence" means the property is currently receiving utility service and/or has a fully signed, valid, City utility service agreement. However, the City will not provide new wastewater util- ity services to property from existing wastewater utili- ties located outside the City limits except: (1) As provided in subsection (b) of this sec- tion; or (2) A new service connection to a single par- cel of property from a fronting sewer main pursuant to BMC 15.03.080 that does not modify, expand, or extend the City’s wastewater utility infrastructure such as sewer mains and related appurtenances; or (3) New utility services from an existing City wastewater utility system as established by a local improvement district (LID) to property that is subject to the LID. To receive any of these new services, the property owner must execute an agreement pursuant to the provi- sions set forth in subsection (d) of this section. The Director of Public Works and Utilities is authorized to approve utility service pursuant to subsections (c)(2) and (3) of this section. (d) Outside Utility Agreement. In the event that the City Council determines, pursuant to subsection (b) of this section, to provide wastewater utility services beyond the City limits, the owner of the property for which service is authorized must execute an outside util- ity agreement with the City providing for the owner granting to the City of Bremerton a limited power of attorney to include owner’s consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City of Bremerton. (e) The Director of Public Works and Utilities shall review the application for services and forward the same, together with the Director’s recommendation, to the City Council for review and determination under subsection (b) of this section. (Ord. 5306 §1, 2016: 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. 15.03-2.1 (Revised 1/17) Bremerton Municipal Code 15.03.080 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 transported 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 15.04-1 (Revised 1/17) Bremerton Municipal Code 15.04.030 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. 5310 §2 (part), 2016: 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 for the hydrologic analysis and design of stormwater infrastructure not covered by the SWMMWW; (c) Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and (d) Engineering Design and Construction Stan- dards. Where referenced and adopted manuals are in con- flict, the SWMMWW shall govern. (Ord. 5310 §2 (part), 2016: 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 below and those set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. Where definitions provided below con- flict with the manual, the definitions below shall prevail. In the context of stormwater management, if defini- tions in this section conflict with definitions in BMC 15.01.020 or other BMC chapters, the definitions set forth in this section shall prevail. "Bioretention" (also referred to as "bioswale" in other chapters of the BMC) means engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to Chap- ter 7 of Volume V of the Stormwater Manual in BMC 15.04.020 for bioretention BMP types and design spec- ifications. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other body of water. "Dry season" shall mean the months of May 1st through September 30th. "Low impact development best management prac- tices (LID BMPs)" shall mean distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpi- ration. LID BMPs include, but are not limited to, bioret- ention/rain gardens, permeable pavements, roof (Revised 1/17)15.04-2 15.04.040 downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. "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. "Low impact development (LID) principles" means land use management strategies that emphasize conser- vation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. "Maintenance covenant" means a covenant running with the land pursuant to RCW 89.12.060, which shall bind every person having any interest in the property and the stormwater controls, and shall be binding upon and inure to the benefit and burden of the owner, and their respective heirs, successors and assigns, in a for- mat provided by the City. The covenant shall identify stormwater system ownership, responsibility, and liabil- ity for the operation, maintenance and reporting for the stormwater system, facility, or LID BMPs and protect them from conversion or elimination in perpetuity. It shall be recorded with the Kitsap County Assessor’s Office. "Maintenance schedule" means a document detail- ing required stormwater facility maintenance activities to be performed at specified intervals. "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. "Operation and Maintenance Manual" means a written manual that provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel. "Owner" means any person or persons having a legal or equitable property right or interest, whether or not said right is legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust or deed of trust. "Sub-basin" shall mean a drainage area that drains to a watercourse or water body which is contained within a basin. "Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020. "Wet season" shall mean the months of October 1st through April 30th. (Ord. