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010-14 - Resolution - Contract with South Kitsap School District for Stormwater Vesting
Introduced by: City Attorney Requested by: City Attorney Drafted by: City Attorney Introduced: April 22, 2014 Public Hearing: April 22, 2014 Adopted: April 22, 2014 RESOLUTION NO.010-14 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. 045-14 AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH SOUTH KITSAP SCHOOL DISTRICT NO. 402 REGARDING STORMWATER VESTING WHEREAS, in May 2005, South Kitsap School District No. 402 (the "School District"), Kitsap County, and GEM1, LLC entered into a development agreement relating to future development and stormwater issues associated with the use of the Regional Stormwater Facility in the Bailey Creek sub -basin (the "2005 Agreement"); and WHEREAS, in 2009 the City annexed the McCormick Woods area, including the real property owned by the School District that was the subject of the 2005 Agreement; and WHEREAS, RCW 36.7oB.190 provides that development agreements are binding on the parties and their successors, including a city that assumes jurisdiction through annexation of the area covered by the development agreement; and WHEREAS, the School District and the City have determined it to be to their mutual benefit to execute a new development agreement that is specific as to the rules and procedures for processing future requests from the School District for extending the stormwater vesting rules; and WHEREAS, development agreements are authorized pursuant to RCW 36.7oB.170 and POMC 16-72.oft and WHEREAS, in accordance with RCW 36.7oB.200, the Port Orchard City Council held a properly noticed public hearing on April 22, 2014 regarding the proposed development agreement between the City and South Kitsap School District No. 402; and WHEREAS, RCW 36.7oB.2oo requires that development agreements be approved by ordinance or resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution No.010-14 Page 2 of 2 THAT: The City Council hereby approves Contract No. 045-14 and authorizes the Mayor to sign the development agreement between the City and South Kitsap School District No. 402 regarding stormwater vesting. A copy of the development agreement is attached to this Resolution as Exhibit A. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 22nd day of April 2014. Timothy C. Ma es, Mayor ATTEST: �� e-'ea Brandy Rinearson, CMC, City Clerk Contract No. 045-14 DEVELOPMENT AGREEMENT REGARDING STORMWATER VESTING This Development Agreement Regarding Stormwater Vesting (Agreement) is entered into by and between the City of Port Orchard (City), a Washington municipal corporation, and the South Kitsap School District No. 402 (School District), a Washington municipal corporation. The City and the School District are collectively referred to as "the Parties." I. RECITALS WHEREAS, on or about July 8, 2009, the City annexed a certain area located within Kitsap County and commonly referred to as McCormick Woods (the "City Annexation"), illustratively shown on Exhibit A attached hereto; and WHEREAS, included within the City Annexation is: (i) certain real property owned by the School District north of Old Clifton Road and west of Feigley Road (the "School Site"), (ii) certain real property owned by Feigley Road Partners (formerly owned by GEM1) north of the School Site (the "Feigley Road Site"), and (iii) certain real property owned by GEM 1 east of Feigley Road (the "Gem 1 Site"), as illustratively shown on Exhibit B attached hereto and as legally described, respectively, on Exhibit C attached hereto; and WHEREAS, prior to the City Annexation, the School Site, the Feigley Road Site, and the GEM 1 Site were the subject of a Development Agreement for Stormwater with Kitsap County, recorded under Recording No. 200510210279 and effective as of October 21, 2005 (the "Stormwater Agreement"), a copy of which is attached hereto as Exhibit D and incorporated by this reference; and WHEREAS, in accordance with the Stormwater Agreement, GEM 1 designed and constructed a regional stormwater system on land owned by GEM 1, under SDAP No. 04-18785 approved by Kitsap County, to provide for stormwater treatment and quantity collection (the "Regional Stormwater System") for the Feigley Road Site, the School Site, and the GEM 1 Site; and the Stormwater Agreement further provided that the Regional Stormwater System would be conveyed to the County or its municipal successor with jurisdiction over the Regional Stormwater System; and WHEREAS the Stormwater Agreement further provided, inter alia, that the School District and GEM 1 would be vested against changes to Title 12 "Stormwater Drainage" and other applicable development regulations of the Kitsap County Code and as set forth under that certain Final Storm Drainage Report for Feigley Road and Lone Bear Lane Improvements with Regional Stormwater Control Facility prepared by N. L. Olson & Associates dated February 2005 (the "Technical Study"); and Development Agreement re Stormwater Vesting Page 1 of 9 04-10-14 WHEREAS, RCW 36.70B.190 provides that development agreements are binding upon the parties and their successors, including a city that assumes jurisdiction through annexation of the area that is the subject of a development agreement; and WHEREAS, accordingly, the Regional Stormwater System was conveyed on November 28, 2011 to the City by Feigley Road Partners (a partial successor to GEM 1) by Quit Claim Deed under Recording No. 201111280120; and WHEREAS, Feigley Road Partners has received approval from the City for the development of the Feigley Road Site which is now known as the McCormick Meadows Development; and accordingly, the City has confirmed that Feigley Road Partners is vested for use of the Regional Stormwater System in conjunction with the McCormick Meadows Development, and therefore, is not a party to this Agreement; and WHEREAS, the School District has requested that the City adopt a procedure and a process to implement the Stormwater Agreement in the City; and WHEREAS, GEM1, at the present time, does not seek to implement the Stormwater Agreement; and WHEREAS, RCW 36.70B.170 et seq. authorizes the City to enter into development agreements with owners of real property to establish, inter alia, the development standards and other provisions that shall apply to, govern, and vest the development; and WHEREAS, thus, the City and the School District desire to identify and memorialize, by this Agreement, the City's procedures and requirements that will implement the provisions of the Stormwater Agreement relating to the future development of the School Site. II. AGREEMENT NOW, THEREFORE, the City and the School District agree as follows: 1. Purpose. The purpose of this Agreement is to identify and describe the procedures and requirements that the Parties have agreed will be used to implement, through the City's land use process as specified herein below, the Vesting Rules described in Section 7 of the Stormwater Agreement. Nothing herein below is intended to revise or alter any other term or condition of the Stormwater Agreement. All other terms and conditions of the Stormwater Agreement shall remain in full force and effect except to the extent such term and condition may have been performed. Development Agreement re Stormwater Vesting Page 2 of 9 04-10-14 2. Vesting Rules of Stormwater Agreement. 2.1. In accordance with Section 7.2 of the Stormwater Agreement, the School Site shall be vested to the provisions of Title 12 of the Kitsap County Code that were in effect on October 21, 2005 for a period of ten (10) years after the date of Master Plan approval for McCormick North Phase 11. This period may be extended for two (2) five-year periods in accordance with the procedures set forth in Section 3 of this Agreement. 2.2. A copy of the provisions of Title 12 of the Kitsap County Code that were in effect on October 21, 2005 is attached as Exhibit E and incorporated by this reference. 2.3. The Master Plan for McCormick North Phase II was approved by the Kitsap County Board of Commissioners on May 9, 2005. Thus, the ten (10) year period described under Sections 2.1 and 2.2 above shall expire on May 8, 2015. 3. Procedures for Processing Extensions of Stormwater Vesting Rules. The procedures set forth in Section 3 of this Agreement shall only apply to requests for extension of the Vesting Rules for Stormwater described in Section 2 above and shall not apply to any other aspect of the future development of the School Site. 3.1. The following procedures shall apply to a request for extension by the School District: 3.1.1. A request for an extension must be filed in writing with the City's Planning Director at least sixty (60) days prior to the expiration of the initial ten (10) year vesting period and any subsequent extension requested by the School District. Receipt by the City of a request for an extension shall stay the applicable vesting period pending final action by the City Council as provided in Section 3.2.1. 3.1.2. Upon receipt of a request for an extension, the City shall schedule a pre - application meeting. At the pre -application meeting the parties shall agree on a schedule for the hearing before the City's hearing examiner and for the applicant's submission of written materials in support of the request for an extension. 3.1.3. The request for an extension will be heard by the City's hearing examiner and, except as otherwise provided in this Agreement, shall be governed by the procedures and requirements set forth in in Port Orchard Municipal Code (POMC) chapter 2.76 in effect at the time the Development Agreement re Stormwater Vesting Page 3 of 9 04-10-14 extension is requested except to the extent that the requirements under POMC 2.76.080, 2.76.090, 2.76.100, and 2.76.110 conflict with the vesting criteria under this Agreement and the terms and conditions of the Stormwater Agreement. 3.1.4. Subject to the provisions of Section 3.2.2 below, the School District must demonstrate to the hearing examiner by a preponderance of the evidence: a) tangible progress toward completion of the development that is planned for the site; and b) there are no significant changes in condition that would render approval of the extension contrary to the public health, safety, or general welfare. 3.1.5. The hearing examiner may take either of the following actions upon receipt of a timely extension request: a) approve the extension if the requesting party has met the criteria set forth in this Section 3; b) conditionally approve the extension subject to the requesting party taking such action as identified by the hearing examiner; or c) deny the extension if the requesting party has failed to meet the criteria set forth in this Section 3. 3.1.6. As to any request for an extension of the vesting period, the School District shall be responsible for payment of reasonable application and/or processing fees as determined by the City, including the cost of the hearing examiner. 3.2. The following shall also apply to a request for extension by the School District: 3.2.1. The hearing examiner's decision shall be a recommendation to the City Council, the effect of which shall be as provided in POMC 2.76.110(2). 3.2.2. In reviewing the School District's request for extension: a) the factual circumstances which constitute tangible progress shall be liberally construed; for example, any planning, land use application, or development activity by the School District, including but not limited to internal planning processes, shall constitute evidence of tangible progress and the failure to pass a bond election shall not conclusively mean tangible progress has not been shown; and b) the expiration of the Master Plan approval for McCormick North Phase II at the time of any application for a second five (5) year extension shall have no relevancy in determining whether to recommend approval of the second five (5) year extension. Development Agreement re Stormwater Vesting Page 4 of 9 04-10-14 4. Expiration of Vesting Period. In the event the School District does not apply for development or building permits for all or a portion of the School Site within the vesting time periods, including any extensions as may be granted in accordance with the terms and conditions of this Agreement, the City shall have the authority to require additional stormwater control improvements as may be required by chapter 15.32 POMC or other applicable regulations in effect at the time of such application. 5. Amendments. Except as otherwise provided in this section, no change or modification of this Agreement shall be valid unless the same is in writing and is signed by authorized representatives of the City and the School District. 5.1. No purported or alleged waiver of any of the provisions of this Agreement shall be binding or effective unless in writing and signed by the party against whom it is sought to be enforced. 6. Serious Threat to Public Health and Safety. Pursuant to RCW 36.70B.170(4), as now or hereafter amended, the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 7. Effective Date; Binding Effect. This Agreement shall be recorded with the Kitsap County Auditor. The recording date shall be the effective date of this Agreement. The Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto and shall benefit the School Site, as depicted on Exhibit B. 8. Relationship of the Parties. Notwithstanding any other provisions of this Agreement, or any other agreements, contracts, obligations which may derive herefrom, nothing herein shall be construed to make the City and the School District partners or joint venturers, or to render any other parties liable for any of the debts or obligations of the other parties, it being the intention of this Agreement merely to create the agreements set forth herein with regard to vesting rules for stormwater improvements. 9. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. 10. Construction. The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be held to expand, modify, amplify, or aid in the interpretation, construction, or meaning of this Agreement. Each party has been represented by legal counsel and accordingly waives the general rule of construction that an agreement shall be construed against its drafter. 11. Attorney's Fees. In the event that either of the parties to this Agreement brings a lawsuit against another party in order to enforce any provision of this Agreement or to Development Agreement re Stormwater Vesting Page 5 of 9 04-10-14 redress any breach thereof, the prevailing party in any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to any other available remedy. 12. Governinglaw; jurisdiction-, venue. This Agreement will be governed by the laws of the State of Washington and any legal proceeding arising under it may be brought only in the courts of Kitsap County, Washington. 13. Severability. If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement on the date set forth below. CITY OF PORT ORCHARD: By: Timothy C. M tthes Its: Mayor Date: q ��q, •oF QORT 1�Rcy� °� Pp Rq T� •q��'% �.. 0 F�.O is 2 - AL ' = •;PEA ^co.�0 "9T rFMB E? : �q?•�• Development Agreement re Stormwater Vesting Page 6 of 9 04-10-14 STATE OF WASHINGTON ss. COUNTY OF KITSAP I certify that I know of have satisfactory evidence that Timothy C. Matthes is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the Mayor of the City of Port Orchard to be the fee and voluntary act of such party for the purposes mentioned in the instrument. SUB �WBED AND SWORN to before me this day of (71 2014. ENE F � Oy c° �01AR V Vashington TARY PUBLIC in a for the State of PUBUG , residing at A ' 0 Print Name: n 12 My appointment expires: - `) ATTEST: f By: Brandy Rinearson, City Clerk APPROVED AS TO FORM: By: Gregory A. aco ,City t ey Development Agreement re Stormwater Vesting Page 7 of 9 04-10-14 SOUTH KITSAP SCHOOL DISTRICT NO. 402: By: Dr. Michelle Reid Its: Superintendent Date: 41n-h�4 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me Dr. Michelle Reid to me known to be the Superintendent of South Kitsap School District No. 402, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged that she signed said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said municipal corporation. G id official seal this � day of -APviL 2014. NOTARY PUBLIC in and for the State of Washington, residing at E4i 5CWDo Print Name:I-� a - rbcx c k My appointment e pires: ,p /v - / S-/ � APPROVED AS TO FORM: By:1MVC'7WA(di Mar J. U , Attorney for School District Development Agreement re Stormwater Vesting Page 8 of 9 04-10-14 LIST OF EXHIBITS Exhibit A City Annexation Area Exhibit B Illustrative Map of School Site, Feigley Road Site, and GEM1 Site Exhibit C Legal Descriptions of School Site, Feigley Road Site, and GEM1 Site Exhibit D Development Agreement for Stormwater with Kitsap County, recorded under Recording No. 200510210279 Exhibit E Title 12 of the Kitsap County Code in effect on October 21, 2005 Development Agreement re Stormwater Vesting Page 9 of 9 04-10-14 Exhibit A cCORMICK WOODS REQUEST FOUR ANNEXATION Exhibit B Exhibit C EXHIBIT C LEGAL DESCRIPTIONS SCHOOL SITE DESCRIPTION RESULTANT PARCEL `A' OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 20074260225, BEING A RE-RECORD OF AUDITOR'S FILE NO. 200506170352, BEING A PORTION OF THE EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. FEIGLEY ROAD SITE DESCRIPTION RESULTANT PARCEL `F' OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 20074260225, BEING A RE-RECORD OF AUDITOR'S FILE NO. 200506170352, BEING A PORTION OF THE EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. TOGETHER WITH LOT 8 OF LARGE LOT SUBDIVISION ACCORDING TO SURVEY RECORDED UNDER AUDITOR NUMBER 8302040103, BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. LESS PUBLIC RIGHT-OF-WAYS AND LESS STORMWATER FACILITY UNDER RECORDING NO.201111280120. GEM 1 SITE DESCRIPTION A PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 5, TOWNSHIP 23 NORTH RANGE 1 EAST, W.M. AS ILLUSTRATIVELY SHOWN ON EXHIBIT B. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. Development Agreement re Stormwater Vesting EXHIBIT C Exhibit D u)`441 v-fff 200510210279 cfWmLAJ Page.1211M 92-SV tiCWtt? ICK Lff CO Kitsap Co, OR Realm Addrga: McCormick Land Company 4978 SW Lake Fk a Rd Port Orel W, WA 9M7 MWOR -GORDER'S INOUINa F Documem 1. Developmt; Ageemm TWeft j M i�ne Rehnna Nuatberp) of Documents aaipned or �elvaee� NA amntot;a) I. 4citaap County Addiltunal nwte on a snttent OrtAtee(a) I. GEM1, Lt.0 AdditloiW acmes on pager LOW Purdons tho NE aed Onwrlpdont the SW quwft ettd abbreviated l East. Wil Mn,EEntj,W,* the NW quitter and partiom oftlta NF. and SE gaatien of career of the SE quarto of Sctdon S. Touaahip 23 Notth, Kange n Addklatul k 1 Is tta ofdaaxaezat AaeanPe mbar. 05230 t-2-012-2005, 052301-2-025-2040, 052301-3.037- 204, 052301-4-017-200 05230t-4-018-2005 � jl RESOLUTION - 2005 A RESOLU 17014 RECOGNIZING THE ADOPUON OP DIVE A_GRIMYRNTIS MMOCIATED WrM THE MCCORMICKNHRTH AND THE MCCORMICK URIIAN VILLAGE WHEREAS Kitssp Coady Coda Section 2t.04:I10(D) audmM the 40ap, CWnty Hoard of t7omntisaioaora to agpma development agremneuts eutdex R 70 et. seq.; slid WHZWW RCW 36.708.170, e7. seq., autbothm to i valopment agmeamb with owame ofml, psop� ;mad WHRMS RCW 36.7013100 requires that ty a pmint agreamment by ordimce, or tea lotion alter a public hearing Iowa s he a minor to conduct that pubfic hearing and WElMAS Wd 1, LLC, by through its McCormick Load Co>rto t , ragneated approval of, inter alia, the North Master Ptah, the McCormick Urban Village Open Space, Parks and lZecnea ' and the McCourack Urban • Vittage T angedation Plan, along with three assant s memente desadbed as fbllow. (1) Development Aga meet for McCormick Notch Master Plan-Phim 2) to be executad boom_ , OEM 1, ad the South Kitsap School District, and (2) Devdopme~nt or Space, Parks sad Re mdoa (fbr McCormick Udm Village) to b cad Kitsap Countyand Wd 1, and (3) DwM t for Una (for McCwtmick Urban Village) to be exemw aid OEM 1; and Hearing Examiner hold open record public hearings on November 18, 2 on A, 2004, and the lUtsap County Board of Commissim+ers held o*WWW on Mmah 14, 2005 and on April 23, 2005 regarding, inter alig, the epp o a and the development spvementa; and 'trap Coady Board of Commtuiorm issued a final written decision on M ltmvw as Exhibit A) fbrmaily approving all threw development us well as the plena and swoolated applica6m. J, 7oat;ia2toa�� i OW eat to �or.'otnrac Um CO rarer off $17.86 Kits 's' HOW TH MFORE, BE IT RWMVBD. ThaKitw COU*BOW ofComade lawsMophn thelay4, 20M gVrovab of the Dwd*mt Agr+e orA for Sftaxwdor, the Development Apaaont fbr Open Speoe, Perim, and Rmuflm, and the bove t Agrmnent for ThWarMloo. s . BOARA OF COLiId' T (A - Gou Kl'k'SAP A, ld ATIBST. Jan COPY 200510210279 Pegs 3 of iB MUM sB-SOP it diOAMICK LU CQ fKiltT 00.09 Kit&V W, UR DEMOPMi M A,GRFAMNT FOB GTORMWATER THIS DBVBLOPMENT AGR13111 ENT ("Agreement") is entered into between Kitsap County, a Washington mimicipel corporation ("the CauaW% the South Kitsap School District ("the School District"), a Washington municipal corporation, and GEM 1, a Waftoon limited liability company, as Assignee of McCormick Land Company, Inc. (baeinafter for e's of this Agreement "OEM l"). J,— RRCITALS WHEREAS, GBM 1 is the owner and developer of a parcel of4ftexty iin)south $`it'ssap County known as the Bailey Croak snbbasin. which in a portion of a la e South Kitsap Urban Growth Area known as McCormick NarBt. �ha B is located in the gennal vicinity of Old Clifton Road and Feigley Road, is n r site plan attached as Appendix A. and WHEREAS, the School District is In the pro of acquid n propetty fiom GEM 1 and such other }ands within the Bailey Creek "n (the " of Site") as illustratively shown on Appendix A and described in Appendix B; WHEREAS, OEM 1 is in the pp�r0000�� portions of the Bailey Creek subbasin whirl and the GEM 1 Development. described in Manor Plan approval undir Application development of McComtick North County Code Chapter 17.428, wh' h ins e of pqna 64jhrnffer the development of those (the Sebool Site, described in Appendix B, hodq C), and has submitted an application for ("Mash Plan Application") for the North Phase I1" I pursuant to Kitup Creek oubbasin; and WHEREAS, GEM 1 ht a regional stotnrwatex control facility (the "Regional Stormwater Facgs�& de stormwatter rartoli gmmndiy control and stormwater nmofF qualityadicipaterl davel"MCat in the portions of the Bailey Creek subbawn and its successors, including the School Site and land to be dedic Cotnrty fur Right -of -Way commonly known as relocated poiglay _ m* A; and WHERE hai'lia lied for a Site Development Activity Parmit under Application No. 5 (" Application" or "SOAP Permif') for the construction of the Regional Stwnwater as well m oonstruction of the relocation of Felgley Road together with its Mast 'esi for IVIcCornuicic North These U. Tito oonstttretion Mans and analysis ("0 trucl1 for the SDAP Application are required to be prepared and have been p with .'15i c 12 of the Kitsap ComAyCode by Mtn= L, Olson 11, P.B.. in the State of Washington COlson!% and in accordance with Titlo 12 of the Kitup County Code, a technical study. of R ormwater Facility ("Technical.StvV) has also been prepared by Olson and was GEM l's SDAP Application. When the Technical Study and the Coustruotion 200510210 79 Pap, 4 of 16 I&IMM MOP ttOCtttIUCK LFW CO W" 117.09 Kitsfp Cs, Wn a civil R Phm have received *W appeovai by Kitsap County, it will serve as the bah for the dedp and construction oftheR q#ond StommderFWdityr, and WHSR M' Kiteap County is ieviewing GEM- I'a SDAP Application for rargfllance wbb Title 12 of the Kftsap County Code and all'odwrelevant sRuhansmts irr effect W. of the date of application for the SDAP; and ViII MMS, coostmetion by Ct M 1 of a Regional Stomhwatw Fat alley Creek m*basin and eonshuctlon by ri l of the inten=hca of OId and igl Feey Road pmvidec a public behvdt to the County in thatM (ij M 1 I'M9 of relocating Feigley Road, which will provide an improved public 00 GEM I will boar the expanse of constructing a Regional Stotmw wi ll provide do mwater mamgehua►t tluough. a combined stormwater €aci3ity and the public road aystarn in lien ofihdividud at6mmatear syaterng Ond B1 MS, allowing the School District to WRFacility as provided liaMn will make it morn wonorWoolly b* sad atom lithely, that the School Dishict will be able to consttitot needed to amet S Kitsap County; and SEAS, the School DbWct and GM 1 dud development of Mck respective properties in the Bailey Creek satin wfll occur over a period of years, and WTii1RBA6, the parlien Wish to have Fact ty is constructed, it will ba ssat�ie 0 the Bailey Creek subbashk including tho WHWUM, kCW 36.71� et. agreemetrta with owners of heal a standwds and other provisions as a "bruin -out or vestlaa that if the Regicmal Storcowder anent oftte 672M 1 psopelies in 'zes counties to enter into development 'sli, among other t doM the "ddevelopnseat to and govern and vat to tliova4opnneur as well aasrhdarda " AGREEMENT NOW, , the School District, and GEM 1 agree as follows: 1. GEM Cmaxtraedon of ReglorW Stoamwater FtdW. GEM I has desi a Regional Stohnmweter Fadiity far the portions of the Bailey it owns, including the School Site and hind to be drink" to fim -of Way. Seri des p and conatmoon alsmll c mply. with the s ands tta 12 of the Kh ap County Code wd such oust applicable Kitsep Cow►ty eve regulations in effect at the time that GM 1 sp$Wd for a SDAP Pemrit for on of rho Rejic d StomvAx p'mcility. The oWecity of the Regional her Fae fttity &hall be ddemn and based on the Tecthnieal Stody prgwW by Olwh by the Comy. 200610210279 t►age sot tg 111111011111 11GOoltlIICK LRO CO FMWea Ki�tsgi to) { :gyp For proposes of this Agreement, 'Tz&tW 5tormwMer Facility" shall mean the stormwater runoff elttantity control and atormwater turnoff quality treatrawA fatalities and associated cooveyame facilities to be constructed pumumt to Site Development Activity Permit. Application No. 0418785 located within easennents or tracts dedicated to xftup County. n 2. Counnty Review sand Appreval es Regional Stara winter FPWAV: review and. approve, with tmr+ditions as appropriate, the Regional Stop oompliea with the standards renamed in Title's 12 of the Kitsap Coupu applicable Kita p County development regulations in effect at the its SDAP Application. Approval is Mathes contingent on approval forMCCom&k North Phase IL 3. Determination of Capm ty of Regional S3toramter the design of the Regional Stotmwater Faculty, the S the following development represents the maxipa6 storrawater control purposes: j 3.1 25 ac m of impervious, surface; 3.2 13 acres ofunderdsabied or all, 3.3 21 numofpaMous These surface areas arc assumed detamimng total capacity oflhe Rs, be' entitled to use the Recant S Site; provided. however, ' the the School District shall i the time of apphoation for Section 6.3. below. 7h Msshx Pion for M effect at thetim 1 'on for stormwa in7"itic 12 o will if it colt As part of me determined that the School Site for Technical Study prepared by Olson in waterFwAty. The School District shall for any development on the School opment exceeds the above awface areas,, ;a y with all stonmwater regulations in effect at pemnit except as attjMVjse Set forSh under on the School Site must also comply with the to D mad all applicable devekrp>:natt regulations in dopmeent is submitted, eWu>he rNoirements and stormwow runoff quaMy treatment set hcM 4. ��ffltnlyl� a of Regional $tearmwater 1+aaditty — lttoada: The total stormwater land to be dedicated to the: Countyfor Rigl>t-of-Way. S. DDeb ad itf CNepacit3+ of Regional S3termwater Facility �- GEM X Development: shall b tled to develop its pmpaty in the Dailey Crook subbasin using the '� `9i��►ater Facility to the extent that the dam on the Regional Stomrwata oes not exceed the total capacity of the Facility attar deduction of the capacity the School Dirtriet pum ant to Section 3 and to roads and dedicated land ant to Section 4. above, so lots as such development cmnplies with the Master Plan ck North Phase H and all applicable development regulations in effencct at the 'me act -application for development is submitted, excluding the roquirancats for s water runoff quantity control and stormwater runoff quality treatment set forth in IIIIIINIIIII200510210279 ►a NICK L" 00 Wnr ta7.8e MUM Co. wt 7. Title 12 of the Kitsap Comity Code. Total cetgeeoity ingh*a*tho development of the School Site idestWod in Section 3 bf ibis Agreem a t and the nraoff it+om roads Identified in Section 4 oftbeo Agreement. Development Umits: OM 1 and the School District shall be permitted to clop their properties in the Bailey Creek subbasin without the construction of additional water runoff rdtationldetaitimi•or water quality control facilities, except as vided hexcK so lent as: 6.1 The total square footage of development allowed ort 4cl )8-8- a )not exceed the square footages set fbi6 in Section 3, above. 6.2 The total de-ydoptnetd wed on the GPM 1 lay Creek m dA md% not including rho School Site, shall not The 't determined pursusitt to Salion 5, above. 6.3 Betb GIN 1 wid the School Diatri By stilifor redwing total etot>! mater r aoff as may be allowed by Kits ounty such m the use of pervious sutfues, Infiltration systems, or outer of tots! stot water t img. In the event mu& techniques we used the total d t permitted on their respective properties my be increased, pro ' e demand on the Rd&md 5toumtwateu Facility shall not exceed the capacity t to Sections 3,4 and 5, above. daOug Toren: This n effect and the GEM 1 aW School District developtneuts shall be d o vested against in Title 12 of the IGtsop County Code, as f�uvva 7.1 This Agrasned, effect and (IBM 1 shall be omrsidaxed to be vested sgainet chmttgas Kitsap Cmmtg Coal for a period of tM (10) years alien tba of tot naval for hbCannick North PbAw It. This perked may be period in mwftx w*& the prccedt m and e 17.426.110 in effa4 at the tines rite extension is 7 2 remin in effect and the School Diabict dW1 be considwed to a to Title 12 of the Kiftap County Cade fees period of wn PQof Halter Plan a vmal fees McCounick North P 11. 'h is tee for two (2) sap"$ ftvery�ear periods in awaftionce with the 'Yemenis of Kitsap Cal" Code 17.428.110 in effed ed the time tha tad; en[cept that the Hearing Bxamina'a eh+eddon Mall be a n to the Bond of County Commissioners baW on KCC 17.428.110 sad IM ues ounty C.omml term shall Marra the final In rMiewhis the a a plication far an extenndon and the"Ueda far sa Wrteuaroan udder KCC ) the Hearing Bxmkw cull liberally em*w the ihotag oircurnstances o tetttgibin progress; for example, any ply leA nee application, or divisy by ft Scliod District, incluftg but not limited to internal planning 200610210279 iQtOM t62 W Iq MICK Lft CO f1MT A7.ltt Kitsq Co, WR processes, ahaU constitute evidence of tangible program and the failure to pass a bond election shall not eoncbarlvely pmea tangible progress has not been shown; and (H) the expiation of the Master Plat► approval for McComdeh Notch Phase H at the time of any application for a second five (3) year extension, shall have rto relmmicy in determining whether to recommend approval of the second five (5) year extension r 7.3 To the extent that O%er OEM l or -the School District does tto ly for development or building permits for all or a portion of their nqseo* within the time periods, including my exxtension, ant forth in Section 6.1 ty sttali have the authority to require additional dw mwater eonhvl i s as be reond by Title 12 of tho Kiisap County Code or other app Tait in a tat the time of such application. S. Ovmcraltllr, Nafutenamee and Repair: ti.l GHM 1 shalt initially own, operate' ary the Regional O &1.1 The Regional S ty has been inspected and approved by the County and. has been ' for at least two yours; 9.1.2 Amy art the R Stemawatcr Facility that has beam repaired or recon by the County; 8.1.3 Facility, as designed and corratteded, conforms to TW 1 aty Code in Oct when tho SDAF permit was submitted; Stormwatpr Facility. prior to the issuance o SDAF BM 1 shall pose and maintain a oonshuotion baud pursuant to 12 of th County Code. After Consttaction of the Regional Stormvvater F has kted and approved by if(iteap county, t�i l elytll poet a two (2) bond pursuant to Tttlo 12, the atnotmt of which•shall be ten pa�cent (1 • etnal aatrshtretiaz. oast of the liagional Storrnwater Facility. arasttvtdion coal of the facilities requiring rnaiutetsuice shall be da�mined by ' 'oat engineer, subject, to the approval of ffie Public Works Director. At the end o e year peeled, the County will asspmte the avvrrorahip,f operation, main of the Regional Stomtwatar Facility provided all of the eotdiliorts set satisfied. It A aasgmer b and tracts have been conveyed to - dw County and with die County Auffitm; l An gad mainle anrce manual, including a maintenance scheda10, bas to and accatpted by the Cotmty; B. eomplete and eooaratn not of roproduciblo nrylar as drawings has been prove to the County; and 0210279 pap, 0 die 21,01, 16AIAM SNIP ftCCtiMIICK Lail M ROM $47.89 kits* Co) 48 9. 9.1.7 in lieu oftha tegaiirruuucnt set fad in Mtwf Caiptty Code 12.24.030(t) that 80% of the entire parcel served by the Reo nd Stotrnwater Fsoft ty be constructed prior to the County's aocephow of ovmot dp anti I 1 1moo seepoumbility of the Regional Sta umater IW Wy, the Moving shall be conditions I npoaed on devdopment of tbo td S preperty, including the School Seta I 8.13(1) For each .pr elimiuo4 plat .applieadon sabonitted or its mmeemors withn Muck North Phase $ a mairrimranoe and malntsined in the acme am aws w tleo ter, parml 0 co on cost of the Regiaw stommawr Padlity as previo to Section &1, for the purpose of providing awaity damage to ThatFadfity daring construction ofplat intprovemon 11 remain in effect until 80% of the loft within the prelimin tructe& This bond shall be in addition to the mai ed for any atonnwater said road iinprorreme nts-to of the preliminary plat wbich are not oompunant cafthe duty. &1.7(h) For each bidding permit . to ttr hoot District, the Sch DwInd shall provide a tiara (2) year kn (10%) porotaet of aw eomtru 1mviow1y deamdued pwsQkto Section 8.1, for the paaposa of Provk1in security against due risk of District's improvm eats. for stormwater amd rnsd development whirdrO 9.2 The School Diat<ict 0 Chapter 1Z.40 of the to be paid for oop6o ool in tits same ainoimt as the ciraca cos Steorewater Facility as B to that Facility daring costruction of ibein aldi ion to any seem* required condtr wwl as part of the Dietricre ibpfthe Regiond SlonnWaaerl7adlity. 