HomeMy WebLinkAbout31 bremerton0921_supp31SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 31 – September 2021
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 5429, passed September 1,
2021.
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 1
1.02-1 ....................................................................... 1.02-1
Title 2
2.50-3 – 2.50-5 .......................................... 2.50-3 – 2.50-5
Title 3
3.48-3 – 3.48-6 .......................................... 3.48-3 – 3.48-6
3.48-11 – 3.48-12 .................................. 3.48-11 – 3.48-12
3.48-15 – 3.48-16 ............................... 3.48-15 – 3.48-16.1
3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3
Title 5
5.02-1 – 5.02-4 .......................................... 5.02-1 – 5.02-4
5.03-1 – 5.03-2 ....................................... 5.03-1 – 5.03-2.1
5.06-1 – 5.06-2 ....................................... 5.06-1 – 5.06-2.1
5.16-1 – 5.16-2 .......................................... 5.16-1 – 5.16-2
5.17-1 – 5.17-2 .......................................... 5.17-1 – 5.17-2
5.22-1 ....................................................................... 5.22-1
5.36-1 ....................................................................... 5.36-1
5.96-1 – 5.96-2 .......................................... 5.96-1 – 5.96-2
Title 6
Table of Contents .................................. Table of Contents
6.20-1 – 6.20-2 ............................................................... —
Title 10
10.10-3 – 10.10-4 .................................. 10.10-3 – 10.10-4
10.42-1 – 10.42-2 .................................. 10.42-1 – 10.42-2
Title 15
15.01-1 – 15.01-4 .................................. 15.01-1 – 15.01-4
15.01-7 – 15.01-11 .............................. 15.01-7 – 15.01-11
15.02-1 – 15.02-4 ............................... 15.02-1 – 15.02-4.1
15.03-3 – 15.03-4 .................................. 15.03-3 – 15.03-4
15.04-1 – 15.04-4 .................................. 15.04-1 – 15.04-4
(Revised 9/21)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 20
20.12-1 – 20.12-2 ................................ 20.12-1 – 20.12-2.1
20.12-7 – 20.12-8 ................................. 20.12-7 – 20.12-10
20.14-5 – 20.14-22 ............................ 20.14-5 – 20.14-22.2
20.14-27 – 20.14-28 ........................... 20.14-27 – 20.14-28
20.14-35 – 20.14-44 ........................... 20.14-35 – 20.14-44
20.44-3 – 20.44-4 ................................ 20.44-3 – 20.44-4.1
20.46-2.1 – 20.46-4 ............................. 20.46-3 – 20.46-4.1
20.60-5 ................................................................... 20.60-5
20.78-3 – 20.78-4 ................................... 20.78-3 – 20.78-5
Tables
13 – 14 ................................................................... 13 – 14
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 9/21)
1.02-1 (Revised 9/21)
Chapter 1.02
CITY BUSINESS HOURS
Sections:
1.02.010 CITY OFFICE HOURS.
1.02.020 LEGAL HOLIDAYS.
1.02.010 CITY OFFICE HOURS.
City offices, which routinely conduct business with
the public, shall be open for the transaction of business
between the hours of 8:00 a.m. and 5:00 p.m. of each
business day from Monday through Friday, unless oth-
erwise posted. These offices shall be closed on Satur-
day, Sunday and holidays. (Ord. 4889 §1, 2004; Ord.
4384 §1, 1992; Ord. 4374 §2 (in part), 1992. Formerly
2.02.010)
1.02.020 LEGAL HOLIDAYS.
(a) The following holidays are adopted as legal
holidays for the City: The first day of January (New
Year’s Day); the third Monday of January (Martin
Luther King, Jr.’s Birthday); the third Monday of Feb-
ruary (President’s Day); the last Monday of May
(Memorial Day); the nineteenth day of June (June-
teenth); the fourth day of July (Independence Day); the
first Monday in September (Labor Day); the eleventh
day in November (Veteran’s Day); the fourth Thursday
and Friday in November (Thanksgiving holiday); the
twenty-fifth day of December (Christmas Day); and any
other day designated by public proclamation of the
Chief Executive of the State as a legal holiday or as a
day of thanksgiving.
(b) Whenever a legal holiday falls upon a Sunday,
the following Monday shall be a legal holiday, and
whenever any legal holiday falls upon a Saturday, the
preceding Friday shall be a legal holiday. (Ord. 5425
§ 1, 2021; Ord. 4889 §1, 2004; Ord. 4374 §2 (in part),
1992. Formerly 2.02.020)
2.50-3 (Revised 9/21)
approved by the City Council. (Ord. 4551, Added,
05/23/1996)
2.50.040 WORK SCHEDULES AND LEAVE
BENEFITS.
(a) Work Schedules. Full-time managers and pro-
fessional staff shall arrange such work schedules as are
needed for the effective accomplishment of work and
which shall be the equivalent of forty (40) hours per
week, including paid holiday, vacation and sick leave
time. The work schedules of part-time managers and
professional staff shall be apportioned accordingly.
Alternative work schedules to the forty (40) hour week
may be authorized by the department director and
Human Resources Manager. Managers and professional
staff may be called back to their work place at any time
to respond to emergencies. Managers and professional
staff covered by this program are noncovered or exempt
from the Fair Labor Standards Act’s overtime provi-
sions.
(b) Holiday Time. Managers and professional staff
shall receive a full day of time off without loss of com-
pensation for each holiday observed by the City on the
day the City observes the holiday and one additional
floating holiday. Holidays observed by the City are:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas
In addition, similar time off without loss of com-
pensation is granted for any other holiday which the
City Council takes specific official action to observe.
(c) Vacation.
(1) Vacation Leave. Managers and profes-
sional staff shall be granted vacation time off without
loss of compensation based upon years of employment
in management or professional position(s) as follows:
Upon hire and with the approval of the Mayor,
the vacation leave time granted a new staff member may
be set at twenty (20) days or if a current City employee
at twenty-five (25) days unless otherwise approved by
City Council.
(2) Vacation Availability - Adjustment at
Hire or Separation. Annual vacation leave is granted in
full on January 1 of each calendar year; however, a pro
rata increase shall accrue on the employee’s anniversary
date in the year the employee qualifies for a larger vaca-
tion benefit. Managers and professional staff who are
hired or who separate from employment with the City
within a budget year receive vacation days on a pro-
rated basis which covers the time of employment.
(3) Vacation Eligibility. Vacation time is
taken in segments of one (1) whole day or more. Vaca-
tion leave available to a manager or professional staff
member at the beginning of a vacation leave is to be suf-
ficient to cover any vacation time to be taken.
(4) Maximum Unused Vacation. The maxi-
mum vacation time that shall be allowed to carry for-
ward from one calendar year to the next is as follows:
In the event a manager or professional staff
member has not reduced his or her vacation balance to
the maximum allowable carryover at the end of a calen-
dar year, excessive days are forfeited unless the Mayor
grants an extension of time beyond the end of the calen-
dar year during which all vacation days which exceed
the maximum allowable carryover are to be taken.
(5) Vacation Pay-Out. Upon separation from
City employment, unused vacation time will be paid to
the manager or professional staff member in a cash pay-
ment as follows:
i. Prorated Adjustment. Vacation time
balance accrued during the year of separation and
adjusted pursuant to subsection (c)(2) of this section;
plus
ii. Allowable Carryover Balance. The
maximum allowable vacation time carryover estab-
lished in subsection (c)(4) of this section. Any unused
vacation leave exceeding the maximum allowable car-
ryover that has been approved by the Mayor for carry-
over pursuant to subsection (c)(4) of this section is not
eligible for cash out.
(d) Sick Leave.
(1) Accrual. Sick leave is accrued at the rate
of twelve (12) full days per year and is proportionately
credited to sick leave balances each pay period.
through 2 full years 15 days (120 hours)
through 5 full years 20 days (160 hours)
after 5 full years and
thereafter
25 days (200 hours)
Years of
Continuous Employment Maximum Balance
0 through 5 years 20 days (160 hours)
more than 5 years 30 days (240 hours)
(Revised 9/21)2.50-4
(2) Maximum Sick Leave Balance. Sick leave
may be accrued to a maximum of one hundred twenty-
five (125) days. Upon reaching a maximum of one hun-
dred twenty-five (125) days, no further accrual is added
until such time as sick leave time is taken. Accrued sick
leave time is provided as a form of self-insured short-
term disability coverage and no cash payment for
unused sick leave time is made under any circumstances
except as set forth in subsections (d)(9) and (10) of this
section.
(3) Banked Sick Leave for Certain Managers
and Professional Staff. Any person covered by this pro-
gram who was employed by the City on January 20,
1985, and who had accrued, unused sick leave time set
aside in a sick leave bank at that time shall have the
banked time remain on record and made available for
his or her use. Upon service retirement from City ser-
vice, the person shall receive payment of thirty-five (35)
percent of banked sick leave time to a maximum of one
hundred twenty (120) banked days (a maximum of
forty-two (42) paid days). In the event the person dies
while employed with the City, the person’s estate shall
be paid for all days of banked time.
(4) Sick Leave Incentive. Anyone who takes
two (2) days or less of sick leave in a full calendar year
shall have one (1) day added to his or her vacation leave
balance at the beginning of the following calendar year.
(5) Sick Leave Use. Sick leave is charged in
one (1) day segments and must be accrued prior to use
in order to qualify for paid sick leave time off. Shorter
periods of absence due to any of the reasons provided
below are administered by the Mayor under subsection
(a) of this section and are not charged to sick leave bal-
ances for salaried employees. Sick leave is available up
to the amount of accrued sick leave balance days and
may be used for:
i. Temporary disability resulting from
personal illness or injury.
ii. Providing care for children under the
age of eighteen (18) when they have a health condition
that requires parental supervision or treatment.
iii. Attending medical, dental and/or ocu-
list appointments as needed for preventive or rehabilita-
tive health personal care or a child’s care, when such
care requires parental presence to supervise or authorize
treatment.
iv. Pursuant to the Family Leave Act, to
care for a sick child or other family member (spouse,
parent, parent-in-law or grandparent).
(6) Notification of Sick Leave Use. A person
who is absent or expects to be absent from work due to
causes specified in subsection (d)(5) of this section is to
promptly notify the City by telephone or otherwise by
9:00 a.m., if possible, of the day of his or her scheduled
work day.
(7) Sick Leave During Authorized Paid
Leave. A person who becomes ill or is injured during
paid vacation may request the conversion of the vaca-
tion leave to sick leave with pay by promptly notifying
the City of the illness or injury and providing such infor-
mation as is required by the City to verify the appropri-
ateness of such a conversion.
(8) Sick Leave Documentation and Approval.
Within three (3) days after returning to work, a person
who has been absent on sick leave is to submit such
forms and provide such information as is required by the
City to approve the payment of sick leave. The Mayor
may require a person to demonstrate that he or she has
sought treatment or require other verification needed to
assure that the person is fit for duty or as needed to
approve paid sick leave for the absence.
(9) Sick Leave Retirement Payment. An
employee who retires from City service on a PERS or
LEOFF service or disability retirement shall be pro-
vided a sick leave retirement payment at thirty-five (35)
percent of the employee’s accrued and unused sick leave
hours to a maximum of thirty-five (35) percent of nine
hundred sixty (960) hours (a maximum total of three
hundred thirty-six (336) hours). The payment will be
made to the employee at the employee’s regular hourly
wage rate in effect at the time of retirement.
(10)Payment of Sick Leave Upon Death. In the
event of the death of an employee, the employee’s estate
shall be paid for the total accrued and unused sick leave
hours at the employee’s regular hourly wage rate in
effect at the time of death.
(e) Bereavement Leave. Three (3) days of
bereavement leave are allowed for attending funerals in
the State of Washington and five (5) days for attending
out of State funerals upon the death of a member of the
immediate family. The first three (3) days of time off for
bereavement leave will be compensated at the
employee’s current salary. The additional two (2) days
of time off for bereavement leave shall be charged
against the employee’s vacation, floating holiday, sick
leave or compensatory time leave balance at the option
of the employee. Immediate family is defined as spouse,
State registered domestic partner, child, stepchild,
mother, father, step-parents, mother/father in-law,
brother, sister, brother/sister in-law, grandparents and
grandchildren of both an employee and his or her
spouse.
(f) Jury Duty, Witness Leave. Leave of absence
with pay for the purpose of reporting to jury duty or if
subpoenaed as a witness for the City is provided. Any
juror or witness fees received by a person for the perfor-
mance of such duties shall be assigned to the City.
2.50-5 (Revised 9/21)
(g) Military Leave. A leave of absence with pay
for a period not to exceed twenty-one (21) working days
is granted for the purpose of responding to training
orders as a member of the organized military reserves of
the United States or of the State of Washington.
(h) Administrative Leave. The Mayor may place
any manager or professional staff member on paid
administrative leave for up to thirty (30) working days
under circumstances which make it appropriate that the
person be absent from the work place during the inves-
tigation, resolution or pendency of procedures appropri-
ate to the circumstances involving the manager or
professional staff member. The Mayor may place other
lawful conditions upon the person on administrative
leave as are deemed appropriate by the Mayor.
(i) Leave of Absence. A leave of absence without
compensation may be granted by the Mayor for a period
of up to thirty (30) working days and may be subse-
quently extended with the approval of the City Council.
Any leave of absence greater than thirty (30) days will
be without compensation and benefits unless required
by law. (Ord. 5425 § 2, 2021; Ord. 5210 §2, 2013: Ord.
5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord.
4305 §1 (in part), 1991)
2.50.050 DEFERRED
COMPENSATION/INSURANCE
OPTIONS.
The City will contribute a total of four percent (4%)
of gross salary to options selected by each person from
City deferred compensation and/or tax exempt benefits
made available through approved City policies. (Ord.
4305 §1 (in part), 1991)
2.50.060 RETIREMENT BENEFITS.
Each manager or professional staff member cov-
ered by this program will be enrolled in the Federal
OASDI and/or State of Washington LEOFF I or II, or
PERS I, II or III, or PSERS retirement system for which
he or she qualifies. Contributions to the respective
retirement systems by the City and by each employee
will be made in conformance with Federal FICA Laws
and State Retirement Laws. (Ord. 5210 §4, 2013: Ord.
4305 §1 (in part), 1991)
2.50.070 MEDICAL AND DENTAL
INSURANCE BENEFITS.
(a) A manager or professional staff member cov-
ered by this program and who qualifies for and is a
member of the LEOFF I or II, and PERS I, II or III State
Retirement Systems has the same medical and dental
insurance plans, coverages and premium payments
made available to him or her as are granted to the repre-
sented employees employed in his or her department
who are included in that particular system. A manager or
professional staff member who can provide documenta-
tion of alternative medical insurance coverage may elect
to receive two hundred fifty dollars ($250.00) per month
in lieu of enrolling in a medical plan offered by the City.
The City will pay one hundred (100) percent of the cost
of coverage for employees and dependents for vision
coverage provided through the Association of Washing-
ton Cities.
(b) The City will offer short-term disability insur-
ance coverage to management and professional employ-
ees on a voluntary basis, which will be paid by the
employee through payroll deduction. (Ord. 5210 §3,
2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991)
2.50.080 WORKERS’ COMPENSATION.
Each manager and staff member shall receive such
workers’ compensation benefits as are provided by the
City pursuant to State laws. A manager or staff member
who incurs a work-related illness or injury and who
qualifies to receive workers’ compensation benefits
shall be allowed to use accrued sick leave to supplement
the workers’ compensation benefits so as to provide the
same salary he or she would have received for full-time
active service, taking into account that workers’ com-
pensation payments are not subject to federal or social
security taxes. In no event shall the combination of
workers’ compensation and sick leave exceed the
amount of an employee’s regular salary at any time of
the disability period. (Ord. 4305 §1 (in part), 1991)
2.50.090 SEVERANCE PAY.
Unless otherwise provided pursuant to the City
Charter, ordinance, or civil service rule or regulation as
applicable, a manager or professional staff member may
be separated from employment without cause ("at will")
from a position included in this program upon receiving
thirty (30) calendar days’ written notice of separation or
pay in lieu of all or part of said notice. A person so sep-
arated shall not have the right to displace any other per-
son employed by the City by virtue of employment in a
management or professional position. The person so
separated shall receive severance pay upon separation
based upon years of employment with the City as fol-
lows:
(a) Through two (2) full years of employment: two
(2) months’ severance pay.
(b) Through five (5) full years of employment: two
and one-half (2.5) months’ severance pay.
(c) Over five (5) years of employment: three (3)
months’ severance pay. (Ord. 4810, Amended,
09/14/2002; Ord. 4305 §1 (in part), 1991)
3.48-3 (Revised 9/21)
(4) Any person who purchases, acquires, or
uses any personal, business, or professional service
defined as a retail sale or retail service in this section
other than for resale in the regular course of business;
(5) Any person who is an end user of soft-
ware;
(6) Any person engaged in the business of
"public road construction" in respect to tangible per-
sonal property when that person incorporates the tangi-
ble personal property as an ingredient or component of
a publicly owned street, place, road, highway, easement,
right-of-way, mass public transportation terminal or
parking facility, bridge, tunnel, or trestle by installing,
placing or spreading the property in or upon the right-of-
way of a publicly owned street, place, road, highway,
easement, bridge, tunnel, or trestle or in or upon the site
of a publicly owned mass public transportation terminal
or parking facility;
(7) Any person who is an owner, lessee or has
the right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has
the right of possession to personal property which is
being constructed, repaired, improved, cleaned,
imprinted, or otherwise altered by a person engaged in
business;
(9) Any person engaged in government con-
tracting. Any such person shall be a consumer within the
meaning of this definition in respect to tangible personal
property incorporated into, installed in, or attached to
such building or other structure by such person. Nothing
contained in this or any other subsection of this defini-
tion shall be construed to modify any other definition of
"consumer."
(d) Definitions "D":
"Deficiency" means the amount of tax imposed by
law less any tax reported by the taxpayer on a tax return.
"Delivery" means the transfer of possession of tan-
gible personal property between the seller and the buyer
or the buyer’s representative. Delivery to an employee
of a buyer is considered delivery to the buyer. Transfer
of possession of tangible personal property occurs when
the buyer or the buyer’s representative first takes physi-
cal control of the property or exercises dominion and
control over the property. "Dominion and control"
means the buyer has the ability to put the property to the
buyer’s own purposes. It means the buyer or the buyer’s
representative has made the final decision to accept or
reject the property, and the seller has no further right to
possession of the property and the buyer has no right to
return the property to the seller, other than under a war-
ranty contract. A buyer does not exercise dominion and
control over tangible personal property merely by
arranging for shipment of the property from the seller to
itself. A buyer’s representative is a person, other than an
employee of the buyer, who is authorized in writing by
the buyer to receive tangible personal property and take
dominion and control by making the final decision to
accept or reject the property. Neither a shipping com-
pany nor a seller can serve as a buyer’s representative. It
is immaterial where the contract of sale is negotiated or
where the buyer obtains title to the property. Delivery
terms and other provisions of the Uniform Commercial
Code (RCW Title 62A) do not determine when or where
delivery of tangible personal property occurs for pur-
poses of taxation.
"Department" means the Department of Commu-
nity Development unless otherwise noted.
"Digital automated service," "digital code," and
"digital goods" have the same meaning as in RCW
82.04.192.
"Digital products" means digital goods, digital
codes, digital automated services, and the services
described in RCW 82.04.050(2)(g) and (6)(b).
"Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(e) Definitions "E":
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of
engaging in business activities within BMC 3.48.050;
and
(2) Is measured by the gross volume of busi-
ness, in terms of gross receipts and is not an income tax
or value added tax; and
(3) Is not, pursuant to law or custom, sepa-
rately stated from the sales price; and
(4) Is not a sales or use tax, business license
fee, franchise fee, royalty or severance tax measured by
volume or weight, or concession charge, or payment for
the use and enjoyment of property, property right or a
privilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other nonlocal
jurisdiction above the county level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means
commencing, conducting, or continuing in business and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This definition sets forth examples of
activities that constitute engaging in business in the City
and establishes safe harbors for certain of those activi-
ties so that a person who meets the criteria may engage
in de minimis business activities in the City without
having to register and obtain a business license or pay
(Revised 9/21)3.48-4
City business and occupation taxes. The activities listed
in this definition are illustrative only and are not
intended to narrow the definition of "engaging in busi-
ness" in subsection (1) of this definition. If an activity is
not listed, whether it constitutes engaging in business in
the City shall be determined by considering all the facts
and circumstances and applicable law.
(3) Without being all-inclusive, any one (1) of
the following activities conducted within the City by a
person or its employee, agent, representative, indepen-
dent contractor, broker or another acting on its behalf
constitutes engaging in business and requires a person to
register and obtain a business license pursuant to Chap-
ter 5.02 BMC:
(a) Owning, renting, leasing, maintain-
ing, or having the right to use, or using, tangible per-
sonal property, intangible personal property, or real
property permanently or temporarily located in the City.
(b) Owning, renting, leasing, using, or
maintaining an office, place of business, or other estab-
lishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing mainte-
nance on service to real or tangible personal property,
including warranty work and property maintenance.
(e) Providing technical assistance or ser-
vice, including quality control, product inspections,
warranty work, or similar services on or in connection
with tangible personal property sold by the person or on
its behalf.
(f) Installing, constructing, or supervis-
ing installation or construction of real or tangible per-
sonal property.
(g) Soliciting, negotiating, or approving
franchise, license, or other similar agreements.
(h) Collecting current or delinquent
accounts.
(i) Picking up and transporting tangible
personal property, solid waste, construction debris, or
excavated materials.
(j) Providing disinfecting and pest con-
trol services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services, including the listing of
homes and managing real property.
(k) Rendering professional services such
as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, psychologists, court reporters, dentists,
doctors, detectives, laboratory operators, teachers, and
veterinarians.
(l) Meeting with customers or potential
customers, even when no sales or orders are solicited at
the meetings.
(m) Training or recruiting employees,
agents, representatives, independent contractors, bro-
kers or others, domiciled or operating on a job in the
City, acting on its behalf, or for customers or potential
customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating
products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took
place.
(p) Except as provided in subsection (5)
of this definition, delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(4) Not Engaging in Business. If a person, or
its employee, agent, representative, independent con-
tractor, broker or another acting on the person’s behalf,
engages in no other activities in or with the City but the
following, that person is not engaging in business and
therefore is not required to register and obtain a City
business license pursuant to Chapter 5.02 BMC or pay
City business and occupation taxes pursuant to this
chapter:
(a) Meeting with suppliers of goods and
services as a customer.
(b) Meeting with government representa-
tives in their official capacity, other than those perform-
ing contracting or purchasing functions.
(c) Attending meetings, such as board
meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training
in connection with tangible personal property sold by
the person or on its behalf.
(d) Renting tangible or intangible prop-
erty as a customer when the property is not used in the
City.
(e) Attending, but not participating in, a
trade show or multiple vendor events. Persons partici-
pating at a trade show shall review the City’s trade show
or multiple vendor event ordinances.
(f) Conducting advertising through the
mail.
(g) Soliciting sales by phone from a loca-
tion outside the City.
(h) Providing language interpretive ser-
vices to the Bremerton Municipal Court.
(5) A business located outside the City merely
delivering goods into the City by common carrier or
other means, including use of its own vehicles, is not
required to register and obtain a business license; pro-
vided, that it engages in no other business activities in
the City. Such business activities do not include those in
subsection (4) of this definition.
(6) Threshold Exemption - Fee-Free
License/Registration. To the extent set forth in this defi-
3.48-5 (Revised 9/21)
nition, the following persons and businesses shall be
exempt from the registration, license and/or license fee
requirements as follows:
(a) Except as set forth in subsection
(6)(b) of this definition, any person or business whose
annual value of products, gross proceeds of sales, or
gross income of the business in the City is equal to or
less than two thousand dollars ($2,000) and who does
not maintain a place of business within the City shall be
exempt from the general business license requirements
of Chapter 5.02 BMC and this chapter.
(b) Any person or business operating as a
utility provider subject to utility taxes pursuant to Chap-
ter 3.50 BMC whose annual value of products, gross
proceeds of sales, or gross income of the business in the
City is equal to or less than two thousand dollars
($2,000) and who does not maintain a place of business
within the City shall submit a business license registra-
tion to the Tax and Licensing Division. No license fee
shall be assessed for the business license registration.
(7) Nexus. A person has created nexus with
the City if, whether by itself or by its employees, agents,
representatives, independent contractors, brokers or oth-
ers acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the
market within the City; or
(c) Avails itself of the economic benefits
of the City.
The City expressly intends that engaging in busi-
ness includes any activity sufficient to establish nexus
for purposes of applying the tax under the law and the
Constitutions of the United States and the State of
Washington. Nexus is presumed to continue as long as
the taxpayer benefits from the activity that constituted
the original nexus-generating contact or subsequent
contacts.
"Extracting" is the activity engaged in by an
extractor and is reportable under the extracting classifi-
cation.
"Extractor" means every person who from the per-
son’s own land or from the land of another under a right
or license granted by lease or contract, either directly or
by contracting with others for the necessary labor or
mechanical services, for sale or for commercial or
industrial use, mines, quarries, takes or produces coal,
oil, natural gas, ore, stone, sand, gravel, clay, mineral or
other natural resource product; or fells, cuts or takes tim-
ber, Christmas trees, other than plantation Christmas
trees, or other natural products; or takes fish, or takes,
cultivates, or raises shellfish, or other sea or inland
water foods or products. "Extractor" does not include
persons performing under contract the necessary labor
or mechanical services for others; persons cultivating or
raising fish entirely within confined rearing areas on the
person’s own land or on land in which the person has a
present right of possession; or persons who fell, cut, or
take plantation Christmas trees from the person’s own
land or from land in which the person has a present right
of possession; or persons meeting the definition of
"farmer."
"Extractor for hire" means a person who performs
under contract necessary labor or mechanical services
for an extractor.
(f) Definitions "F":
"Farmer" means any person engaged in the busi-
ness of growing or producing, upon the person’s own
lands or upon the lands in which the person has a present
right of possession, any agricultural product whatsoever
for sale. "Farmer" does not include a person using such
products as ingredients in a manufacturing process, or a
person growing or producing such products for the per-
son’s own consumption. "Farmer" does not include a
person selling any animal or substance obtained there-
from in connection with the person’s business of operat-
ing a stockyard or a slaughter or packing house.
"Farmer" does not include any person in respect to the
business of taking, cultivating, or raising timber.
(g) Definitions "G":
"Gross income of the business" means the value
proceeding or accruing by reason of the business activ-
ity engaged in and includes gross proceeds of sales,
compensation for the rendition of services, gains real-
ized from trading in stocks, bonds, or other evidences of
indebtedness, interest, discounts, rents, royalties, fees,
commissions, dividends, and other emoluments how-
ever designated, all without any deduction on account of
the cost of tangible property sold, the cost of materials
used, labor costs, interest, discounts, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"Gross proceeds of sales" means the value pro-
ceeding or accruing from the sale of tangible personal
property, digital goods, digital codes, digital automated
services or for other services rendered, without any
deduction on account of the cost of property sold, the
cost of materials used, labor costs, interest, discounts
paid, delivery costs, taxes, or any other expense whatso-
ever paid or accrued and without any deduction on
account of losses.
(h) Definitions "H": Reserved.
(i) Definitions "I":
"In this City" or "within this City" includes all
federal areas lying within the corporate City limits of the
City.
(j) Definitions "J":
"Janitorial services" shall mean those cleaning
and caretaking services ordinarily performed by com-
mercial janitor service businesses including, but not
limited to, wall and window washing, floor cleaning and
waxing, and the cleaning in place of rugs, drapes and
upholstery. The term does not include painting, paper-
(Revised 9/21)3.48-6
ing, repairing, furnace or septic tank cleaning, snow
removal, sandblasting, or cleanup related to construc-
tion activities.
(k) Definitions "K": Reserved.
(l) Definitions "L": Reserved.
(m) Definitions "M":
"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who,
either directly or by contracting with others for the nec-
essary labor or mechanical services, manufactures for
sale or for commercial or industrial use from the per-
son’s own materials or ingredients any products. When
the owner of equipment or facilities furnishes, or sells to
the customer prior to manufacture, materials or ingredi-
ents equal to less than twenty (20) percent of the total
value of all materials or ingredients that become a part
of the finished product, the owner of the equipment or
facilities will be deemed to be a processor for hire and
not a manufacturer. A business not located in this City
that is the owner of materials or ingredients processed
for it in this City by a processor for hire shall be deemed
to be engaged in business as a manufacturer in this City.
(2) "To manufacture" means all activities of a
commercial or industrial nature wherein labor or skill is
applied, by hand or machinery, to materials or ingredi-
ents so that as a result thereof a new, different or useful
product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special-made or
custom-made articles;
(b) The production of dental appliances,
devices, restorations, substitutes, or other dental labora-
tory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock,
sand, stone, gravel, or ore; and
(d) The producing of articles for sale, or
for commercial or industrial use from raw materials or
prepared materials by giving such materials, articles,
and substances of trade or commerce new forms, quali-
ties, properties or combinations including, but not lim-
ited to, such activities as making, fabricating,
processing, refining, mixing, slaughtering, packing,
aging, curing, mild curing, preserving, canning, and the
preparing and freezing of fresh fruits and vegetables.
"To manufacture" shall not include the produc-
tion of digital goods or the production of computer soft-
ware if the computer software is delivered from the
seller to the purchaser by means other than tangible stor-
age media, including the delivery by use of a tangible
storage media where the tangible storage media is not
physically transferred to the purchaser.
"Manufacturing" means the activity conducted
by a manufacturer and is reported under the manufactur-
ing classification.
(n) Definitions "N":
"Newspaper," "magazine," "periodical."
(1) "Newspaper" means a publication offered
for sale regularly at stated intervals at least once a week
and printed on newsprint in tabloid or broadsheet format
folded loosely together without stapling, glue, or any
other binding of any kind.
(2) "Magazine" or "periodical" means any
printed publication, other than a newspaper, issued and
offered for sale regularly at stated intervals at least once
every three (3) months, including any supplement or
special edition of the publication. Any publication meet-
ing this definition qualifies regardless of its content.
"Nonprofit corporation or nonprofit organiza-
tion" means a corporation or organization in which no
part of the income can be distributed to its members,
directors, or officers and that holds a current tax exempt
status as provided under Section 501(c)(3) of the Inter-
nal Revenue Code, as hereafter amended, or is specifi-
cally exempted from the requirement to apply for its tax
exempt status under Section 501(c)(3) of the Internal
Revenue Code, as hereafter amended. Where the term
"nonprofit organization" is used, it is meant to include a
nonprofit corporation.
(o) Definitions "O":
"Office" or "place of business" means a fixed
location or permanent facility where the regular busi-
ness of the person is conducted and which is either
owned by the person or over which the person exercises
legal dominion and control. The regular business of the
person is presumed conducted at a location:
(1) Whose address the person uses as its busi-
ness mailing address;
(2) Containing a telephone line listed in a pub-
lic telephone directory or other similar publication
under the business name;
(3) Where the person holds itself out to the
general public as conducting its regular business
through signage or other means; and
(4) Where the person is required to obtain any
appropriate State and local business license or registra-
tion unless they are exempted by law from such require-
ment.
A vehicle such as a pick-up, van, truck, boat or
other motor vehicle is not an office or place of business.
A post office box is not an office or place of business.
If a person has an office or place of business,
the person’s home is not an office or place of business
unless it meets the criteria for office or place of business
above. If a person has no office or place of business, the
person’s home or apartment within the City will be
deemed the place of business.
(p) Definitions "P":
"Person" means any individual, receiver, adminis-
trator, executor, assignee, trustee in bankruptcy, trust,
estate, firm, co-partnership, joint venture, club, com-
pany, joint stock company, business trust, municipal
3.48-11 (Revised 9/21)
eign degree-granting institution in compliance with
Chapter 28B.90 RCW, and in accordance with RCW
82.04.4332 or defined as a degree-granting institution
under RCW 28B.85.010(3) and accredited by an accred-
iting association recognized by the United States Secre-
tary of Education, and offering to students an
educational program of a general academic nature or
those institutions which are not operated for profit and
which are privately endowed under a deed of trust to
offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other
trade schools, or similar institutions.
(u) Definitions "U": Reserved.
(v) Definitions "V":
"Value of products."
(1) The value of products, including by-prod-
ucts, extracted or manufactured, shall be determined by
the gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-prod-
ucts, are extracted or manufactured for commercial or
industrial use; and where such products, including by-
products, are shipped, transported or transferred out of
the City, or to another person, without prior sale or are
sold under circumstances such that the gross proceeds
from the sale are not indicative of the true value of the
subject matter of the sale; the value shall correspond as
nearly as possible to the gross proceeds from sales in
this state of similar products of like quality and charac-
ter, and in similar quantities by other taxpayers, plus the
amount of subsidies or bonuses ordinarily payable by
the purchaser or by any third person with respect to the
extraction, manufacture, or sale of such products. In the
absence of sales of similar products as a guide to value,
such value may be determined upon a cost basis. In such
cases, there shall be included every item of cost attribut-
able to the particular article or articles extracted or man-
ufactured, including direct and indirect overhead costs.
The Director may prescribe rules for the purpose of
ascertaining such values.
(3) Notwithstanding subsection (2) of this
definition, the value of a product manufactured or pro-
duced for purposes of serving as a prototype for the
development of a new or improved product shall corre-
spond to (a) the retail selling price of such new or
improved product when first offered for sale; or (b) the
value of materials incorporated into the prototype in
cases in which the new or improved product is not
offered for sale.
"Value proceeding or accruing" means the con-
sideration, whether money, credits, rights, or other prop-
erty expressed in terms of money, a person is entitled to
receive or which is actually received or accrued. The
term shall be applied, in each case, on a cash receipts or
accrual basis according to which method of accounting
is regularly employed in keeping the books of the tax-
payer.
(w) Definitions "W":
"Wholesaling" means engaging in the activity of
making sales at wholesale, and is reported under the
wholesaling classification.
(x) Definitions "X": Reserved.
(y) Definitions "Y": Reserved.
(z) Definitions "Z": Reserved. (Ord. 5421 §1,
2021; Ord. 5355 §1, 2018; Ord. 5344 §1, 2017: Ord.
5201 §2 (part), 2012: Ord. 5139 §1, 2011: Ord. 5044 §1,
2008: Ord. 5028 §1 (part), 2007: Ord. 4988 §1, 2006;
Ord. 4924 §1, 2004; Ord. 4843, Added, 01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees,
bailees, factors or auctioneers having either actual or
constructive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
(Revised 9/21)3.48-12
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met, the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
received by an agent for the account of its principal as
advances or reimbursements are exempted from the
measure of the tax only when the agent is not primarily
or secondarily liable to pay for the services procured.
Any person who claims to be acting merely as agent
in obtaining services for a principal will have such claim
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the agent show
that the services were obtained in the name and for the
account of the principal, and show the actual principal
for whom the purchase was made.
(b) The books and records show the amount of
the service that was obtained for the principal, the
amount of commissions and any other income derived
by the agent for acting as such. Amounts received from
the principal as advances and reimbursements must not
be reflected as the agent’s income on any of the agent’s
books and records. Commissions must be computed
according to a set percentage or amount, which is agreed
upon in the agency agreement. (Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added,
01/03/2003)
3.48.050 IMPOSITION OF THE TAX - TAX
OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied.
Except as provided in subsection (2) of this section,
there is hereby levied upon and shall be collected from
every person a tax for the act or privilege of engaging in
business activities within the City, whether the person’s
office or place of business be within or without the City.
The tax shall be in amounts to be determined by appli-
cation of rates against gross proceeds of sale, gross
income of business, or value of products, including by-
products, as the case may be, as follows:
(a) Extractor. Upon every person engaging
within the City in business as an extractor; as to such
persons the amount of the tax with respect to such busi-
ness shall be equal to the value of the products, includ-
ing by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-
tenths of one percent (0.0016). The measure of the tax is
the value of the products, including by-products, so
extracted, regardless of the place of sale or the fact that
deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engag-
ing within the City in business as a manufacturer; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products,
including by-products, manufactured, multiplied by the
rate of one and six-tenths of one percent (0.0016). The
measure of the tax is the value of the products, including
by-products, so manufactured, regardless of the place of
sale or the fact that deliveries may be made to points
outside the City.
(c) Wholesale. Upon every person engaging
within the City in the business of making sales at whole-
sale; as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and six-tenths of one per-
cent (0.0016).
(d) Retail. Upon every person engaging
within the City in the business of making sales at retail;
as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and one-quarter of one per-
cent (0.00125).
(e) Printing and Publishing. Upon every per-
son engaging within the City in the business of (i) print-
ing, (ii) both printing and publishing newspapers,
magazines, periodicals, books, music, and other printed
items, (iii) publishing newspapers, magazines and peri-
odicals, (iv) extracting for hire, and (v) processing for
hire; as to such persons, the amount of tax on such busi-
ness shall be equal to the gross income of the business
multiplied by the rate of one and nine-tenths of one per-
cent (0.0019).
