ORD 92-09 SUBDIVISION ORDINANCECity of Bainbridge Island
SUBDIVISION
ORDINANCE
February 20, 1992
Ordinance #92-~
Cost $2.75
Chapters:
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
17.04.051
17.04.060
17.04.080
17.04.090
17.04.100
17.04.120
17.04.130
17.04.136
17.04.145
17.04.146
17.04.160
17.04.160
17.04.180
17.04.190
17.04.200
17.04.220
17.04.230
17.04.240
17.04.250
17.04.260
17.04.270
17.04.280
17.04.290
17.04.290
17.04.290
17.04.320
17.04.330
Title ................................................ 1
Compliance ........................................... 2
Purpose ............................................. 2
Def'mitions ............................................ 2
Exclusions ............................................ 5
Vesting .............................................. 6
Who May Apply ........................................ 6
Preliminary Plat - Applicable Procedure ........................ 6
Submittal Requirements ................................... 6
Notice Requirements ..................................... 8
Preliminary Plat - Decision Criteria ........................... 9
Review Process ........................................ 11
Preliminary Plat - Council Acceptance or Rejection ................ 11
Preliminary Plat - Time Limitation ........................... 12
Preliminary Plat - Extension ............................... 12
Preliminary Plat - Effect of Approval ......................... 12
Dedications .......................................... 12
Final Plat - Submittal Requirements .......................... 13
Review and Recommendation - Final Plat ...................... 13
Final Plat - City Council Review and Approval ................... 13
Final Plat - Phased Development ............................ 14
Modification of Plat .................................... 14
Final Plat - Recording Required ............................. 15
Final Plat - Assurance Device .............................. 15
Special Requirements for Sensitive Areas ....................... 15
Alteration of Subdivision - Procedure ......................... 16
Development of Illegally Divided Lnad ........................ 16
Penalty ............................................. 16
Enforcement ......................................... 16
Construction ......................................... 17
Severability .......................................... 17
Injunctive Action ...................................... 17
ORDINANCE 92- 09
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, RELATING TO SUBDIVISIONS AND PI,ATS AND
REPEALING BIMC CHAPTER 17.04 ON SUBDIVISIONS and CHAPTER
17.12 ON SHORT PLATS
WHEREAS the legislature finds that the process by which land is divided is a matter of
state concern and should be administered in a uniform manner by cities, towns, and counties
through the state. The purpose of this chapter is to regulate the subdivision of land and to
promote the public health, safety and general welfare in accordance with standards established
by the state to prevent the overcrowding of land; to lessen congestion in the streets and
highways; to promote effective use of land; to promote safe and convenient travel by the public
on streets and highways; to provide for adequate light and air; to facilitate adequate provision
for water, sewerage, parks and recreation areas, site for schools and schoolgrouncts and other
public requirements; to provide for proper ingress and egress; to provide for the expeditious
review and approval of proposed subdivisions which conform to zoning standards and local plans
and policies; to adequately provide for the housing and commercial needs of the citizens of the
state; and to require uniform monumenting of land subdivisions and conveyancing by accurate
legal description.
WHEREAS RCW Chapter 58.17 has prescribed a method for accomplishing the
aforesaid purposes and has vested cities with the responsibility for controlling the subdivision
of land within their boundaries; and
WHEREAS The city council finds the controls, standards, review criteria and procedures
set forth in this ordinance to be essential for the protection of public health, safety and general
welfare of the citizens of Bainbridge Island; and the adoption thereof to be in the public interest
consistent with the laws of the State of Washington and the City of Bainbridge Island's plans and
policies; now therefore
THE CITY COUNCIL OF BAINBRIDGE ISLAND, WASHINGTON DOES ORDAIN AS
FOLLOWS:
Section 1. Repealer. This Ordinance repeals Chapters 17.04 and 17.12 of the
Bainbridge Island Municipal Code and creates a new Chapter 17.16
Section 2. New Title. There is added to the Bainbridge Island Municipal Code a new
Chapter entitled Subdivisions to read as follows:
BAINBRIDGE ISLAND SUBDIVISIONS ORD.