0-8 and Suifaca Water Mainta me Fees if any, in accordance with go provisions of ' o in efhd at the time the SSWFee is required of the Regional Stortawda 1Kedlrty by die County. irrrdlxnmlty. �atkgt'parmitted by law, OEM 1 shall indemnify, defeaud and hold a dis elected surd appointed offidals, OMIM MOD"D" and e�nts, t dW*a arising out of or resu tigg from (1) In design or aoustrucd the Stormwater Facility to the extent of any claim that the the Ftociiity or constructed in compliance with the sdgafrements of the 1Got�p Wder•Muwd and otkw applicable rates quad regulations, or (2) my scut or nWn that were perbbrtnW by Md 1 prier to won of 'p rnainteuamee of the Rgooval Stonnwater Facility by l tWW County. obi p ion dmI not extend to chime wtink g as the result of allogcd in toliUUV t".oiunty Surface Water Manual. Nod tg hmean elicit be either shatening or extending my applicable dtalute of repose or limitations may apply to the dodger, conch otion a msintananece of fire Regionrd Stonwater "Claim" mum any fi "cial loss, claim, suit, Notion, da use or expense, `! clu g but xtot iiniitai to ttttwwr s' fees] attributable to Syr sielstzsee, discesc or th, or dtunago to proput200510210279 Pap. got 1B hilt iRt W ttr 8t7,ee s 'aw 10. Amtendnaenta. Except as othrawise provided in this Section, no chop br modification ofihisAgreement shall be valid unless the same is in waiting and is signed by authorized reproaentatives of the County, the School District and GSM 1(provided The signature of the School, District will not be required if the change does not affect iu an manner the School Site, development of the School Site, or the rights or obligations School District under this Agreement). No purported or alleged waiver of any of th visimrs of this Agrceroew shall be binding or effective unless in writing and party against wham It is sought to be enforced. 1l. $erlous Threat to Publk Health and Safety. Pursuant to 36. 170( the Cmmty resems the ankbority to impose new or different am the extent regairetl by a serious threat to public haft and safety. 12. Hindhig Meet. This Agrownerd shag be recorded with Kitsap umy 'tor. The teconft date shall be the effective date of this A shall inure to the banefit of and be binding upon the ' sottal "vas. successors and assigns of the parties hereto arA aball berrafi proped dbed under Appendix B (School Site) andAppendix C (GSM 1 hk t), pro " that the indeomification obligation of MM t established pbrauant to S 9 of ,t4gretanetit dull be binding solely on the corparste sucaxa M and assigns o t sbafl not be binding on the School District. my homeowner's 'anon created by GEM 1 or on purcbasers of individual lots in the GEM 1 Devel 13. ItAldonahlp of the 1Pardes. No other provision of this Agreement, or any other agreenm %% which may derive hetefrom, nothing herein shall be eonstruedt� o t , the School District or GHK 1 partners or joint venhwera, or to re idCr th liable for any of the debts or obligations of the other parties, it being 's Agreerrierit merely to create the ogreements set forth herein with Will Stormwater Facility, for the Bailey Creek subbasin. _ 14. Applicable edaaq,`"1fis Agieemertt shall be governed by and conettiial im accord the State of Washington. Any adios with respect to this bevel d� cat l be brought in Kitsap County Superior CAart, Port 15. Mntltip opies, s Agree nent may be executed in multiple ceach of which emuU o aural. 16, Cons ./ captions throughout this Agreement are for convenience and and the words contained in them shall Doi be hold to expoard, modify, aid in the interpretation, construction or meaning of this Agmernent. All ins have been represented by legal counsel and accordingly hereby waive the rule of construction that an agreatnent shall be construed against its drafter. IIIIIIINIIIII tBBI81S10210279 ctIZLW MCflI:I ICK t" Co AatT SQ.W Kitsrp Coy MR 17. Attorr Wa Fen, In tba evert that any party to this Agredmant brings a lawsuit agaim any other patty in older to euiiorme any provision of this Agreemast or to mdms any breach t>aao 4 the prevailing party in any male lawsuit shall, be aiatided to recover ita costs and reasonable atiorrmy's floes'in adfton to any other awiW le rarmedy. IN VnTNBSS WHMUM, this Agmeme nt was executed by the parties a dates bere ataft indicated. _ DATED this a 5 14 day of_ � j , 2005. t1 C "e:° lie mW CO[Ti•ITY SION= ATTEST. 6 p Ab Opal Robertson Cleric of the Board 4 Icu _ 4 1 By: COPY ISFAIIIIIIll2W61 0210279 it page' 11 of 16 ,Bg Kits+p � SOUTH KMAP SCHOOL DISTRICT &AU&A.I. adeWM Dr. Beverl Cheney Superintendent /� Daw �d -Zr, 2.00.&— STATE OF WASHINGTO14 M. COUNTY OF KITSAP ) I certify that I have satisfactory evidence Di. Bova way is the person who appeared before me, ad said person acknowledged eha signed instrument, anal on oath stated thei the was a*dws zed to execute the the and vohmtary act of the School District for the p�uposos meianed in the i aclmowtexlged it as the Superintendent of the South Khan School suascx>BEn AND swoaN to bef day of ` 20w- _..u1R..... %'1�, O By: Date ARY PUBLIC in ' W'.16.11. residiegat My appointmon, expires: b COPY 2045102i0279 IMMUNE, pap, to at is Van Lem co .as tt ttsnr s��ts �t� � '* r (MM 1, LLc By. '� u6g� , � As: �� MMW qq Date: 15!-•jfi-o!' gohtlh STATE OF WTTWKIL f £ N ) covffff OPUM& ) I cc* that I know of have s#!dW ry that is tiro Patr ft who appeared bo%m me, and add Pw=aC1QeDWt that *di 66trament, an oath stated that he/she was w*wized to cxeatte atxl acknoselwas it as the &MIOM of Md 1. LLC to be the fee act of a & party for the pulpad n►ationed in the fink went. h SU$SCRIBSD AND SWORN to be aocaMacwlr! 1MAi1f . APPROVED AS TO jday of_ r,.2005. OTARY PUBLIC is and for the State of at My appointment eaepiraa: OI o COPY 2005102-10279 rapi13 al i8 10/tlrdo 02:ggp HfMM LFM 00 fam M7.00 Kitsip Co- lit That portion of the Past M f of tlro Southwest qpa W of 8eotion 5, T own ft 23 N Range 1 East, W.M., in Kitsap Cauety, Washington, described as follows: Beginning at the Southeast comer of the Southwest quarter of said Section 5, 88"34'43" West along the South line thereof a distance of 100.04 feet to sne o East 100 fbet of said Sow quarter; thence North 2°58'52" East sac G distance of 30.01 feet to the Nodh eight -of -way margin of SW Old 'r True Point of Heglnrung; thence continuing North 2"58'52" lino a distance of 1910.05 fixi; Ownce North VO0'00" West 14.27 a craave, concave to the North, craving it mirm of 280.00 feet from which tact at o curve boars North 15*49118" West; thence vuatetly along a ' of 38181 feet through a central angle of M91590; thence N 9'18" .70 feet to the beginning of a curve to the left having a radius of 00 feeh t along said curve an are d'ostenoo of 157.60 fbet tiao* a ocoal angle o 50'32"; 8oulh 49°53'06" West 294.40 fact; thence North 40'06`W West 347.83 SP045" West 187.92 feel; thence South 64W53" Wert 51.62 feet to the W Fast half of the Southwest quarter of said Section 5; tierce 9% Went ong said Went lira a distance of 1554.46 fist; thence Notch 46"11'll r East feet to the beginning of a curve to the A& having a radius of 30.00 feet; thence along sac an are distsome of 21234 fat through a central angle of 243°53'45" to the begl the left having a radius of 20.00 feet; tine m along said curve an arc di� £ ugh a oetrtrai angle of 012l'i7" to the beg Wft of a curve to dint 2488.82 beet; thorns along said curve on arc distance of 29.79 feet t of the Southwest quarter a dcatance of 725.50 feat to point on a curve, concave point of said cri�: and along said South 88°34' ' point of be ' n The abo F'ural 0 9-770 to the west lie of the Had half south 749' 16" West akw g said West line a Tway nin of SW Old clicibn road being a g a radius of 146239 beet horn vAdch the n dius r, (Maur orderly along laud Ai t-of-way margin feet through a antral angle of 1'41'48"; thence y margin a distim of 1147M fact to the true dcs that portion of Feigley County Road vustetl under Jotauary 26, 2004. under KitsW Canty Rjesolution No. Pap: 15 of to 1tCCdM11CK LH CC AGM 147.99 KrtsAP Coro M The Southeast quarter of northwest quarter of Section 5, Township 23 North, Ra East, W.M., Kitsap County. Washington TOGETHER WITH: LOT 8 OF LARGE LOT SUBDIVISION ACCORDING TO SURV ECQ ED UNDER AUDITOR NUMBER 8302040103 (BEING A PURTIO T HALF OF THE NORTHWEST QUARTER OF SECTION 5, ORTH, RANGE 1 EAST, W.M., KiTSAP COUNTY. TOGETHER WITH: The West half of the Southwest quarter of the No ast quarter Section 5, Township 23 North, Range I Bast, W.M., Kitsap County, W . TOGETHER WITH: The North half of the northcest, qua North, Range 1 East, W.M„ Kitsap quarter Section 5, Township 23 TOGETHER WITH: West half of tic southwest ulheast quarter Section 5, Range 1 East, W.M., Ki ounty, x 't►gtpn Township 23 Noah, 200510210270 m1111111111 page tB ortB 18/611m 62I SOP MG64WiICK UN CC ffim 07.66 Kitsap Co, M A VAME. That portion of tha East half of ti►e Sardrwest quarter of Section S, Township 2jNoi Range l Ea. W.M., in Kitsap County, Washington, described as follows: Beginning at the Southeast comer of the Southwest quarter of said Section 88°34'43" West along the South line thereof a distance of 100.04 feet toEast 100 fen of sold Southwest quarter•, thence North 2°51f52" Bast s distance of 30.01 feet to the North rigEtt-of-way margin of SW Old the True Point of Beginning; thence contirming North r58'52" Ens St line a distance of 1810.05 ft thence North 45°00'00" West 14.27 a curare, ecocave to the North, having a radius of 280.00 feet from which radius int o our<+e bears Norris l5°49'l8" West; thence westerly along a dis of38Z.81 fleet through a central angle of Mr/59% thence N 9'18" 70 feet to the beginning of a curve to the left having a radius of .00 fled-, a along said curve an arc distance of 157.60 feet through a central angle o 5032'; South 49053'06" West. 284.40 feet; thence North 40106154" West 347.93 6392945" Wcd 197.92 feet; thence South 647553" Went 51.62 feet to the We But half of the Southwest quarter of said Section 5; thence South " West sag said Wet line a distance of 1554.46 fleet; thence North 46°11'17" Fast feet to the beginning of a curve to the right having a radius of 50.00 feet; thence along an we distance of 21194 FM daugh a central angle of 243°53'45" to the the left having a radius of 20.00 feet; thence along said curve an are d' gh a central angle of wi l' iT' to the beginning of a curve to 2489.82 feet; thence along said curve an arc distance of 28.79 feet (r39'46" to the West lice of the Fast half of the Southwest quarter of said South 264916" West along said West Sine a distance of 725.50 feet to way margin of SW old Clifton Road being a point on a curve, 004pawe t So a radius of 146239 feet from which the radius point of said ctav So 163 Fast; thence easterly 41ong said right-of-way margin and along said a .31 feet througlu a central angle of 1041'48''; thence South 89034' " right-of-way margin a distance of 1147.82 feet to the true point of be ' The includes that portion of Feigley County Road vacated under Final ed January 26, 2004, under Kitsap County Resolution No. d19.20 200510210279 1IM Wir1s5soeeOP tIC WICK LRM co half #47.tt8 Kitup co, M APEM C MM t_ DEVELOPMENT LEGAL DESCRUMON The Southeast quarter of northwest quarter of Section 5, Townsbip 23 Noah, East, W.M., Kitsap County. Washington, TOGETHER WITH: LAT B OF LARGE LOT SUBDIVISION ACCORI)RNU TO , UNDER AUDITOR NUMBER 9302040103 (BEING A PDX HALF OF THE NORTHWEST QUARTER OF SECTION 5, RANGE 1 EAST, W,M., KrIW COUNTY. TOGETHER WITH:.% The West half of the Southwest quarter of the N east quarter Section 5, Township 23 North, Range 1 East, W.M., Kitsap County, W TOGETHER WITH: The North half ofdw northeast qua North, Range 1 EW, W.M.. Kitsap quarter Section 5, Township 23 TOGETHER WITH: West half of the southwest theast quarter Section 5, Range I But, W.M., ngton. Towasbip 23 North, l 11 11 111 i 1005102112711 41MIgor to IS � 5BP 211111111101 "" Kits CO, OR LFA M 41iMT 147,99 Exhibit E ff C 1 cf 46 ORDINANCE NO. -/99 AN ORDINANCE adopting development standards relating to stormwater management, to land clearing, and to wading, =d wiling Kit.--p County Ordinance Number 117 and Kitsap County Ordinance Number 148-1992, and amending Kitsap County Ordinance Number 175-1995. WHEREAS, an expanding population and increased development of land, coupled with inadequate drainage controls, can lead to problems related to land clearing, grading and stormwater runoff impacts; and WHEREAS, these problems contribute to increased sedimentation in ponds, creeks, and streams, and to water quality and fisheries habitat degradation, through excessive discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances to surface and groundwater; and WHEREAS, inadequate surface and subsurface drainage planning and practice can lead to erosion and property damage, and risk to life; and WHEREAS, excess water runoff on streets and highways poses a safety hazard to both lives and property; and WHEREAS, future problems could be reduced if land developments, both public and private, provide for adequate drainage of property, and adequate grading of slopes; and WHEREAS, a legal mechanism to enforce the provisions of adequate drainage facilities and adequate grading and land clearing practices in the development and use of property is necessary to ensure compliance with adopted standards; and WHEREAS, RCW 90.54.090 charges the state, local governments, and municipal and public corporations with carrying out the powers vested in them in manners which are consistent with the goals and provisions of the Clean Water Act, the Water Resources Act of 1971, and the Growth Management Act; and WHEREAS, the Puget Sound Water Quality Plan requires that municipalities in the Puget Sound Basin adopt stormwater management ordinances that are substantially equivalent to the "Stormwater Management Manual for the Puget Sound Basin" adopted by the Washington State Department of Ecology. BE IT ORDAINED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS: 2 of 46 C KITS" COUNTY STORMWATER MANAGEMENT ORDINANCE Sections., sees 1.0 GENERAL PROVISIONS ........................................ 2 of 45 2.0 DEFINITIONS ...... . ......................................... 5 of 45 3.0 PERMITS .................................................... ilk of 45 4.0 COVENANTS, SURETIES, AND LIABILITY INSURANCE ........... 17 of 45 5.0 EROSION AND SEDIMENT CONTROL ........................... 19 of 45 6.0 GRADING .................................................... 23 of 45 7.0 STORMWATER MANAGEMENT ........ .................... .. 26 of 45 8.0 OPERATION AND MAINTENANCE .............................. 35 of 45 9.0 CRITICAL DRAINAGE AREAS .................................. 37 of 45 10.0 WATER QUALITY .......... .......... ................ 39 of 45 11.0 ENFORCEMENT ............................................. 40 of 45 GAswmsnu&1%9wm1211.95 ACV 10/21/96 SECTION 1.0 GENERAL PROVISIONS 1.10. Deelaration of T This ordinance shall be known as the "Storrawater Management Ordinance." 1.20. Stormwater Managoment Standards and SoeCifeations The Kitsap County Board of Commissioners recognizes that stormwater control technology is a developing and evolving science. In order to ensure that the latest and best technology is utilized in Kitsap County, Exhibit "A" attached hereto and incorporated herein by this reference is hereby adopted as the "Kitsap County Stormwater Design Manual." All references to this ordinance shall include the Kitsap County Stormwater Design Manual. The Director may amend the Kitsap County Stormwater Design Manual, with the approval of the Kitsap County Board clc1- I CA U 3 of 46 of Commissioners, as necessary to reflect changing conditions and technology. All requirements contained in the Kitsap County Stormwater Design Manual, together with any amendments thereto, must be complied with as provided in Section 1.40 (Applicability). 1.21. 3 UUhnical Devintians The Director may grant minor technical deviations from requirememeantgned in the Kitsap County Stormwater Design Manual, provided that all of the' following criteria am met: (1) the technical deviation will not otherwise ise result in non-compliance with this ordinance; (2) the granting of the technical deviation will not result in non-compliance with the development conditions imposed upon the project by the Board of Commissioners; (3) the granting of the technical deviation will produce a compensating or comparable result which is in the-publie. interest; (4) the granting of the technical deviation will meet ghee objectives 4f safety, . function, appearance, environmental protection and maintaWi 0xiity based ' on sound engineering judgment. l:it; yertapcn The Kitsap County Board of Commissioners may, f911QV}n8 a public how'..' ..' , grant a variance from the provisions of this ardin i&A-pf6vlded 4W all df the following criteria are met- (1) the granting of the variance will produce-a-"comps�ating or compamble result which is in the public interest; (2) the granting of the variance will meet the objectives of sa%ty; fuaction, appearance, environmental protection and, maintainab4ity=based on sound engineering judgment. 1.23. Wgter_Ouallty For circumstances or conditions related to water quality which are not specifically addressed within the scope of this ordinance, the preferred method for selection, design, and. implementation of stormwater management practices. shall be the most current edition of the Washington State Department afE.cology publication' "Storinwater Management Manual for the Puget Sound Basin", or a subsequent manual adopted by WSVOE. 