12/05/2016 - Special - Packet
City of Port Orchard
Special Council Meeting Agenda
December 5, 2016
Special Start Time: 6:00 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance
2. PUBLIC HEARING
A. Public Hearing of the Proposed 2017-2018 Biennial Budget (Martin)
3. BUSINESS ITEM
A. Revision to Land Use Regulatory Codes-LID Requirements
(Bond/Dorsey/Springer)
4. ADJOURNMENT
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Chair: Economic Development/Tourism
Staff: Development Director
Finance Committee
KRCC/PSRC TransPol/PRTPO
KRCC TransPol
Shawn Cucciardi
Finance Committee
Land Use Committee
Fred Chang
Chair: Lodging Tax Advisory Committee
Staff: City Clerk
Utilities & Sewer Advisory (SAC) Committee
Economic Development/Tourism
Clancy Donlin
Economic Development/Tourism
Festival of Chimes and Lights
KRCC-alt/KRCC TransPol-alt
John Clauson(Mayor Pro-Tempore)
Chair: Finance Committee
Staff: City Treasurer
Land Use Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Chair: Utilities Committee
Staff: Public Works Director
Chair: Chimes and Lights
Staff: City Clerk
Sewer Advisory (SAC) Committee
KEDA/KADA
Scott Diener
Chair: Land Use Committee
Staff: Development Director
Utilities & Sewer Advisory (SAC) Committee
KEDA/KADA-alt
PSRC Growth Management-alt
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Public Works Director
City Engineer
Debbie Hunt
Court Administrator
Allan Martin
City Treasurer
Geoffrey Marti
Police Chief
Brandy Rinearson, CMC
City Clerk
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No: Public Hearing 2A Meeting Date: December 5, 2016
Subject: Public Hearing of the Proposed 2017-2018 Prepared by: Allan Martin
Biennial Budget City Treasurer
Atty Routing No: NA
Atty Review Date: NA
Summary: A Public Hearing on the proposed 2017 – 2018 Biennial Budget is required on or before the first
Monday of December. The hearing allows Council to hear public input, consider public comments and make any
changes as indicated by the majority of the Council.
Citizens and community organizations are encouraged to participate by providing the Council with their input
for future infrastructure priorities, public safety enhancements, cultural and recreational opportunities, and
other public services.
Following citizen comments, the public hearing will be closed and the Council may continue with its
deliberations concerning the 2017 – 2018 Biennial Budget. If the Council has any additional changes, these
should be conveyed to staff so that a final 2017 – 2018 Budget can be presented for adoption on December 13,
2016.
Recommendation: Staff recommends opening the public hearing.
Fiscal Impact: Process culminates in the adoption of a 2017 – 2018 Biennial Budget.
Attachments: Proposed Port Orchard 2017 – 2018 Biennial Budget Ordinance.
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON ADOPTING THE
2017-2018 BIENNIAL BUDGET
WHEREAS, the preliminary budget for the 2017-2018 biennium, available October 3, 2016,
was submitted to the City Council; and
WHEREAS, the City Council held a public hearing on revenue sources on October 11, 2016;
and
WHEREAS, the Council Finance Committee met on October 31, 2016 and conducted
department interviews and discussed the preliminary budget to make final recommendations to
the Council which included the participation of the four additional council members; and
WHEREAS, the City Council held a comprehensive work study session on the 2016
preliminary budget on November 15, 2016 and considered the Council Finance Committ ee’s
recommendations; and
WHEREAS, A Notice of Hearing was published on November 18, 2016, and November 25,
2016, in the Port Orchard Independent newspaper stating the 2017-2018 preliminary budget was
on file with the City Clerk and copies could be obtained at the office of the City Treasurer, and
inviting the public to attend and/or submit written comments at the public hearing held
December 5, 2016; and
WHEREAS, the City Council held a public hearing on December 5, 2016 regarding the
preliminary budget for the 2017-2018 biennium seeking public input on city priorities, public
safety enhancements, cultural and recreational opportunities, and other public services; and
WHEREAS, a copy of the 2017-2018 preliminary budget has been on file with the City Clerk
and copies available from the City Treasurer for examination by the public during the time it was
considered by the City Council; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. the Budget of the City of Port Orchard for the 2017-2018 biennium is hereby
adopted in its entirety as the biennial budget of the City of Port Orchard for 2017-2018 biennium
as set forth below:
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Ordinance No ____
Page 2 of 3
(1) Estimated Revenue From All Sources: $75,869,894
(2) Estimated Appropriations:
Current Expense Fund 21,198,624
Street Fund 3,900,635
Criminal Justice Fund 1,055,400
Special Investigative Unit Fund 68,500
Water-Sewer Utilities Fund 25,373,700
Storm Drainage Utility Fund 3,926,000
Total Operating Funds 55,522,859
Other Non-Operating Funds 20,347,035
Total Funds 75,869,894
SECTION 1. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this ____day of December 2016.
Robert Putaansuu, Mayor
ATTEST:
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Ordinance No ____
Page 3 of 3
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
____________ _______________
Sharon Cates, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No: Business Item 3A Meeting Date: December 5, 2016
Subject: Revisions to Land Use Regulatory Codes - Prepared by: Nicholas Bond, AICP
LID Requirements Development Director
Atty Routing No: 090-16
Atty Review Date: 11/30/2016
Summary: The Community Development and Engineering Departments have prepared an update to several of
the City’s land use regulatory codes, in order to meet the Washington Department of Ecology’s requirement
that municipal development regulations must be revised to remove regulatory barriers to the use of low impact
development (LID) techniques in stormwater management, no later than December 31, 2016. This deadline
must be met in order to comply with the City’s municipal stormwater permit administered by the Department of
Ecology, under the federal Municipal National Pollutant Discharge Elimination System (NPDES) regulatory
program.
The revised codes include Title 12 (Streets and Sidewalks), Title 13(Public Utilities), Chapter 15.32 (Stormwater
Management), Chapter 16.40 (Common Development Standards), Chapter 16.45 (Parking Standards), and
Chapter 16.50 (Landscaping Standards). Chapter 16.80 (Planned Low Impact Developments) is proposed to be
repealed, as the stormwater management incentives in this chapter will now be covered elsewhere in the code
as required actions. A new Chapter 15.34, Land Disturbing Activity, has been created to provide more detailed
direction for clearing and grading activities and associated stormwater management requirements such as
erosion control. The City Attorney has prepared an overview of LID techniques and recommendations, and the
state and federal requirements for the City’s municipal stormwater permit, which has been provided for
additional background and context for the revised code language.
The revised and new code language provides regulatory requirements and options for new development to us e
a variety of LID techniques to minimize impervious surfaces, reduce the loss of native vegetation, minimize
surface water runoff and encourage the natural infiltration of water, with the goals of reducing surface water
pollution and increasing aquifer recharge rates. This amendment package provides the required changes to the
City’s development regulations that will meet the LID compliance requirements of the Department of Ecology
and the City’s municipal stormwater permit.
The Planning Commission will hold a hearing on the proposed revisions on December 6, 2016, and will make a
recommendation to the City Council. Any changes recommended by the Planning Commission to the draft
documents will be incorporated into the final documents submitted to City Council. The City Council will be
asked to review and approve the proposed amendments at its regular meeting on December 13, 2016.
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Business Item 3A
Page 2 of 2
2
Recommendation: Provide guidance to staff on proposed amendments to POMC Titles 12 and 13, and
Chapters 15.32, 15.34, 16.40, 16.45, 16.50 and 16.80.
Motion for consideration: N/A
Fiscal Impact: None.
Alternatives: Amend POMC Titles 12 and 13, and Chapters 15.32, 15.34, 16.40, 16.45, 16.50
and 16.80, as recommended or make revisions.
Attachments: Overview Memo; Titles 12 and 13; Chapters 15.32, 15.34, 16.40, 16.45, 16.50
and 16.80.
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CHAPTER 12.02 General Provisions. (New)
12.02.010 Purpose.
It is the purpose of this Title 12 POMC to provide for the orderly use of public rights-of-way by
establishing clear guidelines, standards, and timeframes for use of the public rights-of-way.
12.02.020 Authority
This Title 12 POMC is intended to provide the city with the broadest power permitted by constitutional
and statutory authority to preserve the public peace, health, safety, and welfare.
12.02.030 Interpretation; low impact development.
No requirement of this title shall be interpreted or applied in such a way as to impose a barrier to low
impact development. All requirements of this Title that have an effect on use of Low Impact
Development may be met using functionally equivalent Low Impact Development practices as specified
in the Stormwater Permit, the Stormwater Manual, or any Low Impact Development general
specifications adopted by the City.
12.02.040 General duty.
Nothing in this Title 12 POMC is intended to create a cause of action or claim against the City of Port
Orchard or its officials, employees, or agents running to specific individuals. Any duty created by the
ordinances codified in this Title is a general duty running in favor of the public.
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CHAPTER 12.16 Undergrounding of Utilities
12.16.110 Design standards
(1) All conductors, switches, transformers, regulating devices, poles, brackets, and vaults shall
be installed in accordance with applicable national, state and local safety standards. All other
structural devices shall be designed in accordance with the provisions of the International
Building Code adopted by the city, and all other applicable ordinances and regulations of the
city as its building code.
(2) Installation.
(a) All underground facilities provided for herein shall be installed in such manner as to
be coordinated with underground water, sewer, and gas pipelines, and with traffic
control and other signal systems. Whenever such coordination requires installation
practices more restrictive or demanding than the minimum standards required by
applicable national, state and local codes and safety standards, the requirements of
such coordination shall govern and be controlling.
(b) For streets and sidewalks constructed with permeable materials, utilities shall
maintain a minimum of one (1) foot separation from the bottom of the permeable
storage section.
(3) Subject to any applicable rates and tariffs, all vaults, manholes, ventilation gratings, and
access covers and conduits in public rights-of-way shall be strong enough to withstand 10,000
pounds wheel load. The utility may, at its option, elect not to comply with the said wheel load
requirement as to such facilities not on the traveled portion of the street; providing, however,
that the utility shall be responsible for upgrading of the said facilities in the event of widening
of the traveled portion of the street.
(4) Any equipment and facilities excepted from underground requirements or otherwise
permitted to be installed aboveground except for poles, pole-mounted equipment, and aerial
lines shall be:
(a) Placed within an enclosure or within the building or structure being served, or be suitably
screened in accordance with the landscape requirements of the city code.
(b) The utility shall be responsible for the installation, maintenance, repair, and replacement of
the sight screening materials and barrier when the real property on which the aboveground
facility is located is owned by the utility.
(c) When the aboveground facility is located on real property not owned by the utility, the
owner of such real property shall be responsible for the installation, maintenance, repair, and
replacement of the aforementioned screening materials and sight barrier.
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(5) Space frames and structural arrangements for holding equipment or facilities shall be
designed to have an uncluttered and neat appearance.
(6) Streets shall be excavated to subgrade prior to the installation of underground facilities as
determined by the city’s public works department. (Ord. 030-08 § 6; Ord. 019-07 § 1).
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CH. 12.24 STREET USE PERMITS
12.24.070 Criteria for approval.
Factors for the director’s consideration in evaluating an application for a permit include, but are
not limited to:
(1) The applicant’s constitutional rights;
(2) The impact of the proposed use on the following:
(a) The paramount purpose of streets for travel and transportation;
(b) Utilities; authorized secondary street uses; and any use being made by the public of the site;
(c) Fire access and public safety;
(d) Uses under permit; street trees; and other proposed or past uses of the site;
(e) Rights of light, air, and access and lateral support of abutting properties and on access or
easements of properties dependent upon the public place for access;
(f) The environment, including but not limited to efforts to minimize impervious surface, loss of
native vegetation, and stormwater runoff;
(g) Drainage, surface and underground; springs and watercourses; and the stability of soils; and
(h) Where applicable, city land use, transportation, open space, shoreline, and beautification
policies and approved neighborhood land use plans;
(3) The abutter’s property rights;
(4) The public and private benefits of the proposed use;
(5) The site and its terrain;
(6) In addition to the considerations listed above, where the following situations occur, factors
for consideration include:
(a) For public places used as parks or open space, the impact of the proposed use on their
character as a park drive or boulevard, or as open space;
(b) For shoreline street ends, their purpose to provide the public with visual or physical access
to the water and the shoreline;
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(c) For environmentally critical areas, the requirements of POMC Title 18. (Ord. 022-16 § 2).
12.24.080 Approval of street use permit.
(1) If the application conforms to the requirements of this chapter, all other applicable codes
and the proposed use is consistent with the rights of the public, the director may approve the
application; fix the duration and the terms or conditions of the permit; and when required,
upon the applicant’s furnishing of a deposit or surety bond, insurance, covenant, and
indemnification (as required by POMC 12.24.090 through 12.24.140), and payment of all
required fees, issue the permit. The original permit shall remain in the custody of the city, and a
copy shall be given to the permittee and shall be posted or available at the site.
(2) The permit shall specify the portion of the public place that may be occupied, the dates or
days and hours of use, and the allowed use. The permit shall only be valid for the portion of the
public place, the dates or days and hours of use, and the use as identified on the permit. Every
permit shall include the language in POMC 12.24.150(1) on the face of the permit.
(3) Every permit shall be conditioned to state that all activities in the public place shall
implement stormwater best management practices (BMPs) in accordance with the city’s
current Stormwater Manual, as amended. Failure to implement stormwater BMPs shall be a
violation of this Titlechapter and subject to enforcement.
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CHAPTER 13.05 GENERAL PROVISIONS
V.1
13.05.010 Purpose.
13.05.020 Authority.
13.05.030 Definitions.
13.05.040 Rates and charges.
13.05.050 Billing; payment; liens.
13.05.060 Damaging the utility system.
13.05.070 Violations.
13.05.080 Appeals.
13.05.010 Purpose.
[New section suggested to be added by SBS].
13.05.020 Authority.
[New section suggested to be added by SBS].
13.05.030 Definitions.
[New section suggested to be added after rest of chapter revisions are complete.]
13.05.040 Rates and charges. (13.04.010, 13.04.020, 13.04.025, 13.04.030, 13.04.033,
13.04.035, 13.04.040, 13.04.055, 13.06.130)
(1) Water. [Directs to new water utility chapter]
(2) Sewer. [Directs to new sewer utility chapter]
(3) Stormwater. [Directs to new stormwater utility chapter]
(4) Miscellaneous charges.
(a) The charge for turning on or shutting off service, other than the regular City Hall
business hours, and any time on weekends or holidays, shall be set forth in POMC 13.05.040.
(5) Mother-in-law apartments and converted homes. (13.04.080)
[This subsection requires significant revisions to best incorporate into this chapter. SBS to
revise].
(6) Annual review of charges. (13.06.130)
The utility charges and fees established by this chapter and any other ordinances or resolutions
of the city council establishing charges and fees for the utility shall be reviewed annually.
Subsequent to such review, the mayor shall present to the city council a yearly budget for
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eachthe utility, and along with proposed amendments to any associated rates, and charges,
and/or fees, necessary, for the city council’s approval.
13.05.050 Billing; payment; liens. (13.04.050, 13.06.120, 13.04.039, 13.04.040)
(1) Billing.
(a) Water, sewer, and/or storm drainage utility charges, based upon the rates and fees
set forth in POMC 13.05.040, shall be billed by the city treasurer bimonthly, on the last day of
the bimonthly period, to the property owner.
(b) When a closing agent requests, by law, a final billing of utility services to real
property being sold, the utility city treasurer shall provide the requesting party with a written
estimated, or actual, final billing. AThere will be a service fee as set forth in POMC 13.05.040
shall be charged for each request. set forth in POMC 13.04.025.
(2) Payment. The Billed charges and rates shall be due to the city treasurer, who is authorized
and empowered to collect and receipt for such payments, on the first day of the month
following the receipt of services. It shall be the responsibility of the property owner to notify
the city upon change of ownership.
(3) Delinquent Accounts.
(a) Any utility charges under this section that remaining unpaid twenty-five (25) days
after the due date shall be considered delinquent and shall be subject to an additional charge of
10 ten percent (10%) of the unpaid balance as a penalty.
(b) When a water and/or sewer utility bill shall becomes delinquent and a city employee
must go to the premises during normal working hours for the purpose of hanging a written
notice on the door, there shall be a charge added to the account set forth in POMC
13.05.040.13.04.025.
(c) The city may disconnect water service for any customer whose bill for water, sewer,
and/or storm drainage utility services is more than thirty (30) days delinquent, in which case
the shut-off fee set forth in POMC 13.05.040 shall apply. The city will not resume utility
service(s) will not resume thereafter until the delinquent charges and penalties under this
section, together with a reconnect fee as set forth in POMC 13.05.040a turn-off fee, have been
paid in full. Where a customer is thirty (30) days’ delinquent on more than one of their utility
accounts with the city, the city shall only charge the customer a single shut-off and
reconnection fee for all delinquent accounts. Termination of any utility service shall not limit
other remedies available to the city for collection of delinquent utility accounts.
(d) It is unlawful for the owner or occupant of the premises to turn on/off the water,
cause damage, or cause it to be turned on after it has been shut - off or locked by the city. The
above shut-off charges under subsection POMC 13.05.050(1)(d) will apply if the city has to
return to re-shut- off an account that is supposed to be turned off at the meter for
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nonpayment. Violations of this subsection will result in an additional fee as determined by the
city which is set forth in POMC 13.05.040. 13.04.025.
(e) The recording fee to be applied to the account will be based on the current charges
as established by the county auditor when the lien is filed.
(4) Liens.
(a) Pursuant to RCWs 35.21.290 and 35.67.200, the city treasurer is directed to prepare
and file a lien against any property where a water, sewer, and/or storm drainage utility
charge(s) remain unpaid for four (4) months. All charges, together with penalties and interest
which may be provided by this chapter, shall be a lien upon the property to which such service
is furnished. The filing fee to be applied to the account will be based on the current charges as
established by the county auditor when the lien is filed.
(b) Such liens shall be effective and shall be enforced and foreclosed in the same
manner as provided for sewerage liens of cities and towns by RCW 35.67.200 et seq., except
that the service charge lien shall be effective for a total not to exceed one year’s delinquent
service charges, for each delinquent utility account, without the necessity of any writing or
recording the lien with the county auditor, as provided for in RCW 35.67.215. The additional
and concurrent method of enforcing the lien of the city for the delinquent and unpaid utility
charges by turning off the water and/or sewer service from the premises shall not be exercised
after two (2) years from the date of recording the lien notice, as provided by law. One
exception to this is to enforce payment of six (6) months’ utility charges for which no lien notice
is required by law to be recorded.
(c) Water, and/or sewer, and/or storm drainage utility service charges, or sewer
connection liens, shall be superior to all other liens and encumbrances whatsoever, except
those for general taxes and local and special assessments.
(d) The remedy provided in this subsection shall be in addition to any other remedy now
and hereafter provided by law.
(5) All charges and fees set forth in this chapter section shall be paid in full prior to any issuance
of permits and the physical connection of the private service line to the water system.
13.05.060 Damaging the utility system. (13.04.120)
(1) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of the
public water, or sewer, or storm drainage system.
(2) No person shall connect another structure, apartment, or dwelling unit with a temporary
hose or other pipe not permitted by the Uniform Plumbing Code for the purpose of providing
water to that structure, apartment, or dwelling unit.
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(3) Violations of this section will result in a fee as determined by the city which isand set forth in
POMC 13.05.040.13.04.025.
13.05.070 Violations. (13.04.170)
Any person who violates any of the provisions of this titlechapter shall become liable to the city
for any expense, loss, or damage occasioned by the city by reason of such violation. Such
person will be charged for any damage and may be assessed a civil penalty in an amount not to
exceed $5,000. Every day that the person is in violation shall be considered a separate event
and may be charged as such under this section. The remedy provided in this subsection shall be
in addition to any other remedy now and hereafter provided by law.
13.05.080 Appeals. (13.04.180)
AThe person may appeal any the penalty assessed under this chapter to the city council;
provided, that the appeal is made in writing and filed with the city clerk within (fifteen) 15
calendar days from the date of notice imposing the penalty. The failure to appeal will constitute
a waiver of all rights to an administrative hearing and determination of the matter.
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Page 1 of 8
CHAPTER 13.10 WATER UTILITY
V.1
13.10.005 Water utility established.
13.10.010 Water rates and charges.
13.10.020 Water capital facility charge; Extension of water.
13.10.030 Water connection fees.
13.10.040 Water main fees in lieu of assessment.
13.10.050 Extension of water to property contiguous to the city.
13.10.060 Cross connections.
13.10.070 Emergency water supply conditions.
13.10.005 Water utility established.
[New section suggested to be added by SBS].
13.10.010 Water rates and charges. (13.04.010)
(1) Water rates are based on a bimonthly schedule and are a function of size of service plus
consumption.
(2) Effective January 1, 2016, and January 1st of each subsequent year shown, the water rates,
as calculated bimonthly, are shown on the water rate table.
(a) Single Connections. Single connections are where one customer is being served
through a master meter and the billing is based on the flow through such master meter. The
minimum bimonthly base rate is shown on the water rate table, plus consumption charges for
water usage in excess of 5,000 gallons are set forth in subsection (1)(c) of this section.
(b) Larger Meters. Base rate for the first 5,000 gallons is calculated based on the size of
service plus the meter size cost difference as shown on the water rate table. Consumption
charges for water usage in excess of 5,000 gallons are set forth in subsection (1)(c) of this
section.
(c) Consumption charges in excess of 5,000 gallons allotted per customer will be charged
in the five tiers as shown in the water rate table.
(d) Multiple Connections. Multiple connections are where more than one customer is
being served through a master meter and the billing is based on the flow through such master
meter. The minimum bimonthly base rate is determined by the number of customers multiplied
by the base rate plus the difference in cost between three-fourths-inch service and the actual
meter size. The consumption charge will be computed by subtracting the amount equal to the
number of customers multiplied by 5,000 gallons from the total gallons consumed.
Consumption charges for water usage in excess of 5,000 gallons allotted per customer are set
forth in subsection (1)(c) of this section. See water rate table.
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Page 2 of 8
(e) Properties Outside City Limits. Properties served outside the city limits shall have a
50 percent surcharge on the bimonthly rate.
(f) Fire Hydrant Service. See the water rate table.
(g) Temporary Service. See the water rate table.
(h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The
following rental fees plus sales tax listed in the water rate table shall apply to all persons
renting a meter.
Water Rates 2016 2017 2018 2019 2020
a) Single Connections Bimonthly
3/4" meter, 0 – 3,000 gal base $35.10 $39.70 $44.30 $48.90 $53.50
3/4" meter, 3,001 – 5,000
gal
base $53.50 $60.50 $67.50 $74.50 $81.50
5,001 – 10,000 gal per 1,000g $2.45 $2.75 $3.05 $3.35 $3.65
10,001 – 20,000 gal per 1,000g $2.55 $2.90 $3.20 $3.50 $3.85
20,001 – 30,000 gal per 1,000g $2.65 $3.00 $3.35 $3.70 $4.05
30,001 – 50,000 gal per 1,000g $2.80 $3.20 $3.55 $3.90 $4.30
50,001+ gal per 1,000g $3.00 $3.40 $3.80 $4.20 $4.60
b) Larger Meters Bimonthly
3/4" meter, 0 – 5,000 gal per unit base $53.50 $60.50 $67.50 $74.50 $81.50
3/4" Meter Base Plus the Following Meter Size Differentials – Bimonthly
1" meter, 0 – 5,000 gal base + diff. $2.00 $3.00 $4.00 $5.00 $6.00
1-1/2" meter, 0 – 5,000 gal base + diff. $8.00 $12.00 $16.00 $20.00 $24.00
2" meter, 0 – 5,000 gal base + diff. $14.00 $21.00 $28.00 $35.00 $42.00
3" meter, 0 – 5,000 gal base + diff. $26.00 $39.00 $52.00 $65.00 $78.00
4" meter, 0 – 5,000 gal base + diff. $50.00 $75.00 $100.00 $125.00 $150.00
6" meter, 0 – 5,000 gal base + diff. $92.00 $138.00 $184.00 $230.00 $276.00
8" meter, 0 – 5,000 gal base + diff. $134.00 $201.00 $268.00 $335.00 $402.00
10" meter, 0 – 5,000 gal base + diff. $182.00 $273.00 $364.00 $455.00 $546.00
c) Plus Consumption Charge in Excess of 5,000 Gallons – Bimonthly
5,001 – 10,000 gal per 1,000g $2.45 $2.75 $3.05 $3.35 $3.65
10,001 – 20,000 gal per 1,000g $2.55 $2.90 $3.20 $3.50 $3.85
20,001 – 30,000 gal per 1,000g $2.65 $3.00 $3.35 $3.70 $4.05
30,001 – 50,000 gal per 1,000g $2.80 $3.20 $3.55 $3.90 $4.30
50,001+ gal per 1,000g $3.00 $3.40 $3.80 $4.20 $4.60
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d) Multiple Connections – Where Multiple Units Are Served Through One Meter – Bimonthly
Base rate per unit, 0 – 5,000 gal per
unit
base $53.50 $60.50 $67.50 $74.50 $81.50
Plus meter differential for actual meter size as shown in b) above
Plus consumption charges in excess of 5,000 gal –
allotted per unit
as shown in c) above
e) Outside City Limits 50% surcharge
f) Fire Hydrant Service Bimonthly
Schools per hydrant $13.80 $15.60 $17.40 $19.20 $21.00
Private service per hydrant $25.30 $28.60 $31.90 $35.20 $38.50
g) Temporary Service Greater of flat rate (base + meter size differential) or as
metered
One-day service: base rate $53.50 $60.50 $67.50 $74.50 $81.50
Plus meter differential for actual
meter size
meter diff. as shown in b) above
per 1,000g $2.80 $3.20 $3.55 $3.90 $4.30
Construction / hydrant account: base rate $53.50 $60.50 $67.50 $74.50 $81.50
Plus meter differential for actual
meter size
meter diff. as shown in b) above
0 – 50,000 gal per 1,000g $2.80 $3.20 $3.55 $3.90 $4.30
50,001+ gal per 1,000g $3.00 $3.40 $3.80 $4.20 $4.60
h) Meter Rentals Refundable deposit for meter rental; sales tax added to
30-day rental fees
First 60 days rental + tax $0.00 $0.00 $0.00 $0.00 $0.00
Next 120 days rental + tax $260.00 $270.00 $280.00 $290.00 $300.00
In excess of 180 days rental + tax $520.00 $540.00 $560.00 $580.00 $600.00
13.10.020 Water capital facility charge; Extension of water. (13.04.030)
(1) The water capital facility charge is designed to mitigate the impact of new demands on the
existing water system and to require new users to pay their fair share of the value of the water
system including, but not limited to, water supply, treatment, transmission, storage and
distribution facilities. The water capital facility charge applies to new construction, changes in
use, and building modifications which increase the total number of equivalent residential units
(ERUs). An ERU is 180 gallons per day for nonresidential connections. Prior to connecting to the
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city’s water system the property owner shall pay, in addition to other applicable charges, the
applicable water capital facility charge.
(a) The water capital facility charge for a residential connection is based on a set fee per
ERU which is set forth in POMC 13.XX.XXX. An ERU for this purpose shall be computed based on
the water meter size and shall be calculated according to the average flow factor of a
displacement type meter where a three-quarter-inch meter shall have a flow factor equal to
one ERU. An ERU for residential connections is one single-family dwelling unit, whether
detached or attached and configured as an apartment unit, condominium unit, townhouse unit,
or any other configuration.
(b) The water capital facility charge for a nonresidential connection shall be calculated
based on meter size as set forth in POMC 13.XX.XXX.
(c) Per Resolution No. 1666, the city treasurer is authorized to waive the connection fee
of the water systems which do not impact the fire flow storage requirements of the city. All
other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of
these connections are irrigation systems, fire protection systems, and relocating service lines
which cross private property.
(2) If, after connection of a nonresidential service, the actual water usage has increased or the
property use expanded so that there are a greater number of ERUs being used on the property
than for which the water capital facility charge was paid, the property owner shall pay to the
city an additional water capital facility charge based upon the new or expanded use. The
additional water capital facility charge shall be based upon the charge rate in effect at the time
the increase in use is requested and/or detected, whichever first occurs.
(3) Exception. The following exception applies to the assessment of the water capital facility
charge. All four elements of the below-listed requirements must be present to qualify for the
exception:
(a) A nonresidential account paid the water capital facility charge at the time the
property connected to the city’s water system;
(b) Sometime after the original connection, the property owner decides to construct a
new building, change the original use, or modify the original building;
(c) After the building improvements are completed, the total water usage for the
nonresidential account will be equal to or less than the usage at the time of the original
connection; and
(d) The new construction, change in use, or building modification has not resulted in an
additional direct connection to the city’s water system or the establ ishment of an additional
water account.
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(4) A credit against the water capital facility charge may be applied for those property owners
that paid their assessments in full through a local improvement district formed by the city
where such local improvement district is formed to finance the construction of any of the
improvements that are a basis for calculating the value of the water capital facility charge. The
credit shall be equal to that portion of the property owner’s principal assessment, not includin g
interest and penalties, which is directly applicable to the construction of the improvements that
are a basis for calculating the value of the capital facility charge. The credit shall be applied at
the time of payment of the water capital facility charge and shall not be used to reduce any
assessments in the local improvement district.
(5) A credit against the water capital facility charge may be applied for those property owners
that construct at their own expense any of the improvements that are a basis for calculating the
value of the water capital facility charge or for those property owners that pay a latecomer’s
fee toward those same improvements. The credit shall be the smaller of the following:
(a) That portion of the design and construction costs of the latecomer’s agreement that
are directly applicable to the construction of the improvements that are a basis for the value of
the water capital facility charge; or
(b) That proportionate amount of the water capital facility charge that is attributable to
the water facilities either constructed by the property owner or paid through a latecomer’s fee.
(6) The above provisions notwithstanding, the amount of any credit shall not exceed the
amount of the water capital facility charge for the property to which the credit is being applied.
(7) At the time the water capital facility charge is paid, a water inspection fee shall be paid. The
water inspection fee is set forth in POMC 13.XX.XXX.
(8) All materials shall comply with the requirements of the city. If the city supplies any
materials, the cost of these plus overhead and sales tax will be paid by the customer or
property owner.
(9) If a property owner requests a credit or exemption as described above, the director of public
works shall make an administrative determination regarding the applicability and amount of
the credit or exemption. The director’s decision may be appealed to the hearing examiner.
(10) The exceptions and credits described above shall not apply to any costs of construction
incurred or payments made to the city for improvements that are a basis for the value of the
capital facility charge and that were made 15 years or more prior to the date the property
owner requests the exception or credit.
13.10.030 Water connection fees. (13.04.033)
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(1) Connection fees are designed to reimburse the utility for the cost required to connect the
new service to the water main. The labor installation fee is a flat fee set forth in POMC
13.XX.XXX plus associated materials plus sales tax based on the size of the water meter for
service lines less than 25 feet. This fee is charged when installed by city employees.
(2) If the water service line exceeds 25 feet, or if the proposed construction is unusually
difficult, the connection fee will be based on an estimate completed by the city for the required
labor and material.
(3) If the service is connected by other than city employees, the water inspection fee per meter
will be charged as set forth in POMC 13.XX.XXX. All materials shall comply with the
requirements of the city. If the city supplies any materials, the cost of these, plus overhead and
sales tax, will be paid by the customer. If the installation is satisfactory, the city shall set the
meter if it is one inch or less in size. Larger meters shall be installed by the contractor.