Page 1
February 20, 1992
SUBDIVISION (LONG PLATS) 17.04
17.04.010 Title.
There is added to the Bainbridge Island Municipal Code a new Title entitled Subdivisions to
read as follows:
17.04.020 Compliance
All subdivisions shall comply with this Ordinance.
17.04.030 Purpose
The legislature finds that the process by which land is divided is a matter of state concern
and should be administered in a uniform manner by cities, towns, and counties through the
state. The purpose of this chapter is to regulate the subdivision of land and to promote the
public health, safety and general welfare in accordance with standards established by the state
to prevent the overcrowding of land; to lessen congestion in the streets and highways; to
promote effective use of land; to promote safe and convenient travel by the public on streets
and highways; to provide for adequate light and air; to facilitate adequate provision for
water, sewerage, parks and recreation areas, site for schools and schoolgrounds and other
public requirements; to provide for proper ingress and egress; to provide for the expeditious
review and approval of proposed subdivisions which conform to zoning standards and local
plans and policies; to adequately provide for the housing and commercial needs of the
citizens of the state; and to require uniform monumenting of land subdivisions and
conveyancing by accurate legal description.
17.04.040 Definitions
1. Block: "Block" means a group of lots, tracts or parcels within well defined and fixed
boundaries.
Buffer: "Buffer" means space, either landscaped or in a natural state, existing or
natural vegetation intended to reduce the impact of undesirable sights, sounds, and
odors, and to protect wetland and stream values, functions or property.
,
Comprehensive Plan: "Comprehensive plan" means the policies approved by the City
Council as a guide to the development of the city.
,
Contiguous Land: "Contiguous Land" means land adjoining and touching other land
and having the same owner regardless of whether or not portions of the parcels have
separate tax number, or were purchased at different times, in different sections, are in
different government lots or are separated from each other by private road or private
fights-of-way.
Page 2
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92~
February 20, 1992
Dedication: "Dedication" means the deliberate appropriation of land by an owner for
any general and public uses, reserving to the owner no other right than such as are
compatible with the full exercise and enjoyment of the public uses to which the
property has been devoted. The intention to dedicate shall be evidenced by the owner
by the presentment for filing of a final plat showing the dedication thereon.
Acceptance of the filing shall be by approval of the final plat by the city council.
Department: "Department" means the city's Department of planning and community
development.
Director: "Director" means the Director of the City of Balnbridge Island Department
of Planning and Community Development. The Director may delegate duties
enumerated in this chapter to the Department staff.
Division: "Division" means a portion of property within an approved preliminary plat
which is authorized to be recorded separately by the specific terms and conditions of
the preliminary and/or final plat approval.
,
Easement: "Easement" means a use granted by a property owner to specific persons
or to the public for use of land for a specific purpose.
10.
Final Large Lot Plat: "Final Large Lot Plat" means the final drawing of the Large
Lot Subdivision and any dedications prepared for filing and recording with the County
Auditor and containing all the elements and requirements as set forth in this
Ordinance, other applicable ordinances, conditions of approval and provisions of state
law.
11.
Final Plat: "Final Plat" means the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing all ele, ments and
requirements set forth in RCW Chapter 58.17 and the Bainbridge Island Municipal
Code.
12.
Health Officer: "Health Officer" means the county health officer unless the city
employs its own health officer.
13.
Hearing examiner: "Hearing examiner" means the official designated as the hearing
examiner for the city pursuant to Chapter 2.16.
14.
Health Department: "Health Department" means the Bremerton Kitsap County Health
Department
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92-08"
oq
Page 3
February 20, 1992
15.
Large Lot plat: "Large Lot plat" means a map or representation of a Large Lot
Subdivision showing thereon the division into lots, blocks, streets, and/or other
dedicated amenities.
16.
Large Lot Subdivision: "Large Lot Subdivision" means the division or reclivision of
land into two or more lots for the purpose of sale, lease or transfer of ownership
where each lot is not smaller than five (5) acres or one-one hundred and twenty-eighth
(1/128) of a section (whichever is smaller). Provided, this shall not include division
or redivisions of land where all parcels are greater than twenty (20) acres or one
thirty-second (1/132) of a section.