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP). A stormwater management program plan 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. 5310 §2 (part), 2016: 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 City of Bremerton; however, storm drainage mitigation may be required pursuant to BMC 15.04.070. (Ord. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.04-3 (Revised 1/17) Bremerton Municipal Code 15.04.110 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. 5310 §2 (part), 2016: 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 size specified in the Engineering Design and Con- struction 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. 5310 §2 (part), 2016: 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 SWMMWW and additional guidance is provided in the LID Manual. (d) The menu of LID BMPs identified in the SWMMWW are accepted by the City for use in storm- water site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the SWMMWW 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. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 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 (Revised 1/17)15.04-4 15.04.120 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. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 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- 15.04-5 (Revised 1/17) Bremerton Municipal Code 15.04.190 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) All new development and redevelopment that installs or expands existing stormwater infrastruc- ture, treatment and/or quantity control shall submit a maintenance covenant and maintenance plan, that will run with the property, their heirs and assigns. The cove- nant shall include a site plan with details of all compo- nents used in the system such as pipes, catch basins, LID BMPs, and green stormwater infrastructure; the cove- nant shall identify parties responsible and liable for the operation and maintenance of said facilities. The main- tenance plan shall include all system components, fea- tures, maintenance schedules and reporting requirements. Upon acceptance, the covenant shall be recorded with Kitsap County Auditor’s Office. (3) A maintenance covenant shall be recorded for rain gardens, or other green stormwater infrastruc- ture (GSI) installed on private property with Bremerton Utilities financial assistance. The property owner accepts responsibility to maintain and operate the fea- ture as defined in the covenant unless released by the City through a recorded instrument filed with Kitsap County Assessor’s Office. (4) A maintenance and inspection report for stormwater systems shall be submitted annually to the Director by February 28th of each year to document maintenance of stormwater facilities for the preceding year. The report shall contain: the date maintenance and/or inspection tasks were completed and a summary of stormwater facilities including catch basins, LID BMPs, quantity and quality features. (5) 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. (6) When an inspection identifies an exceed- ance 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. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: 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 re-use. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner’s expense. (Ord. 5310 §2 (part), 2016: 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 pipes, machinery, tools, buildings, improve- ments, or other appurtenances belonging to, connected with, or under the control of the Department. (Revised 1/17)15.04-6 15.04.190 (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; 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 ground water: 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 ground water: (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. 15.04-7 (Revised 1/17) Bremerton Municipal Code 15.04.210 (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. (Ord. 5310 §2 (part), 2016: 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. 5310 §2 (part), 2016: 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 to BMC 1.12.020, Penalties. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.06-3 (Revised 1/17) Bremerton Municipal Code 15.06.030 (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 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 twelve (12) month duration. The twelve (12) month limitation allows for billing meter calibration and yearly testing of backflow prevention devices. If the applicant requires a temporary/construction water meter for longer than twelve (12) months, the applicant must reapply. Access to the temporary/construction meter must be available to the department to inspect and read at any reasonable time. 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 (Revised 1/17)15.06-4 15.06.040 City. All wholesale water contracts shall be subject to Mayoral approval and City Council authorization. (Ord. 5298 §1, 2016: 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. 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. 