Chapter 12.08
DEFINITIONS
Sections:
12.08.010 Definitions.
The following definitions of terms shall apply to this title:
1. “Abbreviated grading plan” means a grading plan that does not require the seal of a professional civil engineer.
2. “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.
3. “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.
4. “Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and storm water quality and quantity management facilities and drainage features within individual sub-basins.
5. “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.
6. “Best management practices (BMP)” means physical, structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants or other adverse impacts to water, and have been approved by Kitsap County as accepted BMPs.
7. “Biofiltration/biofilter facilities” means vegetative BMPs which treat storm water by filtration through vegetation. Biofiltration facilities include, but are not limited to, grassed or vegetated swales and filter strips.
8. “Bioretention facilities” means shallow landscaped depressions with an engineered soil mix designed to filter runoff from a small contributing area. Bioretention facilities may be in the form of swales or cells. Bioretention facilities are commonly referred to as rain gardens.
9. “Board” means the Kitsap County board of commissioners or their assigns.
10. “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.
11. “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 storm water and the effectiveness of erosion and sediment control measures used to control the quality of storm water discharges. Certification is obtained through an Ecology-approved erosion and sediment control course.
12. “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.
13. “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 storm water 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.
14. “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.
15. “County” means Kitsap County.
16. “Critical drainage area” refers to those areas designated in Chapter 12.28 (Critical Drainage Areas), which have a high potential for storm water quantity or quality problems.
17. “Design storm event” means a theoretical storm event, of a given frequency interval and duration, used in the analysis and design of a storm water facility.
18. “Detention facilities” means storm water 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.
19. “Developed site” means the condition of the development site following completion of construction of the development including all approved phases of construction.
20. “Director” means:
(a) The director of the Kitsap County department of public works or his designee for the administration of the surface and storm water management program of Chapters 12.36 and 12.40 and the storm water maintenance program of Chapter 12.24; or
(b) The director of the Kitsap County department of community development or his designee for all permit-related activities.
21. “Dispersion” means the release of surface or storm water 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.
22. “Diversion” means the routing of storm water to other than its natural discharge location.
23. “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 storm water runoff.
24. “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.
25. “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.
26. “Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on development sites are considered ineffective if the runoff is infiltrated or fully dispersed using the design criteria found in the manual.
27. “Existing storm water facilities” means those facilities constructed or under permitted construction prior to the effective date of the ordinance codified in this chapter.
28. “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.
29. “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.
30. “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.
31. “Geotechnical report” and “geological report” mean a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, ground water 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 ground water. A geotechnical engineer or geologist shall prepare the geotechnical report.
32. “Grading” means any excavating, filling or embanking of earth materials.
33. “Hydrograph” means a graph of runoff rate, inflow rate or discharge rate, past a specific point over time.
34. “Hydrograph method” means a method of estimating a hydrograph using a mathematical simulation.
35. “Illicit discharge” means all non-storm water discharges to storm water drainage 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 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 ground water:
(a) Diverted stream flows.
(b) Rising ground waters.
(c) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)).
(d) Uncontaminated pumped ground water.
(e) Foundation drains.
(f) Air conditioning condensation.
(g) Irrigation water from agricultural sources that is commingled with urban storm water.
(h) Springs.
(i) Water from crawl space pumps.
(j) Footing drains.
(k) Flows from riparian habitats and wetlands.
(l) Non-storm water 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 storm water drainage systems.
(o) Discharges from lawn watering and other irrigation runoff.
(p) Dechlorinated swimming pool 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. Swimming pool cleaning wastewater and filter backwash shall not be discharged to storm water 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.
36. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. 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 under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. 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.
37. “Land disturbing activity” means any activity that results in movement of earth, or 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 are not considered land disturbing activity.
38. “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;
(c) Performance based development (PBD) including residential and commercial;
(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.
39. “Maintenance” means activities conducted on currently serviceable structures, facilities, and equipment that involve no expansion or use beyond that previously existing and result 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 structure, as long as the functioning characteristics of the original structure are not changed. Maintenance shall also include the correction of any problem on the site property which may directly impair the functions of the storm water facilities.
40. “Maintenance covenant” means a binding agreement between Kitsap County and the person or persons holding title to a property served by a storm water facility whereby the property owner promises to, among other things, maintain certain storm water 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 storm water 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.