4 of 46 1.40. ApalloWllty The provisions of this ordinance shall apply to all site "development activities ,.'nq irlrrg land, use permits and -approvals as defined in Section12.0 herein, both public and private, within the bounds of unincorporated Kitup County. The provisions of Section 8.0 (Operation and Maintenance) shall also apply•to euisting storrnmwater facilities in unincorporated Kitsap County. The provisions of Section 10.0 ('dater Quality) shall apply to all situations and circumstances throughout unincorporated Kitsap County. No site development activities requiring land use permits and approvals shall be initiated prior to issuerm of a Site DWMqfaue�« Activity Permit. Any land development which is required by operation of any Kitsep-Coimty ordinance, State law or Federal law to construct, install or modify any natural or manmade drainage features within, abutting, or serving the development shall do so in ahcordance with this ordinance. However, where the provisions of this ordinance directly conflict with any other Kitsap Comity ordinance, State law or Federal law, or comprehensive drainage plan, the more sh*ent provisions shall apply to the extent permissible by law. Approval of any land development activity by Kitsap County does not constitute approval of other applicable permits that may be required by other agencies. Examples of additional permits that may be required include construction and hdusftW discharge permits administered by the State Department of Ecology • under the National. Pollutant Discharge Elimination System (NPDES) program, and Hydraulic Project Approval (HPA) by the Depattment of Fish and Wildlife. 1.46. AdMinlatm lon 'live Director, or an assignee, shall a4 minister this Q c1;..'I'iap: Dh or sllali have the authority to develdiS i161i�tieot`pr" ` and otce this ordinance. t y 1f any provision of this ordinance or its applit, fionAo ►-p+ scin ofpt6orty is held invalid, the remainder of the ord'kw= or the ap liootign.of the provision to other petsons or property shall not be'af�ectedc r • . 5 of 46 1.60. ApMk .1 r. An aggrieved party may appeal any administrative interpretation or departmental ruling related to this ordinance to the Kitaap.County Hoard of Commissioners. V0. C&a&e Date This ordinance codified in this title shall become effectivq on April I;1997. 1M. 8MVJW III ordinance .t 17 Kitsap County Drainage Ordinance Number 117 is repealed as of the effective date of this ordinance. 1.81. 141101 al Ordure id8,1992 L i :.- Kitsap County Interim Ordinance for the.Control.gfEmpioz► at 44ORMWon on Construction Sites, Ordinance Number I48y1992, is repe"as off* effective date of this ordinance. 1.85. AmendmenldOrdinance IM19-95 , Section 3 (a) of Kitsap County Ordinance Number 17, 54995 is beroby amended to read as follows: "A, International Conference of HintdMg Ofticial%. Uniform. S adit Code (1991 Ed.) together with those+ Apogdic�s in C pr 1.1,12 MY II, and 49." SECTION 2.0 DEFINITIONS; y 1.10. The following definitions of tent4.shelliapp Accenicd Performance of Construgd n shall mean the writtem acknowledgment from the Director of the satisfactory completion of all work qc"p 1, �►, t i ; County, including all work shown on the accepted glans, accepted revisxains to the plans, and accepted field changes. shall mean the person, party, firm, eo porationj, orfQt, *al.pntity that proposes to engage in site development activitls in unincorpora,Q Ititsap County by submitting an application for any of the activities covered by this ordinance on a form furnished by the County and paying the rccpdred application fees. 6 of 46 UnIn.P,lan shall mean a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and stormwater quality and quantity management facilities and drainage features within individual sub -basins. BAeeReial Use shall mean any activity that allows the owner to gain the use intended by the development activity, as so stated by the Applicant at the time of application for a Kitsap County Site Development Activity Permit. RMI ManegeTsn.t Practices ME), sha-11 mean physical, shuchural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Kitsap County as accepted BMPs. jJJeBitra�o MIIkfillter Facilities shall mean vegetative BWs which treat stormwater by filtration through vegetation. Biofiltration facilities include, but are not limited to, grassed or vegetated swales and filter strips. $mad shall mean the Kitsap County Board of Commissioners or their assigns. HMd 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 ordinance. CILvJU or land clearing shall mean the surface removal of vegetation. Closed ]Depression shall mean low-lying areas which 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. Com_ hendye Vrainage Plaa shall mean a detailed analysis, adopted by the Board, for 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 which would satisfy legal constraints, water quality standards, and community standards, and identifies the institutional and funding requirements for plan implementation. CQgtigggus 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. County shall mean Kitsap County. 7 of46 shall refer to those. areas designated in Section 9.0 (Critical Drainage Areas) which have a high potential for stormwater quantity or quality problems. DUIIM SSt4rm Event shall mean a theoretical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility. Eftndgn Facilities shall mean stormwater facilities designed to store runoff while gradually releasing it at a pre -determined controlled rate. "Detention facilities" shall Incl-We. all appwft—..=w casuclated with theft dear function, maintenance and security. D2Q1idQMW Site shall. mean the condition.of the development site following completion of construction of the development including all approved phases of construction. ,ajreclor shall refer to the Director of the Kitsap County Department of Public Works or assigns. Diversioll 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. g[Minage Plan shall mean a plan for the collection, transport, treatment and discharge of runof& and may include both the plan and profile views of the site as well as construction details and notes. Emant 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. Erosion ContrQj UNign Stgrm shall mean the 2-year frequency, 24•hour duration storm event used for analysis and design of sedimentation and erosion control facilities. Ex' tinng Stormater Facilities small mean those facilities constructed or under permitted construction prior to the effective date of this ordinance. Forested Land shall mean "forested land" as defined in RCW .76.09.020, and shall include all land which is capable of supporting a merchantable stand of timber and that is being actively used in a manner compatible with timber growing - I qIA— I Rq 6 8 of 46 Eughm shall mean a practicing professional engineer licensed in the State of Washington who has at least four years of professional experience in geotechnieal and landslide evaluation. Geolohnical Rem shall mean a study of the effects of drainage and drainage facilities on soil characteristics, geology and groundwater. The aeotechnical acaalysis shall be prepared by a geotechnical engineer. Grading shall mean any excavating, filling or embanking of earth materials. Hruhbjng 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. - H1tdraaU& shall mean ai graph of runoff rate, inflow rate or discharge rate, past a specific point over time. HydMM9b 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 Hydtograph Method. EM Discharge shall mean all non-stormwater discharges to stormwater dmhiage systems that cause or contribute to a violation of state*water quality, sediment quality or ground water quality standards, including but not limited to, sanitary sewer connections, industrial process water, interior floor drains, and greywater systems. Inpwvious Sur& 'shall mean a hard surface aea which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present =der 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 with compacted subgrade, 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. Land Disjurbing Activity shall mean any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, paving, clearing, grading and grubbing. 9 of 46 .Land Utzs Permits and Anwals sb2il mean any use or development of land that requires Kitsap County action in legislation, administration or approval, including but not limited to, the following: (1).. Preliminari plat subdivision (2) Final plat.subdivision (3) Planned unit development (P.U.D.), including residential and commercial (4) Site plan review (5) Conditional use permit (C.U.P.) (6) Zoning variance (7) Short plat subdivision (8). Large lot subdivision (9) Grading Permit : 1.. (10) Shoreline substantial development permit (11) Shoreline conditional use permit (12) S:E.P.A. and E.I.S. reviews (13) Binding Site Plan (14) Building Permit shall mean any activity which is necessary to, keep a sormweter facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to return the facility to good. working order. Maintenance shall Also include the correction of any problem. on the site property which may directly impair the functions of the sormwater facilities. jitntenance Caveat shall mean a binding agreement between Kitsep County and the person or persons holding title to a property served by a storunwater facility whereby the property owner promises to maintain certain stormwater facilities; grants.Kitsap County 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 Kitsap County for the cost should the County perform such repairs or maintenance. Majk;enanee Schedule shall mean a document detailing required sormwater facility maintenance activities to be performed at specified intervals. jV, jajor Deveiopmg0l shall mean any new development or any redevelopment activity that (1) includes the creation or cumulative addition of 5,000 square feet or greater of impervious surface area from the pre -development conditions, or (2) includes land disturbing activity of one acre or greater, or (3) includes grading involving the movement of 5,000 cubic yards or more of material. Manual shall mean Exhibit A of this ordinance entitled the "Kitsap County Stormwater Design Manual." IOlq- Iaq 6 10 of 46 Wear -Ueve jament shall mean any new development or redevelopment activity that (1). includes the creation or addition of less than 5,000 square feet of new impervious surface area, and (2) includes land disturbing activity of less than one acre, and (3) includes gulling involving the movement of less than 5,000 cubic yards of material. No -try Use shall mean an active use of land which is incompatible with timber growing. 00-alft Deer a Anabuh shell mean a study of those land areas contributing surface rmotf 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 ttte development site. OH/Watsr Separator shall mean a structure or device used to remove suspended, floating or dispersed oil and greasy solids from water. 011gradonand Maintenaraa Mgnyal shall mean a written -manual; prepared by a qualified civil engineer, that provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel.' Owna shall mean any person or persons having a legal orequitabld•properiy right or interest, whether or not said. right is legal or equitable' in chaisixef, 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. Pollution shall mean contamination or other alteration of the physical,- chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful. Pre -development Conditions shall mean site conditions as they existed prior to manmade alterations other than those alterations that have been made with a prior Kitsap County approved storm drainage plan, or alterations that existed prior to September 21, 1987, which was the effective date of Ordinance #117. Pra ftislonal 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. 111Ci—fgq t t of 46 P ..... 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. RRWevelonment shall mean any land disturbing activity occurring on existing doveloped Property. Retention Facilities shall mean drainage facilities designed to store runoff for gradual release by evaporation, plant transpiradon, or infiltration hew `dam 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 small: include.alLappurtenance&msociated with their designed function, maintenance and security. ,SEPA WWI mean the Washington State Environmental Policy Act. Shorelhtes of the State shall mean the total of all "shorelines" and "shorelines of .suite -wide significance" within the state, as defined in RCW 90.58.030, also known as the Shoreline Management Act. Site DUSIopmt gt A� shall mean the alteration of topography, clearing, ,f paving, grading, construction, alteration of stormwater systems, site preparation, or other activity commonly associated with site development. Site development includes those activities listed in the definition of Land Use Permits and Approvals. Site Development Actiyily Permit Plan shall mean all documents submitted as part of a Site Development Activity Permit application, including but not limited to, drainage plans, grading plans, erosion and.sedimentation control plans,. hydrological analyses, geotechnical reports, soils investigation reports, and design analyses related to a land development project, Soils Inygabggtion$eUnd 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. Splig Engineer shall mean a practicing engineer licensed as a professional engineer in the State of Washington who has at least four years of professional employment as an engineer dealing with soil descriptions and characterizations. Source CptttrolBMP shall mean a Best Management Practice (BMP) that is intended to prevent pollutants from entering stormwater. Examples include erosion control practices, maintenance of stormwater facilities, constructing roofs tiga -Iqq� 12 of 46 over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead and sump. Stddiar d shall mean the application of BMPs sufficient to protect soil from the erosive forces of raindrop impact and flowing water. Sxamples include, but are not limited to, vegetative establishment, mulching, plastic covering, the early application of gravel base, and outlet and channel protection. Stormwater shall mean the surface water runoff that results from all natural forms of precipitation. Stormwater Faculty shall mean a component of a -manmade drainage feature, or features, designed.or constructedto 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. Stprmwater QUalily 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, binfiltration/biofilter facilities, wetponds, wetland forebays, oil/water separators, constructed wetlands and erosion and sedimentation control facilities. St_M waht Qugnift 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. Technical Deviation shall mean permission granted by the Director to deviate from the provisions of the Manual. Ariance shall mean permission granted by the Kitsap County Board of Commissioners to deviate from the provisions of this ordinance. W tamer Qua i , 11gsiffn &gLW Event The water quality design storm, used for the design of water quality treatment facilities, shall be the 6-month, 24-hour storm event. In that the precipitation data from isopluvial maps is not available for the 6-month, 24-hour storm event, the design engineer can use 641/6 of the 2-year, 24- hour precipitation as equivalent to the 6-month, 24-hour precipitation. Water Ougift SgIgsitiye Arn, Areas that are sensitive to a change in water quality, including but not limited to, lakes, ground water management areas, ground water special protection areas, sole source aquifers, csttical aquifer I(ICl —)gq(o 13 of 46 recharge areas, well. lmd protection areas, closed depressions, fish aptrwning and rearing habitat, wildlife habitat, asxi shellfish protection areas. ,,:::�d shall meaaaiYcso at+eas of Kits�'C,vunty tha�aie;dbfined�y dgparate ordinance, regulation or statute as w4dawlL Im SECTION 3.0 PERMITS 7777+ Ill++ 14i + + �, Proposed site development activities shall be•nevilawo ** .,Ki1saptCounty Department of Public.Works.to determine the:pemails required. Any construction plans previously approved by Kitsap Couuty,shall evire six (6) months after the effective date of this ordinate. The Director may extend the expiration date if the project is under construction and progressing satisfactorily towards final completign. ., PFEWTni : + + n : `ll 1 Ilia -.:+,' t-;+ A Site Development Activity Permit, issued by the iKitsap Cnanty went of Public Works, shall be required for any of the following actiritiesa (1) Sitg development or redevelopment activities that meet •the definition of a major development. (2) $ite development or redevelopment activities that require connection to a public storm drainage system. (3) Grading activities that result in the movement of 150 cubic yards or more of earth. (4) Grading activities that will result in a temporary or permanent slope having a steepness exceeding 3 to 1 (3 feet horizontal to 1 foot vertical) and having a total slope height, measured vertically from toe of slope to top of slope, exceeding 5 feet. (5) Grading activities that include the construction of embankment berms which will result in the impoundment of water to a depth exceeding 18 inches andlor with a maximum volumg exceeding 2500 cubic feet of water. C C 14 of 46 (6) Grading activities that will result in the diversion of existing drainage courses, both natural and man-made, from their natural point of entry or exit from the grading site. (7) Any land clearing or grading on slopes steeper than 30°!0, or within the mandatory setback of a wetland, stream, lake, Puget Sound, as established by separate ordinance or by the liitsap County Department of Community Development. No site development activity, including land clearing, grading or other construction activity as described in this ordinance, shall occur until a Site Development Activity Permit has been issued, nor shalt said site development activity continue without.aSite DevelopmentaActivity Permit in force. 