ORD 96-06 A & B FLEXIBLE LOT DESIGN 6
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ORDINANCE NUMBER 96-06A
AN ORI)INANCI~ OF TI lIE CITY OF BAINI~RII)GF, ISIsAND,
WASHINGTON, RELATING TO FLEXIBLE LOT DESIGN AND
ADDING NEW SECTIONS 18.21.080, 18.24.080, 18.27.080, 18.30.080,
18.33.080, 18.36.080 AND REPEALING AND REPLACING CHAPTER
18. 120 OF THE CITY OF BAINBRIDGE ISLAND MUNICIPAL CODE.
WEEAS, the City of Bainbridge Island adopted the September 1, 1994, Comprehensive Plan;
WHEREAS, the Comprehensive Plan included a vision statement which stated that the City
should preserve the character of the Island which is rooted in its open spaces, winding
roads, and small scale agricultural establishments; and
_,l'-"" "':
WHEREAS, the vision statement also stated that development should not be haphazardly
imposed upon the landscape, but should be sensitive to its natural environs, recognizing
tile natural carrying capacity of the island; and
WHEREAS, the goals of the Comprehensive Plan support the preservation of open space and
environmentally sensitive areas, and the protection of water resources~ and
WHEREAS, specific policies contained within tile Comprehensive Plan mandate that the City
develop a Flexible Lot Design Subdivision and Short Subdivision Process that integrates a
cluster zoning requirement in the subdivision process and ensures that the approval
process is timely and efficient; and
WHEREAS, additional policies specifically address that the Flexible Lot Design Processes locate
areas of site disturbance in such a manner as to minimize adverse environmental and
aesthetic impacts, and maximize preservation of open spacesL and
WHEREAS, the Planning Commission held public workshops and a public t~earing to discuss and
review the proposed process, and
WHEREAS, the amendment of portions of the Zoning Code is needed to in~plement the Flexible
Lot Design Subdivision, Short Subdivision, Large Lot and PUD Processes, now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
CITY COUNCIL AGENDA BILL
SUBJECT Ordinances Establishing Flexible Lot DATE o7/18/96
Design Process
AGENDA ITEM Ordinances 96-06A and 96-06B BILL NO.
EXPENDITURE REQ. $ -o- AMOUNT IN CURRENT BUDGET $-0__-
ATTACHMENTS: -Ordinances 96-06A and 96-06B
(Please note: Dueto size these will be sent under Separate cover:)
THE FOLLOWING DOCUMENTS ARE RELEVANT:
Strategic Plan
Comp. Plan X Personnel Manual
Zoning Ordinance X RCW
Contract/Bid Documents
Shoreline Plan BIMC
X Environmental Policy
Other
.gl IMM/~RY gTATFMFI~!T
Specific policies contained within the Comprehensive Plan mandate
that the City develop a Flexible Lot Design Subdivision and Short
Subdivision Process that integrates cluster zoning and ensures that
the approval process is timely and efficient. At the request of
the City Attorney, changes to the BIMC to establish the Flexible
Lot Design. Process have been separated into two ordinances:
1) Ordinance 96-06A, containing changes to Title 18,
and 2) Ordinance 96-06B, containing changes to Title 17. Ordinance
96-06A adds new sections 18.21.080, 18.24.080, 18.27.080,
18.30.080, 18.33.080, 18.36.080 and repeals and replaces Chapter
18.120 of the City of Bainbridge Island Municipal Code. Ordinance
96-06B repeals and replaces Chapters 17.04, 17.12 and 17.16 and
Appendix A of the City of Bainbridge Island Municipal Code.
RECOMMENDATION
Third reading. Adopt the
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Sgctign 1, Ancw section, [3.2_ l_.~03~01~le_ xi,bJe [~Q~t Dg_s.ign Standar!t3= is added ~o the ltlMC as
tbllows~
iX21.080 Flexible I~ot l)esigj~ Standards.
T. t2e__~oll_o_~_n.g.kullLagd_di m en.a~nit! ..sI.a.n_.da.c~ s_ · al.l_.tkol_a 12 pl.v2_o~ ~os. dQtx.xv. h ic h .t3 a,v.c._b_ e~e n
.¢stab!i shgd .pur. cs_k~arikko~thg. Lcq~Le. nje_nJs_Qf= kh.e._E!_exAhLe_Lol_cLe. iigrkpD_c~s~hy_ S ho;t_S.ttkdLvi_siom
Sukd i .visg.: L acg ~_ko_t~S.uMi~.~ siom. o.r. ~ s_a, P! an _ned ._U_ukZexe! o p merit:
&=M~mumDi~ar. ea
B~Yard.B..e_thacg~
C ~Mi ai m~umj_oLdime.nsio u s
Section 2. A new section, 18.24.080 Flexible Lot Design Standards, is added to the BIMC as
follows:
18.24.080 Flexible l,ot Design Standards.
ThefqlD~ing_b.ulk=~an_d~dim_ensj~nal .s_ta~da.r_ds~sha!!=noLapp!y~!o_~osd~t.s_ ,,vhic!~j~a~_e~bg_e~n
_esLa_b!_isb~ ~u_rSu~aUl:~O_thc_._c~_ukements: o.f,Ihe Elexibb~Lotdesign~process by Shog:_Stkbdj~ision.
S3.tlzd i,x~io__n_~Large~Lc~LSbdi_G~_on. 9r.,as._a Plaa,ned;U_~3i!_ D_evelopmem:
A__.~iMini~m_=um l~O_La_r_ea
B._YagLSetb__ackks_
Minimum,lot ,dimensions
Section 3_. A new section, 18.27.080 Flexible L~ot Design Standards, is added to the BIMC as
follows:
18.27.080 Flexible [,ot Design Standards.
Zb~3_ulka_ndxlkm_ensigBa!.slandards.sh~l!_noLapp!y!o_those_ l~ots.3vj,~ich__M~v~e_e_n
established pursuaatAo~the~,r~clukements oE.the, F!exibl~ Lot design pgocess b5 Sh_ort3uhdiyision.
S~bdivisi~a. Large,Lot SubdMsion, or as a Planned Unit, Development~
A~M~inimum_ko~ area
B. Yard Setbacks
C. Minimum lot dimensiot~s
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Section 4. A new section, 18.30.085 Flexible Lot Design Standardors is added to the I?,IN4C as
tbllows:
~[¢LLot DesignfStandanl~
2Eh.c_IZoll. o~it~.g~u!k_artd_dimensi~.nal. stat~da~_ds ~al!m~Lap~ly_~hQs.~ts_~Ifich
SuM kvi sh m~a ~L~~ ~oa,_~ ~ YJ nnac d~U~tZD~ !~e~
AL Minimum Jgt~tLe. a
LY..ar~d_~S_¢tb~xJ.ks
{2:.Mi;.njGuml~t_djmcnsi~on~s
Section 5. A new section, 18.33.085 Flexible Lot Design Standards, is added to the BIMC as
follows:
18.33.085 Flexible l,ot Design Standards.
~LIp~i_,n_gt2ulk~u.~txlim~na.l staadar~ts_s_ha!!_ncoL~app_lyXo=kbo_s_e_ !c~ts_w_t~cJLh,a~e_b~e_~n
Section 6. A new section, 18,36.085 Flexible Lot Design Standards, is added to the BIMC as
follows:
18.36.085 Flexible ! ,or Design Standards.
Y_h_e.f~_l~Ang_b3a~!A< _an_d_di_n_,~3i,ona! standardsshall n_~: apgly_to~tho~lots;whi_ch~'e_b_een
~tabh'sh~ptrkcs~a~t_to_!hecxe_~uir. emcn_ts_of ~h_¢ Fl_¢xjb!c LoLdeMga_pr_o~cess2:~,_Sh_o~_j_ubxtMsi:on~
S31b~ix~jicn_..L_a_r_geLQLS!A~bdjyjs_i.on. ,on as a. PJaaned Unit :D_e_ve. lopm_em_:
A~ .~Mb!i_n_mnk!ol .axe. a
t3_~Y~r_rd~etbacks
C~ Mini!!!u~JLlot.di!uensions
I)I~,<\F'I* Ordin;~ncc
I31MC P, cvisions
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) 3
Section 7. Chapter 18. 120 of the Bainbridge Island Municipal Codc is repealed and replaced as
18.12(I.010
18.120.020
Purl>ose.
A. The purpose of a planned unit development is to encourage the develop~nent of
land as a single unit. A PUD should provide for creative, flexible and quality
design. The PUD should be used in order to preserve critical and resources
areas; trees and other natural features of a site; provide for active, usable open
space; employ creative and superior site design; and minimize impacts on
existing infrastructure.
This chapter'pron~otes.:the pub}it health,. safety and~ general:_Welfare of the-
citizens of the City in accordance with state law and the City's comprehensive
plan b establishing a flexible lot process, which will facilitate the fair and
predictable development of land, maintain the current character of the City, and
provide for greater flexibility in the development of residential lots. A further
purpose of this chapter is to prevent the overcrowding of land; to lessen
congestion in the streets and highways; to provide for adequate light and air; to
facilitate adequate provision for water, sewage, storm water drainage, parks
and recreation areas, sites for schools and school grounds and other public
requirements; to provide for proper ingress and egress: to provide a variety of
housing opportunities and commercial uses; and to maintain the quality of life
of the City.
