Chapter 12.08 DEFINITIONS

“Accepted performance of construction” means the written acknowledgment from the director of the satisfactory completion of all work accepted by Kitsap County, including all work shown on the accepted plans, accepted revisions to the plans, and accepted field changes.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.020 Agricultural uses.

“Agricultural uses” means those activities involving land use for nonclassified agriculture and related activities and open space farming and agriculture as defined by the Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.025 Apartment.

“Apartment” means a residential structure accommodating five or more dwelling units; residential hotels and condominiums; hotels and motels; institutional lodging; or retirement apartments as defined by the Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.030 Applicant.

“Applicant” means the person, party, firm, corporation or other legal entity that proposes to engage in site development activities in unincorporated Kitsap County by submitting an application for any of the activities covered by this title on a form furnished by the county and paying the required application fees.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.035 Basin plan.

“Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, capital projects, public education activities, and land use management regulations adopted by ordinance for managing surface and stormwater quality and quantity management facilities and drainage features within individual sub-basins.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.040 Beneficial use.

“Beneficial use” means uses of waters of the state, which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.045 Best management practices (BMP).

“Best management practices (BMP)” means the schedule of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to receiving waters.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.050 Bioretention facilities.

“Bioretention facilities” means engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to Chapter 5 of Volume II of the Kitsap manual for bioretention BMP types and design specifications.

(Ord. 599 (2021) §§ 6, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.055 Board.

“Board” means the Kitsap County board of commissioners or their assigns.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.060 Bond.

“Bond” means 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 title.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.065 Certified erosion and sediment control lead (CESCL).

“Certified erosion and sediment control lead (CESCL)” means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Department of Ecology. A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology-approved erosion and sediment control course.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.070 Clearing.

“Clearing” means the destruction and/or removal of vegetation by manual, mechanical, or chemical methods.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.075 Closed depressions.

“Closed depressions” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.080 Commercial uses.

“Commercial uses” means those activities involving land used for retail, office, and marina condominiums; wholesale trade; retail trade in building materials, hardware, or farm equipment, in general merchandise, in food, in automobiles, tires, marine craft, aircraft, and accessories, in apparel and accessories, in furniture, home furnishings and equipment, in eating and drinking, or in other retail trades; finance, insurance, or real estate; personal services; marinas; resorts and group camps; veterinarian services; or miscellaneous services as defined by Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.085 Comprehensive drainage plan.

“Comprehensive drainage plan” means 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 flow control and runoff treatment measures, which would satisfy legal constraints, water quality standards, and community standards, and identifies the institutional and funding requirements for plan implementation.

(Ord. 599 (2021) § 7, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.090 Contiguous land.

“Contiguous land” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.095 Converted vegetation (areas).

“Converted vegetation (areas)” means surfaces on a project site where native vegetation, pasture, scrub/shrub, or unmaintained nonnative vegetation (e.g., Himalayan blackberry, Scotch broom) are converted to lawn or landscaped areas, or where native vegetation is converted to pasture.

(Ord. 599 (2021) § 8, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.100 County.

“County” means:

(A) Kitsap County and the unincorporated areas of Kitsap County, Washington; or

(B) As indicated by the context, may mean the department of community development, community development director, department of public works, public works director, county engineer, or other official, officer, employee or agency representing the county in the discharge of his or her duties.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.105 County roads.

“County roads” means public rights-of-way, excluding state roads, in the unincorporated areas of Kitsap County.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.110 Critical drainage area.

“Critical drainage area” refers to those areas designated in Chapter 12.28 (Critical Drainage Areas), which have a high potential for stormwater quantity or quality problems.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.115 Design storm event.

“Design storm event” means a theoretical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.120 Detention facilities.

“Detention facilities” means stormwater facilities designed to store runoff while gradually releasing it at a predetermined controlled rate. “Detention facilities” shall include all appurtenances associated with their designed function, maintenance and security.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.125 Developed site.

“Developed site” means the condition of the development site following completion of construction of the development including all approved phases of construction.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.130 Director.

“Director” means:

(A) The director of the Kitsap County department of public works or designee for the administration of the stormwater management program of Chapters 12.36 and 12.40 and the stormwater maintenance program of Chapter 12.24; or

(B) The director of the Kitsap County department of community development or designee for all permit-related activities.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.135 Dispersion.

“Dispersion” means the release of stormwater runoff such that the flow spreads over a wide area and is located so as not to allow flow to concentrate anywhere upstream of a drainage channel with erodible underlying soils.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.140 Diversion.