17.
Lot: "Lot" means a fractional part of divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirement for width and
area. The term includes tracts or parcels.
18.
Open space: Open space is predominantly undeveloped and is set aside to serve the
purposes of providing park and recreation opportunities, conserving environmentally
sensitive areas and character. Open space excludes, tidelands, shorelands, yards
required by this ordinance, areas occupied by dwellings and impervious surfaces not
incidental to open space purposes.
19.
Phasing: "Phasing" means the use of limits on construction, permitting or occupancy
to reduce the immediacy or severity of impacts of the subdivision on the environment
or to better achieve the requirements of state law for the concurrence of the facilities
and services with the needs generated by development.
20. Planning agency: "Planning agency" means the Planning Agency of the City.
21.
Preliminary Large Lot plat: "Preliminary Large Lot plat" means a neat and
approximate drawing of a proposed Large Lot Subdivision showing the general layout
of roads, lots and blocks, to be applicable to the Large Lot subdivision, and other
elements which shall furnish a basis for the approval or disapproval of the general
layout of the Large Lot Subdivision.
22.
Preliminary Plat: "Preliminary Plat" means a drawing of a proposed subdivision,
showing the general layout of lots, tracts, streets, and other information required by
this chapter, resolutions, ordinances or administrative rules of the Department, signed
by all property owners of record or their duly designated agent or agents. The
preliminary plat shall be the basis for approval or disapproval of the general layout of
a subdivision.
23.
Road maintenance agreement: "Road maintenance agreement means" A covenant or
other agreement that addresses the responsibility for road maintenance.
Page 4
BAINBRIDGE ISLAND SUBDIVISIONS ORD. ~K)2-,t~'
February 20, 1992
24.
25.
26.
27.
Significant Tree: "Significant Tree" means any living, woody perennial plant
characterized by a main stem or trunk having many branches and having a diameter
of 12" or more measured at breast height.
Street: "Street" means a public or private thoroughfare that provides principal
vehicular access.
Subdivider: "Subdivider" means a person, including a corporate person or an agent,
who undertakes to create a subdivision.
Subdivision: "Subdivision" means the division or redivision of land into five or more
lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of
ownership.
17.04.050 Exclusions
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
Divisions of land into lots or tracts classified for industrial or commercial use when
the city, town, or county has approved a binding site plan for the use of the land in
accordance with local regulations;
A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers are permitted to be placed upon the land when the city, town,
or county has approved a binding site plan for the use of the land in accordance with
local regulations;
A division made for the purpose of alteration by adjusting boundary lines, between
platted or unplatted lots or both, which does not create any additional lot, tract,
parcel, site or division nor create any lot, tract, parcel, site, or division which
contains insufficient area and dimension to meet minimum requirements for width and
area for a building site; and
Divisions of land into lots or tracts if: (a) The improvements constructed or to be
constructed thereon will be included in one or more condominiums or owned by an
association or other legal entity in which the owners of units therein or their owners'
associations have a membership or other legal or beneficial interest; (b) a city, town,
or county has approved a binding site plan for all such land; and (c) the binding site
plan contains thereon the following statement: "All development of the land
described herein shall be in accordance with the binding site plan, as it may be
amended. Upon completion, the improvements on the land shall be included in one
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92d~8'
Page 5
February 20, 1992
or more condominiums or owned by an association or other legal entity in which the
owners of units herein or their owners' associations have a membership or other legal
or beneficial interest."
17.04.051 Vesting
A proposed subdivision shall be reviewed under all applicable City ordinances and the State
Environmental Policy Act in effect at the time a fully completed application for preliminary
plat approval is submitted.
17.04.060 Who May Apply
The property owner or his/her authorized agent may apply for a subdivision.
17.04.080 Preliminary Hat - Applicable Procedure
A. The subdivision application process is described in Chapter 2.16 of the Bajnbridge
Island Municipal Code, Quasi-Judicial Actions.
B,
The subdivider shall schedule a pre-application conference with the Department of
Planning and Community Development before submitting an application, unless such
conference is waived by the Director.