15.06-5 (Revised 1/17) Bremerton Municipal Code 15.06.050 (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 and reduction of the amount of stormwater discharges prior to entry into the stormwater system and the reduction of the amount of stormwater discharges into the stormwater system. This stormwater quality and quantity mitigation shall be required to demonstrate compliance with Minimum Requirement No. 5, Mini- mum Requirement No. 7, Minimum Requirement No. 8 and the LID Performance Standards as required by the SWMMWW. All new development will be required to install water quality and quantity improvements prior to connection 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. 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. (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- (Revised 1/17)15.06-6 15.06.060 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. 5310 §3, 2016: 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) 20.42-9 (Revised 1/17) Bremerton Municipal Code 20.42.040 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. "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, movable readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor vehicle which is parked, stored or displayed conspicu- ously in a manner intended to attract the attention of the public 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. "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. "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- 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, boat trailers, 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 (Revised 1/17)20.42-10 20.42.040 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 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 outdoor automobile sales. Auto- mobile sales that are wholly indoors (no outdoor storage or vehicles), shall be considered general retail. "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": "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- 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, 20.42-11 (Revised 1/17) Bremerton Municipal Code 20.42.040 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, cargo containers, railroad cars, semi-truck trailers or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage build- ings, sheds or other structures and may be public or pri- vate. 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. "Support structure" means any existing or pro- posed building, utility pole, or tower capable of support- ing a wireless communications antenna. Support structures include, but are not limited to, existing build- ings, water towers, and utility poles and/or towers. (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 fundraising event. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days. Townhouse. See "Dwelling, townhouse." "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. (Revised 1/17)20.42-12 20.42.040 (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. "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. (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. 5312 §3, 2016; Ord. 5301 §3 (Exh. B) (part), 2016: 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) 20.52-1 (Revised 1/17) 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 NONCOMMERCIAL SPEECH SIGNS. 20.52.090 GENERAL SIGN REGULATIONS. 20.52.100 COMMERCIAL DISTRICTS 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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, wayfinding signs, 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 markings 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 (Revised 1/17)20.52-2 20.52.050 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 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) Signs displayed on a lot with a property for sale or rent. (k) Signs displayed on a lot where construction is taking place, provided they are removed prior to occu- pancy approval of the building. (l) Noncommercial speech signs meeting the pro- visions in BMC 20.52.085. (m) Signs not readable from public or private right- of-way or waterway. (n) Signs intended for general public information, such as bulletin board/kiosk, that accommodate change- able copy such as private or public notices, special event information, and other short-term messages, at a scale suitable for pedestrians and not intended to be read by passing motorists, and not for commercial advertising purposes. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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, video or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than at eight (8) second intervals 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, but not including co-op signs, portable signs, or noncom- mercial speech signs where permitted. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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. (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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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 erected by the City; (3) Approved signs overhanging public walk- ways; and (4) Approved portable signs per BMC 20.52.160. 