“Diversion” means the routing of stormwater to other than its natural discharge location.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.145 Drainage feature.

“Drainage feature” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.150 Drainage plan.

“Drainage plan” means a plan for the collection, transport, treatment and discharge of runoff, and may include both the plan and profile views of the site as well as construction details and notes.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.155 Easement.

“Easement” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.160 Ecology Manual.

“Ecology Manual” means the 2019 Stormwater Management Manual for Western Washington, published in July 2019.

(Ord. 599 (2021) § 9, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.165 Effective impervious surface.

“Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a stormwater drainage system. Impervious surfaces are considered ineffective if: (1) the runoff is dispersed through at least one hundred feet of native vegetation in accordance with BMP T5.30 – “Full Dispersion” as described in Chapter 5 of Volume II of the Kitsap manual; (2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems in Chapter 5 of Volume II of the Kitsap manual; or (3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated.

(Ord. 599 (2021) § 10, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.170 Engineer.

Engineer. See “professional engineer.”

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.175 Equivalent service unit (ESU).

“Equivalent service unit (ESU)” means the average estimated amount of impervious surface area on a single-family residential parcel. For the purposes of calculating the service charges in Chapter 12.40, an ESU shall be defined as four thousand two hundred square feet of impervious surface area.

(Ord. 549 (2017) § 1, 2017: Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.180 Existing stormwater facilities.

“Existing stormwater facilities” means those facilities constructed or under permitted construction prior to the effective date of the ordinance codified in this chapter.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.183 Flow control best management practices (BMPs).

“Flow control best management practices (BMPs)” means strategies that control the volume rate, frequency, and flow duration of stormwater surface runoff. Flow control BMPs include, but are not limited to, detention ponds, detention tanks, and detention vaults.

(Ord. 599 (2021) § 11, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.185 Forested land.

“Forested land” means “forest land” as defined in RCW 76.09.020, and shall include all land that is capable of supporting a merchantable stand of timber and that is being actively used in a manner compatible with timber growing.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.187 Functional soils.

“Functional soils” means soils that provide important stormwater functions including: water infiltration; nutrient, sediment, and pollutant adsorption; sediment and pollutant biofiltration; water inflow storage and transmission; and pollutant decomposition.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.190 Geologist.

“Geologist” means a person who is licensed in the state of Washington and meets all experience and training requirements in accordance with Chapter 308-15 WAC, as now or hereafter amended. The state provides for two specializations: engineering geology and hydrogeology.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.195 Geotechnical engineer.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years’ professional experience in evaluating geologically hazardous areas.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.200 Geotechnical report and geological report.

“Geotechnical report” and “geological report” mean a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations related to slope and structural stability. The geotechnical report shall be prepared by, or in conjunction with, a geotechnical engineer meeting the minimum qualifications as defined by this title. Geological reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist. “Geotechnical report” means a study of the effects of drainage and drainage facilities on soil characteristics, geology and groundwater. A geotechnical engineer, geologist or hydrogeologist shall prepare the geotechnical report.

(Ord. 599 (2021) §§ 12, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.205 Green stormwater infrastructure (GSI).

“Green stormwater infrastructure (GSI)” is also known as low impact development (LID). Refer to the definition for “low impact development (LID),” which is the preferred term used by the county.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.210 Green stormwater solutions (GSS).

“Green stormwater solutions (GSS)” is also known as low impact development (LID). Refer to the definition for “low impact development (LID),” which is the preferred term used by the county.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.215 Grading.

“Grading” means any excavating, filling or embanking of earth materials.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.220 Hard surface.

“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.225 High-use site.

“High-use site” means sites that typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. High-use sites include:

(A) An area of a commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than one hundred vehicles per one thousand square feet of gross building area;

(B) An area of a commercial or industrial site subject to petroleum storage and transfer in excess of one thousand five hundred gallons per year, not including routinely delivered heating oil;

(C) An area of a commercial or industrial site subject to parking, storage or maintenance of twenty-five or more vehicles that are over ten tons gross weight (trucks, buses, trains, heavy equipment, etc.);

(D) A road intersection with a measured ADT count of twenty-five thousand vehicles or more on the main roadway and fifteen thousand vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.230 Hydrograph.

“Hydrograph” means a graph of runoff rate, inflow rate or discharge rate, past a specific point over time.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.235 Hydrograph method.

“Hydrograph method” means a method of estimating a hydrograph using a mathematical simulation.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.240 Illicit discharge.