17.04.090 Submittal Requirements
A. A preliminary plat application shall include the following:
o
Preliminary Plat drawing and vicinity map, including proposed dedications
and/or easements;
Environmental checklist or draft environmental impact statement;
Proposed method of water supply, with a certificate of water availability from
the proposed water purveyor, if any, and a statement from the Health Ofl*icer
that the proposed domestic water supply meets applicable health standards;
Proposed method of sewage disposal with a certificate from the agency
providing sewage disposal, if any, of system adequacy to accept, treat and
discharge effluent from the proposed development, or a preliminary statement
from the Health Officer that the proposed disposal method is likely to meet
applicable health standards;
a. Assessor's maps showing the subject property and property ownerships
within 300 feet of the boundaries of the proposed subdivision (or
boundaries of the applicant's land, if any land within 300 feet of the
proposed subdivision is also owned by the applicant).
b. The Assessor's number of each identified property
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BAINBRIDGE ISLAND SUBDIVISIONS ORD. #924~
February 20, 1992
c. The current mailing address (on mailing labels) of the owner of each
property identified in subsection a, as contained in the records of the
County Assessor.
6. A description, by map or text, of the route or routes of vehicular and
pedestrian access to the property. The existing fight-of-way and conditions of
the access routes, and applicant's proposed improvements, shall be mapped or
described in sufficient detail to enable the city to determine their adequacy and
safety;
7. Any reports, studies or assessments that are required Ordinance 92-07, the
Environmentally Sensitive Areas Ordinance.
8. If phased development is proposed, a description or depiction of the separate
divisions and a statement of the order in which divisions are proposed to be
recorded.
9. A preliminary copy of restrictive covenants, dedications and/or easements, if
any are proposed.
10. To the extent that the information requested in BIMC 17.04 is provided in the
SEPA environmental checklist, reference to the checklist may be made in lieu
of repeating the information.
Except to the extent modified by adopted rule or regulation, the following standards
will be followed:
1. The scale for the preliminary plat map shall be not greater than one inch
equals one hundred feet. The horizontal and vertical scales for street and
sewer plans and profiles shall be those established by the City Engineer.
2. The documents shall be submitted in such form that when the maps and written
data are considered together, they shall fully and clearly disclose the following
information:
a. The name of the proposed subdivision;
b. The legal description of land confined within the proposed subdivision,
and any ancillary easements;
c. The name, address and telephone number of the owner of record of the
subject property;
d. The name, address and telephone number and seal of the registered
land surveyor or professional engineer who prepared the preliminary
plat documents;
e. The boundary lines of the proposed subdivision;
f. The boundaries of all lots and tracts proposed within the proposed
subdivision, together with the numbers to be assigned each lot;
g. The location, names and width of all existing streets, roads and
easements within the proposed subdivision and adjacent thereto;
h. The location and sizes of all buildings, wells, watercourses, bodies of
water, all overhead and underground utilities, municipal boundaries,
section lines, township lines, and other important features existing
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #924~'
Page 7
February 20, 1992
C,
j,
upon, over or under the land proposed to be subdivided or within one
hundred (100) feet thereof;
Contour lines at not less than five-foot intervals to show the existing
topography of the land to be subdivided, with identification of the base
datum.
Generalized plans of proposed water distribution systems, sewerage
systems, and drainage systems;
Any tideland or shoreline protection proposed, indicating locations;
A layout of proposed streets and alleys, including preliminary profiles,
and any tracts proposed to be dedicated or reserved for public or
common use; 13. In subdivisions proposed to be served by on site
sewage disposal, the location of soil log holes together with dam
regarding percolation rates as required by the health officer;
A map or sketch of the general vicinity in which the land proposed for
subdivision lies, upon which adjacent property owners are identified,
with names, addresses and tax assessor's numbers, and the names of
any adjacent subdivisions;
A map or sketch of the subdivision and the land surrounding the
proposed subdivision, with the location of existing wells within 100 feet
of the plat boundaries, and a statement as to whether the existing wells
are operating or abandoned, and the depth and purpose of any operating
well.