PUD - Process Overview
A. All residential PUDs shall be designed consistent with the Flexible Lot Design
Process and the Flexible Lot Standards described herein The PUD process as
established by this ordinance and the flexible lot design process for residential
PUDs as incorporated herein provides opportunities for the identification and
preservation of areas of aesthetic, environmental, and or cultural significance
located within the community and helps to maintain visual qualities and the
character of the island. The flexible lot design methodology described herein
allows for greater flexibility in the location and establishment of residential lots
and associated infi-astructure and is intended to pro\'ide a t'air and predictable
process for the devclopmet~t of land,
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BIM(' Revisions
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t3. For the purposes of this chapter, PUI)s proposed to exclusively accommodate
commercial and industrial uses shall bc exempt t'rom the rcquiren~cnts of the
tlcxible lot design process, provided that they arc established in strict
compliance with all applicable provisions of this code. The I'UD process for
commercial and industrial PUDs shall be consistent with the procedures and
standards established by this ordinance and follows the steps described in
Subsection C of this Section.
C. All PUD applications shall follow the following steps:
1. Proposed site plan(s) and additional information for the project, as required
~;F2y_.,BIMC and Appendix A of this chapter are submitted for a
preilpplication consultation with the city staff members. Specific guidance
on how to refine the proposed site plan to meet the requirements of the
BIMC is received by the applicant from the staff members at this
conference.
2. A refined proposed site plan consistent with the submittal requirements of
this ordinance and additional materials as required by the director are
submitted for the PUD application review process.
3. An application for PUD is considered complete and is filed by the City if it
satisfies the subn~inal requirements set forth in Section 18. 120. 100.
4. A staff report is prepared and delivered for review by the planning
commission.
5. The planning comn~ission makes recommendations to the hearing examiner.
6. The hearing examiner conducts a public hearing and files findings of fact,
conclusions of law, and recommendations with the City clerk's office.
7. The City Council, at its next available meeting, reviews the application and
affirms, modifies or denies the application or remands the 2;~?lication to the
hearing examiner i~3r further review.
8. Any person aggrieved by the decision of the council ma\' file an appeal to
the Kitsap Superior Court in accordance with state law
D. A PUD application shall be reviewed under the laws in el~ct .v~ ~he time the
application is apt~roved or disapproved
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18.120.030
18.120.040
!)efinitions
The definitions in chapter 17 04 shall apply to this chapter
PUI) - Flexible Lot Assistance
A. The PUD process shall provide opportunities for owners of land and their
representatives to receive design assistance from the city's staff members prior to
formal submittal of an application.
B. Flexible Lot Design Handbook: A Flexible Lot Design Handbook shall be
prepared by the director to assist applicants in the preparation of flexible PUD
designs and applications for residential PUDs. The Flexible Lot Design
Handbook shall not be part ofth~s ordinance and shall contain no rectuir&~/i~'~ts
separate from the text of this chapter. The applicant for a residential PUD is
encouraged to prepare a proposed or "first draft" site plan following the steps
described in the Flexible Lot Design Handbook.
Preapplication Consultation: A preapplication consultation shall be required prior
to PUD review for all PUDs. In order to facilitate the preapplication
consultation for residential PUDs, a prospective applicant shall arrange for the
proposal to be reviewed by submitting copies of at least one proposed or "first
dra~" site plan prepared in accordance with Flexible Lot Design methodology to
the department prior to submission of an official PUD application. There shall be
a fee for preapplication consultation which includes design and administrative
assistance. The amount of the fee shall be established by City resolution. This
fee will be credited to the applicant upon submission ofa PUD application.
Preapplication consultation shall not include extensive field inspection or
correspondence.
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18. ! 20.050
PUI)- Flexible !,or Design Process -
ih'eimration of Maps, Site i'lans and Studies
The following maps, site plans and studies shall be prepared for proposed residential
PUDs and shall be submitted to the City at the time of the preapplication
consultation:
A. Base Map: Prepared consistent with Appendix A of this Chapter.
B. Aerial Photograph: Consistent with Appendix A of this Chapter.
· .C.~:.Site:-InyentoryMap:~:-.Pfepared consistent with Appendix A of this Chapter.
D. Proposed Site Plan: Elements of the plan consistent with the following
requirements:
1. Identification of Open Space Location(s): Open space areas shall be
established as required pursuant to Section 18. 120.060. The location of
open space areas on a proposed site plan shall meet the open space
performance standards contained within Section 18. 120.060 (B), open space
size requirements within Section 18. 120.060(B) and the prioritization of
open space features contained within Section 18.120.060 (D).
2. Identification of Residential Homesite Locations: The location of residential
homesites on a proposed site plan shall be facilitated through the use of a
homesite ternplate as a planning tool. This design methodology contributes
to the timely development of alternative site configurations: reduces the
potential for adverse environmental impacts; enhances opportunities for
integrating meaningful open space into a project; and contributes to efficient
infrastructure design. Homesite templates do not mandate lot configuration,
but allow the applicant during the design phase to insure that an adequate
area has been designated to permit residential development
a. Minimum Homesite Ternplate - Area: To assist in preliminary planning
of a residential PUD, the minimum dimension for a homesite template
contained in Table I shall be used. These dimensions represent a typical
minimum area required to establish a residence and:or ~ssociated
outbuildings exclusive of provisions fi3r access. utilities. wastewater
disposal, and stormwater n~anagcment. No n~a×il~mm dimension has been
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established tbr homesite ternplate size as applicable land use density
regulations in conjunction with the open space requirements contained
within this Section will provide site-specitic limitations tbr development
coverage on a case by case basis. The homesite ternplate does not include
other uses of the resulting lot such as, but not limited to, gardens,
pastures, orchards, etc.
Table i
Ho~nesite Ternplate
Minin'~um Diameter
Homesite Ternplate
Minimum Area
50 feet 1,962 square feet
NOTE I: THE ABOVE-REFERENCED MINIMUM DOES NOT INCLUDE
AREA FOR SEPTIC SYSTEMS.
NOTE II: HOMESITE TEMPLATE IS A PLANNING TOOL AND ITS
MINIMUM DIMENSIONS ARE NOT CONDITIONS OF APPROVAL
b. Homesite Ternplates - Location: homesite ternplates shall be located in
such a manner as to avoid placement of any portion of a template within
those areas identified and graphically portrayed as "no-build" zones or
areas in which development may not occur, such as but not limited to
Critical Areas and their associated buffers, wellhead protection areas,
dedicated open space. Portions of a template may include areas
containing "restricted building zones" or areas in which development may
occur with restrictions, such as but not limited to those containing
significant trees and established vegetation. Homesite ternplates shall not
be located within any proposed individual or community wellhead
protection area, drainfield, and/or reserve drainfield unless specifically
approvcd by the l tealth District.
c. Homesite Ternplates - Maximum Number: 'I't~e number ofhomesite
ternplates permitted for a subject property shall not exceed the maximum
density provisions of' the City's Comprehensive Plan or the City's Zoning
Code. Furlhermore, [br those properties for which the applicant is
seeking to include the area of a ,,vetland in the densit',' calculation, the
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requirements of Section 16.20.090 BIMC shall be satislidd. The
applicant shall enter into a third party contract with lhe consullant and
the City to retain a wetland biologist to address the requirements of
Section 16.20.090 BIMC.
d. Homesite Templates - Changed Conditions: The PUD process requires
that all development shall legally conform to bulk and di~nensional
requirements of the code at the time of approval. Should conditions
change, the location of a homesite ternplate on a plat does not guarantee
that the resulting homesite or lot will permit developlnent, and does not
waive, modify, or negate other applicable land use processes and/or
building permit ;i:;~quirements.
Reasonable Economic Use Exception: In the case where no homesite
template can be located on a subject property, the PUD shall not be
permitted. Development of the subject property shall be facilitated
consistent with the requirements of Section 1620090(J) Reasonable
Economic Use Exception·
Location oflndividual or Community Water Supply Svstems: The location
of any proposed individual or comrnunity well(s) and/'or water system(s) for
the subject property, and associated wellhead protection areas as required by
the Health District shall be graphically indicated on a cop>, of the base map,
or as an overlay attachment to the base map (providing that the overlay is
prepared on a transparent material). M'aintenance access to the proposed
wellhead or water system and all areas to be cleared For a wellhead shall also
be identified.
Location of Individual or Community Septic Systems. The location of any
proposed individual or community drainfields for the subject property and
associated reserve drainfields as required by the Health District shall be
graphically indicated on a copy of the base map, or as an overlay attachment
to the base map (providing that the overlay is prepared on a transparent
material). Maintenance access to proposcd drainfields shall also bc
identified
I~rovisiol~ o[' Roads and .Access: Roads and access cc~z~sis~ent with the
requircn~cnts of the City of Bainbridgc ISland Public \Vorks Design and
l~roccdL~rcs Manual, .,\l~pel~dix A of Title 17 and tt~c rcclLlirements of this
Dt(AF'I' Ordinance
I~;I,Xl(' Revisions
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18.120.060
code shall be provided to all l~roposed lots consistent with the standards
contained within this Subsection Roads and access proposed consistent with
the requiren~ents of this Subsection shall be graphically indicated on a copy
of tile base map, or as an overlay altachment to the base map (providing that
the overlay is prepared on a transparent material).
The preparation of alternative configurations for all the above elements of the
proposed site plan for the subject property shall be encouraged~ Alternative
configurations shall be graphically indicated on a cop), ofttie base map, or as an
overlay attachment to the base map (providing that the overlay is prepared on a
transparent material).