(4) All new construction, residential and commercial, on property which is located within 200
feet of a water main of the city shall be required to extend the water to and across the entire
frontage of their property and connect to the city water system prior to the occupancy of the
building. No new wells except municipal wells shall be constructed and no expansions of
existing wells, except municipal wells, shall be permitted on properties that can be served,
within 200 feet of a water main of the city, or are now served by the city water system.
13.10.040 Water main fees in lieu of assessment. (13.04.035)
(1) Where all or a portion of the premises to be served has not been previously assessed or
contributed its share towards the cost of installing a permanent main to serve such premises, or
the property does not abut a water main, water service shall be provided upon payment of a
water main fee as provided for in this section, in addition to the water capital facility charge set
forth in POMC 13.XX.XXX and the connection fee set forth in POMC 13.XX.XXX.
(2) The water main fee shall be based on the frontage of the property served, as determined by
the public works director. Properties situated on corner lots abutting utility mains on two sides
shall have the front footage charge computed by averaging the two sides. The fee shall be
charged per front foot as set forth in POMC 13.XX.XXX.
(3) Water main fees in lieu of assessment shall be charged on new accounts unless exempted as
explained below:
(a) The property has previously paid its share of a local water main as part of a water
local improvement district and there are records to verify this;
(b) The property has extended the local water main as required by the city and paid all
costs associated with the extension;
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(c) The property has paid its equitable share of the cost of a previously installed local
water main pursuant to a latecomer’s agreement; or
(d) The agreement for purchase and sale of assets of McCormick Water Company, Inc.,
waives the city fee in lieu of assessment for water services. These are the services within
McCormick Woods, Campus Station, Kenmore Court, and McCormick 620.
(4) If a property owner requests an exemption as described above, the director of public works
shall make an administrative determination regarding the applicability and amount of the
exemption. The director’s decision may be appealed to the hearing examiner.
(5) The exemptions described in subsections (3)(a) through (c) of this section shall not apply to
any costs of construction incurred or payments made to the city for improvements that are a
basis for the value of the water main fee in lieu of assessment and that were made 15 years or
more prior to the date the property owner requests the exemption.
13.10.050 Extension of water to property contiguous to the city. (13.04.037)
Property lying within the urban growth boundary and contiguous to the Port Orchard city limits
shall annex to the city as a condition of water connection. In the alternative, the city may elect
to defer the annexation and require the owner to execute a utility extension agreement as
described in POMC 13.XX.XXX.
13.10.060 Cross connections. (13.04.100)
The installation or maintenance of any cross connection which would endanger the water
supply of the city of Port Orchard is prohibited. Such cross connections are declared to be a
public health hazard and shall be abated.
The control or elimination of cross connections shall be in accordance with WAC 246-290-490.
The policies, procedures and criteria for determining appropriate levels of protection shall be in
accordance with the Accepted Procedure and Practice in Cross Connection Control Manual –
Pacific Northwest Section – American Water Works Association, Fourth Edition, or any
superseding edition.
It shall be the responsibility of the city to protect the potable water system from contamination
or pollution due to cross connections. Water service to any premises shall be contingent upon
the customer providing cross connection control in a manner approved by the city engineer.
Backflow prevention assemblies required to be installed shall be a model approved by the
Kitsap County health department.
The city engineer, or his designated representative with proper identification, shall have free
access at reasonable hours of the day to all parts of the premises or within the building to
which the water is supplied. Water service may be refused or terminated to any premises for
failure to allow necessary inspections.
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13.10.070 Emergency water supply conditions. (13.04.110)
Whenever an emergency exists affecting the water supply of the city and it becomes necessary
to curtail the use of water through regulation and control of the use thereof, the mayor shall
declare such an emergency. Notice of the emergency shall be published in the official
newspaper by the city clerk, setting forth rules under which water will be used. The notice may
include defining zones for use of water and setting forth hours during which lawn sprinkling
may be done. The notice shall include any restriction, as approved by the city council, on the
use of water that is deemed necessary for the welfare of the inhabitants of the city and other
users of city water. Such notice and regulations established for the emergency shall be subject
to change and shall be in full force and effect throughout the emergency. Any changes in such
regulations as published shall likewise be published before taking effect. Regulations
established for the emergency shall remain in effect until notice is published that the
emergency has passed.
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CHAPTER 13.20 SEWER UTILITY
13.20.005 Sewer utility established.
13.20.010 Bimonthly sewer rates.
13.20.020 Connection to sewer.
13.20.030 Discontinuation of sewer charges.
13.20.040 Discharging of sewerage.
13.20.050 Side sewer responsibilities.
13.20.060 Industrial sewer users.
13.20.070 Low-flow toilet rebate.
13.20.005 Sewer utility established.
[New section suggested to be added by SBS].
13.20.010 Bimonthly sewer rates. (13.04.020)
Effective January 1, 2016, and January 1st of each subsequent year shown, the sewer rates, as
calculated bimonthly, are shown as follows:
Sewer Rates 2016 2017 2018 2019 2020
Class
No.
Class
Description
Description
1 Single-family
residences and
mobile home
on single parcel
For each dwelling unit $111.00 $124.00 $137.00 $150.00 $163.00
2 Business and
professional
For each business with
a fixture
$111.00 $124.00 $137.00 $150.00 $163.00
For each business with
an employee present,
without a fixture
$22.20 $24.80 $27.40 $30.00 $32.60
For each floor of an
office building or retail
complex that has a
public or community
bathroom
$111.00 $124.00 $137.00 $150.00 $163.00
Plus the following
surcharge, based on
the store/office
interior size:
Small, less than
15,000 sf, or
$0.00 $0.00 $0.00 $0.00 $0.00
Medium, 15,000 to $111.00 $124.00 $137.00 $150.00 $163.00
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Sewer Rates 2016 2017 2018 2019 2020
Class
No.
Class
Description
Description
30,000 sf, or
Large, more than
30,000 sf
$222.00 $248.00 $274.00 $300.00 $326.00
3 Churches For the church, plus* $111.00 $124.00 $137.00 $150.00 $163.00
For the rectory, plus* $111.00 $124.00 $137.00 $150.00 $163.00
For the annex $111.00 $124.00 $137.00 $150.00 $163.00
*Class 6 for
educational parochial
schools
4 Hotels and
motels, rest
homes and care
centers, and
Kitsap County
jail
Base fee, plus $111.00 $124.00 $137.00 $150.00 $163.00
Per unit $22.20 $24.80 $27.40 $30.00 $32.60
5 Apartments
and mobile
home parks
Per dwelling unit $111.00 $124.00 $137.00 $150.00 $163.00
6 Schools For each pupil,
teacher, maintenance
and administrative
person
$3.30 $3.70 $4.10 $4.50 $4.90
7 Kitsap County
courthouse
(main complex)
$4,329.00 $4,836.00 $5,343.00 $5,850.00 $6,357.00
8 Restaurants Based on the seating
capacity as
determined by the
building official
Espresso Bar Seating not applicable.
Classification includes
similar food
preparation
businesses which do
not require the
cooking of food or the
maintenance of
$111.00 $124.00 $137.00 $150.00 $163.00
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Sewer Rates 2016 2017 2018 2019 2020
Class
No.
Class
Description
Description
kitchen equipment.
Deli No seating $166.50 $186.00 $205.50 $225.00 $244.50
Small Seating for 1 to 50 $333.00 $372.00 $411.00 $450.00 $489.00
Medium Seating for 51 to 150 $499.50 $558.00 $616.50 $675.00 $733.50
Large Seating for more than
150
$666.00 $744.00 $822.00 $900.00 $978.00
9 Laundromats Base fee, plus $55.50 $62.00 $68.50 $75.00 $81.50
Per washing machine $22.20 $24.80 $27.40 $30.00 $32.60
Laundromats with less
than 4 washing
machines are
considered Class 2.
Dry cleaners without
washing machines are
Class 2.
10 Taverns $277.50 $310.00 $342.50 $375.00 $407.50
11 Car dealerships For sales and
administrative office,
plus
$111.00 $124.00 $137.00 $150.00 $163.00
For service
department, plus
$111.00 $124.00 $137.00 $150.00 $163.00
For car washing when
the water is used to
determine cost
sharing for the sewer
treatment plant
$111.00 $124.00 $137.00 $150.00 $163.00
12 Post office $388.50 $434.00 $479.50 $525.00 $570.50
13 Grocery stores Basic fee, plus the
following surcharges
$55.50 $62.00 $68.50 $75.00 $81.50
Basic store $55.50 $62.00 $68.50 $75.00 $81.50
Bakery $55.50 $62.00 $68.50 $75.00 $81.50
Wetted-down
produce
$111.00 $124.00 $137.00 $150.00 $163.00
Food disposal $111.00 $124.00 $137.00 $150.00 $163.00
Meat cutting area $222.00 $248.00 $274.00 $300.00 $326.00
14 Bowling alley,
boat marina,
health
Base fee, plus $55.50 $62.00 $68.50 $75.00 $81.50
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Sewer Rates 2016 2017 2018 2019 2020
Class
No.
Class
Description
Description
maintenance
organizations
and work
release and
juvenile
facilities
For each equivalent
residential unit (ERU)
as determined for the
cost-sharing formula
for the sewer
treatment plant
$55.50 $62.00 $68.50 $75.00 $81.50
15 Car washes Base fee, plus $55.50 $62.00 $68.50 $75.00 $81.50
Per car washing bay $166.50 $186.00 $205.50 $225.00 $244.50
16 Beauty shops
and barber
shops
$111.00 $124.00 $137.00 $150.00 $163.00
17 Day care Basic fee, plus $222.00 $248.00 $274.00 $300.00 $326.00
For less than or equal
to 6 children
$0.00 $0.00 $0.00 $0.00 $0.00
For 7 to 25 children $111.00 $124.00 $137.00 $150.00 $163.00
For more than 25
children, use Class 6
rates
18 Gas stations For gasoline retail,
which could include
service bay
$111.00 $124.00 $137.00 $150.00 $163.00
For nonautomotive
retail
$111.00 $124.00 $137.00 $150.00 $163.00
19 Assisted living
units
Base fee, plus $111.00 $124.00 $137.00 $150.00 $163.00
Per unit with private
kitchen
$111.00 $124.00 $137.00 $150.00 $163.00
Per unit without
private kitchen or
studio apartment
$22.20 $24.80 $27.40 $30.00 $32.60
20 Bed and
breakfasts
Base fee, plus $111.00 $124.00 $137.00 $150.00 $163.00
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Sewer Rates 2016 2017 2018 2019 2020
Class
No.
Class
Description
Description
Per rentable bedroom $8.90 $9.90 $11.00 $12.00 $13.00
21 Public market Basic fee, plus the
following surcharges
$222.00 $248.00 $274.00 $300.00 $326.00
Nonfood retail $27.80 $31.00 $34.30 $37.50 $40.80
Nonfood service
business
$27.80 $31.00 $34.30 $37.50 $40.80
Juice/soda/ice
cream/espresso bar
$111.00 $124.00 $137.00 $150.00 $163.00
Restaurant (consume
and buy on premises)
$222.00 $248.00 $274.00 $300.00 $326.00
Delicatessen (counter
sales takeout ready-
to-eat food products)
$111.00 $124.00 $137.00 $150.00 $163.00
Retail meat/seafood $111.00 $124.00 $137.00 $150.00 $163.00
Retail bakery $111.00 $124.00 $137.00 $150.00 $163.00
Special notes: a) Home occupations will not be charged additional sewer fees.
b) For a combination of classes in one business, the highest rate will be
selected.
c) In the event that an established rate class does not accurately reflect the
impact on the sewer system, the city engineer may determine the specific
monthly rate.
d) Water accounts which serve a marina pier and do not have a connection
to the sewer shall not be charged a sewer bill. A sewer bill will be charged
and based on winter consumption if the water meter serves both the
marina pier and any facility or pump station that is connected to the sewer
system. For billing purposes, live-aboards will not be considered as a
dwelling unit.
e) Properties served which are outside the city limits shall have a 50 percent
surcharge on the bimonthly rates.
13.20.020 Connection to sewer. (13.04.140)
(1) The owner of each lot or parcel of real property within the city shall connect to the public
sewer system if the public sewer system is within 200 feet of the lot or parcel and if one of the
following conditions occurs:
(a) A new building or structure is constructed on an undeveloped parcel or lot and use of
the new building or structure generates wastewater;
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(b) An existing building or structure, which is served by an existing septic tank and
drainfield, is remodeled or repaired in such a manner that the drainfield would have to be
expanded, as required by the health officer. In such a case, the entire structure would have to
be served by the public sewer system;
(c) The existing drainfield has failed and needs repair or replacement, as determined by
the health officer.
(2) The city council may schedule a public hearing to review the circumstances of the property
to be connected to the sewer system, if requested by the property owner. The city council may
modify or remove the requirements of mandatory sewer connection, if it deems it necessary.
13.20.030 Discontinuation of sewer charges. (13.04.090)
Upon receipt of a written statement by the owner of a lot or parcel of property which has
previously been connected to the public sewer system that there is no longer any building or
structure for human occupation or use or for any business purpose located thereon and that
the toilet and other facilities therein have been removed, disconnected and properly plugged
from the public sewer system, and upon inspection by the superintendent or his designated
representative to ascertain that the statement is true, the sewer charges shall cease as of the
first day of the following month.
13.20.040 Discharging of sewerage. (13.04.130)
It shall be unlawful to discharge or cause to be discharged into the city sewer system, or cause
to be placed where they are likely to run, leak or escape into the public sewer, any of the
following:
(1) Ashes, cinders, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastic, wood, or any matter which is capable of or likely to obstruct or interfere with the
capacity or operation of the public sewer;
(2) Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is inflammable
or explosive upon introduction to the public sewer;
(3) Any matter having a temperature greater than 150 degrees Fahrenheit;
(4) Sewage containing suspended solids in excess of 350 milligrams per liter;
(5) Sewage containing grease or oil in excess of 100 parts per million by weight;
(6) Matter with a BOD greater than 300 milligrams per liter;
(7) Sewage with a pH lower than 5.5 and greater than 9.0;
(8) Garbage that has not been properly shredded;
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(9) Sewage containing toxic or poisonous substances in sufficient quantity to injure or interfere
with any sewage treatment process or constituting a hazard in the receiving waters of the
sewage treatment plant;
(10) Any noxious or malodorous matter capable of creating a public nuisance;
(11) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff, subsurface
drainage, ponds or reservoirs. When an unauthorized hookup of a drain or excess infiltration is
found to exist, the city engineer shall notify the property owner that corrective action is
required and shall be accomplished within 60 calendar days. The city engineer may allow
drainage of areas, not to exceed 750 square feet, if that area cannot be economically drained
other than by using the sanitary sewer system;
(12) Contents from any septic tank or cesspool;
(13) Any unauthorized use of an established recreational vehicle dump station for other than
recreational vehicles or camp trailers.
13.20.050 Side sewer responsibilities. (13.04.150)
That portion of any side sewer pipe lying within a street right-of-way or easement shall be kept
within the exclusive control of the city. That portion of the side sewer lying beyond said right-
of-way or easement shall be the responsibility of the sewer customer which is served by the
pipe.
When a side sewer is blocked, it is the responsibility of the sewer customer to remove the
blockage. If the blockage is shown to the satisfaction of the city council to be within the right-
of-way or easement, the city council may reimburse all or part of the cost to remove the
blockage.
13.20.060 Industrial sewer users. (13.04.160)
(1) All major contributing industrial users of the public sewer system shall be required to enter
into an agreement with the city of Port Orchard to provide for the payment of their
proportionate share of the federal share of the capital costs of the sewage project allocable to
the treatment of such industrial waste.
(2) The recovery of the proportionate share of costs shall be determined by agreement
between the city and the industrial user. The share of costs shall be based upon all factors,
which significantly influence the cost of the treatment works, and shall be repaid, without
interest, in at least annual payments during the recovery period, not to exceed the life of the
project or 30 years. In the event the city and users cannot agree as to the proportionate share
to be repaid to the city, said proportionate share shall be determined by arbitration and the
arbitrator shall be appointed by the presiding judge of the Kitsap County superior court.
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(3) All major contributing users discharging into the treatment works shall be required to
comply, within three years, with the pretreatment standards established by the Environmental
Protection Agency. In accordance with the pretreatment requirements, major industries are
defined as those industries that:
(a) Have a wastewater flow of 50,000 gallons, or more, per average day;
(b) Have a wastewater flow greater than one percent of the flow carried by the
municipal system receiving the waste;
(c) Include the discharge of a toxic material.
13.20.070 Low-flow toilet rebate. (13.04.200)
A cash rebate shall be paid to the owners of single-family or multifamily residences for the
installation of a 1.6-gallon low flow toilet replacing a standard toilet when the following
conditions are present:
(1) The homeowner has submitted an application for rebate on a form designated by the city;
and
(2) The installation address has an active water account in good standing with the city.
(3) Multifamily rebates to be limited to the first 250 applications received in a calendar year.
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CHAPTER 13.30 STORM DRAINAGE UTILITY
v.1
13.30.005 Purpose.
13.30.010 Storm drainage utility established.
13.30.020 Powers and authority.
13.30.030 Utility to be administered by director of public works.
13.30.040 Storm drainage utility fund.
13.30.050 Storm drainage rate policy.
13.30.060 Storm drainage service charge calculation.
13.30.070 Undeveloped real property.
13.30.080 Storm drainage service charges.
13.30.090 Property exempt from service charges.
13.30.005 Purpose. (13.06.010)
The purpose of this chapter is to:
(1) Promote public health, safety, and general welfare.
(2) Reduce loss and property damage caused by drainage problems.
(3) Minimize water quality degradation and control erosion and sedimentation of creeks,
streams, ponds, and other water bodies.
(4) Protect the public from stormwater runoff and erosion originating on developing land.
(5) Minimize adverse effects of alteration of groundwater quantities, locations, and flow
patterns.
(6) Ensure the orderly growth of a storm drainage system for the city of Port Orchard.
(7) Identify the rates, fees, and charges necessary for the financial support of the storm
drainage utility.
13.30.010 Storm drainage utility established. (13.06.020)
The city of Port Orchard hereby creates and establishes, pursuant to Chapters 35.23 and 35.67
RCW and Article 11, Section 11 of the Washington State Constitution, a storm drainage utility to
provide for the operation and control of storm drainage and surface water management within
the city and hereby exercises jurisdiction and control thereof.
13.30.020 Powers and authority. (13.06.030)
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The city hereby elects to exercise all lawful powers and authority for the planning, design,
construction, maintenance, administration, operation, acquisition, and condemnation of
property rights and regulation of storm drainage and surface water runoff systems including,
without limitation, all lawful powers to fix, alter, regulate, and control the charges and
conditions of the use thereof.
13.30.030 Utility to be administered by director of public works. (13.06.040)
The storm drainage utility shall be administered by the director of public works or other official
designated by the mayor.
13.30.040 Storm drainage utility fund. (13.06.050)
There is hereby designated a storm drainage utility fund into which all revenues, charges,
grants, taxes, and money from other sources shall be deposited and from which all
expenditures related to the city’s storm drainage and surface water management system shall
be paid. This fund shall be kept in the manner prescribed by state law as to accounting and
reporting procedures and requirements.
13.30.050 Storm drainage rate policy. (13.06.070)
The charges for storm drainage services shall be as set forth in this chapter and shall be
adequate, except in cases of emergency, to provide for administration, engineering and legal
expenses, system operations and maintenance expenses; debt service requirements; funding of
replacement reserves accounts; and system improvement projects. The rate structure for
establishing the amount of service charges assessed against each parcel of developed real
property within the boundaries of the utility shall be based upon the amount of impervious
ground cover contained within each parcel. Except for those properties set forth in POMC
13.XX.XXX, all public entities and public property shall be subject to charges for storm drainage
services to the same extent as private persons and property.
13.30.060 Storm drainage service charge calculation. (13.06.080)
(1) Three thousand square feet of impervious ground cover shall be equal to one impervious
surface unit (ISU).
(2) All single-family residential accounts (including mobile homes) are deemed to contain one
equivalent ISU for purposes of the monthly storm drainage utility service charge.
(3) The utility shall determine the actual number of ISUs contained on multifamily and
commercial properties and these accounts shall pay a service charge to be calculated as
follows: actual impervious ground cover/3,000 square feet x single-family rate. In making the
calculation, fractions shall be rounded to the nearest whole number but not less than one.
13.30.070 Undeveloped real property. (13.06.090)
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Those properties remaining in an undeveloped condition are deemed not to make use of the
services of the utility or its facilities beyond that used by such property in the natural state.
Therefore, no service charge shall be imposed upon that real property within the boundaries of
the utility that is undeveloped.
13.30.080 Storm drainage service charges. (13.06.100)
In accordance with the basis for a rate structure set forth in POMC 13.XX.XXX and 13.XX.XXX,
there is levied upon all developed real property within the boundaries of the utility the
following service charges which shall be collected from the owners of such properties:
(1) Effective January 1, 2009, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be $7.00.
(b) For all duplexes and triplexes, the monthly service charge shall be $7.00 for each
residential unit.
(c) For all other developed property, including but not limited to multifamily and
commercial accounts, the monthly service charge shall be $7.00, multiplied by the number of
ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.XX.XXX.
(2) Effective January 1, 2015, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be $9.70.
(b) For all duplexes and triplexes, the monthly service charge shall be $9.70 for each
residential unit.
(c) For all other developed property, including but not limited to multifamily and
commercial accounts, the monthly service charge shall be $9.70, multiplied by the number of
ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.XX.XXX.
(3) Effective June 1, 2015, the storm drainage charges are shown below:
(a) For all single-family residential accounts, including mobile homes, the monthly
service charge shall be $14.00.
(b) For all duplexes and triplexes, the monthly service charge shall be $14.00 for each
residential unit.
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(c) For all other developed property, including but not limited to multifamily and
commercial accounts, the monthly service charge shall be $14.00, multiplied by the number of
ISUs determined by the utility to be contained in such parcel pursuant to POMC 13.XX.XXX
13.30.090 Property exempt from service charges. (13.06.110)
The following categories of property are exempt from service charges:
(1) City street rights-of-way, all of which are part of the storm drainage system pursuant to the
plan; and
(2) State of Washington and Kitsap County rights-of-way.
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GREEN TEXT = New provisions (not currently included in the POMC)
BLACK TEXT = Existing provisions from the currently adopted POMC 15.32 (with
slight technical revisions, only). Edits to these provisions are shown in track
changes.
Chapter 15.34 (New)
LAND DISTURBING ACTIVITY
15.34.010 Land disturbing activity—Purpose and objectives.
15.34.020 Land disturbing activity—Definitions.
15.34.030 Land disturbing activity—Applicability; additional regulations.
15.34.040 Land disturbing activity—Permits—Decision type.
15.34.050 Land disturbing activity—Administration.
15.34.060 Land disturbing activity—Permit—Form; exemptions.
15.34.070 Land disturbing activity—Permit—Stormwater drainage permit required;
exemptions.
15.34.080 Land disturbing activity—Permit—Submittal requirements.
15.34.090 Land disturbing activity—Permit—Issuance; expiration.
15.34.100 Land disturbing activity—Permit—Final approval.
15.34.110 Land disturbing activity—Standards—Generally.
15.34.120 Land disturbing activity—Standards—Timing of work.
15.34.130 Land disturbing activity—Standards—Drainage.
15.34.140 Land disturbing activity—Standards—Grading.
15.34.150 Land disturbing activity—Standards—Erosion control.
15.34.160 Land disturbing activity—Standards—Hazards.
15.34.170 Land disturbing activity—Maintenance.
15.34.180 Land disturbing activity—Enforcement, violations, and penalties.
15.34.010 Land disturbing activity—Purpose and objectives.
(1) This chapter is intended to regulate clearing, grading, and earthwork construction,
including cuts and fills, within the City of Port Orchard, to protect public health, safety, welfare,
and aesthetics by:
(a) Preventing damage to property and harm to persons caused by excavations and fills;
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(b) Minimizing adverse stormwater impacts generated by the removal of vegetation and
alteration of landforms;
(c) Protecting water quality from the adverse impacts associated with erosion and
sedimentation;
(d) Minimizing the height, steepness, and number of graded slopes;
(e) Minimizing the amount of grading after a property is developed and prepared for
building construction;
(f) Minimizing the height and number of rock and retaining walls;
(g) Protecting critical areas and associated buffers from adverse clearing and grading
activities;
(h) Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of
vegetation;
(i) Establishing minimum access requirements to and around buildings for safety, security,
maintenance, and general use and enjoyment of property;
(j) Establishing administrative procedures for the issuance of permits, approval of plans,
and inspection of clearing and grading operations; and
(k) Providing enforcement and penalties for the violation of this chapter.
15.34.020 Land disturbing activity—Definitions.
Unless otherwise specifically defined in this chapter, the definitions provided in Chapter 15.32
POMC, Stormwater Drainage, shall apply to this chapter.
15.34.030 Land disturbing activity—Applicability; additional regulations.
(1) The provisions of this chapter shall apply to all land disturbing activity, as defined in this
chapter, in the City of Port Orchard.
(2) The requirements of this chapter are in addition to other City codes, standards, and
regulations. Where conflicts exist between the provisions of this chapter and other codes and
standards, the most restrictive shall apply.
(3) The applicant shall comply with this chapter and the City of Port Orchard Design and
Construction Standards, as adopted in Chapter 13.XX POMC; Appendix J of the International
Building Code, as adopted in Chapter 15.04 POMC; Chapter 15.32 POMC, Stormwater Drainage;
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and all equivalent standards approved by the Director.
(4) Requirements administered by other state and local agencies may also apply to clearing
and grading activity. The responsibility for determining the existence and application of other
agency requirements rests solely with the applicant.
15.34.040 Land disturbing activity—Permits—Decision type.
A clearing and grading permit is an administrative decision of the Director, which may be
appealed to city’s hearing examiner as a closed record appeal. The decision of the hearing
examiner on appeal shall be final.
15.34.050 Land disturbing activity—Administration.
(1) The Director shall have the authority to develop and implement procedures to
administer and enforce this chapter.
(2) A clearing and grading permit may be issued as a component of a building permit, or
other permit, rather than as a separate permit. The Director may require that single-family
building permits and clearing and grading permits be combined.
(3) As a condition of any permit issued for activity covered by this chapter, the property
owner shall be required to consent to entry upon the land by the Director or his/her designee
at all reasonable times to inspect the same or to perform any duty imposed upon the Director
by this chapter. If the land is occupied, the Director shall first present proper credentials and
request entry. If the land is unoccupied, a reasonable effort shall be made to locate the owner
or other persons at the site who are in apparent charge or control of the land and demand
entry. If no person is located, the Director may enter said property and shall, with due
diligence, make attempts to notify the owner, occupant, or other person having charge within a
reasonable amount of time of the entry.
15.34.060 Land disturbing activity—Permit—Form; exemptions.
(1) Permit required. A land disturbing activity permit is required to be submitted for all land
disturbing activity and must be obtained prior to the commencement of any land disturbing
activity unless the activity is exempted in this section. A land disturbing activity permit shall be
required regardless of any other permits issued by any other department or governmental
agency who may be interested in certain aspects of the proposed work.
(2) Permit form. Applications shall be on forms prescribed by the Director and shall include
such information as deemed necessary by the Director to establish compliance with this
chapter.
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(3) Permit exemptions. If a person or entity determines that a proposed land disturbing
activity is exempt from obtaining a land disturbing activity permit under this chapter, the
person or entity may consult with the department to confirm the determination or to ensure
compliance with other applicable requirements of this code. A consultation may be requested
in the form of a pre-application meeting.
(4) Permit fee. Application fees shall be collected pursuant to the city’s current fee
schedule to compensate the Department for the investigation, permit administration, plan
review, and ongoing monitoring/inspection of all clearing and grading permit applications. In
Additional review fees required under this code may be applicable to individual clearing and
grading permit applications, including, but not limited to, shoreline management, SEPA, and
critical areas review fees.
(5) Increased fee for work without a permit. Whenever any work for which a clearing and
grading permit is required by this chapter has been commenced without first obtaining a valid
permit, the City may double the clearing and grading application fee. This fee increase may be
imposed in addition to any other enforcement procedures pursuant to this chapter.
(6) Any rockery or other retaining structure greater than four (4) feet in height shall be
permitted under a separate building permit.
15.34.070 Land disturbing activity—Permit—Stormwater drainage permit required;
exemptions.
(1) Stormwater drainage permit required. Except as specifically exempt herein, the
issuance of a stormwater drainage permit pursuant to chapter 15.32 POMC shall be required
for all activities requiring a clearing and grading permit under this chapter .
(2) Exemptions. The following clearing and gradingLand disturbing activities do not require
the issuance of a stormwater drainage permit; provided, that an exemption from issuance of a
stormwater drainage permit under this section does not constitute an exemption from the
other requirements of this chapter or chapter 15.32 POMC:
(a) Excavation for utilities, or for wells or tunnels, under a separate permit.
(b) An excavation below finished grade for basements and footings of a building, retaining
wall, or other structure authorized by a valid building permit. This shall not exempt the
placement of any fill material removed from such an excavation and shall not exempt any
excavation beyond the limits of the basement or footing excavations nor exempt
excavations having an unsupported height greater than five (5) feet after the completion of
such a structure.
(c) Agricultural crop management outside of critical drainage areas limited to the
preparation of soil by turning, discing, or other means endorsed by the Kitsap conservation
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district.
(d) Excavation for cemetery graves.
(e) Landscape installation where fill is confined to less than one (1) foot of topsoil and land
disturbing activities are limited to less than one (1) acre.
(f) The disposal of solid waste, wood waste, problem waste, and demolition waste
authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as may be
amended or as specifically approved by the Bremerton-Kitsap County health district.
(g) Mining, quarrying, excavating, processing, and/or stockpiling of rock, sand, gravel,
aggregate, or clay where established and provided by law and a permit for said activity has
been issued by the state of Washington or the federal government, provided such
operations do not affect the lateral support or increase the stresses in or pressure upon any
adjacent or contiguous land.
(h) Exploratory excavations under the direction of a qualified civil engineer.
(i) Grading activities already approved by separate permit granted by any governing
authority.
(j) Emergency sandbagging, diking, ditching, filling, or similar work during or after periods
of extreme weather conditions when done to protect life or property.
(k) Maintenance activities within public rights-of-way performed by city personnel.
15.34.080 Land disturbing activity—Permit—Submittal requirements.
(1) General requirements. Each application for a land disturbing activity permit shall be
accompanied by plans and specifications and other supporting data, as applicable. The plans
and specifications shall be prepared and signed by a civil engineer registered to practice in the
State of Washington. Plans and specifications for single-family residential construction shall not
require preparation by a licensed engineer unless deemed necessary by the City Engineer.
(2) Soils Report. A soils report shall be prepared by a licensed soils or geotechnical engineer
and shall cover all portions of the project within the engineer’s expertise, including site history;
geologic structures; surface conditions; subsurface conditions; recommendations for
foundation support, site preparation, structural fill, slope stability, and mitigation; design
parameters for retaining structures and structure backfill, surface and subsurface drainage,
dewatering, excavation conditions, and hazards; seismic conditions, erosion, and sedimentation
hazards and controls; use of on-site materials for structural fill and backfill; and pavement
design. The soils or geotechnical engineer shall be retained as the engineer-of-record for the
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duration of the project.
(3) Grading Plan. Land disturbing activities that include grading and which meet the
definition of a major development shall be Grading projects meeting the criteria of POMC
15.32.030(6) shall be required to have an approved engineered grading plan.