20.52-3 (Revised 1/17) Bremerton Municipal Code 20.52.090 (b) Intersections Standard. A vision clearance set- back shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) General Road Standard. A vision clearance set- back 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. (e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehi- cles. (f) The setbacks for freestanding signs may be reduced to zero (0), provided the applicant provides jus- tification and documented proof that the sign’s place- ment will not hinder vision clearance for existing and future development on the site. (g) Freestanding signs shall not extend beyond property lines. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.085 NONCOMMERCIAL SPEECH SIGNS. Noncommercial speech signs express noncommer- cial speech such as public community events, religious, political, social, or other philosophical messages. Noncommercial speech signs do not promote com- mercial products or services. The content of such signs is not regulated, but is subject to the following require- ments: (a) The sign area of noncommercial speech signs shall not exceed thirty-two (32) square feet. (b) The maximum height is limited to six (6) feet. (c) Noncommercial speech signs that do not com- ply with the requirements of this section shall be subject to the permit requirements, sign area, setback and other provisions of this chapter. All noncommercial speech signs shall comply with general sign regulations per BMC 20.52.090. (Ord. 5312 §4 (part), 2016) 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 for commercial and center zones up to fifty (50) percent of the area of a wall sign that is integrated into an architectural facade design element to define the primary entry to the premises may project above the parapet of a flat roof; provided, that all com- ponents 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. (Revised 1/17)20.52-4 20.52.100 (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. (f) Illumination. In order to avoid unreasonably distracting pedestrians or motorists, nearby residents, and to protect marine life, illumination from or upon any sign shall be shielded or directed so as to avoid undue brightness, glare or reflection of light on private or pub- lic property and waterways. Illumination shall be adjusted to ensure there is no undue brightness. "Undue brightness" is illumination in excess of 0.3 footcandles above ambient light conditions. (g) Sign Maintenance. All signs erected in the City of Bremerton are required to remain in good repair. The following requirements shall apply for sign mainte- nance: (1) It shall be unlawful for any person to maintain or permit to be maintained on any premises owned or controlled by said person any sign which is in a damaged or deteriorated condition and constitutes a danger or hazard to public safety. (2) Sign components and materials shall be kept in good repair which shall include the sign being free of holes, chipping, cracking, peeling, fading, rust- ing or nonfunctional components that are detectable from beyond the property line. Any sign in violation of this section shall be removed or repaired by the owner of the sign or the owner of the premises. A permit may be required for maintenance work. (3) Temporary signs, noncommercial speech signs or banners showing evidence of deterioration, such as rips, tears, color fading, frayed edges or other- wise showing need of general maintenance that can be seen from the property line shall be removed, repaired or replaced promptly (provided the replacement complies with all other portions of this chapter). (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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) No use or combination of uses on a single lot or building shall have more than one (1) freestanding sign per street frontage, with the following exceptions: (i) Parcels with five hundred (500) feet of continuous frontage may have one (1) additional sign. (ii) Co-Op Signs. See subsection (d) of this section. (2) 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 of the side with the sig- nage. (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 oncoming traffic. (c) Large Multiple-Occupant Development. 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) street frontage, provided the parcel has an area of at least eight (8) acres, and the sign is no closer than one hundred (100) feet from an adjacent property on the same side of the street. (d) Co-Op Signs. A co-op sign is intended to per- mit businesses that do not have street frontages on Kit- sap Way or Wheaton Way a reasonable opportunity to advertise. Co-op signs are an incentive for the consoli- dation of signage. A co-op sign transfers the right to place a freestanding sign from a nonfronting parcel to a parcel with street frontage on Kitsap Way or Wheaton Way. (1) Co-Op Sign Eligibility. Co-op signs may be permitted along Wheaton or Kitsap Way provided all the following are met: (i) At a minimum, two (2) parcels are coordinating to create consolidated signage to reduce visual clutter and limit distractions to pedestrians and motor vehicles. It will be required for the nonfronting parcel to transfer the right to develop an on-site free- 20.52-5 (Revised 