(f) Retail Service. Upon every person engag-
ing within the City in the business of making sales of
retail services; as to such persons, the amount of tax
with respect to such business shall be equal to the gross
proceeds of sales multiplied by the rate of two-tenths of
one percent (0.002).
(g) Service. Upon every other person engag-
ing within the City in any business activity other than or
in addition to those enumerated in the above subsec-
tions; as to such persons, the amount of tax on account
3.48-15 (Revised 9/21)
eligible gross receipts tax paid to the other jurisdiction
where the headquarters is located.
(d) A taxpayer that has paid an eligible gross
receipts tax on the privilege of accepting or executing a
contract with another city may deduct an amount equal
to the contract price used to measure the tax due to the
other city from the measure of the tax owed to the City.
(e) For taxes due under this subsection (2)
after January 1, 2008, see BMC 3.48.077. (Ord. 5201 §2
(part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
Gross income derived from the sale of intangibles
such as royalties, trademarks, patents, or goodwill shall
be assigned to the jurisdiction where the person is domi-
ciled (its headquarters is located). (Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007: Ord. 4924 §3, 2004)
3.48.077 ALLOCATION AND
APPORTIONMENT OF INCOME
WHEN ACTIVITIES TAKE PLACE
IN MORE THAN ONE (1)
JURISDICTION.
RCW 35.102.130 entitled "Allocation and appor-
tionment of income" is hereby adopted and incorporated
by this reference as currently enacted and as hereinafter
amended. (Ord. 5355 §2, 2018: Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007)
3.48.078 ALLOCATION AND
APPORTIONMENT OF PRINTING
AND PUBLISHING INCOME
WHEN ACTIVITIES TAKE PLACE
IN MORE THAN ONE (1)
JURISDICTION.
Notwithstanding RCW 35.102.130, effective Janu-
ary 1, 2008, gross income from the activities of printing,
and of publishing newspapers, periodicals, or maga-
zines, shall be allocated to the principal place in this
State from which the taxpayer’s business is directed or
managed. As used in this section, the activities of print-
ing, and of publishing newspapers, periodicals, or mag-
azines, have the same meanings as attributed to those
terms in RCW 82.04.280(1) by the Department of Rev-
enue. (Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part),
2007)
3.48.090 EXEMPTIONS.
(1) Nonprofit Corporations or Nonprofit Organi-
zations. This chapter shall not apply to nonprofit organi-
zations exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code, as currently
enacted and as hereafter amended, except with respect
to retail sales of such persons which are not exempt from
this chapter.
(2) Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan. Beginning on
January 1, 2000, this chapter does not apply to any
health maintenance organization, health care service
contractor, or certified health plan in respect to premi-
ums or prepayments that are taxable under RCW
48.14.0201.
(3) Public Utilities. This chapter shall not apply to
any person in respect to a business activity with respect
to which tax liability is specifically imposed under the
provisions of Chapter 3.50 BMC.
(4) Investments - Dividends from Subsidiary Cor-
porations. This chapter shall not apply to amounts
derived by persons, other than those engaging in bank-
ing, loan, security, or other financial businesses, from
investments or the use of money as such, and also
amounts derived as dividends by a parent from its sub-
sidiary corporations.
(5) International Banking Facilities. This chapter
shall not apply to the gross receipts of an international
banking facility. As used in this subsection, an "interna-
tional banking facility" means a facility represented by
a set of asset and liability accounts segregated on the
books and records of a commercial bank, the principal
office of which is located in this state, and which is
incorporated and doing business under the laws of the
United States or of this state, a United States branch or
agency of a foreign bank, an Edge corporation orga-
nized under Section 25(a) of the Federal Reserve Act, 12
United States Code 611 through 631, or an agreement
corporation having an agreement or undertaking with
the Board of Governors of the Federal Reserve System
under Section 25 of the Federal Reserve Act, 12 United
States Code 601 through 604(a), that includes only
international banking facility time deposits (as defined
in subsection (a)(2) of Section 2.4.8 of Regulation D (12
CFR Part 204), as promulgated by the Board of Gover-
nors of the Federal Reserve System), and international
banking facility extensions of credit (as defined in sub-
section (a)(3) of Section 2.4.8 of Regulation D).
(6) Insurance Business. This chapter shall not
apply to amounts received by any person or agent who
is an insurer or their appointed insurance producer upon
which a tax based on gross premiums is paid to the state
pursuant to RCW 48.14.020; and provided further, that
the provisions of this subsection shall not exempt any
bonding company from tax with respect to gross income
derived from the completion of any contract as to which
it is a surety, or as to any liability as successor to the lia-
bility of the defaulting contractor.
(7) Farmers - Agriculture. This chapter shall not
apply to any farmer in respect to amounts received from
selling fruits, vegetables, berries, butter, eggs, fish,
milk, poultry, meats or any other agricultural product
(Revised 9/21)3.48-16
that is raised, caught, produced, or manufactured by
such persons.
(8) Athletic Exhibitions. This chapter shall not
apply to any person in respect to the business of con-
ducting boxing contests and sparring or wrestling
matches and exhibitions for the conduct of which a
license must be secured from the State Boxing Commis-
sion.
(9) Racing. This chapter shall not apply to any per-
son in respect to the business of conducting race meets
for the conduct of which a license must be secured from
the Washington State Horse Racing Commission.
(10)Ride Sharing. This chapter does not apply to
any funds received in the course of commuter ride shar-
ing or ride sharing for persons with special transporta-
tion needs in accordance with RCW 46.74.010.
(11)Employees. This chapter shall not apply to:
(a) Any person in respect to the person’s
employment in the capacity as an employee or servant
as distinguished from that of an independent contractor.
For the purposes of this subsection, the definition of
employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW
18.16.020, is an independent contractor for purposes of
this chapter.
(12)Amounts Derived from Sale of Real Estate.
This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be
construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees,
handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transac-
tions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income
is derived from a contract to rent for a continuous period
of thirty (30) days or longer.
(13)Mortgage Brokers’ Third-Party Provider Ser-
vices Trust Accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage bro-
kers for the payment of third-party costs if the accounts
are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of
financial institutions.
(14)Amounts Derived from Manufacturing, Selling
or Distributing Motor Vehicle Fuel. This chapter shall
not apply to the manufacturing, selling, or distributing
motor vehicle fuel, as the term "motor vehicle fuel" is
defined in RCW 82.38.020 and exempt under RCW
82.38.280; provided, that any fuel not subjected to the
state fuel excise tax, or any other applicable deduction
or exemption, will be taxable under this chapter.
(15)Amounts Derived from Liquor, and the Sale or
Distribution of Liquor. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in
RCW 66.08.120.
(16)Casual and Isolated Sales. This chapter shall
not apply to the gross proceeds derived from casual or
isolated sales.
(17)Accommodation Sales. This chapter shall not
apply to sales for resale by persons regularly engaged in
the business of making retail sales of the type of prop-
erty so sold to other persons similarly engaged in the
business of selling such property where (a) the amount
paid by the buyer does not exceed the amount paid by
the seller to the vendor in the acquisition of the article;
and (b) the sale is made as an accommodation to the
buyer to enable the buyer to fill a bona fide existing
order of a customer or is made within fourteen (14) days
to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18)Taxes Collected as Trust Funds. This chapter
shall not apply to amounts collected by the taxpayer
from third parties to satisfy third-party obligations to
pay taxes such as the retail sales tax, use tax, and admis-
sion tax.
(19)Port District Business Activity. For the pur-
pose of the tax imposed by BMC 3.48.050(1)(a) through
(g), persons engaged in business on Port District owned
property located within and zoned by the City with an
industrial classification ("Port Property") shall be
treated in the same manner as if the Port Property were
located in unincorporated Kitsap County and therefore
exempt from the tax; however, the apportionment and
allocation, place of delivery and the appropriate tax pro-
visions of this chapter shall apply for business activity
occurring off the Port Property but within the City, also
in the same manner as if the Port Property were located
in unincorporated Kitsap County.
(20)Three (3) Year Exemption for Annexed Busi-
nesses. This chapter shall not apply to any person with
respect to a business activity conducted in an area that
has become part of the City by annexation; provided,
however, that the business premises of such person be
located in the said area on the date of annexation; and
provided further, that the exemption provided herein
shall cease at the expiration of twelve (12) full calendar
quarters following the date of such annexation. (Ord.
5421 §2, 2021; Ord. 5384 §1, 2019: Ord. 5201 §2 (part),
2012: Ord. 5044 §2, 2008: Ord. 5028 §1 (part), 2007:
Ord. 4988 §3, 2006: Ord. 4924 §4, 2004; Ord. 4843,
Added, 01/03/2003)
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be
deducted from the measure of tax the following items:
(1) Compensation from Public Entities for Health
or Social Welfare Services - Exception. In computing
tax, there may be deducted from the measure of tax
amounts received from the United States or any instru-
3.48-16.1 (Revised 9/21)
mentality thereof or from the State of Washington or
any municipal corporation or political subdivision
thereof as compensation for, or to support, health or
3.50-1 (Revised 9/21)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City, as defined in BMC 3.48.030(e), without hav-
ing first obtained a business license pursuant to Chapter
5.02 BMC. Applications for business licenses shall be
filed with the Tax and License Division. (Ord. 5355 §4,
2018: Ord. 5343 §2, 2017: Ord. 4895 §2, 2004; Ord.
4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data
telephone/communications system based in whole or
substantial part on wireless radio communications,
whether or not the communications are subject to regu-
lation by the Washington Utilities and Transportation
Commission (WUTC). This includes cellular mobile
service. Cellular mobile service includes other wireless
radio communications services such as specialized
mobile radio (SMR), personal communications services
(PCS), and any other evolving wireless radio communi-
cations technology which accomplishes the same pur-
pose as cellular mobile service.
"Competitive telephone service" means the pro-
viding by any person of telephone communications
equipment or apparatus, or service related to that equip-
ment or apparatus such as a repair and maintenance ser-
vice, if the equipment or apparatus is of a type which can
be provided by persons who are not subject to regulation
as telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or
accruing by reason of the business activity engaged in
and operations incidental thereto, and includes gross
proceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means
"stumpage value of timber" as defined in Chapter 84.33
RCW minus the costs of production including, but not
limited to, logging and trucking costs, fees and excise
taxes.
"Page service" means service provided by means
of an electronic device that has the ability to send or
receive voice or digital messages transmitted through
the local telephone network, via satellite or any other
form of voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving
solid waste from any facility or location within the City
for transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means
garbage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any
person of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
(Revised 9/21)3.50-2
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
microwave, or similar communications or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communicationsor transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six percent
(6%) of the total gross income from such business con-
ducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to fifteen and one-half percent (15.5%) of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to twenty percent (20%) of the total
gross income from such business conducted within the
City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to twenty percent (20%) of the total
gross income from such business conducted within the
City. All of the fees or taxes collected under this subsec-
tion shall be dedicated to the Transportation Projects
Fund, unless otherwise allocated by the City Council.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven percent
(7%) of the total gross income from such business con-
ducted within the City.
(f) Solid Waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal to nine and one-half percent (9.5%) of
the total gross income from such business conducted
within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six percent (6%) of
the total gross income from such business conducted
within the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business equal to six percent (6%) of the total
gross income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another commu-
nications company, as defined in RCW 80.04.010, for
connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a communications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service Address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming Phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber’s normal cellular network area, the gross income
3.50-3 (Revised 9/21)
shall be assigned consistent with the taxpayer’s account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
office that switched the call. (Ord. 5419 §3, 2021; Ord.
5359 §1, 2018: Ord. 5355 §5, 2018: Ord. 5336 §1, 2017:
Ord. 5307 §1, 2016: Ord. 5289 §2, 2015: Ord. 5170 §1,
2011: Ord. 5096 §1, 2009: Ord. 5078 §1, 2009: Ord.
5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004;
Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844,
Added, 01/03/2003)
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
revenues derived from business which the City is pro-
hibited from taxing under the Constitutions or laws of
the State of Washington or the United States or the
Charter of the City.
(b) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
the amount of State excise taxes, pursuant to Chapter
82.18 RCW, imposed directly upon persons using the
service of a solid waste collection business and collected
for payment to the State by the solid waste collection
business.
(c) There may be deducted from the total gross
income, upon which the license fee or tax is imposed
under BMC 3.50.050, revenues derived from providing
the service of collecting recyclable materials, as fol-
lows:
(1) Commercial Recycling. Revenues derived
from the service of collecting commercial recyclable
materials. This exemption is limited to materials actu-
ally resold and computed in proportion to weight, as fol-
lows:
(i) Any weight added by processing or
treatment after collection is subtracted from the weight
as sold to obtain the allowable weight as sold; and
(ii) Revenues are multiplied by a fraction,
the numerator of which is the allowable weight as sold
and the denominator of which is the weight as collected.
(2) This deduction does not apply to any
energy recovery or fuel-use process, nor in any case
where materials collected have not been sold for com-
mercial reuse within one hundred (100) days from the
date of collection. This period may be extended when a
taxpayer shows to the Department’s satisfaction that
market conditions necessitate a longer period for sale.
(Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.070 TAX - WHEN DUE.
The tax imposed by this chapter shall be due and
payable in monthly installments. If full payment of any
tax due under this chapter is not received by the Tax and
License Division on or before the date due, there shall
be added to the amount due a penalty fee pursuant to
BMC 3.86.110. (Ord. 5343 §3, 2017: Ord. 4895 §2,
2004)
3.50.080 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.070)
3.50.090 SEVERABILITY.
If any provision or section of this chapter shall be
held void or unconstitutional, all other parts, provisions,
and sections of this chapter not expressly so held to be
void or unconstitutional shall continue in full force and
effect. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.080)
5.02-1 (Revised 9/21)
Chapter 5.02
GENERAL BUSINESS LICENSES
Sections:
5.02.010 TITLE.
5.02.020 POWER TO LICENSE FOR
REGULATION AND/OR
REVENUE.
5.02.030 ADMINISTRATIVE
PROVISIONS.
5.02.040 DEFINITIONS.
5.02.050 ADMINISTRATION AND
ENFORCEMENT.
5.02.060 GENERAL BUSINESS LICENSE
REQUIRED.
5.02.070 SEPARATE GENERAL
BUSINESS LICENSE
REQUIRED.
5.02.080 LICENSES NOT
TRANSFERABLE.
5.02.090 LICENSE TO BE POSTED.
5.02.100 DISCLAIMER OF CITY
LIABILITY.
5.02.110 GENERAL QUALIFICATIONS
OF LICENSEES.
5.02.120 APPLICATION PROCEDURE,
LICENSE FEE.
5.02.130 APPROVAL AND ISSUANCE
OF BUSINESS LICENSE.
5.02.140 RENEWAL.
5.02.150 APPLICATION AS PUBLIC
RECORD.
5.02.160 NONPAYMENT OF BUSINESS
LICENSE FEE.
5.02.170 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
5.02.180 DENIAL AND REVOCATION -
PROCEDURE.
5.02.190 UNLAWFUL - VIOLATIONS
AND PENALTIES.
5.02.010 TITLE.
This chapter shall constitute the business license
code of the City and may be cited as such. (Ord. 5421
§11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.020 POWER TO LICENSE FOR
REGULATION AND/OR
REVENUE.
This chapter is adopted by the City, exercising its
power authorized under general law to license for the
privilege of engaging in business in the City and revoke
the license for cause, to regulate, make inspections and
to impose excises for revenue or regulation in regard to
all places and kinds of businesses, occupations, trades,
professions and any other lawful activity, as such power
is described in the RCW 35.22.280(32). The provisions
of this chapter shall be liberally construed for the
accomplishment of such purposes. (Ord. 5421 §11,
2021; Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
5421 §11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.040 DEFINITIONS.
For the purposes of this chapter, the definitions set
forth in BMC 3.48.030, as currently enacted and as here-
after amended, shall apply to this chapter as applicable.
In addition, the following definitions will apply:
"Ancillary rental" means (1) the renting and/or leas-
ing of real property by a person as secondary to the pri-
mary business use by said person for which a business
license is issued pursuant to this chapter, or (2) the rent-
ing or leasing of a single portion of a residence that is
within the structure of the primary residence of the land-
lord, such as the renting of a single bedroom; this does
not include a separate or secondary dwelling unit which
includes all accessory dwelling units.
"Business Licensing Service" and "BLS" mean the
office within the Washington State Department of Rev-
enue providing general business licensing services to
the City.
"Casual rental" means the renting of the primary
residence of the landlord for a period of four (4) months
or less in any given calendar year.
"Engaging in business" shall also include the rent-
ing and/or leasing of real property except for casual
rentals or ancillary rentals.
"License to use" means a personal privilege to do
some particular act or series of acts on real property
without possessing any estate or interest therein.
"Possessory interest" means the right to exert con-
trol over specific real property, or a portion thereof, to
the exclusion of others.
"Renting and/or leasing of real property" means the
creation of a possessory interest in residential, commer-
cial and/or industrial real property of another party by
lease, sublease, expressed or implied rental agreement,
or tenancy from period to period, for the purpose of
gain, and includes leases or rentals in mixed use struc-
tures. The renting and/or leasing of real property does
not include the license to use real property. (Ord. 5421
§11, 2021; Ord. 5333 §8, 2017: Ord. 4842, Repealed &
Replaced, 01/03/2003)
(Revised 9/21)5.02-2
5.02.050 ADMINISTRATION AND
ENFORCEMENT.
(a) The Director of Community Development, or
designee, shall have general charge of, and supervision
over, the administration and enforcement of this chapter
and shall exercise such power and perform all the duties
imposed upon him or her.
(b) Applicant shall, upon reasonable request, pro-
vide or allow the Director to inspect relevant documen-
tation of any licensee for verification of the information
provided by applicant/licensee on the business license
application.
(c) The Director may establish administrative
rules and regulations as deemed appropriate, consistent
with this chapter for the purpose of enforcing and carry-
ing out its provisions. (Ord. 5421 §11, 2021; Ord. 5343
§8, 2017: Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.060 GENERAL BUSINESS LICENSE
REQUIRED.
Any person who "engages in business" activities in
the City as this term is defined in Chapter 3.48 BMC and
this chapter shall first obtain a general business license,
and pay the fees prescribed in this chapter. Applications
for general business licenses must be submitted to the
Business Licensing Service. Any general business
license application required for rental property registra-
tions pursuant to Chapter 5.06 BMC shall be included
and processed in conjunction with the rental property
registration applications. (Ord. 5421 §11, 2021; Ord.
5343 §9, 2017: Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.070 SEPARATE GENERAL BUSINESS
LICENSE REQUIRED.
A separate license shall be obtained for each physi-
cal branch, establishment or location at which the busi-
ness is carried on. Each license authorizes the licensee
to carry on, pursue or conduct only that business, or
business enterprise at that location. A separate license is
required for each distinct business activity type regard-
less if conducted by the same person at the same loca-
tion, provided, a separate license will not be required for
a business activity determined by the Director to be an
accessory activity to a branch, establishment or location
for which a license is issued. A separate license shall not
be required for the renting and/or leasing of real prop-
erty in multiple locations which shall be considered a
single business encompassing all rental or leased units
in the City by a single owner. (Ord. 5421 §11, 2021;
Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.080 LICENSES NOT TRANSFERABLE.
The general business license issued under the pro-
visions of this chapter is not transferable or assignable.
A new license is required when a business changes its
structure, the place of a business location within the City
is changed, there is a change of ownership of a business
or there is a substantial change in the type of business
operated. (Ord. 5421 §11, 2021; Ord. 4842, Repealed &
Replaced, 01/03/2003)
5.02.090 LICENSE TO BE POSTED.
All licenses issued pursuant to this chapter must be
posted in a conspicuous place at the location for which
it was issued. No person to whom a license has been
issued pursuant to this chapter may allow any person for
whom a separate license is required, to operate under or
to display such license, nor may such other person oper-
ate under or display such license. (Ord. 5421 §11, 2021;
Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.100 DISCLAIMER OF CITY
LIABILITY.
Issuance of a license pursuant to this chapter does
not constitute the creation of a duty by the city to indem-
nify the licensee for any wrongful acts against the pub-
lic, or to guarantee the quality of goods, services or
expertise of a licensee. The issuance of a license does
not shift responsibility from the licensee to the City for
proper training, conduct or equipment of the licensee or
his agents, employees or representatives, even if spe-
cific regulations require standards of training, conduct
or inspection. (Ord. 5421 §11, 2021; Ord. 4842,
Repealed & Replaced, 01/03/2003)
5.02.110 GENERAL QUALIFICATIONS OF
LICENSEES.
(a) No license shall be issued, nor shall any license
be renewed, pursuant to the provisions of this chapter to:
(1) An applicant who is not eighteen (18)
years of age at the time of application;
(2) An applicant who has had a similar license
denied or revoked pursuant to BMC 5.02.180;
(3) An applicant who shall not first comply
with the general laws of the state; or
(4) An applicant who seeks such a license in
order to practice some illegal act or some act injurious
to the public health or safety. (Ord. 5421 §11, 2021;
Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.120 APPLICATION PROCEDURE,
LICENSE FEE.
(a) The business license issued under this chapter
must be obtained prior to commencing business in the
City. Application for a business license required under
this chapter is made through the Business Licensing Ser-
vice, and must include all information required for all
licenses requested, the total fees due for all licenses, and
the application handling fee required by RCW
19.02.075.
5.02-3 (Revised 9/21)
(b) The City’s fee for a business licensee shall be
as set forth in Chapter 3.01 BMC as currently enacted
and as hereinafter amended. (Ord. 5421 §11, 2021; Ord.
5343 §10, 2017: Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.130 APPROVAL AND ISSUANCE OF
BUSINESS LICENSE.
All licenses approved for issuance by the Director
shall be conditioned upon compliance at all times with
all applicable ordinances, regulations and statutes of the
city and the state. Upon issuance, the license will be
valid until the expiration date established by the Busi-
ness Licensing Service as long as the licensee continues
in business and pays the city license fee and occupation
tax due pursuant to the provisions of this chapter and
Chapters 3.48 and 3.86 BMC. The license shall be in
addition to any other license required under any law or
ordinance of the City. Issuance of a business license
does not imply compliance with other City codes. (Ord.
5421 §11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.140 RENEWAL.
The business license issued under the provisions of
this chapter expires on the date established by the Busi-
ness Licensing Service (BLS) and must be renewed on
or before that date to continue to engage in business in
the City after that date.
(a) Application for renewal of the business license
is made through the BLS, and must include all informa-
tion required for each license being renewed, the total
fees due for all licenses, and the renewal application
handling fee required by RCW 19.02.075.
(b) The license term and respective fee amount
may be prorated as needed to synchronize the license
expiration with that of the business license account
maintained by the BLS.
(c) Failure to complete the license renewal by the
expiration date will incur the late renewal penalty pursu-
ant to RCW 19.02.085 and as set forth in Chapter 3.01
BMC in addition to all other fees due.
(d) Failure to complete the license renewal within
one hundred twenty (120) days after expiration will
result in the cancellation of the license and will require
applying for a new license as provided for in this chapter
in order to engage in business in the City. Business may
not continue until the new license has been approved by
the City. The City may require payment of all past due
amounts and any applicable City penalties prior to
approving the new license. (Ord. 5421 §11, 2021; Ord.
4842, Repealed & Replaced, 01/03/2003)
5.02.150 APPLICATION AS PUBLIC
RECORD.
General business license applications and related
business licensing information are subject to applicable
controls and restrictions found in RCW 19.02.115. (Ord.
5421 §11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.160 NONPAYMENT OF BUSINESS
LICENSE FEE.
All City license fees unpaid under this chapter
when due and all interest and penalties imposed by the
City thereon, constitute a debt to the City and may be
collected with any taxes owed and in the same manner
as unpaid taxes under Chapters 3.48 and 3.86 BMC.
(Ord. 5421 §11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.170 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
(a) In addition to the other penalties provided by
law, any business license issued under the provisions of
this chapter may be denied or revoked pursuant to the
provisions of this chapter at any time, where:
(1) The license was procured by fraud, false
representation or material omission of fact, or for the
violation of or failure to comply with any of the provi-
sions of this chapter by the person holding such license,
or any of his servants, agents or employees, while acting
within the scope of their employment; or
(2) The licensee or employee of the licensee
violates any of the provisions of this chapter or any
applicable City, state or federal law, including, but not
limited to Chapters 3.48, 3.50 and 3.86 BMC, or the pur-
pose for which the license was issued is being abused to
the detriment of the public, or such license is being used
for a purpose different from that for which it was issued.
(3) The licensee submits a false or fraudulent
City tax return or makes a false statement on any City
tax return.
(4) The licensee fails to pay any license fee or
tax to the City when due including, but not limited to,
any taxes pursuant to BMC Title 3.
(5) The licensee or employee has been con-
victed of a crime involving the business. (Ord. 5421
§11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.180 DENIAL AND REVOCATION -
PROCEDURE.
(a) Any application for the issuance or renewal of
a license issued under this chapter may be denied, or any
license issued under this chapter may be revoked based
on one or more of the grounds set forth in BMC
5.02.170.
(Revised 9/21)5.02-4
(b) The Director shall have the power and author-
ity to deny the issuance of or revoke any license issued
under the provisions of this chapter. The Director shall
notify such licensee in writing by certified mail or per-
sonal service of the denial or revocation of his or her
license application or license and the grounds therefor.
(c) Any applicant or licensee may, within fourteen
(14) calendar days from the date that the denial or revo-
cation notice was mailed to the applicant or licensee,
appeal from such denial or revocation by filing a written
notice of appeal setting forth the grounds therefor with
the Administrative Hearing Examiner pursuant to Chap-
ter 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 appropriate findings of fact, and
conclusions of law, affirm, modify, or overrule the
denial or revocation and order issuance or reinstatement
of the license, and may impose any terms thereupon.
(d) No renewal or revocation of a license issued
pursuant to the provisions of this chapter shall take
effect until fourteen (14) calendar days after service of
the notice thereof by the Director, and if the appeal is
timely filed, the renewal or revocation shall be stayed
pending final action by the Administrative Hearing
Examiner. All licenses which are revoked shall be sur-
rendered to the City on the effective date of such revo-
cation.
(e) The decision of the Administrative Hearing
Examiner shall be final. The applicant or licensee 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 deci-
sion. If review is sought as herein prescribed the renewal
or revocation shall be stayed pending final action by the
Superior Court.
(f) When revoked, the license shall be canceled
and immediately surrendered to the Director. Upon
revocation of any license as provided in this chapter no
portion of the license fee shall be returned to the
licensee.
(g) Upon denial or revocation, the person whose
application was denied or license revoked shall not be
granted a license for a business, upon any new applica-
tion that may be made, for a period of ninety (90) calen-
dar days from date of denial or revocation and further,
no license shall be issued until such person cures any
defaults that resulted in the denial or revocation. (Ord.
5421 §11, 2021; Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.190 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For any person to engage in business with-
out having obtained a business license or for a person to
engage in business after denial of a business license
application or renewal or after revocation of a business
license.
(2) For the president, vice-president, secre-
tary, treasurer, or other officer of any company to
engage in business without having obtained a business
license or for a person to engage in business after denial
of a business license application or renewal or after
revocation of a business license.
(3) For any person to violate any provision of
this chapter.
(b) Nonpayment Penalty. In addition to any other
applicable penalty provided for in this chapter, failure to
pay the City license fee prior to engaging in business in
the City, or otherwise within ninety (90) days after such
payment is due, pursuant to subsection (a) of this sec-
tion, may subject the licensee to a monetary penalty
imposed directly by the City in the amount of fifty dol-
lars ($50) or as otherwise amended as set forth in Chap-
ter 3.01 BMC in addition to the required license fee.
(c) Civil Penalties. In addition to any violation set
forth in Chapter 3.86 BMC relating to the administration
of this chapter, any violation of subsection (a) of this
section 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.
(d) Criminal Penalties. In addition to the foregoing
penalties or any violation set forth in Chapter 3.86 BMC
relating to the administration of this chapter, any person
who violates or fails to comply with subsection (a) of
this section shall, upon conviction, be punished as
described in the general criminal penalty provisions of
BMC 1.12.020(2). Such person will be guilty of this vio-
lation for each day, or portion thereof, during which the
business is so engaged or carried on. (Ord. 5421 §11,
2021; Ord. 4842, Repealed & Replaced, 01/03/2003)
5.03-1 (Revised 9/21)
Chapter 5.03
GENERAL PROVISIONS FOR REGULATORY
LICENSES
Sections:
5.03.010 PURPOSE.
5.03.020 ADMINISTRATIVE
PROVISIONS.
5.03.030 DEFINITIONS.
5.03.040 LICENSE REQUIRED -
APPLICATIONS.
5.03.050 LICENSE ISSUANCE - FEES.
5.03.060 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
5.03.070 DENIAL AND REVOCATION -
PROCEDURE.
5.03.080 FACILITY STANDARDS.
5.03.090 OPERATING REQUIREMENTS.
5.03.100 SALE OR TRANSFER OR
CHANGE OF LOCATION.
5.03.110 APPLICABILITY.
5.03.120 RULEMAKING.
5.03.130 ADDITIONAL LICENSES.
5.03.140 UNLAWFUL - VIOLATIONS
AND PENALTIES.
5.03.010 PURPOSE.
(a) It is expressly the purpose of this chapter to
regulate and license certain business activities which
may be injurious to public health and safety and which
may affect the social well-being of the City and its resi-
dents.
(b) This chapter is not intended to create or other-
wise establish or designate any particular class or group
of persons who will or should be especially protected or
benefitted by the terms of this chapter.
(c) It is the specific intent of this chapter to place
the obligation of complying with its requirements upon
the license holder or applicant for a license. No provi-
sion of, nor term used in, this chapter is intended to
impose any mandatory duty upon the City or any of its
officers or employees.
(d) Nothing contained in this chapter is intended to
be nor shall be construed to create or form the basis for
any liability on the part of the City, or its officers,
employees or agents, for any damage resulting from the
failure of the license holder or applicant for a license to
comply with the provisions of this chapter, or by reason
of or in consequence of any act or omission in connec-
tion with the implementation or enforcement of this
chapter on the part of the City by its officers, employees
or agents. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1,
1988)
5.03.020 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.030 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. (Ord. 4859 §3 (in
part), 2003)
5.03.040 LICENSE REQUIRED -
APPLICATIONS.
The provisions of this chapter shall apply whenever
a regulatory license is required by a chapter in this title.
Such regulatory licenses are separate from and in addi-
tion to the general business license issued under Chapter
5.02 BMC, which may also be required when applica-
ble. The regulatory licensee shall be the person or entity
who owns the business. Where the license applicant is a
corporation, the term "applicant" shall include principal
officers and managers. Where the license applicant is a
partnership, the term "applicant" shall include principal
partners and managers. Applications shall be filed with
the Tax and Licensing Division. Each applicant shall
provide, at a minimum, the following information:
(a) True name and any assumed names or aliases
used.
(b) Home address and telephone number.
(c) Sex, weight, height, color of eyes and hair.
(d) Date of birth.
(e) A copy of applicant’s identification which
must include some form of picture identification, i.e., a
driver’s license or Washington State identification card.
(f) The business occupation and/or employment
history of the applicant for the five (5) years immedi-
ately preceding the date of application.
(g) Residence address(es) of the applicant for the
five (5) years preceding the date of application.
(h) The business name, business address, and tele-
phone number of the proposed business.
(i) A listing and explanation of all services to be
provided.
(j) A description of any other business activity to
be conducted on the premises or adjoining premises
owned and controlled by the applicant.
(k) The principal enterprise of the business if dif-
ferent from the activity being licensed.
(l) Whether the applicant has ever been convicted,
forfeited bail, or pled guilty to any crime, excluding
minor traffic offenses. If so, state the charge and the
nature of the crime, the name and location of the con-
victing court and the disposition thereof.
(Revised 9/21)5.03-2
(m) Written declaration by the applicant under pen-
alty of perjury, that the foregoing information contained
in the application is true and correct, said declaration
being duly stated and signed.
(n) Such other relevant identification and informa-
tion necessary as the Director may reasonably require to
discover the truth of statements made in the application.
(o) Authorization for the City, its agents and
employees to seek information and conduct an investi-
gation into the truth of the statements set forth in the
application and the qualifications of the applicant for the
license. (Ord. 5421 §3, 2021; Ord. 5343 §11, 2017: Ord.
4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.050 LICENSE ISSUANCE - FEES.
(a) Applications for regulatory licenses must be
received by the Tax and Licensing Division at least
three (3) weeks prior to issuance.
(b) License fees will be due upon application.
The City Council shall establish appropriate fees
pursuant to Chapter 3.01 BMC. (Ord. 5343 §12, 2017:
Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.060 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
In addition to the other penalties provided by law,
any regulatory license issued under the provisions of
this title may be denied or revoked pursuant to the pro-
visions of this chapter at any time, where:
(a) The required information has not been pro-
vided or the correct license fee has not been tendered to
the City and in the case of a check or bank draft, not hon-
ored with payment upon presentation.
(b) The application is not in compliance with Fed-
eral, State or local laws.
(c) The license was procured by fraud, false repre-
sentation or material omission of fact, or for the viola-
tion of or failure to comply with any of the provisions of
this title by the person holding such license, or any of his
servants, agents or employees, while acting within the
scope of their employment.
(d) The licensee or employee of the licensee vio-
lates any of the provisions of the applicable chapter
under this title or any applicable City, State or Federal
law, including, but not limited to, Chapters 3.48, 3.50,
3.86 and 5.02 BMC, or the purpose for which the license
was issued is being abused to the detriment of the pub-
lic, or such license is being used for a purpose different
from that for which it was issued.
(e) The licensee submits a false or fraudulent City
tax return or makes a false statement on any City tax
return.
(f) The licensee fails to pay any license fee or tax
to the City when due including, but not limited to, any
taxes pursuant to BMC Title 3.
(g) The licensee or employee has been convicted
of a crime involving the business.
(h) The applicant is not eighteen (18) years of age
or older. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1,
1988)
5.03.070 DENIAL AND REVOCATION -
PROCEDURE.
(a) Any application for the issuance or renewal of
a license issued under this title may be denied, or any
license issued under this title may be revoked based on
one or more of the grounds set forth in BMC 5.03.060.
(b) The Director, or designee, ("Director") having
the authority to issue said license shall have the power
and authority to deny the issuance of or revoke any
license issued under the provisions of this title. The
Director shall notify such licensee in writing by certified
mail or personal service of the denial or revocation of
his or her license application or license and the grounds
therefor.
(c) Any applicant or licensee may, within fourteen
(14) calendar days from the date that the denial or revo-
cation notice was mailed to the applicant or licensee,
appeal from such denial or revocation by filing a written
notice of appeal setting forth the grounds therefor with
the Administrative Hearing Examiner pursuant to Chap-
ter 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 appropriate findings of fact, and
conclusions of law, affirm, modify, or overrule the
denial or revocation and order issuance or reinstatement
of the license, and may impose any terms thereupon.
(d) No renewal or revocation of a license issued
pursuant to the provisions of this chapter shall take
effect until fourteen (14) calendar days after service of
the notice thereof by the Director, and if the appeal is
timely filed, the renewal or revocation shall be stayed
pending final action by the Administrative Hearing
Examiner. All licenses which are revoked shall be sur-
rendered to the City on the effective date of such revo-
cation.
(e) The decision of the Administrative Hearing
Examiner shall be final. The applicant or licensee 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 deci-
sion. If review is sought as herein prescribed the renewal
or revocation shall be stayed pending final action by the
Superior Court.
(f) When revoked, the license shall be canceled
and immediately surrendered to the Director. Upon
revocation of any license as provided in this chapter, no
5.03-2.1 (Revised 9/21)
portion of the license fee shall be returned to the
licensee.
(g) Upon denial or revocation, the person whose
application was denied or license revoked shall not be
granted a license for a business, upon any new applica-
tion that may be made, for a period of ninety (90) calen-
5.06-1 (Revised 9/21)
Chapter 5.06
RENTAL PROPERTY REGISTRATION
Sections:
5.06.010 PURPOSE.
5.06.020 DEFINITIONS.
5.06.030 REGISTRATION AND
DECLARATION REQUIRED.
5.06.040 VIOLATIONS AND
INSPECTIONS.
5.06.050 INSPECTION FINDINGS -
REVIEW AND APPEAL.
5.06.060 ADMINISTRATIVE APPEALS.
5.06.070 VIOLATIONS AND
ENFORCEMENT.
5.06.010 PURPOSE.
The City Council finds that rental housing is a valu-
able community asset, providing homes for all income
levels. Additionally, the City Council finds that there
exists rental housing in the City that is below the mini-
mum building standards and appears to violate RCW
59.18.060 of the Residential Landlord-Tenant Act and
that such substandard conditions constitute a public nui-
sance. As a result, to ensure the public health, safety,
and welfare of its citizens and the maintenance of qual-
ity rental housing in the City, this code establishes a pro-
gram to prevent and correct conditions in residential
rental units that adversely affect or are likely to
adversely affect the health, safety, and welfare of the
public. It is the purpose of this chapter to assure that
rental housing within the City is actively operated and
maintained in compliance with RCW 59.18.060. (Ord.
5269 §1 (part), 2015: Ord. 5221 §1 (part), 2013)
5.06.020 DEFINITIONS.
"BMC" means Bremerton Municipal Code.