A Building Site Application (BSA) shall be submitted, and include as a
minimum the proposed building footprint and positioning of sewerage
disposal facilities; and;
If the plat constitutes a replat, the lot, block, street, etc. of the original
plat shall be shown with dotted lines in their proper positions in relation
to the new arrangement of the plat, the new plat being clearly shown in
solid lines to avoid ambiguity.
An application shall not be considered complete until all submittal requirements listed
in 17.04.90 A and B above, tees and all supporting materials are submitted to the
Department.
17.04.100 Notice Requirements
The notice requirements of this section are in addition to all other notice requirements in this
title.
The Director shall provide notice of the subdivision application by mailing
notice not later than 10 days after the application is filed to the State Secretary
of Transportation if the plat is adjacent to the right of way of a state highway
or within two miles of the boundary of a state or municipal airport.
Page 8
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #924}f
February 20, 1992
The Department shall provide for notice of the public hearing, including the
purpose, date, time and place, and a description of the subject property in
accordance with the notice requirements in Chapter 2.16 for Quasi-Judicial
actions.
The cost of all published and mailed notices shall be borne by the applicant.
The applicant shall submit an affidavit of compliance with the posting
requirements to the Hearing Examiner no later than seven days prior to the
public hearing.
17.04.120 Preliminary Hat - Decision Criteria
1. The preliminary plat makes appropriate provisions for the public health, safety and
general and public use and interest, including, the following:
g,
Open spaces;
Drainage and stormwater facilities;
Streets, including street names, traffic regulatory signs and mailbox locations;
Pedestrian facilities;
Highways, roads, streets, and other transit facilities;
Other public ways leading to, and providing access to and within the
subdivision;
Water supplies, including potable water;
Sanitary waste;
Parks;
Recreation facilities; and
Schools;
Fire and Emergency Vehicle Access;
Vehicle trip generations;
Transit stops;
School grounds;
Playgrounds;
Parks and recreation; and
Fire flow.
The overall design of the proposal minimizes soil erosion and the possibility of on or
off-site stream siltation, landslides and mudslides and meets the requirements for
Drainage Control [BIMC 15.20]; and
The preliminary plat meets the requirements set out in the subdivision standards,
Appendix A; and
The preliminary plat design is compatible with the physical characteristics of the
proposed subdivision site and accomplishes the purposes of this chapter and these
criteria by excellence of design; and
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92~7
Page 9
February 20, 1992
J
o
The proposal complies with all applicable provisions of the Balnbridge Island
Municipal Code, Chapters RCW 58.17 and 36.70A, and all other applicable
provisions of state and federal law and regulation; and
The proposal is in general accord with the Comprehensive Plan; and
Wherever feasible, the plat design includes measures to minimize clearing, with
priority given to maintenance of existing vegetation; and re-vegetation is incorporated
into the plat design when possible; and
The lots proposed are of sufficient size to accommodate a reasonable building site;
and
A minimum perimeter buffer of 25 feet shall be maintained. If the proposed
subdivision meets one of the following, buffers may be increased as follows (all
widths measured from lot lines):
a. Property abutting transition or overlay zones (Commercial/
Residential;Industrial/Residential or PUD's): not less than 40 feet
b. Property abutting right-of-way:
1. Arterial (SR 305): not less than 75 feet
2. Arterial/collector: not less than 40 feet
3. Collector: not less than 35 feet
4. All others: not less than 25 feet
c. Increased or Decreased Buffer Width
The Director may require increased buffer widths or may approve decreased
buffer widths on a case-by-case basis. A decreased buffer shall not result in
greater than a 25 percent reduction in the standard buffer width, and the
reduced buffer shall not be less than 5 feet.
d. Buffer Width Averaging
Standard buffer zones may be modified by averaging buffer widths. Width
averaging shall be allowed only where the applicant demonstrates all of the
following:
1. Width averaging will not adversely impact the surrounding properties;
and
2. The total area contained within the buffer after averaging is no less
than that contained within the required buffer prior to averag;ing. In no
instance shall the buffer width be reduced by more than 50% of the
standard buffer or be less than 10 feet.
e. Except as otherwise specified, buffer zones shall be retained in their natural
condition. Where buffer disturbance has occurred during construction,
revegetation with native vegetation will be required unless the Director
approves a substitute vegetation with the same or better runoff mitit;ation
capabilities.
