Excerpt from City of Bremerton Code of Ordinances
Title 15 Municipal Utilities; Chapter 15.04 Stormwater
15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP).
A stormwater management program plan shall be administered by the City pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law, Chapter 90.48 RCW, and the Federal Water Pollution Control Act (the Clean Water Act), Title 33 United States Code, Section 1251 et seq. (Ord. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES.
(b) Maintenance of Private Stormwater Facilities.
(1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, the approved permits, and/or in accordance with the current Engineering Design and Construction Standards and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor’s Office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney.
(2) All new development and redevelopment that installs or expands existing stormwater infrastructure, treatment and/or quantity control shall submit a maintenance covenant and maintenance plan that will run with the property, their heirs and assigns. The covenant shall include a site plan with details of all components used in the system such as pipes, catch basins, LID BMPs, and green stormwater infrastructure; the covenant shall identify parties responsible and liable for the operation and maintenance of said facilities. The maintenance plan shall include all system components, features, maintenance schedules and reporting requirements. Upon acceptance, the covenant shall be recorded with Kitsap County Auditor’s Office.
(3) A maintenance covenant shall be recorded for rain gardens, or other green stormwater infrastructure (GSI) installed on private property with Bremerton Utilities financial assistance. The property owner accepts responsibility to maintain and operate the feature as defined in the covenant unless released by the City through a recorded instrument filed with Kitsap County Assessor’s Office.
(4) A maintenance and inspection report for stormwater systems shall be submitted annually to the Director by February 28th of each year to document maintenance of stormwater facilities for the preceding year. The report shall contain: the date maintenance and/or inspection tasks were completed and a summary of stormwater facilities including catch basins, LID BMPs, quantity and quality features.
(5) The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the Director may abate the condition, by either making the corrections or by termination of the water service until the correction is made and/or by filing a lien against the property.
(6) When an inspection identifies an exceedance of the maintenance standard or a nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule:
(i) Within thirty (30) days for typical maintenance of facilities.
(ii) Within one (1) year for maintenance that requires capital construction of less than twenty-five thousand dollars ($25,000). (Ord. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
15.04.210 VIOLATION ENFORCEMENT – PENALTY
(a) Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC 1.12.020, Penalties. (Ord. 5376 §3 (part), 2019: Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)
Excerpt from Stormwater Website
Stormwater Management Manual for Western Washington
The City of Bremerton adopted, effective July 1, 2019, Ecology’s Stormwater Management Manual for Western Washington (SWMMWW) as the guiding criteria for the planning, design, and construction of stormwater facilities in Bremerton. The SWMMWW governs both public and private development projects, within the city, as required by the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Storm Water Permit. The Kitsap County Stormwater Management Manual is adopted for the hydrologic analysis and design of stormwater infrastructure, not covered by the SWMMWW.
Effective January 1, 2017, Low Impact Development (LID) is the preferred and commonly-used approach to site development. Conflicts with new regulations were identified and changes were adopted to support LID in new and redevelopment in Bremerton. The changes minimize impervious surfaces, preserve native vegetation, and reduce stormwater runoff in all types of development situations. This action is a requirement of the NPDES Permit.
The City has adopted the Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual), developed by Washington State University and Puget Sound Partnership, as the guiding criteria for planning, design, and construction of low impact development facilities in Bremerton. The Manual governs both public and private development projects within the City and accompanies the SWMMWW as the guiding policies for stormwater control in Bremerton.
City of Bremerton/County of Kitsap Resources
City of Bremerton Code of Ordinances
City of Bremerton Stormwater Website