1/17) Bremerton Municipal Code 20.52.130 standing sign to the parcel fronting Kitsap Way or Wheaton Way. The owners of both the fronting parcel and the nonfronting parcel(s) shall record a "Notice to Title" prepared by the Department recognizing the pres- ence of a co-op sign with the Kitsap County Auditor. The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the sign permit is issued. (ii) The nonfronting business shall not have a property line fronting Wheaton Way or Kitsap Way. (iii) The parcel where the co-op signage is installed shall have at least seventy-five (75) feet of con- tinuous street frontage on Wheaton Way (defined as Wheaton Way from Riddell Road to Sheridan Road) or Kitsap Way. (iv) The parcels (fronting and nonfront- ing) must share a property line, or for nonfronting busi- nesses that do not have a shared property line with the fronting business, co-op signage may be allowed if all of the following are met: a. The structure containing the non- fronting businesses is within eight hundred (800) feet of Wheaton or Kitsap Way; and b. The nonfronting parcel is within four hundred (400) feet from the fronting parcel where the co-op sign is to be installed; and c. There is no public right-of-way between the nonfronting and fronting parcel where the co-op sign is to be installed; and d. Vehicle or pedestrian access to the nonfronting business is adjacent to, or is in close proximity to, the fronting business. (v) Any existing freestanding sign(s) on the fronting and nonfronting businesses should be removed prior to installation of the co-op sign, unless allowed elsewhere in the code. (2) Size and Quantity. Co-op signs shall be in accordance with the following standards: (i) A parcel may only participate in one (1) co-op sign. a. The nonfronting parcel may place a directional sign at each entrance, not to exceed ten (10) square feet in size. (ii) The co-op sign is the only permitted freestanding sign on the participating parcels, except as provided above. (iii) The sign does not exceed the maxi- mum height limit as identified in Figure 20.52(a). (iv) A co-op sign shall not exceed one hundred (100) square feet, except for the following: a. When a co-op sign has multiple nonfronting parcels, a twenty-five (25) percent bonus in square footage is permitted (for a maximum sign area of one hundred twenty-five (125) square feet). (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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) One (1) freestanding sign may be permit- ted at each street entrance to a neighborhood, subdivi- sion, manufactured park, apartment/condominium complex, or other homogeneous residential area, pro- vided: (i) The sign area is fifty (50) square feet or less. (2) Individual Properties. Each residential property may have one (1) freestanding permanent sign that shall not exceed two (2) square feet in sign area. (3) 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. When a sign that is not otherwise regulated by this title and is located in a residential zone, the special pur- pose sign regulations shall apply. Specifically, special purpose signs are signs located in a residential zone that are for either (1) commercial uses, such as an adaptive reuse, or legally established nonconforming commercial use, or (2) noncommercial signs such as signs for churches, schools and parks. 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. (Revised 1/17)20.52-6 20.52.140 (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 a residential zone, the sign shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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 located in a center: (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 make 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. (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. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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. 20.52-7 (Revised 1/17) Bremerton Municipal Code 20.52.200 (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. (2) Alteration to Associated Business or Site. Should a business or site with an off-premises noncon- forming sign undergo remodel or site improvements the sign shall lose its nonconforming status under any of the following circumstances: (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 dollars ($50,000); or (iii) Unless the structure was damaged by fire or other casualty not intentionally caused by the owner or tenant and a permit is applied for within one (1) year of such fire or casualty. (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, refacing 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; (ii) On-site construction/improvements costs exceed fifty thousand dollars ($50,000); or (iii) Unless the structure was damaged by fire or other casualty not intentionally caused by the owner or tenant and a permit is applied for within one (1) year of such fire or casualty. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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. (4) Location of the sign within a required set- back is otherwise consistent with the public health, safety, and welfare. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: 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 is located to the remedies and penalties of BMC 20.40.200. (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 1/17)20.52-8 20.52.200 1. Larger signs for large multiple-occupant development are allowable per BMC 20.52.100(c). 2. Freestanding sign size for special purpose zones not listed in this table is subject to the requirements of BMC 20.52.130. 3. Freestanding signs fronting Wheaton Way (from Riddell Road to Sheridan Road) and Kitsap Way may increase the maximum height to fifteen (15) feet. 4. Pursuant to BMC 20.52.100(d) co-op signage may increase the maximum size provided a transfer of development rights for the nonfronting parcel is provided (nonfronting parcel does not get a freestanding sign as the transfer of development rights was for a larger sign on the fronting parcel). (Ord. 5312 §4 (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: 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 Requirements2 Commercial Zones Freestanding Sign Type Max. Height Max. Size1,4 General Commercial (GC) Monument only 8'3 60 sq. ft. Neighborhood Business (NB) Monument only 6' 60 sq. ft. Freeway Corridor (FC) Any 35' 150 sq. ft. Industrial (I) Any 25' - Institutional (INST) Monument only 8' 60 sq. ft. All Centers (except the Puget Sound Industrial Center - Bremerton) Monument only 8'3 60 sq. ft. Puget Sound Industrial Center - Bremerton Any 25' - Tables-1 (Revised 1/17) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (Repealed by 4965) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (20.10) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap- ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (Repealed by 4950) 4861 Amends § 21.02.330, off-premises signs (Repealed by 4950) 4862 Street vacation (Special) 4863 Amends Ord. 4839, fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (Repealed by 5206) 4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties; repeals Chapter 7.16, livestock restricted areas (7.12, 7.14) 4867 Amends Chapter 2.05, departments and directors (2.05) 4868 Adds § 2.76.550, credit/purchase card use (Repealed by 4934, 4975) 4869 Amends Chapter 3.01, Rate Table A (Repealed by 5130) 4870 Westpark housing cooperation (Special) 4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (Repealed by 5004) 4872 Natural gas franchise (Special) 4873 Community renewal plan (Special) 4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use (11.02) 4875 Energy franchise (Special) 4876 Tax levy (Special) 4877 Adds Chapter 2.01, elected official - PERS (2.01) 4878 Amends 2003 budget (Special) 4879 Amends § 3.82.020, commercial parking tax (3.82) 4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and 3.01.095 (Repealed by 5130) Number Subject (Revised 1/17)Tables-2 4881 Amends § 15.06.015, Appendix A (15.06) 4882 Amends § 3.50.050, utility taxes (3.50) 4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe- cial) 4884 Street vacation (Special) 4885 Property condemnation (Special) 4886 Amends §§ 21.02.070 and 21.02.150, zoning (Repealed by 4950) 4887 Amends § 21.02.152, zoning (Repealed by 4950) 4888 Street vacation (Special) 4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02) 4890 Amends Port Blakely initial development agreement (Special) 4891 Amends § 6.32.010, noise levels (6.32) 4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (Repealed by 5276) 4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78) 4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13) 4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86) 4896 Street vacation (Special) 4897 Number not used 4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and § 10.11.010, parking enforcement (9.32) 4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (Repealed by 4950) 4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser- vices (2.05, 2.09) 4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (Repealed by 4950) 4902 Repeals § 21.02.750 (Repealer) 4903 Repeals and replaces Ch. 18.02, city fire code (18.02) 4904 Repeals and replaces Ch. 17.04, city building code (17.04) 4905 Amends § 9A.48.030, criminal impersonation (9A.48) 4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (17.04) 4907 Street vacation (Special) 4908 Amends Ch. 3.01, rates and fees (Repealed by 5130) 4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen- dix A, municipal utilities (15.01, 15.06) 4910 Amends 2004 budget (Special) 4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (Repealed by 5311) 4912 Street vacation (Special) 4913 Street vacation (Special) 4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (Repealed by 4965) 4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32, 10.13, 13.04) 4916 2005 tax levy (Special) 4917 2005 comprehensive plan (Repealed by 5299) 4918 Amends § 3.50.050, utility taxes (3.50) 4919 Amends Ch. 3.01, rates and fees (Repealed by 5130) 4920 LTGO bond/Kitsap regional conference center (Special) 4921 Adopts 2005 budget (Special) 4922 Annexation (Special) Number Subject Tables-7 (Revised 1/17) 5083 Annexation (Special) 5084 Annexation (Special) 5085 Corrections to city boundaries (Special) 5086 Authorizes termination of agreement with Kitsap