~,-~ -' ~2~: ~"2:'~
E. Composite Site Plin: A composite site plan shall be prepared. Composite site
plans are comprised of the assembly or printing of multiple overlay layers on the
base map. The purpose of preparing a composite site plan is to help the
applicant and the City determine which portions of a subject property are best
suited to accommodate homesites, infrastructure, arid open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements of
this Section for homesite placement, community water or septic location (if
applicable), open space provisions, and road and accessway location.
2. The composite site plan shall be graphically indicated on a copy of the base
map, or as an overlay attachment to the base map (pro\'iding that the overlay
is prepared on a transparent material).
F. Establishment of Lot Lines: Preliminary lot lines sh~ll be established on the
composite site plan to illustrate potential division of the subject property.
Homesite ternplate shall be clearly indicated within each lot. Lot lines shall not
cross any homesite template. Preliminary lot lines are intended t]3r review and
discussion at the preapplication consultation. Subsequer~t to t}~e preapplication
consultation, all proposed revisions shall be made prior to a~plication submittal
for PUD.
Flexible Lot- Standards
A Development Standards
A PUt) established Imrst~ant to the flexible lot design ?re, tess sinall be subject to
the following ctevelopmel~t standards:
l)l~,.,\ FT Ordi na ncc
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Notes: i.
Minimum lot size requirements:
ii.
5,000 square lbct if septic
located outside of the lot
(subject to Notc i tielow).
12,500 square tbet or as
specified by the Health
District if septic located
within the lot (subject to
Note i and ii below).
Larger mi_ni. mum size may be::~equired to
accommodate development in critical areas.
Larger minimum lot size may be required by the
Health District in order to accommodate on-site septic
systems.
Lot setback and dimensional requirements.
Building to Building (on-site):
Minimum 10 feet separation
Building to Exterior Property Line: Minimum 15 feet
Minimum 25 feet (R 0.4 only)
Building to Right of way:
Arterial (SR 305)
Not less thar~ 75/2eet setback
Arterial (other)
Not less than 40 feet setback
Collector
Not less than 3 5 feet setback
All others
Minimun~ 15 :'eel setback
I)tC&FT Ordinance
BIM(? P, cvisiot~s
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Building to Trail, Open Space
Minimum Lot Width
Minimum 10 li_'ct setback
50 feet measured at the
minimum lot width
measurement line (for
properties subject to review
pursuant to the Shoreline
Management Master Plan, the
mininmn~ lot width shall be
50 feet measured as required
by the Shoreline Management
Master Program)
Maximum Lot Coverage The maximum lot coverage for
the eraire lot sub. ject to the
PUD application, as specified in
chapter 18
All building sites shall require stormwater management
provisions.
B. Open space shall be established consistent with the folloxvin,g performance
standards:
1. Open space shall be established to preserve the natural character of the City.
2. Where practical, open space shall be concentrated in large usable areas.
Where possible, open space shall connect to adjacent off site open space
areas and designated greenways.
4. Where possible, open space shall be designed to preser',e vie\vs from off-site
of the s¢~ject property, mattn-e vegetation on rid~e'~ines
DRAFT Ordin;mcc
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Where possible, the island character of the roadways shall bc maintained
through the reduction of roadway width and the nfininfization of disturbance
of roadside vegetation
6. All areas identified for protection by chapter 16.20 B1MC shall be located
within designated open space.
The PUD shall include a buffer of existing vegetation along a property line
where the land adjacent to the property line is a park or a future park in a
municipal plan. The purpose of this buffer is to visually screen views of the
PUD land from the park area. The buffer shall be designed to provide visual
screening at all times of the year. --2:'~5.~;'~'~ "7:~'-
8. A vegetative buffer shall be established adjacent to all scenic roads.
Open Space Requirements: Table il contains the minimun~ requirements for
open space areas which shall be included in all PUDs.
Table I1
Zoning District: Required percentage of
open space:
R - 0.4 80%
R ~ I 60%
R - 2; R - 2.9: R - 3.5~ 40%
R-4.3.
Prioritization of Open Space Features: Table Ill ranks the relative desirability
of different types of open space, and should be used as the basis for determining
the optimum location for open space areas within a proposed project.
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P:'iority
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()l}en Space Feature
Table !11
N ores
Critical Areas (as defined in
Chapter 16.20 of this Code)
Existing Roadway Bu~i~r
Areas
Pastures and Farmland
Significant Trees
Mature Vegetation on
Ridgelines
Trails and Greenways
Native Forests and Clearings
All Critical Areas and their
associated buffers shall be
preserved.
Roadway buffer areas
comprised of established mature
native vegetation.
Pastures and fhrmland
currently or traditionally
used in agriculture should
be preserved.
Significant trees identified
consistent with the standards
of the Landscaping Ordinance
should be preserved
Mature vegetation found on
ridgelines of community
significance (as viewed
from off-site) should be
preserved.
Trails and greenways should
be preserved.
Where possible. native
forests and naturally occurring
clearings should be preserved
Calculation of Opcn Space Area: For the purposes of this ordinance, the
calculation of open space area shall include all common public or privately held
open space areas, all provisions tZ~r the right-of-way for public roads and the
easement width ti,-private roads, storm\~ater f~cilities. recre2!ional areas, trail
and greenways, and mcas protected consistent \vith Chaptel i c~ 20 BIMC.
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1 lomesites shall not be included in determining opel~ space area Open space
areas located on private lots and subject to open space ci).scillen|s and restrictions
shall be included in the calculation of open space at-ca
Open Space Ownership: Ownership of regulated open space shall be established
consistent with one of the following forms of ownership:
I. Private Ownership: Open space shall be established by easements, restrictive
covenants, or other similar legal means; or
2. Common Ownership: Open space shall be held in common by a home or
property owners association or other similar organization. For the purposes
of this ordinance, ownership of open space by a land trust, or_. 2t_h_.~r similar'-
conservancy organization shall be considered common ownership. Should
this ownership pattern be selected, appropriate covenant, conditions, and/or
restriction shall be required; or
3. Public Ownership: In certain circumstances the City may choose to accept
ownership of open space. Upon approval and acceptance by the City, open
space shall be dedicated to the public.
Open Space Management Plan: An Open Space Management Plan (OSMP)
shall be prepared by the applicant for review and approval by tile City at the
time of the application for plat approval. The OSN<IP shall include provisions
for the periodic inspection of the subject open space by the City. The OSMP
shall include the following:
1. A list of all approved uses for the open space areas. \Vhere a variety of
uses are permitted, the specific location of each use sl~all be depicted
graphically.
2. A management plan ;,,,hich clearly describes the frequet~,cy and scope of
maintenance activ t es
3. An identification of the management entity responsible for the maintenance
of the open space areas.
Maintenance of Open Space Areas: Open space areas shall be maintained
permanently by the property owner or the property owners 2ssociation, or tile
City for properties owned by the City. In the event that ot~e:~ stance is not
maintaincot ccmsistciH with the OSMP, the City s}~all )~a\'e t}:e right to provide the
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maintenance thereof, and bill the owner accordingly. Such bill shall become
delinquent 20 days after the date of mailing, and the interest shall accrue on and
after the date of delinquency at 12% or the rate authorized by statute, whichever
is lower.
Landscape Standards: Landscaping shall be established consistent with the
requirements of the Chapter 18.85 BIMC.
Roads and Access Performance Standards:
1. Roads and access shall be consistent with the following perthfinance
standards:
a. Connections to existing off-site roads which abut th6~ffbject property
shall be required where practicable, except through critical areas and/or
their buffers.
b. Pedestrian access onto the site shall be maximized in all proposed
projects. This may be accomn~odated through the provision of on-site
walkways, trails, paths or sidewalks which originate at the property
boundary..
c. Internal pedestrian circulation shall be facilitated through appropriately
scaled walkways, paths, trails or sidewalks. Special emphasis shall be
placed on providing pedestrian access to proposed recreational and/or
open space areas.
d. All roadways (and building sites) shall require stormwater management
provisions.
e. Where practical, existing roadway character shall be maintained This
may be accomplished through the reduction of roadway width (provided
it is consistent with the code), the n~inimization of curb cuts, and the
preservation of roadside vegetation.
f. "City of Bainbridge Island Engineering, Design, and Development
Standards Manual" and Appendix A of Title 17.
2 Variation ti*om Road Requirements: A variation From the road requirements
and standards contained within the "City of Bainbridge Isl:md Engineering,
Design, and l)evelopment Standards Manual" and Appendi× .,\ of Title 17,
and pl, rl) standards contained xvithin applicable c}~at~cr's ~I' the code shall be
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permitted if such a reduction meets the purposes of this chaplet, and is
approved by the City or the dirccto,-. after recommendation by the city
engineer and the t:i,-c N'li~rshall
18.120.070 Permitled Uses
The permitted uses shall be any permitted or conditional use in the underlying
zone. In planned unit developments that include areas that encompass more than
one zone, the uses permitted shall be allowed in the same propo,~ion as the area in
each zone.
Permitted Densily
...... ~% The number of dwelling units permitted i~i a planned unit development shall not
exceed the allowed density of the underlying zone.
B. In all commercial or mixed use zones P~s may include residential uses not to
exceed the number of dwelling units permitted in the underlying zone.
18.120.090 PUD - Development Standards
A. The n~aximum lot coverage for residential projects shall not exceed the
maximum lot coverage in the underlying zone. For cor~qmerci~i projects, the
lot coverage may be increased by five percent of the lot ~rea over the
underlying zone.