(4) Abbreviated Grading Plan. Grading Land disturbing projects activities that include
grading and which meeting the definition of a minor development will require an approved
abbreviated grading plan in lieu of an engineered grading plan. An abbreviated grading plan is a
grading plan that does not require the seal of a professional civil engineer.
(5) Erosion and Sedimentation Control. The grading plan shall include a temporary erosion
and sedimentation control plan. The plan shall clearly indicate the construction sequence for
establishment of all erosion and sedimentation control work, both temporary and permanent.
The plan shall conform to all requirements and standards for erosion and sedimentation control
set forth in POMC 15.32.050in this chapter.
(6) Critical Areas. If the land disturbing activity is proposed to take place in or adjacent to a
critical area as regulated in Title 18 POMC, additional information as required by that title
shall be submitted with the application.
15.34.090 Land disturbing activity—Permit—Issuance; expiration.
(1) Issuance.
(a) After an application has been filed and reviewed, the Director shall determine that the
land disturbing activity complies with the other provisions of this chapter, chapter 15.32
POMC, and all other applicable provisions of this code or request that the application be
corrected or amended to comply with the same.
(b) No land disturbing activity permit shall be issued until approved by any and all federal,
state, and local agencies having jurisdiction, by laws or regulations, pertaining to the
proposed work.
(c) Upon approval of the application and issuance of the land disturbing activity permit, no
work shall be done that is not provided for in the permit.
(2) Mitigation. In issuing a land disturbing activity permit, the Director may require measures
to mitigate the impacts of the land disturbing activity.
(3) Inactivity. An application for a land disturbing activity permit may be canceled for inactivity
if an applicant fails, without reasonable justification, to respond to the Director’s written
request for revisions or corrections within sixty (60) days of receipt of such request. The
Director may extend the response period beyond sixty (60) days if the applicant provides
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and adheres to a reasonable schedule for submitting the full revisions.
(4) Permit expiration. Land disturbing activity permits expire as follows:
(a) If a building permit is issued for the same site, the land disturbing activity permit shall
automatically expire or be extended when the building permit expires or is extended; or
(b) If a building permit is not issued for the same site, the land disturbing activity permit
shall expire if the authorized work has not begun within 180 days from the date of
permit issuance, or if work is abandoned for over sixty (60) consecutive days, unless an
extension has been granted. The applicant shall be responsible for notifying the
Director, in writing, if delays or unforeseen circumstances are impacting the start or
continuation of the work. If the authorized work is continually performed, the permit
shall expire one (1) year from the date of issuance, unless a different time frame is
specified on the permit or an extension is granted.
(5) Permit extensions. Up to two one-year extensions may be granted by the Director;
provided, that conditions which were relevant to issuance of the permit have not changed
substantially and no material detriment to the public welfare will result from the extension.
The applicant shall be responsible for notifying the Director, in writing, if delays or
unforeseen circumstances are impacting the completion of the work. An extension may be
granted by the Director, provided the applicant provides the following:
(a) A written request and applicable fee. The request should be submitted no later than
sixty (60) days prior to expiration of the permit; and
(b) The applicant’s project engineer submits a signed statement certifying that they have
reviewed the current physical conditions of the site and such conditions have not
changed to a degree as to require a revision to the design of the site in order to remain
consistent with the applicable standards and requirements which were in effect at the
time of the original land disturbing activity permit approval and the associated land use
approval (if any).
(6) Failure to pick up permit. When a land disturbing activity permit is ready to be issued, the
applicant shall be notified and must pick up the permit within sixty (60) days of notification.
If the permit is not picked up within sixty (60) days of notification, it may be canceled by the
Director and become null and void. If the permit is canceled, the Director shall notify the
applicant by mail.
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15.34.100 Land disturbing activity—Permit—Final approval.
(1) The Director shall give final approval to the land disturbing operations once all the work is
completed per the permit. The following must be completed, as a minimum, prior to final
approval:
(a) All land disturbing activity must be complete;
(b) The site shall be permanently stabilized, temporary erosion control measures removed,
and storm drainage control facilities constructed and operational;
(c) The site shall be in a neat and orderly manner, free from junk, trash, debris, equipment,
stockpiles and other construction materials;
(d) All required reports, certification letters, as-built drawings, and other documents shall
be submitted and approved by the City;
(e) The site shall be free of hazards; and
(f) All disputes regarding property damage caused by the clearing and grading operations
shall be resolved to the satisfaction of the Director.
(2) The Director shall not issue final approval for any development proposal or issue a
certificate of occupancy or final building inspection for property that has not received final
approval for the land disturbing activity operations.
(3) Final Reports. Upon completion of the land disturbing activity, the professionals having
conducted inspections in their respective areas shall submit, in a form acceptable to the
Director, final reports certifying that all portions of the project pertaining to their area of
expertise have been constructed in accordance with the approved plans and specifications.
The reports shall identify problems encountered, field changes, methods or designs utilized
to correct deficiencies, and other information deemed necessary by the Director.
(a) Geotechnical Engineer. For clearing and grading activities, the geotechnical engineer
shall submit a final soil grading report prepared by the geotechnical engineer, including
locations and elevations of field density tests, summaries of field and laboratory tests,
final description of the geology of the site including any new information disclosed
during the grading and the effect of same, and other substantiating data and comments
on any changes made during grading and their effect on the recommendation made in
the approved geotechnical report. The geotechnical engineer shall provide certification
as to the adequacy of the site for the intended use as affected by soil and geologic
factors.
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(b) Civil Engineer. For clearing and grading activities, a civil engineer shall submit an as-built
grading plan, including original ground surface elevations, as-graded ground surface
elevations, lot drainage patterns, and locations and elevations of all surface and
subsurface drainage facilities. The civil engineer shall provide certification that the work
was done in accordance with the final approved grading plan. Upon completion of the
work, a reproducible as-built drawing, stamped by the civil engineer of record, of the
storage, conveyance, and discharge elements of the detention system and the newly
constructed downstream components of the storm drainage system shall be required.
The Director may require additional information in respect to any significant deviations
from the approved plans, specifications, or reports.
(c) Special Inspectors. Special inspectors, if any, shall submit final reports describing original
and final conditions, changes, and methods utilized to correct deficiencies or mitigate
specific conditions.
15.34.110 Land disturbing activity—Standards—Generally.
(1) This chapter sets forth minimum standards which shall apply to grading land disturbing
activities as defined in chapter 15.32 POMCdescribed in POMC 15.32.030(3). For
circumstances not specifically addressed in this chapter or the Sstormwater design
Mmanual, the provisions of the Uniform Building Code shall apply.
(2) All land disturbing activities within the City, regardless of whether a permit is required, shall
meet the performance and restoration standards and requirements of this chapter and shall
include the use of low impact development best management practices pursuant to chapter
15.32 POMC to reduce erosion and protect water and air quality.
(3) All land disturbing activities within critical areas and their associated buffers shall conform
to the applicable provisions of this chapter and Title 18 POMC. The applicant shall be
responsible for obtaining and coordinating all required state or federal permits associated
with the filling of wetlands or other regulated activities.
15.34.120 Land disturbing activity—Standards—Timing of work.
All work permitted under this chapter shall proceed continuously to completion in an
expeditious manner unless otherwise authorized by the Director, with the intent that work may
be halted due to weather conditions or the need to coordinate other construction on the
project site. Stormwater management permits, issued for grading only, shall be administered in
accordance with chapter POMC 15.32 POMC.030(5).
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15.34.130 Land disturbing activity—Standards—Drainage.
(1) All grading land disturbing activities shall conform to the requirements of this chapter
concerning stormwater management.
(2) Where required by the Director, all discharge of runoff from the project site shall be of like
quality, flow rate, and velocity as that which flowed from the project site prior to the work
for which the stormwater management permit has been issued.
(3) Stormwater flows shall be accepted onto, and shall be discharged from, a project site at the
natural or otherwise legally existing locations.
15.34.140 Land disturbing activity—Standards—Grading.
(1) The maximum surface gradient on any artificially created slope shall be two feet of
horizontal run to one foot of vertical fall. This gradient may be increased to that gradient
which can be demonstrated through engineering calculations to be stable, if, in the opinion
of the director, it has been demonstrated by the applicant through engineering calculations
performed by a qualified professional engineer that surface erosion can be controlled to
that erosion rate equal to a properly stabilized two to one slope under the same conditions.
(2) The applicant shall, at all times, protect adjacent private properties and public rights-of-way
or easements from damage occurring during grading operations. The applicant shall restore
public improvements damaged by his/her operations.
15.34.150 Land disturbing activity—Standards—Erosion control.
(1) Minor Developments. All minor developments, as defined in this chapterchapter
15.32.POMC, shall be required to control erosion and sedimentation during construction, to
permanently stabilize soil exposed during construction, and to comply with the minor
development requirements described in subsection (2)(a) through (e) of this section.
(2) Minor Development Requirements.
(a) Construction Access Route. Construction vehicle access shall be, whenever possible,
limited to one route. Access points shall be stabilized with quarry spall or crushed rock
to minimize the tracking of sediment onto public roads.
(b) Stabilization of Denuded Area. All exposed and unworked soils not actively being
worked shall be stabilized by suitable application of BMPs. From September 15th
through April 30th, soils not actively being worked shall remain unstabilized for no more
than 48 hours. From May 1st through September 14th, the owner or contractor shall
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have the materials readily available to stabilize denuded areas as site and weather
conditions dictate. Prior to leaving the site, stormwater runoff shall pass through a
sediment pond, sediment trap, or other appropriate BMP.
(c) Protection of Adjacent Properties. Adjacent properties shall be protected from
sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or
filters, dikes or mulching, or by a combination of these measures and other appropriate
BMPs.
(d) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and
maintained to ensure continued performance of their intended function.
(e) Other BMPs. Any adverse effects of increased runoff resulting from land disturbing
and/or land development activities shall be controlled by appropriate BMPs.
(3) Major Developments. Any new development meeting the definition of a major
development in chapter 15.32 POMC shall comply with subsection (4) of this section. For
any redevelopment project meeting the definition of a major development, those portions
of the site that are being redeveloped shall comply with subsection (4) of this section.
(4) Major Development Erosion and Sedimentation Control Minimum Requirements.
(a) Erosion and Sedimentation Control Plan Required. Compliance with the erosion and
sedimentation control requirements of this section shall be demonstrated through the
implementation of an approved erosion and sedimentation control plan.
(b) Stabilization and Sediment Trapping. All exposed soils shall be stabilized by suitable
application of BMPs, including but not limited to sod or other vegetation, mat covering,
mulching, or application of compacted ground base material on areas to be paved. All
BMPs shall be selected, designed and maintained in accordance with the manual. From
September 15th through April 30th, soils not actively being worked for more than 48
hours shall be protected or stabilized. From May 1st through September 14th, soils not
actively being worked for more than seven days shall be protected and stabilized by the
owner or contractor.
(c) Delineate Clearing and Easement Limits. Clearing limits and/or any easements, setbacks,
sensitive/critical areas and their buffers and drainage courses shall be clearly marked in
the field, and on the construction plans.
(d) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment
deposition by appropriate use of vegetative buffer strips, sediment barriers or filters,
dikes or mulching, or by a combination of these measures and other appropriate BMPs.
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(e) Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps,
perimeter dikes, sediment barriers and other BMPs intended to trap sediment on-site
shall be constructed as a first step. These BMPs shall be functional before land
disturbing activities take place. Earthen structures such as dams, dikes, and diversions
shall be stabilized according to the timing indicated in the erosion and sedimentation
control requirement in subsection (4)(a) of this section.
(f) Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner
that will minimize erosion. In addition, slopes shall be stabilized in accordance with the
erosion and sedimentation control requirement in subsection (4)(a) of this section.
(g) Controlling Off-Site Erosion. Properties and waterways downstream from development
sites shall be protected from erosion due to increases in the velocity of stormwater
runoff from the development site.
(h) Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site
conveyance channels shall be designed, constructed, and stabilized to prevent erosion
from the expected flow velocity from a two-year/24-hour duration storm for the post-
development condition. Stabilization adequate to prevent erosion of outlets, adjacent
streambanks, and slopes shall be provided at the outlets of all conveyance systems.
(i) Inlet Protection. All storm drain inlets made operable during construction shall be
protected so that stormwater runoff does not enter the conveyance system without first
being filtered or otherwise treated to remove sediment. The requirement for inlet
protection may be waived on a site-specific basis when the conveyance system
downstream of the inlet discharges to an appropriate sediment containment BMP and
the conveyance system can be adequately cleaned following site stabilization.
(j) Underground Utility Construction. The construction of underground utility lines shall be
subject to the following criteria:
(i) For trenches on a downslope of more than five percent, no more than 500 feet of
trench shall be opened at one time, unless otherwise approved by the director.
(ii) Where consistent with safety and space considerations, excavated material shall be
placed on the uphill side of trenches.
(iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(k) Constructed Access Routes. Wherever construction vehicle access routes intersect
paved roads, provisions must be made to minimize the transport of sediment (mud)
onto the paved road by use of appropriate BMPs such as a stabilized construction
entrance. If sediment is transported onto a road surface, the roads shall be cleaned
thoroughly, as a minimum, at the end of each day. Sediment shall be removed from
roads by shoveling or sweeping and be transported to a controlled sediment disposal
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area. Street washing shall be allowed only after sediment is removed in this manner.
(l) Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap
or sediment pond.
(m) Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other
than sediment that occur on-site during construction shall be handled and legally
disposed of in a manner that does not cause contamination of stormwater.
(n) Maintenance. All temporary and permanent erosion and sedimentation control BMPs
shall be maintained and repaired as needed to assure continued performance of their
intended function. All maintenance and repair shall be conducted in accordance with
the manual. The applicant shall be responsible for assuring that any such facilities
damaged during floods, storms or other adverse weather conditions are immediately
returned to normal operating condition.
(o) Removal of Temporary BMPs. All temporary erosion and sedimentation control BMPs
shall be removed within 30 days after final site stabilization is achieved or after the
temporary BMPs are no longer needed. Trapped sediment shall be removed or
stabilized on-site. Disturbed soil areas resulting from removal of temporary BMPs shall
be permanently stabilized. The removal of temporary erosion and sedimentation control
BMPs may not be required for those projects, such as single-family plats, that will be
followed by additional construction under a different permit. In these circumstances,
the need for removing or retaining the measures will be evaluated on a site-specific
basis.
(p) Financial Liability. A performance covenant, performance bonding, or other appropriate
financial instruments, required by POMC 15.3215.32.040, shall ensure compliance with
the approved erosion and sedimentation control plan.
(5) Erosion Control Design Storm Event. Facilities designed for the control of erosion and
sedimentation shall be designed for the erosion and sedimentation control design storm
event, defined as the six-month, 24-hour duration storm.
15.34.160 Land disturbing activity—Standards—Hazards.
Whenever the Director determines that an existing excavation, embankment, or fill on private
property has become a hazard to public safety, endangers property, or adversely affects the
safety, use or stability of a public way, critical drainage area, or drainage channel, such
conditions shall become a violation of chapter 15.32 POMC.
15.34.170 Land disturbing activity—Maintenance.
It shall be the responsibility of the applicant to maintain all erosion control and drainage
facilities in good operating condition at all times, as required in this chapter and chapter 15.32
POMC.POMC 15.32.050.
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15.34.180 Land disturbing activity—Enforcement, violations, and penalties.
(1) Permit Suspension/Revocation. The Director may suspend work or revoke a land disturbing
activity permit, as appropriate, whenever:
(a) The work is not authorized by a valid permit;
(b) The applicant requests such revocation or suspension;
(c) The work does not proceed in accordance with the plans, as approved, or is not in
compliance with the requirements of this chapter or other applicable City ordinances;
(d) Entry upon the property for the purposes of investigation or inspection has been
denied;
(e) The applicant has made a misrepresentation of a material fact in applying for such
permit;
(f) The progress of the work indicates that the plan is or will be inadequate to protect
the public, the adjoining property, the street, critical areas, the drainage system, or
other utilities, or the work endangers or will endanger the public, the adjoining
property, the street, protected areas, the drainage system or other utilities;
(g) The required project security has expired or been expended to the point that it no
longer provides assurance of completion of the project in compliance with the terms of
the permit; or
(h) The permit has not been acted upon or extended within the time allowed pursuant
to this chapter.
(2) Except as otherwise provided in this chapter, any violation of any provision of this chapter
constitutes a civil code violation subject to and enforced pursuant to the provisions of Chapter
2.64 POMC.
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Chapter 20.122
COMMON DEVELOPMENT STANDARDS—DENSITY AND DIMENSIONS
20.122.010 Purpose.Common development standards.
20.122.020 Interpretation of table.
20.122.025 Densities and dimensions.
20.122.030 Measurement methods.
20.122.040 Calculations – Net useable site area.
20.122.050 Calculations – Allowable dwelling units.
20.122.060 Density credits.
20.122.070 Lot area – Reduction prohibited.
20.122.080 Setbacks – Modifications.
20.122.090 Setbacks – Regional utility corridors.
20.122.100 Setbacks – Alleys.
20.122.110 Setbacks – Adjoining half-street rights-of-way.
20.122.120 Setbacks – Projections allowed.
20.122.130 Heights – Exceptions to limits.
20.122.010 Purpose.Common development standards.
The purpose of this chapter is to establish basic dimensional standards requirements for development in
relation to residential density and basic dimensional standards, as well as specific rules for general
application. These standards and rules are established to provide flexibility in project design, provide
solar access, and maintain privacy between adjacent uses.
20.122.020 Interpretation of table.
(1) The table in POMC 20.122.025The density and dimension tables are contains general density and
dimension standards for the various zones within the City, as well as limitations specific to a particular
zone(s). Additional rules, exceptions, and methodologies relating to density and dimension are set forth
in POMC 20.122.XXX through 20.122.XXX.
(2) The densities and dimensions table in POMC 20.122.025 is arranged in a matrix format. in a separate
table. Development standards are listed down the left side of the table, and the zones are listed at the
top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical
numbers in the matrix identify specific requirements applicable to a specific use or zone. A blank box
indicates that the standard does not apply in that situation. If more than one standard appears in a cell,
each standard will be subject to any applicable parenthetical footnote following the standard. See Table
20.122.025, Densities and Dimensions.
(2) Minimum lot sizes must be met as defined in the densities and dimensions table unless otherwise
approved by the city council within a planned residential development (PRD).
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20.122.025 Densities and dimensions.
Table 20.122.025 – Densities and Dimensions
ZONES
P = Permitted
C = Conditional
Greenbelt
including
Conservation
and Open
Space
Residential
– 4.5
Units/Net
Useable
Acre
Residential
– 8.0
Units/Net
Useable
Acre
Residential
– 12.0
Units/Net
Useable
Acre
Residential
– 20.0
Units/Net
Useable
Acre
Commercial
Retail and
Office
Business
Professional
Mixed
Use
District
Employment
Industrial and
Office
Community
Facilities
STANDARDS Gb R4.5 R8 R12 R20 Co BP Mxd Eo Cf
Density (dwelling units/gross useable acres)
Maximum density
(22) 0.5 4.5 8.0 12.0 20.0 12.0 30.0
(22)
Minimum lot size
(10)(13)(14) 6,000 5,445 3,630 2,178 3,630
Minimum setback in feet
Street right-of-
way (1)(11) 30 15 15 15 15 10 10 10 30 (12) 15
Side yard 5 5 5 5 5 5
Rear yard (9) 10 10 10 10 10 5
Corner lot rear
yard 5 5 5 5 5 5
From adjacent
residential zoning
(2) 5 5 5 20 20
From adjacent
nonresidential
zoning (2)(3) 5 5 5 5 5
Maximum site coverage in percent of net useable acres
Maximum
covered
surfaceimpervious
surface (4)
15% 45% 75% 85% 85% 85% 95% 95% 85% 95%
Landscaped area –
Softscape (5) 85% 55% 25% 15% 15% 15% 5% 5% 15% 5%
Landscaped area –
Hardscape (6) 15% 5% 5% 15% 5%
Maximum building height in feet
Standard
maximum
allowed (7)
33 33 33 33 33 33 33 33 33 33
Within view
protection district
(8)(15)
15 15 15 15 15 27 27 27 27 27
Downtown
overlay district –
North side of Bay
27 27 27 27 27 27 27 27 27 27
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1. Measured from the existing edge of a street right-of-way. Applies to front yards, corner lots, and
through lots.
2. From side or rear site or property boundary line. May be zero feet minimum within the mixed use
district in the downtown area as allowed by the International Building Code (IBC).
3. May be zero lot line if structures meet IBC fire code and emergency access.
4. Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use
developments within the downtown district may achieve 95 percent site coverage. Mixed use outside of
downtown shall be no more than 85 percent site coverage.
5. Softscape may include perimeter buffers, parking lot plantings, and other landscape with soil or other
natural surfaces.
6. Hardscape may include patios, plazas, entryways, and other paved or hard surfaced
pedestrian/landscaped areas in lieu of softscape. Unless hardscape surfaces are constructed with
permeable materials pursuant to POMC XX.XX.XXX, the hardscape surface area shall be included in
calculating the maximum impervious surface percentage.
7. Building height is measured to the roof drip line at any point around the structure from the lowest
point of the finished grade, unless a fire protection plan is approved by both the city development
director and the fire authority.
Street (16)(18)(21)
Downtown
overlay district –
South side of Bay
Street (17)(18)(21)
39 39 39 39 39 39 39 39 39 39
Downtown
overlay district
gateways – Bethel
Avenue (19)(21)
39 39 39 39 39 39 39 39 39 39
Downtown
overlay district
gateways – North
side of Bay Street
(16)(18)(21)
27 27 27 27 27 27 27 27 27 27
Downtown
overlay district
gateways – South
side of Bay Street
(17)(18)(21)
39 39 39 39 39 39 39 39 39 39
Downtown
overlay district
(20)(21)
27 27 27 27 27 27 27 27 27 27
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8. View protection districts are established separately by city council resolution. Additional height may
be allowed as a conditional use. Refer to POMC 20.122.030 and view protection overlay district
standards, POMC 16.20.700 through 16.20.713.
9. Except as defined in POMC 20.122.100.
10. All lot sizes are measured in square feet unless a planned residential development has been
approved pursuant to POMC XX.XX.XXX by the city council.
11. If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten-
foot front yard setback also applies to residential flag lots measured from the property line closest to
the main entrance to the residence.
12. For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be
provided.
13. Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot
size. Instead, minimum lot size shall be 5,000 square feet or any single lot of record in separate
ownership on August 28, 1972.
14. See small lot development standards.
15. For purposes of the view protection overlay district, building height shall be measured to the mid-
line of the roof from the elevation of the uphill property line.
16. Maximum building height may be increased from 27 feet up to a maximum of 39 feet through
conditional use permit approval pursuant to POMC XX.XX.XXX.
17. Maximum building height may be increased from 39 feet up to a maximum of 55 feet through
conditional use permit approval pursuant to POMC XX.XX.XXX.
18. For the purposes of those lots abutting Bay Street within the downtown overlay district, building
height shall be measured from the existing Bay Street elevation.
19. Maximum building height may be increased from 39 feet up to a maximum of 55 feet through
conditional use permit approval. Building height shall be measured from the existing elevation of Bethel
Avenue at the parcel’s frontage pursuant to POMC XX.XX.XXX.
20. Maximum building height may be increased from 27 feet up to a maximum of 39 feet through
conditional use permit approval. Building height shall be measured from the uphill elevation of either
the existing or finished grade, whichever is lower, at the foundation or slab. Average uphill elevation
shall be used if not level pursuant to POMC XX.XX.XXX.
21. Building height shall be measured to the highest point of the structure or any appurtenance of the
structure.
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22. The maximum density allowed in the mixed use zone within the central downtown overlay district
shall be 48 units per acre.
20.122.030 Measurement methods.
The following provisions shall be used to determine compliance with this chaptertitle:
(1) Street setbacks shall be measured from the existing edge of public rights-of-way, improved or
unimproved.
(2) Structure height shall be measured from the uphill elevation of the finished grade at the slab or
foundation, whichever is lower, to the highest point on the structure roof. If the uphill elevation is not
level, then the average uphill elevation shall be the measurement basis.
(3) Lot area shall be the total horizontal land area contained within the boundaries of a lot.
(4) Impervious surface calculations shall not include areas of turf, softscape landscaping, natural
vegetation, or surface water retention/detention facilities.
20.122.035 Calculations—Minimum and maximum density.
(1) The minimum density shall be calculated by multiplying the development’s subject site net useable
site area, as calculated pursuant to POMC 20.122.040, by the minimum number of dwelling units
required in the applicable zoning district.
(2) The maximum density shall be calculated by multiplying the development’s subject site net useable
site area, as calculated pursuant to POMC 20.122.040, by the maximum number of dwelling units
allowed in the applicable zoning district.
(3) The units associated with assisted living, congregate care, nursing home, residential care facilities
and the like, that rely on shared cooking/dining facilities, will not be counted for purposes of the
minimum/maximum density calculation. Independent dwelling units (i.e., containing a bed, bathroom,
and a kitchen with a sink, stove, and refrigerator) in such group living residential uses, however, shall be
counted as individual dwelling units in the density calculation. The density for non-independent dwelling
units shall not be transferred to another portion of the development.
20.122.040 Calculations – Net useable site area.
The net useable site area is the development subject site’s total (gross) site area minus areas for public
rights-of-way, private road easements, designated critical areas and buffer protection, and stormwater
management facilities; but not including parks and public or private recreation facilities dedicated or
created as an integral part of the development. The area of a lot which may be used in the calculation of
allowed dwelling units shall be the total site area less sensitive environmental features (equal to gross
useable site area) and dedications as these areas are defined elsewhere in this code.
20.122.050 Calculations – Allowable dwelling units.
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Permitted number of units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying the net useable
site area by the applicable residential density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as
follows:
(a) Fractions of 0.50 or above shall be rounded up; and
(b) Fractions below 0.50 shall be rounded down.
20.122.060 Density credits.
Critical areas and their buffers may be used in the calculation of allowed residential density whenever
two or more residential lots or two or more multifamily dwelling units are created subject to the
following limitations:
(1) Full density credit shall be allowed for erosion and seismic hazard areas. Flood hazard areas outside
of streams, wetlands, or associated buffers shall be counted for full density credit.
(2) No density credit shall be allowed for streams, lakes, ponds, and other bodies of water.
(3) Partial to full density credit shall be allowed for steep slopes, landslide hazard areas, wetlands, and
required buffers for any critical area according to the following table:
Percent of Site in Buffers
and/or Critical Areas
(percent)
Density Credit
(percent)
1 – 10 100
11 – 20 90
21 – 30 80
31 – 40 70
41 – 50 60
51 – 60 50
61 – 70 40
71 – 80 30
81 – 90 20
91 – 99 10
(4) Allowed density on sites containing critical areas shall be calculated as follows:
(a) Determine the percentage of site area in critical areas and buffers by dividing the total area in
required critical areas and buffers by the total site area.
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(b) Multiply the density credit percentage set forth in subsection (1) of this section by the site area in
critical areas and buffers to determine the effective critical area.
(c) Add the effective critical area to the site area not in critical areas or buffers. The resulting acres shall
be considered the effective site area for purposes of determining the allowable dwelling units pursuant
to the zoning regulations.
(d) By way of example, the density credit provisions apply as follows for a 10-acre site under the R8
zone:
(i) The square feet in the site is 435,600 of which ponds include 45,000 square feet, steep slopes include
82,000 square feet, and required wetland buffers include 60,000 square feet.
(ii) Divide the total amount of critical areas and buffers (187,000 square feet) by the total site (435,600
square feet) equal to 42.9 percent.
(iii) Apply the density credit from the chart (equal to a 60 percent density credit where the amount of
site in a critical area is between 41 and 50 percent).
(iv) Multiply the steep slopes and required buffers only (142,000 square feet since no credit is received
for ponds) by the density credit of 60 percent equal to 85,200 square feet.
(v) Add the unconstrained site area (248,600 square feet) plus the critical area density credit (85,200
square feet) to create the effective site area for density calculations (333,800 square feet).
(vi) Divide the total effective site area by 43,560 square feet to determine acreage (333,800 square
feet/43,560 square feet/acre equals 7.6 acres) and multiply by the density allowed in the R8 zone (7.6
acres multiplied by eight dwelling units/acre) equals 60.8 which is rounded up to 61 dwelling units
maximum (note that the maximum density may be reduced by other provisions of this code).
(5) The density transfer can be utilized only within the development proposal site. The applicant may
cluster and configure the site’s development to accommodate the transfer of density but cannot change
the type of uses or housing products allowed within the zone proper.
20.122.070 Lot area – Reduction prohibited.
Any portion of a lot that was required to calculate and ensure compliance with the standards and
regulations of this chaptertitle shall not be subsequently subdivided or segregated from such lot. (Ord.
046-07 § 2 (Exh. A)).
20.122.080 Setbacks – Modifications.
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks required by this
chapter shall not apply along the common property lines.
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(2) When a lot is located between lots with structures having nonconforming street setbacks, the
required street setback for such middle lot may be the average of the two nonconforming setbacks or 60
percent of the required street setback, whichever results in the greater street setback.
20.122.090 Setbacks – Regional utility corridors.
(1) In subdivisions and short subdivisions, areas used as regional utility corridors as identified in this
code shall be contained in separate tracts.
(2) In other types of land development permits, easements shall be used to delineate such corridors.
(3) All buildings shall maintain a minimum distance of five feet from property or easement lines
delineating the boundary of regional utility corridors, except for utility structures necessary to the
operation of the utility corridor and/or as required by the Department of Health. (Ord. 046-07 § 2 (Exh.
A)).
20.122.100 Setbacks – Alleys.
(1) Structures may be built no closer than 15 feet from the center line of an abutting alley.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of
10 feet from the alley property line to provide a driving surface.
20.122.110 Setbacks – Adjoining half-street rights-of-way.
In addition to providing the standard street setback, a lot adjoining a half-street right-of-way or
designated arterial shall provide an additional width of street setback sufficient to accommodate
construction of the future planned right-of-way.
20.122.120 Setbacks – Projections allowed.
Projections complying with the adopted International Building Code may extend into the required
setbacks as follows:
(1) On ground and upper floor uses in all districts and on upper floor uses only in the mixed use district
(Mxd) in the downtown area – fireplace structures, bay or garden windows, enclosed stair landings,
closets, or similar structures may project into any setback, provided such projections are:
(a) Limited to two per facade;
(b) Not wider than seven feet; and
(c) Not more than 24 inches into an interior setback or 24 inches into a street setback.
(2) Uncovered porches and decks which exceed 18 inches above the finished grade may project:
(a) Twenty-four inches into interior setbacks; and
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(b) Six feet into the street setback except where the allowable setback is zero feet as in the mixed use
district within the downtown area.
(3) Uncovered porches and decks not exceeding 18 inches above the finished grade may project to the
property line.
(4) Roof eaves, including any part of a roof structure whether unsupported or supported by diagonal
bracing to the building, must be more than seven feet above finished grade and may not project more
than:
(a) Twenty-four inches into an interior setback including within a zero lot line development; or
(b) Twenty-four inches into a street setback except where the allowable setback is zero feet as in the
mixed use district within the downtown area.
(5) Fences with a height of six feet or less may project into any setback; provided, that the sight distance
requirements are maintained along street corridors.
20.122.130 Heights – Exceptions to limits.
The following structures may be erected above the height limits:
(1) Roof structures housing or screening the following: elevators, fire access stairways, tanks, ventilating
fans, fire or parapet walls, skylights, or similar equipment required for building operation and
maintenance; and
(2) Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication transmission
structures, utility line towers and poles, and similar structures.