"Building Code" means the City Building Code set
forth in Chapter 17.04 BMC.
"Certificate of inspection" means a certificate made
in accordance with the requirements of RCW 9A.72.085
by a qualified inspector on forms provided by the City
that states that the owner of rental property has not failed
to fulfill any substantial obligation imposed under RCW
59.18.060 of the Landlord-Tenant Act, as defined in this
section, that endangers or impairs the health or safety of
a tenant.
"Code enforcement officer" means code enforce-
ment officer as defined in Chapter 1.04 BMC.
"Declaration of compliance" means an unsworn
statement, declaration, verification, or certificate made
in accordance with the forms provided by the City that
each dwelling unit complies with RCW 59.18.060 of the
Landlord-Tenant Act as defined in this section, as cur-
rently enacted and hereinafter amended, and does not
present conditions that endanger or impair the health or
safety of the tenants.
"Director" means the Director of Community
Development or designee as applicable and any other
department director authorized by the Mayor to enforce
this chapter, or their designee, including, but not limited
to, code enforcement officer, Building Official and
other designated City official.
"Dwelling unit" means any structure or part of a
structure which is used as a home, residence, or sleeping
place by one (1) or more persons maintaining a common
household, including but not limited to single-family
residences, a room, rooming units, units of multiplexes,
condominiums, apartment buildings, mobile homes and
other similar residential structures.
"Fire Code" means the City Fire Code set forth in
Chapter 18.02 BMC.
"Landlord" means the owner of rental property.
"Landlord-Tenant Act" means the Residential
Landlord-Tenant Act set forth in Chapter 59.18 RCW,
as currently enacted and hereinafter amended.
"Owner" means one (1) or more persons, jointly or
severally, in whom is vested all or any part of the legal
title to rental property or all or part of the beneficial
ownership and a right to present use and enjoyment of
the property.
"Person" means an individual, group of individuals,
corporation, government, governmental agency, busi-
ness trust, estate, trust, partnership, association, two (2)
or more persons having a joint or common interest, or
any other legal or commercial entity.
"Qualified inspector" means a United States
Department of Housing and Urban Development certi-
fied inspector, a Washington State licensed home
inspector, an American Society of Home Inspectors cer-
tified inspector, a private inspector certified by the
National Association of Housing and Redevelopment
Officials, the American Association of Code Enforce-
ment, International Code Council certified inspector, or
other comparable professional association as approved
by the Director of Community Development, a Wash-
ington licensed structural engineer, or a Washington
licensed architect. An "owner" as defined in this section
is not eligible to act as a qualified inspector.
"RCW" means Revised Code of Washington.
"RCW 59.18.060 of the Landlord-Tenant Act"
means, for the purpose of this chapter, RCW
59.18.060(1) through (10), as currently enacted or here-
inafter amended, relating to the landlord’s duties, which
provide as follows: (1) maintain the premises to substan-
tially comply with any applicable code, statute, ordi-
nance, or regulation governing their maintenance or
operation, which the legislative body enacting the appli-
cable code, statute, ordinance or regulation could
(Revised 9/21)5.06-2
enforce as to the premises rented if such condition
endangers or impairs the health or safety of the tenant;
(2) maintain the structural components, including, but
not limited to, the roofs, floors, walls, chimneys, fire-
places, foundations, and all other structural components,
in reasonably good repair so as to be usable; (3) keep
any shared or common areas reasonably clean, sanitary,
and safe from defects increasing the hazards of fire or
accident; (4) provide a reasonable program for the con-
trol of infestation by insects, rodents, and other pests at
the initiation of the tenancy and, except in the case of a
single-family residence, control infestation during ten-
ancy except where such infestation is caused by the
tenant; (5) except where the condition is attributable to
normal wear and tear, make repairs and arrangements
necessary to put and keep the premises in as good con-
dition as it by law or rental agreement should have been,
at the commencement of the tenancy; (6) provide rea-
sonably adequate locks and furnish keys to the tenant;
(7) maintain all electrical, plumbing, heating, and other
facilities and appliances supplied by him or her in rea-
sonably good working order; (8) maintain the dwelling
unit in reasonably weathertight condition; (9) except in
the case of a single-family residence, provide and main-
tain appropriate receptacles in common areas for the
removal of ashes, rubbish, and garbage incidental to the
occupancy and arrange for the reasonable and regular
removal of such waste; (10) provide facilities adequate
to supply heat and water and hot water as reasonably
required by the tenant.
"Rental property" or "property" means all residen-
tial dwelling units rented or leased on a contiguous par-
cel or parcels of land managed by the same landlord as
a single rental complex.
"Tenant" is any person who is entitled to occupy a
dwelling unit primarily for living or dwelling purposes
with or without a rental agreement. (Ord. 5269 §1 (part),
2015: Ord. 5221 §1 (part), 2013)
5.06.030 REGISTRATION AND
DECLARATION REQUIRED.
(a) Registration and Declaration of Compliance.
Any landlord renting or making available for rent any
"dwelling unit" as defined in BMC 5.06.020 that
requires a general business license pursuant to Chapter
5.02 BMC shall annually:
(1) Register each dwelling unit;
(2) Provide the City with the landlord’s name
and contact information;
(3) Provide the City with the name and con-
tact information of any person designated by the land-
lord as an alternate contact or as a representative of the
landlord responsible for the management of the rental
property (optional);
(4) Provide an email or mailing address or
other method of contact as approved by the Bremerton
Police Department for participation in the Department’s
landlord notification program for notice of police activ-
ity on the rental property; and
(5) File with and as part of the registration a
declaration of compliance as defined in BMC 5.06.020
that each dwelling unit complies with RCW 59.18.060
of the Landlord-Tenant Act and does not present condi-
tions that endanger or impair the health or safety of the
tenants.
(b) Any general business license applications
required pursuant to Chapter 5.02 BMC for rental prop-
erties pursuant to this chapter shall be included and pro-
cessed in conjunction with the rental property
registration applications.
(c) Conditions of Issuance. Issuance of the general
business license shall require:
(1) Registration of dwelling units and provid-
ing the landlord’s name and contact information as
required in subsection (a) of this section;
(2) Submission of a declaration of compliance
as required in subsection (a) of this section or, as appli-
cable, submission of certificate of inspection if required
by BMC 5.06.040;
(3) Payment of applicable fees; and
(4) Compliance with this chapter.
(d) Revocation or Denial. Any general business
license issued under Chapter 5.02 BMC may be revoked
or denied for any violation of this chapter by the licensee
or his or her agents or employees pursuant to BMC
5.02.180. (Ord. 5421 §4, 2021; Ord. 5269 §1 (part),
2015: Ord. 5221 §1 (part), 2013)
5.06.040 VIOLATIONS AND INSPECTIONS.
To ensure compliance with RCW 59.18.060 of the
Landlord-Tenant Act related to conditions of rental
housing, the following shall apply:
(a) Pending Violation - Correction Notice. When-
ever the City is provided notice of a violation of the
Building Code, the Fire Code, and/or violations of any
other applicable City code or state law which endangers
or impairs the health or safety of a tenant, the City code
enforcement officer shall issue a correction notice to the
owner pursuant to Chapter 1.04 BMC. Notice to the City
of the violation may be provided as a result of a pending
code enforcement proceeding or other similar action on
rental property, an on-site visit by a City official, or by
any other means. The owner shall cure the violation in
the time period as requested by the code enforcement
officer or provide a plan acceptable to the City to bring
the property into compliance with RCW 59.18.060 for
any existing violation.
(b) Notice of Violation - Hearing. In the event the
owner does not or cannot cure the violation or obtain an
approved plan within the required time period stated in
the correction notice, a notice of violation shall be
5.06-2.1 (Revised 9/21)
mailed or otherwise served to the owner scheduling a
hearing before the Administrative Hearing Examiner
pursuant to BMC 1.04.080.
5.16-1 (Revised 9/21)
Chapter 5.16
TEMPORARY MERCHANTS, PEDDLERS AND
MOBILE FOOD VENDORS
Sections:
5.16.010 DEFINITIONS.
5.16.020 LICENSE - REQUIRED.
5.16.030 LICENSE - TERMS.
5.16.050 LICENSE - INSPECTION.
5.16.060 SPECIAL CONDITIONS -
MOBILE FOOD VENDORS.
5.16.010 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied.
(a) "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(b) "Peddler" means any person, either as agent,
employee or principal, who carries goods, wares or mer-
chandise of whatever nature or description or any person
who offers services from house to house, building to
building, or upon any street, highway or public place
within the City for the purpose of selling such goods,
wares or merchandise or solicitory orders for the same.
Exempt from the meaning of this definition shall be
newspapers.
(c) "Temporary merchant" means and includes
anyone who, with intent to engage temporarily, tran-
siently or itinerantly in such business in the City, sells
goods, wares or merchandise or offers services and has
no permanent location within the City; provided, a
farmer, gardener, or other person who sells, delivers or
peddles any fruit, vegetables, berries, eggs or any farm
produce or edibles raised, gathered, produced or manu-
factured by such person is exempt from requirements of
this chapter.
(d) "Vending of food from mobile unit" means a
mobile unit travelling City streets for the purpose of
selling edible merchandise. Exempt from the meaning
of this definition shall be those mobile units used specif-
ically for the delivering only of food pursuant to orders
taken at an established place of business.
(e) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §16, 2017: Ord. 5158 §1
(part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §1, 1986)
5.16.020 LICENSE - REQUIRED.
It is unlawful to engage in business as a peddler or
mobile food vendor in the City without first obtaining a
regulatory license, as required by this chapter, in addi-
tion to a general business license issued under Chapter
5.02 BMC. It is unlawful to engage in business as a tem-
porary merchant without first obtaining a regulatory
license. A temporary merchant regulatory license shall
be issued in lieu of a business license and licensee shall
be exempt from payment of City business and occupa-
tion taxes. Applications for regulatory licenses shall be
filed with the Tax and License Division of the Depart-
ment of Community Development. (Ord. 5421 §5,
2021; Ord. 5343 §17, 2017: Ord. 5158 §1 (part), 2011:
Ord. 4162 §5, 1988; Ord. 4032 §2, 1986)
5.16.030 LICENSE - TERMS.
(a) Temporary Merchants. This license shall not
exceed thirty (30) days in duration. A temporary mer-
chant’s license will be issued only twice in a calendar
year. If a temporary site is used for itinerant sales, it
must be situated on private property. The site and any
temporary structure, excluding motor vehicles and trail-
ers, must be approved by the building official and plan-
ning and fire departments before license issuance.
(b) Peddlers. The fee for a peddler’s license shall
not be prorated for any part of a license year. The license
must be carried by the vendor.
(c) Mobile Food Vending. This license is required
for each vehicle. The vehicle license plate number must
be submitted and will be printed on the regulatory
license. The license must be posted inside the vehicle.
Vendors are responsible for notifying the City, in writ-
ing, of any license plate number changes. (Ord. 5158 §1
(part), 2011: Ord. 4368 §7, 1992; Ord. 4162 §5, 1988;
Ord. 4032 §4, 1986)
5.16.050 LICENSE - INSPECTION.
Any person engaging in the business of peddling,
temporary merchant or mobile vending, as defined in
this chapter, who has obtained a license therefor from
the Director, shall on demand by any police officer or
business and occupations tax license official forthwith
produce the same for inspection. (Ord. 5343 §18, 2017:
Ord. 5158 §1 (part), 2011: Ord. 4032 §8, 1986)
5.16.060 SPECIAL CONDITIONS - MOBILE
FOOD VENDORS.
(a) Vendors from mobile units shall not use radios
or any other sound devices to attract public attention
unless in accordance with Chapter 6.32 BMC.
(b) A receptacle of adequate size shall be provided
on such unit for the deposit of refuse.
(c) The owner or operator of such mobile food
vending unit shall fully comply with any and all federal,
state and City laws regarding the purity of such food and
the cleanliness of such unit.
(d) A certificate of insurance naming the City as
additional insured for general liability coverage and evi-
dencing proof of automobile liability coverage shall be
(Revised 9/21)5.16-2
provided before license issuance and subsequently kept
current.
(1) The minimum general liability coverage
shall be five hundred thousand dollars ($500,000) com-
bined single limit bodily injury and property damage
and shall include products liability.
(2) The minimum automobile liability cover-
age shall be five hundred thousand dollars ($500,000)
combined single limit per accident for bodily injury and
property damage.
(e) Vending shall occur only on the curbside of the
vehicle and shall not impede adjacent parking stalls if
conducting business on a City right-of-way.
(f) Customer lines for service shall not impede
pedestrian traffic nor shall they encroach into the road-
way or interfere with vehicular traffic.
(g) Mobile vending units shall not park in loca-
tions that will create site distance problems for traveling
motorists.
(h) No signs are allowed on areas adjacent to or
outside the mobile vending unit. Signs are allowed on
the immediate structure of the mobile vending unit.
(i) Vendors shall obey all traffic laws and will
comply with the Bremerton Municipal Code. (Ord. 5158
§1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §3,
1986)
5.17-1 (Revised 9/21)
Chapter 5.17
CHARITABLE SOLICITATION
Sections:
5.17.010 DEFINITIONS.
5.17.020 LICENSE REQUIRED.
5.17.030 LICENSE - APPLICATION.
5.17.040 CHARITY SOLICITATION
LICENSE - TERMS.
5.17.050 PROFESSIONAL FUND RAISER
LICENSE - TERMS.
5.17.060 LICENSE - GROUNDS FOR
DENIAL.
5.17.070 BOOKS AND RECORDS.
5.17.090 PENALTY FOR VIOLATION.
5.17.010 DEFINITIONS.
Whenever used in this chapter:
(a) "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(b) "Charitable" shall include recreational, health,
social service, humanitarian, educational either actual or
purported. "Charitable" shall not include "religious" or
"religion" as commonly defined where the proceeds will
be used solely for religious purposes as distinguished
from educational, recreation, social service, health,
humanitarian, or welfare.
(c) "Charitable organization" shall mean any orga-
nization organized and operated for charitable, educa-
tional, or other purposes which is exempt from taxation
pursuant to 501(c)(3) of the Internal Revenue Code of
1954, as amended.
(d) "Contributions" shall mean and include the
words alms, food, clothing, money, subscription, prop-
erty, or donations under the guise of a loan of money or
property.
(e) "Cost of solicitation" shall mean all costs what-
ever nature incurred in raising the funds solicited,
including costs of promotion.
(f) "Costs of promotion" shall mean costs of all
publications, goods and services sold, given away, or
used as prizes in connection with the solicitation.
(g) "Person" shall mean any individual, firm, co-
partnership, corporation, association, society, league,
organization, or religious body and includes any trustee,
receiver, assignee, agent, or other representative
thereof.
(h) "Professional fund raiser" also referred to as
"promoter" shall mean a person who, for compensation,
plans, promotes, conducts, manages, or carries on or
attempts to plan, promote, conduct, manage or carry on
any drive or campaign, directly or indirectly, for the pur-
pose of soliciting contributions for or on behalf of any
charitable organization or engages in the business of
soliciting contributions for charitable purposes. A bona
fide officer or regular employee of a charitable organi-
zation shall not be deemed a professional promoter by
reason of his participation by or on behalf of his
employer.
(i) "Solicit" and "solicitation" shall mean the
request, directly or indirectly, of money, credit, prop-
erty, financial assistance or other thing of value on the
plea or representation that such will be used for a chari-
table purpose as hereafter defined. "Solicit" and "solici-
tation" shall include the following methods of requests,
collections, or receipts:
(1) Any oral or written request.
(2) The sale of, offer or attempt to sell any
chance, coupon, device, tax, emblem, ticket, book, card,
magazine, membership, merchandise, subscription,
advertising space, or other thing in connection with
which an appeal is made for a charitable purpose or any
statement is made that the whole or any part of the pro-
ceeds from such sale will be donated to or will go to a
charitable purpose.
(3) Bingo activities, raffles, and amusement
games conducted under Chapter 9.46 RCW and applica-
ble rules of the Washington State Gambling Commis-
sion are specifically excluded and shall not be deemed a
solicitation under this chapter.
(j) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §19, 2017: Ord. 4162 §6,
1988)
5.17.020 LICENSE REQUIRED.
It shall be unlawful for any charitable organization,
its members or employees, to solicit, collect or receive
contributions in the City of Bremerton without first
obtaining a regulatory "charity solicitation license."
This license is separate from the City general business
license issued under Chapter 5.02 BMC, which may also
be required when applicable.
It shall be unlawful for any professional fund raiser
to solicit, collect or receive contributions in the City
where it is represented that the proceeds of such solici-
tations or any part thereof are to be used for a charitable
purpose without first obtaining a regulatory "profes-
sional fund raiser license" in addition to a City general
business license issued under Chapter 5.02 BMC.
Applications for regulatory licenses shall be filed
with the Tax and License Division of the Department of
Community Development. (Ord. 5421 §6, 2021; Ord.
5343 §20, 2017; Ord. 4162 §6, 1988)
(Revised 9/21)5.17-2
5.17.030 LICENSE - APPLICATION.
In addition to the application requirements of Chap-
ter 5.03, the following information shall be provided by
the applicant for a "charity solicitation license" or "pro-
fessional fund raiser license":
(a) The purpose for which such solicitation or sale
is to be made and an estimate of the total amount to be
raised thereby.
(b) The manner in which the solicitation will be
conducted and an estimate of the cost of solicitation and
the cost of promotion, if any, and of the net proceeds
expected for the charitable purpose.
(c) The time when such solicitations or sale shall
be made, giving the preferred dates of the beginning and
ending of such solicitations.
(d) If a professional fundraiser is to be employed,
a copy of the contract between the promoter and the
charitable organization.
(e) A certified copy of the resolution or other
action authorizing the solicitation from the charitable
organization.
(f) The name(s) and address(es) of the person or
persons by whom the receipts of such solicitations or
sale shall be disbursed.
(g) A full statement of the character and extent of
the charitable work being done by the applicant in the
City.
(h) A statement to the effect that, if licensing is
granted, it will not be used or represented in any way as
an endorsement of the solicitation conducted thereunder
by the City of Bremerton, any department, officer, or
employee thereof.
(i) Written verification of current registration and
required bonding with the Secretary of State’s office
pursuant to RCW 19.09. (Ord. 4162 §6, 1988)
5.17.040 CHARITY SOLICITATION
LICENSE - TERMS.
The license shall not exceed sixty (60) days. Each
new solicitation given by or for a charitable organization
will require separate application and licensing. If the
charitable organization promotes and administers its
own charitable solicitation, then a list showing the
names of all solicitors and locations of the solicitations
must be provided upon request. Each solicitor shall pro-
vide proper credentials identifying him/herself and the
sponsoring charitable organization to those persons
being solicited. (Ord. 4368 §8,1992; Ord. 4192 §1,
1989; Ord. 4162 §6, 1988)
5.17.050 PROFESSIONAL FUND RAISER
LICENSE - TERMS.
The license shall not exceed sixty (60) days. A list
showing the names of all solicitors and locations of the
solicitation must be provided to the Director. Each solic-
itor shall provide proper credentials identifying
him/herself and the sponsoring charitable organization
and the promoter to those persons being solicited. (Ord.
5343 §21, 2017: Ord. 4368 §10, 1992; Ord. 4192 §2,
1989; Ord. 4162 §6, 1988)
5.17.060 LICENSE - GROUNDS FOR
DENIAL.
The Director shall grant licensing under this chapter
unless it is found that one (1) or more of the following
facts exist:
(a) That the applicant is or has engaged in fraudu-
lent transactions or enterprises relating to soliciting
charitable contributions.
(b) That the solicitation on behalf of applicant
would be a fraud upon the public. (Ord. 5343 §22, 2017:
Ord. 4162 §6, 1988)
5.17.070 BOOKS AND RECORDS.
Every person receiving contributions for a charita-
ble purpose shall give a signed, written receipt therefor.
Every person managing or supervising the solicitation
of contributions for charitable purposes shall maintain a
system of accounting wherein all donations and dis-
bursements are recorded and which shall be open to
inspection at all reasonable times to the Director or such
person as (s)he shall designate. (Ord. 5343 §23, 2017:
Ord. 4162 §6, 1988).
5.17.090 PENALTY FOR VIOLATION.
All violations of this chapter shall be deemed mis-
demeanors. (Ord. 4162 §6, 1988).
5.22-1 (Revised 9/21)
Chapter 5.22
PUBLIC DANCES
Sections:
5.22.010 LICENSE - REQUIRED.
5.22.070 INTOXICATING LIQUOR.
5.22.080 EXCLUSIONS.
5.22.010 LICENSE - REQUIRED.
It is unlawful for any person, firm, or corporation to
conduct any public dance to which the general public is
admitted without first having obtained a regulatory
license in addition to a general business license issued
under Chapter 5.02 BMC. Applications for regulatory
licenses shall be filed with the Tax and License Division
of the Department of Community Development. (Ord.
5421 §7, 2021; Ord. 5343 §24, 2017: Ord. 4162 §8,
1988; Ord. 4045 §1, 1986)
5.22.070 INTOXICATING LIQUOR.
It is unlawful for any person, persons, firms or cor-
porations to sell or permit to be sold or to in any way
supply or permit to be supplied or allow to be consumed
or possessed any intoxicating liquor on the premises
subject to this chapter in violation of any Washington
state liquor control regulation codified in RCW Title 66
or as hereafter amended. (Ord. 4045 §6, 1986)
5.22.080 EXCLUSIONS.
The provisions of this chapter, except 5.22.070 per-
taining to intoxicating liquors, shall not apply to frater-
nal organizations conducting dances upon the premises
occupied by them where admission is restricted to mem-
bers of such orders and the families of members of such
orders. (Ord. 4045 §7, 1986)
5.36-1 (Revised 9/21)
Chapter 5.36
SPECIAL EVENTS
Sections:
5.36.010 LICENSE - REQUIRED.
5.36.020 LICENSE - TERMS.
5.36.050 SPONSOR TO PROVIDE
VENDOR LIST.
5.36.060 USE OF CITY STREETS AND
SIDEWALKS.
5.36.070 COMPLIANCE WITH OTHER
PROVISIONS.
5.36.075 INSURANCE REQUIRED.
5.36.080 NEIGHBORHOOD BLOCK
PARTY - EXEMPTION.
5.36.010 LICENSE - REQUIRED.
No person, firm, company, or corporation shall run,
manage, operate, or conduct any circus, parade, carnival
games/rides, street fairs, sidewalk sales, or other promo-
tional activity within the City without first obtaining a
regulatory license in addition to a general business
license issued under Chapter 5.02 BMC. Applications
for regulatory licenses shall be filed with the Tax and
License Division of the Department of Community
Development. (Ord. 5421 §8, 2021; Ord. 5343 §25,
2017: Ord. 5328 §1 (part), 2017: Ord. 4162 §12, 1988;
Ord. 4046 §1, 1986)
5.36.020 LICENSE - TERMS.
The City reserves the right to charge any sponsor of
a special event direct costs incurred by the City as a
result of the event. Such costs may include the cost of
barricading streets, plan reviews, or public safety
involvement. (Ord. 5328 §1 (part), 2017: Ord. 4368 §13,
1992; Ord. 4162 §12, 1988; Ord. 4046 §2, 1986)
5.36.050 SPONSOR TO PROVIDE VENDOR
LIST.
The sponsor of the event will provide the Director
of Community Development or designee with a list of
all participating vendors at least three (3) days prior to
the event. (Ord. 5343 §26, 2017: Ord. 5328 §1 (part),
2017: Ord. 4046 §5, 1986)
5.36.060 USE OF CITY STREETS AND
SIDEWALKS.
No person, firm, company, or corporation shall run,
manage, operate, or conduct sidewalk sales, business
activities or special events of any nature upon any side-
walk, street, highway, alley or other public property
within the City, unless such activity is for the general
public welfare and benefit. (Ord. 5328 §1 (part), 2017:
Ord. 4162 §12, 1988; Ord. 4046 §6, 1986)
5.36.070 COMPLIANCE WITH OTHER
PROVISIONS.
No license shall be issued to any person, firm, com-
pany or corporation to run, operate, conduct or manage
any show, exhibition, game or other special event within
the City which is in violation of any ordinance of the
City or statute of the State of Washington. (Ord. 5328 §1
(part), 2017: Ord. 4046 §7, 1986)
5.36.075 INSURANCE REQUIRED.
Any person, firm, company, or corporation receiv-
ing a license pursuant to this chapter shall provide a cer-
tificate of insurance with minimum liability coverage of
five hundred thousand dollars ($500,000) combined sin-
gle limit bodily injury and property damage, including
products liability if food and/or beverage vending is part
of the special event or public amusement. The certificate
of insurance shall name the City as an additional insured
if the license is for an event held on City property. (Ord.
5328 §1 (part), 2017: Ord. 4162 §12, 1988)
5.36.080 NEIGHBORHOOD BLOCK PARTY
- EXEMPTION.
Neighborhood block parties are exempt from hav-
ing to apply for and obtain a special event permit. How-
ever, in the event a neighborhood block party will
require a street closure, an application for street closure
must be applied for using the form and process similar
to that used for street closures for special events and
with such terms and conditions as established by the
Director of Public Works and Utilities or designee
("Director"). The granting of a street closure is subject
to the discretion of the Director. For the purpose of this
section, neighborhood block party is defined as follows:
Neighborhood block parties provide opportunities to
connect with neighbors, celebrate, work on common
projects, and strengthen community relationships.
These events are held and attended by people living in
the neighborhood surrounding the street; they are not
intended to be open to the general public. (Ord. 5328 §1
(part), 2017)
5.96-1 (Revised 9/21)
Chapter 5.96
EROTIC DANCE STUDIOS
Sections:
5.96.010 PURPOSE.
5.96.020 DEFINITIONS.
5.96.040 CERTAIN ACTIVITIES
PROHIBITED.
5.96.050 LICENSE - REQUIRED.
5.96.060 LICENSE - RENEWAL.
5.96.070 DANCER’S LICENSE -
REQUIRED.
5.96.080 DANCER’S LICENSE - TERMS -
RENEWAL.
5.96.100 REGULATIONS.
5.96.110 INSPECTIONS.
5.96.130 VIOLATION - PENALTY.
5.96.010 PURPOSE.
The purpose of this chapter is to regulate erotic
dance studios to the end that the many types of criminal
activities frequently engendered by such studios will be
curtailed. However, it is recognized that such regulation
cannot, de facto, approach prohibition otherwise a pro-
tected form of expression would vanish. This chapter
represents a balancing of competing interests; reduced
criminal activity through the regulation of erotic dance
studios versus the protected rights of erotic dancers and
patrons. (Ord. 3958 §1, 1985)
5.96.020 DEFINITIONS.
In this chapter, the following definitions shall
apply, unless the context clearly requires otherwise:
(a) "Dancer" means a person who dances or other-
wise performs for an erotic dance studio and who seeks
to arouse or excite the patrons’ sexual desires.
(b) "Erotic dance studio" means place of business
or establishment where one or more dancers or other
live performers emphasize and seek to arouse or excite
the patrons’ sexual desires.
It shall be prima facie evidence that a place of busi-
ness or establishment is an erotic dance studio when one
or more dancers or performers display or expose, with
less than a full opaque covering, that portion of the
female breast lower than the upper edge of the areola.
(c) "Inspector" means business license inspector.
(d) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §27, 2017: Ord. 4237 §2,
1989; Ord. 3958 §2, 1985)
5.96.040 CERTAIN ACTIVITIES
PROHIBITED.
No person shall perform lewd acts as defined in
BMC 9A.44.070. (Ord. 4237 §4, 1989; Ord. 4162 §22,
1988; Ord. 3958 §4, 1985)
5.96.050 LICENSE - REQUIRED.
It shall be unlawful to operate, maintain, or manage
an erotic dance studio without first obtaining a regula-
tory license from the City in addition to a general busi-
ness license issued under Chapter 5.02 BMC.
Applications for regulatory licenses shall be filed with
the Tax and License Division. (Ord. 5421 §9, 2021; Ord.
5343 §28, 2017: Ord. 4162 §22, 1988; Ord. 3958 §6,
1985)
5.96.060 LICENSE - RENEWAL.
In order to renew, the licensee shall reapply using
application procedures and requirements set forth in
Chapter 5.03. (Ord. 4368 §23, 1992; Ord. 4162 §22,
1988; Ord. 3958 §6, 1985)
5.96.070 DANCER’S LICENSE - REQUIRED.
No person shall dance at an erotic dance studio
without obtaining a dancer’s license issued by the City.
(Ord. 4162 §22, 1988; Ord. 3958 §8, 1985)
5.96.080 DANCER’S LICENSE - TERMS -
RENEWAL.
A dancer’s license shall entitle a dancer to dance
only at the business indicated on the license. In order to
renew, the licensee shall reapply using application pro-
cedures and requirements set forth in Chapter 5.03.
(Ord. 4368 §24, 1992; Ord. 4162 §22, 1988; Ord. 3958
§8, 1985)
5.96.100 REGULATIONS.
(a) No person, firm, partnership, corporation, or
other entity shall advertise, or cause to be advertised, an
erotic dance studio without a valid erotic dance studio
license issued pursuant to this chapter.
(b) No later than March 1st of each year, an erotic
dance studio licensee shall file a verified report with the
inspector showing the licensee’s gross receipts and
amounts paid to dancers for the preceding calendar year.
(c) An erotic dance studio licensee shall maintain
and retain for a period of two years the names, addresses
and ages of all persons employed as dancers by the
licensee.
(d) No erotic dance studio licensee shall employ as
a dancer a person under the age of eighteen years or a
person not licensed pursuant to this chapter.
(e) No person under the age of eighteen years shall
be admitted to an erotic dance studio.
(f) An erotic dance studio shall be closed between
two a.m. and eight a.m.
(Revised 9/21)5.96-2
(g) No erotic dance studio licensee shall serve,
sell, distribute, or suffer the consumption or possession
of any intoxicating liquor or controlled substance upon
the premises of the licensee.
(h) An erotic dance studio licensee shall conspicu-
ously display all licenses required by this chapter.
(i) All dancing shall occur on a platform intended
for that purpose which is raised at least two feet from the
level of the floor.
(j) No dancing shall occur closer than ten feet to
any patron.
(k) No dancer shall fondle or caress any patron and
no patron shall fondle or caress any dancer.
(l) No patron shall directly pay or give any gratu-
ity to any dancer.
(m) No dancer shall solicit any pay or gratuity from
any patron. (Ord. 3958 §10, 1985)
5.96.110 INSPECTIONS.
All books and records required to be kept pursuant
to this chapter shall be open to inspection by the City
Attorney or agents thereof, during the hours when the
erotic dance studio is open for business. The purpose of
such inspection shall be to determine if the books and
records meet the requirements of this chapter. (Ord.
3958 §11, 1985)
5.96.130 VIOLATION - PENALTY.
Any person, firm, or corporation violating any pro-
vision of this chapter shall be guilty of a misdemeanor.
(Ord. 4162 §22, 1988; Ord. 3958 §13, 1985)
(Revised 9/21)
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
6.28 UNIFORM LITTER CONTROL CODE
6.32 NOISE LEVELS
10.10-3 (Revised 9/21)
Clerk shall post notice in the particular residential area
of the future location and boundaries of the proposed
residential restricted parking zone and of the right of the
property owner to appeal the designation within seven
(7) working days. A timely appeal will stay the action
until the Municipal Court Hearing Examiner’s review
and decision. The Hearing Examiner shall be authorized
to deny the creation, deletion, boundary change or time
change if he/she determines that significant errors were
made in the process that created a substantial likelihood
that the creation, deletion, boundary or time change
would have failed had proper procedures been followed
or if he/she determines that the creation, deletion or
boundary change is not in the best interest of the com-
munity.
The change shall be enforceable following the expi-
ration of the appeal period or at such time as any appeal
filed is denied. Until such time, the parking restriction
previously in place, if any, shall continue.
(d) Posting.
(1) If the creation, deletion, boundary change
or time change is subject to appeal under subsection (c)
of this section, the creation, deletion, boundary change
or time change shall become effective at such time as
notice is posted in the affected area of the location and
boundaries of the residential restricted parking zone,
and either:
(i) The seven (7) working day appeal
period has expired without an appeal being filed; or
(ii) At such time as a decision of the
Hearing Examiner is issued on an appeal filed under
subsection (b) of this section.
(2) If the creation, deletion, boundary change
or time change is not subject to appeal under subsection
(c) of this section, the creation, deletion, boundary
change or time change shall become effective upon
posting of applicable parking restriction signage in the
residential restricted parking zone.
(e) Permit Only Zone. Effective April 1, 2013,
permit only zones cannot be created nor can their
boundaries be changed by petition. Permit only zones in
effect on January 1, 2013, are grandfathered and may
remain in effect or be deleted by petition. The City
Council may, at any time, create, delete or change the
boundary of a permit only zone. (Ord. 5206 §2 (part),
2013)
10.10.050 PARKING PERMITS.
(a) Residential Parking Permits. Residential park-
ing permits may be issued to park in a residential
restricted parking zone as follows:
(1) Residential parking permits will only be
issued to applicants who are:
(i) A legal resident of the residential
restricted parking zone who has a motor vehicle regis-
tered in his or her name, or who has a motor vehicle for
his or her exclusive use and under his or her control; or
(ii) A person who owns or leases com-
mercial property and actively engages in business activ-
ity within a residential restricted parking zone;
(2) Residential parking permits may be issued
for motor vehicles not exceeding twenty-two (22) feet in
length or having a maximum gross vehicle weight in
excess of ten thousand (10,000) pounds;
(3) Parking in a residential restricted parking
zone is restricted to parking within two (2) blocks of the
dwelling unit or business location assigned to the resi-
dential permit or to any other area as designated by the
Director; and
(4) Permits will be issued for one (1) year
terms and be renewed upon expiration conditioned upon
meeting the residency requirements for a permit. There
shall be a limit of two (2) residential parking permits
issued per dwelling unit/business location, unless park-
ing availability allows a greater number not to exceed
four (4) permits per dwelling unit as determined by the
Director in his or her sole discretion.
(b) Visitor Parking Permits. Visitor parking per-
mits are authorized for residents of a residential
restricted parking zone for bona fide transient use for
visitors to the residence. No dwelling unit or place of
business located in a residential restricted parking zone
shall be issued more than one (1) visitor permit. It shall
be the responsibility of the resident to control the use of
the permit. Bona fide transient uses include: visiting
guests, babysitters, repair persons and other similar vis-
itors. The following is prohibited:
(1) Parking in excess of seven (7) days within
any thirty (30) day period unless approved administra-
tively prior to such use; or
(2) Parking more than one (1) block from the
permitted residence; or
(3) Use of visitor permits by residents for the
residents’ vehicles. Visitor permits shall only be used
for visitor vehicles.
(c) Service Parking Permits. Service parking per-
mits may be issued, on a short term temporary basis, for
parking of vehicles on a street for a period of time
exceeding a parking restriction time period established
in BMC 10.10.030 and 10.10.040(a) when necessary.
Service parking permits may be issued to landlords or
their contractors for building improvements, individuals
working in a home service industry (home health care,
etc.), or for other short-term use for the providing of ser-
vices to a residence or to a business in a residential
restricted parking zone or a nonresidential restricted
parking zone. Service parking permits, and any exten-
sions thereto, shall be issued for a period not to exceed
thirty (30) days unless the Director determines that a
(Revised 9/21)10.10-4
longer period is warranted. The City may require proof
of ongoing continuous work and of a City business or
landlord license, as applicable, as a condition to main-
taining or extending a valid permit. The following is
prohibited:
(1) Parking more than two (2) blocks from the
permitted dwelling unit.
(d) Recreational Vehicles. Residential permits
may be issued for recreational vehicle and boat trailer
parking as follows:
(1) The parking permit shall be valid for a
period of time not exceeding forty-five (45) days during
a calendar year;
(2) Parking during the permit term shall not
exceed five (5) consecutive days in the same location;
and
(3) Recreational vehicles are prohibited from
parking more than two (2) blocks from the permitted
dwelling unit.
(e) Display. Parking permits shall state thereon the
restricted parking zone, the permit holder’s residential
permit identification number and the expiration date.
When possible, permits shall be displayed so as to be
clearly visible through the rear window of the vehicle on
the left side thereof or the front windshield on the left
side when necessary. Otherwise, all permit types shall
be visible from the outside of the vehicle at all times or
in another location designated by the Director. A park-
ing permit shall not guarantee or reserve to the holder
thereof an on-street parking space within the designated
residential parking area.
(f) The Director may establish policies for the
issuance of parking permits. Parking permits may be
issued throughout different times of the year based on
zones or other criteria.
(g) Permits issued pursuant to this section are not
subject to the parking restriction time periods such as
one (1), two (2), three (3), or four (4) hour parking set
forth in BMC 10.10.030 and 10.10.040(a); however,
they are subject to the five (5) day parking restriction set
forth in BMC 10.10.070(b)(1) unless otherwise permit-
ted with a temporary parking permit pursuant to BMC
10.10.070(b)(4). (Ord. 5414 §2, 2021; Ord. 5392 §2,
2019: Ord. 5206 §2 (part), 2013)
10.10.060 PARKING FOR DISABLED
PERSONS.