3.21. Ez= Commercial agriculture and forest practices regulated under Title 222 WAC are exempt from the provisions of Section 3.0. 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, shall be exempt from the provisions of Section 3.0. Road Construction activities undertaken by Kitsap County Road Department shall be exempt from the administrative requirements of this ordinance, but shall comply fully with the technical requirements contained herein. Grading activities described in Section 6.20 are exempt from the provisions of Section 3.0. Residential lots 2.5 acres or larger shall be exempt from the provisions of Section 7.20 and 7.35 unless otherwise determined by the Director. Cases where the exemption does not apply includes, buts not limited to, sites within or adjacent to critical areas or watersheds, steep or unstable slopes, or where the cumulative impacts of development warrant. Site development activities taking place on individual lots of 2.5 acres or larger, which meet the definition of a Major Development, are not exempt from the requirements of Section 7.0. Proposed access roadways serving residential lots larger than 2.5 acres which meet the definition of a Major Development, are not exempt from the requirements of Section 7.0. 3.22. Permit $eaui meats The Director shall establish requirements for the issuance of Site Development Activity Permits, subject to the following criteria: Iaq - I CAA 15 of 46 (1) All site development activities shall comply with the standards, specifications and requirements contained in the Stormwater Design Manual. (2). The'Director shall establish fees for Site Development Activity Permits. Site Development Activity Permit fees shall include fees for the review of permit applicetioms .and documents and for inspections during construction. Site Development Activity Permit fees, including permit application fees, shall be detailed in the Kitsap County Site Development Activity Pee Seheduie. (3), A Site Development Activity Permit shall, at the time of its issuance, specify a maximum expiration date,.not to exceed 3 years from the date of issuance. A Site Development Activity Permit shall expire upon approved completion of construction, or upon the specified maximum expiration date, whichever comes first. In the event that a Site Development Activity Permit expires prior to the completion of construction, all construction activity must cease, a new Site Development Activity Permit application must be submitted, and the issuance of a new Site Development Activity Permit shall be, at the discretion of the Director, subject to Kitsap County site development standards in force at the time of the new permit application. (4) Approved Site Development Activity Permit placards shall be prominently displayed on construction sites at all tithes until the comply on of all permitted site development activities. 3.23. When A Professional ]Engineer is ReUired Unless otherwise required by Sections 5 or ti of this ordinanoe, Slte-pavelopment Activity Permit applications shall require the submittal of documents prepared by a qualified Professional Engineer when one of the following conditions, exists: (1) Any land use or building or development on real property. which meets the definition of a major development, OR; (2), . Any improvements within.the boundaries of Kitsap County rights -of -way for which Kitsap County will ultimately assume respon;ihility for maintenance, OR; (3) Any site development activity that the Director deems to be in the public's best interest to require that certain Site Development Activity Permit application submittal documents be prepared by a Professional Civil Engineer. )"0► — l Agio 16 of 46 All Site Development Activity Permit applications which meet any of the criteria listed in Section 3.23 of this ordinance shall include, along with other required submittal documents, an off -site drainage analysis as described in Section 7.20 (6) imd Section 7.35 (6), prepared by a qualified Professional Engineer and based on a Mold investigation of the development's off -site contributing and receiving drainage areas. 3.25. Geatechilical AnalyAls All Site Development Activity Permit applications for development activities where grading or the constructionof retention -facilities, detention facilities, or other stormwater facilities is proposed within 200 feet of slopes steeper than thirty percent (30%), or where the Director deems that the proposed construction poses a potential hazard due to its proximity to a slope, shall, when requited by the Director, include a geotechnical analysis, prepared by a qualified engineer. Said geotechnical analysis shall address the effects of groundwater interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength. 3.26. Solls Agstsis All Site Development Activity Permit applications which meet any of the criteria listed in Section 3.23 of this ordinance, where the soils underlying the proposed project have not been snapped, 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. Proposed modifications to an approved Site Development Activity Permit crust be submitted to the Department of Public Works and be reviewed for compliance with this ordinance. Substantial proposed modifications, as.determined by the Director, shall require additional review fees and shall require re -issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re -issuance of the accepted permit or the payment of additional review fees. 3AO. Erosion and SlWimentuijpn Control All final drainage, grading, clearing or other site development plans requiring acceptance from the Kitsap County Department of Public Works shall include a plan for the control of erosion and sedimentation as required in Section 5.10 and Section 5.20, for the period beginning with the commencement of site 1"- I q q 17 of 46 development activity and continuing without interruption. until peramiWat site stabilization is achieved. No:clearing, grubbing, grading or other construction activity may take place on a pmjectsite until an erosion and sedinueritation control plan has been.approved by the Department of Public Works. SECTION 4.0 COVENANTS, SURETIES, AND LIABILITY INSU UNCE 4.10. • ite Stabj1haft Prior to tba,issuance of a.Site Development Activity 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. 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 perfoturance bond is accepted for a final plat in lieu of construction completion, the surely or covenant for stabilization and erosion control will be released, and the new performance bond shall cover site stabilization and erosion control along wish the other incomplete construction items. 4.t .. performance Covenant for Site SW*ksdu For project sites with less than 5 acres of land I disturbing activity, a Performance Covenant may be,record,-A in lieu of performance surety for site stabilization prior to issuance of the Site Development Activity Permit to guarantee Kitsap County that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with the Stormwater Management Ordinance. This Covenant shall be recorded with the Kitsap County Auditor and shall run with the land until such a time as Kitsap County 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. If the site work is determined by the Director to be in violation of the Stormwater Management Ordinance, the County may enforce the Performance Covenant to Orovide temporary and permanent site stabilization. In this case, the pmject proponent will be charged for all associated costs'and, if required, a lien will be placed on the property IA04-1ggtp tB of 46 4.12, PedgrWance Sir Site 3tabiliz�� The term Bond" as defined in the ordinance shall mean a surety bond, assignment of funds, or irrevocable bank letter of credit. For project sites with 5 or more acxes of land disturbing activity, a Performance Bond shall be posted prior to issuance of a Site Development Activity Permit to guarantee Kitsap County that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with the ordinance. The amount of the Performance Bond shall be as follows: o One hundred fifty percent (150%) of the estimated cost of performing minor grading and installing temporary erosion and sedimentation control, and permanent site stabilization meascn mto-bring the construction site into compliance with the ordinance. - 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 five thousand dollars ($5000.00). (OR) o : One thousand dollars ($10KOGY per acre of land disturbing actiirity. No engineer's estimate is required. If the site work is determined by the Director to be in violation of the Stormwater Management ordinance, the County may use the Performance Bond to provide temporary and permanent site stabilization. All Performance Bonds shall run continuously until released by the County, and shall not be subject to an expiration or cancellation date. r .r..�r.�tt r � 71iti+ ". . -.!i Irllri'= -tr=tit 0, 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 W one -hundred fifty percent (150%) of the estimated cost of said improvements. The estimated cost of the construction shall be determined by a professional engineer subject to the approval of the Director. All Performance Bonds shall run continuously until released by the County, and shall not be subject to an expiration or cancellation date. 4.30. Commercial Liabiliily Insurance The owner of any project must provide a Certificate of Liability Insurance to the Department of Public Works prior to issuance of a Site Development Activity Permit. The liability insurance shall remain in force until final project approval is A01 -- iQCI 19 of 46 issued by the County. The commercial liability insurance shall be in the amount y of not less than one million dollars ($1,000,000.00) combined single limit bodily injury and property damage, with a two million dollar ($2,000,000.00) aggregate. Such. insurance shall include Kitsap County, its officers and employees as 4dditional insureds, with respect to the terms and conditions of the policy. 4.40. eteasnto H adi A maintenance bond is required for residential pWV/PUD's and otheriprojects for iW19Eu maintenance of 1r; stormwater facilities and/or roads is io ultimately be taken over by the County. Prior to the,final approval oEconstruction-m drelease of any performance sureties, -a Maintenance Bond.must-be posted and Maintained by the project owner for a period of two (2) years. 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 County will inspect the system and, when the facility is acceptable and eighty percent (80°/o) of the lots in that phase have been improved, the County will take over the maintenance and operations of the system. In the event that eighty percent (110010) 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. The amount of the Maintenance Bond shall be ten percent (10%) of the estimated construction cost of the stormwater facilities and roads requiring maintenance, or five thousand dollars ($5000.00), whichever is greater. The constriction cost of the facilities requiring maintenanceshall be estimated by the. Project ftmeer, subject to the approval of the Director. SECTION 5.0 EROSION AND 'SEDIMENT CONTROL t, t TTM I T-77 4 t i„I All Minor Developments, as defined in this ordinance, shall be required to control erosion and sedimentation during construction, to penw mently stabilize soil exposed during construction, and to comply with the Minor Development Requirements described in Section 5.11 (1) through (5). 5.11. Minor Development rements (1) Constructionn w&gp acute_ Construction. vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with Iqq-- ILigtD 20 of 46 quarry spall or crushed rock to minimize the tracking of soils and debris onto public roads. (2) QLb'liaatioa qf denuded area. All exposed soils shall be stabilized by suitabIt application of BMPs, including but not limited to, sod or other vegetation, mat covering, mulching, or application of compacted ground base material on area to be paved. All BMPs shall be selected, designed and maintained in accordance with the Manual. From October 1 to April 30, no soils shall retrain unstabilized for more than 2 days. From May 1 to September 30, no soils s,Wl remain unstabilized fo► more than ? dsys. At all times of the year, the contractor shall have sufficient materials, equipment and labor on -site to stabilize. and prevent erosion from all denuded areas within 12-hours as site and weather conditions dictate. (3) ProtcdW odacol„Mpc ffM. 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 BMP& (4) Mjinknaw& All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function. (5) DtsLBM�jL Any adverse effects of increased• nwoff resulting from land disturbing and/or land development activities shall be -controlled by appropriate BMPs. 5.20. Ngior Develamunts Any new development meeting the definition of a major development, shall comply with Section 5.30. For any redevelopment project meeting the definition of a major development, those portions of the site that are being redeveloped shall comply with Section 5.30. Compliance with the erosion and sedimentation control requirements of Section 5.30 shall be demonstrated through the implementation of an approved Erosion and Sedimentation Control plan. 5.30. Haim evel"M nt Rrosion and Sedimentation Control Mj i�mum li�ID� (1) All exposed and unworked soils, including soil stockpiles, shall be stabilized by suitable application of ` r _. lqd � Iqq� 21 of 46 -BMPs-which protect soil from the erosive forew of raindrop impact and flowing water. Applicable practices snchlde, but are nalimeted to vegetative establishment, mulching, plastic covering, and the early application of gravel base on areas to be paved.. From October 1 to April 3%. to soils shell remain unstabilized for more. than 2 days. From May l 'to September 30, no soils shall vmwb unstabilized for more than 7 days. At all times of the year, the contractor shall have sufficient materials, =! equipment and labor on -site to stabilize and prevaat erosion from all denuded areas within 12-hours as sim and weather conditions didate. (2) Del neati . n of clg+rinQib M=Cat limits~ Clearing limits, setbacks, buffers, wW sensitive,or criticaLareas such as steep slopes, -wetlands and riparian corridors shall -be clearly marked in the field and inspected by Kitsap County Department of Community Development prior to Commt of land clearing activities. ,, :_ (3) Adjacent properties shall be protected f am sediment deposition by approprit use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of - these measures and other appropriate BMPs. (4) Timing and dabillizatim of sadiment i mw Sediment ponds and traps, perimeter dikes, sediment barriers and other BMPs intended to trap eodliment on -site shall be constrmted � a sip im gradwg. 'These ::.:. BMPs shall be functional before additional land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be stabilized according to the timing indicated in item (1) above. . (5) Slam Stabilization, Cut and fell slopes shall be constructed in a manner that will minimize erosion. Roughened soil surfaces are preferred to smooth surfaces. Interceptors should be constructed at the top of long, .steep slopes which have significant areas above that contribute runoff. Concentrated runoff should not be allowed to flow down the face of a cut or full slope unless contained within an adequate channel or pipe slope drain. Whenever a slope face crosses a wa.W.seepage plane,.adequata, drainage or other protection should be provided. in addition, slopes should be stabilized in accordance with item (1) above. (6) Canlm111aa aMaitc erosion. Properties and waterways dow4$ream firom development sites shall be protected from erosion due to increases in the volurm yelocity, and, peak flow •rune of stormWpw development site by the implementation of aooixi ' mtininiize adverse downstream impacts. iqq-1 qq6 22 of 46 M Smbiliftion of MPMM cQW&A=. � Arid outkts. All temporary on=site conveyance channels shall be desip4 constructed and stabilized to, prevent erosion from the expected: flow'velocity from a-2-year fi quency, 24-hour duration storm for the post -development condition. li 0bilixation adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all cttveyanice systems. (8) (9) Storm drain JWot pmtadon. All storm drain inlets made operable during construction shall be protected so that stormwater mnoff'shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. After proper written application, the requirement for inlet protection.may bowaived by the. Director on a site -specific basis when the conveyance system downstream of the inlet discharges to an appropriate on -site sediment control BMP, including but not limited to ftillment'ponds or traps, and the conveyance system will be adequately cleaned following site stabilization. mound utift construction. The construction of underground utility linty-" be limited, where feasible, to no more than 500 feet of open trench at any ode time. Where consistent with safety and space ':considerations, excavated material shall be placed on the uphill side of the trench. Dewatering devices shall discharge to an appropriate sediment trap or pond, preceded by adequate energy dissipation, prior to nmoff leaving the site. 00)' Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the tra issport 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 area. Street washing shall be allowed only after sediment is removed in this manner. (1 I) Ram-g3W of te�raa BMps. All temporary erosion and sediment control HMPs 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 sediment 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. i, r , t,- . Iqq-4qq� 23 of 46 (12) Dowatering devices shall discharge into an appropriate sediment trap or pond designed to accept such a discharge, preceded by adequate energy dissipation, prior to runoff leaving the site. (13) Control,g(pollu#a++ts other t,hansediment on go struct_ion sites. All pollutnts other than sediment dust occur on -site during construction shall be handled and legally disposed of in a manner that does not cause contamination of surface waters. Pollutants of concern include, but are not limited to, fuels, lubricants, solvents, concrete by-products and conmr=on materials. .