County and Port Blakely Communities (Special) 5087 Bond issuance (Special) 5088 Creates Bremerton Harborside Revitalization Area; repeals Ord. 5052 (Special) 5089 Adopts public defense standards (Repealed by 5207) 5090 Approves voluntary separation and reduced work hours program (Special) 5091 Amends Ch. 20.02, Figure 20.40(a) [20.40(b)] and § 20.46.110, zoning (20.02, 20.40, 20.46) 5092 (Failed) 5093 Amends §§ 6.32.070 and 6.32.090, noise levels (6.32) 5094 Amends comprehensive plan (Repealed by 5299) 5095 Amends Rate Tables E and F of Ch. 3.01, rates and fees (Repealed by 5130) 5096 Amends § 3.50.050, utility taxes (3.50) 5097 (Failed) 5098 2010 tax levy (Special) 5099 Adopts 2010 budget (Special) 5100 Cable franchise (Special) 5101 Amends 2009 budget (Special) 5102 Amends Ch. 18.06, ambulance services (18.06) 5103 Amends §§ 2.62.045, 15.01.020(m), 15.06.060, Appendix A of § 15.06.015, and Ch. 15.08, utilities (2.62, 15.06, 15.08) 5104 Rezone (Repealed by 5299) 5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5260) 5106 Alley vacation (Special) 5107 (Pulled) 5108 State-shared sales and use tax for local revitalization (Special) 5109 Bond issuance (Special) 5110 Amends § 2.05.010; repeals Ch. 2.07, economic development department (2.05) 5111 Amends Figure 20.40(b) and §§ 20.60.040, 20.78.040 and 20.79.040, community facilities (20.40, 20.60, 20.79) 5112 Amends Ch. 18.02, fire code (18.02) 5113 Adds § 17.04.080(c); amends §§ 17.04.020, 17.04.040(c) and 17.04.110(d), building codes (17.04) 5114 Amends §§ 10.10.140 and 10.11.010(f), parking for disabled persons (Repealed by 5206) 5115 (Pulled) 5116 Amends § 3.72.020, gambling tax (3.72) 5117 Amends 2010 budget (Special) 5118 Amends § 20.48.060, residential parking development standards (20.48) 5119 Right-of-way transfer (Special) 5120 Amends Ch. 3.68, equipment rental reserve fund (3.68) 5121 Amends Ch. 10.12, skateboards (10.12) 5122 Amends §§ 10.10.020, 10.10.030, 10.11.005 and 10.11.010, parking (Repealed by 5206) 5123 Amends § 17.60.070, floodplain management (17.60) 5124 Bond issuance (Special) 5125 Amends § 2.18.060, audit committee (Repealed by 5311) 5126 Adds Ch. 7.06; amends §§ 3.01.050, 7.04.020, 7.15.010 and 7.16.030, keeping of chickens (7.04, 7.06, 7.15, 7.16) 5127 Amends § 17.60.070, floodplain management (17.60) 5128 Amends Ch. 2.09 and § 2.10.030, information technology reorganization (2.09, 2.10) 5129 Tax levy (Special) Number Subject (Revised 1/17)Tables-8 5130 Repeals and replaces Ch. 3.01, rates and fees (3.01) 5131 Amends §§ 15.06.015 and 15.06.040; repeals Appendix A of Ch. 15.06, assessments, rates, fees and charges (15.06) 5132 Establishes rates and fees for the department of public works and utilities (Not codified) 5133 Adopts 2011 budget (Special) 5134 Amends 2010 budget (Special) 5135 Adds § 10.10.150, driveways (Repealed by 5206) 5136 Repeals Ch. 18.08, outdoor fires (Repealer) 5137 Amends § 18.02.090, fire code (18.02) 5138 Amends § 10.04.010 and Ch. 10.11, parking (10.04) 5139 Amends § 3.48.030, business and occupation tax (3.48) 5140 Adds Ch. 5.08; amends § 7.08.030(a), street vendors; repeals Chs. 5.04 and 5.20 (5.08, 7.08) 5141 Adds Ch. 3.49, natural or manufactured gas use tax (3.49) 5142 Repeals Ch. 3.44, admissions tax (Repealer) 5143 Repeals Ord. 5050, alley vacation (Repealer) 5144 Repeals Ord. 5061, street vacation (Repealer) 5145 Amends Ch. 9A.44, public disturbances (9A.44) 5146 Adds § 9A.32.130, sexual motivation for assault (9A.32) 5147 Adds Ch. 6.06; amends § 2.62.045; recodifies Ch. 9.14 to 6.08 and Ch. 9.16 to Ch. 6.02; repeals Chs. 6.02, 9.08 and 9.90, health and sanitation (2.62, 6.02, 6.06, 6.08) 5148 Amends Ch. 1.04 and § 2.13.120, code enforcement (1.04, 2.13) 5149 Alley vacation (Special) 5150 Amends § 2.09.040, city clerk’s duties (2.09) 5151 Alley vacation (Special) 5152 Bond issuance (Special) 5153 Amends 2011 budget (Special) 5154 Amends §§ 2.62.045, 7.06.010, 9.92.020, 11.12.120 and 13.10.090, code reference corrections; repeals § 13.10.100 (2.62, 7.06, 9.92, 11.12, 13.10) 5155 Moratorium on methadone treatment facilities (Special) 5156 Amends § 3.12.060, authorized expenditures from arts fund (3.12) 5157 Authorizes termination of development agreement (Special) 5158 Amends Ch. 5.16, temporary merchants, peddlers and mobile food vendors (5.16) 5159 Moratorium on medical marijuana collective gardens (Special) 5160 (Number not used) 5161 Alley vacation (Special) 5162 Council districts; repeals Ord. 4812 (Repealed by 5179) 5163 Repeals Ch. 3.56, fiscal and cremation agent (Repealer) 5164 Adds § 18.02.175, fire code violation fines (18.02) 5165 Adds § 9A.44.110, lasers (9A.44) 5166 Amends § 13.04.140, liquor in city parks (13.04) 5167 Suspends One Percent for the Arts Program (Repealed by 5270) 5168 2012 tax levy (Special) 5169 Amends § 3.82.020, commercial parking tax (3.82) 5170 Amends § 3.50.050, utility taxes (3.50) 5171 Adds Ch. 11.18, addressing (11.18) 5172 Amends rates and fees for the department of public works and utilities (Not codified) 5173 Adopts 2012 budget (Special) 5174 Amends §§ 10.10.140, 10.11.010, 10.11.050 and 10.11.060, parking zones (Repealed by 5206) 5175 Amends 2011 budget (Special) 5176 (Renumbered) Number