(a) As authorized pursuant to RCW 46.61.582, a
person who has received a current and valid special dis-
abled person’s card, decal or license plate from the
Washington State Department of Licensing under RCW
46.19.050 shall be allowed to park a vehicle being used
to transport such person in parking meter spaces free of
charge and in nonmetered spaces for unlimited periods
of time in parking zones or areas which are otherwise
restricted as to the length of time parking is permitted
except as otherwise provided in subsection (b) of this
section. This section shall have no application to those
zones or areas in which the stopping, parking or stand-
ing of all vehicles is prohibited or which are reserved for
special types of vehicles. Such person shall not be per-
mitted the foregoing privilege unless the person obtains
and displays a distinguishing card, decal, or license plate
issued pursuant to RCW 46.19.050.
(b) No person shall stop, stand or park a vehicle in
a parking space reserved for disabled persons provided
on street or on private property without charge without
obtaining and displaying a special license plate, card, or
decal issued pursuant to RCW 46.19.050, provided, pur-
suant to RCW 46.19.050, a time limitation of four (4)
hours is imposed on the use of such parking spaces for
on-street parking when so signed and a time restriction
of four (4) hours is imposed on the use of nonreserved,
on-street parking spaces by vehicles displaying the spe-
cial parking placards when such time restriction is
clearly posted.
(c) A parking space or stall for a disabled person
shall be identified as described in RCW 46.61.581,
including fine, time limitation (if applicable), and tow-
away information. Notwithstanding any provision in
this chapter, in accordance with RCW 46.61.581, failure
of the person owning or controlling the property where
required parking spaces are located to erect and main-
tain the sign is a Class 2 civil infraction under Chapter
7.80 RCW for each parking space that should be so des-
ignated. The person owning or controlling the property
where the required parking spaces are located shall
ensure that the parking spaces are not blocked or made
inaccessible, and failure to do so is a Class 2 civil infrac-
tion.
(d) No person shall make inaccessible the access
aisle located next to a space reserved for physically dis-
abled persons.
(e) Special Plate, Card or Decal Issued by Another
Jurisdiction. RCW 46.61.583 is hereby adopted by ref-
erence. (Ord. 5206 §2 (part), 2013)
10.10.070 PARKING VIOLATIONS.
In addition to those statutes set forth in the Wash-
ington Model Traffic Ordinance as adopted pursuant to
Chapter 10.04 BMC restricting standing, stopping and
parking of vehicles, it shall be unlawful and punishable
as a civil infraction for any person to commit any of the
following actions:
(a) Parking in Time Limit and No Repark Zones.
(1) Downtown Core. Where a time limit and
no reparking is established by official signs, no vehicle
may be reparked on either side of the same named street
(i.e., Pacific Avenue or 5th Street) in the downtown core
during the same calendar day after the expiration of the
posted time limit. For purposes of this section, a vehicle
10.42-1 (Revised 9/21)
Chapter 10.42
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
10.42.010 AUTOMATED TRAFFIC
SAFETY CAMERAS
AUTHORIZED.
10.42.020 NOTICE OF INFRACTION.
10.42.030 TRAFFIC INFRACTIONS
DETECTED THROUGH THE
USE OF AN AUTOMATED
TRAFFIC SAFETY CAMERA.
10.42.040 MONETARY PENALTIES.
10.42.050 SIGNAGE.
10.42.060 ELECTRONIC SIGNATURES.
10.42.070 FUNDS ALLOCATED.
10.42.010 AUTOMATED TRAFFIC SAFETY
CAMERAS AUTHORIZED.
The use of automated traffic safety cameras to
detect violations of WAC 308-330-408 and 308-330-
423, which the City has adopted by reference as sections
of the Model Traffic Ordinance, is authorized at inter-
sections where two (2) arterial roadways intersect and in
school speed zones, subject to the restrictions specified
in State law (RCW 46.63.170). (Ord. 5018 §2 (part),
2007)
10.42.020 NOTICE OF INFRACTION.
A police officer or other authorized representative
of the City has the authority to issue a notice of traffic
infraction when the infraction is detected through the
use of an automated traffic safety camera under this
chapter. (Ord. 5018 §2 (part), 2007)
10.42.030 TRAFFIC INFRACTIONS
DETECTED THROUGH THE USE
OF AN AUTOMATED TRAFFIC
SAFETY CAMERA.
(a) A notice of infraction based on evidence
detected through the use of an automated traffic safety
camera shall be mailed to the registered owner of the
vehicle within fourteen (14) days of the violation, or to
the renter of a vehicle within fourteen (14) days of estab-
lishing the renter’s name and address under subsection
(c)(1) of this section. The police officer or other autho-
rized representative of the City issuing the notice of
infraction shall include with it a certificate or facsimile
thereof, based upon inspection of photographs, micro-
photographs, or electronic images produced by an auto-
mated traffic safety camera, stating the facts supporting
the notice of infraction. This certificate or facsimile is
prima facie evidence of the facts contained in it and is
admissible in a proceeding charging a violation of WAC
308-330-408 or 308-330-423. The photographs, micro-
photographs, or electronic images evidencing the viola-
tion must be available for inspection and admission into
evidence in a proceeding to adjudicate the liability for
the infraction.
(b) A person receiving such a notice of infraction
may respond to the notice by mail. The registered owner
of a vehicle is responsible for such an infraction unless
the registered owner overcomes the presumption in sub-
section (e) of this section, or, in the case of a rental car
business, satisfies the conditions under subsection (c) of
this section. If appropriate under the circumstances, a
renter identified under subsection (c)(1) of this section
is responsible for such an infraction.
(c) If the registered owner of the vehicle is a rental
car business, the peace officer shall, before such a notice
of infraction is issued, provide a written notice to the
rental car business that a notice of infraction may be
issued to the rental car business if the rental car business
does not, within thirty (30) days of receiving the written
notice, provide to the peace officer by return mail:
(1) A statement under oath stating the name
and known mailing address of the individual driving or
renting the vehicle when the infraction occurred; or
(2) A statement under oath that the business is
unable to determine who was driving or renting the
vehicle at the time the infraction occurred because the
vehicle was stolen at the time of the infraction. A state-
ment provided under this subsection must be accompa-
nied by a copy of a filed police report regarding the
vehicle theft; or
(3) In lieu of identifying the vehicle operator,
the rental car business may pay the applicable penalty.
Timely mailing of this statement to the peace offi-
cer relieves a rental car business of any liability under
this chapter for the notice of infraction.
(d) For the purposes of this chapter, "automated
traffic safety camera" means a device that uses a vehicle
sensor installed to work in conjunction with an intersec-
tion traffic control system, or a speed measuring device,
and a camera synchronized to automatically record one
(1) or more sequenced photographs, microphotographs,
or electronic images of the rear of a motor vehicle at the
time the vehicle fails to stop when facing a steady red
traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a
school speed zone as detected by a speed measuring
device.
(e) In a traffic infraction case involving an infrac-
tion detected through the use of an automated traffic
safety camera, proof that the particular vehicle
described in the notice of traffic infraction was in viola-
tion of WAC 308-330-408 or 308-330-423, together
with proof that the person named in the notice of traffic
(Revised 9/21)10.42-2
infraction was at the time of the violation the registered
owner of the vehicle, constitutes in evidence a prima
facie presumption that the registered owner of the vehi-
cle was the person in control of the vehicle at the point
where, and for the time during which, the violation
occurred. This presumption may be overcome only if
the registered owner states, under oath, in a written
statement to the court or in testimony before the court
that the vehicle involved was, at the time, stolen or in the
care, custody, or control of some person other than the
registered owner (RCW 46.63.075 and 46.63.170).
(Ord. 5018 §2 (part), 2007)
10.42.040 MONETARY PENALTIES.
A traffic infraction for violations of WAC 308-330-
408 or 308-330-423 detected through the use of an auto-
mated traffic safety camera shall be processed in the
same manner as a parking infraction. The base monetary
penalty for a violation of either WAC 308-330-408 or
308-330-423 shall be the same as the fine established for
each pursuant to State or local law, including statutory
assessments. However, the amount of the fine issued for
an infraction generated through the use of an automated
traffic safety camera shall not exceed the amount of a
fine issued for parking infractions within the City,
including disabled parking infractions. (Ord. 5018 §2
(part), 2007)
10.42.050 SIGNAGE.
All locations where an automated traffic safety
camera is used shall be clearly marked by placing signs
in locations that clearly indicate to a driver that he or she
is entering a zone where traffic laws are enforced by an
automated traffic safety camera. (Ord. 5018 §2 (part),
2007)
10.42.060 ELECTRONIC SIGNATURES.
In connection with the photo enforcement program
as set forth in this chapter, the Chief of Police or his or
her designee is authorized to utilize electronic signa-
tures in accordance with the provisions of Chapter 19.34
RCW. (Ord. 5018 §2 (part), 2007)
10.42.070 FUNDS ALLOCATED.
All fees collected in excess of all costs incurred by
the City for operation of the automated traffic safety
cameras pursuant to this chapter shall be dedicated to
the Transportation Capital Projects Fund, unless other-
wise allocated by the City Council. (Ord. 5426 §1, 2021)
15.01-1 (Revised 9/21)
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 9/21)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 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 9/21)
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, installing
the service and meter, restoring the surface, and all other
costs associated with the physical connection of the cus-
tomer 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-
round. 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 9/21)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.
15.01-7 (Revised 9/21)
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 owner of a utility facility
and the City for the purpose of reimbursing the owner
for all or part of the costs for installation or extension of
the utility system by subsequent development 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 (1) 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 9/21)15.01-8
15.01.020
distance (run) and the second is the vertical distance
(rise), as two to one (2:1). A two-to-one (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 one-to-one (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. All developed properties within
the City are connected to the stormwater system.
"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
15.01-9 (Revised 9/21)
Bremerton Municipal Code 15.01.050
body of water as identified and numbered by the State of
Washington Water Resource Inventory Areas (WRIAs)
as defined in Chapter 173-500 WAC.
"Wetlands" shall mean those areas as defined in the
City’s critical areas ordinance and include areas that are
inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. (Ord. 5427 §§1-3,
2021; 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 prior to making any utility service
connection. 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 all utility services, as herein provided, prior to
making any utility service connection. Recognizing the
broad benefits of the stormwater system as defined in
BMC 15.01.020, all developed properties within the
City are subject to the stormwater GFC regardless of
whether they are or will be physically connected to the
stormwater system. The building permit will not be
issued until all of the applicable City fees are paid. Any
request for deferment shall be in accordance with Chap-
ter 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. 5427 §4, 2021; 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 with other districts or other
public agencies providing utility service. Such service
shall be through a wholesale contract, under such terms
and conditions as shall be deemed fair and equitable by
the City and approved by the City Council. (Ord. 5427
§5, 2021; Ord. 5376 §1 (in part), 2019: Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
(Revised 9/21)15.01-10
15.01.060
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.
(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 must enter into reimbursement agree-
ments with property owners responsible for the installa-
tion of system improvements in accordance with RCW
35.91.020.
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 and shall comply with
RCW 35.91.020. The City shall determine the area that
is subject to the reimbursement and shall identify the
properties benefiting from the utility system improve-
ments in a description or a drawing that will become part
of the public utilities construction agreement.
(b) Reimbursement from each benefiting property
owner shall be determined by the City as stipulated in
the reimbursement agreement. Cost recovery payments
by properties benefiting from connections to developer
extensions shall be collected by the City.
15.01-11 (Revised 9/21)
Bremerton Municipal Code 15.01.130
(c) The City shall retain five percent (5%) of the
cost recovery payments for maintaining records and
administration of the program and forward the remain-
der of the payment to the property owner who originally
constructed the water, wastewater, or stormwater sys-
tem improvement. (Ord. 5427 §6, 2021; 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 9/21)
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 9/21)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. 5427 §7, 2021; 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 9/21)
Bremerton Municipal Code 15.02.120
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 individual parcel connected to the water
system shall be required to install a separate service con-
nection to the water main, and the premises so supplied
will not be allowed to supply water to any other prem-
ises or parcel. However, these restrictions shall not
apply to existing services unless improvements 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 dis-
continued.
(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, each and every water meter shall have a shut-off
valve on the customer side of the meter. Each water
meter not already equipped with a shut-off valve as pro-
vided herein, must install a shut-off valve at the owner’s
expense. A shut-off valve must be installed within
ninety (90) days of written notice from the City. Failure
to install a shut-off valve within the time required will
result in fees and costs for any calls related to temporary
shut-off of service.
(h) 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) water meter, must be provided with
a separate 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
sufficient reason to deny any adjustment in the water bill
in the event of leakage due to these causes.
(i) 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. 5427 §9,
2021; 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)
(Revised 9/21)15.02-4
15.02.130
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
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)
15.02-4.1 (Revised 9/21)
Bremerton Municipal Code 15.02.160
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-
15.03-3 (Revised 9/21)
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 individual parcel connected to the wastewa-
ter 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 restrictions 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) percent or less than the
total improvement cost of the project, or in the judgment
of the Director, such existing connection should be dis-
continued. When a single parcel of land having more
than one (1) residential structure served by a single con-
nection is subdivided, the installation of new connec-
tions shall be required for the structures on the newly
established lots. The application for service will be filed
prior to the approval of the subdivision. Separate ser-
vices will be consistent with the provisions of this chap-
ter. (Ord. 5427 §8, 2021; 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 9/21)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
15.04-1 (Revised 9/21)
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 9/21)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.
All developed properties within the City are subject
to the rates, GFCs, and other charges for stormwater ser-
vice described in Chapter 15.06 BMC. In addition,
storm drainage mitigation may be required pursuant to
BMC 15.04.070. (Ord. 5427 §10, 2021; Ord. 5376 §3
(part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1
(part), 2014: Ord. 5209 §3 (part), 2013)
15.04-3 (Revised 9/21)
Bremerton Municipal Code 15.04.100
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
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)
(Revised 9/21)15.04-4
15.04.110
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-
20.12-1 (Revised 9/21)
Bremerton Municipal Code 20.12.040
Chapter 20.12
LAND DIVISION
Sections:
20.12.010 PURPOSE.
20.12.020 APPLICABILITY.
20.12.030 EXEMPTIONS.
20.12.040 DEFINITIONS.
20.12.050 ADMINISTRATION.
20.12.060 GENERAL PROVISIONS.
20.12.070 SURVEY REQUIREMENTS.
20.12.080 SUBDIVISION CATEGORIES.
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
20.12.110 SUBMITTAL REQUIREMENTS
- PRELIMINARY
SUBDIVISION.
20.12.120 APPROVAL CRITERIA - FINAL
SUBDIVISION.
20.12.130 SUBMITTAL REQUIREMENTS
- FINAL SUBDIVISION.
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
20.12.150 RECORDING FINAL
SUBDIVISIONS.
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
20.12.170 SUBDIVISION VESTING.
20.12.175 BOUNDARY LINE
ADJUSTMENTS.
20.12.180 VIOLATION - PENALTY.
20.12.010 PURPOSE.
These regulations are for the purpose of regulating
the subdivision of land and support the rights of prop-
erty owners to develop their property while protecting
the public health, safety and general welfare of the com-
munity, to establish procedures for the subdivision and
resubdivision of land in order to further the orderly lay-
out and use of land, to guide the future growth and
development of the community in accordance with the
goals, objectives and policies of the City’s Comprehen-
sive Plan, and to ensure compliance with the City’s
development and engineering requirements. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.020 APPLICABILITY.
(a) This chapter shall apply to all divisions of
lands including short subdivisions, formal subdivisions,
and binding site plans hereafter established within the
incorporated areas of the City of Bremerton.
(b) This chapter is applied in conjunction with
Chapter 2.13 BMC, Administrative Hearing Examiner;
Chapter 20.02 BMC, Project Permits; Chapter 20.04
BMC, State Environmental Policy Act; BMC Title 20,
Division III, Zoning; the Bremerton Shoreline Master
Program; Chapter 20.14 BMC, Critical Areas; and other
applicable codes referencing this chapter. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.030 EXEMPTIONS.
The provisions of this chapter do not apply to the
exemptions specified in the State law, including but not
limited to:
(a) Cemeteries and other burial plots while used
for that purpose.
(b) Divisions of land made by testamentary provi-
sions, or the laws of descent.
(c) A division of land for the purpose of lease
when no residential structure, other than mobile homes
or travel trailers, are to be placed upon the land.
(d) Division of land due to condemnation or sale
under threat thereof by an agency or division of govern-
ment vested with the power of condemnation.
(e) A division of land into lots or tracts of less than
three (3) acres that is recorded in accordance with Chap-
ter 58.09 RCW (Survey Recording Act) and is used or
to be used for the purpose of establishing a site for con-
struction and operation of consumer-owned or investor-
owned electric utility facilities. The exemption only
applies to electric utility facilities that will be placed
into service to meet the electrical needs of a utility’s
existing and new customers. "New customers" are
defined as electric service locations not already in exis-
tence as of the date that electric utility facilities subject
to the provisions of this section are planned and con-
structed.
(f) A division of land for the purpose of leasing
land for facilities providing personal wireless services
while used for that purpose.
(g) A division of land for the purpose of dedicating
to the public such tracts of lands for open spaces, drain-
age ways, roads, alleys, easements, parks, playgrounds,
sites for schools, school grounds, water supplies, sani-
tary wastes and other general purposes that may be
required to protect the public health, safety and welfare.
(h) Condominiums, pursuant to RCW 58.17.040.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4980 §1
(part), 2006)
20.12.040 DEFINITIONS.
The following definitions apply to this chapter and
they should be used in conjunction with other defini-
tions found in BMC Title 20. However, these definitions
are not intended to replace or alter similar definitions
(Revised 9/21)20.12-2
20.12.040
found elsewhere within the Bremerton Municipal Code
except when specifically applied to the provisions of
this chapter.
"Auditor, County" means the person defined in
Chapter 36.22 RCW or the office of the person assigned
such duties under the Kitsap County Charter.
"Binding site plan" means a drawing to a scale
specified by this chapter which: (a) identifies and shows
the areas and locations of all streets, roads, improve-
ments, utilities, open spaces, and any other matters spec-
ified by local regulations; (b) contains inscriptions or
attachments setting forth such appropriate limitations
and conditions for the use of the land as are established
by the local government body having authority to
approve the site plan; and (c) contains provisions mak-
ing any development be in conformity with the site plan.
"Block" means a group of lots, tracts, or parcels
within well-defined and fixed boundaries.
"Bond" means a satisfactory security to insure per-
formance and/or warranty.
"Buildable lot" means a tract or parcel of land,
legally created, which is intended for use for the place-
ment of structures separate from other parcels.
"City" means the City of Bremerton.
"Comprehensive Plan" means the City of Bremer-
ton Comprehensive Plan as adopted and amended.
"Concurrency" means the requirement that devel-
opment applications demonstrate that adequate public
facilities be available at prescribed levels of service con-
current with the impact or occupancy of development as
defined in the City’s Comprehensive Plan.
"Day(s)" means calendar days and includes Mon-
day through Sunday and all holidays.
"Dedication" means the deliberate appropriation of
land by an owner for any general and public uses,
reserving to himself or herself no other rights than such
as are compatible with the full exercise and enjoyment
of the public uses to which the property has been
devoted.
"Department" means the City of Bremerton Com-
munity Development Department.
"Director" means the City of Bremerton Director of
Community Development and/or his/her designee.
"Division of land" means any segregation of land
that creates lots, tracts, parcels, or sites not otherwise
exempted by this title that alters or affects the shape,
size or legal description of any part of the owner’s land.
"Electric utility facilities" means unstaffed facilities
except for the presence of security personnel that are
used for or in connection with, or to facilitate the trans-
mission, distribution, sale, or furnishing of, electricity
including, but not limited to, electric power substations.
"Hearing Examiner" means the person appointed
by the Mayor, with the powers and duties prescribed in
Chapter 2.13 BMC.
"Lot" means a fractional part of divided lands hav-
ing fixed boundaries being of sufficient area and dimen-
sion to meet the minimum and maximum underlying
zoning district requirements for width, area and street
frontage. The term shall include tracts or parcels.
"Personal wireless services" means any federally
licensed personal wireless service. "Facilities" means
unstaffed facilities that are used for the transmission or
reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters, and support
structures.
"Plat" means a map or representation of a subdivi-
sion, showing thereon the division of a tract or parcel of
land into lots, blocks, streets and alleys, or other divi-
sions and dedications.
"Plat certificate" means a title report or subdivision
guarantee that is prepared by a title company for the
property contained in a proposed short subdivision, sub-
division or binding site plan, to include, as a minimum,
all owners of record, easements and encumbrances
affecting said property.
"Plat, final" means the final drawing of the subdivi-
sion and dedication prepared for filing for record with
the County Auditor and containing all elements and
requirements set forth in this chapter and Chapter 58.17
RCW.
"Plat, formal" means the map or representation of a
formal subdivision.
"Plat, preliminary" means a neat and approximate
drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and other ele-
ments consistent with the requirements of this chapter.
The preliminary plat shall be the basis for the approval
or disapproval of the general layout of a subdivision or
short subdivision.
"Plat, short" means the map or representation of a
short subdivision.
"State Environmental Policy Act (SEPA)" means
environmental review procedures required under Chap-
ter 43.21C RCW, Chapter 197-11 WAC and Chapter
20.04 BMC.
"Subdivision" means the division or redivision of
land through short subdivision, formal subdivision, or
binding site plan.
"Subdivision, formal" means the division or redivi-
sion of land into ten (10) or more lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
"Subdivision, short" means the division or redivi-
sion of land into nine (9) or fewer lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
20.12-2.1 (Revised 9/21)
Bremerton Municipal Code 20.12.040
"Title notice" means a written notice attached to the
title of a parcel of land by the property owner at the
request of the City of Bremerton with a recording of said
notice at the Kitsap County Auditor’s Office per a legal
description of said parcel for the purpose of notifying
20.12-7 (Revised 9/21)
Bremerton Municipal Code 20.12.140
(e) Improvements have been constructed or
bonded at one hundred fifty (150) percent of estimated
construction value. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4980 §1 (part), 2006)
20.12.130 SUBMITTAL REQUIREMENTS -
FINAL SUBDIVISION.
An applicant seeking final approval of a short sub-
division, formal subdivision, or binding site plan must
submit a complete application requesting approval. It is
the responsibility of the applicant to provide all of the
necessary information before the application is pro-
cessed. In conjunction with the appropriate fee a com-
plete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form. Application shall be made
on the appropriate forms prescribed by the Department
and shall be signed and dated by the property owner or
authorized agent. When an authorized agent is involved,
they shall provide proof they represent the legal interests
of the property owner.
(b) Final Plan. The final plan shall be an original
that is legibly drawn in black ink and is suitable for pro-
ducing legible prints through scanning, microfilming or
other standard copying procedures. The map shall mea-
sure eighteen (18) inches by twenty-four (24) inches and
shall include all of the following:
(1) Drawn to scale at no less than one (1) inch
to two hundred (200) feet and the scale shall be shown
on the drawing;
(2) Include the date, title, name and location
of the subject property, graphic scale and true north
point;
(3) Complete legal description of the lands
being divided;
(4) The location of all existing fences, struc-
tures, and other improvements;
(5) The location of any lakes, ponds, wet-
lands, streams, creeks, and slopes (top and toe and per-
centage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and
easements within or abutting the subject property;
(7) Display the lines of all streets and roads,
alley lines, lot lines, lot and blocks numbered in numer-
ical order, reservations, easements, and any areas to be
dedicated to public use, with notes stating their purpose
and any limitations;
(8) Contain data sufficient to determine read-
ily and reproduce on the ground the location, bearing,
and length of every street, easement line, lot line, bound-
ary line and block line on site;
(9) Include dimensions;
(10)Include section subdivision information.
Methods and data used for corner reestablishment or
section subdivision shall be stated on plat;
(11) When applicable, display all interior per-
manent control monuments located as determined by the
City Engineer’s office. All monuments and property
corners shall be installed prior to the release of any
bond;
(12) If the subdivision includes a dedication,
the following statements shall be included:
(i) The dedication of all streets and other
areas to the public, and individual or individuals, reli-
gious society or societies, or to any corporation, public
or private, as shown on the plat;
(ii) A waiver of all claims for damages
against any governmental authority which may be occa-
sioned to the adjacent land by the established construc-
tion, drainage and maintenance of said road;
(13) Said statements shall be signed and
acknowledged before a notary public by all parties hav-
ing any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures
detailed in BMC 20.12.090;
(16) Treasurer’s certificate to ensure payment
of taxes; and
(17) Other information requested during the
preliminary approval.
(c) Lot Numbering. Lots shall be consecutively
numbered; tracts shall be lettered alphabetically and in
consecutive order.
(d) Plat Certificates. Three (3) plat certificates for
the real property shall accompany the final plat.
(e) Lot Closures. Perimeter lot closures for all lots,
tracts, and the exterior boundary of the subdivision shall
accompany the final plat.
(f) Addressing. Addresses of the individual lots
shall be obtained from the Public Works Department.
(g) Dedications. Dedications of right-of-way are
pursuant to Chapter 11.12 BMC, Transportation Devel-
opment Code. (Ord. 5345 §4, 2018: Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
(a) Minor Amendments. At any time after prelim-
inary subdivision approval, and before final subdivision
approval, the applicant may submit an application that
proposes minor amendments to the approved prelimi-
nary subdivision. Minor amendments are allowed for
short and formal subdivisions and are processed admin-
istratively by the Department. To obtain approval the
Director must make a written determination finding that
all of the following criteria have been met:
(1) The revision(s) do not substantially
change any conditions of approval established in the
preliminary subdivision approval; and
(Revised 9/21)20.12-8
20.12.150
(2) The revision(s) will not cause the subdivi-
sion to violate any applicable City policy or regulation
nor will they be inconsistent with the findings and con-
clusions of the preliminary subdivision decision; and
(3) The revision(s) do not decrease the total
number of lots within the subdivision by more than five
(5) lots, nor does the reduction violate any density
requirements. In no case shall an increase of units be
permitted through the amendment process; and
(4) The revision(s) do not alter the external
boundaries of the project, such that the location and
external perimeter of the subdivision remains
unchanged; and
(5) The revision(s) do not represent a change
of more than ten (10) percent to any individual feature
such as but not limited to: the location or amount of
open space, design or location of stormwater systems, or
roadways; and
(6) The revision(s) do not result in the reloca-
tion of any roadway access point to an exterior street
from the subdivision; and
(7) The revision(s) do not propose phasing of
subdivision development not previously approved; and
(8) The revision(s) do not increase any
adverse impacts or undesirable effects of the subdivi-
sion on the community or surrounding area.
(b) Minor Amendment Application Process. An
application for a minor subdivision amendment may be
made at any time until the preliminary subdivision
approval has expired pursuant to BMC 20.12.060.
Amendment applications shall comply with the follow-
ing:
(1) An amended subdivision proposal shall be
submitted on the appropriate application required by the
Department and shall include all applicable information
as identified for a preliminary subdivision as outlined in
BMC 20.12.110.
(2) The Director shall have the discretion to
determine if a new SEPA checklist application, storm-
water, transportation, geotechnical, or other studies
need to be revised or updated.
(3) An approval for a subdivision amendment
shall expire at the same time as the original preliminary
subdivision approval unless the expiration date is
extended pursuant to BMC 20.12.060(k).
(c) Major Amendments. Revisions that do not
conform to all the criteria of a minor amendment (out-
lined above in subsection (a) of this section) constitute a
major amendment and shall not be permitted through the
minor amendment process set forth in subsection (b) of
this section. Major amendments shall be processed as a
new preliminary subdivision application and shall vest
to the codes in effect at the time the new application is
deemed complete. All application materials required for
a preliminary subdivision outlined in BMC 20.12.110
shall be required and the Director shall have the discre-
tion to determine if application materials, technical
reports, and studies from the previous application may
be used, or if new or updated reports will be required.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5261 §2
(part), 2014: Ord. 4980 §1 (part), 2006)
20.12.150 RECORDING FINAL
SUBDIVISIONS.
All final subdivisions shall be filed for record with
the office of the Kitsap County Auditor. The applicant
shall furnish one (1) copy of the recorded document to
the Department and one (1) copy shall be filed with the
office of the Kitsap County Assessor. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
Approvals of final subdivisions shall automatically
expire if the plans are not recorded within one (1) year
of the written approval date. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4980 §1 (part), 2006)
20.12.170 SUBDIVISION VESTING.
Subdivisions shall be governed by the statutes,
ordinances, and regulations in effect at the time of com-
plete application for preliminary subdivision and will
continue to be vested for a period of five (5) years after
the final subdivision approval. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4980 §1 (part), 2006)
20.12.175 BOUNDARY LINE
ADJUSTMENTS.
(a) Purpose. The purpose of this section is to pro-
vide procedures and criteria for the review and approval
of adjustments to boundary lines of legal lots or tracts in
order to rectify defects in legal descriptions, to allow the
enlargement of lots to improve or qualify as a building
site, to achieve increased setbacks from property lines or
sensitive areas, to correct situations wherein an estab-
lished use is located across a lot line, or for other similar
purposes. A boundary line adjustment shall not be used
to subdivide land, i.e., it shall not create any new or
additional lot, tract or parcel. The boundary line adjust-
ment is not for the purpose of avoiding public improve-
ment requirements that would be associated with a
replat or other new land division approval.
(b) Procedure.
(1) A request for a boundary line adjustment
is processed as a Type I Director’s decision pursuant to
Chapter 20.02 BMC.
(2) Boundary line adjustments may also be
accomplished as part of a plat or short plat.
20.12-9 (Revised 9/21)
Bremerton Municipal Code 20.12.175
(3) At the Director’s discretion, a site plan
review or separate permit may be required prior to the
submittal of a BLA or concurrently with the BLA per-
mit.
(c) Application Submittal Requirements. An
applicant shall submit a complete boundary line adjust-
ment application to the City. The following shall accom-
pany a complete application for the purposes of this
chapter:
(1) Evidence of ownership or authorization
from the property owner to apply.
(2) A site plan of both the existing and pro-
posed property line configuration that contains the fol-
lowing:
(i) A vicinity map that clearly marks the
site in relation to the nearest major streets, roads, and
waterways in the area;
(ii) A map at a scale of not less than one
(1) inch to fifty (50) feet which depicts the existing
property configuration, including all lot lines, dimen-
sions and lot area.
(iii) The location and dimensions of all
structures/improvements existing upon the affected lots
and the distance between such structures/improvements
and the existing and proposed boundary lines.
(iv) The location and dimensions of any
easements within or adjacent to the affected lot(s).
(v) The location, dimensions and names
of all existing or platted street rights-of-way, whether
public or private, within or adjacent to the affected lots.
(vi) The location of all existing and pro-
posed water, sewer and storm drainage facilities, on-site
wastewater disposal systems, drainfields, and wells.
(vii)The location of access to all affected
lots.
(viii)A north arrow and bar scale.
(3) The original legal descriptions of all
affected properties, together with new separate legal
descriptions for each parcel resulting from the adjust-
ment.
(4) All drawings and legal descriptions are
required to be prepared, stamped and dated by a licensed
land surveyor as set forth in BMC 20.12.070. The sur-
veyor shall confirm the following:
(i) That the boundary line adjustment
does not violate any covenants, conditions and restric-
tions (CCRs), deed restrictions, common spaces, ease-
ments, or development agreements pertaining to the
affected properties; and
(ii) All persons with interest in the prop-
erties are represented in the request.
(5) A title report prepared not more than sixty
(60) calendar days prior to application submittal and
prepared by a title company licensed in the State of
Washington, may be required.
(6) If an existing on-site sewage (septic tank)
disposal system and/or well will continue to be used on
an affected property after the boundary line adjustment,
and/or if a new on-site sewage disposal system or well
is proposed for an affected property where City code
does not require connection to the City’s municipal
sewer and/or water system, the applicant shall provide
written verification from the Kitsap Public Health Dis-
trict that the proposed lot is adequate to accommodate
an on-site sewage disposal system and/or well.
(d) Decision Criteria. The following criteria shall
be used to review and approve boundary line adjust-
ments:
(1) The boundary line adjustment shall not
result in the creation of any additional lot, tract, parcel,
site, or division.
(2) The boundary line adjustment shall not be
approved if it avoids public improvement requirements,
such as utility or right-of-way improvements, that
would be associated with a land division approval.
(3) The lots or parcels resulting after the
boundary line adjustment shall meet all dimensional
requirements specified for the applicable zone as set
forth in this title, and other applicable regulations.
(4) No lot, use, or structure is made noncon-
forming or more nonconforming than that which existed
at the time of application and is subject to the provisions
of Chapter 20.54 BMC.
(5) Will not diminish or impair existing or
future drainage, water supply, sanitary sewage disposal
(including on-site sewage disposal) or legal access.
(6) Shall not be reconfigured or adjusted
which would render access for vehicles, utilities, fire
protection, or existing easements impractical to serve
their purpose or to allow maintenance/access.
(7) Shall not violate or be inconsistent with
any conditions of approval for a previously filed land
use action, subdivision, short plat, or binding site plan
deemed relevant by the Director.
(8) Shall not result in a lot having more than
one land use designation and/or zoning; or result in
being bisected by any special overlay.
(9) Shall not result in a lot, or lots, not wholly
located within the City limits.
(10)Shall not involve lots that do not have a
common boundary.
(11)Shall not result in a lot which would be so
constrained by topography, critical areas or buffers,
unusual shape, or other site conditions that a reasonable
building site cannot be obtained except through a vari-
ance, reasonable use exemption from a critical areas
(Revised 9/21)20.12-10
20.12.180
permit, or other special exemption from the City’s zon-
ing, land use or critical area regulations.
(12)Shall not affect the boundaries of any lot,
tract, parcel or division that is the subject of a current,
unresolved City code enforcement action, code viola-
tion notice, or stop work notice; except as provided
under circumstances where the Director, Hearing Exam-
iner or judge deems a boundary line adjustment provides
an appropriate resolution.
(13)Any adjustment of boundary lines must be
approved by the Department prior to the transfer of
property ownership between adjacent legal lots.
(14)When an adjustment of boundary lines
requires a modification of access, those modifications
shall be approved by the City Engineer through a sepa-
rate permit. Any adjusted lot shall contain no more than
six (6) separate lot lines, which are straight lines except
when an irregular line is caused by an existing right-of-
way or existing lot line.
(e) Final Approval and Recording.
(1) Prior to recording, the applicant shall sub-
mit boundary line adjustment drawing(s) for approval
by the City. The City will provide a decision in writing,
to be provided to the Kitsap County Auditor’s office.
(2) Prior to final approval, documentation
authorizing the transfer of property ownership shall be
placed on the original boundary line map along with the
legal descriptions of those portions of land being trans-
ferred when lots are under separate ownership. Lot lines
within lots under the same ownership will be adjusted
upon the recording of the boundary line adjustment.
(3) A boundary line adjustment does not
become effective until all documents are recorded with
the Kitsap County Auditor. The boundary line adjust-
ment shall be recorded within one hundred eighty (180)
days of the notice of decision date or be null and void.
The applicant shall be responsible for submitting all
final documents for recording. The applicant shall pro-
vide the City the Auditor file number within seven (7)
days of recording, and a copy of the recorded boundary
line adjustment within thirty (30) days of recording.
(Ord. 5422 §3, 2021)
20.12.180 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment may be required as provided therein.
(b) In addition to, or as an alternative to, any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2).
(c) This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning
any land or building, constructing or modifying any sub-
divisions in the City for damages to anyone injured or
damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as
assuming such liability by reason of any preliminary or
final approval or by issuance of any permits or certifi-
cates authorized herein. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4980 §1 (part), 2006)
20.14-5 (Revised 9/21)
Bremerton Municipal Code 20.14.200
critical area. If work is not completed in a reasonable
time following the order, the City may implement a pro-
cess to restore or enhance the affected site. This includes
creation of new wetlands or streams to offset loss as a
result of violation of the provisions in this chapter. The
violator shall be liable for all costs of such action,
including administrative costs.
(d) Failure to comply with an administrative order
of the Director under this section shall constitute a vio-
lation subject to enforcement pursuant to this section.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.175 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment and/or enforcement may be required as provided
therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2). Each
day, or a portion thereof, during which a violation
occurs shall constitute a separate violation. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.180 SEVERABILITY.
If any clause, sentence, paragraph, section, or part
of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of com-
petent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate
the remainder of any part thereof to any other person or
circumstances, and to this end, the provisions of each
clause, sentence, paragraph, section or part of this chap-
ter are hereby declared to be severable. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.190 TREE REMOVAL.
Trees and other vegetation are important elements
of the physical environment, especially those located
within or near critical areas. This section addresses
removing trees within critical areas or their associated
buffers. Removal of trees within geological hazardous
area shall also comply with BMC 20.14.630(e) and (f).
(a) Elimination of Danger Trees. Removal of dan-
ger trees within the critical area or associated buffers
may be allowed only if such activity is approved by the
Department, provided a certified arborist in the State of
Washington makes a written determination that the trees
proposed for elimination present a legitimate safety haz-
ard.