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Chapter 20.124
DEVELOPMENT STANDARDS—PARKING AND CIRCULATION STANDARDS
20.124.100 Off-street parking design standards.
(1) The most distant parking space shall not be located more than 500 feet away from the nearest
building entrance it is required to serve. Where the off-street parking areas do not abut the buildings
they serve, the required maximum distance shall be measured from the nearest building entrance that
the parking area serves:
(a) For all nonresidential uses permitted in residential zones, the parking spaces shall be located on the
same lot they are required to serve and at least a portion of parking areas shall be located within 150
feet from the nearest building entrance they are required to serve.
(b) For all uses permitted within downtown mixed use district (Mxd), the parking spaces may be located
on consolidated off-site parking lots distributed at accessible locations about the downtown district.
(2) Minimum parking space and aisle dimensions shall be determined by the planning director.
Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be
at least 20 feet wide. Parking plans for angle parking shall use space widths no less than eight feet, six
inches for a standard parking space design and eight feet for a compact car parking space design.
(3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall
provide an additional 18 inches above the minimum space width requirement to provide a place to step
other than in the landscaped area. The additional width shall be separated from the adjacent parking
space by a parking space division stripe. The parking space depth may be reduced when vehicles
overhang a walkway under the following conditions:
(a) Wheelstops or curbs are installed.
(b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for
pedestrians.
(4) The amount of space depth reduction is limited to a maximum of 18 inches.
(5) Ingress and egress between off-street parking areas and abutting streets shall be designed, located,
and constructed in accordance with Port Orchard street standards.
(6) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on
the site, as specified in the International Building Code. Lighting shall be designed to minimize direct
illumination of abutting properties and adjacent streets. The planning director shall have the authority
to waive the requirement to provide lighting.
(7) Tandem or end-to-end parking is allowed in single-family detached residential developments.
Driveways crossing required setback areas may be used for parking when serving single-family detached
dwellings but shall not be considered for purposes of calculating required parking. Attached single-
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family and multifamily developments may have tandem parking areas for each dwelling unit but shall
not combine parking for separate dwelling units in tandem parking areas.
(8) All required vehicle parking must be on a paved surface.
(9) LID best management practices (BMPs) shall be used for all parking lot design and construction,
unless site and soil conditions make LID infeasible as determined by the City. LID BMPs for parking lot
design and construction include, but are not limited to:
a. Pervious surfacing;
b. Integrating stormwater management facilities, such as bioretention swales, with required
parking lot landscaping; and
c. Using native species in the landscape design.
d. LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance
Manual for Puget Sound (current edition).
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Chapter 20.128
DEVELOPMENT STANDARDS—LANDSCAPING STANDARDS
20.128.010 Purpose.Landscape standards.
20.128.020 Applicability.
20.128.030 Exempt areas.
20.128.032 Landscape materials.
20.128.035 Integration with LID stormwater management facilities.
20.128.040 General landscape requirements.
20.128.050 Alternative landscape options.
20.128.060 Irrigation.
20.128.070 Landscape installation – Timing.
20.128.080 Urban streetscape/pedestrian boardwalk corridors.
20.128.090 Roadway corridors and street frontages.
20.128.100 Buffers and urban buffers.
20.128.110 Walkway and trail corridors.
20.128.120 Greenways.
20.128.130 Street trees.
20.128.140 Buildings and yards.
20.128.150 Screening.
20.128.160 Parking lots.
20.128.180 Significant tree retention.
20.128.190 Significant tree retention plan.
20.128.200 Incentives for retaining significant trees.
20.128.210 Protecting significant trees.
20.128.220 Replacement of significant trees.
20.128.230 Tremont Street corridor overlay district landscape standards (TRMT).
20.128.231 TRMT landscape standards – Generally.
20.128.232 TRMT landscape as buffering.
20.128.234 TRMT landscape area ratio.
20.128.236 TRMT landscape irrigation.
20.128.237 TRMT landscape maintenance.
20.128.238 TRMT landscape sizes.
20.128.239 TRMT landscape spacing.
20.128.240 Downtown overlay district landscape standards (DOD).
20.128.290 Maintenance.
20.128.295 Bonds and security.
20.128.296 Landscape design requirements.
20.128.297 Suggested landscape materials.
20.128.010 Purpose.Landscape standards.
(1) The purpose of this chapter is to preserve the aesthetic character of the community, improve the
aesthetic quality of the built environment, promote retention and protection of existing native
vegetation, reduce the impacts of development on storm drainage systems and natural habitats, and
increase privacy for residential zones.
(2) These goals are established through standards which that:provide
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(a) Provide visual relief from large expanses of parking areas and reduce perceived building
scale; provide
(b) Provide physical separation between residential and nonresidential areas; provide
(c) Provide visual screens and barriers as a transition between differing land uses;
(d) Rretain existing vegetation and significant trees by incorporating them into the site design;
(e) Ppromote the use of native and drought-tolerant plant materials; and
(f) Pprovide areas of permeable surface to allow for infiltration of surface water into
groundwater resources, reducetion in the quantity of stormwater discharge, and improvement in the
quality of stormwater discharge.
20.128.020 Applicability.
(1) All development shall be subject to the landscaping provisions and requirements of this chapter;
provided, that specific landscaping and tree retention provisions for uses established through a
subdivision, short subdivisions, binding site plan, or conditional use permit application shall be
determined during the application review process.
(2) Landscaping standards referenced in POMC 20.128.XXX through 20.128. XXX shall be applicable
within the Tremont Street corridor overlay district (TRMT).
(3) Landscaping standards referenced in POMC 20.128.XXX through 20.128. XXX shall be applicable
within the Downtown overlay district (DOD).
All new development including subdivisions and commercial, except single structure residential lot
developments or short plats, shall be subject to the landscaping and significant tree retention provisions
of this chapter; provided, that specific landscaping and tree retention provisions for uses established
through a conditional use permit shall be determined during the applicable review process. For the
purpose of this chapter, a new development is one that requires a substantial improvement as defined
in this code.
20.128.030 Exempt areas.
Development along both sides of Bay Street from the crosswalk at Harrison Avenue to Orchard Avenue
is exempt from the landscaping requirements of this chapter.
20.128.032 Landscape materials.
Recommended species/variations of suitable landscape plants are shown in Table 20.128.297,
Suggested Landscape Materials. An applicant may select from the suggested list or propose other
alternative planting materials based on the objectives for the landscape zones outlined in this chapter.
All proposed landscape plantings within these zones shall be reviewed and approved by the planning
dDirector or his or her designee.
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20.128.035 Integration with LID stormwater management facilities.
The required landscape design requirements in this chapter may be integrated with LID stormwater
management facilities and BMPs unless site and soil conditions make LID infeasible, subject to the
approval of the Director and Public Works Department. LID facilities shall not compromise the purpose
or intent of required landscaping and landscaping shall not result in the disruption of the LID facilities’
functions. LID facilities shall be designed and constructed in accordance POMC XX.XX.XXX and the LID
Technical Guidance Manual for Puget Sound (current edition).
20.128.040 General landscape requirements.
Landscape designs shall conform to the following provisions:
(1) New landscaping materials shall include native or ornamental species that have adapted to the
climatic conditions of the coastal region of the Pacific Northwest. Required minimums are indicated in
Table 20.128.296, Landscape Design Requirements.
(2) New landscape materials shall include drought-tolerant species, except where site conditions within
the required landscape areas assure adequate moisture for growth.
(3) Existing vegetation may be used to augment new plantings to meet the standards of this chapter.
(4) Trees shall have a caliper of the dimensions shown in Table 20.128.296, Landscape Design
Requirements, measured four feet above ground level at the time of planting. The caliper may be
averaged, but no individual tree shall have a caliper of less than 75 percent of the requirement.
(5) When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in
two or more rows.
(6) Shrubs shall be at least one gallon in size and of the minimum inches in height at the time of planting
shown in Table 20.128.296, Landscape Design Requirements.
(7) Ground covers shall be planted and spaced to result in total coverage of the required landscape area
within the number of years indicated in Table 20.128.296, by using four-inch pots at 18 inches on center,
or one gallon or greater sized containers at 30 inches on center.
(8) Grass may be used as a ground cover only in urban buffer parking lots or filtered areas; provided,
that the grass area constitutes no more than 30 percent of such landscape areas.
(9) Grass and ground cover areas shall contain at least two inches of composted organic material at
finish grade. Existing soils shall be augmented with a two-inch layer of fully composted organic material
rototilled a minimum of six inches in depth.
(10) Berms should not exceed a slope of two horizontal feet to one vertical foot (2:1), unless there are
extenuating circumstances.
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(11) Landscape areas shall be covered with two to three inches of mulch. Mulch shall consist of
materials such as yard waste, sawdust, and/or manure that is fully composted.
(12) Required street landscaping may be placed within Port Orchard street rights-of-way subject to the
Port Orchard road design standards set forth in POMC XX.XX.XXX and with the permission of the city
engineer.
20.128.050 Alternative landscape options.
The following alternative landscape options may be permitted only if they accomplish equal or better
levels of screening and are subject to the review and approval of the planning director:
(1) Total required landscape and tree retention area will not exceed 15 percent of site area.
(2) The width of the perimeter buffer landscape strip may be reduced up to 25 percent along any
portion where berms at least three feet in height or architectural barriers at least six feet in height are
incorporated into the landscape design, or the landscape materials are incorporated elsewhere on-site.
(3) Perimeter landscaping may be reduced up to 25 percent when a development retains an additional
10 percent of the existing significant trees or 10 significant trees per acre on-site (above the
requirements for tree retention defined within this chapter), whichever is greater.
(4) The landscaping requirement may be modified when existing conditions on or adjacent to the site,
such as significant topographic differences, vegetation, structures or utilities would render application of
this chapter ineffective or result in scenic view obstruction.
(5) Within the mixed use district (Mxd) areas subject to a requirement for an urban
streetscape/pedestrian boardwalk design, roadway corridor buffering is waived provided the applicant
complies with the requirements for street trees, pedestrian pavings, furnishings, and other amenities.
(6) When an existing structure precludes installation of the total amount of required site perimeter
landscaping, such landscaping material shall be incorporated on another portion of the site.
(7) Creative designs using groupings of trees may be utilized.
20.128.060 Irrigation.
(1) Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture
conditions, landscape areas shall have temporary irrigation systems. Such systems may be removed
after 24 months or two growing seasons, whichever occurs first; provided, that the plantings are
established.
(2) Areas of undisturbed existing vegetation, or areas where existing site conditions assure adequate soil
moisture for growth within the required landscape area, shall have temporary irrigation systems only as
required to sustain new plantings and shall be determined on a case-by-case basis by the planning
director.
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(3) Areas of undisturbed existing vegetation, low areas with existing high soil moisture conditions, or
landscape areas consisting of drought-tolerant vegetation may not require permanent irrigation
systems. Permanent irrigation systems may be permitted within all other required landscape areas,
provided such systems shall be designed with:
(a) Moisture or precipitation sensors;
(b) Automatic timers set for operation during periods of minimum evaporation and that assure
adequate moisture levels;
(c) Head-to-head spacing, if sprinkler heads are proposed;
(d) Backflow prevention devices; and
(e) Separate irrigation zones for turf and planting beds, and other nondrought-tolerant species.
20.128.070 Landscape installation – Timing.
Landscaping shall be installed no later than five months after issuance of a temporary certificate of
occupancy for the project or project phase. The time limit for compliance may be extended to allow
landscape installation during the next appropriate planting season.
20.128.080 Urban streetscape/pedestrian boardwalk corridors.
(1) Urban streetscape and pedestrian boardwalk corridors are the public right-of-way spaces to be
improved for pedestrian walking, shopping, eating, and similar activities in front of retail stores and
mixed use structures. The urban streetscape/pedestrian boardwalk corridors shall be as defined in the
design overlay districts in this code.
(2) Urban streetscape/pedestrian boardwalk areas shall be landscaped to provide and maintain a design
theme that may emphasize a selection of street trees, lighting standards, directional signage,
furnishings, pavings, landscape materials, or other major components to be specified within the design
overlay districts.
20.128.090 Roadway corridors and street frontages.
Roadway corridors and street frontages shall be landscaped based on the different pedestrian and/or
vehicle emphasis to be provided in accordance with the following categories of design and functional
treatment. These zones and corridors shall be planted with street trees suitable for a mixed motor
vehicle, bicycle, and pedestrian environment.
(1) Commercial Street Corridors. These corridors are the public rights-of-way and the setbacks required
within and around roadways and parking lots in the commercial (Co), mixed use (Mxd), employment
(Eo), and community facilities (Cf) zones. The setback from the street right-of-way shall be landscaped to
provide “see-through vegetation” that functions as a partial visual separator to soften the appearance of
parking areas and building elevations.
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(2) Residential Street Corridors. These corridors are the public rights-of-way and the setbacks required
within and around collector and arterial roadways and parking lots in all residential zones (R4.5 through
R20). These zones shall be landscaped to provide a “filtered screen vegetation” that functions as a visual
separator between the street, parking areas, and residential activities.
(3) Parkway Road Corridors. These corridors are the public rights-of-way and the setbacks required
along major roadway entries into the community as defined on comprehensive plan maps. These
parkway road corridors shall be landscaped to provide a “filtered to view blocking vegetation” using
natural materials that provide continuity with adjacent greenway landscapes.
(4) Sight Distance. All physical obstructions, except utility poles and traffic control signs, shall be
maintained in a manner that provides for adequate sight distances at street intersections as described
below:
(a) A sight distance triangle area as described in subsection (4)(b) of this section shall not contain
fencing, berms, vegetation, on-site vehicle parking areas, signs and other physical obstructions between
36 inches and eight feet above the existing street grade.
(b) The sight distance triangle at:
(i1) A street intersection shall be determined by measuring 15 feet along both the right-of-way property
lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the
endpoints of the first two sides of the triangle; or
(ii2) A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along
the edges of the driveway beginning at the respective points of intersection. The third side of each
triangle shall be a line connecting the endpoints of the first two sides of each triangle; and
(iii3) Any intersection where the posted speed limit exceeds 25 miles per hour, the site distance triangle
shall be determined by the table below or the city engineer.
Posted Speed
Limit
Design
Speed
Minimum Distance
for Sight from
Center of
Intersection
25 30 200 feet
30 35 250 feet
35 40 325 feet
40 45 400 feet
45 50 475 feet
50 55 550 feet
55 60 650 feet
The city engineer may require further
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restrictions.
(c) If a property owner receives written notice from the city that there is a violation of the above
requirements and does not comply to the written notice within the specified time, then such property
owner shall be guilty of a civil penalty. In addition to this, the city engineer or his/her designee may
prune the trees or take other appropriate action, charge the owner for the cost of the work, record the
charges as a lien against the property and collect this amount in a civil action against the property
owner. The city shall be entitled to recover its costs and attorney’s fees in such action.
20.128.100 Buffers and urban buffers.
(1) Perimeter landscaping along interior lot lines and between zones shall be as provided within Table
20.128.296, Landscape Design Requirements. Perimeter landscaping may be modified where
appropriate by the planning director to account for aboveground subregional utility developments and
distribution or transmission corridors or other utilities and infrastructure.
(2) Urban buffers shall be landscaped based on the extent to which the activity is to be screened from
adjacent uses in accordance with the categories identified below. However, common standards applied
to all buffer areas include:
(a) Within the landscape buffer areas about the property, particularly along secondary access roads and
around parking lots that do not abut the public pedestrian walkway or trail corridors, site plantings
should be grouped to simulate natural stands and should not be planted symmetrically or of even
spacing.
(b) Landscape designs should reflect natural planting materials and settings that are representative of
the local and regional landscape.
(c) Where practical and feasible, buffer areas should retain existing larger trees and vegetation to
maintain continuity with adjacent greenways and natural areas.
(d) Within higher density residential developments, buffers or open spaces may be grouped into
common open space areas that define building placements, provide visual accents, preserve landscape
or landform features, or house common activity areas.
(3) Urban Buffers with Filtered Screening. Urban buffers to be filter screened are the perimeter
landscape areas provided between nonresidential land uses within the commercial (Co), mixed use
(Mxd), employment (Eo), and community facilities (Cf) zones. These buffers shall function as a visual
separator between uses within these zones. The plant materials and design may mix evergreen and
deciduous trees and shrubs to create a filtered screen effect.
(4) Urban Buffers with Full Screening. Urban buffers to be fully screened are the perimeter landscape
areas provided between residential and nonresidential zones. These buffers shall function as a visual
barrier to obscure views of incompatible activities and improvements. The plant materials and design
may include a mix of primarily evergreen trees and shrubs to form an effective full screen effect.
20.128.110 Walkway and trail corridors.
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Landscaping along the public walkway or trail corridor may utilize the street trees and plant materials
palette selected for the public walkway or trail corridor. Improvements within the adjoining private
spaces, such as outdoor eating areas, plazas, and the like, should incorporate or continue the same
plantings in order to enhance the definition of the corridor.
20.128.120 Greenways.
Greenways shall be maintained, enhanced, and replanted, where appropriate, based on the type of
habitat to be conserved in accordance with the following categories:
(1) Greenways of Upland Habitat.
(a) Upland greenways are the sensitive environmental areas located on steep, eroding, or geologically
hazardous slopes as defined within this code and within the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with native materials that provide
habitat and cover for upland wildlife species.
(2) Greenways of Wetland and Stream Habitat.
(a) Wetland greenways are the sensitive environmental areas located on impermeable or slowly draining
soils, wetlands and other freshwater bodies, and the required buffer areas adjacent to wetlands and
streams as defined within this code and within the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with native materials that provide
habitat and cover for wetland wildlife species.
(3) Shorelines.
(a) Shorelines are the sensitive environmental areas and buffer zones located along the fresh and
saltwater shores and banks as defined within this code and within the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with native materials that provide
habitat for marine and estuarine wildlife species.
20.128.130 Street trees.
(1) Street trees shall be planted along roadways and street frontages as indicated within the
accompanying Table 20.128.296 on landscape design requirements. Tree spacing shall consider the
mature height and spread of the tree species.
(2) Street tree species, where not designated in accordance with a design overlay district’s
requirements, may be selected from the suggested landscape materials list, Table 20.128.297, and shall
be subject to the review and approval of the planning director.
(3) The trees may be located within the street right-of-way subject to the review and approval of the city
engineer and accounting for any possible future street widening or improvements.
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(4) Street trees within the public right-of-way shall be maintained according to the standards established
by the planning director.
(5) Street trees may be spaced at irregular intervals where necessary to accommodate sight distance
requirements for driveways, intersections, street lights, and signage.
20.128.140 Buildings and yards.
(1) The landscape design should highlight and focus views of the building frontages and entries,
particularly retail window displays, pedestrian areas, and amenities. The design should create a special
or individual character of the private portions of each property and building.
(2) Vines may be planted on buildings, fences, walls and other blank surfaces, particularly structures
faced with brick and masonry or that are enhanced with trellis overhangs.
(3) Moveable planters with seasonal plantings should be placed at building entries, particularly within
alcoves and inner courtyards.
(4) All plantings, particularly ornamentals, should be provided irrigation or other watering methods to
ensure plant survival.
20.128.150 Screening.
Landscape, fence or other improvements should be erected to visually screen refuse, storage, loading
docks, and other areas that are not to be accessible or viewed from public walkways, corridors, and
roadways. Latches and other devices should be used to secure refuse and storage areas from animals
and children.
20.128.160 Parking lots.
(1) Landscaping within parking lots that are shared or used in common by residential developments, and
within all nonresidential parking areas and lots, shall be as provided within the accompanying Table
20.128.296, Landscape Design Requirements.
(2) The maximum distance between any parking stall and required parking area landscaping shall be no
more than every 13 stalls.
(3) Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle
overhang.
(4) Urban parking areas shall be landscaped to provide shade and visual relief while maintaining clear
sight lines within parking and access areas. Shrubs will not exceed a height of three feet around parking
lot entries, access aisles, and other vehicle maneuvering areas in order not to visually block views among
vehicles and pedestrians.
(5) The plant materials and landscape design may mix evergreen and deciduous trees to create a
continuous canopy.
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(6) Plantings may be contained in planting islands or strips having an area of at least 75 square feet with
a narrow dimension of not less than four feet that is unobstructed by vehicle overhang.
(7) Shade trees and ground covers should be installed in parking medians and/or landscape set-asides in
parking areas and lots to soften the visual impact, reduce glare, and provide visual interest.
20.128.180 Significant tree retention.
Significant trees should be retained in all zones as follows:
(1) Removal of any significant tree with a DBH (diameter at breast height) of 36 inches or greater shall
require city council approval upon the following standards:
(a) The proposed use cannot reasonably accommodate the retention of the significant tree.
(b) The significant tree shall be replaced in accordance with POMC 20.128.220.
(c) All significant trees located within any required buffer area or required landscape planting area
should be retained to the extent practical and feasible.
(d) Tree retention adjacent to critical areas is desirable.
(e) Utility developments including roadways may be exempt from the significant tree retention
requirements of this chapter.
(f) If significant trees were previously located in a closed, forested situation, an adequate buffer of
smaller trees shall be retained or replaced on the fringe of such significant trees.
(g) A grouping of three or more existing healthy trees with canopies that touch or overlap may be
substituted for each required significant tree, provided each tree has a diameter of at least three inches
when measured four feet above grade.
(2) Except as provided in subsection (3) of this section, significant trees to be retained shall not include
significant trees that are identified by a licensed arborist as damaged or diseased or a safety hazard due
to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a
closed, forested situation.
(3) At the discretion of the planning director, damaged or diseased or standing dead trees may be
retained and counted toward the significant tree requirement if demonstrated that such a tree will
provide important wildlife habitat and is not classified as a danger tree.
20.128.190 Significant tree retention plan.
The applicant shall submit a tree retention plan concurrent with a grading permit, building permit or
preliminary subdivision application, whichever is reviewed and approved first. The tree retention plan
shall consist of:
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(1) Tree survey that identifies the location, size, and species of individual significant trees or the
perimeter of stands of trees on a site. For forested sites, the tree survey may use a standard timber
cruising method to reflect general locations, numbers, and groupings of significant trees. For detailed
site plans and grading applications, the tree survey may be conducted by a method that locates
individual significant trees near edges of tree protection areas.
(2) The tree retention plan identifying the significant trees that are proposed to be retained should show
the locations of tree protection fence that protects the critical root zones of the trees.
20.128.200 Incentives for retaining significant trees.
Each significant tree that is located outside of the area for perimeter buffer landscaping and is retained
may be credited in a ratio up to two trees for complying with the retention requirements of this chapter.
20.128.210 Protecting significant trees.
To provide the best protection for significant trees:
(1) No clearing shall be allowed on a site until approval of tree retention and landscape plans.
(2) The root protection zone is equal to one foot radius for every one inch of tree DBH unless individual
tree evaluation by a certified arborist recommends modification to the guidelines. It shall be identified
prior to construction with a temporary five-foot-high chain-link or orange mesh fence.
(3) No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the root protection zone.
(4) Alternative protection methods may be used if determined by the planning director to provide equal
or greater tree protection.
20.128.220 Replacement of significant trees.
When the required number of significant trees cannot be retained, significant trees that are removed
shall be replaced with:
(1) New trees measuring 2.5-inch caliper and six feet in height, at a replacement rate of three trees for
each significant tree removed.
(2) If the site does not allow for planting all replacement trees, trees can be planted on another site
approved by the planning director.
20.128.230 Tremont Street corridor overlay district landscape standards (TRMT).
The general landscape standards set forth in this chapter shall apply unless a more restrictive provision
is set forth in the TRMT specific landscape standards set forth in POMC 20.128.231 through 20.128.239.
20.128.231 TRMT landscape standards – Generally.
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The following guidelines are to be addressed in all landscape plans in the Tremont overlay:
(1) Significant trees shall be preserved where possible (some may be moved and transplanted). Removal
of any significant tree requires pre-approval from the planning director.
(2) Emphasize use of varieties which require low maintenance and drought-tolerant species in public
and commercial areas and in large landscape areas.
(3) A minimum of 25 percent of the site shall be landscaped. Required landscaping within parking areas
may not be counted as contributing to this requirement. However, landscaping for and within setback
areas may be counted toward meeting the 25 percent requirement. A minimum five-foot landscaped
area shall be installed around all parking lots.
20.128.232 TRMT landscape as buffering.
Buffering between noncompatible land uses is considered critical in maintaining the existing character
of Tremont Street. The following standards are to be used in designing a landscape buffer:
(1) Landscape buffers, in conjunction with decorative fencing, is the preferred method to screen
adjacent land uses.
(2) Evergreen trees having minimum size of 15 gallons shall be planted and staked at least 20 feet on
center, depending upon the species, or clustered in equal amounts to screen parking or architecture.
(3) A six-foot-high wall may be placed on or just inside the property line. A ten-foot landscape strip area
will be provided on the inside of the wall. The wall should be lowered to three feet within the front
setback area.
20.128.234 TRMT landscape area ratio.
A minimum of one 15-gallon size tree (25 feet or higher at maturity) for every 625 square feet of
landscaping, and one shrub or vine for every 50 square feet of landscaping are required; at least 25
percent of shrubs shall be of a flowering variety.
20.128.236 TRMT landscape irrigation.
Automatic sprinkler or drip irrigation systems for all commercial or multifamily projects shall be
provided.
20.128.237 TRMT landscape maintenance.
All plantings shall be kept healthy and growing with all planting areas free of weeds and debris. Each
project will have a bond recorded insuring planting materials will be well maintained; such bond shall
remain in place for one year after project completion.
20.128.238 TRMT landscape sizes.
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(1) Trees shall be a minimum of one gallon size and be at least eight feet at time of planting. Shrubs shall
be a minimum of one gallon size at time of planting. All deciduous trees shall be double staked and
properly fertilized upon planting. Give consideration for rapidly growing trees.
(2) The ground cover shall be healthy, densely foliated, and consist of one-gallon container plants.
Herbaceous and flat ground covers shall be planted no more than 12 inches on center. Woody shrub
ground cover shall be planted no more than four feet on center (e.g., evergreens, junipers).
20.128.239 TRMT landscape spacing.
Spacing of trees and shrubs shall be appropriate for each individual species and growing characteristics.
Plant materials shall conform to the following spacing standards:
(1) A minimum of 25 feet from the property corner at a street intersection to the center of the first tree
or large shrubs. Shrubs less than three feet in height are allowed within this clear sight triangle.
(2) A minimum of 15 feet between center of trees or large shrubs and fire hydrants.
(3) A minimum of 10 feet between center of trees or large shrubs and edge of driveway.
20.128.240 Downtown overlay district landscape standards (DOD).
The general landscape standards set forth in this chapter shall apply to all development in the DOD
unless a more restrictive provision is set forth in this section, and then this section shall control.
(1) New development and existing uses along both sides of Bay Street between Bank Street and Seattle
Avenue shall be exempt from the landscaping requirements of the zoning ordinance and these
regulations.
(2) New development that is adjacent to the water shall provide landscaping on the waterside facade as
well as on the street frontage.
(3) New development on waterfront lots that abut the north side of Bay Street between Bank Street and
Seattle Avenue shall provide landscaping on the waterside facade only.
(4) For buildings which include residential uses on the upper floors, up to 25 percent of the landscaping
requirements may be fulfilled by providing rooftop gardens and upper floor terraces and decks. Rooftop
gardens, terraces, and decks shall not count against the 75 percent gross floor area limitation described
in POMC 16.20.219.
20.128.290 Maintenance.
(1) All landscape materials and significant trees, in all zones and/or overlay districts, except within
critical areas or buffers, shall be maintained in a healthy growing condition.
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(2) With the exception of dead, diseased or damaged trees specifically retained to provide wildlife
habitat; other dead, diseased, damaged or stolen plantings shall be replaced on a one-for-one basis
within five months or during the next planting season if the loss does not occur in a planting season.
(3) Landscape areas shall be kept free of trash.
20.128.295 Bonds and security.
Performance bonds or other appropriate security (including letters of credit and set aside letters) equal
to 125 percent of the estimated value of the plants and installation costs shall be required for a period
of two years after the planting or transplanting of vegetation to insure proper installation,
establishment, and maintenance.
20.128.296 Landscape design requirements.
See Table 20.128.297 for alternatives.
