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HomeMy WebLinkAbout28 bremerton1019_supp28SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 28 – October 2019 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 5378, passed October 2, 2019. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: https://www.codepublishing.com/WA/Bremerton/ Remove these pages Insert these pages Title 2 2.03-1 ....................................................................... 2.03-1 Title 5 Table of Contents .................................. Table of Contents — ............................................................... 5.14-1 – 5.14-2 Title 6 Table of Contents .................................. Table of Contents — ............................................................... 6.20-1 – 6.20-2 Title 13 13.04-1 – 13.04-3 .................................. 13.04-1 – 13.04-3 Title 15 15.01-1 – 15.01-11 .............................. 15.01-1 – 15.01-11 15.02-1 – 15.02-5 .................................. 15.02-1 – 15.02-6 15.03-1 – 15.03-6 .................................. 15.03-1 – 15.03-7 15.04-1 – 15.04-7 .................................. 15.04-1 – 15.04-7 15.05-1 – 15.05-4 .................................. 15.05-1 – 15.05-4 15.06-1 – 15.06-2.1 ............................... 15.06-1 – 15.06-2 15.07-1 – 15.07-3 .................................. 15.07-1 – 15.07-3 15.08-1 ................................................................... 15.08-1 Title 20 20.42-5 – 20.42-6 ............................... 20.42-5 – 20.42-6.1 20.42-11 – 20.42-12 .......................... 20.42-11 – 20.42-12 20.86-1 – 20.86-2 .................................. 20.86-1 – 20.86-2 20.94-1 – 20.94-2 .................................. 20.94-1 – 20.94-2 Tables 13 .................................................................................... 13 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 10/19) Updated by: _______ Dated: ____________ 2.03-1 (Revised 10/19) Chapter 2.03 MAYOR Sections: 2.03.010 COMPENSATION. 2.03.010 COMPENSATION. Beginning January 1, 2020, the Mayor of the City shall receive a base salary of one hundred fourteen thou- sand dollars ($114,000) per year plus benefits, exclud- ing annual cost of living increases, as provided to the management and professional employees of the City pursuant to Chapter 2.50 BMC. Beginning in year 2023, and every four (4) years thereafter, a salary survey shall be conducted on the Mayor’s salary. Any increase to the base salary shall become effective at the beginning of the next calendar year and any decrease to the base sal- ary shall be effective at the beginning of the Mayor’s next term of office. Any adjustment to the base salary shall be by ordinance. (Ord. 5378 §1, 2019: Ord. 5198 §1, 2012: Ord. 4864 §2, 2003) (Revised 10/19) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.02 GENERAL BUSINESS LICENSES 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES 5.06 RENTAL PROPERTY REGISTRATION 5.08 STREET VENDORS 5.12 TAXICABS 5.14 MASSAGE AND REFLEXOLOGY BUSINESSES 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.17 CHARITABLE SOLICITATION 5.22 PUBLIC DANCES 5.36 SPECIAL EVENTS 5.88 BURGLAR ALARMS 5.96 EROTIC DANCE STUDIOS 5.14-1 (Revised 10/19) Chapter 5.14 MASSAGE AND REFLEXOLOGY BUSINESSES Sections: 5.14.010 TITLE AND PURPOSE. 5.14.020 DEFINITIONS. 5.14.030 GENERAL BUSINESS LICENSE REQUIRED. 5.14.040 LICENSURE OR CERTIFICATION REQUIRED. 5.14.050 MASSAGE OR REFLOEXOLOGY BUSINESS OWNER OR MANAGER TO ENSURE VALID LICENSE OR CERTIFICATION - VIOLATION. 5.14.060 DISPLAY OF LICENSE OR CERTIFICATION. 5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL. 5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION. 5.14.090 DENIAL, SUSPENSION AND REVOCATION - PROCEDURE. 5.14.100 ADDITIONAL ENFORCEMENT. 5.14.010 TITLE AND PURPOSE. The City of Bremerton ("City") recognizes the health and wellness benefits of massage and reflexol- ogy, and that massage and reflexology businesses in the City serve a legitimate and beneficial purpose in the community. The City also recognizes that there are some busi- nesses that hold themselves out as massage or reflexol- ogy businesses, but employ unlicensed persons to provide massage or reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or cer- tification. In addition, these businesses that employ unli- censed or uncertified persons to provide massage and reflexology are frequently used to facilitate the commis- sion of various criminal acts, including but not limited to prostitution. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and therapists, and present a threat to the public health, safety, and welfare. This chapter is intended to inhibit the ability of an individual or business to engage in the practice of pro- viding unlicensed massage and uncertified reflexology, support the legitimate provision of these services by licensed massage therapists and certified reflexologists, enable consumers to more easily identify licensed mas- sage therapists and certified reflexologists, and regulate massage and reflexology businesses in the best interests of the community. (Ord. 5373 §1 (part), 2019) 5.14.020 DEFINITIONS. For purposes of this chapter, "certified reflexolo- gist," "massage," "massage therapy," "massage busi- ness," "massage therapist," "reflexology," and "reflexology business" shall have the meanings set forth in RCW 18.108.010, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. (Ord. 5373 §1 (part), 2019) 5.14.030 GENERAL BUSINESS LICENSE REQUIRED. It is unlawful to conduct, operate or maintain a mas- sage or reflexology business as an owner or manager without first applying for, receiving and possessing a general business license pursuant to Chapter 5.02 BMC. (Ord. 5373 §1 (part), 2019) 5.14.040 LICENSURE OR CERTIFICATION REQUIRED. It shall be unlawful for any person to practice or represent himself or herself as a massage therapist or reflexologist in the City without first applying for and receiving a license or certification to practice from the State Department of Health pursuant to RCW 18.108.030, adopted and incorporated herein by this ref- erence, as currently enacted and hereinafter amended. Failure to have a license or certification as required by this section shall be a misdemeanor. (Ord. 5373 §1 (part), 2019) 5.14.050 MASSAGE OR REFLOEXOLOGY BUSINESS OWNER OR MANAGER TO ENSURE VALID LICENSE OR CERTIFICATION - VIOLATION. Any person who with knowledge or criminal negli- gence allows or permits the unlicensed practice of mas- sage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor. (Ord. 5373 §1 (part), 2019) (Revised 10/19)5.14-2 5.14.060 DISPLAY OF LICENSE OR CERTIFICATION. A licensed massage therapist or a certified reflexol- ogist must conspicuously display their credential in their principal place of business in accordance with RCW 18.108.045, adopted and incorporated herein by this ref- erence, as currently enacted and hereinafter amended. If the licensed massage therapist or certified reflexologist does not have a principal place of business or conducts business in any other location, they must have a copy of their credential available for inspection to persons receiving massage or reflexology services or to a City law enforcement officer upon request while performing services within their authorized scope of practice. (Ord. 5373 §1 (part), 2019) 5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL. To the extent authorized by RCW 18.108.190, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended, City law enforcement personnel shall have the authority to inspect the premises of any business where massages or reflexology services are provided. (Ord. 5373 §1 (part), 2019) 5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION. If a City official or City law enforcement officer has cause to believe that a massage license or reflexology certification is fraudulent, expired or not issued to a per- son who represents it to be their license or certification, the City official or City law enforcement officer may require verification of the license or certification. Veri- fication includes, but is not limited to, a comparison of the license or certification with a government issued identification bearing the photograph and date of birth of the license or certification holder. (Ord. 5373 §1 (part), 2019) 5.14.090 DENIAL, SUSPENSION AND REVOCATION - PROCEDURE. Any application for the issuance or renewal of a general business license issued under this chapter may be denied, or any license issued under this chapter may be suspended or revoked, based on one or more viola- tions of the provisions of this chapter or BMC 5.02.170. The procedures for denial, revocation, and appeal are set forth in BMC 5.02.180. (Ord. 5373 §1 (part), 2019) 5.14.100 ADDITIONAL ENFORCEMENT. Notwithstanding the existence or use of any other remedy, the City may seek legal or equitable relief to enjoin any acts or practices which constitute or will con- stitute a violation of any provisions of this chapter. (Ord. 5373 §1 (part), 2019) (Revised 10/19) Title 6 HEALTH AND SANITATION Chapters: 6.02 PUBLIC NUISANCES 6.04 GARBAGE AND REFUSE 6.06 JUNK VEHICLES 6.08 NUISANCE VEGETATION 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE 6.11 VACANT COMMERCIAL BUILDING REGISTRATION 6.12 UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES 6.20 CARRYOUT BAGS 6.28 UNIFORM LITTER CONTROL CODE 6.32 NOISE LEVELS 6.20-1 (Revised 10/19) Chapter 6.20 CARRYOUT BAGS1 Sections: 6.20.010 DEFINITIONS. 6.20.020 REGULATIONS. 6.20.030 EXEMPTIONS. 6.20.040 VIOLATIONS. 6.20.010 DEFINITIONS. The following definitions shall apply in the inter- pretation and enforcement of the ordinance codified in this chapter: (a) "Compostable" means that the product will break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate composting facility, or in a home compost pile or device, and has been certified as compostable by the Biodegradable Products Institute or similar national or international certification authority. (b) "Carryout bag" means any bag that is provided by a retail establishment at the check stand, cash regis- ter, point of sale or other point of departure to a cus- tomer for use to transport or carry away purchases such as merchandise, goods or food from the retail establish- ment. "Carryout bags" do not include: (1) Bags used by consumers inside stores to package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards or small hardware items such as nails, bolts or screws; to contain or wrap frozen foods, meat or fish regardless of whether they are pre- packaged; to contain or wrap flowers, potted plants or other items where dampness may be a problem; to con- tain unwrapped prepared foods or bakery goods; or to contain prescription drugs; or (2) A bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag, such as prepared take-out foods or prepared liquids intended for consumption away from the retail estab- lishment; or (3) Newspaper bags, door-hanger bags, tire bags, laundry-dry cleaning bags or bags sold in pack- ages containing multiple bags for uses such as food stor- age, garbage, pet waste or yard waste; or (4) Paper bags with a capacity of eight (8) pounds or less, that contain at least twenty (20) percent postconsumer recycled material. (c) "Recycled paper carryout bag" means a paper carryout bag provided by a store to a customer at the point-of-sale that meets all of the following require- ments: (1) Has a material weight of larger than eight (8) pounds and contains an average of forty (40) percent postconsumer recycled materials; (2) Is accepted for recycling in curbside pro- grams in a majority of households that have access to curbside recycling programs in the City; (3) Is capable of composting in a commercial composting facility; and (4) Is clearly labeled with the minimum per- centage of postconsumer content. (d) "Retail establishment" means any person, cor- poration, partnership, business, facility, vender, organi- zation or individual that sells or provides food, merchandise, goods, or materials, directly to a customer including home delivery, temporary stores, or vendors at farmers markets, street fairs, and festivals. (e) "Reusable carryout bag" means a bag made of cloth or other material with handles that is specifically designed and manufactured for long-term multiple reuse and meets all of the following requirements: (1) Has a minimum lifetime of one hundred twenty-five (125) uses, which for purposes of this sub- section, means the capacity of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at least one hundred seventy- five (175) feet; (2) Is machine washable or made from a mate- rial that can be cleaned or disinfected; and (3) If made of film plastic, is a minimum of at least two and one-quarter (2.25) mils thick. (f) "Single-use plastic carryout bag" means any bag that is less than two and one-quarter (2.25) mils thick and is made from plastic or any nonrenewable resource. (g) "Pass-through charge" means a charge col- lected by retailers from their customers when providing plastic or recycled paper carryout bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge. (Ord. 5368 §2 (part), 2019) 6.20.020 REGULATIONS. Except as provided by BMC 6.20.030, all retail establishments within the City must comply with the following regulations: (a) Plastic Carryout Bags. (1) Single-Use Plastic Carryout Bags. Retail establishments shall not provide a single-use plastic car- ryout bag to any customer. (2) Reusable Plastic Carryout Bags. Retail establishments may provide to any customer at the point-of-sale a reusable plastic carryout bag as defined 1 Code reviser’s note: The provisions of this chapter go into effect on January 1, 2020. (Revised 10/19)6.20-2 in BMC 6.20.010(e)(3). For each reusable plastic carry- out bag provided by the retail establishment, it shall col- lect a pass-through charge of not less than eight cents ($0.08) and such shall be clearly indicated on the cus- tomer transaction receipt. (b) Paper Carryout Bags. Retail establishments shall not provide to any customer at the point-of-sale a paper bag that is not a recycled paper carryout bag as defined in BMC 6.20.010(c). For each recycled paper carryout bag provided by the retail establishment, it shall collect a pass-through charge of not less than eight cents ($0.08) and such shall be clearly indicated on the customer transaction receipt. (c) Reusable Carryout Bags. Retail establishments may make reusable carryout bags available to customers through sale. (d) Noncarryout Bags. (1) Noncompostable Plastic Bags. Retail establishments shall not use or provide to any customer polyethylene or other noncompostable plastic film bags tinted green or brown for customers to bag products in stores. (2) Compostable Plastic Bags. Any film bags meeting the definition of compostable that retail estab- lishments provide to customers for food or other prod- ucts, such as vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly labeled "COMPOSTABLE," including language following the Federal Trade Commission’s "Green Guides." (Ord. 5368 §2 (part), 2019) 6.20.030 EXEMPTIONS. No retail establishment may collect a pass-through charge from anyone with a voucher or electronic bene- fits card issued under programs including, but not lim- ited to, Women Infants and Children (WIC); Temporary Assistance to Needy Families (TANF); Federal Supple- mental Nutrition Assistance Program (SNAP), also known as Basic Food; and the Washington State Food Assistance Program (FAP). (Ord. 5368 §2 (part), 2019) 6.20.040 VIOLATIONS. In addition to any other violation set forth in this chapter, any violation of BMC 6.20.020 constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (Ord. 5368 §2 (part), 2019) 13.04-1 (Revised 10/19) Chapter 13.04 PARK CODE Sections: 13.04.010 TITLE. 13.04.020 DEFINITIONS. 13.04.030 SIGNS, BILLBOARDS, ETC. 13.04.040 DESTROYING PARK PROPERTY. 13.04.050 ANIMALS AT LARGE. 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. 13.04.070 TREATMENT OF ANIMALS AND BIRDS. 13.04.080 SOLICITING AND PEDDLING. 13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES. 13.04.110 GAMES AND SPORTS. 13.04.120 POLLUTING WATERS. 13.04.130 FIRES. 13.04.140 LIQUOR. 13.04.150 HOURS. 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. 13.04.170 PROCEEDING AGAINST VIOLATORS. 13.04.180 PENALTY FOR VIOLATIONS. 13.04.010 TITLE. This chapter shall be known and may be cited as the park code of the city of Bremerton. (Ord. 2191 §101, 1956) 13.04.020 DEFINITIONS. The following terms, phrases, words and their deri- vations will have the meaning given herein, unless inconsistent with the context. Words using the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive: (1) "Superintendent" is the person immediately in charge of all park areas and their activities, and to whom all park attendants of any area are responsible. (2) "Park" is a park, playground, beach, recreation center, or any other area in the city owned or used by the city and devoted to active or passive recreation. (3) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. (Ord. 2191 §102, 1956) 13.04.030 SIGNS, BILLBOARDS, ETC. It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; or with- out the written consent of the superintendent, to place or erect in any park, a structure of any kind; provided, that the superintendent may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2191 §103, 1956) 13.04.040 DESTROYING PARK PROPERTY. It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or other property lawfully in any park. (Ord. 2191 §104, 1956) 13.04.050 ANIMALS AT LARGE. It is unlawful to allow or permit any animal to run at large in any park, or enter any lake, pond, fountain or stream therein, except that unleashed dogs are allowed in designated dog park areas within the City of Bremer- ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105, 1956) 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except the superinten- dent may authorize archery, and the firing of small bore arms and fireworks at designated times and places suit- able for their use. (Ord. 5067 §1, 2008: Ord. 2191 §106, 1956) 13.04.070 TREATMENT OF ANIMALS AND BIRDS. It is unlawful in any manner to tease, annoy, dis- turb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl. (Ord. 2191 §107, 1956) 13.04.080 SOLICITING AND PEDDLING. No person shall solicit alms or contributions for any purpose, whether public or private, nor expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except the licensed concessionaire acting by and under the author- ity of the superintendent. (Ord. 2191 §108, 1956) (Revised 10/19)13.04-2 13.04.100 RIDING MOTOR VEHICLES, NON- MOTORIZED VEHICLES AND HORSES. (a) It is unlawful to ride or drive any bicycle, tricy- cle, skateboard, horse or pony over or through any park except within and upon the park drives, parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of fifteen (15) miles per hour, except as otherwise authorized by the Director of Parks and Recreation. (b) It is unlawful to park, ride or drive any motor- cycle or motor vehicle upon, over or through any park except within and upon park drives, parkways, park boulevards, rights-of-way or parking lots located within a park and designated for such use, except as otherwise authorized by the Director of Parks and Recreation. (Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191 §110, 1956) 13.04.110 GAMES AND SPORTS. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badmin- ton, or other games of like character or to hurl or propel any airborne or other missile except at places set apart for such purposes by the superintendent. (Ord. 2191 §111, 1956) 13.04.120 POLLUTING WATERS. No person in a park shall throw, discharge, or oth- erwise place or cause to be placed in the waters of any fountain, pond, bay or other body of water in or adjacent to any park or storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. No person in a park shall have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left any- where on the grounds thereof, but shall be placed in the proper receptacles where they are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 2191 §112, 1956) 13.04.130 FIRES. It is unlawful to build any fires in any park except in areas designated by the superintendent. (Ord. 2191 §113, 1956) 13.04.140 LIQUOR. It is unlawful to serve or consume, within any City park, any liquor as defined in RCW 66.04.010(25), as enacted and hereinafter amended, except the service and consumption of liquor are authorized in the following circumstances: (a) The service and consumption of liquor in des- ignated City parks as authorized in subsections (b) though (g) of this section are: (1) Permitted by the Washington State Liquor and Cannabis Board; and (2) Such service and consumption of liquor is limited to beer and wine. (b) Within Pendergast Regional Park, Evergreen Rotary Park, Lions Park, Harborside Fountain Park and the Louis Mentor Boardwalk when: (1) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council. (c) Within the boundaries of the Harborside Foun- tain Park and the Louis Mentor Boardwalk when: (1) Such service of liquor is administered by the operator of the Kitsap Conference Center at Bremer- ton Harborside, as permitted by the City’s Director of Parks and Recreation, or designee, subject to terms and conditions as established by the Director. (d) Within the mezzanine food service area of the Olympic Soccer and Sports Center ("Indoor Soccer Center") located within Pendergast Regional Park when: (1) Such service of liquor is administered by the operator of the Indoor Soccer Center. (e) Within the building of the Bremerton Ice Arena facility ("Ice Arena") located within Eastpark when: (1) Such service of liquor is administered by the operator of the Ice Arena; (2) Such service and consumption, when in the viewing stands area, is limited to private events, not public events; however, service and consumption of liquor are prohibited on the field of play; and (3) Required approval has been granted by the National Parks Service, on behalf of the Secretary of the Interior, pursuant to the deed conveying the property to the City. (f) Sampling of beer and wine and sales of beer and wine within the boundaries of a farmer’s market licensed or permitted area located within Evergreen Rotary Park when: (1) Authorized by the City Council upon terms and conditions as established by the City Council; and (2) Such services comply with the require- ments of RCW 66.24.170, 66.24.175, 66.24.240, and 66.24.244 and other related statutory or regulatory 13.04-3 (Revised 10/19) requirements, as currently enacted or hereinafter amended; and (3) The sampling area is located within a forty-eight (48) inch high barrier or other designated booth or stall, the location and aesthetics of which are subject to approval by the Director of Parks and Recre- ation. (g) Within the boundaries of Otto Jarstad Park, which is City utility property maintained by the Depart- ment of Public Works and Utilities, when: (1) Permitted by the City’s Director of Public Works and Utilities, or designee, as a private, not a pub- lic event, subject to terms and conditions as established by the Director; or (2) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council. For purposes of this section, the authorized service and consumption of liquor include any related sale of liquor. "Private event" means events, such as weddings and birthday parties, authorized for use of specific space within a park by private groups pursuant to a permit or rental agreement. (Ord. 5370 §1, 2019: Ord. 5329 §1, 2017: Ord. 5274 §1, 2015: Ord. 5183 §1, 2012: Ord. 5166 §1, 2011: Ord. 5060 §1, 2008: Ord. 5005 §3, 2007: Ord. 2191 §114, 1956) 13.04.150 HOURS. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for pub- lic information. Any section or part of any park may be declared closed to the public by the superintendent at any time and for any interval of time, either temporarily or at regular and intervals (daily or otherwise) and either entirely or merely to certain uses, as the superintendent shall find reasonably necessary. (Ord. 2191 §115, 1956) 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. It is unlawful to violate or fail to comply with any park rule or regulation duly posted by the superinten- dent, and the superintendent or any park attendant shall have the authority to eject from a park, any person act- ing in violation of this chapter. (Ord. 2191 §116, 1956) 13.04.170 PROCEEDING AGAINST VIOLATORS. Anyone concerned in the violation of this chapter, whether directly or indirectly committing the thing that constitutes the offense, or who aids or abets the same, and whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 2191 §117, 1956) 13.04.180 PENALTY FOR VIOLATIONS. Violation of or failure to comply with the provi- sions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of Chapter 1.12 BMC. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2191 §118, 1956) 15.01-1 (Revised 10/19) 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. 5376 §1 (in part), 2019: 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. 5376 §1 (in part), 2019: 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 an active water meter in place and/or active rate codes as applicable. "Active water service" shall mean that the service line at the location is functional. "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 and WAC 173-218-030. "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 in the reverse direction, or flow of mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to prevent back siphonage or flow in the reverse direc- tion. "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 (Revised 10/19)15.01-2 15.01.020 behind it from erosion by waves and tidal action of the sea. (c) Definitions "C": "Capital costs" shall mean the total costs of physi- cal system improvements (exclusive of repair and replacement costs covered under operation and mainte- nance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of-way, debt service, and other costs associated with such improvements. "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 two hundred one (201) to four hundred (400) 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 four hundred one (401) to six hundred (600) mg/L. "Commercial IV" shall mean any user whose busi- ness or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from six hundred one (601) to eight hundred (800) mg/L. "Commercial V" shall mean any user whose busi- ness or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from eight hundred one (801) to one thousand (1,000) mg/L. "Commercial VI" shall mean any user whose busi- ness or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand one (1,001) to one thousand two hundred (1,200) mg/L. "Commercial VII" shall mean any user whose busi- ness or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L. "Commercial account with high conductivity" shall mean an account that discharges conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceed- ing five (5) minutes three (3) times during any thirty (30) day period. The account will be billed the commer- cial special rate as published in the City of Bremerton utility rates and fee schedule. "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 lain 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 and the num- ber of residential units. "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 one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>) 6.0 mS/cm. These users will be charged for wastewater services on the basis of their specific dis- charge, which provides equitable recovery of the City’s cost of conveying, owning, operating, and maintaining the wastewater treatment 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. "Conductivity" shall mean the measurement of electrical conductivity as an indicator of water quality. Conductivity data can determine concentration of solu- tions, detect contaminants and determine the purity of water. A conductivity sensor measures conductivity by AC voltage applied to nickel electrodes. These elec- trodes are placed in a water sample (or other liquid), where the current flows through the electrodes and the sample. Current level has a direct relationship with the conductivity of the solution. The basic unit of conduc- tivity is the Siemens (S), sometimes referred to as mho. Since cell geometry affects conductivity values, stan- dardized measurements are expressed in specific con- ductivity units (S/cm) to compensate for variations in electrode dimensions. Conductivity measurements, 15.01-3 (Revised 10/19) Bremerton Municipal Code 15.01.020 along with temperature, also allow for salinity values to be calculated through algorithms. "Connection fee" shall mean charges made for con- nection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the phys- ical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreim- bursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydrauli- cally sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwa- ter runoff devices or other entirely artificial water- courses unless they are used to store and/or convey pass- through stream flows naturally occurring prior to con- struction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby the City water system is con- nected, directly or indirectly, with any other water sup- ply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which con- tains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrange- ments, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. (d) Definitions "D": "Deactivated meters" shall mean utility accounts where the customer requests the water meter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater. "Degradation" shall mean deterioration of an area including, but not limited to, impacts such as sedimen- tation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities, unless otherwise identified. "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, unless otherwise identi- fied. "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 (1) 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 (Revised 10/19)15.01-4 15.01.020 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 and wastewater service based on the addition in number of services or increase in size in water meter(s) serving the customer or the increase in stormwater ser- vice based on impervious/hard surface units. "Extended main" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director. (f) Definitions "F": "Fats, oils and greases" means organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These sub- stances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal 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 two hundred fifty (250) 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. 15.01-5 (Revised 10/19) Bremerton Municipal Code 15.01.020 "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 covers 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. "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. "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 (Revised 10/19)15.01-6 15.01.020 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 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 service. "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- mittee’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 15.01-7 (Revised 10/19) Bremerton Municipal Code 15.01.020 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). "Pre-treatment" shall mean any physical, chemical or biological process to remove, neutralize or modify one (1) or more constituents of a waste stream prior to discharge into the public sewers. Pre-treatment may be required to prevent deposition or adherence of substance within the public sewers; to eliminate hazardous expo- sures of maintenance crews or the public to toxic, nox- ious or flammable substances; to prevent cumulative or shock loadings that might interfere with the normal per- formance of treatment processes; to remove substances that are present in sufficient concentration to interfere with the advantageous use of treated sewage sludge as an agricultural fertilizer or soil amendment. "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. "Reimbursement agreement" shall mean an agree- ment entered into between the installer of a utility facil- ity and the City 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. "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. "Service line" shall mean a water service line con- structed between the water main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards. "Sewer lateral" shall mean a sanitary sewer con- structed between the sanitary sewer main and the right- of-way or easement line in accordance with current Engineering Design and Construction Standards. "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. "Single-metered building" shall mean a building with more than one unit where the utility account is measured through a single water meter and provides ser- vice to all units and/or common areas. "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 (Revised 10/19)15.01-8 15.01.020 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. "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) Definitions "V": "Verified strength" shall mean any wastewater dis- charge that exceeds the strength limits of the Commer- cial I through VII classes as defined in this section, or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (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 15.01-9 (Revised 10/19) Bremerton Municipal Code 15.01.060 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. 5376 §1 (in part), 2019: Ord. 5321 §1, 2017: 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 general facility charges (GFCs) and installation and inspection fees for the utility services, as herein provided, prior to making any water, sewer, or storm service connection. The building permit will not be issued until all of the appli- cable City fees are paid. Any request for deferment shall be in accordance with Chapter 15.06 BMC. (c) The utility service agreement and/or the utility billing owner/tenant change form for service shall con- stitute a contract between the applicant and the City in which the applicant agrees to pay for service provided at the rate and in the manner specified. (d) The agreement shall be effective at the time it is signed by the Director and charges for service to the premises shall be assessed from date of connection. (e) Customers may request written quotes from the City 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 calendar year, whichever is sooner. (f) A customer can request in writing a refund of their utility service agreement stating the reason for the request. When the request is received the Director will prorate the amount of refund based on the work per- formed to date, including consideration of any payments made to third parties in reliance on the utility service agreement. (Ord. 5376 §1 (in part), 2019: 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 City shall, as a condition of pro- viding utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the City or other appropri- ate agency to enforce any of the provisions of local, state, or federal laws, or any regulation adopted hereun- der. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the City 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 City reserves the right to temporarily discontinue service 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 City have inspected the plumb- ing and appliances shall not constitute a basis of recov- ery. Damages to premises resulting from the utility system having been interrupted or failed shall not con- stitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obli- gations of his contract. (Ord. 5376 §1 (in part), 2019: 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 City may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility ser- vice. Such services shall be through a wholesale con- tract, under such terms and conditions as shall be deemed fair and equitable by the City and approved by the City Council. (Ord. 5376 §1 (in part), 2019: 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 City of false information in an application for a utility service or adjustment 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 information. (Revised 10/19)15.01-10 15.01.070 (Ord. 5376 §1 (in part), 2019: 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 City to construct public system improvements. The City shall review the petition, and, subject to the utility system plan and engineering and economic feasibility, authorize construction of improvements. When completed and accepted by the City in writing, and upon receiving final payment, the improvements shall become part of the utility’s system and shall be conveyed to the City by deed of conveyance prior to service. (Ord. 5376 §1 (in part), 2019: 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. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. The subsequent connection to the system improve- ments by the property owner shall be subject to applica- ble fees for service to include general facility charges, connection fees, and any other applicable fees estab- lished under this title. (Ord. 5376 §1 (in part), 2019: 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 City for all proj- ects, 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 City under the terms of a public utilities construction agreement; the opening, alteration, repair, or replace- ment 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 City with fees established by the assessment, rates, fees, and charges set forth in Chapter 15.06 BMC. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.01.100 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT AGREEMENTS. (a) The City may enter into reimbursement agree- ments with property owners responsible for the installa- tion of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time. Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the public utilities construction agreement. Specific provisions of reimbursement shall be included in the reimbursement agreement. The City shall deter- mine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the public utilities construction agreement. (b) Reimbursements will be added to the City’s permitting and licensing computer system. (c) Reimbursement from each benefiting property owner shall be determined by the City as stipulated in the system improvement agreement. Cost recovery pay- ments by properties benefiting from connections to developer extensions shall be collected by the City. (d) Reimbursement to the property owner con- structing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improve- ment. The City shall retain fifteen percent (15%) of the cost recovery payments for maintaining records and administration of the program and forward the remain- 15.01-11 (Revised 10/19) Bremerton Municipal Code 15.01.130 der of the payment to the property owner who originally constructed the water, wastewater, or stormwater sys- tem improvement. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4909 §4, 2004; Ord. 4512 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991. Formerly 15.01.090) 15.01.110 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS. (a) The Engineering Design and Construction Standards are those as defined and developed by the Department and approved by the Director. (b) An applicant may request a deviation pursuant to BMC 11.12.080(b). (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.01.120 BONDING. The City shall require a performance bond/deposit and warranty bond/deposit for all utility work in accor- dance with BMC 11.02.220. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.01.130 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administra- tion and enforcement of the provisions of this title. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the City. (b) Request the assistance of other City depart- ments to administer and enforce this code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or mainte- nance assurance surety when authorized by a provision of this chapter. (e) Act as final authority for requests for variance from requirements of this title. (f) Amend, interpret, and allow deviations from the Engineering and Design Construction Standards when the Director finds that said reasons are in the best interest of the community. The Director is further autho- rized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering and Design Construction Standards shall be consistent with this code and adopted City policies. Modifications to or deviations from adopted Engineer- ing Design and Construction Standards must be sup- ported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.02-1 (Revised 10/19) Bremerton Municipal Code 15.02.040 Chapter 15.02 WATER Sections: 15.02.010 PURPOSE. 15.02.020 WATER SYSTEM PLAN. 15.02.030 SERVICE AVAILABILITY. 15.02.040 SERVICE BEYOND CITY LIMITS. 15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. 15.02.060 ABANDONMENT OF PRIVATE SYSTEMS. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. 15.02.080 HYDRANTS. 15.02.090 FIRE SERVICE AND IRRIGATION METERING. 15.02.100 SERVICE CONNECTIONS. 15.02.110 CONNECTION SIZE. 15.02.120 METERS. 15.02.130 BACKFLOW/CROSS- CONNECTION CONTROL AND INSPECTION. 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. 15.02.145 PROHIBITING FLUORIDATION. 15.02.150 INTERRUPTION OF SERVICE - EMERGENCY. 15.02.155 WATER SHORTAGE RESPONSE. 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. 15.02.180 METER OPERATION AND MAINTENANCE. 15.02.190 EXCESSIVE CONSUMPTION. 15.02.200 WASTE. 15.02.210 PROHIBITED ACTS. 15.02.220 VIOLATION - PENALTY. 15.02.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.02.020 WATER SYSTEM PLAN. A water system plan shall be developed by the City as required by WAC 246-290-100. The plan shall be approved by the Mayor, adopted by the City Council, and administered by the Director. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the water service area defined in the water system plan and is adjacent to the water system; and further provided that: (a) The water system has the capacity and facili- ties to accommodate the additional demand, or the prop- erty is part of a water system local improvement district or utility local improvement district and has been assessed for water improvements. (b) The connection is consistent with the water system plan. (c) The connection is approved and permitted by the City. (d) The connection is in compliance with applica- ble federal, state, and local rules, regulations and codes. Any customer or potential customer within the water service area and not adjacent to the water system may be connected to the water system subject to meet- ing the above requirements and establishing a local improvement district, utility local improvement district, or entering into a public utilities construction agreement with the City for system extension and/or improvements of the water system for service to the premises. For the purposes of this section "adjacent" shall mean water extended to and though the frontage or to and through the property to potential adjacent development. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.040 SERVICE BEYOND CITY LIMITS. Property that is outside existing City limits shall be permitted water service only upon entering into an out- side utility agreement with the City providing for: (a) Granting to the City of Bremerton a limited power of attorney to include owner’s consent to annex- ation of the property as part of any notice of intent or petition for annexation presented to the City of Bremer- ton; (b) Consistency with any proposed extraterritorial comprehensive land use plan and development stan- dards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City ordinances and policies for new development; (d) Consistency with the adopted City water sys- tem plan and Engineering Design and Construction (Revised 10/19)15.02-2 15.02.050 Standards for new developments. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All water mains and appurtenances shall be installed by the City or a contractor licensed in accor- dance with the provisions of this chapter in compliance with the Engineering Design and Construction Stan- dards, and local, state and federal regulations. All water system extensions shall be installed from the existing water main to the proposed development and along the entire frontage of the premises of the development to be served. No connection shall be made to new water mains until all acceptance documentation has been received and approved by the City. Required documentation includes record drawings, deeds of conveyance, ease- ment(s) and any warranty bond(s). The City may, at its option, require installation of water mains larger than the minimum sizes specified in the Engineering Design and Construction Standards to provide for adequate future capacity within the water system. The City may authorize the entering into a cost sharing agreement to contribute to the cost for larger mains or other improvements based upon the water sys- tem plan. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.060 ABANDONMENT OF PRIVATE SYSTEMS. Upon completion of a new water main, owners of premises adjacent to or within two hundred fifty (250) feet of the main, who are being supplied with City water service through a private system or have a connection to a private service, shall make application for a new utility service agreement and shall install a separate service connection to the main. Service to the private main shall be discontinued ninety (90) days following completion of the new main. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an eleva- tion that it cannot be assured of adequate pressure, the owner may, at the owner’s expense, install a pump or pump system to furnish supply pressure, which shall be approved by the City. The City approval shall be based on the protection of the safety and integrity of the water system and not on the adequacy of the private system’s design for its intended use. The auxiliary system shall be separated from the meter box and remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding eighty (80) psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall be separated from the meter box and remain the property of the prop- erty owner who will be solely responsible for its main- tenance and operation. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.080 HYDRANTS. All fire hydrants shall be installed by the City or a licensed contractor in compliance with the Engineering Design and Construction Standards. No person other than properly authorized employees or agents of the City shall operate fire hydrants. Location and configura- tion shall be reviewed by the local fire marshal and Bremerton Fire Marshal. All fire hydrants situated on private property for public use and to be maintained by the City will require access at all times for operation and maintenance and the dedication of an easement to the City prior to acceptance by the City. All fire hydrants located on private property for private use shall be con- nected to the utility system by a double check valve assembly or a reduced pressure backflow assembly. Such hydrants shall not be maintained by the City and shall be the sole responsibility of the property owner. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.090 FIRE SERVICE AND IRRIGATION METERING. (a) Except as provided for in BMC 18.02.170, all fire service lines shall have separate service lines and separate meters. If the existing service to the property does not meet the correct flow requirement, the cost to install the correct size will be assessed and paid to the City before work is completed. All new and existing automatic or manual fire sprinkler (wet and combination standpipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter as required on non- metered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system. (b) All commercial or industrial sites shall have separate metered service for irrigation if irrigation is part of the approved new development. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4958 §1, 2005: Ord. 4309 §2 (in part), 1991) 15.02-3 (Revised 10/19) Bremerton Municipal Code 15.02.130 15.02.100 SERVICE CONNECTIONS. (a) All service connections shall be installed by the City in accordance with the Engineering Design and Construction Standards. The service connections shall be extended at right angles from the water system to the property line and installed within the right-of-way not to exceed forty (40) feet from the main. The water service line within the public right-of-way shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner. (b) Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the water system. (c) To service property which does not abut on a public right-of-way in which there is a water main, the City may install a connection to the most appropriate main. This connection shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the property owner’s expense. (d) Every parcel under separate ownership con- nected to the water system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel. However, these restric- tions shall not apply to existing services unless improve- ments are done to the parcel and the separate service and meter can be installed for twenty-five percent (25%) or less than the total improvement cost of the project or, in the judgment of the Director, such existing connection should be discontinued. (e) When a single parcel of land having more than one (1) residential structure served by a single water meter is subdivided, the installation of new water ser- vice(s) shall be required for the structures on the newly established lots. The expense for installation of the new service(s) will be to the owner that subdivided the prop- erty, and application for the service(s) will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including general facility charges. (f) When an existing structure is removed and a new structure is constructed on the same property or parcel, a new utility service agreement is required. Any existing water service line that does not meet current Engineering Design and Construction Standards and requirements shall be flow tested and approved by the Director for reuse. Any existing water service line deter- mined to be substandard must be replaced as directed by the Director at the owner’s expense. (g) In new and pre-existing water service connec- tions where one (1) water service serves more than one (1) premises, each and every building or trailer, when connected to one (1) meter, must be provided with a sep- arate shut-off valve. Shut-off valves shall be located so that each may be closed without disrupting water service to the remaining units. Each separate water service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner’s expense, within ninety (90) days of notice of defect. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be considered suffi- cient reason to deny any adjustment in the water bill in the event of leakage due to these causes. (h) The City may require or allow additional ser- vice connections when such additional service connec- tions are in the best interest of the utility. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.110 CONNECTION SIZE. The size of each water service and tap shall be determined in accordance with the latest version of the Uniform Plumbing Code and the American Water Works Association (AWWA) guidance on sizing water service lines and meters, except that standby fire-protec- tion services shall be sized based on fire-flow require- ments determined by the Fire Marshal. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.02.120 METERS. All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is discontinued, abandoned, or otherwise removed by the City. All meters shall be sized as deter- mined in accordance with the latest version of the Uni- form Plumbing Code and the AWWA guidance on sizing water service lines and meters, except that standby fire-protection services shall be sized based on fire-flow requirements determined by the Fire Marshal. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.130 BACKFLOW/CROSS- CONNECTION CONTROL AND INSPECTION. Service from the water system may be contingent upon the installation of an approved backflow preven- tion assembly for the protection of the water system from actual or potential cross connections. The City shall require annual testing and inspection of all backflow assemblies within its system to ensure proper function of assemblies and the level of protection is commensurate with the degree of actual or potential hazard to the water system. The City shall notify prop- erty owners in writing thirty (30) days prior to the due (Revised 10/19)15.02-4 15.02.140 date of their annual test/inspection. It shall be the responsibility of the property owner to provide the City a satisfactory test/inspection report completed by a Washington State certified backflow assembly tester within thirty (30) days of written notification. In the event the City does not receive a satisfactory test report within thirty (30) days of written notification, the City will contact a certified tester to test the assem- bly, and the cost of the test, any necessary repairs, and an administration fee will be added to the customer’s next utility bill. The customer may be assessed addi- tional charges to their bill to cover costs for time, expenses, and other related costs incurred by the City if reasonable access is not granted to the tester to test the assembly. The City shall inspect backflow assemblies for proper installation and protection commensurate with the degree of hazard, subject to a service fee. Any actual or potential cross connection, without the appropriate backflow protection, now in existence or hereafter discovered or created, shall be declared a pro- hibited act and shall be enforced accordingly. The elim- ination or protection from an actual or potential cross connection shall be in accordance with WAC 246-290- 490. Water service shall be discontinued to any property for failure to comply with the provisions of this portion of the code. (Ord. 5376 §2 (in part), 2019: Ord. 5321 §2, 2017: Ord. 5275 §1, 2015: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The City shall be responsible for the operation, maintenance and repair of the water system under its jurisdiction and located within the public right-of-way, dedicated utility easements, and utility-owned property. The City shall not be responsible for servicing private systems beyond its meters, or for public systems pur- chasing water under a wholesale contract unless other- wise agreed. When maintenance, repair, or replacement of the water system is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such conditions shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.145 PROHIBITING FLUORIDATION. The water system of the City of Bremerton shall not be artificially fluoridated; i.e., that fluoride in any chem- ical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open elec- tion. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4647, Added, 02/22/1999) 15.02.150 INTERRUPTION OF SERVICE - EMERGENCY. The City may restrict the use of the water system through regulation or control of the use whenever an emergency exists affecting the water system, or for the purpose of making repairs, extensions, or any other nec- essary work. Whenever reasonable, and in cases where it has advance knowledge, the City will make a reason- able attempt to provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the water system that may be deemed necessary for public health and safety. The City shall not be held responsible for any dam- age to private property resulting from interruption, fail- ure of the water system, or failure of the property owner to comply with the provisions of this code. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.155 WATER SHORTAGE RESPONSE. It is in the public interest for the City to be prepared with an appropriate response in the event of a water shortage situation to protect the health, welfare, and safety of its users. (a) Authority. The Director shall have the author- ity to declare various stages of water emergencies and to implement the provisions of the Bremerton water short- age contingency plan. The stages of this plan are advi- sory, voluntary, mandatory restrictions, and emergency curtailment. (b) Mandatory Water Restrictions. If mandatory water restrictions are declared, the Director shall issue a public notification of the nature of the restrictions. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The City shall be responsible for the integrity, safety, and continuity of the water system. As a condi- tion of the utility service agreement the property owner shall grant the City the authority to make inspections at any reasonable time if the City or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect the condition or to perform any duties imposed upon the City by this code, provided the City shall first make rea- 15.02-5 (Revised 10/19) Bremerton Municipal Code 15.02.220 sonable efforts to contact the owner or person responsi- ble for such property. The City shall have recourse to every remedy pro- vided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, secur- ing property owner correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and reme- dies which may be available under law, this code, and regulations and procedures adopted hereunder. Any expense incurred by the water utility to abate such con- dition shall be the responsibility of the owner(s), in accordance to the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any cost in collection. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.180 METER OPERATION AND MAINTENANCE. The City shall be responsible for all domestic and commercial meters under its jurisdiction. Where the accuracy of the reading of a water meter is questioned, the meter shall be removed at the cus- tomer’s request and tested. The test may be performed in the owner’s presence if requested. A written test report will be made. If the test discloses an over registra- tion error by more than three percent (3%) in the meter registry, the excess of the consumption on the three (3) previous readings shall be credited to the customer’s utility account. In the event that the meter is found to be under registering by more than three percent (3%) in the meter registry, the average loss of consumption of the previous three (3) readings shall be billed to the cus- tomer’s utility account. For meter tests in excess of one (1) within a twelve (12) month period, the customer shall pay for each additional test. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.190 EXCESSIVE CONSUMPTION. When excessive consumption periodically over- loads the capacity of a meter supplying service to any premises, the Director shall determine the size of the service pipe from the main and the size of the meter nec- essary to give proper service without damage to the meter and shall notify the property owner of the require- ment for replacement. The replacement of service con- nection shall be at the expense of the property owner. Failure on the part of the property owner to comply with the requirement within thirty (30) days shall be cause for the termination of water service until such requirement has been met. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.02.200 WASTE. Any person or owner receiving water service shall not waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use the water for purposes other than those named in the application. Violation shall constitute grounds for the discontinuation of water service. A dis- continuance of water service notice will be sent to the customer giving them ten (10) days from the date of the notice to correct the problem or the service will be ter- minated. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.02.210 PROHIBITED ACTS. It shall be unlawful for any person to violate the fol- lowing: (a) Tampering. It shall be unlawful for any person, unless duly authorized by the City, to disturb, repair, interfere with, or damage any water source, water main, pipe, machinery, tools, meters, hydrant, or any building, improvement, or other appurtenances belonging to, con- nected with, or under the control of the City. (b) Contamination. It shall be unlawful for any person to contaminate, bathe in, or fish in any water sys- tem of the City. (c) Water Use During Emergency. It shall be unlawful for any person receiving water from the City to knowingly use water for lawn or garden sprinkling and irrigation purposes on any premises during the progress of a fire or any other emergency condition after notice of such restriction. (d) Obstructing Water Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any water meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or other materials; parking or standing vehicles, constructing fences, planting shrubs, or any other obstruction within five (5) feet of any water meter or hydrant. (e) Connection to Unauthorized System. It shall be unlawful to connect the water system to any premises or use not authorized through a service application. This includes connecting an adjoining property or building with a garden hose or some other means to bypass the purchase of a meter or service for that property. (f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City prop- erties posted as restricted property and facility lands without authorization by the Mayor or the Director. (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.02.220 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for (Revised 10/19)15.02-6 15.02.220 which monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5376 §2 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.03-1 (Revised 10/19) 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. 5374 §1 (in part), 2019: 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. 5374 §1 (in part), 2019: 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. 5374 §1 (in part), 2019: 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 10/19)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 Health District local health offi- cial 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. 5374 §1 (in part), 2019: 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 District local health officer has deter- mined that a wastewater service connection is required in order to protect public health and safety shall be required to connect to the City wastewater system. The Health District local health officer shall serve the owner with a written notice requiring the connection. A copy of such notice shall be provided to the Department. Such connection shall be made within the time limit as pro- vided 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 District local 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 nui- sance. 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 District local 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 15.03-3 (Revised 10/19) Bremerton Municipal Code 15.03.090 within the time specified by the notice, the City may make such connection. The cost of the connection shall be assessed against the property and shall become a lien. The City is authorized, empowered, and directed to col- lect the cost of the connection by either foreclosure of the lien or by a suit against the owner. (Ord. 5374 §1 (in part), 2019: 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. 5374 §1 (in part), 2019: 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. No connections shall be made to new sewer mains until all acceptance documentation has been received and approved by the Department. Required documenta- tion includes record drawings, deeds of conveyance, easement(s) and any warranty bond(s). 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. 5374 §1 (in part), 2019: 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 the Department or by a contractor 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 and kept within the exclusive control of the City. Whenever an applicant requests wastewater service to a premises with no fronting sewer main, a standard sewer main shall be required to be installed as a prerequisite to connection to the wastewater system. Every parcel under separate ownership connected to the wastewater system shall be required to install a separate service connection to the wastewater main, and the premises so supplied will not be allowed to provide service to any other premises. However, these restric- tions shall not apply to existing connections unless improvements are done to the parcel and a separate sewer lateral can be installed for twenty-five (25) per- cent or less than the total improvement cost of the proj- ect, or in the judgment of the Director, such existing connection should be discontinued. When a single par- cel of land having more than one (1) residential structure served by a single connection is subdivided, the installa- tion of new connections shall be required for the struc- tures on the newly established lots. The application for service will be filed prior to the approval of the subdivi- sion. Separate services will be consistent with the provi- sions of this chapter. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.090 CONNECTION OWNERSHIP. All connections from the wastewater main to the property line shall be and remain the property of the City and will not be removed unless service to the premises is discontinued or abandoned. Connections shall not be removed or in any way disturbed except by, or as approved by, the Department. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) (Revised 10/19)15.03-4 15.03.100 15.03.100 WASTEWATER SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense a man- hole in the side sewer to facilitate observation, sam- pling, and measurement of the wastewater strength and flow. The manhole shall be located as approved by the Department and constructed in accordance with the Engineering Design and Construction Standards. Once each year, the Wastewater Manager shall assign a "typical" waste strength to each Commercial I through VII class as defined in BMC 15.01.020, except for a "verified strength," for purposes of determining user charges. Users in the verified strength class will have their strength determined by direct periodic composite sam- pling and analysis. Composite samples shall be col- lected and analyzed at the owner’s expense. To be eligible to be charged as a verified strength user, the owner must have the discharge(s) to the waste- water system structured in such a way that sampling of the discharge(s) can be reasonably achieved without contamination or dilution by other discharges. If special provisions are required to achieve discharge sampling, such provisions shall be made at the owner’s expense. (Ord. 5374 §1 (in part), 2019: Ord. 5321 §3, 2017: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the biochemical oxygen demand (BOD) or total sus- pended solids (TSS) of the sewage, industrial waste, or wastewater exceeds two hundred (200) parts per million (1,000,000) by weight, exceeds local limits, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. High conduc- tivity discharges will be carefully evaluated for dis- charge into the City’s sewer system. Saltwater discharges can cause corrosion, exacerbate odor prob- lems in the treatment plant, interfere with analysis of samples, and could affect the City’s ability to reclaim the wastewater for other uses. Such preliminary treat- ment facilities shall be approved by the Department and constructed, operated, and maintained by the owner at the owner’s expense. The daily maximum pollutants allowed into the wastewater system from any service shall not exceed the following limits: Any commercial user that exceeds any of the above limits shall have an appropriately sized, properly installed, regularly maintained and sufficiently docu- mented type of treatment device in place to help reduce the strength of their sewer discharge. For the purpose of conductivity, exceeding the limit of 6.0 mS/cm shall mean continuous average equal to or exceeding 6.0 mS/cm for any thirty (30) day period. Failure to comply with the installation of the required treatment device within ninety (90) days of notification shall be cause of the discontinuance of the water service to the premises. (Ord. 5374 §1 (in part), 2019: Ord. 5321 §4, 2017: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.120 BACKWATER VALVES. When a premises discharges wastewater into a force main or pressure main or wherever a situation exists involving an unusual danger of backflow, a back- water valve shall be required and shall be installed in a manner accessible for maintenance per Engineering Design and Construction Standards. The installation and effective operation of the backwater valve shall be the sole responsibility of the owner connecting to the waste- water system. The installation shall meet the require- ments of the Engineering Design and Construction Standards. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.03.130 ABANDONMENT. When a property owner demolishes or removes a building which was connected to the wastewater utility collection system, the owner shall be required to expose and plug the side sewer at the property line in accor- dance with the Engineering Design and Construction Standards. A sewer cap permit is required to perform Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (total) 1.0 mg/L Chromium (hexavalent) 0.25 mg/L Conductivity 6.00 mS/cm Copper (total) 0.75 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide (total) 0.64 mg/L Cyanide (free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH 50.0 mg/L pH 6.0 - 10.0 15.03-5 (Revised 10/19) Bremerton Municipal Code 15.03.170 this work. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.03.140 WASTEWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the opera- tion, maintenance, and repair of the wastewater system and appurtenances under its jurisdiction and located within the public right-of-way, dedicated utility ease- ments, and City owned property. The Department shall not be responsible for servicing private systems con- nected to the wastewater system, except as provided in this chapter. When maintenance, repair, or replacement of wastewater system is required due to user activity result- ing in unsafe, nonconforming, or unauthorized condi- tions as set forth in this chapter, any expense incurred by the City to abate such condition shall be the responsibil- ity of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of col- lection. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the waste- water system through regulation or control of the use whenever an emergency exists affecting the wastewater system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Depart- ment will provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the wastewater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any dam- age to private property resulting from interruption, fail- ure of the wastewater system, or failure of the property owner to comply with the provisions of this code. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integ- rity, safety, and continuity of the wastewater system. As a condition of the utility service agreement the property owner shall grant the Department the authority to make inspections at any reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, ille- gal, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this code, pro- vided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The Department shall have recourse to every rem- edy provided by law to secure entry and abate the con- ditions. Such remedies may include, but not be limited to, securing property owner’s corrections; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this title and regulations and procedures adopted hereunder. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.170 REPAIR OF PRIVATE SYSTEMS. Whenever any private wastewater system con- nected with the City’s wastewater system becomes obstructed, broken, or in need of repair, the owner shall make all repairs within five (5) days after notification by the Health District local health officer or Director. If the owner fails to make repairs within the five (5) day period, the Director may terminate the wastewater ser- vice by termination of the water service to the property being serviced by the subject property. When two (2) or more houses or buildings are connected to the same pri- vate sewer, the owners shall be jointly and severally lia- ble for work done by the City. If the repairs are not constructed and completed in accordance with the provisions of this code and/or in compliance with the approved permit, and/or in accor- dance with the current Engineering Design and Con- struction Standards, and if the contractor or person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner of the property, for whom the work is being done, as herein provided. The Director may abate the condition, by either causing the correction to be completed in the proper manner, or by termination of the water service until the correction is made. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost (Revised 10/19)15.03-6 15.03.180 and cost of collection. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.180 EXCESSIVE DISCHARGE. When excessive discharge periodically overloads the capacity of the side sewer supplying service to any premises, the Director shall determine the size of the side sewer from the main necessary to give proper sewer service without damage to the system or causing sewer overflow. The City shall notify the property owner of the required change in the size of the side sewer instal- lation. The replacement of the side sewer shall be at the expense of the property owner. Failure on the part of the property owner to comply with the request within thirty (30) days shall be cause for the termination of wastewa- ter service by termination of the water service to the property being serviced by the subject property. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.03.190 WASTEWATER SYSTEM CLEANING. All side sewer cleaning contractors and/or plumb- ers and owners engaged in cleaning existing side sewers (as distinguished from plumbing and septic tank facili- ties) shall notify the Department prior to beginning such operations. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and a new structure is constructed on the same parcel of property, a new utility service agreement is required. Any existing side sewer will need to meet the current Engineering Design and Construction Standards. The sewer lateral shall be videoed and approved by the Director for reuse. Any existing side sewer determined to be substandard must be replaced as directed by the Director, at the owner’s expense. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1, 1994; Ord. 4309 §2 (in part), 1991) 15.03.210 PROHIBITED ACTS. It shall be unlawful for any person to violate the fol- lowing: (a) Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any wastewater system, including pipe, machinery, or tools, or buildings, improvements, or other appurtenances belonging to, connected with, or under the jurisdiction of the Depart- ment. (b) Prohibited Discharges. It shall be unlawful for any person to deposit in any manhole, lamp hole, flush tank, or sewer opening: (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer system. (2) Discharges containing toxic, poisonous, or flammable solids, liquids, or gases in sufficient quan- tity, either singly or by interaction with other wastes, to injure or interfere with any sewage collection or treat- ment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plants. (3) Any strong acid waste, strong alkaline waste or other waste with corrosive properties capable of causing damage or hazard to the structures, equip- ment, or personnel of the City. (4) Any waste that: (i) Contains polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system; (ii) Causes a build-up of grease in any public sewer facility; (iii) Causes an obstruction of the public sewer system; (iv) Is found to contain more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical pro- cedures established in 40 CFR Part 136; or (v) Any discharge that violates Chapter 15.05 BMC, entitled "Fats, Oils and Grease." (5) Overflows from unpolluted water storage facilities. (6) Clear water from refrigeration, reverse- cycle heat pumps, and cooling or air-conditioning equipment installed hereafter, except for the periodic draining and cleaning. (7) Steam exhaust or blow-off, or any heated water until the temperature thereof has been reduced to less than one hundred (100) degrees Fahrenheit. (8) Waste containing suspended solids and/or inorganic materials of such character and quantity that unusual attention or expense is required to handle such materials in the sewer system or at the wastewater treat- ment plant. (9) Any obnoxious or malodorous gas or sub- stance capable of creating a public nuisance. (10)Any septic tank wastes or portable holding tank waste. (11)Any new stormwater discharges. (12)Any discharge of food waste through a commercial disposal unit into a grease interceptor. Any existing sites that are found to have food waste disposal 15.03-7 (Revised 10/19) Bremerton Municipal Code 15.03.220 units will have ninety (90) days to remove the units after notification. (13)Any catch basins that collect wastewater runoff from dumpsters serving food service establish- ments that flow into the stormwater system or wastewa- ter system. Such flow will need to be redirected to flow into a grease interceptor and connect into a sanitary sys- tem, unless another plan is approved by the Director. Maximum surface area allowed to flow into the collec- tion system will be two hundred (200) square feet. (14)Any single service discharge that exceeds the following daily maximum pollutant limits:** ** Businesses that follow BMPs (best management practices) for their industry can petition the City for a higher limit. This will be limited to businesses contributing less than one (1) percent of the total flow to the City’s wastewater system and treatment plant. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 5009 §1, 2007: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.03.215 LOW PRESSURE SEWERS. Low pressure sewers may be constructed in an area where, in the opinion of the Director, it is impractical to construct gravity sewers and the cost will not be a factor. Low pressure sewers shall be designed and constructed in accordance with the Engineering Design and Con- struction Standards. The pump and enclosures shall be owned and operated by the City. The owner shall be financially responsible for and shall own and operate all the electrical installation and all piping and conveyance facilities to the property line. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) 15.03.220 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020, Penalties. (Ord. 5374 §1 (in part), 2019: Ord. 5250 §1 (in part), 2014) Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (total) 1.0 mg/L Chromium (hexavalent) 0.25 mg/L Copper (total) 0.75 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide (total) 0.64 mg/L Cyanide (free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH 50.0 mg/L 15.04-1 (Revised 10/19) Bremerton Municipal Code 15.04.030 Chapter 15.04 STORMWATER Sections: 15.04.010 PURPOSE. 15.04.015 AUTHORITY. 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. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.04.015 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administra- tion and enforcement of the provisions of this chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the City. (b) Request the assistance of other City depart- ments to administer and enforce this Code. (c) Act as final authority for requests for variance from requirements of this chapter. (d) Amend, interpret and allow deviations from the City of Bremerton Design and Construction Stan- dards (engineering standards) when the Director finds that said reasons are in the best interest of the commu- nity. (Ord. 5376 §3 (part), 2019) 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by ref- erence as currently published and as hereafter 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. 5376 §3 (part), 2019: 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 (Revised 10/19)15.04-2 15.04.040 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 downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. "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. 5376 §3 (part), 2019: 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 City 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. 5376 §3 (part), 2019: 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. 5376 §3 (part), 2019: 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 15.04-3 (Revised 10/19) Bremerton Municipal Code 15.04.100 may be required pursuant to BMC 15.04.070. (Ord. 5376 §3 (part), 2019: 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. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regu- lated under WAC Title 222, except for Class IV - gen- eral forest practices that are conversions from timber land to other uses, are exempt from the provisions of this section. Development undertaken by the Washington State Department of Transportation in state highway rights- of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 5376 §3 (part), 2019: 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 City or a contractor licensed in accor- dance with the provisions of this chapter in compliance with the manuals adopted in BMC 15.04.020. All storm- water system extensions shall be installed along the entire frontage of the premises or plat to be served. The City may, at its option, require installation of stormwa- ter mains larger than the minimum size specified in the Engineering Design and Construction Standards to pro- vide for adequate capacity within the stormwater sys- tem. The City is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwa- ter mains or other improvements based upon the storm- water comprehensive 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. 5376 §3 (part), 2019: 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 is accepted by the City for use in stormwa- ter 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 (Revised 10/19)15.04-4 15.04.110 private property to allow inspection, maintenance, and repair. (Ord. 5376 §3 (part), 2019: 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 and stormwater lateral shall be extended at right angles from the stormwater main to the property line and shall be owned and maintained by the property owner. During improvements to a site where the existing stormwater connection does not meet cur- rent Engineering Design and Construction Standards, requirements of the standards shall apply if the improve- ments can be installed for twenty-five percent (25%) or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are nec- essary to protect other upstream and downstream prop- erties. IHSUs cannot be transferred from one property or account to another property or account. (Ord. 5376 §3 (part), 2019: 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. 5376 §3 (part), 2019: 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 City, the property owner shall install and maintain at their expense a storm drainage sampling station downstream from the private stormwa- ter 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 City and constructed in accordance with Engineering Design and Construction Standards. (Ord. 5376 §3 (part), 2019: 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 City shall be responsible for the integrity, safety, and continuity of the stormwater system. As a condition of the utility service agreement, the property owner shall grant the City the authority to make inspec- tions at any reasonable time if the City or other appro- priate agency has reasonable cause to believe there exists on the premises a nonconforming, illegal, unau- thorized, or unsafe condition or to verify no such condi- tion exists. The Director may enter onto such property to inspect conditions or to perform any duties imposed upon the City by this code, provided the City shall first make reasonable efforts to contact the owner or person responsible for such property. The City shall have recourse to every remedy pro- vided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions. Such reme- dies may include, but not be limited to, securing prop- erty owner’s correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and reme- dies that may be available under this title, and regula- tions 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. 5376 §3 (part), 2019: 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 City shall be responsible for the operation, maintenance and repair of the stormwater mains and catch basins under its jurisdiction which are located within the public right-of-way, dedicated utility ease- ments and City-owned property. The City shall not be responsible for servicing private systems connected to the City’s stormwater system, except as provided in this chapter. When maintenance, repair, or replacement of the City’s stormwater system is required, due to user activ- 15.04-5 (Revised 10/19) Bremerton Municipal Code 15.04.180 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. 5376 §3 (part), 2019: 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- 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 correction 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. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.04.170 INTERRUPTION OF SERVICE - EMERGENCY. The City may restrict the use of the stormwater sys- tem 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 City will pro- vide notice of such emergency using appropriate meth- ods 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. 5376 §3 (part), 2019: 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- (Revised 10/19)15.04-6 15.04.190 vice agreement shall be required if any existing storm- water connection does not meet the current Engineering Design and Construction Standards. Prior to entering into a new utility service agreement, the stormwater connection shall be videoed and approved by the Direc- tor for reuse. Any existing stormwater connection deter- mined to be substandard must be replaced as directed by the Director, at the owner’s expense. (Ord. 5376 §3 (part), 2019: 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 City, to disturb, interfere with, or damage any stormwater facilities, including pipes, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the City. (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; Decant water; 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, slurry 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. In accordance with the Western Washington Phase II Municipal Stormwater Permit, 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 dis- charge, whether singly or in combination 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. 15.04-7 (Revised 10/19) Bremerton Municipal Code 15.04.210 (3) Dechlorinated swimming pool/hot tub dis- charges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reox- ygenized if necessary, volumetrically and velocity con- trolled to prevent resuspension of sediments in the stormwater system. Discharges shall be thermally con- trolled to prevent an increase in temperature of the receiving water. Swimming pool/hot tub wastewater and filter backwash shall not be discharged to the storm- water system. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents shall be permitted, if the amount of street wash and dust control water used is minimized and catch basin inserts designed to treat and/or filter wash water prior to entry into the stormwa- ter mains are installed. At active construction sites, street sweeping must be performed prior to washing the street and catch basin inserts designed to treat and/or fil- ter wash water prior to entry into the stormwater mains must be installed. (5) Nonstormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other nonstormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to pre- vent contaminants from entering surface or ground water. (e) Prohibited Connections. (1) The construction, use, maintenance, or continued existence of illicit connections to the storm- water system is prohibited. (2) This prohibition expressly includes, with- out limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section if the person connects a line conveying sew- age to the MS4 or allows such a connection to continue. (Ord. 5376 §3 (part), 2019: 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. 5376 §3 (part), 2019: 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. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013) 15.05-1 (Revised 10/19) Bremerton Municipal Code 15.05.040 Chapter 15.05 FATS, OILS AND GREASE Sections: 15.05.010 ADMINISTRATION. 15.05.020 PURPOSE. 15.05.030 APPLICABILITY. 15.05.040 GREASE INTERCEPTOR REQUIREMENT. 15.05.050 STANDARDS. 15.05.060 ENZYMES, BACTERIA AND OTHER AGENTS. 15.05.070 INSPECTION, MONITORING AND REPORTING. 15.05.080 VIOLATION - PENALTY. 15.05.010 ADMINISTRATION. The provisions of this chapter shall be administered by the Director. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007) 15.05.020 PURPOSE. The purpose of this chapter is to aid in the preven- tion of sanitary sewer blockages and obstructions from contributions and accumulation of animal- or vegetable- derived fats, oil, and greases discharged to the wastewa- ter system from multifamily complexes and industrial or commercial establishments, particularly food prepara- tion and serving facilities. The objectives of this program are to use reasonable and technically feasible controls to protect the health and safety of the community and: (a) Eliminate sanitary sewer overflows. (b) Reduce the amount of fats, oils, and grease dis- charged to the wastewater system. (c) Reduce maintenance costs for the wastewater system. (d) Improve operation of wastewater system. (e) Reduce maintenance cost for the treatment plant facility operations. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007) 15.05.030 APPLICABILITY. This chapter applies to all food processing estab- lishments, food sales establishments, food service estab- lishments, and any other facility that discharges polar grease to the wastewater system and is located within the boundaries of the City’s wastewater system on or after the effective date of the ordinance codified in this chapter. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007) 15.05.040 GREASE INTERCEPTOR REQUIREMENT. (a) Fats, Oils and Grease Control Program. All facilities are required to implement and maintain a fats, oils and grease control program. The goal of the pro- gram is to implement reasonable and technically feasi- ble controls of free-floating fat, oil and grease. The basic components of the program should include: (1) A written program articulating manage- ment and corporate support for the plan and a commit- ment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices. (2) A description of the facility type and a summary of the products made and/or service provided. (3) A description of current reduction, recy- cling and treatment activities. (4) Schematics of the process areas illustrat- ing drains and discharge points connected to the sanitary sewer. (5) Specific performance goals and imple- mentation schedule. (6) Initial training for new employees and refresher training every six (6) months. (b) New Facilities. On or after the effective date of the ordinance codified in this chapter, food processing establishments, food sales establishments, or food ser- vice establishments which are newly proposed or con- structed shall be required to install, operate and maintain an approved type and adequately sized grease intercep- tor necessary to maintain compliance with requirements as described in the Engineering Design and Construc- tion Standards for interceptor/grease trap of this chapter. (c) Existing Facilities with Grease Removal. On or after the effective date of the ordinance codified in this chapter, existing food processing establishments, food sales establishments, or food service establishments shall be permitted to operate and maintain existing grease interceptors or grease traps; provided, that the equipment is in efficient operating condition. All such establishments are required to develop and implement best management practices (BMPs) to reduce the quan- tity of fats, oil and grease discharged to the wastewater system. Any facilities that are known to cause grease- related cleaning activities in the wastewater system, a grease-related wastewater system overflow or fail to implement and enforce BMPs will be required to install a properly sized and functioning grease interceptor designed to meet the City’s grease control requirements as described in the Engineering Design and Construc- tion Standards for interceptor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the wastewater system, a build-up of grease in any waste- water, which accumulations, either alone or in combina- (Revised 10/19)15.05-2 15.05.050 tion with other discharges, cause an obstruction of the wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as mea- sured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety (90) calendar days from notification by the City or as otherwise specified by other governing agencies. (d) Existing Facilities with/without Grease Removal. Establishments that: (1) Expand by twenty-five percent (25%) their seating capacity for food service; or (2) Renovate or remodel and a grease inter- ceptor can be installed for twenty-five percent (25%) or less than the total cost of the remodel; or (3) Are known to cause grease-related clean- ing activities in the wastewater system; or (4) Contributed to a grease-related wastewa- ter system overflow; or (5) Fail to implement and enforce BMPs; will be required to install a properly sized and function- ing grease interceptor designed to meet the City’s grease control requirements as described in the Engineering Design and Construction Standards for intercep- tor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the wastewater system, a build-up of grease in any wastewater system, which accumulations, either alone or in combination with other discharges, cause an obstruction of the wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety (90) calendar days from notifi- cation by the City or as otherwise specified by other governing agencies. (e) Variance from Grease Interceptor Require- ments. Grease interceptors required under this chapter shall be installed unless the City authorizes the installa- tion of a grease trap or other alternative pretreatment technology after determining that the installation of a grease interceptor would not be feasible due to space constraints or other considerations. The facility bears the burden of demonstrating that the installation of a grease interceptor is not feasible and that the variance will not cause the facility any problems in meeting the requirements as described in the Engineering Design and Construction Standards for interceptor/grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the wastewater system, a build-up of grease in any wastewater system, which accumulations, either alone or in combination with other discharges, cause an obstruction of the wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) The request for an alternate grease removal device or grease trap shall contain the follow- ing information: (1) Detailed explanation of the reason(s) that the installation of a grease interceptor is not feasible. (2) Location of the wastewater system in rela- tion to available exterior space outside the building. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate, and hold grease from wastewater and prevent it from being discharged into the wastewater system. Any alter- native technology must result in a discharge that meets the requirements as described: polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the wastewater system, a build-up of grease in any wastewater system, which accumulations either alone or in combination with other discharges cause obstruction of the wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures estab- lished in 40 CFR Part 136. The City, prior to installa- tion, must approve any alternative pretreatment technology. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. Formerly 15.05.050) 15.05.050 STANDARDS. (a) Grease Interceptor. (1) Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance. (2) Grease interceptor sizing and installation shall conform to the requirements contained in the latest version of the Uniform Plumbing Code (UPC) or other criteria as determined on a case-by-case basis based on review of relevant information, including, but not lim- ited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. The aforementioned determi- nations may or may not conform to the Uniform Plumb- ing Code construction standards or sizing criteria for grease interceptors or similar devices. The minimum capacity of an exterior grease interceptor will be based on DFUs (Drainage Fixture Unit). Supporting sizing calculations shall be submitted to the City. (3) Grease interceptors shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. The grease intercep- tor will have a minimum of two (2) compartments with fittings designed for grease retention. 15.05-3 (Revised 10/19) Bremerton Municipal Code 15.05.050 (4) Grease interceptors shall be installed in accordance with the Engineering Design and Construc- tion Standards. (5) Grease interceptors shall be installed at a location where it is easily accessible for sample collec- tion, inspection, and cleaning and removal of retained grease. The grease interceptor may not be installed in any part of the building, unless preapproved, and the location must meet the approval of the City. (6) Grease interceptors shall be located in the food service establishment’s lateral line between all fix- tures which may introduce grease into the wastewater system and the connection to the wastewater system. Such fixtures shall include but not be limited to sinks, dishwashers, floor drains for food preparation and stor- age areas, mop sinks, and any other fixture which is determined to be a potential source of grease. (7) Grease interceptors must be vented. (8) Flushing the grease interceptor with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited (maximum tem- perature for effect on concrete). (9) Grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspec- tion tees and manholes must enable the City to monitor and test the discharge for compliance with City require- ments or to allow monitoring and testing in accordance with the rules and regulations of other federal, state or local agency having governmental or contractual juris- diction within the wastewater system. (10)Access manholes, with a minimum diam- eter of twenty-four (24) inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspec- tion, cleaning and removal of retained grease and sam- ple collection. Riser maximum will not exceed twenty- four (24) inches. (11)Grease interceptors shall be considered out of compliance if the total volume of grease and sol- ids displaces more than twenty-five (25) percent of the effective volume of the final chamber of the interceptor. Grease interceptors must be serviced and emptied of accumulated waste content as required maintaining a minimum design capability or effective volume, but not less than once every ninety (90) calendar days. If a facil- ity determines that cleaning every ninety (90) calendar days is unnecessary in order to remain in compliance with requirements, the facility may make a written application for a variance from the cleaning schedule. (12)Sanitary wastes (restroom wastes) cannot be introduced into the grease interceptor. (13)Any facility that has a grease interceptor shall maintain a pumping contract with a licensed grease pumping company. The pumping company will pump the interceptor on a regular schedule without notifica- tion from the food service. The pumping company will notify the City if the contract is canceled by either party. (14)Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the wastewater system or any portion of the stormwater system. (15)All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest for a minimum of three (3) years. All such records shall be submitted to the City and made available for on-site inspection during all operating hours. (b) Grease Trap. Each facility is solely responsible for the cost of the grease trap installation, inspection, cleaning and maintenance. (1) Grease trap sizing and installation shall conform to the requirements contained in the latest ver- sion of the Uniform Plumbing Code or other criteria as determined on a case-by-case basis based on review or relevant information, including, but not limited to, grease trap performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs, but in no case will the grease trap be less than twenty (20) gallons per minute flow rate. The aforemen- tioned determinations may or may not conform to the Uniform Plumbing Code construction standards or siz- ing criteria for grease traps or similar devices. (2) Grease traps shall be designed using stan- dard engineering principles for sedimentation and flota- tion in gravity separators. (3) Grease traps shall be installed in accor- dance with the Engineering Design and Construction Standards. (4) Grease traps shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. (5) Grease traps shall be located in the food service establishment’s lateral line between all fixtures which may introduce grease into the wastewater system and the connection to the wastewater system. Such fix- tures shall include sinks, drains and other fixtures for food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Fixtures such as waste disposal units and dishwashers shall not be connected to the grease trap. (Revised 10/19)15.05-4 15.05.060 (6) Flushing the grease trap with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited. (7) Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer’s rated capacity recommended in gallons per minute for the unit. (8) Grease traps shall be considered out of compliance if the total volume of grease and solids dis- places more than twenty-five percent (25%) of the effec- tive volume of the chamber. The facility and inspector will determine and document the mutually agreed upon maintenance schedule and complete debris removal fre- quency. (9) Sanitary wastes (restroom wastes) cannot be introduced into the grease trap. (10)Neither grease, solids nor liquids removed from grease traps shall be returned to any grease trap, private sanitary sewer line, any portion of the wastewa- ter system or any portion of the stormwater system. (11)All facilities shall maintain a written record of inspection and maintenance activities for a minimum of three (3) years. All such records shall be made available for on-site inspection by representatives of the City during all operating hours. (Ord. 5376 §4, 2019: Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. Formerly 15.05.060) 15.05.060 ENZYMES, BACTERIA AND OTHER AGENTS. The direct addition into the building plumbing, grease trap or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Grease trap or interceptor design and siz- ing criteria are based on gravimetric separation for grease and solids removal. The addition of enzymes or chemical emulsion agents would impede the gravimet- ric separation and defeats the purpose of the grease trap or interceptor. Any attempt to modify the trap or inter- ceptor into a biological reactor by adding bacterial or microbial agents is also prohibited. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. Formerly 15.05.070) 15.05.070 INSPECTION, MONITORING AND REPORTING. (a) The City shall inspect food processing estab- lishments, food sales establishments, or food service establishments on both a scheduled and unscheduled, unannounced basis to determine whether the require- ments set forth in this chapter are being met. (b) Food processing establishments, food sales establishments, or food service establishments shall allow City officials and other duly authorized employ- ees or agents of the City bearing proper credentials and identifications access at all reasonable times or during normal hours of operation to all parts of the premises for the purpose of inspection, observation, records exam- ination, measurement, sampling and testing in accor- dance with the provisions of this chapter. The City shall have the right to set up on any user’s property devices necessary for conducting wastewater sampling inspec- tion, compliance monitoring and/or metering opera- tions. All costs for laboratory collection and analysis shall be the responsibility of the food processing estab- lishments, food sales establishments, or food service establishments. (c) Each food processing establishment, food sales establishment, or food service establishment shall retain maintenance records with the following information for each grease removal device located on the premises. The records shall be kept a minimum of three (3) years and provided to the city upon request. (1) Date of service. (2) Volume pumped (gallons). (3) Name of waste hauler. (4) Waste disposal location. (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. Formerly 15.05.080) 15.05.080 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5250 §1 (part), 2014: Ord. 5009 §2 (part), 2007. For- merly 15.05.090) 15.06-1 (Revised 10/19) Bremerton Municipal Code 15.06.020 Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES Sections: 15.06.010 PURPOSE. 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. 15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES. 15.06.025 SEWER CONSERVATION LOAN PROGRAM. 15.06.030 RATES - WATER. 15.06.040 RATES - WASTEWATER. 15.06.050 RATES - STORMWATER. 15.06.060 MISCELLANEOUS FEES AND CHARGES. 