(b) Tree Replacement. Trees removed from the
critical area or associated buffers, including danger
trees, must comply with the following provisions:
(1) Removal of trees greater than six (6)
inches in diameter at four (4) feet in height shall be
replaced at a ratio of three to one (3:1) with native spe-
cies and shall be a minimum of six (6) feet in height at
the time of planting for both evergreen and deciduous
trees. Replacements shall be located within an on-site
required critical area buffer. Replacement trees shall be
spaced appropriately for the species type or as specified
in a critical area report. In the case of a danger tree being
removed, the danger tree may be removed and replaced
with a three to one (3:1) ratio of a native tree that is
known to enhance the critical area in which it is located
without a critical area report. The Director or his or her
designee may grant some or all replacement locations
outside a critical area buffer at a nearby location, where
no feasible alternative exists.
(2) Shoreline Jurisdiction. Properties located
within the City’s shoreline jurisdiction are subject to
additional tree removal and replacement standards if the
tree(s) to be removed are located within the required
shoreline buffer. See Shoreline Master Program Section
7.020 for additional standards. (Ord. 5418 §2, 2021;
Ord. 5301 §3 (Exh. B) (part), 2016)
20.14.200 DEFINITIONS.
Words not defined in this title shall be as defined in
the Bremerton Municipal Code, the Washington
Administrative Code, or the Revised Code of Washing-
ton. Words not found in either code shall be as defined
in Webster’s Third New International Dictionary, latest
edition.
"Active fault" means a fault that is considered
likely to undergo renewed movement within a period of
concern to humans. Faults are commonly considered to
be active if the fault has moved one (1) or more times in
the last ten thousand (10,000) years, but faults may also
be considered active in some cases if movement has
occurred in the last five hundred thousand (500,000)
years.
"Adaptive management" relies on scientific meth-
ods to evaluate how well regulatory and nonregulatory
actions protect the critical area. An adaptive manage-
ment program is a formal and deliberate scientific
approach to taking action and obtaining information in
the face of uncertainty.
"Adjacent," for the purposes of this chapter, means
immediately adjoining (in contact with the boundary of
the influence area) or within a distance that is less than
that needed to separate activities from critical areas to
ensure protection of the functions and values of the crit-
ical areas. "Adjacent" shall mean any activity or devel-
opment located:
(Revised 9/21)20.14-6
20.14.200
A. On a site immediately adjoining a critical area;
B. A distance equal to or less than the required
critical area buffer width and building setback;
C. A distance equal to or less than three hundred
(300) feet upland from a stream, wetland, or water body;
D. Bordering or within the floodway, floodplain,
or channel migration zone; or
E. A distance equal to or less than two hundred
(200) feet from a critical aquifer recharge area.
"Advance mitigation" means mitigation of an
anticipated critical area impact or hazard completed
according to an approved critical area report and prior to
site development.
"Agricultural land" means land primarily devoted
to the commercial production of horticultural, viticul-
tural, floricultural, dairy, apiary, or animal products or
of berries, grain, hay, straw, turf, seed, Christmas trees
not subject to the excise tax imposed by RCW 84.33.100
through 84.33.140, or livestock, and/or that has been
designated as long-term commercial significance for
agricultural production.
"Alluvial fan flooding" means flooding occurring
on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by
high-velocity flows; active processes of erosion, sedi-
ment transport, and deposition; and unpredictable flow
paths.
"Alteration" means any human-induced change in
an existing condition of a critical area or its buffer.
Alterations include, but are not limited to, clearing,
grubbing, grading, filling, channelizing, dredging,
clearing (vegetation), construction, compaction, exca-
vation, or any other activity that changes the character of
the critical area.
"Anadromous fish" means fish that spawn and rear
in freshwater and mature in the marine environment.
While Pacific salmon die after their first spawning, adult
char (bull trout) can live for many years, moving in and
out of saltwater and spawning each year. The life history
of Pacific salmon and char contains critical periods of
time when these fish are more susceptible to environ-
mental and physical damage than at other times. The life
history of salmon, for example, contains the following
stages: upstream migration of adults, spawning, inter-
gravel incubation, rearing, smoltification (the time
period needed for juveniles to adjust their body func-
tions to live in the marine environment), downstream
migration, and ocean rearing to adults.
"Applicant" means a person who files an applica-
tion for permit under this title and who is either the
owner of the land on which that proposed activity would
be located, a contract purchaser, or the authorized agent
of such a person.
"Aquifer" means a geological formation, group of
formations, or part of a formation that is capable of
yielding a significant amount of water to a well or
spring.
"Aquifer, confined" means an aquifer bounded
above and below by beds of distinctly lower permeabil-
ity than that of the aquifer itself and that contains
groundwater under sufficient pressure for the water to
rise above the top of the aquifer.
"Aquifer recharge areas" means areas that, due to
the presence of certain soils, geology, and surface water,
act to recharge groundwater by percolation.
"Aquifer, sole source" means an area designated
by the U.S. Environmental Protection Agency under the
Safe Drinking Water Act of 1974, Section 1424(e). The
aquifer(s) must supply fifty (50) percent or more of the
drinking water for an area without a sufficient replace-
ment available.
"Aquifer susceptibility" means the ease with
which contaminants can move from the land surface to
the aquifer based solely on the types of surface and sub-
surface materials in the area. Susceptibility usually
defines the rate at which a contaminant will reach an
aquifer unimpeded by chemical interactions with the
vadose zone media.
"Aquifer, unconfined" means an aquifer not
bounded above by a bed of distinctly lower permeability
than that of the aquifer itself and containing groundwa-
ter under pressure approximately equal to that of the
atmosphere. This term is synonymous with the term
"water table aquifer."
"Area of shallow flooding" means an area desig-
nated AO or AH Zone on the flood insurance map(s).
The base flood depths range from one (1) to three (3)
feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and veloc-
ity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
"Associated wetlands" means those wetlands
which are in proximity to and either influence or are
influenced by tidal waters or a lake or stream subject to
the Shoreline Management Act.
"Base flood" means a flood event having a one (1)
percent chance of being equaled or exceeded in any
given year, also referred to as the one hundred (100)
year flood. Designations of base flood areas on flood
insurance map(s) always include the letters A or V.
"Basement" means any area of the building having
its floor below ground level on all sides.
"Best available science" means current scientific
information used in the process to designate, protect, or
restore critical areas, which is derived from a valid sci-
entific process as defined by WAC 365-195-900
through 365-195-925. Sources of the best available sci-
ence are included in "Citations of Recommended
Sources of Best Available Science for Designating and
Protecting Critical Areas" published by the Washington
20.14-7 (Revised 9/21)
Bremerton Municipal Code 20.14.200
State Department of Community, Trade and Economic
Development.
"Best management practices (BMPs)" means
conservation practices or systems of practices and man-
agement measures that:
A. Control soil loss and reduce water quality deg-
radation caused by high concentrations of nutrients, ani-
mal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and
groundwater flow and circulation patterns and to the
chemical, physical, and biological characteristics of
wetlands;
C. Protect trees and vegetation designated to be
retained during and following site construction and use
native plant species appropriate to the site for revegeta-
tion of disturbed areas; and
D. Provide standards for proper use of chemical
herbicides within critical areas.
The City shall monitor the application of best man-
agement practices to ensure that the standards and poli-
cies of this title are adhered to.
"Biodiversity" means the variety of animal and
plant life and its ecological processes and interconnec-
tions represented by the richness of ecological systems
and the life that depends on them, including human life
and economies.
"Breakaway wall" means a wall that is not part of
the structural support of the building and is intended
through its design and construction to collapse under
specific lateral loading forces without causing damage
to the elevated portion of the building or supporting
foundation system.
"Buffer" or "buffer zone" means an area that is
contiguous to and protects a critical area which is
required for the continued maintenance, functioning,
and/or structural stability of a critical area.
"Channel migration zone (CMZ)" means the lat-
eral extent of likely movement along a stream or river
during the next one hundred (100) years as determined
by evidence of active stream channel movement over
the past one hundred (100) years. Evidence of active
movement over the one hundred (100) year time frame
can be inferred from aerial photos or from specific chan-
nel and valley bottom characteristics. The time span typ-
ically represents the time it takes to grow mature trees
that can provide functional large woody debris to
streams. A CMZ is not typically present if the valley
width is generally less than two (2) bankfull widths, if
the stream or river is confined by terraces, no current or
historical aerial photographic evidence exists of signifi-
cant channel movement, and there is no field evidence
of secondary channels with recent scour from stream
flow or progressive bank erosion at meander bends.
Areas separated from the active channel by legally exist-
ing artificial channel constraints that limit bank erosion
and channel avulsion without hydraulic connections
shall not be considered within the CMZ.
"Clearing" means the removal of noninvasive sur-
face vegetation including, but not limited to, brush,
shrubs, natural grasses, and trees. Removal of surface
vegetation in quantities greater than the minimum nec-
essary to maintain a well-functioning natural habitat
constitutes clearing. For the purposes of this chapter,
activities described in BMC 20.14.630(f), Vegetation
Thinning, constitute clearing.
"Coastal high hazard area" means an area of spe-
cial flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from
storms or seismic sources. The area is designated on the
flood insurance map(s) as Zone V1-30, VE, or V.
"Compensation project" means actions necessary
to replace project-induced critical area and buffer losses,
including land acquisition, planning, construction plans,
monitoring, and contingency actions.
"Compensatory mitigation" means replacing
project-induced losses or impacts to a critical area, and
includes, but is not limited to, the following:
A. "Creation" means actions performed to inten-
tionally establish a critical area such as a wetland at a
site where it did not formerly exist.
B. "Enhancement" means actions performed to
improve the condition of existing degraded critical areas
such as a wetland so that the functions they provide are
of a higher quality.
C. "Preservation" means actions taken to ensure
the permanent protection of existing, high-quality criti-
cal areas such as wetlands.
D. "Restoration" means actions performed to
reestablish critical areas functional characteristics and
processes that have been lost by alterations, activities, or
catastrophic events within an area that no longer meets
the definition of a wetland.
"Conservation easement" means a legal agree-
ment that the property owner enters into to restrict uses
of the land. Such restrictions can include, but are not
limited to, passive recreation uses such as trails or scien-
tific uses and fences or other barriers to protect habitat.
The easement is recorded on a property deed, runs with
the land, and is legally binding on all present and future
owners of the property, therefore providing permanent
or long-term protection.
"Critical aquifer recharge area" means areas
determined to have a critical recharging effect on aqui-
fers used for potable water as classified per BMC
20.14.420.
"Critical area tract" means land held in private
ownership and retained in an open condition in perpetu-
ity for the protection of critical areas. Lands within this
type of dedication may include, but are not limited to,
portions and combinations of forest habitats, grasslands,
(Revised 9/21)20.14-8
20.14.200
shrub steppes, on-site watersheds, one hundred (100)
year floodplains, shorelines or shorelines of statewide
significance, riparian areas, and wetlands.
"Critical areas" include any of the following areas
or ecosystems: aquifer recharge areas, fish and wildlife
habitat conservation areas, frequently flooded areas,
geologically hazardous areas, and wetlands, as defined
in Chapter 36.70A RCW and this title.
"Critical facility" means a facility for which even
a slight chance of flooding, inundation, or impact from
a hazard event might be too great. Critical facilities
include, but are not limited to, schools, nursing homes,
hospitals, police, fire and emergency response installa-
tions, and installations that produce, use, or store haz-
ardous materials or hazardous waste.
"Critical species" means all animal and plant spe-
cies listed by the state or federal government as threat-
ened or endangered.
"Cumulative impacts or effects" means the com-
bined, incremental effects of human activity on ecolog-
ical or critical areas functions and values. Cumulative
impacts result when the effects of an action are added to
or interact with other effects in a particular place and
within a particular time. It is the combination of these
effects, and any resulting environmental degradation,
that should be the focus of cumulative impact analysis
and changes to policies and permitting decisions.
"Danger tree" means a tree that is dead, or is so
affected by a significant structural defect or disease that
falling or failure appears imminent, or a tree that
impedes safe vision or traffic flow, or that otherwise
currently poses a threat to life or property.
Department. Unless otherwise noted, "Depart-
ment" is defined as the City of Bremerton Department of
Community Development.
"Developable area" means a site or portion of a site
that may be utilized as the location of development, in
accordance with the rules of this title.
"Development" means any activity upon the land
consisting of construction or alteration of structures,
earth movement, dredging, dumping, grading, filling,
mining, removal of any sand, gravel, or minerals, driv-
ing of piles, drilling operations, bulkheading, clearing of
vegetation, or other land disturbance. Development
includes the storage or use of equipment or materials
inconsistent with the existing use. Development also
includes approvals issued by the City that bind land to
specific patterns of use including, but not limited to,
subdivisions, short subdivisions, zone changes, condi-
tional use permits, and binding site plans. Development
activity does not include the following activities:
A. Interior building improvements.
B. Exterior structure maintenance activities,
including painting and roofing.
C. Routine landscape maintenance of established,
ornamental landscaping, such as lawn mowing, pruning,
and weeding.
D. Maintenance of the following existing facili-
ties that does not expand the affected area: septic tanks
(routine cleaning); wells; individual utility service con-
nections; and individual cemetery plots in established
and approved cemeteries.
"Development permit" means any permit issued
by the City, or other authorized agency, for construc-
tion, land use, or the alteration of land.
"Director" means the Director of the Bremerton
Department of Community Development or other
responsible official, or other City staff granted the
authority to act on behalf of the Director.
"Elevated building" means a building that has no
basement and its lowest elevated floor is raised above
ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
"Emergent wetland" means a wetland with at least
thirty (30) percent of the surface area covered by erect,
rooted, herbaceous vegetation extending above the
water surface as the uppermost vegetative strata.
"Erosion" means the process whereby wind, rain,
water, and other natural agents mobilize and transport
particles.
"Exotic" means any species of plants or animals
which are foreign to the planning area.
"Fish and wildlife habitat conservation areas"
means areas necessary for maintaining species in suit-
able habitats within their natural geographic distribution
so that the habitat available is sufficient to support via-
ble populations over the long term, and isolated subpop-
ulations are not created as designated by WAC 365-190-
130. These areas include:
A. Areas with which state or federally designated
endangered, threatened, and sensitive species have a pri-
mary association;
B. Priority habitat species and species of local
importance including, but not limited to, areas desig-
nated as priority habitat by the Washington Department
of Fish and Wildlife;
C. Streams and watercourses used by juvenile sal-
monids, and habitat of species essential to the juvenile
salmonid diet;
D. Commercial and recreational shellfish areas;
E. Kelp, eelgrass beds, herring, smelt, sandlance
and other forage fish spawning habitat;
F. Naturally occurring ponds under twenty (20)
acres and their submerged aquatic beds that provide fish
or wildlife habitat, including those artificial ponds
intentionally created from dry areas in order to mitigate
impacts to ponds;
G. Waters of the state, including lakes, rivers,
ponds, streams, inland waters, underground waters, salt
20.14-9 (Revised 9/21)
Bremerton Municipal Code 20.14.200
waters, and all other surface waters and watercourses
within the jurisdiction of the State of Washington;
H. Lakes, ponds, streams, and rivers planted with
game fish by a governmental or tribal entity;
I. State natural area preserves and natural
resource conservation areas; and
J. Land essential for preserving connections
between habitat blocks and open spaces.
"Fish habitat" means habitat that is used by fish at
any life stage at any time of the year, including potential
habitat likely to be used by fish that could be recovered
by restoration or management and includes off-channel
habitat.
"Flood" or "flooding" means a general and tempo-
rary condition of partial or complete inundation of nor-
mally dry land areas from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff of
surface waters from any source.
"Flood insurance map" means the official map on
which the Federal Insurance Administration has delin-
eated the areas of special flood hazards and includes the
risk premium zones applicable to the community. Also
known as "flood insurance rate map" or "FIRM."
"Flood insurance study" means the official report
provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway
Map, and the water surface elevation of the base flood.
"Flood protection elevation" means the elevation
that is one (1) foot above the base flood elevation.
"Flood-resistant material" means materials
designed to be resistant to the impacts associated with
flooding and defined and described in detail in the Fed-
eral Emergency Management Agency’s Technical Bul-
letin No. 2-93, 1993, and FEMA publication FEMA-
348, Protecting Building Utilities from Flood Damage.
"Floodplain" means the total land area adjoining a
river, stream, watercourse, or lake subject to inundation
by the base flood.
"Floodway" means the channel of a river or other
watercourse and the adjacent land area that must be
reserved in order to discharge the base flood without
cumulatively increasing the surface water elevation
more than one (1) foot. Also known as the "zero rise
floodway."
"Forested wetland" means a wetland with at least
thirty (30) percent of the surface area covered by woody
vegetation greater than twenty (20) feet in height that is
at least partially rooted within the wetland.
"Formation" means an assemblage of earth materi-
als grouped together into a unit that is convenient for
description or mapping.
"Formation, confining" means the relatively
impermeable formation immediately overlying a con-
fined aquifer.
"Frequently flooded areas" means lands in the
floodplain subject to a one (1) percent or greater chance
of flooding in any given year and those lands that pro-
vide important flood storage, conveyance, and attenua-
tion functions, as determined by the Director in
accordance with WAC 365-190-080(3). Frequently
flooded areas perform important hydrologic functions
and may present a risk to persons and property. Classi-
fications of frequently flooded areas include, at a mini-
mum, the one hundred (100) year floodplain
designations of the Federal Emergency Management
Agency and the National Flood Insurance Program.
"Functions and values" means the beneficial roles
served by critical areas including, but not limited to,
water quality protection and enhancement; fish and
wildlife habitat; food chain support; flood storage, con-
veyance and attenuation; groundwater recharge and dis-
charge; erosion control; wave attenuation; protection
from hazards; historical, archaeological, and aesthetic
value protection; educational opportunities; and recre-
ation. These beneficial roles are not listed in order of
priority. Critical area functions can be used to help set
targets (species composition, structure, etc.) for man-
aged areas, including mitigation sites.
"Geologically hazardous areas" means areas that
may not be suited to development consistent with public
health, safety, or environmental standards, because of
their steep slopes, susceptibility to erosion, sliding,
earthquakes, or other geological events. For the pur-
poses of this code, "geologically hazardous areas" are
those areas receiving high or moderate geologically haz-
ardous classifications per BMC 20.14.600 through
20.14.660.
"Groundwater" means water in a saturated zone or
stratum beneath the surface of land or a surface water
body.
"Groundwater management area" means a spe-
cific geographic area or subarea designated pursuant to
Chapter 173-100 WAC for which a groundwater man-
agement program is required.
"Groundwater management program" means a
comprehensive program designed to protect groundwa-
ter quality, to ensure groundwater quantity, and to pro-
vide for efficient management of water resources while
recognizing existing groundwater rights and meeting
future needs consistent with local and state objectives,
policies, and authorities within a designated groundwa-
ter management area or subarea and developed pursuant
to Chapter 173-100 WAC.
"Groundwater, perched" means groundwater in a
saturated zone, separated from the underlying main
body of groundwater by an unsaturated rock zone.
"Grading" means excavating, filling or embanking
of earth materials in quantities equal to or greater than
fifty (50) cubic yards, as specified per the Bremerton
Municipal Code grading permit requirement.
"Grubbing" means the removal of vegetative mat-
ter from underground, such as sod, stumps, roots, buried
(Revised 9/21)20.14-10
20.14.200
logs or other debris, and shall include the incidental
removal of topsoil and earth in quantities lesser than
fifty (50) cubic yards.
"Habitat conservation areas" means areas desig-
nated as fish and wildlife habitat conservation areas.
"Habitat management plan (HMP)" means a
report prepared by a professional wildlife biologist or
fisheries biologist which discusses and evaluates critical
fish and wildlife habitat functions and evaluates the
measures necessary to maintain, enhance and improve
habitat conservation on a proposed development site.
Habitats of Local Importance. These areas
include a seasonal range or habitat element with which
a given species has a primary association, and which, if
altered, may reduce the likelihood that the species will
maintain and reproduce over the long term. These might
include areas of high relative density or species rich-
ness, breeding habitat, winter range, and movement cor-
ridors. These might also include habitats that are of
limited availability or high vulnerability to alterations
such as cliffs, taluses, and wetlands (WAC 365-190-
030).
"Hazard areas" means areas designated as fre-
quently flooded areas or geologically hazardous areas
due to potential for erosion, landslide, seismic activity,
mine collapse, or other geological condition.
"Hazardous substances" means any liquid, solid,
gas, or sludge, including any material, substance, prod-
uct, commodity, or waste, regardless of quantity, that
exhibits any of the physical, chemical, or biological
properties described in WAC 173-303-090 or 173-303-
100.
"High-intensity land use" means land uses which
are associated with high levels of human disturbance or
substantial habitat impacts including, but not limited to,
medium- and high-density residential (more than one
(1) home per five (5) acres), multifamily residential,
some agricultural practices, and commercial and indus-
trial land uses.
"High quality wetlands" means those wetlands
that meet the following criteria:
A. No, or isolated, human alteration of the wet-
land topography;
B. No human-caused alteration of the hydrology
or the wetland appears to have recovered from the alter-
ation;
C. Low cover and frequency of exotic plant spe-
cies;
D. Relatively little human-related disturbance of
the native vegetation, or recovery from past disturbance;
E. If the wetland system is degraded, it still con-
tains a viable and high quality example of a native wet-
land community; and
F. No known major water quality problems.
"Historic condition" means a condition of the land,
including flora, fauna, soil, topography, and hydrology
that existed before the area and vicinity were developed
or altered by human activity.
"Hydraulic project approval (HPA)" means a
permit issued by the Washington Department of Fish
and Wildlife for modifications to waters of the state in
accordance with Chapter 75.20 RCW.
"Hydric soil" means a soil that is saturated,
flooded, or ponded long enough during the growing sea-
son to develop anaerobic conditions in the upper part.
The presence of hydric soil shall be determined follow-
ing the methods described in the approved federal wet-
land delineation manual and applicable regional
supplements.
"Hydrologic soil groups" means soils grouped
according to their runoff-producing characteristics
under similar storm and cover conditions. Properties
that influence runoff potential are depth to seasonally
high water table, intake rate and permeability after pro-
longed wetting, and depth to a low permeable layer.
Hydrologic soil groups are normally used in equations
that estimate runoff from rainfall, but can be used to
estimate a rate of water transmission in soil. There are
four (4) hydrologic soil groups:
A. Low runoff potential and a high rate of infiltra-
tion potential;
B. Moderate infiltration potential and a moderate
rate of runoff potential;
C. Slow infiltration potential and a moderate-to-
high rate of runoff potential; and
D. High runoff potential and very slow infiltration
and water transmission rates.
"Hydrophytic vegetation" means macrophytic
plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of
excessive water content. The presence of hydrophytic
vegetation shall be determined following the methods
described in the approved federal wetland delineation
manual and applicable regional supplements.
"Hyporheic zone" means the saturated zone
located beneath and adjacent to streams that contains
some portion of surface waters, serves as a filter for
nutrients, and maintains water quality.
"Impervious surface" means any material which
reduces or prevents absorption of stormwater into previ-
ously undeveloped land. Permeable paving technologies
shall not be classified as impervious surfaces. (See also
"Paved surface" in BMC 20.42.040 for a discussion of
impervious pavements.)
"In-kind compensation" means to replace critical
areas with substitute areas whose characteristics and
functions closely approximate those destroyed or
degraded by a regulated activity. It does not mean
replacement "in category."
"Infiltration" means the downward entry of water
into the immediate surface of soil.
20.14-11 (Revised 9/21)
Bremerton Municipal Code 20.14.200
"Injection well(s)" means:
A. Class I. A well used to inject industrial, com-
mercial, or municipal waste fluids beneath the lower-
most formation containing, within one-quarter (1/4)
mile of the well bore, an underground source of drinking
water.
B. Class II. A well used to inject fluids:
1. Brought to the surface in connection with
conventional oil or natural gas exploration or production
and may be commingled with wastewaters from gas
plants that are an integral part of production operations,
unless those waters are classified as dangerous wastes at
the time of injection;
2. For enhanced recovery of oil or natural
gas; or
3. For storage of hydrocarbons that are liquid
at standard temperature and pressure.
C. Class III. A well used for extraction of miner-
als, including but not limited to the injection of fluids
for:
1. In-situ production of uranium or other
metals that have not been conventionally mined;
2. Mining of sulfur by Frasch process; or
3. Solution mining of salts or potash.
D. Class IV. A well used to inject dangerous or
radioactive waste fluids.
E. Class V. All injection wells not included in
Classes I, II, III, or IV.
"Invasive" means a vegetative or animal species
not native to a region, and marked by a tendency to
spread, especially with proclivity to replace healthy
native species.
"Isolated wetlands" means those wetlands that are
outside of and not contiguous to any one hundred (100)
year floodplain of a lake, river, or stream and have no
contiguous hydric soil or hydrophytic vegetation
between the wetland and any surface water.
"Joint aquatic resource permits application"
means a single application form that may be used to
apply for hydraulic project approvals, shoreline man-
agement permits, approvals of exceedance of water
quality standards, water quality certifications, Coast
Guard bridge permits, Washington State Department of
Natural Resources use authorization, and U.S. Army
Corps of Engineers permits.
Land Use, High-Intensity. See "High-intensity
land use."
Land Use, Low-Intensity. See "Low-intensity land
use."
Land Use, Moderate-Intensity. See "Moderate-
intensity land use."
"Low-impact development (LID)" is a stormwater
management and development strategy applied at the
parcel and subdivision scale that emphasizes conserva-
tion and use of on-site natural features integrated with
engineered, small-scale hydrologic controls to more
closely mimic predevelopment hydrologic functions.
"Low-intensity land use" means land uses which
are associated with low levels of human disturbance or
low habitat impacts, including, but not limited to, pas-
sive recreation, open space, or forest management land
uses.
"Lowest floor" means the lowest floor of the low-
est enclosed area, including the basement. An unfin-
ished or flood-resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an
area other than a basement area, which is not considered
a building’s lowest floor; provided, that such enclosure
is not built so as to render the structure in violation of the
applicable requirements of this title.
"Mine hazard areas" means areas that are under-
lain by, adjacent to, or affected by mine workings such
as adits, gangways, tunnels, drifts, or airshafts, and
those areas of probable sink holes, gas releases, or sub-
sidence due to mine workings. Factors that should be
considered include: proximity to development, depth
from ground surface to the mine working, and geologic
material.
"Mitigation" means avoiding, minimizing, or com-
pensating for adverse critical areas impacts. "Mitiga-
tion," in the following sequential order of preference, is:
A. Avoiding the impact altogether by not taking a
certain action or parts of an action;
B. Minimizing impacts by limiting the degree or
magnitude of the action and its implementation by using
appropriate technology, or by taking affirmative steps,
such as project redesign, relocation, or timing, to avoid
or reduce impacts;
C. Rectifying the impact to wetlands, critical
aquifer recharge areas, and habitat conservation areas by
repairing, rehabilitating, or restoring the affected envi-
ronment to the conditions existing at the time of the ini-
tiation of the project;
D. Minimizing or eliminating the hazard by
restoring or stabilizing the hazard area through engi-
neered or other methods, provided the engineered
method creates the minimum disturbance necessary to
mitigate the action, and the method does not adversely
impact categories of critical areas other than those being
mitigated;
E. Reducing or eliminating the impact or hazard
over time by preservation and maintenance operations
during the life of the action;
F. Compensating for the impact to wetlands, crit-
ical aquifer recharge areas, and habitat conservation
areas by replacing, enhancing, or providing substitute
resources or environments; and
G. Monitoring the hazard or other required miti-
gation and taking remedial action when necessary.
Mitigation for individual actions may include a
combination of the above measures.
(Revised 9/21)20.14-12
20.14.200
"Mobile home" means a structure, transportable in
one (1) or more sections, which is built on a permanent
chassis and is designed for use with or without a perma-
nent foundation when attached to the required utilities.
The term "mobile home" does not include a "recre-
ational vehicle."
"Mobile home park or subdivision" means a par-
cel (or contiguous parcels) of land divided into two (2)
or more manufactured home lots for rent or sale.
"Moderate-intensity land use" means land uses
which are associated with moderate levels of human dis-
turbance or substantial habitat impacts including, but
not limited to, low density residential (no more than one
(1) home per five (5) acres), active recreation, and mod-
erate agricultural land uses.
"Monitoring" means evaluating the impacts of
development proposals on the biological, hydrological,
and geological elements of such systems, and assessing
the performance of required mitigation measures
throughout the collection and analysis of data by various
methods for the purpose of understanding and docu-
menting changes in natural ecosystems and features,
including gathering baseline data.
"Native growth protection area (NGPA)" means
an area where native vegetation is preserved for the pur-
pose of preventing harm to property and the environ-
ment, including, but not limited to, controlling surface
water runoff and erosion, maintaining slope stability,
buffering, and protecting plants and animal habitat.
"Native vegetation" means plant species that are
indigenous to the area in question.
"Natural waters" means waters, excluding water
conveyance systems that are artificially constructed and
actively maintained for irrigation.
Nonconformity. See BMC 20.54.040, Definitions,
of the nonconforming provisions of this title.
"Off-site compensation" means to replace critical
areas away from the site on which a critical area has
been impacted.
"On-site compensation" means to replace critical
areas at or adjacent to the site on which a critical area
has been impacted.
"Ordinary high water mark (OHM)" means the
mark on all lakes, streams, and tidal waters which will
be found by examining the beds and banks and ascer-
taining where the presence and action of waters are so
common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation, as
that condition exists on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in
accordance with permits issued by a local government
or the Department; provided, that in any area where the
ordinary high water mark cannot be found, the ordinary
high water mark adjoining salt water shall be the line of
mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high
water.
"Out-of-kind compensation" means to replace
critical areas with substitute critical areas whose charac-
teristics do not closely approximate those destroyed or
degraded. It does not refer to replacement "out-of-cate-
gory."
"Permeability" means the capacity of an aquifer or
confining bed to transmit water. It is a property of the
aquifer or confining bed and is independent of the force
causing movement.
"Porous soil types" means soils, as identified by
the National Resources Conservation Service, U.S.
Department of Agriculture, that contain voids, pores,
interstices, or other openings which allow the passing of
water.
"Potable water" means water that is safe and palat-
able for human use.
"Practical alternative" means an alternative that is
available and capable of being carried out after taking
into consideration cost, existing technology, and logis-
tics in light of overall project purposes, and has less
impacts to critical areas.
"Primary association area" means the area used
on a regular basis by, is in close association with, or is
necessary for the proper functioning of the habitat of a
critical species. "Regular basis" means that the habitat
area is normally, or usually, known to contain a critical
species, or based on known habitat requirements of the
species, the area is likely to contain the critical species.
"Regular basis" is species and population dependent.
Species that exist in low numbers may be present infre-
quently yet rely on certain habitat types.
"Priority habitat" means habitat type or elements
with unique or significant value to one (1) or more spe-
cies as classified by the State Department of Fish and
Wildlife. A priority habitat may consist of a unique veg-
etation type or dominant plant species, a described suc-
cessional stage, or a specific structural element.
"Project area" means all areas within fifty (50) feet
of the area proposed to be disturbed, altered, or used by
the proposed activity or the construction of any pro-
posed structures. When the action binds the land, such
as a subdivision, short subdivision, binding site plan,
planned unit development, or rezone, the project area
shall include the entire parcel, at a minimum.
"Qualified professional" means a person with
experience and training in the pertinent scientific disci-
pline, and who is a qualified scientific expert with
expertise appropriate for the relevant critical area sub-
ject in accordance with WAC 365-195-905(4). A quali-
fied professional must have obtained a B.S. or B.A. or
equivalent degree in biology, engineering, environmen-
tal studies, fisheries, geomorphology, or related field,
and five (5) years of related work experience.
20.14-13 (Revised 9/21)
Bremerton Municipal Code 20.14.200
A. A qualified professional for habitats or wet-
lands must have a degree in biology and professional
experience related to the subject species, and meet the
requirements set forth in BMC 20.14.360.
B. A qualified professional for a geological haz-
ard must be a professional civil or geotechnical engineer
with experience in the field, or geologist, licensed in the
State of Washington.
C. A qualified professional for critical aquifer
recharge areas means a hydrogeologist, geologist, engi-
neer, or other scientist with experience in preparing
hydrogeologic assessments, and meets the requirements
set forth in BMC 20.14.450.
"Recharge" means the process involved in the
absorption and addition of water to groundwater.
"Reclaimed water" means municipal wastewater
effluent that has been adequately and reliably treated so
that it is suitable for beneficial use. Following treatment,
it is no longer considered wastewater (treatment levels
and water quality requirements are given in the water
reclamation and reuse standards adopted by the State
Departments of Ecology and Health).
Recreation Vehicle. See definition in Chapter
20.42 BMC.
"Repair" or "maintenance" means an activity that
restores the character, scope, size, and design of a ser-
viceable area, structure, or land use to its previously
authorized and undamaged condition. Activities that
change the character, size, or scope of a project beyond
the original design and drain, dredge, fill, flood, or oth-
erwise alter critical areas are not included in this defini-
tion.
"Restoration" means measures taken to restore an
altered or damaged natural feature including:
A. Active steps taken to restore damaged wet-
lands, streams, protected habitat, or their buffers to the
functioning condition that existed prior to an unautho-
rized alteration; and
B. Actions performed to reestablish structural and
functional characteristics of the critical area that have
been lost by alteration, past management activities, or
catastrophic events.
"Riparian habitat" means areas adjacent to
aquatic systems with flowing water that contain ele-
ments of both aquatic and terrestrial ecosystems that
mutually influence each other. The width of these areas
extends to that portion of the terrestrial landscape that
directly influences the aquatic ecosystem by providing
shade, fine or large woody material, nutrients, organic
and inorganic debris, terrestrial insects, or habitat for
riparian-associated wildlife. Widths shall be measured
from the ordinary high water mark or from the top of
bank if the ordinary high water mark cannot be identi-
fied or from the channel migration zone (CMZ). It
includes the entire extent of the floodplain and the
extent of vegetation adapted to wet conditions as well as
adjacent upland plant communities that directly influ-
ence the stream system. Riparian habitat areas include
those riparian areas severely altered or damaged due to
human development activities.
Scientific process. A valid scientific process is one
that produces reliable information useful in understand-
ing the consequences of a decision. The characteristics
of a valid scientific process are as follows:
A. Peer Review. The information has been criti-
cally reviewed by other qualified scientific experts in
that scientific discipline.
B. Methods. The methods that were used are stan-
dardized in the pertinent scientific discipline or the
methods have been appropriately peer-reviewed to
ensure their reliability and validity.
C. Logical Conclusions and Reasonable Infer-
ences. The conclusions presented are based on reason-
able assumptions supported by other studies and are
logically and reasonably derived from the assumptions
and supported by the data presented.
D. Quantitative Analysis. The data have been ana-
lyzed using appropriate statistical or quantitative meth-
ods.
E. Context. The assumptions, analytical tech-
niques, data, and conclusions are appropriately framed
with respect to the prevailing body of pertinent scientific
knowledge.
F. References. The assumptions, techniques, and
conclusions are well referenced with citations to perti-
nent existing information.
"Scrub-shrub wetland" means a wetland with at
least thirty (30) percent of its surface area covered by
woody vegetation less than twenty (20) feet in height at
the uppermost strata.
"Section 404 permit" means a permit issued by the
U.S. Army Corps of Engineers for the placement of
dredge or fill material or clearing in waters of the United
States, including wetlands, in accordance with 33 USC
Section 1344. Section 404 permits may also be for
endangered species consultation. They require a consul-
tation under Section 7 of the Federal Endangered Spe-
cies Act.
"Seeps" means a spot where water oozes from the
earth, often forming the source of a small stream.
"Seismic hazard areas" means areas that are sub-
ject to severe risk of damage as a result of earthquake-
induced ground shaking, slope failure, settlement, or
soil liquefaction.
"Shorelands or shoreland areas" means those
lands extending landward for two hundred (200) feet in
all directions as measured on a horizontal plane from the
ordinary high water mark; floodways and contiguous
floodplain areas landward two hundred (200) feet from
such floodways; and all wetlands and river deltas asso-
ciated with the streams, lakes, and tidal waters which are
subject to the provisions of Chapter 90.58 RCW.
(Revised 9/21)20.14-14
20.14.200
"Shorelines" means all of the water areas of the
state as defined in RCW 90.58.030, including reservoirs
and their associated shorelands, together with the lands
underlying them except:
A. Shorelines of statewide significance;
B. Shorelines on segments of streams upstream of
a point where the mean annual flow is twenty (20) cubic
feet per second (20 cfps) or less and the wetlands asso-
ciated with such upstream segments; and
C. Shorelines on lakes less than twenty (20) acres
in size and wetlands associated with such small lakes.
"Shorelines of statewide significance" means
those areas defined in RCW 90.58.030(2)(e).
"Shorelines of the state" means the total of all
"shorelines," as defined in RCW 90.58.030(2)(d), and
"shorelines of statewide significance" within the state,
as defined in RCW 90.58.030(2)(c).