Subject Tables-9 (Revised 1/17) 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) 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 (Repealed by 5301) 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 (Repealed by 5299) 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) 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) 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, Number Subject (Revised 1/17)Tables-10 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, 20.70, 20.82, 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 (Repealed by 5289) 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 (Repealed by 5299) 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 (Repealed by 5301) 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 (Repealed by 5301) 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 (Repealed by 5276) 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) 5251 Amends §§ 20.70.020, 20.70.060 and 20.70.090; rezones properties and amends zoning map, district center core (DCC) (20.70) 5252 Amends Ch. 2.18, audit committee and city auditor (Repealed by 5311) 5253 Amends § 7.10.010, animal impoundment and quarantine (7.10) 5254 Adds Ch. 5.12, taxicabs (5.12) 5255 Bonds issuance (Special) 5256 Alley vacation (Special) 5257 Street vacation (Special) 5258 Street vacation (Special) 5259 Street vacation (Special) 5260 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5302) 5261 Amends §§ 20.12.060, 20.12.090 and 20.12.140, land division (20.12) 5262 Adds §§ 9A.44.110, 9A.44.120, 9A.44.130 and 9A.44.140; amends and renumbers § 9A.44.110 as 9A.44.100; repeals § 9A.44.100, public disturbances (9A.44) 5263 Amends §§ 20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52) 5264 2015 tax levy (Special) 5265 Amends Ord. 5228, rates and fees for department of public works and utilities (Not codified) Number Subject Tables-11 (Revised 1/17) 5266 Adopts 2015 budget (Special) 5267 Amends 2014 budget (Special) 5268 Amends wastewater comprehensive plan (Special) 5269 Amends Ch. 5.06, rental property registration (5.06) 5270 Amends Ch. 2.32; repeals Ord. 5167, arts commission (2.32) 5271 Cascade natural gas franchise (Special) 5272 Alley vacation (Special) 5273 Adds Ch. 3.32, self-in sured health and welfare reserve fund (3.32) 5274 Amends § 13.04.140, liquor in city parks (13.04) 5275 Amends § 15.02.130, backflow and cross-connection control and inspection (15.02) 5276 Repeals and replaces Ch. 11.08; repeals Ch. 11.10, sidewalk and street frontage (11.08) 5277 Amends 2015 budget (Special) 5278 Adds § 2.19.040, warrant officers (2.19) 5279 Amends and recodifies Ch. 2.100 as Ch. 2.40, public access citizens advisory committee (2.40) 5280 Amends Ch. 3.36, contingency reserve fund (3.36) 5281 Bonds issuance (Special) 5282 (Number not used) 5283 Amends Ch. 7.05, prohibited animals (7.05) 5284 Amends Ch. 9.48, fireworks (9.48) 5285 Street vacation (Special) 5286 Amends § 10.04.034, inattention to driving (10.04) 5287 Amends Ords. 4875 and 5226, energy franchise (Special) 5288 Amends §§ 15.01.030 and 15.06.020 and rates and fees for department of public works and utilities, municipal utilities (15.01, 15.06) 5289 Amends § 3.50.050; repeals Ord. 5224, utility taxes (3.50) 5290 2016 tax levy (Special) 5291 Bonds issuance (Special) 5292 Adopts 2016 budget (Special) 5293 Amends 2015 budget (Special) 5294 Amends §§ 7.08.010 and 7.08.020, cat and dog licenses (7.08) 5295 Amends § 2.62.040, judges pro tempore, court commissioners, municipal court hearing examiner (2.62) 5296 Amends §§ 5.12.010, 5.12.170 and 5.12.190, taxicabs (5.12) 5297 Amends Ch. 11.25; assumes transportation benefit district (11.25) 5298 Amends § 15.06.030, water rates (15.06) 5299 Amends subarea plans; repeals and replaces comprehensive plan (Special) 5300 Amends shoreline master program (Not codified) 5301 Amends subarea plans, § 6.32.010 and Title 20, land use (6.32, 20.02, 20.04, 20.10, 20.12, 20.14, 20.16, 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.82, 20.86, 20.92, 20.94, 20.96, 20.97, 20.98) 5302 Adds Figures 3.78(c) through 3.78(g); amends §§3.78.020 and 3.78.050 and boundaries of the down- town regional center residential target area; repeals and replaces Figures 3.78(a) and 3.78(b), multifam- ily property tax exemption (3.78) 5303 Amends 2016 budget (Special) 5304 Adds § 17.04.050; amends §§ 17.04.020, 17.04.040, 17.04.080 and 17.04.110, building code (17.04) 5305 Bond issuance (Special) 5306 Amends § 15.03.040, wastewater service beyond city limits (15.03) 5307 Amends § 3.50.050, utility taxes (3.50) 5308 Amends §§ 11.02.040, 11.12.080, 11.12.090 and 11.12.110, streets and rights-of-way (11.02, 11.12) 5309 Amends Ch. 13.10, municipal trees (13.10) 5310 Amends § 15.01.020, Ch. 15.04 and § 15.06.050, municipal utilities (15.01, 15.04, 15.06) Number Subject (Revised 1/17)Tables-12 5311 Repeals and replaces Ch. 2.18, audit committee and city auditor (2.18) 5312 Amends § 20.42.040 and Ch. 20.52, sign standards (20.42, 20.52) 5313 2017 tax levy (Special) 5314 Amends Ord. 5288, rates and fees for department of public works and utilities (Not codified) 5315 Adopts 2017 budget (Special) 5316 Amends 2016 budget (Special)