“Illicit discharge” means all non-stormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including, but not limited to, sanitary sewer connections, industrial process water, interior floor drains, and gray water systems. The following shall not be considered illicit discharges unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

(A) Diverted stream flows.

(B) Rising groundwaters.

(D) Uncontaminated pumped groundwater.

(E) Foundation drains.

(F) Air conditioning condensation.

(G) Irrigation water from agricultural sources that is commingled with urban stormwater.

(H) Springs.

(I) Uncontaminated water from crawl space pumps.

(J) Footing drains.

(K) Flows from riparian habitats and wetlands.

(L) Non-stormwater discharges covered by and compliant with another NPDES permit.

(M) Discharges from emergency fire-fighting activities.

(N) Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water so long as the discharges are dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in stormwater drainage systems.

(O) Discharges from lawn watering and other irrigation runoff.

(P) Dechlorinated swimming pool, spa, and hot tub discharges so long as the discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to stormwater drainage systems.

(Q) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. At active construction sites, street sweeping must be performed prior to washing the street.

(Ord. 599 (2021) §§ 13, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.245 Impervious surface.

“Impervious surface” means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.250 Industrial uses.

“Industrial uses” means those activities involving land used for manufacturing of food products, apparel and fabric, lumber and wood products, furniture and fixtures, paper products, printing and publishing, chemicals, petroleum products, plastics, leather goods, stone, clay and glass, fabricated metal products, precision instruments, and miscellaneous manufacturing; railroad, motor vehicle, aircraft, marine craft transportation; automobile parking; communications; other transportation, communication, or utilities; water systems; sanitary land fills; or auto wrecking yards as defined by the Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.255 Institutional establishments/uses.

“Institutional establishments/uses” means those activities involving land used for hospitals, convalescent centers, contract construction services; governmental services; educational services; miscellaneous services; churches; cultural activities and nature exhibitions; public assembly; or recreational activities as defined by the Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.260 Kitsap manual.

“Kitsap manual” means the Kitsap County Stormwater Design Manual.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.265 Land disturbing activity.

“Land disturbing activity” means 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, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.270 Land use permits and approvals.

“Land use permits and approvals” means any use or development of land that requires Kitsap County action in legislation, administration or approval contained in Titles 11 (Roads, Highways and Bridges), 13 (Water and Sewers), 14 (Buildings and Construction), 15 (Flood Hazard Areas), 16 (Land Division and Development), 17 (Zoning), 18 (Environment), 19 (Critical Areas Ordinance), and 22 (Shoreline Master Program), including, but not limited to, the following:

(A) Preliminary plat subdivision;

(B) Final plat subdivision;

(D) Site plan review;

(E) Conditional use permit (CUP);

(F) Zoning variance;

(G) Short plat subdivision;

(H) Large lot subdivision;

(I) Grading permit;

(J) Shoreline substantial development permit;

(K) Shoreline conditional use permit;

(L) SEPA and EIS reviews;

(M) Binding site plan;

(N) Building permit;

(O) Permitted uses under Title 17.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.275 Large project.

“Large project” means a project for which all nine of the minimum requirements apply in accordance with Section 12.20.010.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.280 Low impact development (LID).

“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. LID is also known as green stormwater infrastructure (GSI) or green stormwater solutions (GSS). LID is the preferred term used by the county.

(Ord. 599 (2021) §§ 14, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.285 Low impact development (LID) best management practices (BMPs).

“Low impact development (LID) best management practices (BMPs)” means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, downspout full infiltration, downspout dispersion systems, perforated stub-out connections, full dispersion, post-construction soil quality and depth, minimal excavation foundations, vegetated roofs, and rainwater harvesting.

(Ord. 599 (2021) §§ 15, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.290 Maintenance.

“Maintenance” means repair and maintenance and includes activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and approved and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type of structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built-up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the BMP design guidance within the Kitsap manual. See also pavement maintenance exemptions in Section 12.10.040(4).

(Ord. 599 (2021) §§ 16, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.295 Maintenance covenant.

“Maintenance covenant” means a binding agreement between Kitsap County and the person or persons holding title to a property served by a stormwater facility whereby the property owner promises to, among other things, 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.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.300 Maintenance schedule.

“Maintenance schedule” means a document detailing required stormwater facility maintenance activities to be performed at specified intervals.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.305 Multifamily residence.

“Multifamily residence” means a residential structure accommodating two, three or four dwelling units as defined by Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.310 Native vegetation.

“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. The list of native and indigenous plant species for Kitsap County may be obtained from the department of community development.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.315 New development.

“New development” means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.318 New impervious surface.