Table 20.128.296
Landscape Design Requirements
Urban
Streetsca
pes/
Pedestria
n
Boardwal
ks
Roadway
Corridors
–
Commer
cial
Develop
ment
Roadway
Corridors
–
Residenti
al
Develop
ment
Road
way
Corrid
ors –
Parkw
ays
Urba
n
Buff
ers –
Urba
n
Parki
ng
Lots
Urban
Buffer
s –
Filtere
d
Screen
ing
Urban
Buffer
s –
Full
Screen
ing
Greenw
ays –
Upland
s
Greenw
ays –
Wetlan
ds
Shoreli
nes
Planting materials
Large deciduous
trees X X X X X
Medium
deciduous trees X X X X X X X
Small deciduous
trees X X X X X X
Conifers/broadlea
f trees X X X X X X X X
Deciduous shrubs X X X X X X X X
Evergreen shrubs X X X X X X X X X X
Ground covers X X X X X X X X X X
Planting mix – Approximate
Percent in 100% 100% 50% 30% 70% 50% 30% 30% 70% 70%
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deciduous trees
Percent in
evergreen trees 0% 0% 50% 70% 30% 50% 70% 70% 30% 30%
Plant spacing – Feet on center
Trees 25 40 40 30 30 30 15 30 30 40
Shrubs 5 5 4 4 4 4
Plant scale at time of planting
Trees – minimum
height in feet 10 10 8 8 10 8 8 8 8 8
Trees – minimum
caliper in inches 3.0 3.0 2.5 2.5 3.0 2.5 2.5 2.5 2.5 2.5
Shrubs –
minimum height
in inches
18 18 18 18 18 18 18 18 18 18
Ground cover –
years to full
coverage
2 2 3 3 2 3 3 3 3 3
Buffer – Depth in feet (subordinate to building setbacks)
Street frontage 10 10 20 25 25 25
Interior lot line 5 5 10 25 25 25
Parking lot – sf landscape area/stall
Residential
shared parking 20
Commercial/empl
oyment zone lots:
0 – 30 stalls 20
30+ stalls 25
Parking lot – Stalls/tree spacing
Residential
shared parking 8
Commercial/empl
oyment zone lots 4
Species suggestions – Percent of mix
Native ground
cover and shrubs 75% 75% 75% 75% 75% 75% 75% 100% 100% 100%
Native trees 50% 50% 50% 50% 50% 50% 50% 100% 100% 100%
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Drought-tolerant 60% 60% 60% 60% 60% 60% 60% 100% 100% 100%
20.128.297 Suggested landscape materials.
Table 20.128.297
Suggested Landscape Materials
Urban
Streetscap
es/
Pedestrian
Boardwalk
s
Roadwa
y
Corrido
rs/
Street
Frontag
e
Parki
ng
Lot
Trees
Urba
n
Buff
er
Area
s
Greenw
ays –
Uplands
Greenw
ays –
Wetland
s/
Streams
Shorelin
es
Native
Materi
als
Droug
ht-
Tolera
nt
Large deciduous trees
Acer
macrophyllu
m
Bigleaf
Maple X X X
Acer rubrum
species
Red Maple
variety X X X X X
Acer
saccharum
Sugar
Maple X X
Acer
truncatum X
platanoide
Pacific
Sunset
Maple
X X
Acer
platanoides
species
Norway
Maple
variety
X X X X X
Alnus rebra Red Alder X X X X
Carpinus
betulus
‘Fastigiata’
Columnar
European
Hornbeam
X X
Fagus
sylvatica
European
Beech X X X
Fraxinus
latifolia
Oregon Ash
X X X
Fraxinus
oxycarpa
‘Raywood’
Raywood
Ash X X
Gingko
bilboa
‘Sentry’
Columnar
Maidenhair X X
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Liquidambar
styraciflua
American
Sweetgum X X X X X X
Liriodendron
tulipifera
Tulip tree
X
Magnolia
grandiflora
‘St. Mary’
Evergreen
Magnolia X X
Platanus x
acerifolia
London
Plane X
Quercus
species
Oak variety X X X X X
Quercus
robur
‘Fastigiata’
Upright
English Oak X X X X
Quercus
rubra
Northern
Red Oak X X X X X
Salix species Willow
variety X X X
Tillia
americana
‘Redmond’
Redmond
Linden X X
Tillia cordata Littleleaf
Linden X X X X X
Tillia cordata
‘Greenspire’
Greenspire
Linden X X
Medium deciduous trees
Acer
campestre
Hedge
Maple X X
Betula
species
Birch
variety X
Carpinus
betulus
European
Hornbeam X X X X X X
Cercidiphyllu
m
japonicum
Katsura
Tree X
Cornus
nuttallii
Pacific
Dogwood X X X
Cratawgus
laevigata
English
Hawthorn X X
Crateagus Lavalle X X
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lavallei Hawthorn
Fraxinus
pennsylvanic
a
Marshall’s
Seedless
Ash
X X X X X
Populus
tremuloides
Quaking
Aspen X X
Prunus
species
Flowering
Cherry
variety
X X X X X
Prunus
sargentii
Sargent
Flowering
Cherry
X X
Prunus
sargentii
‘Columnaris’
Columnar
Sargent
Flowering
Cherry
X X
Prunus
serrulata
‘Kwanzan’
Kwanzan
Flowering
Cherry
X X
Pyrus
calleryana
species
Flowering
Pear variety X X X X X
Zelkova
serrata
‘Village
Green’
Sawleaf
Zelkova X X X X
Small deciduous trees
Acer
circinatum
Vine Maple
X X X X
Acer davidii David
Maple X
Acer ginnala Amur
Maple X X X
Acer
palmatum
Japanese
Maple X
Amelanchier
species
Serviceberr
y variety X X X X
Carpinus
species
Hornbeam
variety X X X X X X
Cornus
florida
Flowering
Dogwood X
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19
Cornus
kousa
Kousa
Dogwood X X
Corylus
cornuta
californica
Western
Hazelnut X X X X
Crataegus
species
Hawthorn
variety X X X X X
Magnolia
species
Magnolia
variety X X X X X
Malus
species
Flowering
Crabapple X
Prunus
species
Flowering
Cherry/Plu
m
X X X X X
Styrax
japonica
Japanese
Snowball X
Conifers/broadleaf evergreen trees
Abies
grandis
Grand Fir
X X X
Abrutus
unedo
Strawberry
Tree X X X
Cedrus
deodara
Deodar
Cedar X X X
Chamaecypa
ris
lawsoniana
Port Orford
Cedar X X X X X
Chamaecypa
ris
nootkatensis
Alaska
Cedar X X X X X
Colodecrus
decurrens
Incense
Cedar X
Photinia
serrulata
Chinses
Photinia X X X
Picea
sitchensis
Sitka
Spruce X X X X
Pinus
contorta
Shore Pine
X X X X X X
Pinus
contorta
latifolia
Lodgepole
Pine X X X
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Pinus
densiflora
Japanese
Red Pine X X
Pinus
monticola
Western
White Pine X X X X
Pinus nigra Austrian
Black Pine X X X X
Pinus
ponderosa
Ponderosa
Pine X X
Pinus
sylvestris
Scotch Pine
X X X X
Pinus
thunbergii
Japanese
Black Pine X X X
Pseudotsuga
menziesii
Douglas Fir
X X X X X
Sequoidendr
on
semperviren
s
Coastal
Sequoia
X X
Taxus
brevifolia
Western
Yew X X X X
Thuja plicata Western
Red Cedar X X X
Tsuga
heterophylla
Western
Hemlock X X X X
Tsuga
mertensiana
Mountain
Hemlock X
Umbellularia
californica
California
Bay Laurel X X X X
Deciduous shrubs
Amelanchier
alnifolia
Western
Serviceberr
y X X X X X
Berberis
species
Barberry
variety X X
Callicarpa
japonica
Japanese
Beautyberr
y X
Cornus
stolonifera
Red-Osier
Dogwood X X X X X
Enkianthus Red-Veined X
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campanulat
us
Enkianthus
Elaegnus
species
Elaegnus
variety X X X X
Euonymus
alata
‘Compacta’
Winged
Eunymus X X
Hamamelis
mollis
Chinese
Witch Hazel X
Holodiscus
discolor
Ocean
Spray X X X X X
Hydrangea
lacecap
varieties
Lacecap
Hydrangea X
Potentilla
fruticosa
Potentilla
X X X
Physocarpus
capitatus
Pacific
Ninebark X X
Rhamnus
purshiana
Cascara
Sagrada X X X
Rhus
typhina
Staghorn
Sumac X X X X
Ribes
sanguineum
Red-
Flowering
Currant X X X
Rosa
nutkana
Nootka
Rose X X X X
Rosa rugosa Rugosa
Rose X X X
Rubus
parviflorus
Thimbelber
ry X X X X
Rubus
spectabilis
Salmonberr
y X X X X X
Salix species Willow
variety X X X
Sambucus
racemosa
Red
Elderberry X X X X
Spiraea
species
Spiraea
variety X X X X
Symphoricar Snowberry X X X
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pos albus
Syringa
vulgaris
cultivars
Lilacs
X X
Vaccinium
parvifolium
Red
Huckelberry X X
Viburnum x
burkwoodii
Burkwood
Viburnum X X
Evergreen shrubs
Arbutus
unedo
compacta
Compact
Strawberry
Tree X X X
Cornus alba
‘Sibirica’
Siberian
Dogwood X
Cotoneaster
species
Cotoneaste
r variety X X X
Ilex crenata Japanese
Holly X
Kalmia
latifolia
Mountain
Laurel X
Ligustrum
japonicum
Japanese
Privet X
Myrica
californica
Pacific Wax
Myrtle X X X X X X
Osmarea x
burkwoodii
Burkwood
Osmarea X X
Osmanthus
delavayi
Delavay
Osmanthus X X X
Photinia
frazeri
Japanese
Photinia X X X
Pieris
floribunda
Mountain
Pieris X X
Pieris
japonica
Japanese
Pieris X X
Prunus
lusitanica
Portugese
Laurel X X
Pinus Mugo Mugho Pine X X X
Rhododendr
on species
Rhododend
ron and
Azaleas X X X X
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Vaccinium
ovatum
Evergreen
Huckleberry X X X X X
Ground covers
Arctostaphyl
os uva-ursi
Kinnikinnick
X X X X X
Berberis
nervosa
Cascade
Mahonia X X X X
Calluna
vulgaris
Scotch
Heather X X
Caenothus
gloriosus
Point Reyes
Ceanothus X X X
Cotoneaster
microphyllus
Rockspray
Cotoneaste
r X X X
Erica carnea Winter
Heath X X
Erica x
darleyensis
Mediterran
ean
Heather X
Euonymus
fortuei
Winter
Creeper
Euonymus X X
Gaultheria
shallon
Salal
X X X X X X
Hypericum
calycinum
St.
Johnswort X X
Ilex crenata
varieties and
cultivars
Japanese
Holly X
Mahonia
species
Mahonia
variety X X
Pachysandra
terminalis
Japanese
Spurge X X
Sarcococca
hookerana
Sarcococca
X
Vinca minor Periwinkle X X X
Note: Medium street trees are recommended for planted medians only without tree grates. Source:
Hough, Beck & Baird as modified by Galen Wright, Washington Forestry Consultants, Inc.
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GREEN TEXT = New provisions (not currently included in the POMC)
BLACK TEXT = Existing provisions from the currently adopted POMC 15.32 (with
slight technical revisions, only). Edits to these provisions are shown in track
changes.
Chapter 15.32 (New)
STORMWATER DRAINAGE
(The existing Ch. 15.32 will be repealed in its entirety and replaced with this new Ch. 15.32)
Sections:
15.32.010 Stormwater drainage—Purpose and objectives—Liability.
15.32.020 Stormwater drainage—Definitions.
15.32.030 Stormwater drainage—Administration.
15.32.040 Stormwater drainage—Applicability.
15.32.050 Stormwater drainage—Exemptions.
15.32.060 Stormwater drainage—Regulations and guidelines—Adopted manuals.
15.32.070 Stormwater drainage—Special stormwater drainage improvements.
15.32.080 Stormwater drainage—Permit—Form.
15.32.090 Stormwater drainage—Permit—Submittal requirements.
15.32.100 Stormwater drainage—Permit—Decision type.
15.32.110 Stormwater drainage—Permit—Review criteria.
15.32.120 Stormwater drainage—Permit—Technical deviations.
15.32.130 Stormwater drainage—Permit—Variances.
15.32.140 Stormwater drainage—Permit—Construction timing and final approval.
15.32.150 Stormwater drainage—Permit—Expiration; extension.
15.32.160 Stormwater drainage—Standards—Minimum site development requirements.
15.32.170 Stormwater drainage—Standards—Redevelopment activities.
15.32.180 Stormwater drainage—Standards—Stormwater quality control.
15.32.190 Stormwater drainage—Standards—Water quality BMPs.
15.32.200 Stormwater drainage—Standards—Stormwater conveyance facilities.
15.32.210 Stormwater drainage—Standards—Wetlands.
15.32.220 Stormwater drainage—Standards—Regional facilities.
15.32.230 Stormwater drainage—Standards—Basin planning.
15.32.240 Stormwater drainage—Standards—Exemptions.
15.32.250 Stormwater drainage—Facilities—Covenants, sureties, and liability insurance.
15.32.260 Stormwater drainage—Facilities—Operation and maintenance.
15.32.270 Stormwater drainage—Enforcement.
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15.32.010 Stormwater drainage—Purpose and objectives—Liability.
(1) Purpose. The purpose of this chapter is to regulate storm and surface water discharges
from all new development and redevelopment to prevent and control adverse impacts of
drainage and storm and surface water on the public health, safety, and general welfare,
consistent with the provisions of the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) as
administered by the Washington State Department of Ecology through issuance of the National
Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit (Permit),
in accordance with chapter 90.48 RCW. The provisions of this subtitle shall be liberally
construed to accomplish the purposes of the chapters herein and the protection and
preservation of the public health, safety, and general welfare.
(2) Objectives. The objectives of this subtitle are to:
(a) Establish a water quality restoration and storm and surface water management program
for the City of Port Orchard to be administered by the City of Port Orchard’s department
of public works;
(b) Promote sound, practical, and economical development practices and construction
procedures that prevent or minimize impacts to the City’s waters;
(c) Prevent or minimize degradation of water quality and to control the sedimentation of
streams, rivers, lakes, wetlands, marine waters, and other waters to the maximum
extent practicable by all known and reasonable methods of prevention, control, and
treatment;
(d) Control stormwater runoff originating from new development or redevelopment;
(e) Preserve the quality of water for recreation and fish and wildlife habitat;
(f) Maintain aquatic habitat;
(g) Maintain the quality of the City’s water resources;
(h) Prevent or minimize adverse effects caused by degradation of surface water quality flow
patterns or quantities, locations, and changes to hydrologic flow patterns;
(i) Prevent groundwater degradation from surface water flows;
(j) Preserve and protect the city’s wetlands by maintaining hydrologic continuity with other
aquatic resources;
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(k) Maintain the safety of city roads and rights-of-way;
(l) Protect public safety by reducing soil erosion, slope instability, and landslides;
(m) Promote non-structural preventative and source control activities and actions; and
(n) Require the use of low impact development (LID) best management practices (BMPs)
where feasible, as defined in the City’s Stormwater Manual.
(3) Liability. Administration of this chapter shall not be construed to create the basis for any
liability on the part of the City, its appointed and elected officials, and/or employees while
working within the scope of their duties for any action or inaction thereof authorized or done in
connection with the implementation of this chapter.
15.32.020 Stormwater drainage—Definitions.
Definitions provided below apply only to this chapter, unless otherwise indicated. In the
application of this chapter, where a definition in this chapter conflicts with a definition in the
Stormwater Manuals, as adopted herein, the most restrictive definition shall control. Where a
term used in the Stormwater Manuals is not defined in this chapter, the definition in the
Stormwater Manuals shall control.
(1) “A”
“Accepted performance of construction” shall mean the written acknowledgment from the
director of the satisfactory completion of all work accepted by the city, including all work
shown on the accepted plans, accepted revisions to the plans, and accepted field changes.
“Applicant” shall mean the person, party, firm, corporation, or other legal entity that
proposes to engage in site development activities in incorporated Port Orchard by
submitting an application for any of the activities covered by this chapter on a form
furnished by the city and paying the required application fees.
“Arterial” shall mean a road or street primarily for through traffic. A major arterial connects
an interstate highway to cities and counties. A minor arterial connects major arterials to
collectors. A collector connects an arterial to a neighborhood. A collector is not an arterial.
A local access road connects individual homes to a collector.
(2) “B”
“Basin plan” shall mean a plan and all implementing regulations and procedures including,
but not limited to, land use management adopted by ordinance for managing stormwater
quality and quantity management facilities and drainage features within individual sub-
basins.
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“Best management practices (BMPs)” shall mean the schedule of activities, prohibitions of
practices, maintenance procedures, and structural and/or managerial practices that, when
used singly or in combination, prevent or reduce the release of pollutants and other adverse
impacts to waters of Washington and have been approved by the city as accepted BMPs.
“Biofiltration/biofilter facilities” shall mean vegetative BMPs that treat stormwater by
filtration through vegetation. Biofiltration facilities include, but are not limited to, grassed
or vegetated swales and filter strips.
“Bioretention” shall mean an engineered facility that treats stormwater by passing it
through a specific soil profile and either retain or detain the treated stormwater for flow
attenuation. Refer to the Stormwater Management Manual for Western Washington,
Chapter 7 of Volume V for Bioretention BMP types and design specifications.
“Bond” shall mean a financial guarantee, in the form of a surety bond, assignment of funds,
or irrevocable bank letter of credit, that shall guarantee compliance with applicable
provisions of this chapter.
(3) “C”
“Certified erosion and sediment control lead (CESCL)” shall mean an individual who has
current certification through an approved erosion and sediment control training program
that meets the minimum training standards established by the Department of Ecology (see
BMP C160 in the currently adopted Stormwater Management Manual for Western
Washington (2005)). A CESCL is knowledgeable in the principles and practices of erosion and
sediment control. The CESCL must have the skills to assess site conditions and construction
activities that could impact the quality of stormwater and the effectiveness of erosion and
sediment control measures used to control the quality of stormwater discharges.
Certification is obtained through an Ecology-approved erosion and sediment control course.
Course listings are provided online at Ecology’s web site.
“City” shall mean the City of Port Orchard, Washington, or as indicated by the context, the
public works director, or other authorized representative of the governmental authority of
the City of Port Orchard.
“Civil engineer” shall mean a professional engineer currently registered in the state of
Washington to practice in the field of civil engineering.
“Clearing” or “land clearing” shall mean the surface removal of vegetation.
“Closed depressions” shall mean low-lying areas that have no surface outlet, or such a
limited surface outlet that in most storm events the area acts as a retention basin, holding
water for infiltration, evaporation, or transpiration.
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“Commercial Agriculture” shall mean those activities conducted on lands defined under
RCW 84.34.020(2) and activities involved in the production of crops or livestock for
commercial 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 thank five years, unless the idle land is registered in a federal or state soils
conservation program, or unless the activity is maintenance of irrigation ditches, laterals,
canals, or drainage ditches related to an existing and ongoing agricultural activity.
“Comprehensive drainage plan” shall mean a detailed analysis, adopted by the city, f or a
drainage basin which assesses the capabilities and needs for runoff accommodation due to
various combinations of development, land use, structural and nonstructural management
alternatives. The plan recommends the form, location and extent of stormwater quantity
and quality control measures that would satisfy legal constraints, water quality standards,
and community standards, and identifies the institutional and funding requirements for
plan implementation.
“Contiguous land” shall mean land adjoining and touching other land regardless of whether
or not portions of the parcels have separate assessor’s tax numbers or were purchased at
different times, lie in different sections, are in different government lots, or are separated
from each other by private road or private rights-of-way.
“Converted vegetation (areas)” shall mean surfaces on a project site where native
vegetation, pasture, scrub/shrub, or unmaintained non-native vegetation (e.g. Himalayan
blackberry, scotch broom) are converted to lawn or landscaped areas, or where native
vegetation is converted to pasture.
“Critical drainage area” shall refer to those areas designated in POMC 15.32.070, Critical
drainage areas, which have a high potential for stormwater quantity or quality problems.
(4) “D”
“Design storm event” shall mean a theoretical storm event, of a given frequency, interval,
and duration, used in the analysis and design of a stormwater facility.
“Detention facilities” shall mean stormwater facilities designed to store runoff while
gradually releasing it at a predetermined controlled rate. “Detention facilities” shall include
all appurtenances associated with their designed function, maintenance, and security.
“Development proposal” shall mean any activity requiring a permit or other approval from
the City of Port Orchard related to the use or development of land.
“Developed site” shall mean the condition of the development site following completion of
construction of the development including all approved phases of construction.
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“Director” shall mean the public works director or designee(s).
“Discharge point” shall mean the location where a discharge leaves the City’s (Permittee’s)
Municipal Separate Storm Sewer System (MS4) through the Permittee’s MS4 facilities/BMPs
designed to infiltrate.
“Diversion” shall mean the routing of stormwater to other than its natural discharge
location.
“Drainage feature” shall mean any natural or manmade structure, facility, conveyance, or
topographic feature which has the potential to concentrate, convey, detain, retain,
infiltrate, or affect the flow rate of stormwater runoff.
“Drainage plan” shall mean a plan for the collection, transport, treatment, and discharge of
runoff, and may include both the plan and profile views of the site as well as construction
details and notes.
(5) “E”
“Easement” shall mean an acquired privilege or right of use or enjoyment that a person,
party, firm, corporation, municipality, or other legal entity has in the land of another.
“Effective impervious surface” shall mean impervious surfaces that are connected via sheet
flow or discrete conveyance to a drainage system. Impervious surfaces on residential
development sites are considered ineffective if the runoff is dispersed through at least 100
feet of native vegetation in accordance with BMP T5.30 – “Full Dispersion,” as described in
Chapter 5 of Volume V of the Stormwater Management Manual for Western Washington
(SWMMWW), (2005) is residential roof runoff infiltrated in accordance with Downspout Full
Infiltration Systems in BMP T5.10A in Volume III of the SWMMWW, or approved continuous
runoff modeling methods indicate that the entire runoff file is infiltrated .
“Erodible or leachable materials” shall mean wastes, chemicals, or other substances that
measurably alter the physical or chemical characteristics of runoff when exposed to rainfall.
Examples include erodible soils that are stockpiled, uncovered process wastes, manure,
fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage.
“Erosion control design storm” shall mean the six-month frequency, 24-hour duration storm
event used for analysis and design of sedimentation and erosion control facilities.
“Existing stormwater facilities” shall mean those facilities constructed or under permitted
construction prior to the effective date of the ordinance codified in this chapter.
(6) “F”
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“Forested land” shall mean as defined in RCW 76.09.020, and shall include all land which is
capable of supporting a merchantable stand of timber and is not being actively used in a
manner incompatible with timber growing.
(7) “G”
“Geotechnical engineer” shall mean a practicing professional engineer licensed as a
professional civil engineer byin the state of Washington who has at least four years of
professional experience employment as a geotechnical engineer.in geotechnical and
landslide evaluation.
“Geotechnical report” shall mean a study of the effects of drainage and drainage f acilities
on soil characteristics, geology and ground water. The geotechnical analysis shall be
prepared by a geotechnical engineer.
“Grading” shall mean any excavating, filling, or embanking of earth materials.
“Grubbing” shall mean the removal of vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and shall include the incidental removal of
topsoil to a depth not exceeding 12 inches.
(8) “H”
“Hard surface” shall mean an impervious surface, a permeable pavement, or a vegetated
roof.
“Highway” shall mean a public road connecting towns and cities.
“Hydrograph” shall mean a graph of runoff rate, inflow rate, or discharge rate, past a
specific point over time.
“Hydrograph method” shall mean a method of estimating a hydrograph using a
mathematical simulation. Commonly accepted hydrograph methods include the Soil
Conservation Service TR-55 Method and the Santa Barbara Urban Hydrograph Method.
(9) “I”
“Illicit connection” means (a) any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drain system including, but
not limited to, any conveyances which allow any nonstormwater discharge including
sewage, process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of whether
said drain or connection had been previously allowed, permitted, or approved by the city;
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or (b) any drain or conveyance connected from a residential, commercial or industrial land
use to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by the city.
“Illicit discharge” shall mean any discharge to a municipal separate storm sewer or to
surface or ground water that is not composed entirely of stormwater, except discharges
pursuant to an NPDES permit (other than the NPDES permit for discharges from the
municipal separate storm sewer), discharges resulting from fire fighting activities, and those
discharges expressly allowed conditionally by Chapter 15.30 POMC, Illicit Discharge
Detection and Elimination.
“Impervious surface” shall mean a hard non-vegetated surface area that either (a) prevents
or retards the entry of water into the soil mantle as under natural conditions prior to
development, or (b) causes water to run off the surface in greater quantities or at an
increased rate of flow from the flow present under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots, or storage areas, concrete or asphalt paving, gravel roads, packed
earthen materials, and oiled, macadam or other surfaces which similarly impede the natural
infiltration of stormwater. Open, uncovered retention/detention facilities shall not be
considered as impervious surfaces for the purposes of determining whether the thresholds
for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of runoff
modeling.
(10) “L”
“Land disturbing activity” shall mean any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and non -vegetative) and/or the existing
soil topography, including the creation and/or replacement of impervious surfaces. Land
disturbing activities include, but are not limited to, demolition, construction, paving,
clearing, grading, filling, excavation, and grubbing. Compaction that is associated with
stabilization of structures and road construction shall also be considered a land disturbing
activity. Vegetation maintenance practices, including landscape maintenance and
gardening, are not considered land-disturbing activity. Stormwater facility maintenance is
not considered land disturbing activity if conducted according to established standards and
procedures.
“Land use permits and approvals” shall mean any use or development of land that requires
city action in legislation, administration, or approval.
“Low Impact Development (LID)” shall mean a stormwater and land use strategy that strives
to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage,
evaporation and transpiration by emphasizing conservation, use of on-site natural features,
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site planning, and distributed stormwater management practices that are integrated into a
project design.
“LID Best Management Practices (BMPs)” shall mean distributed stormwater management
practices, integrated into a project design, that emphasize pre-disturbance hydrologic
processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs
include, but are not limited to, bioretention, rain gardens, permeable pavements, roof
downspout controls, dispersion, soil quality and depth, minimal excavation foundations,
vegetated roofs, and water re-use.
“LID pPrinciples” shall mean land use management strategies that emphasize conservation,
use of on-site natural features, and site planning to minimize impervious surfaces, native
vegetation loss, and stormwater runoff.
(11) “M”
“Maintenance” shall mean any activity that is necessary to keepconducted on currently
serviceable stormwater structures, facilities, and equipment in good working order so as to
function as designed without expansion or use beyond that previously existing and results
in no significant adverse hydrologic impact. Maintenance shall include activities taken to
prevent decline, lapse or cessation in use of the systems or structures, including complete
reconstruction of a dysfunctional stormwater facility, including cases where environmental
permits require replacing an existing structure with a different type structure, as long as the
functioning characteristics of the original structure are not changed. Maintenance of
stormwater facilities shall also include assessment to ensure ongoing proper operation,
removal of built up pollutants (i.e. sediments), replacement of failed or failing treatment
media, and the correction of any problem on the site property that may directly impair the
functions of the stormwater facilities as identified in the maintenance standards of Chapter
4, Volume V of the Stormwater Management Manual for Western Washington .
“Maintenance covenant” shall mean a binding agreement between the city of Port Orchard
and the person or persons holding title to a property served by a stormwater facility
whereby the property owner promises to maintain certain stormwater facilities, grants the
city the right to enter the subject property to inspect and to make certain repairs or
perform certain maintenance procedures on the stormwater control facilities when such
repairs or maintenance have not been performed by the property owner, and promises to
reimburse the city for the cost should the city perform such repairs or maintenance.
“Maintenance schedule” shall mean a document detailing required stormwater facility
maintenance activities to be performed at specified intervals.
“Major development” shall mean any new development or any redevelopment activity that
(a) includes the creation or cumulative addition of 5,000 square feet or greater of
impervious surface area from the predevelopment conditions, or (b) includes land
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disturbing activity of one acre or greater, or (c) includes grading involving the movement of
5,000 cubic yards or more of material.
“Minor development” shall mean any new development or redevelopment activity that (a)
includes the creation or addition of less than 5,000 square feet of new impervious surface
area, and (b) includes land disturbing activity of less than one acre, and (c) includes grading
involving the movement of less than 5,000 cubic yards of material.
“Municipal separate storm sewer system (MS4)” means a conveyance or system of
conveyances which is intended to convey only stormwater (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains) and which are: (a) owned or operated by the city of Port Orchard; (b)
designed or used for collecting or conveying stormwater; (c) are not part of a publicly
owned treatment works (any device or system used in treatment of municipal sewage or
industrial wastes of a liquid nature which is publicly owned); and (d) are not a combined
sewer (a system that collects sanitary sewage and stormwater in a single sewer system).
(12) “N”
“Native vegetation” shall mean vegetation comprised of plant species, other than noxious
weeds, that are indigenous to the coastal region of the Pacific Northwest and which
reasonably could have been expected to naturally occur on the site. Examples include trees
such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple, and vine
maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants
such as sword fern, foam flower, and fireweed.
“National Pollutant Discharge Elimination System (NPDES) permit” shall mean a permit
issued by the Environmental Protection Agency (EPA) or by the Washington State
Department of Ecology that authorizes the discharge of pollutants to waters of the United
States from point sources, whether the permit is applicable to an individual, group, or
general area-wide basis.
“New development” shall mean land disturbing activities, including Class IV – general forest
practices that are conversions from timber land to other uses; structural development,
including construction or installation of a building or other structure; creation of impervious
surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in
Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be
considered new development.
“Nonforestry use” shall mean an active use of land that is incompatible with timber
growing.
(13) “O”
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“Off-site drainage analysis” shall mean a study of those land areas contributing surface
runoff to a development site as well as a study of the existing and predicted impacts of
surface runoff from the development site on properties and drainage features that have the
potential to receive stormwater from the development site.
“Oil/water separator” shall mean a structure or device used to remove suspended oil and
greasy solids from water.
“On-site stormwater BMPs” shall mean a synonym for Low Impact Development BMPs.
“Outfall” shall mean a point source as defined by 40 CFR 122.2 at the point where a
discharge leaves the permittee’s MS4 and enters a surface receiving waterbody or surface
receiving waters. Outfall does not include pipes, tunnels, or other conveyances which
connect segments of the same stream or other surface waters and are used to convey
primarily surface waters (i.e., culverts).
“Operation and maintenance manual” shall mean a written manual, prepared by a qualified
civil engineer, which provides a description of operation and maintenance procedures for
specific stormwater control facilities, for use by operation and maintenance personnel.
“Operator” shall mean any party associated with a construction project that meets either of
the following two criteria:
(a) The party has operational control over construction plans and specifications, including
the ability to make modifications to those plans and specifications; or
(b) The party has day-to-day operational control of those activities at a project which are
necessary to ensure compliance with a SWPPP for the site or other permit conditions
(e.g., they are authorized to direct workers at a site to carry out activities required by
the SWPPP or comply with other permit conditions).
“Owner” shall mean 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.
(14) “P”
“Permeable pavement” shall mean pervious concrete, porous asphalt, permeable pavers or
other forms of pervious or porous paving material intended to allow passage of water
through the pavement section. It often includes an aggregate base that provides structural
support and acts as a stormwater reservoir.
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“Pervious surface” shall mean any surface material that allows stormwater to infiltrate into
the ground. Examples include lawn, landscape, pasture, native vegetation areas, and
permeable pavements.
“Pollution” shall mean contamination or other alteration of the physical, chemical, or
biological properties of any waters of the city, state, or United States, including change in
temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive or other substance into any waters as will or is likely to create a
nuisance or render such waters harmful, or is otherwise detrimental or injurious to the
public health, safety, or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or
other aquatic life.
“Pollution-generating hard surface (PGHS)” shall mean those hard surfaces considered to be
a significant source of pollutants in stormwater runoff. See listing of surfaces under
pollution-generating impervious surface.
“Pollution-generating impervious surface (PGIS)” shall mean those impervious surfaces
considered to be a significant source of pollutants in stormwater runoff. Such surfaces
include those which are subject to: vehicular use; industrial activities (as further defined in
the glossary of the Stormwater Management Manual for Western Washington); or storage
of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or
the run-on or blow-in of rainfall. Erodible or leachable materials, wastes, or chemicals are
those substances which, when exposed to rainfall, measurably alter the physical or chemical
characteristics of the rainfall runoff. Examples include erodible soils that are stockpiled,
uncovered processed wastes, manure, fertilizers, oily substances, ashes, kiln dust, and
garbage dumpster leakage. ; Metal metal roofs are also considered to be PGIS unless they
are coated with an inert, non-leachable material (i.e., baked-on enamel coating). ); or Roofs
roofs that are subject to venting significant amounts of dust, mists, or fumes from
manufacturing, commercial, or other indoor activitiesof indoor pollutants from
manufacturing, commercial, or other operations or processes are also considered PGIS. A
surface, whether paved or not, shall be considered PGIS if it is regularly used by motor
vehicles. The following are considered regularly used surfaces: roads, unvegetated road
shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots,
unfenced fire lanes, vehicular equipment storage yards, and airport runways. The following
are not considered regularly used surfaces: paved bicycle pathways, separated from and not
subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used
maintenance access roads.
“Pollution-generating pervious surface (PGPS)” shall mean any impervious non-pervious
surface subject to vehicular use, industrial activities activities (as further defined in the
glossary of the Stormwater Management Manual for Western Washington); or storage of
erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or
the run-on or blow-in of rainfall, use of pesticides and fertilizers, or loss of soil. Typical PGPS
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include permeable pavement subject to vehicular use, lawns, landscaped areas including:,
golf courses, parks, cemeteries, and sports fields (natural and artificial turf).
“Predevelopment conditions” shall mean site conditionsnative vegetation and soils as
theythat existed prior to any manmade alterationsthe influence of Euro-American
settlement. Predeveloped condition shall be assumed to be forested land cover unless
reasonable, historic information is provided that indicates the site was prairie prior to
settlement.
“Professional engineer” shall mean a person who, by reason of his or her special knowledge
of the mathematical and physical sciences and the principles and methods of engineering
analysis and design, acquired by professional education and practical experience, is
qualified to practice engineering as attested by his or her legal registration as a professional
engineer in the state of Washington.
“Project engineer” shall mean the professional engineer responsible for the design of the
project, who will affix his/her seal on the project drainage plans and drainage analysis. The
project engineer shall be licensed in the state of Washington and qualified by experience or
examination.
“Project site” shall mean that portion of a property, properties, or right of way subject to
land disturbing activities, new hard surfaces, or replaced hard surfaces.