Page 10
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92-0~'
February 20, 1992
As required under other ordinances, including the Environmentally Sensitive
Areas Ordinance 92-07.
10.
In making the determination of approval or disapproval using the criteria in Section
17.04. 120 above, the following additional factors without limitation, will also be
considered:
a. All public and private facilities and improvements on and off the site necessary
to provide for the proposed subdivision will be available when needed; and
b. Proposed new utilities, facilities and services, and the proposed additional use
of existing utilities, facilities and services, will not degrade the existing level
of operation and the use of such utilities, facilities and services below accepted
standards; and
c. The scenic value of existing vistas which provide substantial value to the state
and public at large, such as views from public rights-of-way, parks and open
space; and
d. Forest woodlots, individual trees, and other existing vegetation and permeated
surfaces which provide watershed protection, groundwater recharge, climate
moderation, and air purification for the public health and welfare, and
e. Existing habitat carrying capacity of the property by providing wildlife
corridors, and by preserving areas used for nesting and foraging by
endangered, threatened or protected species, to the extent consistent with the
proposed new use.
17.04.130 Review Process
A. Subdivisions shall be reviewed in accordance with the procedures in Chapter 2.16 of
the BIMC for Quasi-Judicial Hearings.
The Department shall forward the application, recommendations and other materials
to the Hearing Examiner 7 days prior to the hearing.
17.04.136 Preliminary Hat - Council Acceptance or Rejection.
A. The city council shall, at its first regular meeting following receipt of the hearing
examiner's recommendation, set a date for a public meeting to consider the
recommendation.
B,
The city council shall review the hearing examiner' s recommendation and shall concur
with, modify or reject the hearing examiner's recommendation. The City Council
may remand the recommendation to the Hearing Examiner with a request for more
information, to be obtained from either the existing record or re-opening the public
hearing following all notice requirements for subdivisions.
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #924~
Page 11
February 20, 1992
The City Council shall not take additional testimony, exhibits, or other evidence into
the record, but may view the property and surrounding area to better understand the
evidence and argument.
The decision of the city council to approve, modify, or disapprove any subdivision
shall be in writing and shall include findings of fact and conclusions to support the
decision.
RCW 58.17.180 provides for review of the City Council decision by Superior Court.
17.04.145 Preliminary Plat - Time Limitation
A preliminary plat approval automatically expires and is void if the applicant fails to file for
approval of the final plat within three years of the effective date of the preliminary plat
approval, unless the applicant has received an extension for the preliminary plat pursuant to
Section 17.04.146, or unless state law provides a different time limit.
17.04.146 Preliminary Plat - Extension
A. The Director shall extend the time for submitting a final plat for up to one year, if:
1. A written request for extension is filed at least thirty days before the expiration
of the three year period; and
2. The applicant has shown that there has been a good faith attempt to submit the
final plat within the three-year period.
17.04.160 Preliminary Plat - Effect of Approval
A. The approval of a preliminary plat by the City Engineer constitutes the general
acceptance of the layout of the plat and its relation to adjoining properties.
Engineering details remain subject to the approval of the City Engineer.
After approval of the preliminary plat, permits for the development of plat
improvements may be issued and work commenced. Such permits shall be contingent
upon compliance with the conditions specified on the approval of the preli~ninary plat,
the payment of all fees, and the submittal of assurance devices as required.
Approval of the preliminary plat by the City Council shall constitute authorization for
the subdivider to develop the subdivision's facilities and improvements in accordance
with state law, this chapter, and the conditions, if any, for preliminary plat approval.
17.04.170 Dedications
In order to meet the Health, Safety and Welfare needs of the public, and mitigate the impacts
of the proposal, the Director or City Engineer may condition approval of the Subdivision
Page 12
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92~1~'
February 20, 1992
upon dedications for open spaces, drainage ways, other public ways, water supplies, sanitary
waste facilities, parks, playgrounds, sites protection of environmentally sensitive areas, and
other needs of the public.