“New impervious surface” means a surface that is:

(A) Changed from a pervious surface to an impervious surface (e.g., resurfacing by upgrading from dirt to gravel, a bituminous surface treatment (“chip seal”), asphalt, concrete, or an impervious structure); or

(B) Upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or

Note that if asphalt or concrete has been overlaid by a chip seal, the existing condition should be considered as asphalt or concrete.

(Ord. 599 (2021) § 17, 2021)

12.08.320 Nonforestry use.

“Nonforestry use” means an active use of land which is incompatible with timber growing.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.325 Off-site drainage analysis.

“Off-site drainage analysis” means a study of those land areas contributing surface runoff to a development site as well as a study of the existing and predicted impacts of surface runoff from the development site on properties and drainage features that have the potential to receive stormwater from the development site.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.330 On-site stormwater management best management practices (BMPs).

“On-site stormwater management best management practices (BMPs)” is a synonym for low impact development (LID) BMPs, as used in this code. Stormwater management BMPs include those that serve to infiltrate, disperse, and retain stormwater runoff on site.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.335 Operation and maintenance manual.

“Operation and maintenance manual” means 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.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.340 Owner.

“Owner” means any person or persons having a legal or equitable property right or interest, whether or not said right is legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust or deed of trust.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.345 Parcel.

“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for real property purposes, and a tax lot number assigned by the Kitsap County assessor.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.350 Pollution.

“Pollution” means contamination or other alteration of the physical, chemical or biological properties of the 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.355 Pollution-generating hard surface (PGHS).

“Pollution-generating hard surface (PGHS)” means those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See the listing of surfaces under “pollution-generating impervious surface.”

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.360 Pollution-generating impervious surface (PGIS).

“Pollution-generating impervious surface (PGIS)” means those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to any of the following: vehicular use; industrial activities (as further defined in the glossary of the Ecology Manual); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall. Erodible or leachable materials, wastes, or chemicals are those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage; metal roofs unless they are coated with an inert, nonleachable material (e.g., baked-on enamel coating); or roofs that are subject to venting significant amounts of dusts, mites, or fumes from manufacturing, commercial, or other indoor activities. A surface, whether paved or not, shall be considered subject to vehicular use if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.

The following are not considered regularly used surfaces: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, fenced fire lanes, and infrequently used maintenance access roads.

(Ord. 599 (2021) §§ 18, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.365 Pollution-generating pervious surfaces (PGPS).

“Pollution-generating pervious surfaces (PGPS)” means any pervious surface subject to any of the following: vehicular use, industrial activities (as further defined in the glossary of the Ecology Manual); storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall; use of pesticides and fertilizers; or loss of soil. Typical PGPS include lawns, and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf).

(Ord. 599 (2021) § 19, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.370 Predevelopment (or predeveloped) conditions.

“Predevelopment (or predeveloped) conditions” means the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The predeveloped condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.372 Project.

“Project” means any proposed action to alter or develop a site.

(Ord. 599 (2021) § 20, 2021)

12.08.375 Project site.

“Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, new hard surfaces, or replaced hard surfaces.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.380 Professional engineer.

“Professional engineer” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.385 Project engineer.

“Project engineer” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.390 Receiving waters.

“Receiving waters” means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow, and groundwater to which surface runoff is directed by infiltration.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.395 Redevelopment.

“Redevelopment” means development on a site that is already substantially developed (i.e., has thirty-five percent or more of existing hard-surface coverage) by one or more of the following: the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.

(Ord. 599 (2021) § 21, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.400 Replaced hard surface.

“Replaced hard surface” means:

(A) For structures, the removal and replacement of hard surfaces down to the foundation.

(B) For other hard surfaces, the removal down to bare soil or base course and replacement.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.405 Replaced impervious surface.

“Replaced impervious surface” means:

(A) For structures, the removal and replacement of any exterior impervious surfaces or foundation.

(B) For other impervious surfaces, the removal down to bare soil or base course and replacement.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.407 Runoff treatment best management practices (BMPs).

“Runoff treatment best management practices (BMPs)” means strategies to reduce levels of pollutant loads. Runoff treatment BMPs include simple gravity settling of particulate pollutants, centrifugal separation, filtration, biological uptake, and media or soil absorption. Runoff treatment BMPs include, but are not limited to, permeable pavement systems, wetponds, oil/water separators, and stormwater treatment wetlands.

(Ord. 599 (2021) § 28, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016. Formerly 12.08.505)

12.08.410 SEPA.

“SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.415 Service charges.

“Service charges” means the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.420 Shorelines of the state.