(15) “R”
“Rain garden” shall mean a non-engineered shallow landscaped depression, with compost-
amended native soils and adapted plants. The depression is designed to pond and
temporarily store stormwater runoff from adjacent areas, and allow stormwater to pass
through the amended soil profile.
“Receiving waters” shall mean naturally and/or reconstructed naturally occurring surface
water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters,
or ground water, to which a MS4 discharges of water or surface water systems to which
surface runoff is discharged via a point source of stormwater or via sheet flow.
“Redevelopment” shall mean any land disturbing activity occurring on existing substantially
developed property (i.e., has 35 percent or more of existing impervious hard surface
coverage), the creation or addition of impervious hard surfaces; the expansion of a building
footprint or addition or replacement of a structure; structural development including
construction, installation or expansion of a building or other structure; replacement of
impervious hard surface that is not part of a routine maintenance activity; and land
disturbing activities.
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“Replaced hard surface” shall mean for structures, the removal and replacement of hard
surfaces down to the foundation. For other hard surfaces, the removal down to bare soil or
base course and replacement.
“Replaced impervious surface” shall mean for structures, the removal and replacement of
hard surfaces down to the foundation. For other hard surfaces, the removal down to bare
soil or base course and replacement.
“Retention facilities” shall mean drainage facilities designed to store runoff for gradual
release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities
shall include all such drainage facilities designed so that none of the runoff entering the
facility will be discharged as surface water. Retention facilities shall include all
appurtenances associated with their designed function, maintenance, and security.
“SEPA” shall mean the Washington State Environmental Policy Act.
“Shorelines of the state” shall mean the total of all “shorelines” and “shorelines of state-
wide significance” within the state, as defined in RCW 90.58.030, also known as the
Shoreline Management Act.
“Site” shall mean the area defined by the legal boundaries of a parcel or parcels of land that
is (are) subject to new development or redevelopment. For road projects, the length of the
project site and the right-of-way boundaries define the site.
“Site development activity” shall mean the alteration of topography, clearing, paving,
grading, construction, alteration of stormwater systems, site preparation, or other activity
commonly associated with site development.
“Soils investigation report” shall mean a study of soils on a subject property with the
primary purpose of characterizing and describing the soils. The soils investigation report
shall be prepared by a qualified soils engineer, who shall be directly involved in the soil
characterization either by performing the investigation or by directly supervising
employees.
“Soils engineer” shall mean a practicing civil engineer licensed as a professional civil
engineer in the state of Washington who has at least four years of professional employment
as a civil engineer dealing with soil descriptions and characterizations.
“Source control BMP” shall mean a best management practice (BMP), either a structure or
operation that is intended to prevent pollutants from coming into contact with stormwater
through physical separation of areas or careful management of activities that are sources of
pollutants. The Stormwater Management Manual for Western Washington (SWMMWW)
separates source control BMPs into two types. Structural source control BMPs are physical,
structural, or mechanical devices, or facilities that are intended to prevent pollutants from
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entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce
pollutants from entering stormwater. See Volume IV of the SWMMWW for details.
“Stormwater” shall mean the surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, including snowmelt, during and following
precipitation, and resulting from such precipitation that meets the nonpollutant
requirements.
“Stormwater facility” shall mean a component of a manmade drainage feature, or features,
designed or constructed to perform a particular function or multiple functions, including,
but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins,
retention basins, wetponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, and sediment basins. Stormwater facilities shall not include building
gutters, downspouts, and drains serving one single-family residence.
“Stormwater pollution prevention plan (SWPPP)” shall mean a documented plan to
implement measures to identify, prevent, and control the contamination of point source
discharges of stormwater.
“Stormwater quality control” shall mean the control of the introduction of pollutants into
stormwater and the process of separating pollutants from stormwater. Stormwater quality
control facilities include, but are not limited to, source controls, biofiltration/biofilter
facilities, wet ponds, wetland forebays, oil/water separators, constructed wetlands and
erosion and sedimentation control facilities.
“Stormwater quantity control” shall mean the control of the rate and/or volume of
stormwater released from a development site. Stormwater quantity control facilities
include, but are not limited to, detention and retention facilities.
(16) “T”
“Technical deviation” shall mean permission granted by the director to deviate from the
provisions of this chapter.
“Threshold discharge area” shall mean an on-site area draining to a single natural discharge
location or multiple natural discharge locations that combine within one-quarter mile
downstream (as determined by the shortest flowpath).
(17) “V”
“Variance” shall mean permission granted by the city council to deviate from the
provisions of this chapter.
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“Vehicular Use” shall mean regular use of an impervious or pervious surface by motor
vehicles. The following are subject to regular vehicular use: roads, un-vegetated road
shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots,
unrestricted access fire lanes, vehicular equipment storage yards, and airport runways.
The following are not considered subject to regular vehicular use: paved bicycle pathways
separated from and not subject to drainage from roads for motor vehicles, restricted
access fire lanes, and infrequently used maintenance access roads.
(18) “W”
“Waters of the state” shall include those waters as defined as “waters of the United States”
in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and “waters
of the state” as defined in Chapter 90.48 RCW which include lakes, rivers, ponds, streams,
inland waters, underground waters, salt waters and all other surface waters and
watercourses within the jurisdiction of the state of Washington.
“Water quality design storm event” shall mean a design storm event selected by the
Director for the purpose of establishing design performance criteria for water quality BMPs.
Under most conditions, the term applies to the runoff rate and volume resulting from 64
percent of the precipitation of the two-year frequency, 24-hour duration storm event.
“Wetland” shall mean those 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.
Wetlands do not include those artificial wetlands intentionally created from non-wetland
sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
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 may include those
artificial wetlands intentionally created from non-wetland areas to mitigate the conversion
of wetlands. (Ord. 028-09 § 3; Ord. 1939 § 1, 2004; Ord. 1845 § 2, 2002).
15.32.030 Stormwater drainage—Administration.
(1) Authority. The Director shall have the authority to develop and implement procedures to
administer and enforce this chapter.
(2) Inspections. All activities regulated by this chapter shall be inspected by the Department.
The Director shall inspect projects at various stages of the work requiring approval to
determine that adequate control is being exercised. Stages of work requiring inspection
include, but are not limited to, preconstruction, installation of BMPs, land disturbing
activities, installation of utilities, permanent storm water control facilities, landscaping,
retaining walls, and completion of project. When required by the Director, a special
inspection and/or testing shall be performed.
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15.32.040 Stormwater drainage—Applicability.
(1) The provisions of this chapter shall apply to all development proposals within the bounds of
incorporated Port Orchard.
(2) Any land development which is required by operation of any City of Port Orchard ordinance,
state law, or federal law to construct, install, or modify any natural or manmade drainage
features, either public or private, within, abutting, or serving the development shall do so in
accordance with this chapter.
(3) The provisions of POMC 15.32.150, Operation and maintenance, shall also apply to existing
stormwater facilities in incorporated Port Orchard.
(4) The requirements of this chapter are in addition to other City codes, standards, and
regulations. Where conflicts exist between the provisions of this chapter and other codes
and standards, the most restrictive shall apply. Where the provisions of this chapter directly
conflict with any other state law, federal law, or comprehensive drainage plan, the more
stringent provisions shall apply to the extent permissible by law.
15.32.050 Stormwater drainage—Exemptions.
The following activities are exempt from the provisions of this chapter:
(1) Commercial agriculture and forest practices regulated under WAC Title 222;
(2) Development that is undertaken by the Washington State Department of Transportation in
state highway rights-of-way and is regulated by Chapter 173-270 WAC, the Puget Sound
Highway Runoff Program; and
(3) Pavement maintenance. [Add from Appendix 1]
15.32.060 Stormwater drainage—Regulations and guidelines—Adopted manuals.
(1) The provisions of this chapter together with those manuals and standards described herein,
shall constitute the City’s stormwater regulations.
(2) All activity under this chapter shall also comply with the applicable provisions of Chapter
15.34, Land Disturbing Activity; Appendix J of the International Building Code, as adopted in
Chapter 15.04 POMC; and equivalent standards approved by the Director.
(3) The following state and local regulations and guidelines pertaining to surface and
stormwater design and management are adopted by reference and shall be collectively
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referred to as the “Port Orchard Stormwater Manuals” or the “Stormwater Manuals”:
(a) The 2012 Edition (as amended in December 2014) of the Washington State Department
of Ecology Stormwater Manual for Western Washington;
(b) The 2012 Edition of the Puget Sound Partnership Low Impact Development Technical
Guidance Manual for Puget Sound;
(c) The 2016 Edition of the City of Port Orchard Design and Construction Standards,
adopted by POMC 13.XX; and
(d) The definitions, minimum requirements, adjustment, and variance criteria found in
Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, except
that the erosivity waiver is not adopted.
(e) All references to this chapter shall include the Port Orchard Stormwater Manuals
adopted herein.
(4) All development proposal activities in the City shall comply with the standards,
specifications, and requirements contained in the City’s stormwater regulations and
Stormwater Manuals. When best management practices (BMPs) are required by this
chapter or any other chapter of the POMC, they shall comply with the Stormwater Manuals.
(5) Where there are differences and/or conflicts between the Stormwater Manuals and/or
Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, the most
stringent criteria shall apply.
(6) The adopted regulations and guidelines in the Stormwater Manuals may be modified for
projects located within specific areas for which specialized stormwater drainage plan has
been approved by the City and the Washington State Department of Ecology.
(7) The Director may amend the Port Orchard Stormwater Manuals as necessary, by ordinance
passed by a majority of the Port Orchard City Council, to reflect changing conditions and
technology.
(8) Compliance with the regulations in this chapter and the Stormwater Manuals does not
necessarily mitigate all probable and significant environmental impacts to aquatic biota.
Fishery resources and other living components of aquatic systems are affected by a complex
set of factors. While employing a specific flow control standard may prevent stream channel
erosion or instability, other factors affecting fish and other biotic resources (such as
increases in stream flow velocities) are not directly addressed by the Stormwater Manuals.
Thus, compliance with the Stormwater Manuals should not be construed as mitigating all
probable and significant stormwater impacts, and additional mitigation, beyond what is
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required in the Stormwater Manuals, may be required to protect aquatic biota in streams
and wetlands.
15.32.070 Stormwater drainage—Special stormwater drainage improvements.
In order to mitigate or eliminate potential drainage-related impacts on critical drainage areas,
the Director may require drainage improvements in excess of those required in this chapter and
the Stormwater Manuals. For particularly sensitive drainage areas, the Director may specify the
general type of drainage improvement required. Accordingly, the following are designated as
critical drainage areas:
(a) All lands having a slope of thirty (30) percent or greater:
(i) As determined by a topographic survey of the site; or
(ii) As shown on a U.S.G.S. topographic quadrangle map, when other topographic
survey information is not available; or
(iii) As determined by the director based on field investigation of the site;
(b) Geologic hazardous area and historically documented unstable slopes;
(c) All lands within 200 feet of the ordinary high water mark of bodies of water possessing
fish spawning and rearing habitat for anadromous and resident fish species, as designated
by the State Department of Fish and Wildlife;
(d) All lands designated critical areas in any comprehensive drainage plan, or defined as
critical areas by separate ordinance;
(e) All lands that are classified as wetlands as defined by any separate city ordinance or
policy;
(f) Any lands that have existing local requirements for the management or protection of
ground water, aquifers, or sole source aquifers;
(g) Any lands that drain to a closed depression;
(h) Any lands that have existing local or state requirements for the protection of particular
fish or wildlife habitats;
(i) Any lands that are established by law as shellfish protection areas; and
(j) Any lands determined by the director to have a high potential for drainage and water
quality problems, and/or are sensitive to the effects of construction or development.
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In the event of conflict between maps or other available information resources regarding the
above designations, the final determination of whether or not certain lands are critical drainage
areas shall be made by the Director. In making such a final determination, the Director may use
detailed site surveys and/or other topographic data that the Director may require the applicant
to furnish at the applicant’s expense.
15.32.080 Stormwater drainage—Permit—Form.
(1) Permit Required. A stormwater drainage permit is required for all development proposals,
except as exempt under Chapter 15.34 POMC, Land Disturbing Activity, or as may be
otherwise exempt herein. No construction or development activity shall occur until a
stormwater drainage permit has been issued, nor shall said activity continue without an
approved stormwater drainage permit in force.
(2) Application Form. The stormwater drainage permit shall be submitted pursuant to forms
provided by the City. As required by this chapter and the permit submittal requirements in
POMC 15.32.090, supporting documents submitted with the application shall address the
applicable minimum requirements for surface and stormwater control pursuant to the
Stormwater Manuals and include the proposed BMPs to mitigate such stormwater impacts.
(3) Fees. Stormwater drainage permits shall be subject to fees for application review and
inspections during construction. Fees for stormwater drainage permits shall be set forth in
the City’s current fee schedule.
15.32.090 Stormwater drainage—Permit—Submittal requirements.
The following submittal requirements apply to all stormwater drainage permit applications.
(1) Low Impact Development Site Analysis Required. All development proposals shall conduct
a Low Impact Development (LID) site analysis in accordance with the minimum
requirements outlined the Stormwater Manuals. LID site assessment findings shall be a
required component of the stormwater drainage permit submittal.
(2) Drainage Report—When required. Development proposals that include any of the
following activities shall submit a drainage report, as prescribed by this chapter and the
Stormwater Manuals, together with the required calculations, plans, and details, as a
component of the stormwater drainage permit; the drainage report and supporting plan
documents shall address the applicable minimum stormwater management requirements
and include the proposed BMPs to mitigate stormwater impacts:
(a) Development or redevelopment activities that qualify as a major development as
defined herein; or
(b) Grading activities that result in the movement of 150 cubic yards or more of earth; or
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(c) Grading activities that will result in a temporary or permanent slope having a steepness
exceeding three to one (3:1) (three feet horizontal to one foot vertical) and having a
total slope height, measured vertically from toe of slope to top of slope, exceeding five
feet (5 ft.); or
(d) Grading activities that include the construction of embankment berms that will result in
the impoundment of water to a depth exceeding eighteen (18) inches and/or with a
maximum volume exceeding 2,500 cubic feet of water; or
(e) Grading activities that will result in the diversion of existing drainage courses, both
natural and manmade, from their natural point of entry or exit from the grading site;
(f) Clearing activities [include additional provision from staff]
(g) Any land clearing or grading on slopes steeper than thirty (30) percent, or within the
mandatory setback of a wetland, stream, lake, or Puget Sound, as established by
separate ordinance or by the public works department.
(3) BMP plans, only—When required. Minor development, as defined herein, or projects that
do not require a drainage report pursuant to subsection (2) of this section, shall submit
plans that document the proposed BMPs to mitigate stormwater impacts as a component
of the stormwater drainage permit. The proposed BMPs shall address the applicable
minimum requirements pursuant to the Stormwater Manuals.
(4) Off-Site Analysis. All development proposals that require a drainage report pursuant to
subsection (2) of this section shall also include an off-site drainage analysis as defined in this
chapter, prepared by a qualified professional engineer, and based on a field investigation of
the development’s off-site contributing and receiving drainage areas as a required
component of the stormwater drainage permit submittal.
(5) Soils Analysis. All development proposals that require a drainage report pursuant to
subsection (2) of this section and where the soils underlying the proposed project have not
been mapped, or where existing soils maps of the project site are inconsistent, or where the
Director deems that existing soils maps of the project site are not of sufficient resolution to
allow proper engineering analysis, shall include a soils investigation report as a required
component of the stormwater drainage permit submittal.
(6) Geotechnical Analysis. All development proposals where grading or the construction of
stormwater retention facilities, detention facilities, LID BMPs, or other stormwater facilities
is proposed within 200 feet of slopes steeper than thirty (30) percent, or where the Director
deems that the proposed construction poses a potential hazard due to its proximity to a
slope, shall, when required by the Director, include a geotechnical analysis prepared by a
qualified geotechnical engineer as a required component of the stormwater drainage
permit submittal. Said geotechnical analysis shall address the effects of ground water
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interception and infiltration, seepage, potential slip planes, and changes in soil bearing
strength.
(7) When a Professional Engineer Is Required. Unless otherwise required in this chapter,
documents submitted in support of a stormwater drainage permit application must be
prepared by a qualified professional engineer when one of the following conditions exists:
(a) Any land use or building or development proposal on real property which meets the
definition of a major development; or
(b) Any improvements within the boundaries of city rights-of-way for which Port Orchard
will ultimately assume responsibility for maintenance; or
(c) Any development proposal that the Director deems to be in the public’s best interest to
require that certain stormwater drainage permit application submittal documents be
prepared by a professional civil engineer.
(8) Engineering and drainage plans. All engineering plans shall be submitted to the
Department for review in accordance with the Stormwater Manuals. All drainage plans, if
required, shall be submitted to the Department for review in accordance with the
Stormwater Manuals and in accordance with the requirements of any associated permit
applications or development approvals.
15.32.100 Stormwater drainage—Permit—Decision type; review criteria.
A stormwater drainage permit shall be issued as an administrative decision of the Director,
appealable to the Port Orchard Hearing Examiner in a closed record hearing.
15.32.110 Stormwater drainage—Permit—Review criteria.
(1) Every stormwater drainage permit, or approval application with storm drainage review,
must meet the design and submittal requirements of this chapter and the adopted
Stormwater Manuals.
(a) The required review for any submitted stormwater drainage permit shall be scaled by
the Director to the scope of the project’s size, type of development, and potential for
impacts to the regional surface water system to facilitate preparation and review of
project applications. The Director shall determine which drainage reviews apply to a
stormwater drainage permit application, as specified in the Stormwater Manuals.
(b) Stormwater generated on-site from all new impervious surfaces shall be managed
through a combination of LID BMPs in accordance with this chapter and the Stormwater
Manuals, or any other LID BMPs approved by the city through the design deviation
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process in POMC 15.32.110, unless site and soil conditions make LID infeasible as
determined by the Director.
(2) Low Impact Development BMPs—Additional conditions. The following LID BMPs utilized as
part of a stormwater drainage permit submittal shall be subject to additional review and
conditions for implementation by the Director as part of the stormwater drainage permit
review and issuance:
(a) Permeable pavements subject to vehicular use; and
(b) Reverse slope sidewalks.
15.32.120 Stormwater drainage—Permit—Technical deviations.
The Director may grant technical deviations from requirements contained in the Stormwater
Manuals pursuant to the requirements Stormwater Manuals; and provided that all of the
following criteria are met:
(a) The technical deviation will not otherwise result in noncompliance with this chapter;
(b) The granting of the technical deviation will not result in noncompliance with the
development conditions imposed upon the project by the city;
(c) The granting of the technical deviation will produce a compensating or comparable
result that is in the public interest; and
(d) The granting of the technical deviation will meet the objectives of safety, function,
appearance, environmental protection, and maintainability based on sound engineering
judgment.
15.32.130 Stormwater drainage—Permit—Variances.
(1) Eligibility.
(a) Requests for a variance from the minimum requirements under this chapter and the
Stormwater manuals may be considered for stormwater drainage permits pending
approval. The permit application review time will be extended by the Director as
required for the review.
(b) Requests for a variance from the minimum requirements under this chapter and the
Stormwater manuals may be considered for stormwater drainage permits that have not
yet expired; provided, that the variance request must be submitted a minimum of
ninety (90) calendar days prior to the stormwater drainage permit expiration date. The
90-day requirement may be increased by the Director depending on the complexity of
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the variance.
(2) Submittal requirements.
(a) Applicants requesting a variance from the minimum requirements under this chapter
and the Stormwater Manuals shall provide all necessary justification and supporting
documentation in accordance with Appendix 1 of the Western Washington Phase II
Municipal Stormwater Permit. Additional information shall be submitted if required by
the Director.
(b) The permit applicant shall be responsible for all costs associated with analyses,
documentation, and additional review time of the variance, in accordance with the
process established by the Director.
(3) Review and approval. The city councilhearing examiner may , at a public hearing, grant a
variance from the provisions of this chapter; provided, that all of the following criteria and
requirements are met:
(a) The applicant has provided all necessary justification and supporting documentation to
meet the requirements of Appendix 1 of the Western Washington Phase II Municipal
Stormwater Permit;
(b) The granting of the variance will produce a compensating or comparable result that is in
the public interest; and
(a) The granting of the variance will meet the objectives of safety, function, appearance,
environmental protection, and maintainability based on sound engineering judgment.
(4) Denial; appeal.
(a) The permit applicant is responsible for fully meeting the minimum requirements of this
chapter and the Stormwater Manuals if the variance is not approved prior to the
stormwater drainage permit expiration.
(b) The decision of the hearing examiner to grant or deny a variance pursuant to this
section may be appealed to the city council in a closed record appeal. The decision of
the city council upon a closed record appeal is final.
15.32.140 Stormwater drainage—Permit—Construction timing and final approval.
(1) No work related to permanent or temporary storm drainage control for a permitted
development may proceed without the approval of the Director pursuant to this chapter.
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(2) Erosion and sediment control measures associated with both the interim and permanent
drainage systems shall be approved and constructed pursuant to the requirements in
Chapter 15.34 POMC, Land Disturbing Activity.
(3) Prior to the construction of any improvements or buildings on the site, or to final recording
of a plat or short plat, those portions of the stormwater drainage facilities required
pursuant to the applicable issued stormwater drainage permit(s) shall be constructed and in
operation as approved by the city; but, after receipt of a written request, the Director may
authorize recording prior to final approval to minimize impacts that may result from
construction of said stormwater drainage facilities during inappropriate times of the year.
15.32.150 Stormwater drainage—Permit—Expiration; extension.
(1) Expiration. A stormwater drainage permit issued pursuant to this chapter shall expire three
(3) years from the date of issuance if the permitted work has not yet commenced. In the
event that a stormwater drainage permit, and any renewal thereof pursuant to subsection
(2) of this section, expires prior to the completion of construction, all construction activity
must cease, a new stormwater drainage permit application must be submitted, and the
issuance of a new stormwater drainage permit shall be at the discretion of the Director,
subject to city development standards in force at the time of the new permit application.
(2) Permit extension.
(a) If construction pursuant to an issued stormwater drainage permit has begun, been
documented, and is continuing prior to the expiration of said permit, the property
owner or stormwater drainage permit applicant may request a permit extension,
submitted in writing to the Director, prior to the expiration date of the permit. Having
the required inspections performed and approved within every 360 days is evidenc e
that work has commenced and is continuing.
(b) The Director may grant a one-time extension not to exceed two (2) additional years. The
Director shall not grant more than one permit extension for a stormwater drainage
permit.
(c) The Director’s decision whether to grant an extension pursuant to this subsection shall
be final.
15.32.160 Stormwater drainage—Standards—Minimum site development requirements.
The following minimum site development requirements apply to all new development,
redevelopment, and construction site activities that result in land disturbance of equal or
greater than one (1) acre, including projects less than one (1) acre that are part of a larger
common plan of development or sale, regardless of whether a permit under this chapter or
chapter 15.34 POMC, Land Disturbing Activity, is required .
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(1) Plans and Reports (Minimum Requirement No. 1). All development and redevelopment
meeting the thresholds contained in this section shall submit plans and reports in
accordance with the criteria stipulated in the manual.
(2) Construction Stormwater Pollution Prevention Plan (SWPPP) (Minimum Requirement No.
2). All new development and redevelopment is responsible for preventing erosion and
discharge of sediment and other pollutants into receiving waters by preparing a SWPPP. The
SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the
narrative and marked on the drawings. The SWPPP narrative shall include documentation to
explain and justify the pollution prevention decisions made for the project and shall be
available to the director upon request. The SWPPP shall include each of the 12 elements
below and shall be fully implemented, from initial soil disturbance until final stabilization,
unless site conditions render the element unnecessary and the exemption from that
element is clearly justified in the SWPPP.
(a) Preservation of vegetation/marking clearing limits;
(b) Construction access;
(c) Controlling flow rates;
(d) Installing sediment controls;
(e) Stabilizing soils;
(f) Protecting slopes;
(g) Protecting drain inlets;
(h) Stabilizing channels and outlets;
(i) Controlling pollutants;
(j) Controlling de-watering;
(k) Maintaining best management practices; and
(l) Management of the project.
(3) Source Control of Pollution (Minimum Requirement No. 3). Source control best
management practices (operational and/or structural) are required for all projects. Those
practices listed in the source control chapter (Chapter 4) of the SWMMWW manual as
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applicable operational or structural source controls for a particular pollutant source are
required under this minimum requirement.
(4) Preservation of Natural Drainage Systems and Outfalls (Minimum Requirement No. 4).
(a) Natural drainage patterns shall be maintained, and discharges from the project site
shall occur at the natural location, to the maximum extent practicable. The manner by
which runoff is discharged from the project site must not cause a significant adverse
impact to downstream receiving waters and down gradient properties. All outfalls require
energy dissipation.
(b) Downstream Analysis. The following projects shall conduct an analysis of downstream
water quality impacts resulting from the project and shall provide mitigation of these
impacts:
(i) All major developments; and
(ii) Any minor developments located within critical drainage areas.
The analysis shall extend a minimum of one-quarter of a mile downstream from the
project site. The existing or potential impacts to be evaluated and mitigated shall include
excessive sedimentation, erosion, discharges to ground water contributing to recharge
zones, violations of water quality standards, and spills and discharges of priority
pollutants.
(5) On-Site Stormwater Management (Minimum Requirement No. 5). All projects shall
maintain the average annual volume of water that infiltrates on a site (ground water plus
interflow) at or above predevelopment levels as predicted by an approved hydrologic
model. Project proponents may use prescriptive predesigned best management practices
contained in the manual to fulfill this requirement.
(6) Runoff Treatment (Minimum Requirement No. 6). The following require construction of
stormwater treatment facilities designed in accordance with the manual.
(a) Projects in which the total pollution-generating impervious surface (PGIS) is 5,000
square feet or more; or
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(b) Projects in which the total of pollution-generating pervious surface (PGPS) is three-
quarters of an acre or more, and from which there is a surface discharge in a natural or
manmade conveyance system from the site.
The level of treatment for each project will be determined by subsections (7) through (10) of
this section.
(7) Oil Control Treatment Requirements.
(a) Treatment to achieve oil control applies to projects that have “high -use sites.” High-
use sites are those that typically generate high concentrations of oil due to high traffic
turnover or frequent transfer of oil. High-use sites include:
(i) An area of a commercial or industrial site subject to an expected average daily
traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of
gross building area;
(ii) An area of a commercial or industrial site subject to petroleum storage and
transfer in excess of 1,500 gallons per year, not including routinely delivered heating
oil;
(iii) An area of a commercial or industrial site subject to parking, storage or
maintenance of 25 or more vehicles over 10 tons gross weight (trucks, buses, trains,
heavy equipment, etc.);
(iv) A road intersection with a measured ADT count of 25,000 vehicles or more on the
main roadway and 15,000 vehicles or more on any intersecting roadway, excluding
projects proposing primarily pedestrian and bicycle use improvements.
(b) Oil/Water Separators. All stormwater from impervious areas at high use sites subject
to motor vehicle traffic shall flow through a spill-containment type oil/water separator
prior to surface discharge off site.
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(8) Phosphorus Treatment Requirements. Phosphorus treatment as described in the manual is
required for the following:
(a) Those water bodies reported under Section 305(b) of the Clean Water Act, and
designated as not supporting beneficial uses due to phosphorus;
(b) Those water bodies listed in Washington State’s Nonpoint Source Assessment required
under Section 319(a) of the Clean Water Act due to nutrients.
(9) Enhancement Treatment Requirements. Enhanced treatment for reduction in dissolved
metals (primarily copper and zinc) is required for the following project sites that discharge
to fish-bearing streams, lakes, or to waters or conveyance systems tributary to fish-bearing
streams or lakes:
(a) Industrial project sites;
(b) Commercial project sites;
(c) Multifamily project sites; and
(d) High annual average daily traffic (AADT) roads as follows:
(i) Within urban growth management areas:
(A) Fully controlled and partially controlled limited access highways with AADT
counts of 15,000 or more;
(B) All other roads with an AADT of 7,500 or greater.
(10) Basic Treatment Requirements. Basic treatment applies to:
(a) Project sites that discharge to the ground, unless:
(i) The soil suitability criteria for infiltration treatment are met (see the manual for
soil suitability criteria); or
(ii) The project uses infiltration strictly for flow control and not treatment and the
discharge is within one-quarter mile of a phosphorus sensitive lake (use a
phosphorus treatment facility), or within one-quarter mile of a fish-bearing stream or
a lake (use an enhanced treatment facility);
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(b) Residential projects not otherwise needing phosphorus control as designated by U.S.
EPA, the Department of Ecology, or by the city of Port Orchard;
(c) Project sites discharging directly to salt waters, river segments, and lakes listed in
Appendix 1-C of the currently adopted Stormwater Management Manual for Western
Washington (2005);
(d) Project sites that drain to streams that are not fish-bearing, or to waters not tributary
to fish-bearing streams; and
(e) Landscaped areas of industrial, commercial, and multifamily project sites, and parking
lots of industrial and commercial project sites that do not involve pollution-generating
sources (e.g., industrial activities, customer parking, storage of erodible or leachable
material, wastes or chemicals) other than parking of employees’ private vehicles. For
developments with a mix of land use types, the basic treatment requirement shall apply
when the runoff from the areas subject to the basic treatment requirement comprise 50
percent or more of the total runoff.
(11) Flow Control (Minimum Requirement No. 7). Except as provided in subsection (12) of
this section, the following require construction of flow control facilities and/or land use
management BMPs that result in stormwater discharges that match developed condition
discharge durations to predeveloped condition durations for the range of predeveloped
discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow.
(a) Projects in which the total of effective impervious surfaces is 10,000 square feet or
more;
(b) Projects that convert three-quarter acre or more of native vegetation to lawn or
landscape, or convert 2.5 acres or more of native vegetation to pasture, and from which
there is a surface discharge in a natural or manmade conveyance system from the site; or
(c) Projects that through a combination of effective impervious surfaces and converted
pervious surfaces cause a 0.1 cubic feet per second increase in the 100-year flow
frequency as estimated using the Western Washington Hydrology Model or other
approved model.
(12) Flow Control Exemption. Flow control is not required for projects that discharge directly
to Puget Sound if all the following are satisfied:
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(a) Direct discharge to the exempt receiving water does not result in the diversion of
drainage from any perennial stream classified as Types 1, 2, 3, or 4 in the State of
Washington Interim Water Typing System, or Types “S,” “F,” or “Np” in the Permanent
Water Typing System, or from any Category I, II, or III wetland;
(b) Flow splitting devices or drainage BMPs are applied to route natural runoff volumes
from the project site to any downstream Type 5 stream or Category IV wetland:
(i) Design of flow splitting devices or drainage BMPs will be based on continuous
hydrologic modeling analysis. The design will assure that flows delivered to Type 5
stream reaches will approximate, but in no case exceed, durations ranging from 50
percent of the two-year to the 50-year peak flow; and
(ii) Flow splitting devices or drainage BMPs that deliver flow to Category IV wetlands
will also be designed using continuous hydrologic modeling to preserve preproject
wetland hydrologic conditions unless specifically waived or exempted by regulatory
agencies with permitting jurisdiction;
(c) The project site must be drained by a conveyance system that is comprised entirely of
manmade conveyance elements (e.g., pipes, ditches, outfall protection, etc.) and extends
to the ordinary high water line of the exempt receiving water;
(d) The conveyance system between the project site and the exempt receiving water shall
have sufficient hydraulic capacity to convey discharges from future build-out conditions
(under current zoning) of the site, and the existing condition from nonproject areas from
which runoff is or will be collected;
(e) Any erodible elements of the manmade conveyance system must be adequately
stabilized to prevent erosion; and
(f) Shoreline erosion is avoided through the use of appropriate energy dissipation or other
protective measures.