41. “Maintenance schedule” means a document detailing required storm water facility maintenance activities to be performed at specified intervals.
42. “Major development” means any new development or any redevelopment activity that:
(a) For sites within a census defined urban area or an urban growth area:
(i) Creates or adds five thousand square feet, or more, of new impervious surface area; or
(ii) Converts three-fourths acre, or more, of native vegetation to pollution generating pervious surface; or
(iii) Converts two and one-half acres, or more, of native vegetation to pasture; or
(b) For sites outside census defined urban areas or urban growth areas, creates or adds ten thousand square feet, or more, of new impervious surface area or creates or adds five percent or more of impervious surface area of the site (whichever is greater); or
(c) Includes land disturbing activity of one acre or greater; or
(d) Includes grading involving the movement of five thousand cubic yards or more of material.
43. “Manual” means the Kitsap County Stormwater Design Manual.
44. “Minor development” means any new development or redevelopment activity that does not meet the thresholds of a major development.
45. “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. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
46. “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 impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.
47. “Nonforestry use” means an active use of land which is incompatible with timber growing.
48. “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 storm water from the development site.
49. “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 storm water control facilities, for use by operation and maintenance personnel.
50. “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.
51. “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.
52. “Pollution-generating impervious surface (PGIS)” means those impervious surfaces considered to be a significant source of pollutants in storm water runoff. Such surfaces include those that are subject to: vehicular use; industrial activities; or storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the runon 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 are also considered to be PGIS unless they are coated with an inert, nonleachable material (e.g., baked-on enamel coating). 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.
53. “Pollution-generating pervious surfaces (PGPS)” means any nonimpervious surface subject to use of pesticides and fertilizers or loss of soil. Typical PGPS include lawns, landscaped areas, golf courses, parks, cemeteries, and sports fields.
54. “Predevelopment 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.
55. “Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces.
56. “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.
57. “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.
58. “Receiving waters” means bodies of water or surface water systems to which surface runoff is discharged via a point source of storm water or via sheet flow.
59. “Redevelopment” means development on a site that is already substantially developed (i.e., has thirty-five percent or more of existing impervious surface coverage) by one or more of the following: the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
60. “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.
61. “SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.
62. “Shorelines of the state” means the total of all “shorelines” and “shorelines of state-wide significance” within the state, as defined in RCW 90.58.030, also known as the Shoreline Management Act, Chapter 90.58 RCW.
63. “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.
64. “Site development activity” means the alteration of topography, clearing, paving, grading, construction, alteration of storm water 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.”
65. “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.
66. “Soils investigation 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 qualified soils engineer or geologist, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.
67. “Soils engineer” means 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.
68. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that are sources of pollutants. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering storm water. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering storm water.
69. “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.
70. “Storm water” means the surface water runoff that results from all natural forms of precipitation.
71. “Storm water 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. Storm water facilities shall not include building gutters, downspouts and drains serving one single-family residence.
72. “Storm water quality control” means the control of the introduction of pollutants into storm water and the process of separating pollutants from storm water. Storm water 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.
73. “Storm water quantity control” means the control of the rate and/or volume of storm water released from a development site. Storm water quantity control facilities include, but are not limited to, detention and retention facilities.
74. “Storm water system” means all natural and manmade systems which function together or independently to collect, store, purify, discharge and convey storm water. Included are all storm water facilities as well as natural systems such as streams and creeks and all natural systems which convey, store, infiltrate or divert storm water.
75. “Technical deviation” means permission granted by the director to deviate from the provisions of the manual.
76. “Variance” means permission granted by the Kitsap County hearing examiner to deviate from the provisions of this title.
77. “Water quality sensitive area” means 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, critical aquifer recharge areas, wellhead protection areas, closed depressions, fish spawning and rearing habitat, wildlife habitat and shellfish protection areas.
78. “Wetland” means those areas of Kitsap County that qualify as wetlands under Title 19, Critical Areas Ordinance.
(Ord. 513 (2014) § 2, 2014: Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 5, 2009: Ord. 375 (2007) § 1, 2007: Ord. 290 (2002) § 1, 2002: Ord. 199 (1996) § 2.10, 1996)