4.3.3 Easement and Setback Requirements

Proposed projects shall comply with the following easement and setback requirements unless otherwise approved by the director:

  1. Any onsite conveyance system element constructed as part of a subdivision project shall be located in a dedicated drainage easement, tract, or right of way that preserves the system's route and conveyance capacity and grants Kitsap County right of access for inspection, maintenance, and repair. Exception: Roof downspout, minor yard, and footing drains do not require easements, tracts, or right of way. If easements are provided for these minor drains (or for other utilities such as power, gas, or telephone), they need not comply with the requirements of this section.

  2. Except for those facilities that have been formally accepted for maintenance by Kitsap County, maintenance and repair of drainage facilities and BMPs on private property shall be the responsibility of the property owner.

  3. Any onsite conveyance system element constructed as part of a commercial building permit or commercial development permit shall be covered by the drainage facility declaration of covenant and grant of easement that provides Kitsap County right of access for inspection, maintenance, and repair.

    Except for those facilities that have been formally accepted for maintenance by Kitsap County, maintenance and repair of drainage facilities and BMPs on private property shall be the responsibility of the property owner.

  4. Any offsite conveyance system element constructed through private property as part of a proposed project shall be located in a drainage easement.

  5. All drainage easements, public and private, shall meet the following standards:

    1. All drainage easements shall have a minimum width of 15 feet, with the exception that easements for private roof and yard drain systems may have a minimum width of 10 feet.

    2. All 5‑foot-diameter and smaller pipes shall be located within the easement so that each pipe face is no closer than 5 feet from each easement boundary.

    3. All 5‑foot-wide and smaller open channels shall be located within the easement so that the water surface elevation at the top of freeboard is no closer than 5 feet from each easement boundary.

    4. Roof and yard drain pipes shall be centered in the easement.

    5. For pipes larger than 5 feet in diameter and for channels having a top width at freeboard wider than 5 feet, the easement width shall be larger than the minimum 15‑foot width, sized to meet the required setbacks from the easement boundaries.

  6. Maintenance access shall be provided for all manholes, catch basins, vaults, or other drainage facilities that are to be maintained by Kitsap County. It is not generally necessary to provide vehicular access along the entire length of a drainage pipe or swale as long as access is provided at each end. Maintenance access shall consist of an access easement and a constructed access road, with turn-around if necessary. Access roads shall be constructed as specified in Volume II, Chapter 5.