B. For an application for commercial development, there shall be no minimum
setbacks internal to a PUD. Setbacks along the PUD prope~y line shall be no
less than the n~ininmm yards required in the underlying zone For residential
development, the setback requirements are set out in Sectiot~ 1S. 120.060.A2.
f8.12~__ Submittal Requirements
A A pi~ffned-unj&.development application and fee shall be filed ~ i:h the
department by the owner of land for which the permit is sou~::. or the
__. B: Submittal requirements are contained in Appendix A of this C73.~pter.
18.120.080
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18.120.110
D. The director or designee may waive specific submittal requirements determined
to be unnecessary for review of an application.
Decision Criteria
A. An application for a PUD permit may be approved or approvcd with
modifications if:
1. The PUD clearly demonstrates superior site design by incorporating as many
of the following as feasible:
a. Provisions for public facilities and/or amenities:
b. Energy efficient site design;
c. Provision of affordable housing;
d. Other innovative site design exceeding code requiremet~ts;
e. Preservation of natural features;
Placement of structures, circulation systems and utilities that minimize
the alteration of the land;
g. Provisions for a variety of building types and scale, and design to
reduce the bulk of structures;
h. Site design that reduces dependency on automobiles by providing for
pedestrian, bicycle and transit uses~
i. Site design that minimizes in~pe~'ious suri~aces. and
j. Planting and buffers that exceed required minimums;
2. The PUD provides for the protection of critical and resource areas;
3 The PUD is compatible in size, scale, mass and design with uses on adjacent
properties;
4 For all PUDs containing dwelling units, at least 15 percent of the gross land
area must be set aside as active open space and designed as an integrated
part of the project rather than an isolated clement. and
~, The PUD is compatible wilb the physica characteristics or' the subject
property~
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6. F(oads, streets, and access drives within and adjacent to the P[II) meet all
the requirements of the development standards, Appendix A of Title 17,
except as provided for in Section 18 120.060.J.2;
7. Adequate public services are available including water; sewer/septic; roads,
including access roads, fire and storm drainage. Approval of the PUD
should not adversely impact existing public service levels for surrounding
properties;
8. The PUD is consistent with the goals and policies of the comprehensive
plan;
9. Tt~e PUD comp.tie_s with all other codes and policies of the City;
10. All significant trees within required buffer areas and outside building
footprints are retained whenever feasible;
1 I. A perimeter buffer appropriate to the project may be required~
12. Ira PUD will be phased, each phase of a proposed PUD must contain
adequate infrastructure, open space, recreational facilities. landscaping and
all other conditions of the PUD to stand alone if no other subsequent
phases are developed.
B. If no reasonable conditions or modifications can be imposed to insure the
application meets the criteria set forth above, then the application shall be
denied.
Time Limits
The PUD automatically expires and is void if the applicant fails to file for a
building permit or other necessary development permits within five \'ears of the
effective date of the PUD unless:
A. The applicant has received an extension for the PUD permit pursuant to
Section 18 120.140; or
B. The PUD approval provides for a longer time period.
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18.120.140
18.120.150
Adjustments (o a PIID Permit
A. Minor adjustments to an approvcd PUI) l}ermit may be made by the director.
Minor adjustments are those that entail minor changes in dimensions or siting
of structures and location of public amenities, but do not entail changes to the
intensity or character of the development,
g. Adjustments other than minor adjustments to an approved PUD require an
amended pertnit and shall be processed in the same manner as a new PUD
permit application.
Extension
~lyhe director may extend a PUD permit once for a period not to exceed one year iE
A. The extension request is received no later than 30 thirty) days prior to the
expiration of the permit;
B, Unforeseen circumstances or conditions necessitate the extension of the
permit;
C. Termination of the permit would result in unreasonable [~ardsi~ip to the
applicant;
D. The applicant is not responsible for the delay; and
E. An extension of the permit will not cause substantial detriment to existing uses
in the immediate vicinity of the subject property.
Revocation of Permit
A PUD permit may be revoked by final decision of the hearing examiner in
accordance with Section 2.16. 100 upon the finding of any one or more of the
following:
A. That the approval was obtained by deception, fraud or other intentional or
misleading representation; or
B. That the development of the subject property has not been consistent with the
PUD permit,
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18.12(I.160
Merger with St, bdivision
The applicant may request that the City i>z'occss a prclimilraf)' plat in c<m. iunction
with a PUD. Platting is required lbr all projects which intend to subdivide land ti>r
the sale of individual lots.
A. Procedure. TIle City may review and decide on a subdivision or short
subdivision at the same hearing as tile PUD to tile extent allowed by the City
and state subdivision regulations.
B. Requirements:
1. The preliminary plat must comply with the standards and criteria of
Chapters 17.04; 17.12' and 17.16 sd~5'divisions as appropriate; and
conform to the conditions of the approved PUD.
2. There is no minimum lot size for commercial PUDs. The minirobin lot
size for residential PUDS is established by Section 18.120.060.
I)I(AI:T Orclit~;ll~cc
/31MC P, cvisiol~q
5/96
18.120.170 l'lll) l'ermil l'roccss
Notice of Complete Applicatkm - 28
days fron~ receipt of application
Notice of Application - I ,I da\ pubhc
comment period required '
V
Optional mediation
available
(BIMC 2 19)
V
SEPA
Appd
__ { l'roject Review and SEPA Rcvicw
SEPA Official -
SEPA Determination*w/15
day public comment period ~
Public Hearing w/t{earing Examiner
on PUD and SEPA Appeal, if
applicable *
(""~ ' tteanng Examiner
l{ecommcndation
k,,,to ('it5, Council
Decisior~ on
Appeal
Optional Planning Commission
Review upon Director request
Optional Planning Commission
Review upon Flearing
Examiner request
, _ i
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ScGlipl~3. Appendix A, Submittal Requirements, is attached to tilts ordina',~ce and codtried at tile
end of this chapter
Section 9. Severability. If any clause, sentence, paragraph, section or part of this Ordinance, 'or
the application thereof to any person or circumstance shall be adjudged by any court of competent
jurisdiction to be invalid, such order or judgment shall be confined in its operation to the
controversy in which it was rendered and shall not affect or invalidate the renminder of any part
thereof to any other person or circumstances and to this end the provisions of each clause,
sentence, paragraph, section or pan of this law are hereby declared to be severable.
Section 10. This ordinance shall take e~i~ct and be in force five days from and after its passage,
approval, publication and posting as required by law.
PASSED by the City Council this day of ~, 1996.
APPROVED by the Mayor this
day of__ 1996.
ATTEST/AUTHENTICATE:
S'ue Kasper, City Clerk
APPROVED AS TO FORM:
Janet K. West, Mayor
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
Appendix A
· ' Con[tnts
. i. Norfit _aamw and
-, au~
e~ 15% ~R ~ ~);
~nways, ~ ~s l~t~ mt-~te, ~' in ct~ ~OM~ty to Lhe ~'d~dc<t 7r,~-y.
~ 9 The 1~6~ ff ~
~ k 1 City ~ ~u~dge
I I2, Existing l~d ~s
{ 13. A[I m d i~i~
015~ d Arch~l~ ~d ~st~c ~'afi~;
.]~y 5.
Prt,?
Si!z Plna
C SiI¢
Invetra3ry P&,tp~
[nfcalmtdou idcnti~cd
dtuSng lhe site
shah be gcaplaicall~
jmlic:~ed us six cyced.y
ptotx3f, ds du, dng the
cxn~sultaticst,
wilh LhC ~tt
I 'No-ixfild
a. All Crmcal Afe-~
· Bl'N{C) loo. ttcd un
[/Wcll k:a3 ~t~dm ar~ts on ~ ~fccd~
c&~, set~ks, or ~]cr ~ ~Mch li~l
2. "~d gding zoo"
{ O2 say a~xU }~:,~m~ta:'akx~ wlt~n t~-hkm~d
b. ~sid~hM Ho~sx{¢ ~i~(s)and ~ ~s
(~ ~sma{ ~'i~ ~e p~css ~n~- m S~.~c>{~ ] 8: 20.
c., [~6~ d h~)vid~] ~ Cc~n~i l)' Wa~er Supply ~ Scpd<: S y.~ms
(propel c~sis~nl wi~ ~e ~'esO ~tmncd m s~ l g 13~.(
~ ccusi~[c ~{ widt ~e p~'~ ~L~tmacd in ScsJti~ 18, !20.
{ 'ag,:: 2
S:te Han rtr~d ~]iaa~on far ae CiD'
( :onsi ;'te:nl ~;i lh lhe 9, e~] cm i :~ i2:', 0~} c,.xis, 4{datcd [rJ-Jmm fi,:.?r! :' t,~:, .',, -,., ;7
.';a:me as Ccanly, xdt¢ Site PDm t;~d me follox,,in,,S:
t 1.~. legal dt..~mption oi t~ ,m'o~.rty '.and tax acecarat nnmb~f:
2 '%. ccmptcte and derailed wri lle~i staCemcnt r. ff'x~le irj. LadoJ ~.
g~qucr.~.,c and dining of the ~cgc,$od
;¢. 't'h¢; telTrLi, c-andi~, coverm~ls. arxt ~a reg:eu-dir,.g hh, e
atK~ temts. coltditiofls. cx~ves?mts, and a~reemmts trader wkiak d:c 9to?L-r~} ~s bix:l~,5
4. ~n cn',}rOE'B~.P. ltl cb,~ck'Jj sl 9,'M13 re<paired by the SI&t¢ F,.-.,.,
cx,JLtied at Chaplet 16.rJ4;
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ORDINANCE NUMBER 96-06B
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, RELATING TO FLEXIBLE LOT DESIGN
AND REPEALING AND REPLACING CHAPTERS 17.04, 17.12
AND 17.16 AND APPENDIX A OF THE CITY OF
BAINBRIDGE ISLAND MUNICIPAL CODE.