17.04.180 Final Hat - Submittal Requirements
A. The final plat shall be submitted to the Department and include the following:
1. Name of proposed subdivision;
2. A Building Site Application
3. Number of lots;
4. Average lot size;
5. General location of site;
6. Name and address of registered land surveyor.
7. A complete listing of all requirements of the Preliminary Plat and a description
of how they have been met.
8. All parcels created by the division of land to be so designated as to the
maximum number of primary dwelling units allowed on that parcel. This
number shall be designated on each individual title. All parcels designated
unbuildable will be so recorded.
9. If any requirements of the preliminary plat have not been met, copies of any
assurance devices for meeting those requirements shall be included. A
description of the proposed sequence and timing for all requirements that have
not been met shall be included.
10. A title insurance report, confirming that the title to the land in the proposed
subdivision is vested in the name of the owners whose signatures appear on the
plat.
17.04.190 Review and Recommendation - Final Plat
A. The City Engineer and the Health Department when appropriate shall review the final
plat and forward recommendations for approval or disapproval to the Department.
Bo
The Department shall forward its recommendation for approval or disapproval to the
City Council, evaluating compliance with any conditions imposed on the preliminary
plat and other applicable ordinances.
17.04.200 Final Plat - City Council Review and Approval
A. In accordance with RCW 58.17.140, Final Plats shall be approved, disapproved or
returned to the applicant within thirty (30) days from the date of filing unless the
applicant consents to an extension of the time period.
B,
The City Council shall approve or approve with modifications the final plat if it is
determined:
BAINBRIDGE ISLAND SUBDIVISIONS ORD.
Page 13
February 20, 1992
That the conditions imposed when the preliminary plat was approved have
been met; and
Bonds or other assurance devices, if any, by their essential terms assure
completion of all plat improvements; and
The requirements of state law, this chapter, the zoning ordinance and any
other applicable ordinances have been satisfied by the subdivider and the
general purpose of the comprehensive plan has been met.
If the council approves the final plat, approval shall be inscribed on the face of the
plat. The City shall file the original of the final plat for record with the county
auditor, and shall furnish one copy each, with the auditor's recording number, to the
city clerk, the city engineer, the county assessor, and the applicant.
D,
Any lots in a final plat filed for record shall be a valid land use for a period of five
years from the date of filing the final plat, notwithstanding any change in zoning
laws. A subdivision shall be governed by the terms of approval of the final plat and
the statutes, ordinances, and regulations in effect at the time of final plat approval for
a period of five years after final plat approval, unless a change in conditions creates a
serious threat to the public health or safety.
17.04.220 Final Plat - Phased Development
Portions of an approved preliminary plat may be processed separately for recording in
divisions, provided that the divisions were identified in the preliminary plat, and that
recording of divisions is consistent with the conditions of preliminary approval and will meet
all the requirements for final approval if subsequent divisions are not recorded. Prior to the
approval of a division of a final plat, the City Engineer may require assurance devices
submitted for construction of improvements in subsequent divisions if such improvements are
necessary for the division being approved to meet requirements of the plat and other
applicable ordinances.
17.04.230 Modification of Plat
Modification to an approved preliminary plat may be made by the Director if the
modification does not change the general plat layout, increase off site impacts of the
subdivision, or modify a provision or condition which was a matter of dispute by any party
during the preliminary approval process.
After reasonable notice and opportunity to comment is provided to the applicant and
all parties of record, the Director shall review and approve or disapprove the request
for modification following the process set forth in Section 2.16 (Administrative
Amendment, BIMC).
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BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92-.0'g"
February 20, 1992
Exception. The following shall not constitute changes in the preliminary plat
approval and thus do not require further review as provided for under subsection
17.04.230 A above:
1. Engineering detail, unless the proposed detail modifies or eliminate:~ features
specifically required as an element of the preliminary plat approval;
2. Minor changes in lot lines or lot dimensions.
Other modifications to an approved subdivision must be reviewed in accordance with
the process for a new subdivision application.
17.04.240 Final Plat - Recording Required
A. Upon Council approval of a final plat, the City Council and the City Engineer shall
execute the written approval on the face of the plat, and the original of the final plat
shall be recorded by the City.
