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
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This supplement includes all legislation passed up to and including Ordinance 5316, passed December 21,
2016.
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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)