“Shorelines of the state” means the total of all “shorelines” and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030, also known as the Shoreline Management Act, Chapter 90.58 RCW.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.425 Single-family residence.

“Single-family residence” means a residential structure accommodating one dwelling unit, including mobile homes as defined by Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.430 Site.

“Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.435 Site development activity.

“Site development activity” means the alteration of topography, clearing, 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.”

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.440 Site development activity permit plan.

“Site development activity permit plan” means 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.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.445 Small project.

“Small project” means a project for which not all of the nine minimum requirements apply in accordance with Section 12.20.010.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.450 Soils report.

“Soils report” means a study of soils on a subject property with the primary purpose of characterizing and describing the engineering properties of soils. The soils investigation report shall be prepared by a licensed professional, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.

(Ord. 599 (2021) § 22, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.455 (Repealed)

* Editor’s note: Former Section 12.08.455, “Soils engineer,” was repealed by Section 23 of Ordinance 599 (2021). Ordinance 540 (2016) § 4 (Att. 1) (part) was formerly codified in this section.

12.08.460 Source control BMP.

“Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Ecology Manual separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities, that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Chapter 3 of Volume II of the Kitsap manual for details.

(Ord. 599 (2021) §§ 24, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.465 Stabilized.

“Stabilized” means the application of BMPs sufficient to protect soil from the erosive forces of raindrop impact and flowing water. Examples include, but are not limited to, vegetative establishment, mulching, plastic covering, the early application of gravel base, and outlet and channel protection.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.470 State roads.

“State roads” means state highway rights-of-way as defined in RCW 90.03.520.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.475 Stormwater.

“Stormwater” means the runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.

(Ord. 599 (2021) §§ 25, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.480 Stormwater facility or stormwater control facility.

“Stormwater facility” or “stormwater control facility” means a component of a manmade drainage feature, or features, designed or constructed to perform a particular function or multiple functions, including, but not limited to, pipes, swales, bioretention facilities, 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. These are also known as or sometimes referred to as BMPs.

(Ord. 599 (2021) §§ 26, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.485 Stormwater quality control.

“Stormwater quality control” means 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, pervious pavement systems, wetponds, oil/water separators, constructed wetlands and erosion and sedimentation control facilities.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.490 Stormwater quantity control.

“Stormwater quantity control” means 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.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.495 Stormwater system.

“Stormwater system” means all natural and manmade systems which function together or independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater best management practices/facilities as well as natural systems such as streams and creeks and all natural systems which convey, store, infiltrate or divert stormwater.

(Ord. 599 (2021) §§ 27, 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.500 Technical deviation.

“Technical deviation” means permission granted by the director to deviate from the provisions of the Kitsap manual.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.505 Threshold discharge area (TDA).

“Threshold discharge area (TDA)” means an area within a project site draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flowpath). The Kitsap manual contains a figure that illustrates this definition. The purpose of this definition is to clarify how the thresholds of the Kitsap manual are applied to project sites with multiple discharge points.

(Ord. 599 (2021) § 29, 2021)

12.08.510 Undeveloped land.

“Undeveloped land” means unimproved land, and land used for railroad transportation, unimproved forest land, unimproved agricultural land, parks, cemeteries, other resource production and open space as defined by the Kitsap County zoning ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.515 Unimproved agricultural land.

“Unimproved agricultural land” means land defined as agricultural land with no residential structures.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.520 Unimproved forest land.

“Unimproved forest land” means land defined as forest land with no residential structures.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.525 Unit rate.

“Unit rate” means the dollar amount charged per single-family residence or one ESU.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.530 Variance.

“Variance” means permission granted by the Kitsap County hearing examiner to deviate from the provisions of this title.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.535 Vehicular use.

“Vehicular use” means regular use of a surface by motor vehicles. The following are subject to regular vehicular use: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered subject to regular vehicular use: paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.540 Watershed action plan.

“Watershed action plan” means a local watershed planning process to identify the problems, needs and action steps to reduce non-point pollution, enhance water quality, and protect beneficial uses.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.545 Water quality sensitive area.

“Water quality sensitive area” means areas that are sensitive to a change in water quality, including, but not limited to, lakes, groundwater management areas, groundwater special protection areas, sole source aquifers, critical aquifer recharge areas, wellhead protection areas, closed depressions, fish spawning and rearing habitat, wildlife habitat and shellfish protection areas.

(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.08.550 Wetland.

“Wetland” means those areas of Kitsap County that qualify as wetlands under Title 19, Critical Areas Ordinance.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)