WHEREAS, the City of Bainbridge Island adopted the September 1, 1994, Comprehensive Plan;
WHEREAS, the Comprehensive Plan includes a vision statement which stated that the City
should preserve the character of the Island which is rooted in its open spaces, winding
roads, and small scale agricultural establishments; and
WHEREAS, the vision statement also stated that development should not be haphazardly
imposed upon the landscape, but should be sensitive to its natural environs, recognizing
the natural carrying capacity of the island; and
WHEREAS, the goals of the Comprehensive Plan support the preservation of open space and
environmentally sensitive areas, and the protection of water resources; and
WHEREAS, specific policies contained within the Comprehensive Plan mandate that the City
develop a Flexible Lot Design Subdivision and Short Subdivision Process that integrates a
cluster zoning requirement in the subdivision process and ensures that the approval
process is timely and efficient; and
WHEREAS, additional policies require the Flexible Lot Design Processes to address the areas of
site disturbance in such a manner as to minimize adverse environmental and aesthetic
impacts, and maximize preservation of open spaces, and
WHEREAS, the Planning Commission held public workshops and a public hearing to discuss and
review the proposed process, and
WHEREAS, the repeal and replacement of Chapters 17.04, 17.12 and 17.16 is needed to
implement the Flexible Lot Design Subdivision, Short Subdivision, Large Lot and PUD
Processes, now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
DRAFT Ordinance ProVo~d New Text 7/8/96
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Section 1. Chapter 17.04 of the Bainbridge Island Municipal Code is repealed and replaced as
follows:
17.04.010
17.04.020
17.04.030
Compliance
All subdivisions, as defined in Section 17.04.060, shall comply with this chapter.
Purpose
The purpose of this chapter is to regulate the subdivision of land to promote the
public health, safety and general welfare of the citizens of the City in accordance
with state law and the City's comprehensive plan. To carry out this purpose for
the subdivision of land for residential uses, this chapter establishes a flexible lot
process, which will facilitate the fair and predictable division of land, maintain the
current character of the City, and provide for greater flexibility in the division and
establishment of residential lots. A further purpose of this chapter is to prevent the
overcrowding of land; to lessen congestion in the streets and highways; to provide
for adequate light and air; to facilitate adequate provision for water, sewage, storm
water drainage, parks and recreation areas, sites for schools and school grounds
and other public requirements; to provide for proper ingress and egress; to provide
a variety of housing opportunities; allow for the subdivision of land for commercial
and industrial use and to maintain the quality of life of the City. Through this
chapter, the City will accomplish uniform monumenting of land subdivision and
conveyancing by accurate legal description.
Exclusions
This chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Division of land into lots or tracts classified for industrial or commercial use
when the City has approved a binding site plan for the use of the land in
accordance with City ordinance;
D. A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers is permitted to be placed upon the !and when
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17.04.040
the City has approved a binding site plan for. the use of the land in accordance
with City ordinance;
E. A division made pursuant to chapter 17.20 of this code relating to boundary
line adjustments, 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;
F. Divisions of land into lots or tracts if: (1) the improvements constructed or to'
be constructed thereon will be included in one or more condominiums or are
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; (2) the City has approved a binding site plan for all such
!and; and (3) 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 !and shall be included in one or more condominiums or owned by an
association or other legal entity in which the owners of units herein or their
owners' 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"; and
G. A division caused by condemnation or by acquisition by a government entity in
lieu of condemnation.
Definitions
"Arterial" means an arterial as defined in the City of Bainbridge Island
Comprehensive Plan.
"Block" means a group of lots, tracts or parcels within well defined and
fixed boundaries.
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"Buffer" means space, either landscaped or natural (consisting of existing
natural vegetation), the purpose of which is to reduce the impact of undesirable
sights, sounds, and odors, and to protect wetland and stream values, functions or
property.
"Code" means the City Of Bainbridge Island Municipal Code.
"Collector" means a collector as defined in the City of Bainbridge Island
Comprehensive Plan.
"Composite site plan" means a site plan that contains elements of the base
map and elements of the proposed subdivision such as homesite templates,
community water or septic location (if applicable), open space provisions, and road
and accessway location.
"Comprehensive Plan" means the goals and policies contained within the
Comprehensive Plans adopted by the City, including all amendments.
"Conceptual Stormwater Plan" means a preliminary plan prepared by a
licensed civil city engineer consistent with the standards contained within the
chapter 15.20 BIMC. The Conceptual Stormwater Plan shall describe the
proposed methodology for stormwater management on the subject property, and
shall confirm that the proposed method is feasible for the site.
"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 numbers, 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 rights-of-way.
"Critical Areas" mean aquifer recharge areas, fish and wildlife habitats,
frequently flooded areas, geologically hazardous areas, wetlands and streams.
"Dedication" means the deliberate appropriation of land by an owner for
any general and public uses, reserving to the owner no other rights than such as are
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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 subdivision showing the dedication
thereon. Acceptance of the filing shall be by approval of the final subdivision by
the City council.
"Department" means the City's Department of Planning and Community
Development.
"Director" means the director of the City Department of planning and
Community Development. The director may delegate duties enumerated in this
chapter to Department of Planning and Community Development staff members.
"Division" means a portion of property within an approved preliminary
subdivision which is authorized to be recorded separately by the specific terms and
conditions of the preliminary and/or final subdivision approval.
"Easement" means a use granted by a property owner to specific persons or
to the public for use of land for a specific purpose.
"Environmentally Sensitive Areas" or .... ESAs ....mean Critical Areas and
their protective buffers as described by chapter 16.20 BIMC.
"Established vegetation" means mature trees and shrubs.
"Farms and farmland" - mean farms and farmland as defined in
Section 16.24.020 of this code.
"Flexible Lot Design" means a design process which permits flexibility in
lot development and encourages a more creative approach than traditional lot-by-
lot subdivision. The Flexible Lot Design process includes lot design standards,
guidance on the placement of buildings, use of open spaces and circulation which
best addresses site characteristics. This design process permits clustering of lots,
with a variety of lot sizes, to provide open space and protect the island's natural
systems. The criteria for the layout and design of lots, including a minimum
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percentage of open space and a minimum lot size for each zone are described in
this ordinance.
"Final subdivision" means the final drawing of the subdivision and
dedication prepared for filing for record with the County Auditor and containing
all elements and requirements set forth in RCW chapter 58.17 and this code.
"Footprint" as defined in the City of Bainbridge Island Zoning Code.
"Geologically Hazardous Areas" as defined in chapter 16.20 BIMC.
"Health District" means the Bremerton-Kitsap County Health District.
"Health officer" means the County health officer unless the City employs its
own health officer.
"Hearing examiner" means the official designated as the hearing examiner
for the City pursuant to chapter 2.38 of this code.
"Homesite" means the designated portion of a lot in which structures may
be established. Uses permitted within designated homesite areas include buildings
and associated landscaping, outbuildings, barns, and other similar types of
development. The appropriate location for a homesite shall be determined in
accordance with the Flexible Lot Design process. Final homesite configurations
shall meet all applicable bulk and dimensional standards.
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Illustration I: Homesite; Homesite Template
Word 6.0: or later to
"Homesite template" means a prescribed minimum area used for planning
purposes to determine the optimum location within a parcel for a homesite. A
homesite template shall fit within every new lot created in order to define the
minimum lot dimensions and potential building sites. The homesite template shall
not include critical areas (as defined in Section 16.20.020) and/or their associated
buffers. Where a structure would overlap a lot line, such as would occur with
attached housing units, the minimum diameter of the homesite template shall be
increased by 50% to determine the building's ground level coverage area. Refer to
Table I in Section 17.04.075 to determine the minimum homesite template for
developments and for more information.
"Island character" is the term used to describe the special character of the
Island - winding, narrow and vegetated roadways and lorested areas, meadows,
farms, areas which contain much of the island' s wetlands and streams, aquifer
recharge areas and fish and wildlife habitat areas. For the purposes of this
ordinance it does not refer to a level of service, or type of development, or
measure of development intensity.
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"Landslide Hazard Areas" as defined in chapter 16.20 BIMC.
"Mature vegetation on ridgelines" means existing significant trees as
defined in chapter 18.85 BIMC located on ridgelines of community significance.
Ridgelines of community significance are those dominant natural topographic
featu/-es which are prominently visible from off-site public rights-of-way and lands.
"Minimum lot width measurement line" means a reference line established
at the exterior wall of the principal building at which point the minimum lot width
measurement shall be taken. The minimum lot width measurement llne shall be
established parallel to a line segment which describes the minimum width of the
principal building.
Illustration II: Minimum Lot Width Measurement Line
Word 6.0c or later to
· . ..
"Native forest" means established forest areas consisting of native trees and
plants.
"Native vegetation" as defined in chapter 18.85 BIMC.
"Naturally occurring clearing" means a non,forested area formed by the
land's natural features and events of nature rather than human activities.