(13) Wetlands Protection (Minimum Requirement No. 8).
(a) Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic
vegetation, and substrate characteristics necessary to support existing and designated
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uses. The hydrologic analysis shall use the existing land cover condition to determine the
existing hydrologic conditions unless directed otherwise by a regulatory agency with
jurisdiction.
(b) Stormwater treatment and flow control facilities shall not be built within a natural
vegetated buffer, except for:
(i) Necessary conveyance systems as approved by the permittee; or
(ii) As allowed in wetlands approved for hydrologic modification and/or treatment in
accordance with Guidesheet 1B in Appendix 1-D of the Stormwater Management
Manual for Western Washington (2005).
(c) An adopted and implemented basin plan prepared in accordance with the provisions of
POMC 15.32.070(12) may be used to develop requirements for wetlands that are tailored
to a specific basin.
(14) Operation and Maintenance (Minimum Requirement No. 9). All stormwater facilities
shall be operated and maintained in accordance with POMC 15.32.080.
15.32.170 Stormwater drainage—Standards—Redevelopment activities.
(1) Where redevelopment activities meet the definition of a major development, the
requirements of this section shall apply to that portion of the site that is being redeveloped.
In addition, where one or more of the following conditions exist, the requirements of this
section shall apply, to the maximum extent practicable, for the entire site, including
adjoining parcels, if they are part of the project:
(a) Existing sites greater than one acre in size with 35 percent or more impervious surface;
(b) Sites that discharge to a receiving water that has a documented water quality problem;
and
(c) Sites where the need for additional stormwater control measures has been identified
through a basin plan.
(2) Approved Hydrological Methods for Design. Estimation of peak stormwater runoff rates
used in the design of stormwater quantity control facilities shall utilize hydrograph methods
of analysis approved by the Director. The design of storage facilities that are a part of
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stormwater quantity control facilities shall be designed using methods approved by the
Director.
15.32.180 Stormwater drainage—Standards—Stormwater quality control.
The following minimum requirements for stormwater quantity control shall apply to all
development proposalsland developments that meet the definition of a major development:
(1) All surface water and stormwater entering the development site in its predevelopment
state shall be received at the naturally occurring or otherwise legally existing locations. All
surface water and stormwater leaving the development site shall be discharged at all times
during and after development at the naturally occurring or otherwise legally existing
locations so as not to be diverted onto or away from adjacent downstream properties,
except diversion which will correct an existing manmade downstream problem may be
permitted by the Director. For the purposes of this chapter, “naturally occurring location”
shall mean the location of those channels, swales, and pre-existing and established systems
as defined by the first documented topographic contours existing for the subject property,
either from maps or photographs, site inspections, decisions of a court of law, or other
means determined appropriate by the Director.
(2) The post-development peak stormwater discharge rates from the development site for the
two-, 10-, and 100-year, 24-hour duration storm events and the 100-year, seven-day
duration storm event shall at no time exceed the predevelopment peak stormwater runoff
rates for the same design storm events, except as expressly permitted by this chapter. Also,
where stormwater directly or indirectly discharges to open channels or streams,
streambank erosion protection is required; the post-development peak stormwater
discharge rate from the development site for the two-year, 24-hour duration storm event
shall not exceed 50 percent of the predevelopment peak stormwater runoff rate for the
same design storm event. The Director may require that runoff from a development site be
controlled for additional design storm events.
(3) Closed depressions shall be analyzed using hydrograph routing methods. Infiltration shall be
addressed where appropriate. If a proposed project will discharge runoff to an existing
closed depression that has greater than 5,000 square feet of water surface area at overflow
elevation, the following requirements must be met:
(a) Case 1. The predevelopment 100-year, seven-day and 24-hour duration design storms
from the drainage basin tributary to the closed depression are routed into the closed
depression using only infiltration as outflow. If the design storms do not overflow the
closed depression, no runoff may leave the site for the same storm events following
development of a proposed project. This may be accomplished by excavating additional
volume in the closed depression subject to all applicable requirements. If a portion of
the depression is located off of the project site, impacts to adjacent properties shall be
evaluated.
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(b) Case 2. The predevelopment 100-year, seven-day, 24-hour duration design storm events
from the drainage basin tributary to the closed depression are routed to the closed
depression using only infiltration as outflow, and overflow occurs. The closed depression
shall then be analyzed as a detention/infiltration pond. The required performance,
therefore, shall not exceed the predevelopment runoff rates for 50 percent of the two-
year and 100 percent of the 10-year and 100-year, 24-hour duration and 100-year,
seven-day duration design storms. This will require that a control structure, emergency
overflow spillway, access road, and other applicable design criteria be met. If the facility
will be maintained by the city, the closed depression shall be placed in a dedicated tract.
If the facility will be privately maintained, the tract shall be located within a drainage
easement. If a portion of the depression is located off of the project site, impacts to
adjacent properties shall be evaluated.
(c) Case 3. When a proposed project is contributory to a closed depression located off-site,
the volume of runoff discharged may not be increased for the two-, 10-, and 100-year,
24-hour duration, and the 100-year, seven-day duration storm events. The exception to
this requirement is in the case where discharge would not result in an increase in water
surface elevation of greater than 0.01 foot for the 100-year storm events.
(4) Land developments shall provide stormwater quantity control facilities designed to meet, as
a minimum performance standard, the requirements of this section, except in the following
circumstances:
(a) The development site discharges directly into Puget Sound, or directly into the tidally
influenced areas of rivers and streams discharging into Puget Sound, where runoff
quantity control is not required by other governmental agencies.
(b) The development site discharges to a regional stormwater facility approved by the
director to receive the developed site runoff.
(c) The development site discharges to a receiving body of water (lake, wetland, etc.)
where it can be demonstrated by the applicant, to the satisfaction of the director, that
stormwater quantity control is not warranted.
(5) In the event that conditions downstream from a proposed development site are
determined by the Director to be exceptionally sensitive to potential stormwater discharges
from the subject site, the Director may require a factor of safety be applied to the total
retention/detention storage volume and/or a reduction of allowable stormwater release
rates.
(6) Submittals for all proposed development projects shall include an analysis of downstream
water quantity impacts resulting from the project and shall provide for mitigation of these
impacts. The analysis shall extend a minimum of one-quarter of a mile downstream from
the project. The existing or potential impacts to be evaluated and mitigated shall include,
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but not be limited to, excessive streambank erosion, flooding, surcharging of existing closed
drainage conveyance facilities, discharge to closed depressions, and discharge to existing
off-site runoff control facilities.
(7) Retention facilities and open stormwater quantity control facilities shall not be located in
dedicated public road rights-of-way.
(8) Reasonable access for maintenance, as determined by the Director, shall be provided to all
stormwater facilities.
(9) As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest
extent practicable, only if site conditions are appropriate and ground water quality is
protected. Streambank erosion control BMPs shall be selected, designed, and maintained
according to the manual. Streambank erosion control BMPs shall not be built within a
natural vegetated buffer, except for necessary conveyance systems as approved by the
department of public works.
15.32.190 Stormwater drainage—Standards—Water quality BMPs.
(1) Water quality best management practices (BMPs) shall be used to the maximum extent
practicable to control pollution in stormwater. Water quality BMPs shall be used to comply
with the standards of this chapter, including those contained in the Stormwater Mmanual.
Construction and post-development water quality BMPs shall be utilized for all
developments. Said water quality BMPs shall provide runoff water quality treatment for all
storm events with intensities less than or equal to the water quality design storm event, as
defined in subsection (8)(b) of this chaptersection.
(2) Illicit Discharges. Illicit discharges , as described in POMC 15.32.100(1), or illicit connections
to a stormwater drainage system, pursuant to chapter 15.30 POMC , as described in POMC
15.32.100(2), are prohibited.
(3) Experimental Best Management Practices. In those instances where appropriate best
management practices are not in the Stormwater Mmanual, experimental BMPs should be
considered. In an effort to improve stormwater quality technology, experimental BMPs are
encouraged as a means of solving problems in a manner not addressed by the Stormwater
Mmanual. Experimental BMPs must be approved by the Director. The Director may require
that the performance of experimental BMPs be monitored to document their effectiveness
for future use.
(4) Incorporation into Stormwater Quantity Control Facilities. Water quality BMPs may be
incorporated into the design of stormwater quantity control facilities where appropriate.
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15.32.200 Stormwater drainage—Standards—Stormwater conveyance facilities.
(1) All proposed developments must provide on-site stormwater conveyance facilities having
sufficient capacity to convey, without flooding or otherwise damaging existing or proposed
structures, the post-development peak stormwater runoff rate resulting from a 100-year
storm event, plus any existing upstream runoff that will be conveyed through the
development site.
(2) Estimation of peak stormwater runoff rates used in the design of water conveyance facilities
shall use either the rational method or a hydrograph method of analysis accepted by the
Director.
(3) Existing drainage ways and/or other conveyance facilities downstream from proposed
developments that are identified within the scope of the downstream portion of the off-site
drainage analysis shall have sufficient capacity to convey, without flooding or otherwise
damaging existing or proposed structures, the post-development peak stormwater
discharge for the 25-year storm event. All newly constructed downstream drainage ways
and/or conveyance facilities shall have sufficient capacity to convey the post-development
peak stormwater discharge for the 100-year storm event. Downstream improvements or
additional on-site stormwater quantity control measures shall be provided to eliminate any
potential downstream flooding or other damage that may occur following completion of the
proposed development. The Director has the authority to waive the requirement for
downstream improvements.
(4) Drainage through closed conveyance structures such as pipes shall not discharge directly
onto the surface of a public road.
(5) Easements, Tracts, and Covenants.
(a) Drainage easements shall be provided in a proposed development for all stormwater
conveyance systems that are not located in public rights-of-way or tracts. Said drainage
easements shall be granted to the parties responsible for providing ongoing
maintenance of the systems.
(b) Stormwater facilities that are to be maintained by the city, together with maintenance
access roads to said facilities, shall be located in public right-of-way, separate tracts
dedicated to the city, or drainage easements located in designated open space. The
exception is for stormwater conveyance pipes that may be located within easements on
private property; provided, that all catch basins can be accessed without entering
private property.
(c) All runoff from impervious surfaces, roof drains, and yard drains shall be directed so as
not to adversely affect adjacent properties. Wording to this effect shall appear on the
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face of all final plats/PUDs, and shall be contained in any covenants required for a
development.
15.32.210 Stormwater drainage—Standards—Wetlands.
The following requirements apply only to situations where stormwater discharges directly or
indirectly into a wetland and must be met in addition to meeting the requirements in Major
Development Minimum Requirement 7.35(2), Stormwater Treatment BMPs:
(1) Stormwater discharges to wetlands must be controlled and treated to the same extent as all
other discharges, with the goal of meeting state water quality and ground water quality
standards.
(2) Discharges to wetlands shall maintain the hydroperiod and flows of predevelopment site
conditions to the extent necessary to protect the characteristic functions of the wetland.
Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and
natural water storage and infiltration opportunities outside the wetland shall be maximized.
(3) Created wetlands that are intended to mitigate for loss of wetland acreage, function and
value shall not be designed to also treat stormwater.
(4) In order for constructed wetlands to be considered treatment systems, they must be
constructed in areas which are not designated as wetland or wetland buffer or in other
areas which are in conflict with designated critical areas and associated buffers, and they
must be managed for stormwater treatment. If these systems are not managed and
maintained in accordance with the manual for a period exceeding three years, these
systems may no longer be considered constructed wetlands.
(5) Wetland BMPs shall not be built within a natural vegetated buffer, except for necessary
conveyance systems as approved by the department of public works.
15.32.220 Stormwater drainage—Standards—Regional facilities.
When the Director has determined that the public would benefit by the establishment of a
regional stormwater facility which would serve as an alternative to the construction of separate
on-site drainage facilities, the director may recommend to the city council that a regional
stormwater facility be constructed which would serve more than one development in providing
stormwater quantity and/or quality control. In the event that a regional stormwater facility is
required by the city council, such a regional stormwater facility shall be located outside of fish-
bearing streams, unless otherwise accepted by the Washington State Department of Fish and
Wildlife. All future developments constructed on lands designated by the city council to be
served by the regional facility shall, at the time of issuance of a stormwater management
permit for a development, be required to contribute a fair share to the cost of land purchase,
design, and construction of said regional facility. In the event that a proposed regional
stormwater facility is not yet in operation at the time of completion of construction of a
development that is to be served by said regional facility, the applicant for said development
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shall be required to provide temporary stormwater quantity and quality controls. Temporary
quantity and quality controls may be constructed in temporary easements, rather than in
separate tracts.
15.32.230 Stormwater drainage—Standards—Basin planning.
An adopted and implemented basin plan may be used to develop requirements for source
control, stormwater treatment, streambank erosion control, wetlands, and water quality
sensitive areas that are tailored to a specific basin. Adopted and implemented watershed-based
basin plans may be used to modify any or all of the minimum requirements for stormwater
quantity or quality control addressed in this chapter; provided, that the level of protection for
surface or ground water achieved by the basin plan will equal or exceed that which would
otherwise be achieved by implementation of the provisions of this chapter in the absence of a
basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing
development and/or redevelopment in order to achieve watershed-wide pollutant reduction
goals. Standards developed from basin plans shall not modify any of the above requirements
until the basin plan is formally adopted and fully implemented by the city.
15.32.240 Stormwater drainage—Standards—Exemptions.
(1) Residential lots one acre or larger shall be exempt from the provisions of POMC 15.32.XXX
through 15.32.XXX this section, or as otherwise determined by the Director. Cases where
this exemption does not apply include, but are not limited to, sites within or adjacent to
critical areas or watersheds, steep or unstable slopes, or where the cumulative impacts of
development warrant compliance with these provisions. Site development activities taking
place on individual lots of one acre or larger, which meet the definition of a major
development, are not exempt from the requirements of POMC 15.32.XXX065. Proposed
access roadways serving residential lots larger than two and one-half acres, which meet the
definition of a major development, are not exempt from the requirements of
POMC 15.32.XXX065.
15.32.250 Stormwater drainage—Facilities—Covenants, sureties, and liability insurance.
(1) Site Stabilization Surety.
(a) Prior to the issuance of a stormwater drainage permit and prior to beginning any
construction activity on a project site, the owner of the project will be required to
record a performance covenant or post a performance surety for site stabilization and
erosion and sedimentation control. In addition, the owner may be required to provide a
certificate of commercial liability insurance as outlined in subsection (5) of this section.
(b) This performance requirement for stabilization and erosion control should not be
confused with the performance bond accepted at the time of final plat recording as a
surety for construction items not yet completed. When a performance bond is accepted
for a final plat in lieu of construction completion, the surety or covenant for stabilization
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and erosion control will be released, and the new performance bond shall cover site
stabilization and erosion control along with the other incomplete construction items.
(2) Performance Covenant for Site Stabilization. For project sites with less than five (5) acres of
land disturbing activity, a performance covenant may be recorded in lieu of performance
surety for site stabilization prior to issuance of the stormwater drainage permit to
guarantee the city that temporary erosion and sedimentation control and permanent site
stabilization measures will perform in accordance with this chapter. This covenant shall be
recorded with the Kitsap County auditor and shall run with the land until such a time as the
city issues final acceptance of the permitted activities, or until a separate performance bond
is posted prior to final plat approval. Upon issuance of final project approval, the
department of public works will record a document that extinguishes the performance
covenant.
(3) Performance Surety for Site Stabilization.
(a) The term “bond” as defined in this chapter shall mean a surety bond, assignment of
funds, or irrevocable bank letter of credit. For project sites with five (5) or more acres of
land disturbing activity, a performance bond shall be posted prior to issuance of a
stormwater drainage permit to guarantee the city that temporary erosion and
sedimentation control and permanent site stabilization measures will perform in
accordance with this chapter. The amount of the performance bond shall be as follows:
i. One hundred fifty percent of the estimated cost of performing minor grading
and installing temporary erosion and sedimentation control, and permanent site
stabilization measures to bring the construction site into compliance with this
chapter. A cost estimate shall be submitted by the project engineer subject to
the approval of the Director. The minimum amount of the bond shall be $5,000;
or
ii. One thousand dollars per acre of land disturbing activity. No engineer’s e stimate
is required.
(b) If the site work is determined by the Director to be in violation of this chapter, the city
may use the performance bond to provide temporary and permanent site stabilization.
(c) All performance bonds shall run continuously until released by the city, and shall not be
subject to an expiration or cancellation date.
(4) Performance Bond for Uncompleted Site Improvements.
(a) For single-family residential developments, a performance bond shall be provided prior
to the final recording of the plat/PUD, guaranteeing completion of all site improvements
not yet completed. The amount of the performance bond shall be 150 percent of the
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estimated cost of said improvements. The estimated cost of the construction shall be
determined by a civil engineer subject to the approval of the director.
(b) All performance bonds shall run continuously until released by the city, and shall not be
subject to an expiration or cancellation date.
(5) Commercial Liability Insurance. The owner of any project must provide a certificate of
liability insurance to the department of public works prior to issuance of a stormwater
drainage permit. The liability insurance shall remain in force until final project approval is
issued by the city. The commercial liability insurance shall be in the amount of not less than
$1,000,000 combined single limit bodily injury and property damage, with a $2,000,000
aggregate. Such insurance shall include the City of Port Orchard, its officers, and employees
as additional insureds, with respect to the terms and conditions of the policy.
(6) Maintenance Bonds. A maintenance bond is required for all subdivisions and commercial
projects for which stormwater facilities and/or roads are required pursuant to the
following:
(a) Prior to the final approval of construction and release of any performance sureties, a
maintenance bond must be posted and maintained by the project owner for a period of
two (2) years.
(b) The maintenance bond shall guarantee the stormwater facilities and roads constructed
under permit against design defects and/or failures in workmanship and shall guarantee
that the facilities constructed under the permit will be regularly and adequately
maintained throughout the maintenance period. At the end of this time, the city will
inspect the system and, when the facility is acceptable and 80 percent of the lots in that
phase have been improved, the city will release the maintenance bond. In the event
that 80 percent of the lots in a residential development have not been improved by the
end of the two-year maintenance period, the maintenance bond may be extended,
subject to the approval of the Director, for one (1) additional year.
(c) The amount of the maintenance bond shall be ten (10) percent of the estimated
construction cost of the stormwater facilities and roads requiring maintenance, or
$5,000, whichever is greater. The construction cost of the stormwater facilities requiring
maintenance shall be estimated by the project engineer, subject to the approval of the
Director.
15.32.260 Stormwater drainage—Facilities—Operation and maintenance.
(1) Maintenance of Stormwater Facilities by Owners.
(a) Any person or persons holding title to a nonresidential property for which stormwater
facilities and BMPs have been required by the city shall be responsible for the continual
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operation, maintenance, and repair of said stormwater facilities and BMPs in
accordance with the provisions of this chapter.
(b) For privately maintained stormwater facilities, the maintenance requirements specified
in this chapter, including the Stormwater Manuals, shall be enforced against the
owner(s) of the subject property served by the stormwater facility.
(2) Maintenance Covenant Required for Privately Maintained Drainage Facilities.
(a) Prior to the beneficial use of a development constructed under a city permit, the owner
shall record a maintenance covenant that guarantees Port Orchard that the owner shall
properly operate, maintain, and inspect the stormwater facilities, and that also gives the
city the authority to enter and inspect the facility. The restrictions set forth in such
covenant shall be included in any instrument of conveyance of the subject property and
shall be recorded with the Kitsap County auditor.
(b) The Director may require the owners of existing stormwater facilities for which the city
has not previously accepted operation and maintenance responsibility to record a
maintenance covenant, or to request that the city accept operation and maintenance
responsibility for the stormwater facilities subject to the requirements of this chapter.
(c) Maintenance covenants shall remain in force for the life of the development, or until
the responsibility for the operation and maintenance of the subject stormwater facilities
is accepted by the city.
(3) City Acceptance of New Stormwater Facilities. The city may accept for maintenance those
new residential stormwater facilities constructed under an accepted stormwater drainage
permit that meet the following conditions:
(a) Improvements in residential plats/PRDs have been completed on at least 80 percent of
the lots, unless waived by the Director;
(b) All drainage facilities have been inspected and accepted by the Director and said
drainage facilities have been in satisfactory operation for at least two (2) years;
(c) All drainage facilities reconstructed during the maintenance period have been accepted
by the Director;
(d) The stormwater facility, as designed and constructed, conforms to the provisions of this
chapter;
(e) All easements required under this chapter, entitling the city to properly operate and
maintain the subject drainage facility, have been conveyed to the city and have been
recorded with the Kitsap County auditor;
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(f) For nonstandard drainage facilities, an operation and maintenance manual, including a
maintenance schedule, has been submitted to and accepted by the city; and
(g) A complete and accurate set of reproducible Mylar as-built drawings and a CD
containing an acceptable electronic set of as-built drawings have been provided to the
city. A professional engineer shall certify that both the vertical and horizontal alignment
meet the design objectives.
(h) The Director may terminate the city’s assumption of maintenance responsibilities under
this section in writing after determining that continued maintenance will not
significantly contribute to protecting or improving the health, safety and welfare of the
community.
(4) City Acceptance of Existing Stormwater Facilities. The city may accept for maintenance
those stormwater facilities for residential developments existing prior to the effective date
of the ordinance codified in this chapter that meet the following conditions:
(a) Improvements in residential plats/PRDs have been completed on at least 80 percent of
the lots; and
(b) An inspection by the Director has determined that the stormwater facilities are
functioning as designed; and
(c) The stormwater facilities have had at least two (2) years of satisfactory operation and
maintenance, unless otherwise waived by the Director; and
(d) The person or persons holding title to the properties served by the stormwater facilities
submit a petition containing the signatures of the title holders of more than fifty (50)
percent of the lots served by the stormwater facilities requesting that the city maintain the
stormwater facilities; and
(e) All easements required under this chapter, entitling the city to properly operate and
maintain the subject stormwater facilities, have been conveyed to the city and have been
recorded with the Kitsap County auditor; and
(f) The person or persons holding title to the properties served by the stormwater facilities
show proof of the correction of any defects in the drainage facilities, as required by the
Director.
(g) The Director may terminate the city’s assumption of maintenance responsibilities under
this section in writing after determining that continued maintenance will not significantly
contribute to protecting or improving the health, safety and welfare of the community.
(5) City Inspections of Privately Maintained Stormwater Facilities.
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(a) The Director is authorized to develop an inspection program for privately owned and
maintained stormwater facilities in the city. The purpose of this inspection program shall be
to determine if said stormwater facilities, conveyance structures, and water quality facilities
are in good working order and are properly maintained and to ensure that stormwater
quality BMPs are in place and that nonpoint source pollution control is being implemented.
(b) Whenever the provisions of the inspection program are being implemented, or
whenever there is cause to believe that a violation of this chapter has been or is being
committed, the inspector is authorized to inspect during regular working hours and at other
reasonable times any and all stormwater drainage facilities within the city to determine
compliance with the provisions of this chapter.
(6) Inspection Schedule. The Director is authorized to establish a master inspection and
maintenance schedule to inspect appropriate stormwater facilities that are not owned and
operated by the city. The party (or parties) responsible for maintenance and operation shall
be identified. Critical stormwater facilities, as so deemed by the Director, may require a
more frequent inspection schedule.
15.32.270 Stormwater drainage—Enforcement.
(1) Failure to Comply. It is unlawful for any person to violate any provision or fail to comply
with any of the requirements of this chapter.
(2) Emergency Access and Reparation. In the event the violation constitutes an immediate
danger to public health or safety, the Director is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures necessary to
abate the violation and/or restore the property. Any expense related to such remediation
undertaken by the city shall be fully reimbursed by the property owner and/or responsible
party. Any relief obtained under this section shall not prevent the city from seeking further
relief or applying other penalties as provided in this chapter.
(3) Civil Infraction. Except as provided in subsection (4) of this section, conduct made unlawful
by this chapter shall constitute a civil infraction and is subject to enforcement and fines as
provided in Chapter 2.64 POMC. A civil infraction under this section shall be processed in
the manner set forth in Chapter 2.64. POMC.
(4) Misdemeanor. Any person who again violates this chapter within twelve (12) months after
having been found to be in violation of this chapter commits a misdemeanor.
(5) Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other available
sanction or remedial procedure, any person engaging in conduct made unlawful by this
chapter shall be subject to a cumulative civil penalty in the amount of $1,000 per day for
each violation from the date set for compliance until the date of compliance. Any such civil
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penalty shall be collected in accordance with Chapter 2.64 POMC.
(6) Additional Remedies. In addition to any other remedy provided by this chapter or under
the Port Orchard Municipal Code, the city may initiate injunction or abatement proceedings
or any other appropriate action in courts against any person who violates or fails to comply
with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of
this chapter and/or to restore a condition which existed prior to the violation. In any such
proceeding, the person violating and/or failing to comply with any provisions of this chapter
shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing,
maintaining and/or prosecuting such action.
(7) Violation of Additional Laws. Any person who violates any provision of this chapter may
also be in violation of the Federal Clean Water Act, NPDES Phase II permit, and/or Chapter
90.48 RCW and may be subject to sanctions associated with each, including civil and
criminal penalties. Any enforcement action authorized under this chapter shall also include
written notice to the violator of such potential liability.
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OVERVIEW—WWSWP II LID REQUIREMENTS
1. WESTERN WASHINGTON PHASE II STORMWATER PERMIT—OVERVIEW
The Municipal National Pollutant Discharge Elimination System (NPDES) is a federal regulatory
program under the Clean Water Act, administered by the Environmental Protection Agency
(EPA), which regulates discharges from municipal separate storm sewer systems (MS4s). The
EPA regulations establish two phases—Phase I for medium and large MS4s, and Phase II for
smaller MS4s. The Washington State Department of Ecology (DOE) develops and administers
coverage of NPDES municipal stormwater permits within the state. The Phase I Municipal
Stormwater Permit issued by DOE regulates discharges from MS4s owned or operated by Clark,
King, Pierce, and Snohomish Counties; and the cities of Seattle and Tacoma. The Phase II
Municipal Stormwater Permit issued by DOE regulated discharges fro m “small” MS4s. DOE has
issued two Phase II permits: one for Eastern Washington and one for Western Washington.
The City of Port Orchard operates under the Western Washington Phase II Stormwater Permit
(the “NPDES Permit” or the “Permit”). The City complies with Permit requirements by adoption
and implementation of DOE’s Stormwater Management Manual for Western Washington (the
“Ecology SWM Manual”). The City’s Public Works Design and Construction Standards (“PW
Standards”), provide technical specifications and guidance for implementing the Ecology SWM
Manual requirements within the City.
2. NEW NPDES PERMIT REQUIREMENTS—LOW IMPACT DEVELOPMENT
In 2012, DOE issued an updated NPDES Permit to be effective from August 1, 2013, through July
31, 2018. The updated Permit has built upon the requirements and programs developed under
the original Permit. Though, most significantly, the updated Permit requires Permittees to
conduct a citywide process to “…review, revise, and make effective their local development
related codes, rules, standards, and other enforcement documents…” in order to eliminate
barriers within city codes that inhibit the use of a stormwater management approach referred
to as Low Impact Development (“LID”). According to the NPDES Permit, the intent of such
revisions “…shall be to make LID the preferred and commonly-used approach to site
development.”
The LID-related NPDES Permit regulations were included as a response to a 2008 ruling from
the Washington State Pollution Control Hearing Board. As such, the requirements are quite
specific in their intent to make low impact development the preferred and common method for
managing stormwater drainage. The NPDES Permit requires design engineers to use specific LID
methodologies, design assumptions, and criteria. The Permit also requires development
projects to use specific LID facilities at development project sites, or design stormwater
facilities that will manage stormwater to a specific standard. This performance standard offers
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the design engineers a less prescriptive means by which to meet the Permit’s LID regulations
and allows innovative approaches to be approved by the City during a development plan review
process. The Washington State Department of Ecology also provides guidance and training
regarding LID, which further defines the boundaries that jurisdictions must operate within to
meet NPDES LID-related Permit requirements.
This Permit requirement to incorporate and require LID principles and LID best management
practices (BMPs) for development within the city must be implemented by December 31, 2016.
3. WHAT IS LOW IMPACT DEVELOPMENT?
Conventional stormwater management has led to large stormwater facilities in one location.
Implementing the LID BMPs in the Ecology SWM Manual will result in smaller, maintenance-
friendly stormwater retention facilities, which are intended to function more like nature.
Installation of bioretention and infiltration systems will take precedence over the use of
conventional systems (e.g., concrete vaults and fenced wet detention facilities).
In general, the primary LID principles and BMPs included in the Ecology SWM Manual, as well as
the proposed updates to the POMC, include measures to minimize the amount of impervious
surfaces in a development project, minimize the loss of native vegetation, and minimize
stormwater runoff (i.e. encourage natural infiltration of stormwater). The following are just a
few examples of how these measure can be implemented and achieved:
Platting, lot design, and street standards can allow for more open space to promote
natural infiltration.
Bio-swales can be used to collect storm runoff and allow natural infiltration through the
ground.
Pervious pavement can be used for walkways, parking areas, driveways, patios, and
certain streets. The pervious pavement reduces the amount of storm runoff by allowing
rain to infiltrate through the surface and into the ground. Examples are pervious
concrete, pervious asphalt, permeable pavers, and grass pavers.
Green roofs can be used on residential or commercial development. The thin layer of
soil and installation of plants can reduce the amount of storm runoff by absorbing the
rain.
Disconnecting tightlined downspouts, when an appropriate alternative that allows
stormwater infiltration is available, can reduce the amount of storm runoff into the
public surface water system. Runoff can be routed to a rain garden or a designated grass
or gravel area and infiltrated. This replenishes groundwater and helps reduce the
increase flow to small creeks during rain events. A clearing and grading permit or other
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review may be required for rain gardens and other alternatives to tightlined
downspouts.
Rain barrels and cisterns can be used to capture roof runoff to be used later for
irrigation. This reduces the increase in summer water usage.
Rain gardens and bioretention areas can be used to collect runoff from hard surfaces.
Pollutants are removed by the plants and a large portion of the runoff is infiltrated.
Amending soils with compost will increase infiltration and absorption. Nutrients in the
composted soils work to break down and remove pollutants from the runoff.
4. BENEFITS OF LOW IMPACT DEVELOPMENT
The benefits of incorporating LID BMPs into all development projects are many—some of note:
Developers can reduce the size of traditional stormwater facilities, reduce costs, and
meet the City’s landscape requirements by incorporating LID elements into new
development.
LID facilities are generally easier and cheaper to maintain (this is a benefit to both
private owners of stormwater facilities, as well as the City for city-owned stormwater
facilities).
Wetlands, lakes, and streams will receive less pollutants and cooler water as more LID
techniques are used. This improves habitat and water quality for recreational uses.
Homeowners can reduce water usage for irrigation by installing LID features. These
systems often cost less to maintain.
5. FINANCIAL IMPACT OF LOW IMPACT DEVELOPMENT
The adoption of any new regulation or development practice is not without an associated
financial cost. However, it is important to remember that the proposed amendments to the
POMC to implement the LID practices required by the NPDES Permit are also being adopted by
all permitted jurisdictions within the western portion of the state operating under the NPDES
Permit.
General considerations of financial impacts for implementing LID BMPs pursuant to the
minimum requirements under the NPDES Permit (to both private developers and City
operations) include the following:
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The cost to conduct pre-construction site analysis and planning will likely increase.