A certificate giving a full and correct description of the lands divided as they appear
on the plat and all other requirements of RCW 58.17.165 as appropriate must be
recorded with the final plat.
C,
Approval of the final plat for recording shall be deemed to constitute acceptance of
any dedication shown on the plat. Approval of the final plat shall be null and void if
the plat is not recorded with the Kitsap County Auditor's Office within ninety days
after the date of the approval.
17.04.250 Final Plat - Assurance Device
The city may require assurance devices approved by the City to assure compliance with the
conditions of the approved Final Plat. All required improvements must be completed within
one year from the date of final Plat approval unless work is continuous beyond that point or
unless modified by the conditions of approval. A maintenance assurance device for at least
one year after City acceptance of all required improvements shall be provided. A longer
period may be established by the conditions of final approval or by the City Engineer for
improvements of facilities which may not reasonably demonstrate their durability or
compliance within a one year period.
17.04.260 Special Requirements for Sensitive Areas
A. Any portion of a subdivision which contains an environmentally sensitive area as
defined in Ordinance #92-07 the Environmentally Sensitive Areas Ordinance (ESA)
must conform to all requirements of that ordinance.
BAINBRIDGE ISLAND SUBDIVISIONS-ORD. #92-4~'
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February 20, 1992
When appropriate, in accordance with RCW 36.70A.060 the final plat must contain a
notice that the subject property is on or within 300 feet of lands designated
agricultural lands, forest lands or mineral resource lands.
17.04.270 Alteration of subdivision-Procedure.
Proposals for alteration of a subdivision shall follow the provisions of RCW 58.17.215.
Alterations of a subdivision are also subject to the provisions of RCW64.04.175.
17.04.280 Development of Illegally Divided Land
No building permit or development permit of any sort shall be issued for lots created in
violation of this Ordinance; provided, an innocent purchaser for value may obtain permits
needed for development upon application to the Council wherein such purchaser shows the
following:
1.
2.
,
The lot was purchased at a market value not reflecting the illegal division;
The purchaser exercised reasonable diligence but did not know of the illegal
division;
The public interest will not suffer.
17.04.290 Penalty
Any person, firm or corporation violating any provision of the Ordinance or amendment
thereto shall be guilty of a misdemeanor and each such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day or portion thereof during which
any violation of this Ordinance is committed, continued or permitted. Upon conviction of any
violation of this Ordinance such person, firm or corporation shall be punished by a fine of
not more than five hundred dollars ($500.00) or by imprisonment for more than six (6)
months or by both such fine and imprisonment.
17.04.300 Enforcement
Any divisions of land contrary to the provisions of this Ordinance or amendments thereto,
shall be declared to be unlawful and a public nuisance. Compliance with this Ordinance or
amendments thereto may be enforced by mandatory injunction brought by the owner or
owners of land in proximity to the land with the proscribed condition. The Prosecuting
Attorney may immediately commence action or actions, or proceedings for abatement,
removal and enjoinment thereof, in a manner provided by law, and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove the illegal division.
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BAINBRIDGE ISLAND SUBDIVISIONS ORD. #92-0g'
February 20, 1992
17.04.310 Construction
This Ordinance shall be liberally interpreted and construed to secure the public health, safety,
morals, welfare and the rule of strict construction shall have no application.
17.04.320 Severability
If any section, subsection, sentence, clause or phrase of the Ordinance or amendment thereto,
or its application to any person or circumstances, is held invalid, the remainder of this
ordinance or application to other persons or circumstances shall not be affected.
17.04.330 Injunctive Action
The City of Bainbridge Island, through its authorized agents to the extent provided by State
law, may commence an action to restrain and enjoin violations of this chapter, or of any term
or condition of plat approval prescribed by the City, and may compel compliance with the
provisions of this Chapter, or with such terms or conditions, as provided by RCVq 58.17.200
and 58.17.320. The costs of such action, including reasonable attorney fees, may be taxed
against the violator.
BAINBRIDGE ISLAND SUBDIVISIONS ORD. #924~g'
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February 20, 1992