' "Off-site views" mean views from publicly owned land.
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"Open space" means any area of land which provides physical or visual
relief from the developed environment. Open space may be essentially unimproved
and set aside, designated or reserved for public use or enjoyment, or used for the
private use and enjoyment of adjacent property owners. Open space may also
consist of undeveloped areas, such as pastures, woodlands, greenbelts, wetlands,
pedestrian corridors and other natural areas which provide visual relief from
developed areas. Preservation of open space 1) conserves and enhances natural or
scenic resources, 2) protects streams and/or the water supply, 3) promotes
conservation of soils, wetlands, beaches or tidal marshes, 4) enhances the value to
the public of abutting or neighboring parks, forests, wild preserves, nature
reservations or sanctuaries or other open space, 5) enhance recreational
opportunities, 6) preserves historic sites, or 7) preserves visual qualities along
highway, road and street corridors or scenic vistas. Open space excludes tidelands,
shorelands, yards required by this chapter, areas occupied by dwellings and
impervious surfaces not incidental to open space purposes. For the purposes of
this chapter, open space shall be established consistent with the performance
standards and requirements of Section 17.04.080 (B, C).
"Pasture" means land used for grazing.
"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.
"Planning commission" means the planning commission of the City.
"Platted Lot" means a fractional pan of divided lands having fixed
boundaries, being of sufficient area and dimension to meet minimum zoning
requirements for width and area and the flexible lot development standards
contained within this chapter. The term includes tracts or parcels.
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"Preliminary plat" means a drawing of a proposed subdivision, which
shows 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 subdivision shall be the basis for approval or disapproval of the
general layout of a subdivision.
"Proposed site plan" means a drawing of a site plan, prepared consistent
with the requirements of the flexible lot design methodology and submitted for a
preapplication consultation with City staff members.
"Refined proposed site plan" means a drawing of a site plan, prepared in
accordance with the requirements of BIMC and consistent with the specific
guidance on how to refine the proposed site plan received by the applicant from
the City staff members at the preapplication consultation.
"Right-of-way" means land in which the State, County, City or other
governmental entity owns the fee simple title or has an easement dedicated or
required for a transportation or utility use. The right-of-way is the fight to pass
over the property of another. It refers to a strip of land legally established for the
use of pedestrians, vehicles or utilities.
"Road" means a way open to vehicular ingress and egress established as a
separate tract for the benefit of certain adjacent properties. This definition shall
not apply to accessways or driveways.
"Road maintenance agreement" means a covenant or other agreement that
addresses the responsibility for road maintenance.
"Scenic corridor" means a strip of !and on each side of a stream or
roadway that is generally visible to the public traveling on such route.
"Significant tree" means a tree, or group of trees identified as significant in
chapter 18.85 BIMC.
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17.04.050
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"Short Subdivision" is the division or redivision of land into four (4) or
fewer lots, tracts, parcels or sites, for the purpose of sale, lease or transfer of
ownership, except that the division or redivision of two or more existing lots into
up to nine (9) lots consistent with the procedures and standards contained in
chapter 17.12 shall constitute a "short plat."
"Stormwater" means water that is generated by rainfall and is often routed
into drainage systems in order to prevent flooding.
"Street" means a street as defined in the City of Bainbridge Island Zoning
Code.
"Subdivider" means a person, including a corporate person or an agent,
who undertakes to create a subdivision.
"Subdivision" means the division or redivision of land into five (5) or more
lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of
ownership, except as provided for in Section 17.12.050.
"Tree canopy" means the total area of the tree(s) where the leaves and
outermost branches extend, also known as the dripline, as defined in chapter 18.85
BIMC.
"Tree stand" means a grouping of trees which form a continuous canopy,
as defined in chapter 18.85 BIMC.
"W.etland" as defined in chapter 16.20 BIMC.
Subdivisions - Process Overview
A. All residential subdivisions shall be designed consistent with the Flexible Lot
Design Process and the Flexible Lot Standards described herein. The
subdivision process as established by this chapter and the flexible lot design
process for residential subdivisions as incorporated herein provides
opportunities for the identification and preservation of areas of aesthetic,
environmental, and/or cultural significance located within the community and
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B,
helps to maintain visual qualities and the character of the island. The flexible
lot design methodology described herein allows for greater flexibility in the
location and establishment of residential lots and associated infrastructure and
is intended to provide a fair and predictable process for the development of
land.
For the purposes of this chapter, subdivisions proposed to exclusively
accommodate commercial and industrial uses shall be exempt from the
requirements of the flexible lot design process, provided that they are
established in strict compliance with all applicable provisions of this code. The
subdivision process for commercial and industrial subdivisions shall be
consistent with the procedures and standards established by this ordinance and
follows the steps described in subsection C of this Section.
All subdivision applications shall follow the following steps:
1. Proposed site plan(s) and additional information as required by this chapter
and Appendix B( 1 ) of Title 17 for the project are submitted for a
preapplication consultation with the City staff members. Specific guidance
on how to refine the proposed site plan to meet the requirements of the
BIMC is received by the applicant from the staff members at this
conference.
2. A refined proposed site plan consistent with the submittal requirements of
this ordinance and additional materials as required by the director are
submitted for the preliminary subdivision application review process.
3. An application for preliminary subdivision is considered complete and is
filed by the City if it satisfies the submittal requirements set forth in
Section 17.04.091.
4. The preliminary subdivision application is reviewed consistent with
Section 17.04.094 and as described in chapter 2.16 BIMC.
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17.04.060
17.04.070
5. A preliminary plat is approved, disapproved, or returned to the applicant
for modification or correction within ninety (90) days from the date of
filing a complete application, unless the applicant consents to an extension.
6. At any time within five years following the date of the preliminary
subdivision approval by the City council, the subdivider may submit the
original of a proposed final subdivision consistent with the final subdivision
submittal requirements of this chapter.
7. The final subdivision application is reviewed by the City council within 30
(thirty) working days from the date of filing a complete application, unless
the applicant consents to an extension.
8. The final subdivision becomes effective upon recording by the City.
Preliminary Subdivision - 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 subdivision approval is submitted.
Preliminary Subdivision - Design Assistance
A. The subdivision process shall provide opportunities for owners of land and their
representatives to receive design assistance from the department's staff members
prior to formal submittal of an application.
B. Flexible Lot Design Handbook: A Flexible Lot Design Handbook shall be
prepared by the director to assist applicants in the preparation of flexible
subdivision designs and applications for residential subdivisions. The Flexible
Lot Design Handbook shall not be part of this ordinance and shall contain no
requirements separate from the text of this chapter. The applicant for a
residential subdivision is encouraged to prepare a proposed or "first drain" site
plan following the steps described in the Flexible Lot Design Handbook.
C. Preapplication Consultation: A preapplication consultation shall be required prior
to preliminary subdivision review for all subdivisions. In order to facilitate the
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17.04.075
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preapplication consultation for residential subdivisions, a prospective applicant
shall arrange for the proposal to be reviewed by submitting copies of at least one
proposed or "first draft" site plan prepared in accordance with Flexible Lot
Design methodology to the department prior to submission of an official
subdivision application. There shall be a fee for preapplication consultation
which includes design and administrative assistance. The amount of the fee shall
be established by City resolution. This fee will be credited to the applicant upon
submission of a preliminary subdivision application. Preapplication consultation
shall not include extensive field inspection or correspondence.
Preliminary Residential Subdivision - Flexible Lot Design -
Preparation of Maps, Site Plans and Studies
The following maps, site plans and studies shall be prepared for proposed residential
subdivisions and shall be submitted to the City at the time of the preapplication
consultation:
A. Base Map: Prepared consistent with Appendix B( 1 ) of Title 17.
B. Aerial Photograph: Consistent with Appendix B(1) of Title 17.
C. Site Inventory Map: Prepared consistent with Appendix B(1) of Title 17.
D. Proposed Site Plan: Elements of the plan consistent with the following
requirementS:
1. Identification of Open Space Location(s): Open space areas shall be
established as required pursuant to Section 17.04.080. The location of open
space areas on a proposed site plan shall meet the open space performance
standards contained within Section 17.04.080(B), open space size
requirements within Section 17.04.080(C) and the prioritization of open
space features contained within Section 17.04.080(D).
2. Identification of Residential Homesite Locations: The location of residential
homesites on a proposed site plan shall be facilitated through the use of a
homesite template as a planning tool. This design methodology contributes
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to the timely development of alternative site configurations; reduces the
potential for adverse environmental impacts; enhances opportunities for
integrating meaningful open space into a project; and contributes to efficient
infrastructure design. Homesite templates do not mandate lot configuration,
but allow the applicant during the design phase to insure that an adequate
area has been designated to permit residential development.
a. Minimum Homesite Template - Area: To assist in preliminary planning of
a residential subdivision, the minimum dimension for a homesite template
contained in Table I shall be used. These dimensions represent a typical
minimum area required to establish a residence and/or associated
outbuildings exclusive of provisions for access, utilities, wastewater
disposal, and stormwater management. No maximum dimension has been
established for homesite template size as applicable land use density
regulations in conjunction with the open space requirements contained
within this Section will provide site-specific limitations for development
coverage on a case by case basis. The homesite template does not include
other uses of the resulting lot such as, but not limited to, gardens,
pastures, orchards, etc.