(14) M-irntenllgrA All temporary and permanent erosion and sediment control SI1d!?'s.shall be maintainedand repaired as needed to assure continued pe orimance of their Weaded _function. All maintenance and repair shall be,conducted in a.,ctardance with the Manual. The Applicant shall be vesponsible for assuring that any such facilities damaged during floods, storms or other adverse weather conditions are immediately returned to normal operating condition. (1-5) Pxp A performance covenant or performance surety, shall be required for all projects to ensure compliancewith the approved erosion and sediment control plan, as outlined in Section 4.0 of the Ordinance. I,dt}. Erni CgQl}lRaimc 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 2- you, 24-hour duration storm. $=[ON 6.0 GRADING 6.05. A thotilyofThe DJMCWr The Director is the designated agent for t& issuance of Site'N` elopment Activity Permits for grading, and shall have the authority to prepare regu#ations and set administrative procedures to carry out the purposes and inient of this Sc�tion. 6.10. GmdiUg,Plan Regv� Required Grading projects meeting the criteria of Section 3.23 shall be.required to have an approved engineered grading plan. n 24 of 46 6.11. Abbreviakd Grading Plan Grading projects 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. 6.12, LWiQU and ,,Sedi entaflop 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.stanndards for erosion and sedimentation control set forth in Section 5.0 of this ordinance. 6.13. 1hg (1) All grading activities shall conform to the requirements of this ordinance 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 Site Development Activity Permit has been issued. (3) Stonnwater flows shall be accepted onto, and shall be discharged from, a project site at the natural or otherwise legally existing locations. 6.14. Nnimum Grading StalMdards This ordinance sets forth minimum standards which shall apply to grading activities as described in Section 3.20. For circumstances not specifically addressed in this ordinance or the Stormwater Design Manual, the provisions of the Uniform Building Code shall apply. 6.15. Hazards Whenever the Director determines that an existing excavation, embankment or fill on private property has become a hazard to public safe;.ty, 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 Section 11.80 of this ordinance. c 25 of 46 6.16. Additiollal R&vitw i'ermits regulating grading activities for major developments miry be subject to review and recommendation of approval by the Kitsap,Cougty:Departr4ent of Community Development. 6.20. Pirmii Exemptions The following grading activities shall not require the issuance of a Site f `ievelopment Acuviry Permit: (1) Excavation for utilities, or for wells or tunnels allowed under separate permit by other agencies. (2) 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 5 feet after the completion of such a structure. (3). Agricultural crop management outside of critical drainage areas limited to ICA the preparation of soil by turning, discing, or other means endorsed by the Kitsap Conservation District. (4) . Excavation for cemetery graves. (5) Landscape installation where fill is confined to less than on; (1) foot of topsoil and land disturbing activities are limited to less than one (1) acre. (6j 'The disposal of solid waste, wood waste, problem waste and demolition waste authorized pursuant to R.C.W. 70.95, and regulations presently enacted or as may be amended or as specifically approved by the Bremerton-Kitsap County Health District. (7) Mining, quarrying, excavating, processing and/or stockpiling o: cock, 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 and the activities meet the minimum roquivaentents.of this ordinance. (9) Exploratory excavations under the direction of a qualified professional engineer. Iq(;- Iggu 26 of 46 (9) Grading activities already approved by separate permit granted by any governing authority, provided that the activities meet the minimum requirements of this Ordinance. (10) Emergency sandbagging, diking, ditching, filling or similar work during or after periods of exmme weather conditions when done to protect life or property (11) Maintenance activities within public rights -of -way performed by Kitsap County personnel. However, exemption from the Site Development Activity Permit does not constitute an exemption from the other requirements of this ordinance. 6.30. Cha_ngo is Site Topognnhy (1) The maximum surface gradient on any artificially created slope shall -be two (2) feet of horizontal run to one (1) foot of vertical fall (2:1). This gradient may be increased to that gradient which can be demonsWated 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 2:1 slope under the same conditions. (2) The Applicant shall, at all times, protect adjacent private ptoperties and public rights -of -way or easements from damage occurring during grading operations. The Applicant shall restore public improvements damaged by his/her operations. (3) 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. Any rockery or other retaining structure greater than 4 feet in height shall be permitted under a separate Building Permit issued by the Kitsap County Department of Community Development. U9. Maintenance It shall be the responsibility of the Applicant t6tnaititain all erosion control and drainage facilities in good operating condition at 411 tunes, as required in Section 5.0. 4 27 of 46 6.6Q,� Fof Work.: All. work permitted under this ordinance shall proceed continuously to completion in an expeditious manner unless otherwise authorized by the Director, with the hoatlhgt work may be halted -due to weather conditions or the need to coordinate *Ow:construction on the project site. Site Developumt Activity Permits, issued for grading only, shall expire six (6) months after khwce. d,70, �d4n.9Eauting Grading PC13Wk Amy Grading Permit issued by Kitsap County and currently valid as of the effective date of this ordinance shall expire six (6) months after the effective date of this ordinance. SWnON 7.0 STORMWATER MANAGEMENT 7.06. Where. redevelopment activities mcGt the,04ni0on of 4 Moor development, the .requirements of Section 7.Q of this. ordinance altell applyto. that portion of the site that is. being redeveloped. in addition, where one or ip me of the following conditions exist, the requirements of Sectiops 7.0 of this ordinance shall apply, to the maximum extent practicable, for the entire site, including adjoining parcels, if am hart of the project: (1).. existing sites.greater than one (1) acre in size with 50% or more impervious surface. Q� Sins that discharge -to a raceiving.water. that has a documented water guaUty problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies: (i) Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; ( p� Psted.under section 304 (1) (1) (A)(i), 304 (1) (1) (A) `ii), or 304 (1) (1) (B) of the Clean Water Act as not expected to meet water quality standards or water quality goals; (iii) Listed in Washington State's Nonpoint Source Assessment required under section 316 (a) of the Clean Water Act that, without a0diitional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain water quality standards. IC-11 28 of 46 (3) Sites where the need for additional stormwater control measures have been identified through a basin plan, watershed ranking process, or through Growth Management Act planning. 7.10. AppltYAd Iftrological Method: for Dead Estimation of peak stormwater runoff rates used in *a design of stormwater quantity control facilities shall utilize hydrograph methods of analysis approved by the Director. The design of storage facilities that. we a part of stormweW quantity control facilities snail be designed using methods approved by the Director. E , , , f , . Z 1 = U ► Iy r� The following minimum requirements for stormwater quantity control shall apply to all land developments that meet the definition of a major development: (1) All surface water and stormwater entering the development site in its pre - development 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 man-made downstream problem may be permitted by the Director. For the purposes of this ordinance, "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 2,10 and 100-year, 24-hour duration storm events shall at no time exceed the pre -development peak stormwater runoff rates for the same design storm events, except as expressly permitted by this ordinance. Also, where storrwater directly or indirectly discharges to open channels or streams, streambank erosion protection is required; the lost -development peak stormwater discharge rate from the development site for the 2-year, 24-hour duration storm event shall not exceed fifty percent (50°/a) of the pre -development 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 q- «q(n 29 of 46 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 pre -development 100-year, 7-day and 24-hour duration design storms from the drainage basin tributary to the closed depression are routed into the closed depression using only m iltration as outflow. If the design storms do not overflow the closed depression, no runoff may leave the site for the same storm cve.ts following development of a proposer: 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. b. CASE 2: The pre -development 100-year, 7-day and 24-hour duration design storm events from the drainage basin tributary to the closed depression arc routed to the closed depression using only infiltration as outflow, and overflow occurs. The closed depression shall then be analyzed as a detention/Miltration pond. The required performance, therefore, shell not exceed the pro - development runoff rates for 50% of the 2-year and I W16 of the 10-year and 100-year, 24-hour duration and 100-year, 7-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 Kitsap County, the closed depression shall be placed in a dedicated tract. Ifthe 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 2,10 and 100-year, 24-hour duration, and the 100-year, 7-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 tidaUy influenced areas of rivers and streams C 199-1gl)� 30 of 46 discharging into Puget Sound, where runoff quantity control is not required by other governmental agencies and streambank or shoreline erosion will not occur. 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 dre Applicant, to the satisfacrion of It Director, at 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 sonsitive to potential stonhwater 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 mlysis 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-fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, but not be limited to, excessive st eambank erosion, flooding, surcharging of existing closed drainage conveyance facilities, discharge to clod 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. (9) Reasonable access for maintenance, as determined by the Director, shall be provided to all stormwater facilities. (9) As the first priority, stye mbank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water duality 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 Kitsap County Department of Community Development. (10) Where stormwater detention is proposed to meet stormwater quantity controls, volume correction factors as outlined in the manual shall be applied to increase pond size, q q- J qq6 31 of 46 7.30. Storrnwater Quaft Contrel C" Water quality best management practices (RMPs) 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 ordinance, including those contained in the Manual. Construction and post -development water quality BMPs shall be utilized for all major development activities. Said water quality HMPs shall provide runoff water quality treatment for aU storm events with intensities less tlan, or equal to the water quality design storm event, as defined in Section 7.35 .(2 j. 7.32. Illicit Dincharaes Illicit discharges, as described in Section 10.20, or illicit connections to a stormwater drainage system as described in Section 10.21, are. prohibited. I I i rl 1 11 r_71 U I 1 1 - I r t'. 4; 77 In those instances where appropriate best management practices are not in the Manual, experimental BMPs may 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 Manual. Experimental BMPs must be approved by the Director. The. Director may require that,the performance of experimental BMPs be monitored to dop went their effectiveness for future on. r y, ki I Into Water quality. BMPs may be incorporated into.thc.design o€stoxmwater quantity control facilities where appropriate. The following minimum requirements for stormwater quality control shall apply to all land developments that meet the definition of a major development: (1) Source control of pWlution, Source control BMPs shall be applied to all projects to the maximum extent practicable. (2) SQpmter treaU= BMPs. Treatment BMPs shall be sized to capture and treat developed runoff from the water quality design storm, defined as the 6-month, 24-hour duration storm event. For the purpose of this ordinance, the precipitation fmm a 6-month, 24 hour storm: event shall be considered equivalent to 64%of the precipitation from a'•.: -year, 24 hour storm event. All treatment BMPs shall be selected, designed, and maintained according to the Manual. " 32 of 46 Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the Kitsap County Department of Community Development. All major developments shall provide treatment of stormwater discharge utilizing wetponds and/or biofiltration BMPs. Other water quality BMPs may only be substituted subject to the granting by the Director of a technical deviation from the provisions of the Stormwater Design Manual. (3) N shall be vapid Ad for development sites with t"r than five .(3) acres of new impervious surface subject tomotor vehicle use, which: (a) discharges directly to a regional facility, receiving body of water, or closed depression without providing on -site stormwater quantity control; or (b) discharges directly or indirectly to a.Claw 1, 2 or 3 stream, or a Class 1 or 2 wedand within 1 mile downstream of the site. "Wetpond" shall mean a stormwater basin which is intended to maintain a permanent pool of water equal to the post -development runoff volume of the 6-month frequency, 24-hour duration design storm. (4) EmnWigg WWo- All stormwater, prior to discharge to a facility designed to utilize infiltration, shall pass through an appiepriate stormwater treatment BMP designed to remove suspended solids. (5) Wj= qW ftza sifm areas. Where the Director determines that these Major Development minimum requirements do not provide adequate protection of water -quality sensitive areas, either onsite or within the drainage basin in which the development is located, more stringent controls shall be required to protect water quality. An adopted and implemented basin plan may be used to develop requirements for specific water quality sensitive areas. (6) Downstream analysis and mitigation. All major developments shall conduct an analysis of downstream water quality impacts resulting from the project and shall provide for mitigation of these impacts. The analysis shall extend a minimum of one-fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include excessive sedimentation, streambank erosion, discharges to ground water contributing or recharge zones, violations of water quality standards, and spills and discharges of priority pollutants. (7) QdVater BeRMOm All stormwater from paved areas subject to motor vehicle traffic shall flow through a spill -containment type oil/water separator prior to discharge. 33 or46 Development sites that include use, storage or, maintenance of heavy equipment, and than development sites that irualude storage or transfer of petroleum products, shall utilize appropriately sized API or CPS -type oil/water separators. 7 4& $t9nUj Ater QnWance FACI ales (1) All proposed developments must provide on -site stormwater conveyance facilities having sufficient capacity to convey, without flooding or Or,L-*.-qw daMagMg eY.±sbng or* avr*$P! sM � the post -development peak stormwater runoff rateresulting from a 1 00-year, 24-hour duration 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 suffictent 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 drainageways 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. TIte 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 roam.: . 