"Soil survey" means the most recent soil survey for
the local area or county by the National Resources Con-
servation Service, U.S. Department of Agriculture.
"Special flood hazard areas" means the land in the
floodplain within an area subject to a one (1) percent or
greater chance of flooding in any given year. Designa-
tions of special flood hazard areas on flood insurance
map(s) always include the letters A or V.
"Special protection areas" means aquifer recharge
areas defined by WAC 173-200-090 that require special
consideration or increased protection because of unique
characteristics, including, but not limited to:
A. Groundwaters that support an ecological sys-
tem requiring more stringent criteria than drinking water
standards;
B. Groundwater recharge areas and wellhead pro-
tection areas that are vulnerable to pollution because of
hydrogeologic characteristics; and
C. Sole source aquifer status.
"Species" means any group of animals classified as
a species or subspecies as commonly accepted by the
scientific community.
"Species, endangered" means any fish or wildlife
species that is threatened with extinction throughout all
or a significant portion of its range and is listed by the
state or federal government as an endangered species.
"Species of local importance" means those species
of local concern due to their population status or their
sensitivity to habitat manipulation, or that are game spe-
cies.
"Species, priority" means any fish or wildlife spe-
cies requiring protective measures and/or management
guidelines to ensure their persistence at genetically via-
ble population levels as classified by the Washington
Department of Fish and Wildlife, including endangered,
threatened, sensitive, candidate and monitor species,
and those of recreational, commercial, or tribal impor-
tance.
"Species, threatened" means any fish or wildlife
species that is likely to become an endangered species
within the foreseeable future throughout a significant
portion of its range without cooperative management or
removal of threats, and is listed by the state or federal
government as a threatened species.
"Subdrainage basin" or "subbasin" means the
drainage area of the highest order stream containing the
subject property impact area. "Stream order" is the
term used to define the position of a stream in the hier-
archy of tributaries in the watershed. The smallest
streams are the highest order (first order) tributaries.
These are the upper watershed streams and have no trib-
utaries of their own. When two (2) first order streams
meet, they form a second order stream, and when two
(2) second order streams meet they become a third order
stream, and so on.
"Substantial damage" means damage of any ori-
gin sustained by a structure whereby the cost of restor-
ing the structure to its before damaged condition would
equal or exceed fifty (50) percent of the market value of
the structure before the damage occurred.
"Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty (50) percent of the mar-
ket value of the structure either before the improvement
or repair is started, or if the structure has been damaged
and is being restored, before the damage occurred.
"Unavoidable" means adverse impacts that remain
after all appropriate and practicable avoidance and min-
imization have been achieved.
"Vulnerability" means the combined effect of sus-
ceptibility to contamination and the presence of poten-
tial contaminants.
"Water-dependent" means a use or portion of a
use that cannot exist in a location that is not adjacent to
the water, but is dependent on the water by reason of the
intrinsic nature of its operations. A use that can be car-
ried out only on, in, or adjacent to water. Examples of
water-dependent uses include: ship cargo terminal load-
ing areas; fishing; ferry and passenger terminals; barge
loading, ship building, and dry docking facilities; mari-
nas, moorage, and boat launching facilities; aquacul-
ture; float plane operations; surface water intake; and
sanitary sewer and storm drain outfalls.
"Water resource inventory area (WRIA)" means
one (1) of sixty-two (62) watersheds in the State of
Washington, each composed of the drainage areas of a
stream or streams, as established in Chapter 173-500
WAC as it existed on January 1, 1997.
"Water table" means that surface in an unconfined
aquifer at which the pressure is atmospheric. It is
defined by the levels at which water stands in wells that
penetrate the aquifer just far enough to hold standing
water.
20.14-15 (Revised 9/21)
Bremerton Municipal Code 20.14.320
"Water typing system" means waters are classi-
fied according to WAC 222-16-031. Waters are classi-
fied into four (4) types, S, F, Np, and Ns, based on
whether the waters are shorelines of the state, their level
of human and wildlife use, whether they are perennial
streams, and other characteristics. Complete criteria for
the water typing system are found in BMC 20.14.720.
"Watercourse" means any portion of a channel,
bed, bank, or bottom waterward of the ordinary high
water line of waters of the state including areas in which
fish may spawn, reside, or through which they may pass,
and tributary waters with defined beds or banks, which
influence the quality of fish habitat downstream. This
definition includes watercourses that flow on an inter-
mittent basis or which fluctuate in level during the year
and applies to the entire bed of such watercourse
whether or not the water is at peak level. This definition
does not include irrigation ditches, canals, stormwater
runoff devices, or other entirely artificial watercourses,
except where they exist in a natural watercourse that has
been altered by humans.
"Well" means a bored, drilled, or driven shaft, or a
dug hole whose depth is greater than the largest surface
dimension for the purpose of withdrawing or injecting
water or other liquids.
"Wellhead protection area (WHPA)" means the
portion of a zone of contribution for a well, wellfield, or
spring, as defined using criteria established by the
Washington State Department of Ecology.
"Wetland classes," "classes of wetlands," or "wet-
land types" means the descriptive classes of the wet-
lands taxonomic classification system of the U.S. Fish
and Wildlife Service (Cowardin, et al., 1979).
"Wetland edge" means the boundary of a wetland
as delineated based on the definitions contained in this
title.
"Wetlands" means areas that are inundated or sat-
urated by surface water or groundwater 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. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and land-
scape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands
include artificial wetlands created from nonwetland
areas to mitigate the conversion of wetlands. Identifica-
tion of wetlands and delineation of their boundaries pur-
suant to this chapter shall be done in accordance with the
approved federal wetland delineation manual and appli-
cable regional supplements. All areas within the City
meeting the wetland designation criteria in that proce-
dure are hereby designated critical areas and are subject
to the provisions of this program.
"Wetlands mitigation bank" means a site where
wetlands are restored, created, enhanced, or in excep-
tional circumstances, preserved expressly for the pur-
pose of providing compensatory mitigation in advance
of authorized impacts to similar resources.
"Zone of contribution" means the area surround-
ing a well or spring that encompasses all areas or fea-
tures that supply groundwater recharge to the well or
spring. (Ord. 5418 §3, 2021; Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.300 WETLANDS.
BMC 20.14.310 through 20.14.360 pertain to wet-
lands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.310 DESCRIPTION AND PURPOSE.
(a) As identified currently in WAC 173-22-035
and as subsequently amended, identification of wetlands
and delineation of their boundaries shall be done in
accordance with the approved federal wetland delinea-
tion manual and applicable regional supplements. All
areas within the City meeting the wetland designation
criteria in the identification and delineation manual,
regardless of any formal identification, are hereby des-
ignated critical areas and are subject to the provisions of
this title.
(b) Wetlands help to maintain water quality; store
and convey stormwater and floodwater; recharge
groundwater; provide important fish and wildlife habi-
tat; and serve as areas for recreation, education, scien-
tific study and aesthetic appreciation.
(c) The City’s overall goal shall be to achieve no
net loss of wetlands. This goal shall be implemented
through retention of the function and value of wetlands
within the City. Wetland buffers serve to moderate run-
off volume and flow rates; reduce sediment, chemical
nutrient and toxic pollutants; provide shading to main-
tain desirable water temperatures; provide habitat for
wildlife; protect wetland resources from harmful intru-
sion; and generally preserve the ecological integrity of
the wetland area.
(d) The primary purpose of the wetland regula-
tions is to avoid detrimental wetland impacts and
achieve a goal of no net loss of wetland function and
values, and where possible enhance and restore wet-
lands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.320 CLASSIFICATION AND
DESIGNATION.
(a) Wetland Ratings. Wetlands shall be rated
according to the Washington State Department of Ecol-
(Revised 9/21)20.14-16
20.14.330
ogy wetland rating system found in the "Washington
State Wetland Rating System for Western Washington"
(Department of Ecology Publication No. 14-06-029) or
as amended and approved by Ecology. Wetland delinea-
tions are valid for five (5) years; after such date the City
shall determine whether a revision or additional assess-
ment is necessary. These documents contain the defini-
tions and methods for determining if the criteria below
are met.
(1) Wetland Rating Categories.
(i) Category I. Category I wetlands are
those that meet any of the following criteria:
a. Represent a unique or rare wet-
land type; or
b. Are more sensitive to disturbance
than most wetlands; or
c. Are relatively undisturbed and
contain ecological attributes that are impossible to
replace within a human lifetime; or
d. Are providing a high level of
functions, scoring twenty-three (23) points or more, out
of twenty-seven (27) (DOE Wetlands Rating System,
2014); or
e. Are characterized as wetlands of
high conservation value per the Washington Natural
Heritage Program (WNHP); or
f. Are characterized as a bog; or
g. Are over one (1) acre and charac-
terized as a mature and old-growth forested wetland or
are an estuarine wetland.
(ii) Category II. Category II wetlands are
those wetlands that are not Category I wetlands and that
meet any of the following criteria:
a. Provide high levels of some func-
tions, being difficult, though not impossible to replace;
or
b. Perform most functions rela-
tively well, scoring twenty (20) to twenty-two (22)
points out of twenty-seven (27) (DOE Wetlands Rating
System, 2014); or
c. Estuarine wetlands smaller than
one (1) acre or those that are distributed and larger than
one (1) acre.
(iii) Category III. Category III wetlands
are those wetlands that are not Category I or II wetlands,
and that meet the following criterion:
a. Provide moderate levels of func-
tions, scoring between sixteen (16) and nineteen (19)
points out of twenty-seven (27) (DOE Wetland Rating
System, 2014).
(iv) Category IV. Category IV wetlands
are those that meet the following criterion:
a. Provide low levels of functions,
scoring less than sixteen (16) points out of twenty-seven
(27) (DOE Wetlands Rating System, 2014).
(2) Date of Wetland Rating. Wetland rating
categories shall be applied as the wetland exists on the
date of adoption of the rating system by the local gov-
ernment as the wetland naturally changes thereafter, or
as the wetland changes in accordance with permitted
activities. Wetland rating categories shall not change
due to illegal modifications. (Ord. 5418 §4, 2021; Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.330 DEVELOPMENT STANDARDS -
WETLANDS.
(a) Activities may only be permitted in a wetland
or wetland buffer if the applicant can show that the pro-
posed activity will not degrade the functions and func-
tional performance of the wetland and other critical
areas.
(b) Activities and uses shall be prohibited in wet-
lands and wetland buffers, except as provided for in this
title. The following activities are regulated if they occur
in a regulated wetland or its buffer:
(1) The removal, excavation, grading, or
dredging of soil, sand, gravel, minerals, organic matter,
or material of any kind.
(2) The dumping of, discharging of, or filling
with any material.
(3) The draining, flooding, or disturbing of
the water level or water table.
(4) Pile driving.
(5) The placing of obstructions.
(6) The construction, reconstruction, demoli-
tion, or expansion of any structure.
(7) The destruction or alteration of wetland
vegetation through clearing, harvesting, shading, inten-
tional burning, or planting of vegetation that would alter
the character of a regulated wetland.
(8) Class IV general forest practices under the
authority of the "1992 Washington State Forest Prac-
tices Act Rules and Regulations," WAC 222-12-030, or
as thereafter amended.
(9) Activities that result in:
(i) A significant change of water tem-
perature.
(ii) A significant change of physical or
chemical characteristics of the sources of water to the
wetland.
(iii) A significant change in the quantity,
timing, or duration of the water entering the wetland.
(iv) The introduction of pollutants.
(c) Activities Allowed in Wetlands. The activities
listed below are allowed in wetlands. These activities do
20.14-17 (Revised 9/21)
Bremerton Municipal Code 20.14.330
not require submission of a critical area report, except
where such activities result in a loss of the functions and
values of a wetland or wetland buffer. Any ground dis-
turbing activity or placement of fill within wetlands or
in-water may also require state or federal approval and
it is the applicant’s responsibility to ensure that they
obtain necessary authorization before beginning work.
These activities include:
(1) Conservation or preservation of soil,
water, vegetation, fish, shellfish, and/or other wildlife
that does not entail changing the structure or functions
of the existing wetland.
(2) Drilling for utilities/utility corridors under
a wetland, with entrance/exit portals located completely
outside of the wetland buffer; provided, that the drilling
does not interrupt the groundwater connection to the
wetland or percolation of surface water down through
the soil column. Specific studies by a hydrologist are
necessary to determine whether the groundwater con-
nection to the wetland or percolation of surface water
down through the soil column will be disturbed.
(3) Enhancement of a wetland through the
removal of nonnative invasive plant species. Removal
of invasive plant species shall be restricted to hand
removal unless permits from the appropriate regulatory
agencies have been obtained for approved biological or
chemical treatments.
(4) Educational and scientific research activi-
ties.
(d) Category I Wetlands. Activities and uses shall
be prohibited from Category I.
(e) Category II and III Wetlands. With respect to
activities proposed in Category II and III wetlands, the
following standards shall apply:
(1) Water-dependent activities may be
allowed where there are no feasible alternatives that
would have a less adverse impact on the wetland, its
buffers and other critical areas.
(2) Where nonwater-dependent activities are
proposed, it shall be presumed that alternative locations
are available, and activities and uses shall be prohibited,
unless the applicant demonstrates that:
(i) The basic project purpose cannot rea-
sonably be accomplished and successfully avoid, or
result in less adverse impact on, a wetland on another
site or sites in the general region; and
(ii) All alternative designs of the project
as proposed that would avoid or result in less of an
adverse impact on a wetland or its buffer, such as a
reduction in the size, scope, configuration, or density of
the project, are not feasible.
(iii) Full compensation for the acreage and
loss functions will be provided under the terms estab-
lished under BMC 20.14.340(f) and (g).
(f) Category III and IV Wetlands. Isolated Cate-
gory III and IV wetlands less than one thousand (1,000)
square feet that meet all of the following criteria shall be
exempt from the buffer provisions in subsection (h) of
this section and the normal mitigation sequencing pro-
cess in BMC 20.14.340(a). Any direct impacts to these
wetlands shall be fully mitigated.
(1) Is not associated with riparian areas or
buffers;
(2) Is not part of a wetland mosaic; and
(3) Does not contain habitat identified by
Washington State Department of Fish and Wildlife as
essential for local populations of priority species, as
identified under BMC 20.14.720.
(g) Category IV Wetlands. Activities and uses that
result in unavoidable and necessary impacts may be per-
mitted in Category IV wetlands and associated buffers
in accordance with an approved wetland report and mit-
igation plan, and only if the proposed activity is the only
reasonable alternative that will accomplish the appli-
cant’s objectives. Full compensation for the acreage and
loss functions will be provided under the terms estab-
lished under BMC 20.14.340(f) and (g).
(h) Wetland Buffers.
(1) Standard Buffer Widths. Required stan-
dard wetland buffers, based on wetland category, are as
outlined in the following table (Table 20.14.330(h)(1)).
Table 20.14.330(h)(1) Wetland Buffer Table (Standard wetland buffer widths when minimization measures
and wildlife corridors are not provided)
Wetland Category
and Type
Buffer Width (in Feet) Based on Habitat Score
3-5 (Low)6-7 (Medium)8-9 (High)
I: Estuarine and
coastal wetlands 200
I: All others 100 150 300
II: Estuarine
wetlands 150
(Revised 9/21)20.14-18
20.14.330
(2) Reduced Buffer Widths. The standard
wetland buffers may be reduced by twenty-five (25) per-
cent according to the values presented in Table
20.14.330(h)(2) when the impact minimization mea-
sures in Table 20.14.330(h)(3) are implemented. For
wetlands that score six (6) or more points for habitat
function, the following conditions must be maintained
in order to use the reduced buffers, as follows:
(i) If an existing, relatively undisturbed
vegetated corridor at least one hundred (100) feet wide
exists between the on-site wetland and other priority
habitats, as defined by the Washington State Depart-
ment of Fish and Wildlife, and the off-site portion of the
corridor is already protected via an existing conserva-
tion easement, critical areas regulations, or other legal
requirement, the portion of the corridor on site must also
be protected by a similar legal protection. All other
applicable criteria found in subsection (h)(4) of this sec-
tion must also be met. The evaluation of presence or
absence of the conditions described above must be com-
pleted as part of the critical areas report.
(ii) If no such corridor is present to pro-
tect, the reduced buffers alone may be used with the
other applicable criteria contained in subsection (h)(4)
of this section. If an option for protection of a corridor,
as defined under subsection (h)(2)(i) of this section,
exists on the parcel, but is not provided, standard buffer
widths contained in Table 20.14.330(h)(1) are required.
(iii) The buffer widths in the table below
(Table 20.14.330(h)(2)) assumes that the buffer is vege-
tated with a native plant community appropriate for the
ecoregion. If the existing buffer is unvegetated, sparsely
vegetated, or vegetated with invasive species that do not
perform needed functions, the buffer should either be
planted to create the appropriate plant community or the
buffer should be widened to ensure that adequate func-
tions of the buffer are provided.
(3) Measurement of Wetland Buffers. All buf-
fers shall be measured horizontally from a perpendicular
line established at the wetland edge as surveyed in the
field. The width of the wetland buffer shall be deter-
mined according to the wetland category. The buffer for
a wetland created, restored, or enhanced as compensa-
tion for approved wetland alterations shall be the same
as the buffer required for the category of the created,
restored, or enhanced wetland. Only fully vegetated buf-
fers will be considered. Lawns, walkways, driveways,
and other mowed or paved areas will not be considered
buffers.
(4) Required Measures to Minimize Impacts
to Wetlands. Measures are required to mitigate the
II: All 100 150 300
III: All 80 150 300
IV: All 50
Table 20.14.330(h)(1) Wetland Buffer Table (Standard wetland buffer widths when minimization measures
and wildlife corridors are not provided) (Continued)
Wetland Category
and Type
Buffer Width (in Feet) Based on Habitat Score
3-5 (Low)6-7 (Medium)8-9 (High)
Table 20.14.330(h)(2) Wetland Buffer Table (Reduced wetland buffer widths when minimization measures
and corridor are provided)
Wetland Category
and Type
Buffer Width (in feet) Based on Habitat Score
3-5 (Low)6-7 (Medium)8-9 (High)
I: Estuarine and
coastal wetlands 150
I: All others 75 110 225
II: Estuarine
wetlands 110
II: All 75 110 225
III: All 60 110 225
IV: All 40
20.14-19 (Revised 9/21)
Bremerton Municipal Code 20.14.330
impacts and disturbances associated with surrounding
land use, where applicable to a specific proposal in order
to implement Table 20.14.330(h)(2). If required mea-
sures outlined in Table 20.14.330(h)(3) are not imple-
mented, the standard wetland buffers in Table
20.14.330(h)(1) shall be required.
(5) Increased Wetland Buffer Widths. The
Director shall require increased buffer widths in accor-
dance with the recommendations of an experienced,
qualified professional wetland scientist, and the best
available science on a case-by-case basis when a larger
buffer is necessary to protect wetland functions and val-
ues based on site-specific characteristics. This determi-
nation shall be based on one (1) or more of the following
criteria:
(i) A larger buffer is needed to protect
other critical areas;
(ii) The buffer or adjacent uplands has a
slope greater than fifteen (15) percent or is susceptible
to erosion and standard erosion-control measures will
not prevent adverse impacts to the wetland; or
(iii) The buffer area has minimal vegeta-
tive cover. In lieu of increasing the buffer width where
existing buffer vegetation is inadequate to protect the
wetland functions and values, implementation of a buf-
fer planting plan may substitute. Where a buffer plant-
ing plan is proposed, it shall include densities that are
not less than three (3) feet on center for shrubs and eight
(8) feet on center for trees and require monitoring and
maintenance to ensure success. Existing buffer vegeta-
tion is considered "inadequate" and will need to be
enhanced through additional native plantings and (if
appropriate) removal of nonnative plants when: (1) non-
native or invasive plant species provide the dominant
cover, (2) vegetation is lacking due to disturbance and
wetland resources could be adversely affected, or (3)
Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands
Disturbance Required Measures to Minimize Impacts
Lights (1) Direct lights away from wetland as illustrated in a photometric plan.
Noise (2) Locate activity that generates noise away from wetland.
(3) If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source.
(4) For activities that generate relatively continuous, potentially disruptive
noise, such as certain heavy industry or mining, establish an additional ten (10)
feet of heavily vegetated buffer strip immediately adjacent to the outer wetland
buffer.
Toxic runoff (5) Route all new, untreated runoff away from wetland while ensuring wetland
is not dewatered.
(6) Establish covenants limiting use of pesticides within one hundred fifty
(150) feet of wetland.
(7) Apply integrated pest management.
Stormwater runoff (8) Retrofit stormwater detention and treatment for roads and existing adjacent
development.
(9) Prevent channelized flow from lawns that directly enters the buffer.
(10) Use low intensity development (for more information refer to the drainage
ordinance and manual) best management practices where appropriate.
Change in water regime (11) Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns.
Pets and human disturbance (12) Use privacy fencing or plant dense vegetation to delineate buffer edge and
to discourage disturbance using vegetation appropriate for the ecoregion.
(13) Place wetland and its buffer in a separate tract or protect with a
conservation easement.
Dust (14) Use best management practices to control dust.
Disruption of corridors or
connections
(15) Maintain connections to off-site areas that are undisturbed.
(16) Restore on-site corridors or connections to off-site habitats by replanting.
(Revised 9/21)20.14-20
20.14.330
enhancement plantings in the buffer could significantly
improve buffer functions.
(6) Wetland Buffer Width Averaging. The
Director may allow modification of the standard wet-
land buffer width in accordance with an approved wet-
land report and the best available science on a case-by-
case basis by averaging buffer widths. Averaging of
buffer widths may only be allowed where the applicant
and a qualified professional wetland scientist demon-
strate that:
(i) No feasible site design exists without
buffer averaging;
(ii) It will not reduce wetland functions or
functional performance;
(iii) The wetland contains variations in
sensitivity due to existing physical characteristics or the
character of the buffer varies in slope, soils, or vegeta-
tion, and the wetland would benefit from a wider buffer
in places and would not be adversely impacted by a nar-
rower buffer in other places;
(iv) The total area contained in the buffer
area after averaging is no less than that which would be
contained within the standard buffer; and
(v) The buffer width is not reduced to less
than seventy-five (75) percent of the standard width or
thirty-five (35) feet.
(7) Buffer Consistency. All mitigation sites
shall have buffers consistent with the buffer require-
ments of this chapter.
(8) Buffer Maintenance. Except as otherwise
specified or allowed in accordance with this title, wet-
land buffers shall be retained in an undisturbed or
enhanced condition. Removal of invasive nonnative
weeds is required for the duration of the mitigation
bond.
(9) Buffer Uses. The following uses may be
permitted within a wetland buffer in accordance with the
review procedures of this title, provided they are not
prohibited by any other applicable law and they are con-
ducted in a manner so as to minimize impacts to the buf-
fer and adjacent wetland:
(i) Conservation and Restoration Activi-
ties. Conservation or restoration activities aimed at pro-
tecting the soil, water, vegetation, or wildlife.
(ii) Passive Recreation. Low-impact uses
and activities which are consistent with the purpose and
function of the wetland buffer and do not detract from its
integrity may be permitted within the buffer depending
on the sensitivity of the wetland. Uses may include:
a. Walkways and trails; provided,
that those pathways that are generally parallel to the
perimeter of the wetland may be located in the outer
twenty-five (25) percent of the buffer area and located to
avoid removal of significant trees; provided, that:
i. They are no wider than six
(6) feet, and generally constructed with a surface that
does not interfere with substrate permeability. Raised
boardwalks utilizing nontreated pilings may be accept-
able; and
ii. They shall be limited to
pedestrian use; and
iii. They shall not be allowed to
fully enclose a habitat area or buffer; and
iv. They are subject to closure
(at the Director’s discretion) during critical spawning,
migration or breeding time periods of the species pres-
ent;
b. Wildlife viewing structures; and
c. Fishing access areas down to the
water’s edge that shall be no larger than six (6) feet.
(iii) Stormwater Management Facilities.
Stormwater management facilities, limited to stormwa-
ter dispersion outfalls and bioswales, may be allowed
within the outer twenty-five (25) percent of the buffer of
Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities
will not degrade the functions or values of the wetland.
(iv) Low-Impact Development (LID)
Facilities. LID facilities may be allowed within the buf-
fer of Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities
will not degrade the functions or values of the wetland.
(i) Signs and Fencing of Wetlands.
(1) Temporary Markers. The outer perimeter
of the wetland or buffer and the limits of those areas to
be disturbed pursuant to an approved permit or authori-
zation shall be marked in the field in such a way as to
ensure that no unauthorized intrusion will occur and is
subject to inspection prior to the commencement of per-
mitted activities. This temporary marking shall be main-
tained throughout construction and shall not be removed
until permanent signs, if required, are in place.
(2) Permanent Signs. As a condition of any
permit or authorization issued pursuant to this chapter,
the Director may require the applicant to install perma-
nent signs along the boundary of a wetland or buffer.
(i) Permanent signs shall be made of an
enamel-coated metal face and attached to a metal post,
or another nontreated material of equal durability. Signs
must be posted at an interval of one (1) per lot or every
fifty (50) feet, whichever is less, and must be maintained
by the property owner in perpetuity. The sign shall be
20.14-21 (Revised 9/21)
Bremerton Municipal Code 20.14.340
worded as follows or with alternative language
approved by the Director:
Protected Wetland Area
Do Not Disturb
Contact City of Bremerton
Department of Community Development
Regarding Uses and Restriction
(3) Fencing.
(i) The Director shall determine if fenc-
ing is necessary to protect the functions and values of
the critical area. If found to be necessary, any permit or
authorization issued pursuant to this chapter shall be
conditioned to require the applicant to install a perma-
nent fence at the edge of the wetland buffer when fenc-
ing will prevent future impacts to the wetland.
(ii) Fencing installed as part of a pro-
posed activity or as required in this subsection shall be
designed so as to not interfere with species migration,
including fish runs, and shall be constructed in a manner
that minimizes impacts to the wetland and associated
habitat. (Ord. 5418 §5, 2021; Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.340 MITIGATION REQUIREMENTS -
WETLANDS.
Compensatory mitigation for alterations to wet-
lands shall achieve equivalent or greater biologic func-
tions. Compensatory mitigation plans shall be consistent
with the State Department of Ecology publication
"Guidance on Wetland Mitigation in Washington
State," 2006 (Publication Nos. 06-06-011a and 06-06-
011b), or as revised.
(a) Mitigation shall be required in the following
order of preference:
(1) Avoiding the impact altogether by not tak-
ing a certain action or parts of an action.
(2) Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology, or by taking affir-
mative steps to avoid or reduce impacts.
(3) Rectifying the impact by repairing, reha-
bilitating, or restoring the affected environment.
(4) Reducing or eliminating the impact over
time by preservation and maintenance operations.
(5) Compensating for the impact by replacing,
enhancing, or providing substitute resources or environ-
ments.
(b) Mitigation for Lost or Affected Functions.
Compensatory mitigation actions shall address func-
tions affected by the alteration to achieve functional
equivalency or improvement and shall provide similar
wetland functions as those lost, except when:
(1) The lost wetland provides minimal func-
tions as determined by a site-specific function assess-
ment, and the proposed compensatory mitigation
action(s) will provide equal or greater functions or will
provide functions shown to be limiting within a water-
shed through a formal Washington State watershed
assessment plan or protocol; or
(2) Out-of-kind replacement will best meet
formally identified watershed goals, such as replace-
ment of historically diminished wetland types.
(c) Preference of Mitigation Actions. Mitigation
actions that require compensation by replacing, enhanc-
ing, or substitution shall occur in the following order of
preference:
(1) Restoring wetlands on upland sites that
were formerly wetlands.
(2) Creating wetlands on disturbed upland
sites such as those with vegetative cover consisting pri-
marily of nonnative introduced species. This should
only be attempted when there is a consistent source of
hydrology and it can be shown that the surface and sub-
surface hydrologic regime is conducive for the wetland
community that is being designed.
(3) Enhancing significantly degraded wet-
lands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that
includes replacing the impacted area meeting appropri-
ate ratio requirements.
(d) Type and Location of Mitigation. Unless it is
demonstrated that a higher level of ecological function-
ing would result from an alternate approach, compensa-
tory mitigation for ecological functions shall be either in
kind and on site, or in kind and within the same stream
reach, subbasin, or drift cell. Mitigation actions shall be
conducted within the same subdrainage basin and on the
site as the alteration except when all of the following
apply:
(1) There are no reasonable on-site or in-
subdrainage basin opportunities or on-site and in-
subdrainage basin opportunities do not have a high like-
lihood of success, after a determination of the natural
capacity of the site to mitigate for the impacts. Consid-
eration should include: anticipated wetland mitigation
replacement ratios, buffer conditions and proposed
widths, hydrogeomorphic classes of on-site wetlands
when restored, proposed flood storage capacity, poten-
tial to mitigate riparian fish and wildlife impacts (such
as connectivity);
(2) Off-site mitigation has a greater likelihood
of providing equal or improved wetland functions than
the impacted wetland; and
(3) Off-site locations shall be in the same
subdrainage basin unless:
(Revised 9/21)20.14-22
20.14.340
(i) Established watershed goals for water
quality, flood or conveyance, habitat, or other wetland
functions have been established and strongly justify
location of mitigation at another site; or
(ii) Credits from a state-certified wetland
mitigation bank or state-approved in-lieu fee (ILF) site
are used as mitigation and the use of credits is consistent
with the terms of the bank’s certification or ILF
approval.
(e) Mitigation Timing. Mitigation projects shall be
completed with an approved monitoring plan prior to
activities that will disturb wetlands. In all other cases,
mitigation shall be completed immediately following
disturbance and prior to use or occupancy of the activity
or development. Construction of mitigation projects
shall be timed to reduce impacts to existing fisheries,
wildlife, and flora.
(1) The Director may authorize a one (1) time
temporary delay, up to one hundred twenty (120) days,
in completing minor construction and landscaping when
environmental conditions could produce a high proba-
bility of failure or significant construction difficulties.
The delay shall not create or perpetuate hazardous con-
ditions or environmental damage or degradation, and
the delay shall not be injurious to the health, safety, and
general welfare of the public. The request for the tempo-
rary delay must include a written justification that doc-
uments the environmental constraints that preclude
implementation of the mitigation plan. The justification
must be verified and approved by the City and include a
financial guarantee.
(f) Mitigation Ratios.
(1) Acreage Replacement Ratios. The follow-
ing ratios shall apply to creation or restoration that is in
kind, is on site, is the same category, is timed prior to or
concurrent with alteration, and has a high probability of
success. Creation of Category I wetlands, specifically
bogs and heritage sites, is not possible, per “Wetland
Mitigation in Washington State: Part 1 – Agency Poli-
cies and Guidance” (Version 1, Ecology Publication No.
06-06-011a, March 2006, or as amended). These ratios
do not apply to remedial actions resulting from unautho-
rized alterations; greater ratios shall apply in those
cases. These ratios do not apply to the use of credits
from a state-certified wetland mitigation bank or
approved ILF site. When credits from a certified bank or
approved ILF site are used, replacement ratios should be
consistent with the requirements of the bank’s certifica-
tion or site’s approved instrument. The first number
specifies the acreage of replacement wetlands and the
second specifies the acreage of wetlands altered.
(2) Increased Replacement Ratio. The Direc-
tor may increase the ratios under the following circum-
stances:
(i) Uncertainty exists as to the probable
success of the proposed restoration or creation;
(ii) A significant period of time will
elapse between impact and replication of wetland func-
tions;
(iii) Proposed mitigation will result in a
lower category wetland or reduced functions relative to
the wetland being impacted; or
(iv) The impact was an unauthorized
impact.
(g) Wetlands Enhancement as Mitigation.
(1) Impacts to wetland functions may be miti-
gated by enhancement of existing significantly
degraded wetlands, but where feasible should be used in
conjunction with restoration and/or creation. Applicants
proposing to enhance wetlands must produce a wetland
report that identifies how enhancement will increase the
functions of the degraded wetland and how this increase
will adequately mitigate for the loss of wetland area and
function at the impact site. An enhancement proposal
must also show whether existing wetland functions will
be reduced by the enhancement actions.
(2) Ratios for rehabilitation and enhancement
may be reduced when combined with one to one (1:1)
replacement through creation or reestablishment. See
Wetland
Category
Wetland Mitigation Type and Replacement Ratio
Creation Reestablishment Rehabilitation Enhancement Only
Category I 6:1* 6:1 12:1 Not allowed
Category II 3:1 3:1 6:1 12:1
Category
III 2:1 2:1 4:1 8:1
Category
IV 1.5:1 1.5:1 3:1 6:1
*Wetland creation is not allowed for Category I bogs and heritage sites
20.14-22.1 (Revised 9/21)
Bremerton Municipal Code 20.14.360
Table 1a, Wetland Mitigation in Washington State - Part
1: Agency Policies and Guidance - Version 1 (Ecology
Publication No. 06-06-011a, Olympia, WA, March
2006 or as revised).
(h) Mitigation of Wetland Buffer Impacts. Com-
pensation for wetland buffer impacts shall occur at a
minimum one to one (1:1) ratio. Compensatory mitiga-
tion for buffer impacts shall include enhancement of
degraded buffers by planting native species and remov-
ing structures and impervious surfaces within buffers.
(i) Wetland Mitigation Banks.
(1) Credits from a wetland mitigation bank
may be approved for use as compensation for unavoid-
able impacts to wetlands when:
(i) The bank is certified under Chapter
173-700 WAC; and
(ii) The Director determines that the wet-
land mitigation bank provides appropriate compensa-
tion for the authorized impacts; and
(iii) The proposed use of credits is consis-
tent with the terms and conditions of the bank’s certifi-
cation.
(2) Replacement ratios for projects using
bank credits shall be consistent with replacement ratios
specified in the bank’s certification.
(3) Credits from a certified wetland mitiga-
tion bank may be used to compensate for impacts
located within the service area specified in the bank’s
certification. In some cases, bank service areas may
include portions of more than one (1) adjacent drainage
basin for specific wetland functions.
(j) Wetland Mitigation Monitoring. The mitiga-
tion plan shall include a program for monitoring con-
struction of the compensation project and for assessing
a completed project. A protocol shall be included outlin-
ing the schedule for site monitoring, and how the moni-
toring data will be evaluated. A monitoring report shall
be submitted as needed to document milestones, suc-
cesses, problems, and contingency actions of the com-
pensation project. The compensation project shall be
monitored for a period necessary to establish that perfor-
mance standards have been met, but not for a period less
than five (5) years. The Director shall have the authority
to modify or extend the monitoring period and require
additional monitoring reports for up to ten (10) years
when any of the following conditions apply:
(1) The project does not meet the performance
standards identified in the mitigation plan;
(2) The project does not provide adequate
replacement for the functions and values of the impacted
critical area;
(3) The project involves establishment of for-
ested plant communities, which require longer time for
establishment. (Ord 5418 §6, 2021; Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.350 PERFORMANCE STANDARDS -
SUBDIVISIONS.
The subdivision and short subdivision of land in
wetlands and associated buffers is subject to the follow-
ing:
(a) Land that is located wholly within a wetland or
its buffer may not be subdivided.
(b) Land that is located partially within a wetland
or its buffer may be subdivided; provided, that an acces-
sible and contiguous portion of each new lot is located
outside of the wetland and its buffer.
(c) Access roads and utilities serving the proposed
subdivision may be permitted within the wetland and
associated buffers only if the City determines that no
other feasible alternative exists and when consistent
with this title and all other required state and federal
approvals. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.360 WETLAND REPORT.
Critical area reports for wetlands must meet the
requirements of this section.
(a) Preparation by a Qualified Professional. A crit-
ical area report for wetlands shall be prepared by a qual-
ified professional who is a certified professional
wetland scientist or a noncertified professional wetland
scientist with a minimum of five (5) years experience in
the field of wetland science and with experience prepar-
ing wetland reports.
(b) Area Addressed in Wetland Report. The fol-
lowing areas shall be addressed in a critical area report
for wetlands:
(1) The project area of the proposed activity;
(2) All wetlands and recommended buffers
within three hundred (300) feet of the project area; and
(3) All shoreline areas, water features, flood-
plains, and other critical areas, and related buffers
within three hundred (300) feet of the project area.
(c) Wetland Analysis. A critical area report for
wetlands shall contain an analysis of the wetlands
including the following site- and proposal-related infor-
mation at a minimum:
(1) A written assessment and accompanying
maps of the wetlands and buffers within three hundred
(300) feet of the project area, including the following
information at a minimum:
(i) Wetland delineation and required
buffers;
(ii) Existing wetland acreage;
(iii) Wetland category;
(iv) Vegetative, faunal, and hydrologic
characteristics;
(Revised 9/21)20.14-22.2
20.14.360
(v) Soil and substrate conditions;
(vi) Topographic elevations, at two (2)
foot contours; and
(vii)A discussion of the water sources sup-
plying the wetland and documentation of hydrologic
regime (locations of inlet and outlet features, water
depths throughout the wetland, evidence of recharge or
discharge, evidence of water depths throughout the year:
drift lines, algal layers, moss lines, and sediment depos-
its).
20.14-27 (Revised 9/21)
Bremerton Municipal Code 20.14.530
(11)The assessment shall also address the
types of pesticides, herbicides and fertilizers that can
safely be used for the care of landscaping proposed by
the applicant.