Table I
Homesite Ternplate Homesite Ternplate
Minimum Diameter Minimum Area
50 feet
1,962 square feet
NOTE I: THE ABOVE-REFERENCED MINIMUM DOES NOT INCLUDE
AREA FOR SEPTIC SYSTEMS.
NOTE II: HOMESITE TEMPLATE IS A PLANNING TOOL AND ITS
MINIMUM DIMENSIONS ARE NOT CONDITIONS OF APPROVAL
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b. Homesite Templates - Location: homesite templates shall be located in
such a manner as to avoid placement of any portion of a template within
those areas identified and graphically portrayed as "no-build" zones or
areas in which development may not occur, such as but not limited to
Critical Areas and their associated buffers, wellhead protection areas,
dedicated open space. Portions of a template may include areas
containing "restricted building zones" or areas in which development may
occur with restrictions, such as but not limited to those containing
significant trees and established vegetation. Homesite templates shall not
be located within any proposed individual or community wellhead
protection area, drainfield, and/or reserve drainfield unless specifically
approved by the Health District.
c. Homesite Templates - Maximum Number: The number of homesite
templates permitted for a subject property shall not exceed the maximum
density provisions of the City's Comprehensive Plan or the City's Zoning
Code. Furthermore, for those properties for which the applicant is
seeking to include the area of a wetland in the density calculation, the
requirements of Section 16.20.090(C) BIMC shall be satisfied. The
applicant shall enter into a third party contract with the consultant and
the City to retain a wetland biologist to address the requirements of
Section 16.20.090(C) BIMC.
d. Homesite Templates - Changed Conditions: The subdivision process
requires that all lots which are platted shall legally conform to bulk and
dimensional requirements of the code at the time of approval. Should
conditions change, the location of a homesite template on a plat does not
guarantee that the resulting homesite or lot will permit development, and
does not waive, modify, or negate other applicable land use processes
and/or building permit requirements.
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Reasonable Economic Use Exception: In the case where no homesite
template can be located on a subject property, subdivision shall not be
permitted. Development of the subject property shall be facilitated
consistent with the requirements of Section 16.20.090(J) Reasonable
Economic Use Exception.
3. Location of Individual or Community Water Supply Systems: The location
of any proposed individual or community well(s) and/or water system(s) for
the subject property, and associated wellhead protection areas as required by
the Health District shall be graphically indicated on a copy of the base map,
or as an overlay attachment to the base map (providing that the overlay is
prepared on a transparent material). Maintenance access to the proposed
wellhead or water system and all areas to be cleared for a wellhead shall also
be identified.
4. Location of Individual or Community Septic Systems: The location of any
proposed individual or community drainfields for the subject property and
associated reserve drainfields as required by the Health District shall be
graphically indicated on a copy of the base map, or as an overlay attachment
to the base map (providing that the overlay is prepared on a transparent
material). Maintenance access to proposed drainfields shall also be
identified.
5. Provision of Roads and Access: Roads and access consistent with the
requirements of the City of B ainbridge Island Public Works Design and
Procedures Manual, Appendix A of Title 17 and the requirements of this
code shall be provided to all proposed lots consistent with the standards
contained within this subsection. Roads and access proposed consistent with
the requirements of this subsection shall be graphically indicated on a copy of
the base map, or as an overlay attachment to the base map (providing that the
overlay is prepared on a transparent material).
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17.04.080
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The preparation of alternative configurations for all the above elements of the
proposed site plan for the subject property shall be encouraged. Alternative
configurations shall be graphically indicated on a copy of the base map, or as an
overlay attachment to the base map (providing that the overlay is prepared on a
transparent material).
E. Composite Site Plan: A composite site plan shall be prepared. Composite site
plans are comprised of the assembly or printing of multiple overlay layers on the
base map. The purpose of preparing a composite site plan is to help the
applicant and the City determine which portions of a' subject property are best
suited to accommodate homesites, infrastructure, and open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements of
this Section for homesite placement, community water or septic location (if
applicable), open space provisions, and road and accessway location.
2. The composite site plan shall be graphically indicated on a copy of the base
map, or as an overlay attachment to the base map (providing that the overlay
is prepared on a transparent material).
F. Establishment of Lot Lines: Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the Subject property.
Homesite ternplate shall be clearly indicated within each lot. Lot lines shall not
cross any homesite template. Preliminary lot lines are intended for review and
discussion at the preapplication consultation. Subsequent to the preapplication
consultation, all proposed revisions shall be made prior to application submittal
for preliminary subdivision.
Flexible Lot - Standards
A. Development Standards.
Subdivisions established pursuant to the flexible lot design process shall be
subject to the following development standards:
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Minimum lot size requirements:
5,000 square feet if septic
located outside of the lot
(subject to Note i below).
12,500 square feet or as
specified by the Health District
if septic located within the lot
(subject to Note i and ii
below).
Notes: i.
Larger minimum size may be required to accommodate
development in critical areas.
ii.
Larger minimum lot size may be required by the Health
District in order to accommodate on-site septic systems.
2. Lot setback and dimensional requirements.
Building to Building (on-site):
Minimum 10 feet separation
Building to Exterior Property Line:
Building to Right of way:
Minimum 15 feet
Minimum 25 feet (R 0.4 only)
Arterial (SR 305)
Arterial (other)
Collector
All others
Not less than 75 feet setback
Not less than 40 feet setback
Not less than 35 feet setback
Minimum 15 feet setback
Excepting those buffers established pursuant to Environmentally Sensitive or Critical Area Review. the re.quirements of the
Shoreline Management Act, conditioned by SEPA review, or required for public health or safety reasonse.
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Building to Trail, Open Space
Minimum 10 feet setback
Minimum Lot Width
50 feet measured at the minimum lot
width measurement line (for properties
subject to review pursuant to the
Shoreline Management Master Plan,
the minimum lot width shall be
50 feet measured as required by the
Shoreline Management Master
Program)
Maximum Lot Coverage
The maximum lot coverage as
specified in Title 18 'for the entire lot
that is the subject to the Subdivision
application, a portion of which is
assigned to each lot at the time of
preliminary plat approval.
3. All building sites shall require stormwater management
provisions.
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B. Open space shall be established consistent with the following performance
standards:
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1. Open space shall be established to preserve the natural character of the City.
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2. Where practical, open space shall be concentrated in large usable areas.
3. Where possible, open space shall connect to adjacent off-site open space
areas and designated greenways.
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4. Where possible, open space shall be designed to preserve views from off-site
of the subject property, mature vegetation on ridgelines.
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,
Where possible, the island character of the roadways shall be maintained
through the reduction of roadway width and the minimization of disturbance
of roadside vegetation.
6. All areas identified for protection by chapter 16.20 BIMC shall be located
within designated open space.
The subdivision shall include a buffer of existing vegetation along a property
line where the land adjacent to the property line is a park or a future park in a
municipal plan. The purpose of this buffer is to visually screen views of the
subdivision land from the park area. The buffer shall be designed to provide
visual screening at all times of the year.
8. A vegetative buffer shall be established adjacent to all scenic roads.
Open Space Requirements: Table II contains the minimum requirements for
open space areas which shall be included in all subdivisions.
Zoning District:
R-0.4
R-1
R - 2; R - 2.9; R - 3.5;
R-4.3.
Table H
Required percentage of
open space:
80%
60%
40%
Prioritization of Open Space Features: Table III ranks the relative desirability
of different types of open space, and should be used as the basis for determining
the optimum location for open space areas within a proposed project.
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Priority
(Ranking)~
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Table III
Open Space Feature
Notes
Critical Areas (as defined in
chapter 16.20 of this Code)
Existing Roadway Buffer
Areas
Pastures and Farmland
Significant Trees
Mature Vegetation on
Ridgelines
Trails and Greenways
Native Forests and Clearings
All Critical Areas and their
associated buffers shall be
preserved.
Roadway buffer areas
comprised of established mature
native vegetation.
Pastures and farmland
currently or traditionally
used in agriculture should
be preserved.
Significant trees identified
consistent with the standards
of the Landscaping Ordinance
should be preserved.
Mature vegetation found on
ridgelines of community
significance (as viewed
from off-site) should be
preserved.
Trails and greenways should
be preserved.
Where possible, native
forests and naturally occurring
clearings should be preserved.
Calculation of Open Space Area: For the purposes of this ordinance, the
calculation of open space area shall include all common public or privately held
open space areas, all provisions for the right-of-way for public roads and the
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easement width for private roads, stormwater facilities, recreational areas, trail
and greenways, and areas protected consistent with chapter 16.20 BIMC.
Homesites and associated lots as identified in Section 17.04.075(F) shall not be
included in determining open space area. Open space areas located on private
lots and subject to open space easements and restrictions shall be included in the
calculation of open space area.
F. Open Space Ownership: Ownership of regulated open space shall be established
consistent with one of the following forms of ownership:
1. Private Ownership: Open space shall be established by easements, restrictive
covenants, or other similar legal means; or
2. Common Ownership: Open space shall be held in common by a home or
property owners association or other similar organization. For the purposes
of this ordinance, ownership of open space by a land trust, or other similar
conservancy organization shall be considered common ownership. Should
this ownership pattern be selected, appropriate covenant, conditions, and/or
restriction shall be required; or
3. Public Ownership: In certain circumstances the City may choose to accept
ownership of open space. Upon approval and acceptance by the City, open
space shall be dedicated to the public.