150. EMMOU.:Emcts and Cpyamants X. (I) Drainage easements shall be provided:in a proposed dmlopment for all stormwater conveyance systems that are rut located in public rights -of - way or tracts. Said drainage easements shall bc.granted to the parties responsible for providing on -going maintenance of the systems. Drainage easements through structures is not permitted. (2) Stormwater facilities that are to be maintained by Kitsap County, together with maintenance access roads to said facilities, shall be located in public t�q-1 q9 l� 34 of 46 right-of-way, separate tracts dedicated to Kitsap-County, or, draitiage easements located in designated Open Space. The exception is for storrawater conveyance pipes that may be located within easements on private property, provided that all catch basins can be accessed without entering private property. (3) All runoff from impervious surfaces, roof drains, and yard drains shall be directed so as not to adversely affect adjacent properties. Wordiag to this effect shall appear on the f "of all final plats/P.U.D.'s, and shall be contained in any covenants required for a development, The following requirements apply, only:to situations whmt stamwaw discharges diready or lndistetly into avedafitlanditust botnain addition-w mflieft the requirern is in Major DmIopment Mft&wmn -RegWwhva t 735(2)1,18 Tra ntment'BMPs: (1) Storrnwater dischargesto Viiands,must berWWMIasd'Ahd'tceted to the same extent as all other discharges, with sbe gW ofTheaft State Water Quality and Groundwater Quality Standards. (2) Discharges to wetlands shall maintain the hydroperiod. and flows of pre - development site conditions to the extent necessary to protect the cheracteristic functions of the wetland. Prior to ding 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 storrawater. (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 not 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 Kitsap County Department of Community Development. f' ! f ' lqq_* lqq u 35 of 46 7.70. $y When the Director has determined that the public would benefit by the establish- ment 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 Board 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 Board, ,such a regional stormwater-facility shall be located outside of fish -bearing streams, unless otherwise accepted by the Washington State; Department :,f Fish and Wildlife. All future developments constructed on lands designated by the Board to be served by the regional facility shall, at the time of issuance of a Site Development Activity 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 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. 7.80. Bodu Plonning An adopted and implemented basin plan tailored to a specific basin may be used to develop requirements for source control, stormwater treatment, streambank erosion control, wetlands and water quality sensitive areas. 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 ordinance, 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 ordinance 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 Kitsap County, SECTION 8.0 OPERATION AND MAINTENANCE 8.10. MarRUpsnce of Styrmwater E"liif jn by Ownrgs (1) Any person or persons holding title to a non-residential property for which stormwater facilities and BMPs have been required by Kitsap County shall be responsible for the continual operation, maintenance and repair of said t9q-19q tP 36 of 46 stormwater facilities and BMPs in accordance with -the provisions of this ordinance. (2) For privately maintained stormwater facilities, the maintenance requirements specified in this ordinance, including the Manual, shall be enforced against the owner(s) of the subject property served by the stormwater facility. k, 5, -1 ', Sim�FT4. y_j_ .�_,_._ (1) Prior to the beneficial use of a development constructed under a Site ,Development Activity Permit, the owner shall record a Maintenance Covenant which guarantees Kitsap County that the stonnwater facilities shall be properly operated, maintained and inspected. 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. (2) The Director may require the owners of eacW ng stormwater facilities for which Kitsap County has not previously accepted operation and maintenance responsibility, to record a Maimenarrce Covenant, or to request that Kitsap County accept operation and maintenance responsibility for the stormwater facilities subject to the requirements of this Ordinance. (3) 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 w4epted by Kitsap County. The County may accept for maintenance those new residential stormwater facilities constructed under an accepted Site Development Activity Permit that meet the following conditions- (1) Improvements' in residential plats/PUDs have begat completed on -at least 80% of the lots, unless waived by the Director, AND;' (2) 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, AND; (3) All drainage facilities reconstructed during the maintenance period have been accepted by the Director, AND; � -I 1qq—lggto 37 of 46 (4) The stormwater facility, as designed and constructed, conforms to the provisions of this ordinance, AND; (5) All easements and tracts required under this ordinance, entitling the County to properly operate and maintain- the subject drainage facility, have been conveyed to Kitsap County and have been recorded with the Kitsap County Auditor, AND; (4) . for non-standard drainage iheilities, an operation and maintenance manual, including a maintenance schedule, has been submitted -to and accepted by Kitsap County. (7) A complete -and accurate set of reproducible mylar as -built drawings have been provided to Kitsap County: Kitsap County may accept for maintenance those stormwater facilities for residential developments existing prior to the effective date of this ordinance that meet the following conditions: (1) Improvements in residential plats/PUDs have been completed on at least 80% of the lots, AND; (2) An inspection by the Director has determinedthat the stormwater facilities are functioning as designed, AND; (3) The stormwater facilities have had at least two (2) years of satisfactory operation and maintenance, unless otherwise waived by the Director, AND; (4) 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 50% of the lots served by the stormwater facilities requesting that the County maintain the stormwater facilities, AND; () All easements required under this ordinance, entitling the County to properly operate and maintain the subject stormwater facilities, have been conveyed to Kitsap County and have been recorded with the Kitsap County Auditor, AND; (6) The person or persons holding title -to the properties served by the stormwater facilities show proof of the correction of any defects in the drainpgp.facilitios, as required by the Ditpowor.... Iqq-Iq qte 38 of 46 1W4..: V.a'^linty 1napecdWs. f P� riYatelyUsintainedSWoMterFaeffitles (1) The Director is authorized to develop an inspection program for privately owned and maintained stormwater facilities in Kitsap County. The purpose of this inspection program shall be to detarmine if said stormwater facilities, conveyance structures and water quality facilities are in good vmdjng order and = properly maintained, and to ensure that stonnwater quality BMPs are in place and that non -point source pollution control is being implemented (2) Wherever the provisions of the inspection program are being implemented, or whenever there is cause to believe that a violation of this ordinance has been or is being committed, the inspector is authorized to itroct during regular working hours and at other reasonable times any and all stormwater drainage facilities within Kitsep County to determine compliance with the provisions of tins ordinance. (3) Prior to making any inspections, the Director or his assignee shall follow the procedures delineated in Section It. 16, 8.15. jUppeetion Schedule The Director is authorized to establish a master kVection-arki maintenance schedule to inspect appropriate stormwater facilities that are not owned and Wavied by Kitsap County. The party (or parties) r naib1a for malMenance and operation shall be identified. Critical stormwatet facilities, as so deemed by the Director, may require a more frequent inspection schedule. NEL'f ON 9.0 CRITICAL. DRAINAGE AREAS 9.10. bacial Drainage [MunwCunk In order to mitigate or eliminate potential drain"6vv M4W0bW&ccitical drainage areas, the Director may require drainage improvements in excess of those required in other sections of this ordinance. 9.20. pmigmaju The following are designated as critical drainage in MEN.. (1) All lands having a slope of thirty percent (300A) or greater: a. As determined by a topographic survey of the site, OR; ,4 c 1�9- 14gto 39 o146 b. As shown on a U.S.a.S: topographic quadrangle map, when other to i is not available, topographic survey nfonnaton lab/ , OR; c. As detemmned by the Director based on field investigation of the site. (a). Geologic hazardous area and historically documented unstable slopes. (3) 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; (4) All lands designated critical, mu,in any Comprehensive Drainage Plan, or Defined as critical area by separate ordinance; (5) All lands that are classified as wetlands as defined by any separate Kitsap County ordinance or policy; (6) Any lands that have existing local requirements for the management of groundwater, aquifers, or sole source aquifers; :( Any lands that drain to a natural feature that is aclosed depression; CO (&) Any lands that have existing local or state requirements for the protection of particular fish or wildlife habitats; (9) Any lands that are established by law as shellfish protection areas. (10) Any lands determined by the Director to have a high potential fordirMage and water quality problems, and/or are sensitive to the effects of construction or development. 9.30. Conflicting InfMang 'on In the event of conflict between maps or other available ini~ormation,re4ources, 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, fim- Dipetor; y use detailed site surveys and/or other topographic data which the Director may require the Applicant to furnish at the Applicant's expense. c tqq- lq CSECTION 10.0 WATER QUALITY 10.10. 40 ora6 This Section implements the directive of the 1991 Puget Sound Water Quality Management Plan (Sec. EM-10. 10.20. licit Dbeharm Illicit discharges to stormwater drainage systems we prohibited. 10.21. Illicit Con eeflane and The stormwater-system.of Kitsap County, natural, and artificial, may only be used to convey stormwater runoff. Stormwater System shall imesth all natural "and man-made systems which function together or independently to collect, store, purify, discharge, and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks and all natural systems which convey, st=, infnitrate, or divert stormwater. Violation of this section can result in enforcement action being taken as prescribed in Section 11.0. No person shall use this system, directly or indirectly, to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system which could result in the discharge of polluting matter. Connections to the swrmwater system from the interiors of structures are prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater arc prohibited and shall be eliminated. a- = I , 4r�-1-.:,... , ji Owners and operators of oil/water separators, wet pdnds, bio-filtration/biofiiter facilities, sediment and erosion control systems, infiltration systems and any other pollution control devices shall operate and maintain such control devices to assure that performance meets the intended level of pollutant removal. Ilecoinmended maintenance schedules for these devices are included in the Manual. 10.31. Teat Procedure In the event that water quality testing is utilized in determining whether a violation of this Section has occurred, said water'quality test procedures shall be followed as described in the most recent edition of the "Code of Federal Regulations, Part 136". lqQ--/qq 10 41 of 46 10.70. Eli= The following discharges are exempt from the provisions of this Section- (1) The regulated effluent from any commerciai or municipal fscillty holding a valid state or federal wastewater discharge permit. (2) Acts of God or nature not compounded by human negligence. (3) Properly operating on -site domestic swevu ..ge systerr.s. (4) Properly applied agricultural chemicals and materials. SECTION 11.0 ENFORCEMENT 11.10. Viglations of ThIS Ordinance The placement, construction, or installation of any structure, or the connection to a public storm drainage facility, or the discharge to a public storm drainage facility, or grading, which violates the provisions of this ordinance shall be and the same hereby is declared to be unlawful and a public nuisance and may be abated as such through the use of civil penalties and Stop Work Orders, as well as any other remedies which are set forth in this ordinance, including, but not limited to, revocation of any permits. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources. 11.15. JUVAS jgp (1) Routine Inspections. The Director or his designee shall have access to any site for which a Site Development Activity Permit has been issued pursuant to Section 3.20 hereof during regular business hours for the purpose of on -site review and to insure compliance with the terms of such Permit. Applicant for any such Permit snail agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes. (2) Inspection For Cause. Whenever there is cause to believe that a violation of this Ordinance has been or is being committed, the Director or his designee is authorized to inspect the project, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable in the circumstances. Applicant for any Site Development Activity Permit under Section 3.20 hereof shall, as a condition of issuance of such permit, agree in writing that such access to the project site, which inhibits the collection of information relevant to enforcement of the provisions of this ordinance, shall be grounds for issuance of a Stop Work Order by the Director or his designee. C11.16. Inspattion Procidures C 42 of 46 Prior to making any inspections, the Director or his assignee shall present identification credentials, state the reason for the inspection and request entry. (1) If the property or any building or structure on the property is unoccupied, the Director or his assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. (2) If after reasonable effort, the Director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site. or of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter. 11.20. Stop Work Orders "Stop Work Order" shall rrkw a written notice, signed by the Director or his assignee, that is posted on the site of a construction activity, which order states that a violation of a Kitsap County ordinance has occurred and that all construction -related activity, except for erosion and sedimentation control activities authorized by the Director, is to cease until fiuther notice. The Director may cause a Stop Work Order to be issued whenever the Director has reason to believe that them is a violation of the teams of this ordinance. The effect of such a Stop Work Order shall be to require the immediate cessation of such work or activity until authorization is given by the Director to proceed. 11.30. CCuMM11 rve Civil enaltV Every person who violates this ordinance, or the conditions of an accepted Site Development Activity Permit Plan, may incur a civil penalty. The penalty shall not be less than $100.00 or exceed $1000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation. 11.31. Aiding or Abetting Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. ' 11 t , lQQ -Igg6 43 of 46 11.40. Order to Maintain or RMJ , The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormweer. facility or BMW to bring it in compliance with this ordinance. The order shall include: :(1): A -description of the- specific nature, extent and time of the. violation and the damage. or potential damage that reasonably might occur; (.c) A notice that the violation or the potential violation cease and desist and, .in appropriate cases, the specific corrective actions- to be taken; and (3) A reasonable time to comply, depending on the circum4mces. 11.41. Notice of Yjolatiom - Asslasment of Penalt3+ Whenever the Director has found that a violation of this.,gro n M.lu�:pect�d or is occurring, the Director is authorized to issue a Notice of Violation directed to the person or persons identified by the Director as the violoW. (1) . T e Notice of Violation shall contain: IL The name and address of the property owner; 'lam street Kwm!