15.06.010 PURPOSE. This chapter provides for the establishment of fees, rates, and other charges for connection to or utilization of the utility system, for providing utility service, administration and maintenance of utility accounts, and for the operation, maintenance, repair, and improve- ments of the utility system. Fees, rates, and other service charges shall include, but not be limited to, front footage fees, general facility fees, connection charges, utility service rates, account maintenance charges, plan check, and system development fees and charges. All fees, rates, and charges for service outside the City limits will be assessed at a charge of one hundred fifty percent (150%) of the City rate for wastewater and one hundred fifty percent (150%) of the City rate for water. (Ord. 5250 §1 (in part), 2014: Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. (a) Assessments, rates, fees, and charges for ser- vices relating to the Department for water, wastewater, stormwater utilities, and other related services are on file with the City Clerk and posted on the City of Bremerton’s website. See Chapter 3.01 BMC for the link to the City of Bremerton’s website for rates and fees. (b) Commencing on January 1, 2018, and on Janu- ary 1st of each successive year thereafter, the estab- lished utility rates, fees and charges identified in Chapter 3.01 BMC, not otherwise adjusted by the City Council during the previous six (6) month period, shall automatically be adjusted as follows: (1) The utility GFCs shall be adjusted upward to the nearest dollar based upon the most current Seattle Construction Index (SCI); and (2) All other utility rates, fees and charges shall be adjusted upward to the nearest dollar based on the most current Consumer Price Index for All Urban Consumers, Seattle. (Ord. 5321 §5, 2017: Ord. 5250 §1 (in part), 2014: Ord. 5131 §1, 2010: Ord. 5103 §3, 2010; Ord. 5070 §1, 2008; Ord. 5051 §1 (Exh. A), 2008; Ord. 5030 §1 (Exh. A), 2007; Ord. 5026 §2 (Exh. A), 2007; Ord. 4990 §1 (Exh. A), 2006; Ord. 4961 §1 (Exh. A), 2005; Ord. 4956 §1 (Exh. A), 2005; Ord. 4909 §§5, 7, 2004; Ord. 4881 §1, 2003; Ord. 4827, Amended, 11/29/2002; Ord. 4794, Amended, 05/07/2002; Ord. 4766, Amended, 08/24/2001; Ord. 4735, Reaffirmed, 11/30/2000; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4685, Amended, 12/28/1999; Ord. 4675, Added, 11/30/1999) 15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing approved connections for water and wastewa- ter within the system shall be considered to have paid their proportionate share of the GFC for existing use. Surface area impact for stormwater as of October 7, 2004, shall also be considered to have paid their propor- tionate share of GFC for existing use. (2) The utility GFCs shall be adjusted annu- ally as set forth in BMC 15.06.015 in addition to any other adjustments that may be made by the City Council. GFCs shall not vest. Any vesting requirements set forth in the Bremerton Municipal Code, including, but not limited to, BMC 20.12.170, do not apply to utility GFCs. GFCs shall be paid at the current rate in effect at the time payment is made. (3) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactivate the services. (4) Parcels and/or facilities in which no utility services are present shall be defined as new undevel- oped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (5) Utility services are considered to be pres- ent if a water service or a sewer lateral is physically in (Revised 10/19)15.06-2 15.06.025 place and historically served that parcel. Parcels that have utility services currently present, but their facilities have been removed and new facilities constructed, will not have to pay additional GFCs, unless the meter size is increased. (6) Change of meter size for the parcel and/or facility, or change of IHSU, which is a reduction in GFCs will not be refunded or credited. (7) Change of meter size for the parcel and/or facility which is an increase of GFCs will require the customer to pay for the additional GFCs before work is performed. Similarly, an increase in surface area impact for stormwater shall require the customer to pay the net increase in IHSU before work is performed. (8) The calculation of the GFC for stormwater shall be based on the total number of IHSUs added to the parcels. (9) The calculation of the GFC for water shall be based on the meter size to be installed for a new or expanded water service. (10)The calculation of the GFC for wastewater shall be based on the meter size to be installed for the new or expanded water service. (11)The calculation of GFCs for stormwater shall be based on the number of impervious/hard surface units (IHSUs) as defined in BMC 15.01.020. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. (12)All GFCs shall be assessed and paid at the time of execution of the utility service agreement, prior to making any water, sewer, or storm service connec- tion, and shall be in addition to rates and other fees, assessments, and charges established for utility service. (13)Payment of GFC fees for improvements common to multiple parcels on a plat may be propor- tionally allocated among those parcels with payment deferred as approved by the Director at his or her discre- tion through a written agreement with the customer. Any deferment shall be in a written agreement recorded on the property. The agreement shall require that all deferred GFCs and related fees and costs be paid prior to issuance of building permits. In consideration for the deferral, the customer shall pay the current GFC in effect at the time of payment, as set forth in BMC 15.06.015, as well as any outstanding recording fees and other fees and costs related to the deferral agreement. (b) Connection/Inspection Fee. A connec- tion/inspection fee shall be charged for all service con- nections to the utility system. Additional fees may be charged if a reinspection is required as a result of the property owner/developer’s failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee shall be paid at the time of execution of the utility service agreement, prior to making any water, sewer, or storm service connection. (c) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the Utilities Capital Reserve Fund and used only for utility system capital improvements. (Ord. 5376 §5, 2019: Ord. 5371 §1, 2019: Ord. 5321 §6, 2017: Ord. 5288 §2, 2015: Ord. 5250 §1 (in part), 2014: Ord. 4909 §6, 2004; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.025 SEWER CONSERVATION LOAN PROGRAM. (a) Property owners who meet the requirements of this section may qualify for a loan known as a sewer conservation loan pursuant to RCW 35.67.360. A sewer conservation loan under this section is a loan from the City to a property for all, or a portion, of the GFC estab- lished under BMC 15.06.020 and any inspection fees related to connection to the City’s wastewater system. The principal amount of the loan authorized by this sec- tion shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the con- nection is to be made must be: (1) Within the City’s wastewater system; (2) A developed lot with an existing single- family home; and 15.07-1 (Revised 10/19) Bremerton Municipal Code 15.07.040 Chapter 15.07 UTILITY BILLING Sections: 15.07.010 PURPOSE. 15.07.020 UTILITY SERVICE ACCOUNTS. 15.07.030 ACCOUNT MAINTENANCE. 15.07.040 BILLING STATEMENT. 15.07.050 BILLING AND DUPLICATE BILLINGS. 15.07.060 AUTOMATIC CASH TRANSFER. 15.07.070 DESIGNATED AGENTS. 15.07.080 DELINQUENT ACCOUNTS. 15.07.085 TAMPERING WITH WATER SERVICE AFTER TERMINATION. 15.07.090 LIENS. 15.07.100 DEFERRED PAYMENT. 15.07.110 ADJUSTMENTS. 15.07.120 METER FAILURE. 15.07.130 DISCONNECTION. 15.07.010 PURPOSE. The provisions in this chapter provide for the estab- lishment of a City billing and receipting system for the reimbursement of the costs of providing utility service. The City is additionally authorized to provide to other municipal corporations billing and accounting ser- vices through interlocal agreement approved by the Mayor and authorized by the City Council. Utility billing shall be processed and administered by the Department of Financial Services. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.020 UTILITY SERVICE ACCOUNTS. The City shall create a utility service account upon receipt of an executed utility service agreement or an executed owner/tenant form as applicable. The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Owners of a single water-metered building shall be the bill payer responsible for all charges to the account. Billing for utility services shall commence for each service at the date of connection of each service to the property or the date of the closing of sale for a property. Billing for mandated wastewater service, as directed by the Health District local Health Official or the Director regardless of connection, shall commence sixty (60) days following written notice by the Health District local Health Official or the date of connection, whichever shall occur first. All utility billing forms will be available on the City of Bremerton website. Electronic signatures will be accepted for all utility billing online application submit- tals. When it benefits the utility to do so and at the dis- cretion of the Director of Financial Services, or desig- nee, a credit may be authorized for a utility customer not to exceed fifty dollars ($50.00) per year per account. A credit in excess of this amount requires City Council approval by motion or resolution. (Ord. 5376 §6 (in part), 2019: Ord. 5321 §7, 2017: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.030 ACCOUNT MAINTENANCE. Whenever the owner of a premises connected to the utility system desires to have the service activated or discontinued for his own or another’s use, he shall notify utility billing in writing on the forms provided. The City, upon payment of a service fee, will acti- vate or discontinue service or prorate the customer bill for partial billing periods upon the request of the owner. Reconnection of service will require payment for all outstanding fees and charges to the account. Where a water service has been inactive, meter pulled, house removed, or the house has been vacant for more than one hundred eighty (180) days and the owner petitions to reactivate the service to the premises, in addition to making application, if the service has been vacant for five (5) years or longer, a flow test will be required to evaluate the service to determine if adequate flow is currently available. The City will perform the flow test at no cost to the owner. A service fee and pay- ment for any unpaid previous charges shall be assessed prior to activation of the service. If inadequate flow is determined, a new service will be required by the City and shall be at the expense of the owner. Where the sewer lateral has been (1) capped and the house removed or (2) the sewer account has been inactive for more than one hundred eighty (180) days, the sewer lat- eral will be videoed by the City. If the video shows that the sewer is in good condition, then the sewer can be reactivated. If the video indicates that the sewer lateral, in the opinion of the City, is defective, then the new sewer lateral will be required and shall be replaced at the expense of the owner. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.040 BILLING STATEMENT. The City shall regularly bill each utility service account for all fees, rates, and charges for service during the billing period. (Revised 10/19)15.07-2 15.07.050 Payments received on each service account shall be applied in the following priority to the outstanding account balances: abatement charges, fees, administra- tive charges, stormwater impact fee, stormwater charges, wastewater charges, and water charges. Receipts shall be credited to the oldest balances first. A utility bill shall be considered past due thirty (30) days after date of billing. A utility bill which remains unpaid after the due date shall be classified as a delinquent account and shall be subject to delinquent charges. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed to the address requested by the property owner. Duplicate bills sent to a different address shall be assessed a duplicate billing charge, if applicable, sufficient to recover all costs of processing and mailing. The property owner shall be responsible for all fees, rates and charges on the utility service account regard- less of the use of the duplicate billing procedures or their request to send the statement to their tenant or agent. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.07.060 AUTOMATIC CASH TRANSFER. A property owner or designated agent may at his option request in writing, on the form provided by the City, direct automatic transfer of funds from a desig- nated account at a financial institution to the City for payment of utility service. The property owner shall receive a statement of the charges to be paid and the transfer shall be made at the time of the due date of the regular billing of the account. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to receive billing and provide for account maintenance. To designate an agent, the owner must deliver to the utility billing office a properly executed form provided by the City. The owner shall be responsible for notifying the City of any change in the agent’s status. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.080 DELINQUENT ACCOUNTS. The City shall have the right at its option to termi- nate service to the premises for which the account is delinquent, provided service is not to be terminated for those accounts which require utilities for the operation of life-sustaining machines or equipment. Such an exception shall require the submission of written docu- mentation of the requirement signed by a licensed phy- sician, following each notice of delinquency and must be submitted to and approved by the Director. Failure to receive a billing statement does not relieve the utility account from receiving charges or penalties. When an account becomes delinquent, the City shall provide written notice to the owner or agent noti- fying that the account is delinquent. The written notice shall contain the following infor- mation: date of termination which shall be no sooner than ten (10) days from notice; a statement of the reason for the proposed termination of service; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal with the City, and the rights of the property owner to dispute the proposed termination. The City shall visit the service address ten (10) days following the written notification and physically place a final notice of termination on the door of the residence. The notice shall contain the following information: the reason for termination of service; the time in which ser- vice will be discontinued which shall not be sooner than forty-eight (48) hours from final notice; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal disputing the proposed termination. Prior to the shut-off during the forty-eight (48) hour notice the tenant can request to continue service by pay- ing the current charges on the account. If payment is not received within forty-eight (48) hours following final notice, the service to the premises shall be terminated. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.085 TAMPERING WITH WATER SERVICE AFTER TERMINATION. A tampering fee shall be assessed to the account of any person that turns on a water service without autho- rization after it has been shut off by the City. Further incidents of tampering will cause the account to be assessed at twice the tampering fee for each additional occurrence. After any person has tampered in three (3) consec- utive occurrences, the City shall disable the water ser- vice in such a manner that there is a physical disconnection of the water service from the city water main. The account shall be charged a disabling fee for the cost to disconnect the service line. The fee shall include the total cost of labor, material, equipment and any administrative or overhead charges. (Ord. 5376 §6 (in part), 2019) 15.07-3 (Revised 10/19) Bremerton Municipal Code 15.07.130 15.07.090 LIENS. Any and all charges provided for in this chapter shall constitute a lien against the property served when the charges become delinquent and unpaid. Enforce- ment and collection of the lien shall include, but not be limited to, the right to discontinue service and deny ser- vice thereafter to any and all owners and/or occupants or tenants at the premises until the lien has been satisfied. In the case where the owner of the premises moves to another location within the service area or applies for service at a new location, service may be denied at such location until the lien at the first location has been satis- fied. The City shall file a lien against the property served at the office of the County Auditor for Kitsap County when a utility account becomes delinquent and unpaid. Such lien shall include the delinquent charges, a charge for the cost of preparing and filing said lien. Failure to receive a bill does not relieve an owner or user of the responsibility for payment of charges and penalties on the account. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.100 DEFERRED PAYMENT. A deferred payment arrangement may be extended to customers for the payment of delinquent accounts where the customer can demonstrate a temporary inabil- ity to make full payment. Customers who have failed to comply with previous payment arrangements, have a history of payment problems or fail to stay current in utility bills may be denied deferred payment arrange- ments or have arrangements terminated. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters caused by broken or leaking water service lines upon the premises of any customer, without knowledge or fault of the customer, an adjustment may be requested upon written application within a thirty (30) day period of receipt of the billing in question. All repairs must be completed satisfactorily and with documentation of sat- isfactory repair. For all repairs completed within sixty (60) days after notification of the leak, reduction in charges are limited to one-half of the excess water bill- ing and the entire excess sewer billing as determined by the City to be associated with the billing period in ques- tion. If the customer fails to make repairs within the sixty (60) days after the notification of the leak, the City will not make any adjustments to the customer’s account for any of the excessive water or sewer usage. If a customer disputes an adjustment, an appeal may be filed as set forth herein. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.120 METER FAILURE. In the event of a meter failing to register properly, the user shall be charged an estimate of the consumption from whatever may be considered the most reliable data or method available to the City. The adjustment may be for a period up to three (3) years. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.07.130 DISCONNECTION. No person or owner of any premises connected to the City’s water supply system shall disconnect the water on said premises, unless they shall first file a writ- ten request and pay all arrearages current on water usage for said premises. (Ord. 5376 §6 (in part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part), 1991) 15.08-1 (Revised 10/19) Bremerton Municipal Code 15.08.020 Chapter 15.08 APPEALS Sections: 15.08.010 APPEALS - DEPARTMENT OF FINANCIAL SERVICES. 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. 15.08.010 APPEALS - DEPARTMENT OF FINANCIAL SERVICES. A property owner, tenant or developer ("customer") shall have the right to appeal matters dealing with accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Department of Financial Ser- vices within fourteen (14) days of the notice of termina- tion. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The City shall be required to respond in writing to the appellant within thirty (30) days affirming or revers- ing its decision or requesting additional information for adjudication of the complaint. (Ord. 5376 §7 (part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 5103 §4 (part), 2010: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the City’s decision after a written complaint has been denied by the City under BMC 15.08.010 may, within fourteen (14) calen- dar days from the date that the City’s decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appropri- ate findings of fact and conclusions of law, affirm, mod- ify, or overrule the City’s decision, and may impose any terms thereupon. The decision of the Administrative Hearing Exam- iner shall be final. The customer and/or the City may seek review of the decision by the superior court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. (Ord. 5376 §7 (part), 2019: Ord. 5250 §1 (in part), 2014: Ord. 5103 §4 (part), 2010: Ord. 4547, Amended, 03/28/1996; Ord. 4526 §5, 1995; Ord. 4512 §4, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 20.42-5 (Revised 10/19) Bremerton Municipal Code 20.42.040 "Entertainment use" means an establishment with a primary function as a venue for entertainment activi- ties in an indoor facility, excluding motion picture the- aters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls/night clubs and similar uses. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communi- cation signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. (f) Definitions "F": "Fence" means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. "Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding com- panies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and devel- opers. "Foster home" means a dwelling unit in which a full-time resident provides temporary care and supervi- sion on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care. "Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. "Freestanding sign" means a sign which is designed solely for the purpose of directing motor vehi- cle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building. "Frontage" means the actual length of the front property line abutting a street or alley (if no street front- age), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. (g) Definitions "G": "Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or rec- reational vehicles. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil, including electric vehicle rapid charging stations. Gas stations include self-service and full-service operations. "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign’s structure. "Grade plane" and "grade, average final" means a horizontal reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. "Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling. "Gross floor area (g.f.a.)" means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches. "Group residential" means a place of residence for persons with physical, developmental or mental disabil- ities, homeless or otherwise dependent persons (not including dormitories), typically with shared living quarters without separate kitchen facilities for each room or unit. Group homes are intended to provide res- idential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. This classification includes group care residence for those whose perma- nent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities or detoxifi- cation centers. Group residential facilities are catego- rized as follows: (1) "Group residential home" means a resi- dential home in which a person or persons provide per- sonal care, special care, room, and board to more than one (1) but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportu- nity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B). (Revised 10/19)20.42-6 20.42.040 (2) "Group residential facility - Class I (assisted living)" means a group care residence for seven (7) or more children and/or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. (3) "Group residential facility - Class II" means a group care residence for juvenile delinquents, persons serving a sentence in lieu of confinement, per- sons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including prerelease, work-release, proba- tionary programs that are under the supervision of a court, state, or local agency and for housing of sexually violent predators as defined in RCW 71.09.020(18). Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. (h) Definitions "H": "Heavy industrial/manufacturing" means a land use involving assembly, construction, research and test- ing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial/manufactur- ing uses include extraction or refinement of raw materi- als, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazard- ous or volatile materials or chemicals. Production pro- cesses that produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts constitute heavy indus- trial/manufacturing. (See also "Light industrial/manu- facturing.") Height. Related to existing or proposed buildings, height is determined pursuant to BMC 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof. "Home occupation" means any nonresidential use carried out for monetary gain which is secondary to the use of the property for residential purposes, and which is operated in accordance with the home occupation standards of this code. "Homeowners’ association" means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. "Hospital" means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. "Hotel" and "lodging place" means an establish- ment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. "Household" means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typi- cally do not provide facilities for households. (i) Definitions "I": "Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. "Impervious surface" means any material which reduces or prevents absorption of stormwater into previ- ously undeveloped land. (See also "Paved surface.") "Incidental signs" means signs that are intended for the convenience of the public, which are informa- tional only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and sim- ilar signs, some of which may be required by law for safety purposes. "Incubator for business" means a facility that pro- vides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make prog- ress toward graduation to independence and relocation into permanent facilities. (j) Definitions "J": "Junk yard" means a place where discarded or sal- vaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards, house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. 20.42-6.1 (Revised 10/19) Bremerton Municipal Code 20.42.040 (k) Definitions "K": "Kennel" means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. 20.42-11 (Revised 10/19) Bremerton Municipal Code 20.42.040 "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" or "multi-modal sta- tion" means a dedicated transit facility where several transit routes converge, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric vehicle charging stations, and similar. The transportation facil- ity shall be owned, leased, or endorsed by a public tran- sit authority for the purpose of providing public transportation services. A transportation facility is designed to accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes or modes. A transportation facil- ity may provide transit passenger covered shelters and waiting areas, restrooms, and access for transit modes including buses, taxis and drop-off, and park and rides. (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 10/19)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 vehicle or equip- ment storage yards, or other functions that are not clearly a necessary or integral part of the religious insti- tution. (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. 5369 §3, 2019; Ord. 5351 §2, 2018; Ord. 5345 §§5-9, 2018; Ord. 5326 §4, 2017; Ord. 5319 §§3, 4, 2017; 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) 20.86-1 (Revised 10/19) Bremerton Municipal Code 20.86.060 Chapter 20.86 FREEWAY CORRIDOR (FC) Sections: 20.86.010 INTENT. 20.86.020 OUTRIGHT PERMITTED USES. 20.86.040 CONDITIONAL USES. 20.86.050 PROHIBITED USES. 20.86.060 DEVELOPMENT STANDARDS. 20.86.070 DESIGN STANDARDS. 20.86.080 PARKING REQUIREMENTS. 20.86.090 LANDSCAPING REQUIREMENTS. 20.86.100 SIGN STANDARDS. 20.86.010 INTENT. The intent of the freeway corridor (FC) zone is to identify areas for commercial activities that will typi- cally be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast-moving traffic, provide large areas for parking, and may include large-scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other tech- niques are used to mitigate the effects of the intense uses allowed in the FC zone on less intense adjacent uses. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.020 OUTRIGHT PERMITTED USES. In the freeway corridor zone all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.86.040, and those uses prohibited per BMC 20.86.050. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Heavy industrial/manufacturing, provided: (1) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (2) No unshielded light or glare will be visible during periods of darkness in a residential zone; (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commer- cial or residential lot; (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights-of-way or any adja- cent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to neg- atively impact visual character. (b) Adult business per BMC 20.46.110. (c) Group residential facility – Class II, provided: (1) The facility will not create an operational conflict with the efficiency of large-scale freeway-ori- ented commercial use; and (2) Neighborhood Protection Area. A site containing a Class II facility shall not be located within eight hundred eighty (880) feet from any parcel contain- ing an existing residential use, including multifamily and single-family units. The protection area shall not be applied to the residential uses on the east side of High- way 3. (Ord. 5369 §4, 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5177 §4, 2012: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.050 PROHIBITED USES. The following uses are prohibited in the freeway corridor zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.86.040; (b) Recreational vehicle park; (c) Junk yard; (e) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: twenty (20) feet; (b) Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adja- cent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (Revised 10/19)20.86-2 20.86.070 (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: sixty (60) feet. (Ord. 5364 §9, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §26, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residen- tial development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following crite- ria shall be applied to all primary building facades and facades facing public streets: (1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can be empha- sized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, store- front, canopies, or a combination. The top edge is high- lighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (3) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the minimum number of curb cuts required for safe and effi- cient vehicle circulation into and out of the site. (b) Secondary Design Features. Two (2) second- ary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of the front facade shall not extend for more than one hundred (100) feet, as measured from any one (1) point of the structure, without a significant architectural variation of at least five (5) feet in depth. (3) Facade Materials. At least three (3) differ- ent facade materials shall be incorporated into the exte- rior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Weather Protection. Recessed or protrud- ing building features, of no less than four (4) feet in depth, which extend along at least fifty (50) percent of the front facade. (Ord. 5319 §16, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Buffers and screening adjacent to rights-of- way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights-of-way by any combination of the following: (1) Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen hav- ing a minimum height of five (5) feet; (2) Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or (3) An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet; (b) Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufactur- ing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94-1 (Revised 10/19) Bremerton Municipal Code 20.94.060 Chapter 20.94 INDUSTRIAL (I) Sections: 20.94.010 INTENT. 20.94.020 OUTRIGHT PERMITTED USES. 20.94.030 CONDITIONAL USES. 20.94.050 PROHIBITED USES. 20.94.060 DEVELOPMENT STANDARDS. 20.94.080 PARKING REQUIREMENTS. 20.94.090 LANDSCAPING REQUIREMENTS. 20.94.100 SIGN STANDARDS. 20.94.010 INTENT. The intent of the industrial (I) zone is to accommo- date light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large-scale and/or heavy industries in a manner that reduces impact to the community while meeting industry’s needs for easy access, large sites, and loca- tions that do not cause conflicts with residential and other less intense use areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.020 OUTRIGHT PERMITTED USES. In the industrial zone, all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.94.030, and those uses prohibited per BMC 20.94.050. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §24, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.030 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit pursuant to BMC 20.58.020 is approved: (a) Junk yard, provided: (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height of ten (10) feet is provided along all lot lines. (b) Adult business as defined in BMC 20.46.110. (c) Group residential facility – Class II, provided: (1) The facility will not create an operational conflict with the efficiency of large-scale industrial uses; and (2) Neighborhood Protection Area. A site containing a Class II facility shall not be located within eight hundred eighty (880) feet from any parcel contain- ing an existing residential use, including multifamily and single-family units. (Ord. 5369 §5, 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.050 PROHIBITED USES. The following uses are prohibited in the industrial zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.94.030(c); (b) Recreational vehicle park; (c) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless otherwise allowed by law: (a) Minimum front yard setback: ten (10) feet, except twenty (20) feet where abutting or across a public right-of-way from a residential zone; (b) Minimum side yard setback: zero (0) except when adjacent to the low and medium density residen- tial zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0) except when adjacent to the low and medium density residen- tial zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, provided all setbacks and landscaping standards are met; (e) No maximum development coverage, provided all setbacks and landscaping standards are met; (f) Maximum building height: fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, pro- vided setback requirements are met; (g) Where abutting a residential zone, structures shall be set back one (1) additional foot for each addi- tional foot of height above thirty-five (35) feet. (Ord. 5364 §11, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: (Revised 10/19)20.94-2 20.94.080 Ord. 5046 §34, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.080 PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §35, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in Chap- ter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-13 (Revised 10/19) 5349 (Not used) 5350 Adds Ch. 2.07; amends Chs. 2.06 and 2.09, city departments (2.06, 2.07, 2.09) 5351 Amends §§ 20.42.040(p), 20.70.060 and 20.70.070, district center core (20.42, 20.70) 5352 Alley vacation (Special) 5353 Adds § 3.78.105, affordable housing capital fund (3.78) 5354 Adds Ch. 11.10; repeals § 11.12.085, complete streets (11.10) 5355 Amends §§ 3.48.030(e), 3.48.077, 3.50.020, 3.50.050 and 3.86.040, taxes (3.48, 3.50, 3.86) 5356 2019 tax levy (Special) 5357 Reestablishes rates and fees established by Res. 3297; repeals Res. 3297 (Not codified) 5358 Amends Ord. 5340, rates and fees for department of public works and utilities (Not codified) 5359 Amends § 3.50.050, utility taxes (3.50) 5360 Adopts 2019 budget (Special) 5361 Amends Ords. 4875, 5226, 5287 and 5337, energy franchise (Special) 5362 Amends 2018 budget (Special) 5363 Amends comprehensive plan and zoning map (Special) 5364 Amends Figure 20.40(a), §§ 20.50.040, 20.50.050, 20.60.010, 20.60.020, 20.60.060, 20.62.060, 20.70.060, 20.78.010, 20.78.060, 20.78.065, 20.86.060, 20.92.060, 20.94.060 and Zoning Maps 1 – 4, land use (20.40, 20.50, 20.60, 20.62, 20.70, 20.78, 20.86, 20.92, 20.94) 5365 Adds Ch. 6.11, vacant commercial building registration (6.11) 5366 Amends Ch. 20.10; repeals § 20.70.030, zoning (20.10) 5367 Amends 2019 budget (Special) 5368 Adds Ch. 6.20, carryout bags (6.20) 5369 Amends §§ 20.42.040(g), 20.86.040 and 20.94.030, group residential facilities (20.42, 20.86, 20.94) 5370 Amends § 13.04.140, liquor in city parks (13.04) 5371 Amends § 15.06.020 and department of public works and utilities rates and fees, service connection and expansion fees and charges (15.06) 5372 Bond issuance (Special) 5373 Adds Ch. 5.14, massage and reflexology businesses (5.14) 5374 Amends Ch. 15.03, wastewater (15.03) 5375 Revision to city boundaries (Special) 5376 Amends Chs. 15.01, 15.02, 15.04, §§ 15.05.050, 15.06.020, Chs. 15.07 and 15.08, municipal utilities (15.01, 15.02, 15.04, 15.05, 15.06, 15.07, 15.08) 5377 Sales and use tax for affordable and supportive housing (Not codified) 5378 Amends § 2.03.010, mayor’s compensation (2.03)