In areas where soils readily soak-up stormwater, the added expense of analysis and
planning may be off-set by savings resulting from a reduction in the size of traditional
detention facilities—i.e. smaller stormwater ponds and vaults.
In areas where soil infiltrates poorly, the use of LID could increase the costs to plan and
build stormwater management facilities.
Applicants can voluntarily choose to utilize more LID techniques than required if it is less
expensive relative to traditional stormwater management techniques (e.g. pipes, vaults,
ponds, etc.).
The greatest financial burden will most likely fall on development projects that have
soils that drain poorly, but not so poorly as to trigger the infeasibility criteria thresholds
for LID infiltration facilities.
Project costs for capital and transportation improvement projects should be updated to
account for the use of LID where needed/required.
Incorporating LID techniques into the city’s daily operations, other than capital and
transportation projects, will require additional time, energy, and equipment. LID uses a
greater degree of pre-construction analysis and numerous small, dispersed stormwater
facilities at individual development sites. As a result, additional staff time will be needed
to review project development submittals; inspect facilities during construction; and
monitor facilities after construction. These considerations should be included within the
Stormwater Utility budget and rates.
Bear in mind that if stormwater does not soak into the ground and infiltrate at a specific
rate, the site is exempt from the NPDES Permit on-site LID infiltration requirements (as
further described in the next section).
6. WHEN LID IS NOT REQUIRED—INFEASIBILITY
As noted, all development with the city will be required to comply with the LID requirements of
the NPDES Permit, except where the developer can demonstrate that it is infeasible to use LID
BMPs in their proposed development activity.
The Ecology SWM Manual provides infeasibility criteria for the infiltration of stormwater and
also provides separate infeasibility criteria for bioretention (rain gardens) and pervious
pavement. These criteria are based on technical considerations only, as economic
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considerations cannot be used as justification for infeasibility. According to the Ecology SWM
Manual, if soils at a development project site do not soak up water at a rate of 0.3 inches per
hour or greater, the site is considered infeasible for infiltration. Additional criteria to
demonstrate infeasibility may also apply, for example:
In limited circumstances, such as Superfund sites, a site with contaminated soils may be
considered infeasible for infiltration. (Most sites will be required to remediate soils or
use a lined stormwater retention facility with an overflow structure.)
Sites with close proximity to steep slopes or landslide hazard areas are infeasible for
infiltration.
Dispersing runoff and allowing it to drain in septic fields is not considered feasible.
Pervious pavements are infeasible for roads that are not “low traffic volume” (i.e., less
than 400 vehicle trips per day).
The city will review materials submitted by development project proponents to determine if
the submittals provide a justification for infeasibility. Because LID includes actions such as tree
retention, site planning, and native soil protection, some amount of planning for LID will likely
be appropriate at most development sites.
7. RECOMMENDATION FOR ADOPTION OF PROPOSED AMENDMENTS
The proposed amendments to the POMC, as presented for your review and comment, should
be recommended for adoption because:
Adoption of these amendments will place the city in compliance with the NPDES Permit
(state requirements and provisions of the federal Clean Water Act).
The use of LID BMPs is consistent with Port Orchard’s vision and is well supported within
the Comprehensive Plan.
The proposed amendments to the POMC are no more or less restrictive than those
being proposed by neighboring jurisdictions.
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Chapter 16.80
PLANNED LOW IMPACT DEVELOPMENT (PLID) – ALTERNATIVE DEVELOPMENT REGULATIONS
Sections:
16.80.005 Voluntary compliance.
16.80.010 Purpose.
16.80.020 LID design criteria.
16.80.030 Permitted uses.
16.80.040 Design and development standards.
16.80.050 Conformance.
16.80.060 General design criteria.
16.80.070 Site assessment.
16.80.080 Native vegetation areas.
16.80.090 Native soil protection and amendment.
16.80.100 Clustering.
16.80.110 Residential densities.
16.80.120 Lot size, lot width, building height, impervious coverage.
16.80.130 Circulation and access.
16.80.140 Parking.
16.80.150 Impervious and pervious surfacing methods.
16.80.160 Drainage and land alteration.
16.80.170 Site assessment and concept plan.
16.80.180 Preliminary meeting.
16.80.190 Information submittal.
16.80.200 General provisions.
16.80.210 Textual information.
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16.80.220 Site plan and supporting maps and graphics.
16.80.230 Supplemental information.
16.80.300 Planned low impact development procedure.
16.80.310 Review process.
16.80.320 Preapplication conference.
16.80.330 Additional required findings.
16.80.340 Installation of improvements.
16.80.350 Final review and approval.
16.80.360 Control of the development after completion.
16.80.005 Voluntary compliance.
Compliance with the provisions of this chapter is voluntary, but encouraged. In lieu of the development
regulations set forth in other chapters of the land use regulatory code, an applicant may choose to
comply with the provisions of this chapter.
16.80.010 Purpose.
This chapter is enacted with a goal of retaining the critical functions of a forest including
evapotranspiration and infiltration after site development such that effective impervious surfaces are
substantially reduced. As part of meeting this goal, this chapter is intended to fulfill the following
purposes:
(1) Provide those developing land the opportunity to demonstrate substantial reduction in effective
impervious surfaces.
(2) Improve the conditions of habitat and ground and surface waters within a watershed with innovative
urban residential design and development techniques.
(3) Foster broad community acceptance of the use of significantly less impervious surface and greater
natural habitat conservation on sites.
(4) Provide the opportunity to identify and evaluate potential substantive changes to land use
development regulations which support and improve natural functions of watersheds.
(5) Manage stormwater through a land development strategy that emphasizes conservation and use of
on-site natural features integrated with engineered, small-scale hydrologic controls to more closely
mimic predevelopment hydrologic conditions.
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(6) Encourage creative and coordinated site planning, the conservation of natural conditions and
features, the use of appropriate new technologies and techniques, and the efficient layout of streets,
utility networks and other public improvements.
(7) Minimize impervious surfaces and effective impervious surfaces.
(8) Encourage the creation or preservation of permanent forested open space.
(9) Encourage development of residential environments that are harmonious with on-site and off-site
natural and built environments.
(10) Further the goals and the implementation of the policies of the comprehensive land use plan.
16.80.020 LID design criteria.
Conformance to the following criteria is required for all development reviewed under the provisions of
this chapter:
(1) LID projects shall meet the minimum peak and duration flow control standards per the Department
of Ecology Stormwater Management Manual for Western Washington, current edition.
(2) Flow control facilities may be reduced in size through compliance with LID Technical Guidance
Manual (Puget Sound Action Team, 2005) Section 7.2.2 for all or part of the development site.
(3) Water quality treatment BMPs shall be provided to treat 91 percent of the annual runoff volume per
the Department of Ecology standards.
(4) All site soils disturbed during construction shall be rehabilitated to the specifications of Integrated
Management Practice 6.2 of the LID Technical Guidance Manual for Puget Sound (Puget Sound Action
Team, 2005).
(5) After the certificate of occupancy is issued, there shall be no net increase in effective impervious
surfaces for all PLID projects.
(6) All projects with Type A (outwash) soils shall infiltrate 100 percent of runoff.
(7) All projects shall provide a maintenance plan/program that has been approved by the city, including
source control BMPs.
Table 16.80.020-1
Pond Reduction
(infiltration < 0.30
in./hr. or less)1,2
Pond Reduction
(infiltration of ≥
0.30 in./hr. or
more)1,2
Native
Vegetation
Area3
Maximum
Impervious Surface
Area4
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Table 16.80.020-1
Pond Reduction
(infiltration < 0.30
in./hr. or less)1,2
Pond Reduction
(infiltration of ≥
0.30 in./hr. or
more)1,2
Native
Vegetation
Area3
Maximum
Impervious Surface
Area4
Urban Residential < 6.1 Dwelling
Units per Acre 50% 60% 35%
See Table
16.80.020-2
Urban Residential 6.1 ≥ Dwelling
Units per Acre 50% 60% 20%
See Table
16.80.020-2
Multifamily5,6 40% 80% 20% 70%
Commercial6 40% 80% 10% 70%
(a) The volume reduction in the table represents a reduction as compared to the volume needed for a
detention pond serving a standard development.
(b) Infiltration rates are as measured in the field at the proposed LID location using techniques
recommended in the Stormwater Management Manual for Western Washington and the LID Technical
Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).
(c) Native vegetation area includes native, undisturbed areas or rehabilitation of previously disturbed
areas. Native vegetation area may integrate passive recreation facilities. Active recreation areas shall
not count towards native vegetation area total as defined under POMC 16.80.080.
(d) See POMC 16.80.150(1) for definitions of impervious areas.
(e) Multifamily projects are those projects containing more than four dwelling units attached in a single
structure, regardless of ownership mechanism.
(f) Multifamily and commercial projects must use pervious pavement for at least 20 percent of all paved
surfaces.
Table 16.80.020-2
Maximum Percent Impervious Area
Based on Residential Density
Dwelling Units
per Acre
Maximum %
Impervious
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Table 16.80.020-2
Maximum Percent Impervious Area
Based on Residential Density
Dwelling Units
per Acre
Maximum %
Impervious
≤1.4 du/ac 10%
1.5 – 2.4 du/ac 15%
2.5 – 3.4 du/ac 20%
3.5 – 4.9 du/ac 30%
5.0 – 6.9 du/ac 35%
7.0 – 9.9 du/ac 40%
≥10.0 du/ac or greater 60%
16.80.030 Permitted uses.
Uses allowed in a planned low impact development shall include permitted, accessory and conditional
uses allowed in and subject to the conditions of the underlying zone district(s).
16.80.040 Design and development standards.
Reserved.
16.80.050 Conformance.
All uses and development shall conform to all relevant requirements and standards of:
(1) The zone district(s) within which the planned low impact development is located, except as may be
modified by this chapter;
(2) The International Building and Fire Codes;
(3) Port Orchard land use regulatory code where it does not conflict with the standards and
requirements of this chapter; and
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(4) Other applicable official controls.
16.80.060 General design criteria.
(1) The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility
easements shall be designed to promote public safety, compatibility of uses, minimize effective
impervious surface, preserve forested open space, and complement predevelopment site characteristics
such as topography, soils, hydrology, and other natural features.
(2) PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval shall
record an easement or covenant against the land title to ensure that the low impact development
features are protected.
16.80.070 Site assessment.
Low impact development site design is intended to mimic the predevelopment conditions on the site.
The development context shall be established by an initial site assessment consistent with the
requirements of POMC 16.80.170. The initial inventory and assessment process will provide the baseline
information necessary to design strategies that preserve natural resources, preserve areas most
appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the goal of maintaining
predevelopment natural hydrologic conditions on the site. The assessment will result in a series of maps
identifying streams, lakes, wetlands, buffers, steep slopes, and other hazard areas, significant wildlife
habitat areas, and permeable soils offering the best available infiltration potential. Maps can be
combined as hard copies or as GIS layers to delineate the best areas to direct development. Designated
development areas, which will contain all impervious surfaces and landscaped areas on the site, should
be configured to minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a
site’s natural stormwater processing capabilities. Designated development area boundaries shall be
delineated on site plans and identified on the site during site preparation and construction. Areas
outside of the designated development area envelope shall be designated native vegetation areas or
reserve areas.
16.80.080 Native vegetation areas.
(1) For the purposes of calculating required area, inundated lands shall not be included; however, other
critical areas and their buffers may be included within the native vegetation area boundaries, so long as
they contain existing native vegetation (e.g., a steep slope with Douglas fir may be counted while one
with Himalayan blackberry may not). Land below an ordinary high water mark shall not be counted
towards the required native vegetation.
(2) Native vegetation areas shall be forested or reforested.
(a) Native vegetation areas that do not contain sufficient tree canopy coverage shall be planted with
native or near native trees with a minimum of one native tree for every 600 square feet to be replanted.
Each tree meeting the minimum replanting size standards of subsection (2)(c) of this section shall be
counted once, regardless of size. This requirement does not apply to wetlands or delineated wetland
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buffers. Each tree shall be counted once, regardless of size. This requirement does not apply to wetlands
or delineated wetland buffers.
(b) Native trees are indigenous to the Pacific Northwest or suitable for the Pacific Northwest climate. A
list of recommended native tree species is found under Table 16.50.297. A survey of existing trees and
tree planting plan shall be submitted for review and approval as required under POMC 16.80.220.
(c) Reforested areas shall be replanted with trees of two-inch caliper or greater. A minimum of 25
percent replanted trees shall be of deciduous species and a minimum of 25 percent replanted trees shall
be coniferous species.
(3) Existing native vegetation, forest litter and understory shall be preserved to the extent possible in
the native vegetation areas in order to reduce flow velocities and encourage sheet flow on the site.
Native vegetation areas that do not contain sufficient native vegetation, forest litter and understory
shall be replanted.
(4) Development within native vegetation areas shall be limited to stormwater dispersion facilities,
pervious pedestrian trails, and approved surface water restoration projects. Activities within the native
vegetation areas shall be limited to passive recreation, removal of invasive species, amendment of
disturbed soils consistent with all applicable regulations, and planting of native vegetation.
Development shall be consistent with all applicable critical areas requirements.
(5) A permanent protective mechanism shall be legally established to ensure that the required native
vegetation area is preserved and protected in perpetuity in a form that is acceptable to both the
applicant and the city and filed with the city’s auditor’s office. A permanent native vegetation area shall
be established using one of the following mechanisms.
(a) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision;
(b) Covered by a protective easement or public or private land trust dedication;
(c) Preserved through an appropriate permanent protective mechanism that provides the same level of
permanent protection as subsection (1) of this section as determined by the approval authority.
(6) Restrictions on the future use of the native vegetation area shall be recorded on the face of the final
plat or short plat.
16.80.090 Native soil protection and amendment.
(1) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent
practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated,
controlled area not adjacent to public resources and critical areas. The material shall be reapplied to
other portions of the site where feasible.
(2) Except as otherwise provided in subsection (3) of this section, areas that have been cleared and
graded or subject to prior disturbance shall be amended. Prior disturbance shall include soil compaction
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or removal of some or all of the duff layer or underlying topsoil. The amendment shall take place
between May 1st and October 1st. Replaced topsoil shall be a minimum of eight-inch depth, unless the
applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture
holding capacity native to the site. Replaced topsoil shall have an organic content of 10 percent dry
weight and a pH between 5.5 and 7.0. The intent of amending disturbed soils is to restore the moisture
holding capacity of the original undisturbed native soil to the maximum extent practicable.
(3) This section does not apply to areas that would harm existing trees proposed for retention, or that,
at project completion, are covered by an impervious surface, incorporated into a drainage facility or
engineered as structural fill or slope.
16.80.100 Clustering.
(1) To achieve the goals of low impact development, residential lots shall be clustered within the
designated development area of the site. Clustering is intended to preserve open space, reduce total
impervious surface area, and minimize development impacts on critical areas and associated buffers, as
defined in Chapter 16.40 POMC. Preservation of open space reduces potential stormwater runoff and
associated impacts and provides area for dispersion, filtration and infiltration of stormwater.
(2) The arrangement of clustered building lots shall be designed to avoid development forms commonly
known as linear, straight-line or highway strip patterns.
16.80.110 Residential densities.
All approved PLID projects will be eligible for a residential density incentive of 10 percent.
16.80.120 Lot size, lot width, building height, impervious coverage.
Modifications to the standards below are allowed through the PLID process. PLID projects must meet all
other requirements of the Port Orchard Municipal Code.
(1) Lot Size. Design objective: Minimize area of site disturbance. The minimum lot size of the underlying
zone district may be modified to achieve the goals in POMC 16.80.010.
(2) Lot Width. Design objective: Minimize street length. The minimum lot width of the underlying zone
district may be modified to achieve the goals in POMC 16.80.010.
(3) Building Height. Design objective: Minimize building footprint. Building height may exceed the
standard in the underlying zone to a maximum of 35 feet; provided, that the project design protects
adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and
significant public views. If in excess of 35 feet, the maximum height in the underlying zoning shall apply.
(4) Building Setbacks. Design objective: Minimize impervious surfaces. The setbacks of the zone may be
modified to achieve the goals in POMC 16.80.010.
16.80.130 Circulation and access.
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(1) Circulation and access provisions shall be appropriate to the scale of the project and to anticipated
traffic characteristics, and consistent with the requirements of Port Orchard road standards. Deviations
from the Port Orchard public works standards may be granted subject to the following criteria:
(a) Approval by the Port Orchard public works department and city fire marshal;
(b) A bioretention swale with compost amended soils shall be provided within the right-of-way or in
islands created by loop roadways.
(2) Loop roadways are encouraged to minimize impervious surfaces and facilitate emergency vehicle
access.
16.80.140 Parking.
Parking shall conform to the requirements of Chapter 16.45 POMC.
16.80.150 Impervious and pervious surfacing methods.
(1) Impervious area includes all hard surfaces that impede infiltration of rainfall into the underlying soil
profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement,
cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation
foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in
the total impervious area. Rainwater harvesting systems based on documented water balance may be
used to reduce the calculated total impervious area. Permeable pavement systems such as modular grid
pavement or pervious concrete count against the impervious surface totals only to the extent indicated
by Section 7.1.1 of the LID Technical Guidance Manual for Puget Sound (Puget Sound Action Team,
2005).
(2) Alternative surfacing includes, but is not limited to: paving blocks, turf block, pervious concrete,
porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods
may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders,
bike paths, walkways, patios, driveways, and easement service roads unless site constraints make use of
such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject
to review and approval by the Port Orchard public works department and fire marshal for compliance
with other applicable regulations and development standards. Surfaces that comply with this section
shall not be considered impervious surfaces under POMC 16.80.020.
16.80.160 Drainage and land alteration.
(1) Land alteration may commence when in compliance with the city of Port Orchard site development
regulations.
(2) Drainage plans and improvements shall be in compliance with city of Port Orchard drainage
standards. Alternative BMPs not specifically referenced in the city of Port Orchard standards may be
considered subject to approval by the city of Port Orchard public works department.
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16.80.170 Site assessment and concept plan.
The site design process for a planned low impact development begins with an in-depth site assessment.
The site assessment shall be a component of the project submittal. The site assessment shall include, at
a minimum, the following:
(1) A survey prepared by a registered land surveyor, registered civil engineer or other professional
licensed to conduct surveys showing existing public and private development, including utility
infrastructure, on and adjacent to the site, major and minor hydrologic features, including seeps,
springs, closed depression areas, drainage swales, and contours as follows:
(a) Up to 10 percent slopes, two-foot contours.
(b) Over 10 percent to less than 20 percent slopes, five-foot contours.
(c) Twenty percent or greater slopes, 10-foot contours.
(d) Spot elevations shall be at 25-foot intervals.
(2) Location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines,
lease areas, and easements.
(3) A soils report prepared by a licensed geotechnical engineer or licensed engineering geologist. The
report shall identify:
(a) Underlying soils on the site utilizing soil pits and soil grain analysis to assess infiltration capability on
site. The frequency and distribution of soil pits shall be adequate to direct placement of the roads and
structures away from soils that can most effectively infiltrate stormwater.
(b) Topologic features that may act as natural stormwater storage or conveyance and underlying soils
that provide opportunities for storage and partial infiltration.
(c) Depth to groundwater.
(d) Geologic hazard areas and associated buffer requirements as defined in the adopted Port Orchard
critical areas ordinance (POMC Title 18).
(4) A survey of existing native vegetation cover by a licensed landscape architect, arborist, qualified
biologist identifying any forest areas on the site, species and condition of ground cover and shrub layer,
and tree species, and canopy cover.
(5) A survey of wildlife habitat by a qualified biologist.
(6) A streams, wetland, and water body survey and classification report by a qualified biologist showing
wetland and buffer boundaries consistent with the requirements of the adopted Port Orchard critical
areas ordinance (POMC Title 18), if present.
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(7) Flood hazard areas on or adjacent to the site, if present.
(8) Aquifer and wellhead protection areas on or adjacent to the site, if present.
(9) Any known historic, archaeological, and cultural features located on or adjacent to the site, if
present.
16.80.180 Preliminary meeting.
Following completion of the site assessment and concept plan and prior to a preapplication conference,
applicants are encouraged to meet with city staff to discuss existing conditions and conceptual plans for
designated development areas, native vegetation areas, proposed lot and roadway configurations, and
preliminary stormwater management design.
16.80.190 Information submittal.
The information required in the following sections shall be submitted with planned low impact
development applications.
16.80.200 General provisions.
(1) Information submitted for initial review can be an approximate description indicating the general
nature of the proposal. Data shall be based on the applicant’s best knowledge or intent of the proposal
and shall be sufficiently clear to demonstrate how the project complies with the provisions of this
chapter.
(2) The city shall have the authority to waive any portion of the information requirements herein;
provided, that the information has been included with a previous rezone request, approved permit or
concept plan, and the present PLID application is consistent with the previous action to the extent that
the subject data is applicable.
16.80.210 Textual information.
The applicant must respond to each of the items below but the response may include estimates or
approximations where exact figures are not known at the time of the preapplication conference. All
estimates should be based on the applicant’s best knowledge and intent of the proposal. When
estimates or approximations are used they must be identified as such. The applicant should be aware
that any estimates or approximations provided may be used to set development conditions or
thresholds.
(1) General Data.
(a) The title and location of the proposed development, together with the names, addresses and
telephone numbers of the record owner or owners of the land and the application, and, if applicable,
the names, addresses and telephone numbers of any architect, planner, designer or engineer
responsible for the preparation of the plan, and of any authorized representative of the applicant.
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(b) The legal description of the subject property.
(c) Identify, if known, all special service districts, including fire, school (for residential projects only),
drainage and flood control in which the site is located.
(d) Documentation of site conditions of all applicable areas reviewed in the site assessment.
(e) Description of the proposed PLID including:
(i) Total gross area of the site;
(ii) Total area of reserve area;
(iii) Total project area (total gross site area minus total reserve area);
(iv) Total area of designated development area;
(v) Total area of native vegetation areas;
(vi) Total units proposed;
(vii) Proposed number of dwelling units by type;
(viii) Lot sizes and dimensions;
(ix) Total area of impervious surfacing;
(x) Proposed ownership of land areas within the PLID both during and after construction;
(xi) Gross density of dwelling units;
(xii) Requested dimensional modifications;
(xiii) Development schedule indicating the approximate date when construction of the PLID or stages of
the PLID can be expected to begin and be completed.
(f) Copy of all existing deeds, restrictive covenants, or other legal restrictions which apply to the project
site. The applicant may submit a copy of any proposed restrictive covenants that have been drafted.
(g) The names and addresses of all property owners within 300 feet of the site taken from the latest
equalized tax rolls.
(h) Preliminary drainage report as described in the city of Port Orchard public works standards.
16.80.220 Site plan and supporting maps and graphics.
An initial site plan and any supporting graphics, narrative descriptions and maps to show existing
conditions and major details of the proposed PLID. The initial site plan and supporting graphics and
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maps in combination shall provide a level of detail appropriate to the scale of the project and sufficient
to demonstrate how the project complies with the provisions of this chapter.
(1) Proposed name of the development, north point, scale, date and address, and telephone number of
the preparer of the site plan/supporting maps.
(2) All information included in the site assessment in POMC 16.80.170 should be provided at a legible
scale appropriate to the area covered by the proposal at the discretion of the city.
(3) Designated development areas.
(4) Native vegetation areas.
(5) Reserve areas.
(6) Areas of disturbed soils to be amended.
(7) The existing and proposed circulation system of arterial, collector and/or local streets, including
right-of-way street widths, off-street parking areas, and major points of access to public rights-of-way
(including major point of ingress and egress to the development). Notations of proposed ownership,
public or private, shall be included where appropriate.
(8) Location and width of existing and proposed sidewalks and trails.
(9) Proposed lots and dimensions.
(10) For residential structures, provide the types and number of residential units in each structure or the
range of residential structures proposed together with the range of the type and number of units per
structure.
(11) For nonresidential buildings, the gross floor area of each building.
(12) The location and square footage or approximate location and square footage or acreage of all areas
to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school
sites, and similar public and semi-public uses with notations of proposed ownership included where
appropriate.
(13) Landscaping and open space improvements plan or concept.
(14) The proposed treatment of the perimeter of the PLID, including materials and techniques used such
as screens, fences and walls.
(15) The location of existing and proposed utilities including sanitary sewers, water lines and storm
drainage facilities intended to serve the development.
(16) Existing zoning and comprehensive plan boundaries for the site and adjacent property.
(17) Information of contiguous properties within 300 feet of the proposed PLID including:
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(a) Existing and, if known, proposed land use and streets; and
(b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the
landscape, if readily accessible.
(18) A vicinity map showing the location of the site and its relationship to surrounding areas, including
existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines,
schools, parks or other prominent features.
(19) Landscape plan, including a survey of existing trees and a tree planting plan for native vegetation
areas.
16.80.230 Supplemental information.
(1) A completed environmental checklist; except that if the applicant has agreed in writing to the
preparation of an environmental impact statement, no checklist shall be required.
(2) Letters of water and/or sewer availability where water and/or sanitation service is to be obtained
from an existing public system, including a water association.
(3) Where a new water system is proposed, include the source of the water, the estimated amount of
water available from a groundwater or surface water source, the status of water rights application, and
the general location and size of the proposed pipe and other major appurtenances for development of
community or public systems. The description shall also include improvements for fire protection.
(4) A description of the sanitation facilities which shall include the method of sanitation and, where
applicable, the location of community on-site sewage waste disposal systems, location of soil log holes,
percolation rate data, and the general location and size of proposed pipe and other major
appurtenances. Where on-site sanitation systems are proposed, the applicant shall provide evidence
demonstrating the suitability of all lots or any single lot. Percolation tests shall be performed under the
direction of a licensed hydrologist, sanitarian or engineer.
(5) One copy of the water and sanitation information, particularly the soil log hole and percolation rate
data, is recommended to be submitted directly to the health department prior to submittal of the
planned low impact development.
(6) A traffic study if required by the department of public works at the preapplication conference. The
traffic study does not need to be submitted with the application if an environmental impact statement is
being prepared for the project and a traffic study will be completed for the EIS.
(7) The proposed method of providing long-term maintenance of improvements or facilities, including
roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and
community or public open space. The purpose of this subsection is to generally identify the method of
maintenance and not to require detailed agreements.
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(a) If to be maintained by a governmental jurisdiction or existing water association, a letter from the
jurisdiction or association shall be submitted specifying acceptance of maintenance responsibility and
indicating the conditions, if any, upon which the acceptance is contingent.
(b) If the maintenance is to be provided privately, the developer shall indicate the organization to
provide the maintenance and the method and approximate amount of funding required therefor.
(c) Draft instruments for permanent preservation of native vegetation areas and maintenance of low
impact drainage facilities.
16.80.300 Planned low impact development procedure.
All PLID applications shall be reviewed and approved or disapproved pursuant to the procedures
contained in this title, and the public works standards.
16.80.310 Review process.
Reserved.
16.80.320 Preapplication conference.
(1) An applicant shall request a preapplication conference to be held prior to submission of an
application and which should take place prior to any detail work. The developer or representative shall
be prepared to present to the designated enforcing officer and the SEPA official conceptual sketches
which contain in a rough and approximate manner adequate information to describe the proposal in
relation to the topics listed below. The conference shall be scheduled after the land use division of
planning and development services receives sufficient copies of information from the applicant to
distribute to the technical committee and the SEPA official. All information presented by the developer
shall be considered confidential. The purpose of the conference is to enable the developer to consult
with the technical committee and SEPA official as to the intent, standards and provisions of this title,
other applicable land use controls, and SEPA as they apply to the proposed project. It is also the purpose
of this conference to identify as many potential problems and opportunities as possible in order for the
application to be processed without delay or undue expense. Discussion will include the following
topics:
(a) City comprehensive plan;
(b) Zoning;
(c) Shoreline master program;
(d) Any adopted street and road plan and/or program;
(e) Availability of water and sanitation;
(f) Development and design concepts, including designated development areas, native vegetation areas,
critical areas and buffers, lot layout, and circulation and access;
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(g) Overall low impact strategy for addressing storm drainage and design and maintenance requirements
for specific techniques;
(h) Sidewalk requirements;
(i) Bike paths and internal pedestrian system;
(j) Public transportation requirements;
(k) Off-site requirements such as sidewalks, street lights, traffic signals, utilities or improvements of
adjacent streets;
(l) Fire protection;
(m) Maintenance provisions;
(n) Known hazards and additional information as required by POMC 16.80.230 including any required
approvals by the Department of Ecology for projects located within flood control zones;
(o) Environmental impact to the development and other issues related to SEPA requirements;
(p) Other city requirements and permits;
(q) Identification of other local, state and federal agencies which may also have jurisdiction; and
(r) Identification of adjacent lands owned by the applicant and possible future development thereof.
(2) Preapplication reviews as provided by this section shall not be construed to bind either the applicant
or the city in any respect. Further, the information requested at the preapplication conference for
application submittal shall not preclude the city from requiring additional information or clarification of
materials after submittal.
16.80.330 Additional required findings.
The approval body shall review the planned low impact development for the following required findings
in addition to any other findings required through the development process:
(1) Adequate maintenance provisions for public and private facilities and improvements have been
established;
(2) Legal mechanisms for permanent preservation of native vegetation areas have been recorded.
16.80.340 Installation of improvements.
Upon receipt of initial approval, the applicant may proceed with the installation of improvements
required by the planned low impact development pursuant to the following:
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(1) The applicant shall submit detailed engineering plans developed consistent with adopted city
standards for the construction of roads, bridges, utilities, drainage works and other required
improvements. In addition, the applicant shall also submit a land alteration control plan consistent with
adopted land alteration standards and this chapter.
(2) Land alteration and construction activities shall commence only when the land alteration control
plan and engineering plans for the appropriate improvement have been approved by the city engineer
and by any other departments or agencies having jurisdiction. The city engineer shall act on the plans
within 14 days after acceptance of a completed set of plans from the applicant.
(3) All improvements shall be built to applicable standards in force at the time of initial PLID application
submittal.
(4) All construction of water and sewer systems shall be done under supervision of a licensed civil
engineer. The city engineer may waive this requirement.
(5) Any condition of initial approval requiring accomplishment of such improvements as drainage or
development of the source of water supply prior to other construction shall be strictly complied with,
and no other construction shall proceed until any such condition is discharged to the satisfaction of the
city engineer, health department or other agency, as indicated in the condition.
(6) Where facilities or improvements are proposed to be maintained by lessees, renters or property
owners, a workable organization shall be established to guarantee maintenance of such facilities.
16.80.350 Final review and approval.
Prior to receiving a certificate of occupancy, the applicant shall submit a final development plan.
16.80.360 Control of the development after completion.
The final development plan shall continue to control the planned low impact development after it is
finished and the following shall apply:
(1) The building official in issuing a certificate of completion of the planned low impact development
shall note the issuance on the filed final development plan.
(2) After the certificate of completion has been issued, the use of the land and the construction,
modification or alteration of a building or structure within the planned low impact development shall be
governed by the approved final development plan.
(3) After the certificate of completion has been issued, no change shall be made in development
contrary to the approved final development plan without approval of an amendment to the plan except
as follows:
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(a) Minor modifications of existing buildings or structures or the creation of additional impervious
surface may be authorized by the city, upon consultation with the technical committee, if they are
consistent with the purposes, intent and restrictions of the final plan.
(b) A building or structure that is totally or substantially destroyed may be reconstructed without
approval of an amended planned low impact development if it is in compliance with the purpose and
intent of the final development plan.
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