(b) The hydrogeologic assessment shall be pre-
pared by a professional geologist/hydrologist or by a
soil scientist with a strong background in geology (see
definition of "Qualified professional" in BMC
20.14.200).
(c) Applications for development or operations
with underground storage of petroleum products will be
processed using the appropriate procedure as specified
in existing Kitsap County ordinances.
(d) Analysis for a specific parcel(s), using the cri-
teria outlined below, will be employed to confirm if the
soils present require a recharge area designation. Data
collection will include, at a minimum, six (6) soil logs to
a depth of ten (10) feet (or to a depth four (4) feet below
the lowest proposed excavation point whichever is
greater) for each acre in the parcel(s) being evaluated.
At least one (1) well, two hundred (200) feet or greater
in depth with an adequate drilling report, must be avail-
able within one (1) mile. The associated data shall be
analyzed and included in the hydrogeologic assessment
to determine the presence of highly permeable soils with
the recharge area designation. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.500 FREQUENTLY FLOODED AREAS.
BMC 20.14.500 through 20.14.530 pertain to fre-
quently flooded areas. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.510 DESCRIPTION AND PURPOSE.
It is the purpose of this chapter to promote the pub-
lic health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in spe-
cific areas caused by flooding, while protecting the
functions and values of the floodplains. In addition, this
section will give special consideration to anadromous
fish habitat in combination with BMC 20.14.700, Fish
and Wildlife Habitat Conservation Areas. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.520 CLASSIFICATION AND
DESIGNATION.
Frequently flooded areas are those areas established
as areas of special flood hazard under Chapter 17.60
BMC, Floodplain Management. Under Chapter 17.60
BMC, this includes those areas of special flood hazard
identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood
Insurance Study for Kitsap County and Incorporated
Areas" dated November 4, 2010, and any revisions
thereto, with accompanying flood insurance rate maps
(FIRM), and any revisions thereto. The best available
information for flood hazard area identification as out-
lined in BMC 17.60.140(b) shall be the basis for regula-
tion until a new FIRM is issued that incorporates data
utilized under BMC 17.60.140(b). (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.530 DEVELOPMENT STANDARDS.
(a) All development proposals shall comply with
Chapter 17.60 BMC for general and specific flood haz-
ard protection. Development shall not reduce the base
flood water storage ability. Construction, grading or
other regulated activities that would reduce the flood
water storage ability must be mitigated by creating com-
pensatory storage on or off site.
(b) Base flood data and flood hazard notes shall be
shown on the face of any recorded plat or site plan
including, but not limited to, base flood elevations,
flood protection elevation, boundary of floodplain, and
zero rise floodway.
(c) Unless exempted in subsection (d) of this sec-
tion, when development occurs within the floodplain, a
habitat assessment is required, that is prepared in accor-
dance with Regional Guidance for Floodplain Habitat
Assessment and Mitigation (FEMA Region X, 2010), or
as hereafter amended. The assessment shall determine if
the project would adversely affect:
(1) The primary constituent elements identi-
fied when a species is listed as threatened or endan-
gered;
(2) Essential fish habitat designated by the
National Marine Fisheries Service;
(3) Fish and wildlife habitat conservation
areas;
(4) Vegetation communities and habitat struc-
tures;
(5) Water quality;
(6) Water quantity, including flood and low
flow depths, volumes and velocities;
(7) The channel’s natural planform pattern
and migration processes;
(8) Spawning substrate, if applicable; and/or
(9) Floodplain refugia, if applicable.
(d) The following activities do not require comple-
tion of a floodplain habitat assessment:
(1) Repair of existing building in its existing
footprint, including damages by fire or other casualties;
(2) Removal of noxious weeds;
(3) Replacement of nonnative vegetation with
native vegetation;
(4) Ongoing activities such as lawn and gar-
den maintenance;
(5) Removal of danger trees;
(6) Normal maintenance of public utilities
and facilities;
(Revised 9/21)20.14-28
20.14.600
(7) Restoration or enhancement of flood-
plains, riparian areas and streams that meets federal and
state standards. (Ord. 5418 §7, 2021; Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.600 GEOLOGICALLY HAZARDOUS
AREAS.
BMC 20.14.600 through 20.14.660 pertain to geo-
logically hazardous areas. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.610 PURPOSE.
The purpose of BMC 20.14.600 through 20.14.660
is to protect human life and property from potential risks
related to development on or near geologically hazard-
ous areas. Geologically hazardous areas include areas
susceptible to erosion, sliding, geologic events, land-
slides, and moderate and steep slope areas. BMC
20.14.600 through 20.14.660 classify geologically haz-
ardous areas and set development standards for develop-
ment and clearing in or near geologically hazardous
areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.620 CLASSIFICATION.
The following categories shall be used in classify-
ing geologically hazardous areas:
(a) Areas of high geologic hazard are areas meet-
ing either of the following two (2) criteria:
(1) Areas with slopes greater than forty (40)
percent with vertical relief of ten (10) or more feet; or
(2) Areas with slopes greater than thirty (30)
percent with vertical relief of ten (10) or more feet, and
any of the following characteristics:
(i) Unstable soil or shoreline classified
as "unstable" (U), "unstable old slides" (UOS), "unsta-
ble recent slides" (URS), or "intermediate" (I) by the
U.S. Department of Agriculture Soil Conservation Ser-
vice, U.S. Geologic Survey, the Washington Depart-
ment of Ecology Coastal Zone Atlas, or qualified
geologist or geotechnical engineer;
(ii) Groundwater seepage or springs pres-
ent on the slope, areas underlain by impermeable silts or
clays, or mappable emergent water;
(iii) Erosion hazard as indicated by poten-
tial for stream or wave incision or as classified as
"highly erodible" or "potentially erodible" by the Natu-
ral Resources Conservation Service;
(iv) Seismic areas subject to liquefaction
from earthquakes such as hydric soils as identified by
the Natural Resources Conservation Service, and areas
that have been filled to make a site more suitable.
(b) Areas of moderate geologic hazard are any
areas with slopes of thirty (30) percent or greater and
vertical relief of ten (10) or more feet, and any areas
with slopes of fifteen (15) percent to thirty (30) percent
with vertical relief of ten (10) or more feet and any of the
characteristics per subsections (a)(2)(i) through (iii) of
this section. Seismic hazard areas subject to liquefaction
from earthquakes, areas with hydric soils, and areas of
loose fill shall be classified as moderate geologic hazard
areas regardless of percent slope.
(c) Site-Specific Determination. Site-specific geo-
logical reports may be used to determine the classifica-
tion of a potentially geologically hazardous area in
either of the following cases:
(1) When an applicant questions the informa-
tion the Department must rely on to determine whether
a location is classified as a geologically hazardous area,
the applicant may submit an appropriate site-specific
geological report. If supportable by the geological
report, the Department may make a nongeologically
hazardous determination.
(2) The Department is authorized but not
mandated to require submittal of a geological report for
any proposal on a site with slopes of fifteen (15) percent
or greater and vertical relief of ten (10) or more feet, or
potential seismic hazard areas. Requests by the Depart-
ment for submittal of a geological report may be made
when slope percentages are poorly documented, or
when it is deemed through site visit, close proximity to
mapped areas of unstable soils, previously prepared
geological reports in the vicinity, or other pertinent
information that a probable likelihood of soil instability
per subsection (a)(2)(i) through (iv) of this section exists
on the site. The Department shall not make requests for
geological reports in cases where slope percentages are
well documented and there is a probable likelihood of
stable soil characteristics on the site. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.630 DEVELOPMENT STANDARDS.
The following standards shall apply to any land or
vegetation modification or construction within a geo-
logically hazardous area as classified per BMC
20.14.620 and its buffer as described herein. The
Department will approve, approve with conditions or
deny the development proposal based on its ability to
meet the development standards. The Department will
also consider any proposed mitigation measures or buf-
fer reductions included in a geotechnical report per sub-
section (c) of this section.
(a) Areas of high geologic hazard as classified per
BMC 20.14.620(a) shall be subject to the following
standards:
(1) Building and Impervious Surface Buffer.
No construction of any structure or impervious surface
is allowed within fifty (50) feet of the top and toe of the
slope, unless reductions supportable by a geotechnical
report are approved.
20.14-35 (Revised 9/21)
Bremerton Municipal Code 20.14.730
(14)Development Standards. Regulated uses
in designated fish and wildlife habitat conservation
areas and/or buffers shall comply with the performance
standards outlined in this section. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.730 DEVELOPMENT STANDARDS.
For the purposes of this title, a designated fish and
wildlife habitat conservation area with its buffer is a
critical area. Those regulated uses identified below
within designated fish and wildlife habitat conservation
areas shall comply with the performance standards out-
lined in this chapter. A habitat management plan (HMP)
is a site investigation to evaluate the potential presence
or absence of a regulated fish or wildlife species or hab-
itat affecting a subject property and proposed develop-
ment.
(a) Endangered, Threatened, and Sensitive Spe-
cies.
(1) No development shall be allowed within a
habitat conservation area or buffer with which state or
federally endangered, threatened, or sensitive species
have a primary association, except that which is pro-
vided for by a habitat management plan (HMP).
(2) Whenever activities are proposed adjacent
to a habitat conservation area with which state or feder-
ally endangered, threatened, or sensitive species have a
primary association, such area shall be protected
through the application of protection measures in accor-
dance with an HMP prepared by a qualified professional
and approved by the City. Approval for alteration of
land adjacent to the habitat conservation area or its buf-
fer shall not occur prior to consultation with the Wash-
ington Department of Fish and Wildlife for animal
species, the Washington State Department of Natural
Resources for plant species, and other appropriate fed-
eral or state agencies.
(b) Anadromous Fish.
(1) All activities, uses, and alterations pro-
posed to be located in water bodies used by anadromous
fish or in areas that affect such water bodies shall give
special consideration to the preservation and enhance-
ment of anadromous fish habitat, including, but not lim-
ited to, adhering to the following standards:
(i) Activities shall be timed to occur only
during the allowable work window as designated by the
Washington Department of Fish and Wildlife for the
applicable species;
(ii) If alternative alignment or location
for the activity is not feasible, then activities shall be
designed so that it will not degrade the functions or val-
ues of the fish habitat or other critical areas;
(iii) Shoreline erosion control measures
shall be designed to use bioengineering methods or soft
armoring techniques, according to an approved critical
area report; and
(iv) Any impacts to the functions or val-
ues of the habitat conservation area are mitigated in
accordance with an approved habitat management plan.
(2) Structures that prevent the migration of
salmonids shall not be allowed in the portion of water
bodies currently or historically used by anadromous
fish. Fish bypass facilities shall be provided that allow
the upstream migration of adult fish and shall prevent
fry and juveniles migrating downstream from being
trapped or harmed.
(3) Fills, when authorized by the Shoreline
Master Program, shall not adversely impact anadromous
fish or their habitat or shall mitigate any unavoidable
impacts and shall only be allowed for a water-dependent
use.
(c) Wetland Habitats. All proposed activities
within or adjacent to habitat conservation areas contain-
ing wetlands shall conform to the wetland development
performance standards set forth in BMC 20.14.300. If
nonwetlands habitat and wetlands are present at the
same location, the provisions of this chapter or the wet-
lands chapter, whichever provides greater protection to
the habitat, apply.
(d) Buffers and Associated Building Setback
Areas. The distance shall be measured from the ordinary
high water mark (OHM) or from the top of the bank
where the OHM cannot be identified. Buffers shall
remain undisturbed natural beach or vegetation areas
except where the buffer can be enhanced to improve its
functional attributes, as approved by the Department.
Buffers shall be maintained along the perimeter of fish
and wildlife habitat conservation areas, as listed below
in Table 1 of this section. Refuse shall not be placed in
buffers. Alteration of buffer areas and building setbacks
may be allowed for water-dependent and water-related
activities and for other development authorized by an
HMP, reasonable use exceptions, general exemp-
tions,standards for existing (nonconforming) develop-
ment, and variances in general exemptions, BMC
20.14.145.
(Revised 9/21)20.14-36
20.14.730
(1) Buffers. Where existing buffer area vege-
tation along Type F, Np, and Ns waters provide minimal
vegetative cover and cannot provide the City’s water
quality standards or habitat functions (per the require-
ments of the Department of Ecology and Fish and Wild-
life), buffer enhancement shall be required when buffers
are directly impacted or reduced. Enhancement should
be conducted at a minimum one and one-half to one
(1.5:1) ratio to mitigate direct impacts or buffer reduc-
tion. On a case-by-case basis, the Director may consider
a smaller enhancement ratio, no less than one to one
(1:1), where the applicant provides a greater density of
on-center plant spacing than required. Where buffer
enhancement is required, a plan shall be prepared that
includes plant densities that are not less than three (3)
feet on center for shrubs and eight (8) feet on center for
trees. Separate tree spacing requirements for buffer area
vegetation triggered by development within shoreline
jurisdiction (via a Vegetation Management Plan) can be
found under Shoreline Master Program Section
7.020(a)(5). Monitoring and maintenance of plants shall
be required in accordance with BMC 20.14.760, Moni-
toring and contingency plan. Existing buffer vegetation
is considered "inadequate" and will require enhance-
ment through additional native vegetation and removal
of nonnative plants when:
(i) Nonnative or invasive plant species
provide the dominant cover;
(ii) Vegetation is lacking due to distur-
bance and marine, stream, or habitat resources could be
adversely affected; or
(iii) Enhancement vegetation in the buffer
could significantly improve buffer functions.
(2) "Minimum building setback" is the
required horizontal distance between the finished exte-
rior wall of a structure and the edge of the buffer of the
lot on which the structure is located. All portions of a
structure must be located away from the buffer a dis-
tance equal to or greater than the minimum setback.
Uses not requiring a permit defined in the City Building
Code as set forth in Chapter 17.04 BMC may be permit-
ted in the setback if the Department determines that such
intrusions will not adversely impact the fish and wildlife
habitat conservation area.
(3) Stream Buffer Measurement. Streams
shall be classified according to the stream type system
as provided in WAC 222-16-031, Interim water typing
system. Stream buffer areas are defined by these classi-
fications, as shown in Table 1 of this section. Buffers
shall be measured from the ordinary high water mark
(OHM) or from the top of the bank where the OHM can-
not be identified. The buffer width shall be increased to
include streamside wetlands which provide overflow
storage for stormwaters, feed water back to the stream
during low flows or provide shelter and food for fish. In
braided channels, the OHM or top of bank shall be
defined so as to include the entire stream feature.
(4) Buffer Averaging. For buffering averag-
ing for areas within the areas of shoreline jurisdiction,
please refer to Shoreline Master Program Section
7.010(c)(5). For all other areas, buffer widths may be
modified by averaging buffer widths as long as the total
area contained within the buffer after averaging is no
less than the required buffer prior to averaging, and as
set forth below. A buffer enhancement plan shall be
required for any request for buffer averaging. The
enhancement plan shall be similar to a mitigation plan,
and include provisions for mitigation monitoring and
contingency plans. Buffer width averaging shall be
allowed only where the applicant demonstrates through
a report prepared by a qualified biologist or habitat spe-
cialist with five (5) years’ experience that:
(i) Buffer averaging is necessary to
avoid a hardship caused by circumstances to the prop-
erty;
(ii) The habitat contains variations in sen-
sitivity due to existing physical characteristics, or the
buffer varies in characteristics and it would benefit from
a wider buffer in places and would not be adversely
impacted by a narrower buffer in other places;
20.14.730 Table 1: Water Type Buffer Standards
Water Types Attributes
Minimum Building
Setback
Buffer Width
Standard
S
Saltwater and Freshwater
See Shoreline Master Program for buffer and minimum building setback
F Fish habitat waters 15 feet beyond buffer 150 feet
Np Year-round, nonfish habitat 15 feet beyond buffer 50 feet
Ns Seasonal, nonfish habitat 15 feet beyond buffer 35 feet
20.14-37 (Revised 9/21)
Bremerton Municipal Code 20.14.730
(iii) Lower intensity land uses would be
located adjacent to areas where the buffer width is
reduced;
(iv) The widest portion of the buffer shall
be the area where the habitat is most sensitive;
(v) Buffer width averaging will not
adversely impact fish and wildlife habitat conservation
areas;
(vi) The buffer width may be reduced by
thirty-five (35) percent of the standard buffer, but not
less than thirty-five (35) feet unless provided for by a
habitat management plan.
(5) Buffer Reduction. Buffers and associated
building setbacks may be reduced where the applicant
demonstrates through an approved HMP relying on best
available science and prepared by a qualified specialist
with five (5) years’ experience that through buffer
enhancement the smaller buffer would provide equal or
better protection than the larger buffer, but shall not be
reduced by more than thirty-five (35) percent. Enhance-
ment techniques can include, but are not limited to:
(i) Planting of native trees or shrubs,
increasing the diversity of plant cover types, replacing
exotic species with native species, or reestablishing fish
areas adjacent to a marine shoreline or stream where one
currently does not exist will result in improved function
of the fish habitat;
(ii) Fish barrier removal to restore acces-
sibility to resident or anadromous fish;
(iii) Fish habitat enhancement using log
structures incorporated as part of a fish habitat enhance-
ment plan;
(iv) Stream and/or retention/detention
pond improvements:
a. Removal or modification of
existing stream culverts (such as at road crossings) to
improve fish passage and flow capabilities, or
b. Upgrade of retention/detention
facilities or other drainage facilities beyond required
levels to provide a more naturalized habitat;
(v) Removal of existing bulkheads to
improve fish spawning and habitat areas;
(vi) Daylighting a stream that was previ-
ously culverted or piped, or daylighting box culverts or
trestles.
(6) Stormwater Management Facilities.
Stormwater management facilities, limited to stormwa-
ter dispersion outfalls and bioswales, may be allowed
within the outer twenty-five (25) percent of the buffer;
provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100)
feet in width; and
(iii) The location of such facilities will not
degrade the functions or values of the stream and/or
habitat area shown through an approved HMP.
(7) Low-Impact Development (LID) Facili-
ties. LID facilities may be allowed within stream buf-
fers; provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100)
feet in width; and
(iii) The location of such facilities will not
degrade the functions or values of the stream and/or
habitat area shown through an approved HMP.
(8) Habitat Conservation Area Buffers. For
Type F, Type Np, and Type Ns waters only, habitat con-
servation area buffers shall be shown on the develop-
ment site plans or final plat maps along with the notation
requirements identified in BMC 20.58.080.
(i) If an existing property has a previ-
ously delineated and approved fish and wildlife habitat
conservation area and associated buffer by the City, the
approved conservation area and buffer may remain in
effect. Redevelopment and/or additions outside of the
existing footprint shall be subject to the previously
approved buffer; however, a buffer enhancement plan
may be required in accordance if the habitat buffer area
has become degraded or is currently not functioning or
if the habitat area and/or buffer may be negatively
affected by proposed new development. If, according to
the buffer enhancement plan, additional buffer mitiga-
tion is not sufficient to protect the habitat, the City may
require larger buffers where it is necessary to protect
habitat functions based on site-specific characteristics.
(e) Class I Fish and Wildlife Conservation Areas.
All development as described within this chapter or
within two hundred (200) feet of designated Class I
wildlife conservation areas shall adhere to the following
standards:
(1) All sites with known locations of Class I
fish and wildlife conservation areas or sites within two
hundred (200) feet, or the applicable distance identified
by Washington Department of Fish and Wildlife man-
agement recommendations, whichever is greater, to
known locations of Class I fish and wildlife conserva-
tion areas will require, for all development permits, the
submittal and approval of a habitat management plan
(HMP) as specified in BMC 20.14.750. The require-
ment for an HMP shall be determined during the
SEPA/critical areas review on the project.
(2) All new development within two hundred
(200) feet of habitat elements with which Class I fish
and wildlife have a critical habitat, or the applicable dis-
tance identified by Washington Department of Fish and
Wildlife management recommendations, whichever is
greater, may require the submittal of an HMP as speci-
(Revised 9/21)20.14-38
20.14.730
fied in BMC 20.14.750. The requirement for an HMP
shall be determined during the SEPA/critical areas
review on the project.
(f) Class II Fish and Wildlife Conservation Area.
All new development within Class II fish and wildlife
conservation areas may require the submittal of an
HMP. An HMP shall consider measures to retain and
protect the wildlife habitat and shall consider effects of
land use intensity, buffers, setbacks, impervious sur-
faces, erosion control and retention of native vegetation.
The requirement for an HMP shall be determined during
the SEPA/critical areas review on the project.
(g) Stream Crossings. Any private or public road
expansion or new construction which is allowed and
must cross streams classified within this chapter shall
comply with the following minimum development stan-
dards:
(1) Bridges or bottomless culverts shall be
required for all fish-bearing streams. Other alternatives
may be allowed upon submittal of a habitat management
plan which demonstrates that other alternatives would
not result in significant impacts to the fish and wildlife
conservation area, as determined appropriate through
the Washington State Department of Fish and Wildlife,
hydraulics project approval process. The plan must
demonstrate that salmon habitat will be replaced on a
one to one (1:1) ratio;
(2) Crossings shall not occur in salmonid
spawning areas unless no other feasible crossing site
exists. For new development proposals, if existing
crossings are determined to adversely impact salmon
spawning or passage areas, new or upgraded crossings
shall be located as determined necessary through coor-
dination with the Washington State Department of Fish
and Wildlife;
(3) Bridge piers or abutments shall not be
placed in either the floodway or between the ordinary
high water marks unless no other feasible alternative
placement exists;
(4) Crossings shall not diminish flood carry-
ing capacity;
(5) Crossings shall serve multiple properties
whenever possible; and
(6) Where there is no reasonable alternative to
providing a conventional culvert, the culvert shall be the
minimum length necessary to accommodate the permit-
ted activity (guidance for these projects can be found in
the Washington Department of Fish and Wildlife "Fish
Passage Design at Road Culverts" design manual 1999,
and the National Marine Fisheries Service "Guidelines
for Salmonid Passage at Stream Crossings" 2000).
(h) Stream Relocations. Stream relocations for the
purpose of flood protection and/or fisheries restoration
shall only be permitted when adhering to the following
minimum performance standards and when consistent
with Washington State Department of Fish and Wildlife
hydraulic project approval:
(1) The channel, bank and buffer areas should
be replanted with native vegetation in undisturbed ripar-
ian condition;
(2) For those shorelands and waters desig-
nated as frequently flooded areas, a professional engi-
neer licensed in the State of Washington shall provide
information demonstrating that the equivalent base
flood storage volume and function will be maintained;
and
(3) Relocated stream channels shall be
designed to meet or exceed the functions and values of
the stream to be relocated.
(i) Pesticides, Fertilizers and Herbicides. No pes-
ticides, herbicides or fertilizers may be used in fish and
wildlife conservation areas or their buffers, except those
approved by the EPA and approved under a DOE water
quality modification permit for use in fish and wildlife
habitat conservation area environments. Where
approved, herbicides must be applied by a licensed
applicator in accordance with the safe application prac-
tices on the label.
(j) Land Divisions and Land User Permits. All
proposed divisions of land and land uses (subdivisions,
short subdivisions, residential cluster developments,
conditional use permits, site plan reviews, and binding
site plans) which include fish and wildlife habitat con-
servation areas shall comply with the following proce-
dures and development standards:
(1) The open water area of lakes, streams, and
tidal lands shall not be permitted for use in calculating
minimum lot area;
(2) Land division approvals shall be condi-
tioned so that all required buffers are dedicated as open
space tracts or an easement or covenant encumbering
20.14.730 Table 2: Wildlife Habitat Conservation
Areas
Class I All developments within 200 ft. or appli-
cable distance by WDFW management
recommendations of a designated Class I
wildlife habitat conservation area shall
have buffer widths determined by a man-
datory habitat management plan.
Class
II
All development within a Class II wildlife
habitat conservation area shall have the
buffer widths be determined by the
SEPA/critical area review on the project
and may require a habitat management
plan.
20.14-39 (Revised 9/21)
Bremerton Municipal Code 20.14.730
the buffer. Such dedication, easement or covenant shall
be recorded together with the land division and repre-
sented on the final plat, short plat or binding site plan;
(3) In order to avoid the creation of noncon-
forming lots, each new lot shall contain at least one (1)
building site that meets the requirements of this chapter,
including buffer requirements for habitat conservation
areas. This site must also have access and a sewage dis-
posal system location that are suitable for development
and does not adversely impact the fish and wildlife con-
servation area;
(4) After preliminary approval and prior to
final land division approval, the Department may
require the common boundary between a required buffer
and the adjacent lands be identified using permanent
signs. In lieu of signs, alternative methods of buffer
identification may be approved when such methods are
determined by the Department to provide adequate pro-
tection to the aquatic buffer.
(k) Trails and Trail-Related Facilities. Construc-
tion of public and private trails and trail-related facili-
ties, such as benches, interpretive centers, and viewing
platforms, may be allowed in fish and wildlife habitat
conservation areas or their buffers pursuant to the fol-
lowing standards:
(1) Trails and related facilities shall, to the
extent feasible, be placed on existing road grades, utility
corridors, or other such previously disturbed areas;
(2) Trails and related facilities shall be
planned to minimize removal of trees, shrubs, snags and
important wildlife habitat;
(3) Viewing platforms, interpretive centers,
benches and access to them shall be designed and
located to minimize disturbance of wildlife habitat
and/or critical characteristics of the affected conserva-
tion area;
(4) Trails, in general, shall be set back from
streams so that there will be no or minimal impact to the
stream from trail use or maintenance. Trails shall be
constructed with pervious surfaces when feasible;
(5) Trails shall be generally limited to pedes-
trian use unless other more intensive uses, such as bike
or horse trails, have been specifically allowed and miti-
gation has been provided. Trail width shall not exceed
five (5) feet unless there is demonstrated need, subject
to review and approval by the Department. Trails shall
be constructed with pervious materials unless otherwise
approved by the Department;
(6) Trails shall not be allowed to fully enclose
a habitat area or buffer; and
(7) The Department may require closure of
trails during critical spawning, migration or breeding
time periods of the species present.
(l) Utilities. Placement of utilities within desig-
nated fish and wildlife habitat conservation areas may
be allowed pursuant to the following standards and that
the applicant obtains all other required state and federal
approvals for any work in-water or in wetlands:
(1) Utilities maintenance activities involving
no material change in size or function shall be allowed
within designated fish and wildlife habitat conservation
areas, subject to best management practices;
(2) Construction of utilities may be permitted
in fish and wildlife habitat conservation areas or their
buffers, only when no feasible or reasonable alternative
location is available and the utility corridor meets the
requirements for installation, replacement of vegetation
and maintenance outlined below, and as required in the
filing and approval of an HMP which may be required
by this chapter;
(3) Construction of sewer lines or on-site sew-
age systems may be permitted in fish and wildlife habi-
tat conservation areas or their buffers when the applicant
demonstrates it is necessary to meet state and/or local
health code requirements, there are no other feasible
alternatives available, and construction meets the
requirements of this section. Joint use of the sewer util-
ity corridor by other utilities may be allowed;
(4) New utility corridors shall not be allowed
in fish and wildlife habitat conservation areas with
known locations of federal or state-listed endangered,
threatened or sensitive species, heron rookeries or nest-
ing sites of raptors which are listed as state candidate
except in those circumstances where an approved HMP
indicates that the utility corridor will not significantly
impact the conservation area;
(5) New utility corridor construction and
maintenance shall protect the environment of fish and
wildlife habitat conservation areas and their buffers by
the following:
(i) New utility facilities, improvements,
or upgrades to existing utility facilities should take place
within existing improved rights-of-way or existing
impervious surfaces so that they do not increase the
amount of impervious surfaces within the habitat area;
(ii) New utility corridors shall be aligned
when possible to avoid cutting or root damage to trees
greater than twelve (12) inches in diameter at breast
height (four and one-half (4-1/2) feet) measured on the
uphill side;
(iii) New utility corridors shall be revege-
tated with appropriate native or equivalent vegetation at
not less than preconstruction vegetation densities or
greater, immediately upon completion of construction
or as soon thereafter as possible due to seasonal growing
constraints. The utility shall ensure that such vegetation
survives;
(Revised 9/21)20.14-40
20.14.740
(iv) Any additional corridor access for
maintenance shall be provided wherever possible at spe-
cific points rather than by parallel roads. If parallel roads
are necessary, they shall be of a minimum width but no
greater than fifteen (15) feet and shall be contiguous to
the location of the utility corridor on the side away from
the conservation area;
(6) Utility corridor maintenance shall include
the following measures to protect the environment of
regulated fish and wildlife habitat conservation areas:
(i) Utility towers should be painted with
brush, pad or roller and should not be sandblasted or
spray-painted, nor should lead-based paints be used;
(ii) Pesticides, Fertilizers and Herbicides.
No pesticides or fertilizers may be used in fish and wild-
life conservation areas or their buffers, except those her-
bicides approved by a licensed applicator in accordance
with the safe application practices on the label.
(m) Bank Stabilization. A stream channel and bank
may be stabilized when naturally occurring earth move-
ment threatens existing structures (defined as requiring
a building permit pursuant to the applicable building
code), public improvements, unique natural resources,
public health, safety or welfare, or the only feasible
access to property, and, in the case of streams and
marine shorelines, when such stabilization results in
maintenance of fish and wildlife habitat, flood control
and improved water quality. Where bank stabilization is
determined to be necessary, bioengineering or other
nonstructural methods should be the first option for pro-
tection. Bulkheads and retaining walls may only be uti-
lized as an engineering solution where it can be
demonstrated that an existing residential structure can-
not be safely maintained or set back without such mea-
sures, and that the resulting retaining wall is the
minimum length necessary to provide a stable building
area for the structure. A variance pursuant to BMC
20.58.030 must be obtained in all other cases. The
Department may require that bank stabilization be
designed by a professional engineer and geologist
licensed in the State of Washington with demonstrated
expertise in hydraulic actions of shorelines. Bank stabi-
lization projects may also require a City grading permit
and hydraulic project approval from the Washington
Department of Fish and Wildlife. Nonstructural marine
shoreline and stream bank protective techniques are pre-
ferred to bulkheads or other types of marine shoreline
and stream bank armoring. Nonstructural techniques
include but are not limited to vegetation plantings and
bioengineering. Guidance for these projects can be
found in the Washington Department of Fish and Wild-
life’s "Integrated Streambank Protection Guidelines
Manual" for determining when, why, where, and what
projects need to be completed to protect an eroding
bank.
(n) Fencing and Signs. Prior to approval or issu-
ance of permits for land divisions and new development,
the Department may require the common boundary
between a required buffer and the adjacent lands be
identified using fencing or permanent signs. In lieu of
fencing or signs, alternative methods of buffer identifi-
cation may be approved when such methods are deter-
mined by the Department to provide adequate protection
to the buffer.
(o) Road/Street Repair and Construction. Any pri-
vate or public road or street expansion or construction
which is allowed in a fish and wildlife habitat conserva-
tion area or its buffer shall comply with the following
minimum development standards:
(1) No other reasonable or feasible alternative
exists and the road or street crossing serves multiple
properties whenever possible;
(2) Expansion or construction of any private
or public road shall only be allowed when adverse
impacts cannot be avoided;
(3) Public and private roads should provide
for other purposes, such as utility crossings, pedestrian
or bicycle easements, viewing points, etc.;
(4) The road or street construction is the min-
imum necessary, as required by the Department of Pub-
lic Works, and shall comply with the Department of
Public Works and Utilities’ standards; and
(5) Construction time limits shall be deter-
mined in consultation with the Washington Department
of Fish and Wildlife in order to ensure habitat protec-
tion.
(p) Other Allowed Uses in Fish and Wildlife Con-
servation Areas. Other activities may be allowed using
the standard for a Category II wetland buffer as identi-
fied by BMC 20.14.330(e). (Ord. 5418 §8, 2021; Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.740 SPECIAL REPORTS.
Habitat Management Plan Requirements.
(a) General. If the City determines that impacts to
habitats may occur as a result of a development project,
a habitat management plan (HMP) shall be required.
The applicant may choose to complete an HMP for a
site-specific analysis to better determine the impact to
habitat and to determine the appropriate buffer width
and associated building setbacks for their project based
on the site-specific analysis. The preparation and sub-
mission of this report is the responsibility of the appli-
cant. The report shall rely on best available science as
defined in WAC 365-195-900 through 365-195-925 and
shall be prepared by a qualified professional who is a
biologist with five (5) years of experience preparing
reports for the relevant type of habitat. The City may
retain a qualified consultant at the applicant’s expense to
20.14-41 (Revised 9/21)
Bremerton Municipal Code 20.14.740
review and confirm the applicant’s reports, studies and
plans. The HMP shall clearly demonstrate that greater
protection of the functions and values of critical areas
can be achieved through the HMP than could be
achieved through providing the prescribed habitat buf-
fers and building setbacks. An applicant may propose to
implement an HMP as a means to protect habitat buffers
associated with streams and/or fish and wildlife conser-
vation areas. Approval for an HMP shall not occur prior
to the consultation with the appropriate federal or state
agencies.
(b) Intent. HMPs are primarily intended as a
means to restore or improve buffers that have been
degraded by past activity, and should preserve, and not
reduce, existing high-quality habitat buffers. While not
primarily intended as a means to reduce buffers, the
HMP may propose a reduction of the habitat buffer
width where it is shown that the HMP will comply with
the other requirements of this section.
(c) Effect of Buffers. An HMP shall provide habi-
tat functions and values that are greater than would be
provided by the prescribed habitat buffers. When habitat
buffers are a component of an HMP, they shall be at
least the minimum size necessary to accomplish the
objectives of the HMP. The HMP may propose, but the
City shall not require, a habitat buffer containing a
greater area than is required by the prescribed habitat
buffer. In a case-by-case basis, the Director may
approve a departure from the prescribed habitat buffers
if two (2) state or federal resource agencies or tribes sup-
port a departure from these critical area regulations that
can demonstrate equal or greater protection of the criti-
cal areas.
(d) Impact Mitigation. The HMP shall encompass
an area large enough to provide mitigation for buffer
reduction below the standard required buffers, and shall
identify how the development impacts resulting from
the proposed project will be mitigated as defined in
BMC 20.14.750. The developer of the plan shall use the
best available science in all facets of the analyses.
(e) The assessment of habitats for the site and proj-
ect shall at a minimum include the following informa-
tion:
(1) A map prepared at an easily readable
scale, showing:
(i) The location of the proposed develop-
ment site;
(ii) Property boundaries;
(iii) The relationship of the site to sur-
rounding topographic, water, and cultural features;
(iv) Proposed building locations and
arrangements;
(v) A legend which includes a complete
legal description, acreage of the parcel, scale, north
arrow, and date of map revision;
(2) Detailed description of vegetation on and
adjacent to the project area and its associated buffer;
(3) Identification of any species of local
importance, priority species, or endangered, threatened,
sensitive, or candidate species that have a primary asso-
ciation with habitat on or adjacent to the project area,
and assessment of potential project impacts to the use of
the site by the species;
(4) A discussion of any federal, state, or local
special management recommendations, including
Washington Department of Fish and Wildlife habitat
management recommendations, that have been devel-
oped for species or habitats located on or adjacent to the
project area;
(5) A detailed discussion of the direct and
indirect potential impacts on habitat by the project,
including potential impacts to water quality;
(6) Enhancement of existing degraded buffer
area and replanting of the disturbed buffer area with
native vegetation;
(7) The use of alternative on-site wastewater
systems in order to minimize site clearing;
(8) Retention of existing native vegetation on
other portions of the site in order to offset habitat loss
from buffer reduction;
(9) The need for fencing and signage along
the buffer edge;
(10)A discussion of measures, including
avoidance, minimization, and mitigation, proposed to
preserve existing habitats and restore any habitat that
was degraded prior to the current proposed land use
activity and to be conducted in accordance with the mit-
igation sequencing required by this chapter; and
(11)A discussion of ongoing management
practices that will protect habitat after the project site
has been developed, including proposed monitoring,
maintenance, and enforcement programs.
(f) When appropriate due to the type of habitat or
species present or the project conditions, the Director
may also require the habitat management plan to
include:
(1) An evaluation by an independent qualified
professional regarding the applicant’s analysis and the
effectiveness of any proposed mitigating measures or
programs, to include any recommendations as appropri-
ate;
(2) A request for consultation with the Wash-
ington Department of Fish and Wildlife or the local
Native American Indian tribe or other appropriate
agency; and
(3) Detailed surface and subsurface hydro-
logic features both on and adjacent to the site, including
a field determination of the ordinary high water mark or
any surface waters and supporting documentation.
(Revised 9/21)20.14-42
20.14.750
(g) Mitigation Measures. Possible mitigation mea-
sures to be included in the report, or required by the
Director, could include, but are not limited to:
(1) Establishment of buffer zones;
(2) Preservation of critically important plants
and trees;
(3) Limitation of access to habitat areas;
(4) Seasonal restriction of construction activi-
ties;
(5) Establishing phased development require-
ments; and
(6) Monitoring plan for a period necessary to
establish that performance standards have been met.
Generally this will be for a period of five (5) years.