&% when available, or a legal des;crlpsuier►t to identify the building, structrur, premises, or land Wwor wid h which, the violation is occurring; ; C. A statement of the nature of such violation(s); �. ,, : A statement of the action that is required to be taken.vglin _ Aw;mty-cane (21) days frown the date of service of the.notice of .xiolation, unless the Director has -determined the violation to be ,hazardous and to be requiring immediate corrective actipn, OR wiles the corrective action constitutes a temporary erosion control meapure; e. A statement that a cumulative civil penalty in the amount of not less than one hundred dollars ($100.00) and not exceeding one thousand dollars ($1000.00) per day shall be assessed against the person to whom the Notice of Violation is directed for each and every day following the date set for correction on which the violation continues; and f. A statement that the Director's determination of violation may be -C appealed to the Kitsap County Board of Commissioners by filing 199- Igg6 C C 44 of 46 written notice of appeal, in duplicate, with the Board within twenty (20) days of service of the Notice of Violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the Director to be hazardous and to require immediate corrective action or was determined by the Director to constitute a temporary erosion control -measure. f2) The Notice of Violation shall be served upon the person(s) to whom it is directed either personally or by complaint in Superior Court proceedings or by mailing a copy of the Notice of Violation by certified mail. 11.42. Appeal and Disposition A Notice of Violation issued pursuant to this Section shall have the following appeal options: (1) Within thirty (30) days from the date of receipt of the Notice of Violation, the aWeved person mq make application for relief from penalty to the Director. Such application shall contain any information relevant to the situation that the aggrieved party believes the Director should consider. The Director may cancel, lower, or affirm the penalty. (2) Withinfifteen (15) days from the date of receipt of the Director's response to said application for relief from penalty, the aggrieved party may appeal to the Kitsap County Board of Commissioners. The aggrieved person shall be entitled to have the appeal considered by the Board at its next available regularly scheduled meeting date following the- filing of the appeal. The Board shall issue their decision within 15 days of the completion of the hearing. The aggrieved party shall be notified by certified mail of the determination of the Board. 11.50. LlaWft for Cosjj of Itivesijgation Any person found to be in violation of this ordinance shell be responsible for the costs of investigation by the County. Such cost may include the analytical services of a certified laboratory. 11.60. Collecagn of !Qvil Penalty The civil penalty constitutes a personal obligation of the person(s) to whom the Notice of Violation is directed. Penalties imposed under this Section shall become due and payable 30 days after receiving notice of penalty unless an appeal is filed. The Prosecuting Attorney, on behalf of the County, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or :, [ ► Iqq- IggL 45 of 46 granting of which shall neither stay nor -terminate the accrual of additional per diem penalties so long as the violation continues. 11.70.. MiNSO DbUmilignaLUM The Director and the Prosecuting Attorney we hereby authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise .::f4ispose of a lawsuit. whm,to, do so will-be.in the bent iftrest-of the County, n" to thaBoard ta swi instance when a submitted -0 FQvided, that a report shall bw comimmise settlement Is negotiated. 1180. HUM& directorr- doter® erosiontsedimentation problem or drainage facility. pow-whaq;d to public safety or substantially endangers, property, or adversely d%cts the condition or. capacity of the drainage facilities, of adversely affoo the eby and operation of County fi&.Qf way; or violates State water pofiWon laws, the person to whom the pram Wt was issued, the person or persons holding title to the property within which the drainage facility is located, the person shall upon receipt of notice W wnticg from the Director, repair or otherwise address the cause of the hazardous situation ist reonforma= with the requirements of this Section. "Should the Director have reasoniWc4um to believe that the situation is 00:adverse as. to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he or she shall a reasonable effort to locate the owner before acting, in I* first make jq, sm*nce with Section 11.16- In such instances, the person or persons holding title to the subject -pro" shall be obligated for the payment to Kitsap County of all costs incurred by the County. If costs are incurred and a bond pursuant to this Section or other. Coyaty xoqum the posted, the Director shall have thd authority to iwfledt agaihsit'th6 bond to cover costs incurred. 5 lqq-14 C C PASSED thisf0% day of , 1996. ATTEST: y•i `tr � i•• �� L`,k r. t HoW ndmon, C1iWdte Board . . 46 of 46 BOARD O: COUNT Y CJMMIOSiONERS KITSAP COUNTY, WASMNGTON BEST, e" WIN GRANLUND, Comsussioner I99-IQq ORDINANCE NO. Z'Ll o -2002 TRANSFERING SOME PERMIT REVIEW AUTHORITY FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DEPARTMENT OF COMMUNITY DEVELOPMBNT BL IT ORDAINED: Section x. Yitsap County Code Title lz, "Stormwater", Subsection 12.08,010(18), adopted by Ordinance 199-1996, is amended as follows: 12.08.010 Definitions. 18. "Director" means: A. The director of the Kitsap County department of public works or his designee for the administration of the stormwater maintenance program; and B. The director of the Kitsap County department of community development or his designee for all permit related activities. Section 2. Kitsap County Code Section 12.10.010, adopted by Ordinance 199-1996, is amended as follows: IL10.010 Review by department of community development. iProposed site development activities shall be reviewed by the Kitsap County department of community development to determine the permits required. Section 3. Kitsap County Code Section 12.10.030, adopted by Ordinance 199-1996, is amended as follows: 12.10.030 Site development activity permits required. A site development activity permit, issued by the Kitsap County department of community development, shall be required for any of the following activities: (1) Site development or redevelopment activities that meat the definition of a major development; (2) Site development or redevelopment activities that require connection to a public storm drainage system; (3) Grading activities that result in the movement of one hundred fifty cubic yards or more of earth; (4) Grading activities that will result in a temporary or permanent slope having a steepness exceeding three to one (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. a 9 0 • o a. (S) Grading activities that include the construction of embankment berms which will result in the impoundment of water to a depth exceeding eighteen inches and/or with a maximum volume exceeding two thousand five hundred cubic feet of water, (6) 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; (7) Any land clearing or grading on slopes steeper than thirty percent, or within the mandatory setback of a wetland, stream, lake, Puget Sound, as established by separate axtiir=uv or by the Kitsap country department of community development. No site development activity, including land clearing, grading or other construction activity as described in this title, shall occur until a site development activity permit has been issued, nor shall said site development activity continue without a site development activity permit in force. Section 4. Kitsap County Code Section 12.10100, adopted by Ordinance 199.1996, is amended as follows: 12.10-1001Permit modifications. Proposed modifications to an approved site development activity permit must be submitted to the department of community development and be reviewed for compliance with this title. Substantial proposed modifications, as determined by the director, shall require additional review fees and shall require re -issuance of the required permit. Minor proposed modifications may be accepted by the director without requiring the re -issuance of the accepted permit or the payment of additional review fees. Section S. Kitsap County Code Section 13.04.030, adopted by Resolution 130-1981, is amended as follows: 13.04.030 County Engineer to review plans. A professional engineer in the department of community development is established as the engineer designated to review water or sewer district general comprehensive plans, and any amendments to, alterations of, or additions to emb plans. Section 6. Kitsap County Code Title 16, "Land Division and Development", Chapter 16.480 "Short Subdivisions", Subsection 16.48.090, adopted by Ordinance 108E-1991, is amended as follows-- 16.48.090 Review ¢y director. (1)The director shall review the application to ascertain if it conforms to the following: (A) Zoning, Title 17 Kitsap County Code; (B) Comprehensive Plan and subarea plans; (C) Shoreline Management Master Program, Title 22 Kitsap County Code; (D) Flood Hazard Areas, Title 15 Kitsap County Code; (E) Environment, Title 18 Kitsap County Code; (F) Critical Areas Ordinance, Title 19 Kitsap County Code. (G) Storm Water Drainage, Title 12 Kitsap County Code (2) The director shall determine if the proposal will cause an undue burden on the drainage basin or water quality or will unreasonably interfere with the use and enjoyment of properties downstream; (3) The director shall determine if the streets in the proposal align with and are otherwise coordinated with streets serving adjacent properties; (4) The director shall determine if the streets as proposed are adequate to accommodate anticipated traffic; (5) The director shall determine if the proposal would adversely impact an environmentally sensitive area and what mitigative measures are needed. (6)If the director finds in favor of the preliminary application with respect to those items in (1) - (5), and Sections 16.48.100 the director shall signify his or her approval by providing a letter to the applicant and the surveyor which will include any conditions of approval. (7) If the director disapproves the application be or she shall provide a written explanation thereof to the applicant and surveyor. (8) The director has ninety calendar days in which to review a complete application, If no Action can be taken to approve or disapprove the application within the ninety calendar days, the director must notify the applicant and surveyor the reasons for the delay and steps necessary to complete the short subdivision. If at any time during the application process, it appears that the ninety -day review time can not be met, it shall be the responsibility of the director to advise the applicant and surveyor of the reasons for the delay. Section 7. Kitsap County Code Section 16.48.110, "Review by Engineer", adopted by �_.. Ordinance 108E-1991, is repealed. Section 8. Utsap County Code Section 16.52.090, adopted by Ordinance 10613-2000, is amended as follows: 16.52.090 Review by director a. No later than two working days following receipt of the application, the director shall transmit a complete copy of the application to the health district. b. The director shall review the appUcation to ascertain if it conforms to the following: (1) Zoning, Title 17 Kitsap County Code; (2) Comprehensive Plan and subarea plans; (3) Shoreline Management Master Prograrn, Title 22 Kitsap County Code; (4) Flood Hazard Areas, Title 15 Kitsap County Code; (5) Environment, Title 18 Kitsap County Code; (6) Critical Areas Ordinance, Title 19 Kitsap County Code. (7) Storm Water Drainage, Title 12 Kitsap County Code; c. The director shall determine if the proposal will cause an undue burden on d9 0 w o a - the drainage basin or water quality or will unreasonably interfere with the use and enjoyment of properties downstream; d. The director shall determine if the streets in the proposal align with and are otherwise coordinated with streets serving adjacent properties; e. The director shall determine if the streets as proposed are adequate to accommodate anticipated traffic; f. The director shall determine if the proposal would adversely impact an environmentally sensitive area and what mitigative measures are needed. g. If the director disapproves the application, he or she shall provide a written explanation thereof to the applicant. h. The director has twenty-five working days in which to approve or disapprove the application. i. If the director finds in favor of the preliminary application with respect to those items in Sections 16.52.090; and 16.52" 100, the director shall signify approval by providing a letter to the applicant and the surveyor which shall include any conditions of approval. Section 9. Kitsap County Code Section 16.52.110, "Review by Engineer", adopted by Ordinance 106D-2000, is repealed. Section 10. Kitsap County Code Section 16.52.1 80, `Ting large lot subdivision review by county enginece, adapted by Ordinance 106D-2000, is repealed. Section 11. Kitsap County Code Section 16.52.190, adopted by Ordinance 106D-2000, is amended as follows: 16.52.190 Final large lot subdivision review by department or community developnmeaL a. No later than two working days following receipt of the final application, the director shall transmit a complete copy of the application the health district. b. The director shall review the application for compliance with all terms of preliminary approval. including but not limited to: (1) The final large lot plat meets all standards established by state law and this chapter; (2) The proposed final large lot plat bears the certificates and statements of approval required by this chapter; (3) The facilities and improvements required to be provided by the subdivider have been completed; c. If the application does conform, the director shall signify his or her approval by subscribing the approval line on the face of the plat. d. If the director disapproves the application, he or she shall provide a written explanation thereof to the applicant. e. The director has twenty working days in which to approve or disapprove an application. C Section 12. Kitsap County Code Section 18,16.130, adopted by Ordinance 150A-2000, is amended as follows 18.16.130 Review by director. (a) The director shall consider the following to assure the application meets the guideline of WAC 222-20-040: (1) Zoning, Title 17 Kitsap County Code; (2) Comprehensive plan and subarea plans; (3) Shoreline Management Master Program, Title 22 Kitsap County Code; (4) Flood Hazard Areas, Title 15 Kitsap County Code; (5) Environmentally, Title 18 Kitsap County Code; (6) Critical akeas Ordinance, Title 19 Kitsap County Code; (7) Storm Water Drainage, Title 12 Kitsap County Code; (8) Construction of Approaches to County Roads, Chapter 11.24 MUM County Code; (9) Location and design of roads; (10) Other applicable ordinances and regulations. (b) The director shall determine if the application conforms to the requirements of this chapter. (c) If the director approves of the timber harvest permit or conversion option harvest plan, he or she shall signify his or her approval by providing a letter to the owner within thirty calendar days of the application submittal. ' (d) If the director disapproves or finds the application incomplete, he or she shall . provide a written explanation thereof within 30 calendar days of the application submittal to the owner. Section 13. Kitsap County Code Section 18.16.140, "Review by engineer", adopted by Ordinance 150A-2000, is repealed. Section 14. Kitsap County Code Section 21.04.010, adopted by Ordinance 219-1998, is amended as follows 21.04.010 Purpose - Applicability - General process - Administrative Code interpretation. A. Purpose and Applicability. The purpose of the ordinance .codified in this chapter is to provide timely and predictable procedures and an integrated project review process for applications for development under the following ordinances and chapters of the Kitsap County Code: I . Subdivisions (Chapters 16.04 through 16.44); 2. Short Subdivisions (Chapter 16.48); 3. Large Lot Subdivisions (Chapter 16,52); 4. Binding Site Plans (Chapter 16.56); 5. Zoning (Title 17); V:iiiinr Ait) e 0-a 5. Road vacations; 7. Critical Areas (Title 19); 8. SEPA (Chapter 18.04); �. 9. Shorelipes (Title 22); 10, Timber Harvest Permits (Chapter 18.16); 11. Storm Water Management (Chapters 12.04 through 12.32); and 12. Concaurency (Chapter 20.04); H. Cunflicis. In the event of conflicts between any provision of this chapter and the ordinances fisted in subsection (A) above, the procedures contained in this chapter shall govern. C. Process. Generally, the process for review ofproiect applications shall consist of the following stages: 1. Preapplication meeting. 2. County summary of requirements for processing. 3. - Application. 4. Application type classification by county. 5. County completeness detennination(s). 6. County initiation of appropriate public involvement process. 7. Decision by appropriate official or body. 8. Appeal period. D. Code Interpretations, The director or other county staff shall provide administrative code interpretations of its development regulations to the public as fonows: 1. Upon written request directed to the appropriate county official, the official shall provide a formal written interpretation of specific development regulations. Code interpretations shall be provided by the following county officials: a. Director - Subdivisions, Zoning, SEPA, Shorelines, Forest Practices, Erosion Control, Drainage, Clearing, b. County Engineer - Road Vacations, Concurrency c. Kitsap County Building Official - Kitsap County Building Code. 2. Code interpretations are Type I actions, subject to the appeal provisions of this chapter. Section B. Kitsap County Code Section 21.04.030, "Table 21.04.030", adopted by Ordinance 219-1998, is amended as shown in attachment A to this ordinance: Severability. If any provision of this ordinance, or its application to any person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstances is not affected. DATED this day of 2002. BOARD OF COUNTY CObP&SSIONRR5 DATED this day of� 2002. BOARD OF COUNTY COMMSSIONERS KTTSAPPJUNTY, ASHINGTON Tim Botkin, hair ion hris Endresen, Commissioner aHy d. A %he I '�li+i'►�Ij�t to ,form: Deputy secuting ttorney C. aqd - O �- ATI'ACXUvIENT A TA=siMM IR Im. I I �, ■orrrwrrrrr�r �rrrrrrrarrr - rorrrt©rrrrrr r�rr�rrrrrr rarr�■r■©rrrrrr �rrr■r��■r■�r r�a■rerrrrrr©rrr MITM ■rrr�rr©rr rarrrrr�rrrrr � ' .': rrr■rrrsr �� r���■r�rrrrr� c�err©r.rr �.�r■r.rr�rr.