(h) HMP Adequacy. The HMP shall demonstrate
to the satisfaction of the City that the habitat functions
and values are improved by implementation of the
HMP. If there is a disagreement between the City and
the applicant as to the adequacy of the HMP, the issue
of plan adequacy shall be resolved by consulting with
the appropriate federal or state agency. If the federal or
state agencies are not available in a timely manner, the
applicant may choose to have the City refer the HMPs to
a third-party consultant at the expense of the applicant.
After consultation with such state departments or third-
party consultant, the Director shall make a final decision
on the adequacy of the HMP.
(i) Single-Family Minor Development Exemp-
tion. At direction of the Director, single-family redevel-
opments amounting to one (1) instance of less than five
hundred (500) square feet in expansion may be exempt
from requirements listed above, so long as an equal
amount of native planting areas waterward of the struc-
ture are established, consistent with the requirements of
BMC 20.14.730(d)(1).
(j) Timing. An HMP must be developed and
approved either prior to preliminary plat approval or
issuance of the building permit, as applicable, and must
be implemented before the City grants either final plat
approval or an occupancy permit, as applicable. (Ord.
5418 §9, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.750 MITIGATION STANDARDS AND
CRITERIA.
(a) The applicant shall avoid all impacts that
degrade the functions and values of a critical area or
areas. Unless otherwise provided in this title, if alter-
ation to the critical area is unavoidable, all adverse
impacts to or from critical areas and buffers resulting
from a development proposal or alteration shall be mit-
igated using the best available science in accordance
with an approved habitat management plan and SEPA
documents, so as to result in no net loss of critical area
functions and values.
(b) Mitigation shall be in kind and on site, when
possible, and sufficient to maintain the functions and
values of the critical area, and to prevent risk from a haz-
ard posed by a critical area.
(c) Mitigation shall not be implemented until after
the City’s approval of an HMP that includes a mitigation
plan, and mitigation shall be in accordance with the pro-
visions of the approved HMP.
(d) Mitigation Sequencing. Applicants shall
demonstrate that all reasonable efforts have been exam-
ined with the intent to avoid and minimize impacts to
critical areas. When an alteration to a critical area is pro-
posed, such alteration shall be avoided, minimized, or
compensated for in the following sequential order of
preference:
(1) Avoiding the impact altogether by not tak-
ing a certain action or parts of an action;
(2) Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology, or by taking affir-
mative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
(3) Rectifying the impact to habitat conserva-
tion areas by repairing, rehabilitating, or restoring the
affected environment to the historical conditions or the
conditions existing at the time of the initiation of the
project;
(4) Reducing or eliminating the impact or
hazard over time by preservation and maintenance oper-
ations during the life of the action;
(5) Compensating for the impact to habitat
conservation areas by replacing, enhancing, or provid-
ing substitute resources or environments; and
(6) Monitoring the hazard or other required
mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a
combination of the above measures.
(e) Mitigation Plan Requirements. When mitiga-
tion is required, the applicant shall submit for approval
by the City a mitigation plan as part of the HMP. The
mitigation plan shall include:
(1) Environmental Goals and Objectives. The
mitigation plan shall include a written report identifying
environmental goals and objectives of the compensation
proposed and including:
(i) A description of the anticipated
impacts to the critical areas and the mitigating actions
proposed and the purposes of the compensation mea-
sures, including the site selection criteria, identification
of compensation goals, identification of resource func-
tions, and dates for beginning and completion of site
compensation construction activities. The goals and
objectives shall be related to the functions and values of
the impacted critical area;
20.14-43 (Revised 9/21)
Bremerton Municipal Code 20.14.760
(ii) A review of the best available science
supporting the proposed mitigation and a description of
the report author’s experience to date in restoring or cre-
ating the type of critical area proposed; and
(iii) An analysis of the likelihood of suc-
cess of the compensation project.
(2) Performance Standards. The mitigation
plan shall include measurable specific criteria for evalu-
ating whether or not the goals and objectives of the mit-
igation project have been successfully attained and
whether or not the requirements of this title have been
met.
(3) Detailed Construction Plans. The mitiga-
tion plan shall include written specifications and
descriptions of the mitigation proposed, such as:
(i) The proposed construction sequence,
timing, and duration;
(ii) Grading and excavation details;
(iii) Erosion and sediment control fea-
tures;
(iv) A planting plan specifying plant spe-
cies, quantities, locations, size, spacing, and density;
and
(v) Measures to protect and maintain
plants until established.
These written specifications shall be accompanied
by detailed site diagrams, scaled cross-sectional draw-
ings, topographic maps showing slope percentage and
final grade elevations, and any other drawings appropri-
ate to show construction techniques or anticipated final
outcome.
(4) Monitoring Program. The mitigation plan
shall include a program for monitoring construction of
the compensation project and for assessing a completed
project (BMC 20.14.760, Monitoring and Contingency
Plan). A protocol shall be included outlining the sched-
ule for site monitoring (for example, monitoring shall
occur in years one (1), three (3), and five (5) after site
construction), and how the monitoring data will be eval-
uated to determine if the performance standards are
being met. A monitoring report shall be submitted as
needed to document milestones, successes, problems,
and contingency actions of the compensation project.
The compensation project shall be monitored for a
period necessary to establish that performance standards
have been met, but not for a period less than five (5)
years.
(5) Contingency Plan. The mitigation plan
shall include identification of potential courses of
action, and any corrective measures to be taken if mon-
itoring or evaluation indicates project performance stan-
dards are not being met (BMC 20.14.760).
(6) Financial Guarantees. The mitigation plan
shall include financial guarantees, if necessary, to
ensure that the mitigation plan is fully implemented.
Financial guarantees ensuring fulfillment of the com-
pensation project, monitoring program, and any contin-
gency measures shall be posted in accordance with
bonds to ensure mitigation, maintenance, and monitor-
ing (BMC 20.14.760).
(f) Innovative Mitigation.
(1) The City may encourage, facilitate, and
approve innovative mitigation projects that are based on
the best available science. Advance mitigation or miti-
gation banking are examples of alternative mitigation
projects allowed under the provisions of this section
wherein one (1) or more applicants, or an organization
with demonstrated capability, may undertake a mitiga-
tion project together if it is demonstrated that all of the
following circumstances exist:
(i) Creation or enhancement of a larger
system of critical areas and open space is preferable to
the preservation of many individual habitat areas;
(ii) The group demonstrates the organiza-
tional and fiscal capability to act cooperatively;
(iii) The group demonstrates that long-
term management of the habitat area will be provided;
and
(iv) There is a clear potential for success
of the proposed mitigation at the identified mitigation
site. (Ord. 5418 §10, 2021; Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.760 MONITORING AND
CONTINGENCY PLAN.
(a) A monitoring program shall be included as a
part of the approved mitigation plan for a fish and wild-
life habitat conservation area. To ensure that the perfor-
mance standards of the approved mitigation plan have
been met, the mitigation and/or buffer enhancement
site(s) shall be monitored for a minimum of five (5)
years. A longer monitoring period may be required by
the City based on either the initial mitigation plan or a
review of subsequent monitoring reports. The monitor-
ing reports shall be submitted on August 1st of each year
during the monitoring period. The Director may waive
either a performance and/or maintenance bond for sin-
gle-family residential projects on a case-by-case basis.
An acceptable surety device is required to ensure
the applicant’s compliance with the terms of the mitiga-
tion agreement.
(1) Performance Surety. All mitigation and
buffer enhancement shall be completed prior to final
plat approval and/or building occupancy depending on
the type of application. However, when improvements
cannot be completed prior to final acceptance due to
weather conditions which may negatively affect the suc-
cess of the project, a performance surety may be used.
(Revised 9/21)20.14-44
20.14.760
The performance surety shall equal one hundred fifty
(150) percent of the cost of the mitigation project, and
the required improvements shall be installed in a satis-
factory manner within six (6) months or less.
(2) Maintenance Surety. A maintenance
surety shall be required on all mitigation projects to
ensure that the improvement successfully survives the
monitoring periods set above.
(i) Mitigation Projects. The amount of
the maintenance surety shall be equal to fifteen (15) per-
cent of the cost of the mitigation project and the term of
the surety shall reflect the term of the monitoring pro-
gram.
(ii) Buffer Enhancement Projects. The
amount of the maintenance surety shall be equal to fif-
teen (15) percent of the costs of the enhancement project
and the term of the surety shall reflect the term of the
monitoring program.
(3) Monitoring Deposit. A cash deposit shall
be submitted with all sureties prior to final acceptance of
the project to cover the estimated City costs to review
the yearly monitoring reports and conduct a site inspec-
tion to ensure the performance standards are being met.
(b) Long-Term Maintenance. To ensure the long-
term success of the fish and wildlife habitat conserva-
tion area, the applicant or their heirs or successors shall
be responsible for the long-term maintenance of the hab-
itat area and its associated buffer. The habitat and buffer
shall be kept clear of weeds, invasive plant material,
lawn clippings, junk, debris, intrusions or the like. (Ord.
5418 §11, 2021; Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4965 §7 (part), 2006)
20.44-3 (Revised 9/21)
Bremerton Municipal Code 20.44.120
(3) The minimum lot width and depth of the
"flag" shall be the same as the underlying zone.
(b) Flag lot dimensions shall be measured from the
midpoint between two (2) opposite lot lines of the "flag"
body of the lot.
(c) The yard setbacks shall be the same as under-
lying zone setbacks, except the front yard setback area
shall be applied per Figure 20.44(a).
(d) In those cases where subsection (c) of this sec-
tion cannot be applied, the property line that most
closely parallels the street from which the lot gains its
access shall be deemed the front lot line and front yard
setbacks shall be measured from that line.
(e) The accessway or driveway shall be under the
same ownership as the body of the flag lot. An easement
shall not be used as a method of providing access to the
body of the flag lot.
(f) The panhandle shall provide access to a paved
and dedicated public right-of-way or a private street.
Flag lots shall not be created in order to avoid providing
turnarounds per City engineering street standards. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.44.110 LIGHTING REGULATIONS.
The following requirements shall apply concerning
exterior lighting:
(a) Light sources, both direct and nondirect, shall
be selected and placed so that glare produced by any
light source does not extend beyond the property lines,
except onto adjacent sidewalks.
(b) A photometric plan shall be submitted for all
nonresidential development and multiple-family devel-
opments to confirm compliance with light requirements.
The plan shall include the following items:
(1) Location of all lighting fixtures;
(2) Manufacturer’s model identification of
each lighting fixture;
(3) Manufacturer’s performance specifica-
tions of each fixture; and
(4) Photometric plan of the installed fixtures
which demonstrates that all illumination is confined
within the boundaries of the site. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.44.120 DRIVE-THROUGH FACILITIES.
(a) Intent. The standards of this section regulate
the installation of drive-through facilities to ensure their
design, operation, and associated impacts can effec-
tively be mitigated. The purpose of this section is to per-
mit drive-through facilities only when they:
(1) Provide safe and efficient and on-site
vehicular and pedestrian circulation;
(2) Minimize conflicts between queued vehi-
cles and traffic on adjacent streets and sidewalks; and
(3) Reduce impacts on abutting uses, such as
noise, visual, and light, particularly to residential uses.
(b) Applicability. Drive-through facility standards
within this section apply to the construction of new or
modified drive-through facilities. Drive-through facili-
ties are only allowed when found in association with a
permitted use in commercial, mixed-use, or industrial
zones, unless drive-through facilities are expressly pro-
hibited in the zoning districts regardless of the principal
use.
(c) Procedure. All new or altered drive-through
facilities shall be processed per the underlying permit
type per Chapter 20.02 BMC. Approval of a drive-
through facility may be granted through either:
(1) An administrative Type I Director’s deci-
sion or concurrently with another permit as regulated by
Chapter 20.02 BMC, when the proposed facility meets
all criteria established per subsection (e) of this section;
or
(2) A Type III conditional use permit per
BMC 20.58.020 is required when a proposal seeks alter-
natives to any of the criteria established per subsection
(e) of this section. The Hearing Examiner may approve
alternatives to criteria presented in this section when the
following are met:
(i) Any proposal to modify drive-
through facility standards shall not undermine the intent
of this section or that of the underlying zone.
(ii) Proposals seeking a drive aisle
between a primary frontage and the building shall
demonstrate that all other site designs have been
exhausted and found unworkable.
(iii) The applicant shall demonstrate how
the proposed alternative fully screens neighboring prop-
erties, that the total amount of landscaping exceeds the
total amount of that created by adherence to standard
landscaping and buffer requirements.
(iv) A public amenity shall be provided.
Examples of public amenities include: outdoor eating
area, outdoor artwork, street furniture, plantings in win-
dow boxes, public trash receptacles, or other alternative
public amenity approved by the Hearings Examiner.
Any proposed amenity shall be architecturally compati-
ble with the principal structure and shall be maintained
for the life of the project.
(v) Conditions such as site orientation,
fencing, buffering, parking location, lighting, access,
hours of operation, and others may be imposed as a con-
dition of approval if it is found they are necessary to mit-
igate identifiable adverse impacts and ensure
compatibility with nearby uses.
(d) Submittals. Applications shall include the fol-
lowing components; the Director may modify these
(Revised 9/21)20.44-4
20.44.120
requirements based on the size, scope and complexity of
the project:
(1) Vicinity Map. Showing the subject prop-
erty in relation to all other properties and major struc-
tures within a two hundred fifty (250) foot radius of the
property;
(2) Site Plan.
(i) All property lines, easements, fences,
walls, signs, and other points of reference.
(ii) Existing and proposed structures,
pedestrian walkways, bikeways, parks, playgrounds,
recreational areas, and other areas and facilities of a
public or recreational nature.
(iii) Existing and proposed utility systems,
drainage structures, fire hydrants, and other infrastruc-
ture improvements.
(iv) An environmental summary, includ-
ing such features as shorelines, bulkheads, creeks, cul-
verts, wetlands, steep slopes, and other "sensitive
areas," etc.;
(3) Landscape Plan. A plan conforming to
Chapter 20.50 BMC and other landscape requirements
of this section. This information may be shown on the
site plan or may be provided in a separate plan;
(4) Parking Plan. A plan conforming to Chap-
ter 20.48 BMC and other requirements of this section.
This information may be shown on the site plan or may
be provided in a separate plan;
(5) Applications may require a traffic impact
assessment prepared by a qualified professional for the
drive-through facility installation. Reports shall demon-
strate that stacked vehicles do not impede vehicular or
pedestrian traffic on abutting right-of-way, or interfere
with the circulation of pedestrians, traffic maneuvering,
or other parking space area(s) located on site.
(e) Site Design Requirements. All drive-through
facilities shall comply with the following requirements:
(1) Location. All efforts should be taken to
locate the drive-through facility towards the side and/or
rear of buildings. Drive-through facilities shall not be
located between the building and the street frontage
except when a site contains more than one (1) street
frontage the drive-through facility may be located
between the building and secondary frontage. Screening
of secondary street frontages shall be a minimum of five
(5) feet wide and at least four (4) feet in height.
(2) Stacking. All drive-through facility stack-
ing lanes shall meet the following criteria:
(i) Stacking lanes shall be a minimum of
eighty (80) feet behind the ordering board/window,
where the order is requested, except for facilities where
vehicles do not routinely stack up while waiting for the
services, such as ATM-only locations. For restau-
rant/food/drink uses the stacking lane shall provide
room for a minimum of one hundred twenty (120) feet.
(ii) After permitting and during opera-
tion, if the drive-through facilities have negative traffic
impacts on adjacent roads and/or businesses, the City
may require additional traffic controls at the businesses’
expense to alleviate the negative impacts. This could
include temporary or permanent solutions.
(3) Design. The drive-through lane(s) shall be
designed as a dedicated lane, physically separated from
parking areas and internal parking circulation aisles in
order to enhance pedestrian safety and provide screen-
ing from adjacent properties and right-of-way. A combi-
nation of two (2) of the following shall be provided
adjacent to the drive-through lane(s):
(i) Landscaped strips, islands, or berms
that are a minimum of three (3) feet wide and fifty (50)
square feet in size are required in addition to all other
required landscaping areas. Said landscaped areas shall
include a mix of ground covers and shrubs that act as a
barrier between the drive-through lane and adjacent
properties, right-of-way, and parking area;
(ii) Hedges, decorative walls, fencing, or
trellises that act as a visual barrier between the drive-
through lane(s) and adjacent properties, right-of-way
and parking areas;
(iii) Decorative pavement, alternative
materials (bricks, stamped concrete), or other durable
ground treatment that clearly separates the drive-
through lane(s) from other driving and parking areas on
site that will withstand heavy traffic conditions found in
association with drive-through lanes. Paint striping does
not meet this requirement;
(iv) When drive-through facilities are
open and other pedestrian-oriented customer entrances
to the businesses are unavailable, they must serve cus-
tomers using other modes rather than vehicular. This
may be accomplished by online ordering, pickup areas
or similar. Such pickup areas shall be illustrated on the
submitted site plan.
(4) Signage.
(i) Each ordering location shall have a
maximum of one (1) menu board. One (1) additional
menu board may be placed adjacent to the stacking lane
for patrons waiting behind the ordering station. Each
menu board sign shall not exceed thirty (30) square feet
and have a maximum height of seven (7) feet.
(ii) Menu boards shall be located in a
landscaped strip or island no smaller than three (3) feet
wide and fifty (50) square feet in total size. This land-
scaping area shall be in addition to all other required
landscaping. The menu board(s) shall be oriented away
from public streets and be intended for viewing by
20.44-4.1 (Revised 9/21)
Bremerton Municipal Code 20.44.120
drive-through patrons only. Screening of the menu
board may be required when the board is located adja-
cent to the right-of-way or neighboring properties.
Screening shall ensure the board is not readable from the
surrounding properties or street.
(5) Pedestrian Features. In order to enhance
safe pedestrian access, designated walkways from all
on-site parking areas and from the public sidewalk to a
building entry shall be provided as follows:
(i) Walkways shall be a minimum five
(5) feet in width, clearly marked and easily distin-
guished from driving surfaces by using a combination of
landscaping strips or islands that delineate the pedes-
trian walkways; and
(ii) Walkways shall include at least one
(1) of the following treatments: decorative paving,
stamped/stained concrete or raised walkways with alter-
native materials (such as brick, cobblestone, and deco-
rative pavers) to clearly indicate the safe walking route.
Walkways through heavy traffic areas such as the drive-
through must be made of durable materials able to with-
stand heavy traffic conditions. (Ord. 5429 §3, 2021;
Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §4, 2013:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.46-3 (Revised 9/21)
Bremerton Municipal Code 20.46.030
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones or any property
containing a public facility above a height of six (6) feet;
provided, that adjoining a residential zone, devices may
be allowed by approval of a Type II conditional use per-
mit pursuant to BMC 20.58.020 only if the following
criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry. (Ord. 5326 §5, 2017: Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5008 §5, 2007: Ord. 4950 §8
(Exh. A) (part), 2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
(i) The garage shall not be used in the business
unless the required off-street and customer parking can
be adequately accommodated elsewhere on the site.
(j) An independent taxi driver may operate as a
home occupation; provided, that the business has only
one (1) single driver and one (1) taxi vehicle.
(k) Automotive painting, body, and engine repair,
small engine repair services and any activity likely to
produce excessive noise are prohibited as home occupa-
tions.
(l) The home occupation business must acquire
and maintain a general business license issued under
Chapter 5.02 BMC.
(m) Persons engaged in legal home occupations on
the effective date of the ordinance codified in this chap-
ter shall be considered legal, provided the operation is
consistent with all of the above-listed performance stan-
dards. Any home occupation which was legally estab-
lished but does not currently conform to all those
standards may not expand or enlarge and shall terminate
that use upon:
(1) Change of use or ownership of the prop-
erty; or
(2) Written complaint of adjacent or nearby
property owners after due notice and hearing is provided
and if the Director determines that the home occupation
is interfering with the use and enjoyment of the neigh-
boring premises and is not compatible with the residen-
tial environment in which it is located. (Ord. 5421 §10,
2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8
(Exh. A) (part), 2005)
(Revised 9/21)20.46-4
20.46.040
20.46.040 MANUFACTURED HOMES.
(a) Manufactured homes are permitted on one (1)
individual parcel, lot, or tract in residential zones; pro-
vided, that the home is:
(1) Approved by the Washington State
Department of Labor and Industries or the U.S. Depart-
ment of Housing and Urban Development, and the
appropriate certification insignia is affixed to the unit, in
accordance with the provisions of Chapter 43.22 RCW;
(2) Comprised of at least two (2) fully
enclosed parallel sections each of not less than nine-and-
a-half (9.5) feet wide by thirty-six (36) feet long;
(3) Set upon a permanent foundation, as spec-
ified by the manufacturer, and that the space from the
bottom of the home to the ground be enclosed by con-
crete or an approved concrete product which can be
either load-bearing or decorative;
(4) Compliant with all local design standards
applicable to all other homes within the neighborhood in
which the manufactured home is to be located;
(5) Thermally equivalent to the State Energy
Code;
(6) Originally constructed with and now has a
composition or wood shake or shingle, coated metal, or
similar roof of nominal three to twelve (3:12) pitch or
greater;
(7) Sided with exterior siding similar in
appearance to materials commonly used on conven-
tional site-built International Building Code single-fam-
ily residences; and
(8) A new manufactured home as defined in
RCW 35.63.160(2).
(b) A manufactured home which was legally
placed and maintained prior to the date of adoption of
this chapter, and does not meet the requirements of this
chapter, shall be deemed to be a nonconforming struc-
ture. If a legal nonconforming manufactured home is
partially or wholly destroyed, replaced, or altered, it
shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect
the installation of manufactured homes prior to occu-
pancy and issue certificates of occupancy for manufac-
tured homes. If all requirements are met, a certificate of
occupancy shall be issued. No manufactured home shall
be occupied until after the City issues a valid certificate
of occupancy.
(d) If a manufactured home is replaced by another
manufactured home, a new certificate of occupancy
shall be required for the installation of a manufactured
home after the date of adoption of the ordinance codi-
fied in this chapter. (Ord. 5423 §3, 2021; Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.46.050 RECREATIONAL VEHICLE ON A
PRIVATE LOT.
A recreational vehicle, occupied or not, may be
parked on a private lot or lots only as an accessory use
subject to the parking provisions of this title and the fol-
lowing provisions:
(a) A recreational vehicle may be occupied for a
cumulative period not to exceed thirty (30) days during
any twelve (12) consecutive month period;
(b) A recreational vehicle may be parked and
occupied by the owner of a lot as temporary housing
during the period of new house construction on the lot
for a period not to exceed one (1) year;
(c) Only one (1) recreational vehicle may be occu-
pied on a single lot at any time;
(d) A recreational vehicle shall not be parked
within a required front yard setback for more than fif-
teen (15) consecutive days and not more than thirty (30)
days cumulative in any twelve (12) consecutive months;
and
(e) Any occupied recreational vehicle must be
self-contained and all garbage and sanitation shall be
disposed of in a manner approved by the City.
(f) In order to legally occupy a recreational vehi-
cle, the property owner must obtain a permit from the
City indicating details such as the dates the recreational
vehicle will be occupied. (Ord. 5326 §6, 2017: Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.060 DISH ANTENNAS.
(a) A ground-mounted dish antenna is subject to
the setback requirements of the underlying zone.
(b) Dish antennas may not be placed above the
maximum underlying zoning district height.
(c) All dish or other parabolic antennas having a
collector dish diameter of six (6) feet or greater shall be
ground-mounted, except as provided for otherwise. An
antenna having a dish diameter smaller than six (6) feet
may be pole- or roof-mounted in a location that has the
least visual impact on surrounding properties and views
while maximizing the effectiveness of the antenna’s
operation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.46.070 ADAPTIVE REUSE OF
COMMERCIAL BUILDINGS.
The intent of these provisions is to provide oppor-
tunities for reusing commercial buildings that are struc-
turally sound with new uses to extend their economic
life. The adaptive reuse shall not be granted if the new
use adversely affects adjacent properties. Consideration
shall be given to the relative intensity of the proposed
use compared to the intensity of the planned land use
environment.
20.46-4.1 (Revised 9/21)
Bremerton Municipal Code 20.46.080
(a) Approval of an administrative Type II condi-
tional use permit (CUP) pursuant to BMC 20.58.020 is
required when an adaptive reuse is for a legally estab-
lished commercial building located within a residential
zone. However, the notice of application shall follow
BMC 20.02.100(c)(1)(iv) with notification of property
owners within three hundred (300) feet. The Director
may require a nonadministrative CUP whenever the use
has a significant impact beyond the immediate site, is of
a neighborhood or community-wide interest, or is of a
controversial nature. The adaptive reuse shall meet the
following criteria in order to be granted approval:
(1) New traffic shall be accommodated within
the existing levels of service on the surrounding neigh-
borhood streets.
(2) Provision for off-street parking must be
evaluated and to the greatest extent possible, meet the
parking demand for change of uses. The Director or
Hearing Examiner may reduce the number of off-street
parking spaces if commute trip reduction methods are
employed and the adaptive reuse does not generate an
increase in on-street parking demand.
(3) The new use does not generate noise that
exceeds City standards for residential zones.
(4) Adequate street trees and landscaping are
incorporated in a manner that buffers the adaptive reuse
from adjacent residential uses and makes it more com-
patible with the surrounding neighborhood.
(5) Additional conditions may be applied
including, but not limited to, limiting hours of opera-
tions, density, restrictions for noise attenuation and
other conditions deemed necessary to ensure compati-
bility with surrounding residential uses.
(b) The following uses may be approved for adap-
tive reuse:
(1) Residential, underlying zone density limit,
provided no new floor area is constructed;
(2) Foster homes;
(3) Day care facilities;
(4) Group residential facilities, Class I
(assisted living);
(5) Youth, teen, senior, or community centers;
(6) Medical and dental clinic and related ser-
vices (not hospitals);
(7) Religious worship facilities;
(8) Libraries;
(9) Museums and art galleries;
(10)Consultants (architectural, engineering,
planning, design and similar);
(11)Computer assistance and training (but not
repair);
(12)Office/business assistance services, call
centers, and general offices;
(13)Social services/facilities;
(14)Welfare and charitable services/facilities;
(15)Public services;
(16)Hotels and lodging places;
(17)General retail; and
(18)Restaurants. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4971 §7, 2006: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.080 MINERAL RESOURCE OVERLAY.
The intent of this overlay is to protect and enhance
significant sand, gravel and rock deposits as identified
mineral resource lands. It is also used to ensure the con-
tinued or future use without disrupting or endangering
adjacent land uses, while safeguarding life, property,
and the public welfare.
(a) Uses. Mineral resource extraction with associ-
ated structures and equipment for soil and gravel, quar-
ried stone or ore may be allowed within the mineral
resource overlay. In addition, the following provisions
shall be met:
(1) A single on-site security or superintendent
dwelling for his or her family may be permitted as an
accessory use.
20.60-5 (Revised 9/21)
Bremerton Municipal Code 20.60.100
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit.
(f) A duplex or townhouse may only be permitted
as follows:
(1) The underlying density of the zone is met;
and
(2) Within five hundred (500) feet of a com-
mercial district or center. (Ord. 5364 §14, 2018: Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5008 §7, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.60.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development. The fol-
lowing density and lot area standards are applicable to
development within the zone:
(a) Minimum Density. The minimum required
density is six (6) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is
seven thousand two hundred sixty (7,260) square feet,
with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed seven thousand two hundred sixty
(7,260) square feet, provided the remaining lots do not
exceed the seven thousand two hundred sixty (7,260)
square foot maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed seven thousand
two hundred sixty (7,260) square feet, provided the total
area of the flag lot does not exceed ten thousand eight
hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is four thousand three hundred (4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(2) When a new subdivision is proposed, the
size of lots in land division may be reduced below the
minimum lot size provided all the following are met:
(i) The overall average of the proposed
lots does not exceed the permissible maximum density.
(ii) All lots that are smaller than the min-
imum lot size shall demonstrate that they are develop-
able by showing code compliance with such items as
required parking, lot coverage, setbacks, stormwater
compliance, etc.
(iii) The platting documents shall include
documentation of allowed uses and language that
ensures maximum density is not exceeded.
(iv) If the land division is submitted in
phases of development, each phase submitted for
approval shall meet these provisions. (Ord. 5422 §4,
2021; Ord. 5404 §2, 2020: Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5008 §8, 2007: Ord. 4972 §1, 2006; Ord.
4971 §16, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence.
(b) For a home occupation sign, the residential dis-
trict sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in
the low density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5008 §9, 2007: Ord.
4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.78-3 (Revised 9/21)
Bremerton Municipal Code 20.78.060
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(h) Golf course, provided:
(1) A site plan review and a site development
permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, mod-
ifications to parking and landscaping may be allowed in
order to facilitate good design;
(3) Other conditions are applied as deemed
necessary to mitigate impacts to nearby residential prop-
erties and ensure compatibility with the neighborhood.
(i) Schools, parks and associated uses may be
approved in accordance with the following:
(1) The following uses are permitted through
approval of a conditional use permit:
(i) All public schools and associated
gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii)Bus and other vehicle and equipment
maintenance and storage facilities;
(viii)Administrative office related to the
facilities greater than two thousand (2,000) square feet
gross floor area;
(ix) Buildings and structures for nonprofit
groups on public lands;
(2) Uses permitted pursuant to subsection
(j)(1) of this section shall be subject to complying with
the following conditions:
(i) Front, side and rear yard setbacks of
structures and outdoor storage areas shall be at least
thirty (30) feet;
(ii) Setbacks may be reduced for those
portions of a structure fronting interior streets;
(iii) The maximum height for any new
construction may be increased to match the architecture
of existing buildings; provided, that it is set back an
additional foot from any property line for each addi-
tional foot of allowed height, and in no case shall the
new construction exceed forty-five (45) feet;
(iv) Landscaping is provided meeting the
minimum requirements for nonresidential uses pre-
scribed in Chapter 20.50 BMC. Additional landscaping
for screening purposes may be required if it is found
necessary to mitigate any impacts to adjoining residen-
tial properties;
(v) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(vi) The maximum height of a fence or
wall within a front yard setback may be increased to six
(6) feet, provided it enhances safety and security around
an outdoor play area.
(j) Public utility facilities located above ground,
provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if
the applicant can demonstrate that the public interest is
better served by allowing the modification.
(k) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility. (Ord. 5301 §3
(Exh. B) (part), 2016)
20.78.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is thirty-five
(35) feet.
(3) Maximum structure height in R-10 areas
within the downtown regional center shall be pursuant
to Figure 20.74(a) and shall supersede subsection (a)(2)
of this section.
(4) Minimum lot width is twenty-five (25)
feet.
(5) Maximum development coverage is sixty
(60) percent.
(Revised 9/21)20.78-4
20.78.065
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(c) Accessory Structures. The following standards
shall apply but are not limited to: garages, carports,
shops, barns, covered patios, cabanas, gazebos, and inci-
dental household storage buildings, excluding accessory
dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory struc-
tures shall be eighty (80) percent of the principal resi-
dential use not to exceed one thousand two hundred
(1,200) square feet.
(2) Setbacks of detached accessory structures
are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop
structure shall be designed so that the appearance of the
building remains that of a single-family residence
including the following:
(i) Constructed of similar materials as
the principal unit;
(ii) A roof of equal or greater pitch as the
principal unit;
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit. (Ord. 5364 §2,
2018: Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development. The fol-
lowing density and lot area standards are applicable to
development within the zone:
(a) Minimum Density. The minimum required
density is six (6) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is eighteen (18) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is
seven thousand two hundred sixty (7,260) square feet,
with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed seven thousand two hundred sixty
(7,260) square feet, provided the remaining lots do not
exceed the seven thousand two hundred sixty (7,260)
square foot maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed seven thousand
two hundred sixty (7,260) square feet, provided the total
area of the flag lot does not exceed ten thousand eight
hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is two thousand five hundred (2,500) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(2) When a new subdivision is proposed, the
size of lots in land division may be reduced below the
minimum lot size provided all the following are met:
(i) The overall average of the proposed
lots do not exceed the permissible maximum density.
(ii) All lots that are smaller than the min-
imum lot size shall demonstrate that they are develop-
able by showing code compliance with such items as
required parking, lot coverage, setbacks, stormwater
compliance, etc.
(iii) The platting documents shall include
documentation of allowed uses and language that
ensures maximum density is not exceeded.
(iv) If the land division is submitted in
phases of development, each phase submitted for
approval shall meet these provisions. (Ord. 5422 §5,
2021; Ord. 5404 §3, 2020: Ord. 5364 §3, 2018: Ord.
5301 §3 (Exh. B) (part), 2016)
20.78.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
5301 §3 (Exh. B) (part), 2016)
20.78-5 (Revised 9/21)
Bremerton Municipal Code 20.78.100
20.78.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence.
(b) For a home occupation sign, the residential dis-
trict sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in
the medium density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016)
Number Subject
Tables-13 (Revised 9/21)
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, 20.94)
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 (Repealed by 5428)
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)
5379 Amends Ch. 2.78, real property transactions (2.78)
5380 Amends §§ 2.92.040 and 2.92.060, office of risk management (2.92)
5381 Reestablishes rates and fees established by Ord. 5357 (Not codified)
5382 Amends §§ 15.06.010 and 15.06.015, utility assessments, rates, fees and charges (15.06)
5383 Reestablishes rates and fees established by Ord. 5358 (Not codified)
5384 Amends §§ 3.48.090 and 3.86.040, taxes (3.48, 3.86)
5385 Puget Sound Energy franchise (Special)
5386 2020 tax levy (Special)
5387 Adopts 2020 budget (Special)
5388 Amends 2019 budget (Special)
5389 Amends comprehensive plan (Special)
5390 Amends Figure 20.40(a), §§ 20.79.010, 20.79.020, 20.79.040 and 20.79.060 and Zoning Maps 1 – 4,
land use (20.40, 20.79)
5391 Amends zoning map (Special)
Number Subject
(Revised 9/21)Tables-14
5392 Amends §§ 10.10.010, 10.10.050 and 10.10.070, parking code (10.10)
5393 Adds § 20.46.090; amends department of community development rates and fees, temporary encamp-
ment permit (20.46)
5394 Amends Ch. 2.28, equal employment opportunity program (2.28)
5395 Approves 2020 Parks, Recreation and Open Space Plan; repeals Ord. 5242 (Special)
5396 Amends Ord. 5358, rates and fees for department of public works and utilities (Not codified)
5397 Amends 2020 budget (Special)
5398 (Not used)
5399 Street vacation (Special)
5400 Right-of-way dedication (Special)
5401 Amends comprehensive plan; repeals Ch. 20.92, employment center (Special)
5402 Amends § 20.04.100; establishes planned action for Eastside Village, land use (20.04)
5403 Amends comprehensive plan (Special)
5404 Amends §§ 20.60.065 and 20.78.065, land use (20.60, 20.78)
5405 Amends Ord. 5381, rates and fees (Not codified)
5406 Amends Ord. 5396, rates and fees (Not codified)
5407 2021 tax levy (Special)
5408 Adopts 2021 budget (Special)
5409 Amends 2020 budget (Special)
5410 Amends § 20.46.010, accessory dwelling units (20.46)
5411 Amends Ch. 18.02, fire code (18.02)
5412 Alley vacation (Special)
5413 Amends §§ 17.04.020 and 17.04.080, building codes (17.04)
5414 Amends §§ 10.10.010, 10.10.050, 10.10.070 and 10.10.110, parking code (10.10)
5415 Amends § 2.50.032, management and professional staff compensation program (2.50)
5416 Amends § 20.46.010, accessory dwelling units (20.46)
5417 Amends shoreline master program (Not codified)
5418 Amends §§ 20.14.190, 20.14.200, 20.14.320, 20.14.330, 20.14.340, 20.14.530, 20.14.730, 20.14.740,
20.14.750 and 20.14.760, critical areas (20.14)
5419 Amends § 3.50.050, utility tax (3.50)
5420 (Failed)
5421 Amends §§ 3.48.030(e), 3.48.090(1), Ch. 5.02, §§ 5.03.040, 5.06.030, 5.16.020, 5.17.020, 5.22.010,
5.36.010, 5.96.050 and 20.46.030, general business licenses (3.48, 5.02, 5.03, 5.06, 5.16, 5.17, 5.22,
5.36, 5.96, 20.46)
5422 Adds § 20.12.175; amends §§ 20.60.065 and 20.78.065, boundary line adjustments and lot size averag-
ing (20.12, 20.60, 20.78)
5423 Amends § 20.46.040, manufactured homes (20.46)
5424 Amends 2021 budget (Special)
5425 Amends §§ 1.02.020 and 2.50.040(b), holidays (1.02, 2.50)
5426 Adds § 10.42.070, automated traffic safety camera funds allocated (10.42)
5427 Amends §§ 15.01.020(c), (r) and (s), 15.01.030, 15.01.050, 15.01.100, 15.02.070, 15.02.100, 15.03.080
and 15.04.060, municipal utilities (15.01, 15.02, 15.03, 15.04)
5428 Repeals Ch. 6.20, carryout bags (Repealer)
5429 Amends § 20.44.120, drive-through facilities (20.44)