G. Open Space Management Plan: An Open Space Management Plan (OSMP)
shall be prepared by the applicant for review and approval by the City at the
time of the application for preliminary plat approval. The OSMP shall include
provisions for the periodic inspection of the subject open space by the City.
The OSMP shall include the following:
1. A list of all approved uses for the open space areas. Where a variety of
uses are permitted, the specific location of each use shall be depicted
graphically.
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2. A management plan which clearly describes the frequency and scope of
maintenance activities.
3. An identification of the management entity responsible for the maintenance
of the open space areas.
Maintenance of Open Space Areas: Open space areas shall be maintained
permanently by the property owner, the property owners association, or the City
for properties owned by the City. In the event that open space is not maintained
consistent with the OSMP, the City shall have the right to provide the
maintenance thereof, and bill the owner accordingly. Such bill shall become
delinquent 20 days after the date of mailing, and the interest shall accrue on and
after the date of delinquency at 12% or the rate authorized by statute, whichever
is lower.
Landscape Standards: Landscaping shall be established consistent with the
requirements of chapter 18.85 BIMC.
Roads and Access Performance Standards:
1. Roads and access shall be consistent with the following performance
standards:
a. Connections to existing off-site roads which abut the subject property
shall be required where practicable, except through critical areas and/or
their buffers.
b. Pedestrian access onto the site shall be maximized in all proposed
projects. This may be accommodated through the provision of on-site
walkways, trails, paths or sidewalks which originate at the property
boundary.
c. Internal pedestrian circulation shall be facilitated through appropriately
scaled walkways, paths, trails or sidewalks. Special emphasis shall be
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placed on providing pedestrian access to proposed recreational and/or'
open space areas.
d. All roadways (and building sites) shall require stormwater management
provisions.
e. Where practical, existing roadway character shall be maintained. This
may be accomplished through the reduction of roadway width (provided
it is consistent with the code), the minimization of curb cuts, and the
preservation of roadside vegetation.
f. "City of Bainbridge Island Engineering, Design, and Development
Standards Manual" and Appendix A of Title 17.
2. Variation from Road Requirements: A variation from the road requirements
and standards contained within the "City of Bainbridge Island Engineering,
Design, and Development Standards Manual" and Appendix A of Title 17
shall be permitted if such a reduction meets the purposes of this chapter, and
is approved by the City or the director, after recommendation by the city
engineer and the Fire Marshall.
Preliminary Subdivision - Application Fee
Upon submittal of the preliminary subdivision application, the applicant shall pay
an application fee in an amount established by City resolution.
Preliminary Subdivision - Application Submittal
A. The property owner or his/her authorized agent may apply for a subdivision.
B. Appendix B(1) of Title 17 establishes and lists the various submittal
requirements. Revision of Appendix B(1) shall not constitute a revision of this
Section. The director may specify type, detail, and number of copies of
submittal requirements listed in Appendix B(1) for an application to be
complete. The director may waive specific submittal requirements determined
to be unnecessary for review of an application. The director may require
additional material such as, but not limited to, maps, studies or~nodels when
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17.04.094
the director determines such material is needed to accurately assess the
proposed project as long as the additional material has no impact on the
vesting requirements, and the director acts after the application is deemed
complete.
Notice Requirements
A. The Department shall provide notifications (notice of complete application;
notice of application and public comment period; notice of public hearing, if a
public hearing is required; and notice of decision and appeal period) in
accordance with the notice requirements set forth in chapter 2.16 BIMC.
B. If the subdivision is adjacent to the right-of-way of a state highway or within
two miles of the boundary of a state or municipal airport, in addition to the
notice requirements of the above title not later than 10 days after the
subdivision application is filed, the director shall provide notice to the State
Secretary of Transportation.
Preliminary Subdivision - Review Process.
A. The City's review of the preliminary subdivision application is established by
chapter 2.16 BIMC as a quasi-judicial process.
B. Subdivisions shall be reviewed in accordance with the City council decision
procedures described in the chapter 2.16.
Preliminary Subdivision - Decision Criteria.
The hearing examiner's recommendation and the City council decision shall include
findings of fact that the application meets all the requirements of the following
subsections.
A. The subdivision may be approved or approved with modification if:
1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the
following:
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a. Highways, roads, streets, and other transit facilities;
b. Streets, including street names, traffic regulatory signs and mailbox
locations;
c. Transit stops;
d. Pedestrian facilities;
e. Other public ways leading to, and providing access to and within the
subdivision;
f. Schools;
g. School grounds;
h. Open spaces;
i. Parks;
j. Recreation facilities;
k. Playgrounds;
1. Fire and emergency vehicle access;
m. Fire flow;
n. Drainage and stormwater facilities;
o. Water supplies, including potable water;
p. Sanitary waste.
2. The preliminary residential subdivision has been prepared consistent with
the requirements of the flexible lot line process and applicable flexible lot
standards;
3. Any portion of a subdivision which contains an environmentally sensitive
area, as defined in chapter 16.20 BIMC conforms to all requirements of
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C,
4. The subdivision reasonably maintains and protects productive agricultural
uses in the vicinity of the property, including complying with
Section 16.20.181 BIMC;
5. 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, codi~ed in chapter 15.20 of the City of
Bainbridge Island Municipal Code;
6. The preliminary subdivision design is compatible with the physical
characteristics of the proposed subdivision site;
7. The proposal complies with all applicable provisions .of this code, chapters
RCW 58.17 and 36.70A, and all other applicable provisions of state and
federal laws and regulations;
8. The proposal is in accord with the City's Comprehensive Plan;
9. Wherever feasible, the preliminary plat design includes measures to
minimize clearing, with priority given to maintenance of existing vegetation
and re-vegetation is incorporated into the preliminary plat design when
possible; and
10. The.preliminary subdivision meets road and stormwater management
requirements.
A proposed subdivision shall not be approved unless written findings are made
that the public use and interest will be served by the platting of such
subdivision.
In making a determination of approval, approval with modifications or
disapproval using the criteria in subsection A and B above, the following
additional factors without limitation will also be considered:
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17.04.095
1. All public and private facilities and improvements on and off the site
necessary to provide for the proposed subdivision will be available when
needed;
2. 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;
3. 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;
4. 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
5. 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.
Preliminary Subdivision - City 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. This procedure shall be followed instead of the
procedure set out in Section 2.16.110 (D) BIMC.
B. The City council shall review the preliminary subdivision application consistent
with City council action set forth in Section 2.16.110 (E).
C. 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
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understand the evidence' and argument.
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17.04.098
D. The decision of the City council to approve, modi&, or disapprove any
subdivision shall be in writing and shall include findings of fact and conchsions
consistent with Section 17.04.094 to support the decision.
E. The City council decision approving, approving with modifications or
disapproving any plat shall be reviewed pursuant to chapter 36.70C RCW.
Preliminary Subdivision - Time limitation
A final subdivision application meeting all of the requirements of this chapter shall
be filed within five years of the. date of preliminary subdivision approval. If the
application is not filed within the five-year period, the preliminary subdivision
approval shall expire and shall be void. The five-year period shall apply to all
preliminary subdivision approvals granted by the City which had not expired on
July 23, 1995, and to all preliminary subdivision approvals granted at'cer that date.
Final Subdivision - Phased Development
Portions of an approved preliminary subdivision may be processed separately for
recording in divisions, provided that: '(1) the divisions were identified in the
preliminary subdivision and (2) 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 subdivision, the City engineer or the director 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 subdivision and other applicable ordinances.
Preliminary Plat - Extension for Phased Development
The city council may extend a preliminary plat for a phased development but not
including the initial phase or division, for up to three additional years beyond the
period provided for in Section 17.04.096, above, if:
A written request for extension is filed at the time an application for the final plat
for initial phase has been submitted to the City; and
Unforeseen circumstances or conditions which are not the result of voluntary
actions of the applicant necessitate the extension of the preliminary plat; and
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17.04.100
The applicant has demonstrated reasonable diligence in attempting to meet the
time limit imposed.
An extension of the preliminary plat will not cause substantial detriment to existing uses
in the immediate vicinity of the subject property
Preliminary Subdivision - Effect of Approval
A. The approval of a preliminary subdivision constitutes the general acceptance of
the layout of the subdivision and its relation to adjoining properties.
Engineering details remain subject to the approval of the City council.
B. APcer approval of the preliminary subdivision, permits for the development of
subdivision improvements may be issued and work commenced. Such permits
shall be contingent upon compliance with the conditions specified on the
approval of the preliminary subdivision, the payment of all fees, and the
submittal of assurance devices as required.
C. Approval of the preliminary subdivision by the City council shall constitute
authorization for the subdivider to develop the subdivision's facilities and
improvements in accordance with state law, this code, and the conditions, if
any, for preliminary subdivision approval.
Preliminary Subdivision - Modification of Plat
A. Modification to an approved preliminary subdivision which 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 may be made by the director 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 2.16.095 (administrative
procedures).
B. Other modifications to an approved subdivision must be reviewed in
accordance with the process for a new subdivision application and shall be
approved consistent with the procedures and requirements of this ordinance.
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C. The following exemptions shall not constitute changes in the preliminary
subdivision approval and thus do not require further review as provided for
under subsection 17.04.100 (A) above:
1. Engineering detail, unless the proposed detail modifies or eliminates
features specifically required as an element of the preliminary subdivision
approval;
2. Minor changes in lot lines or lot dimensions; or
3. Minor alterations regarding homesite location and/or open space usage.
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 upon dedications for open spaces, drainage ways, other public
ways, water supplies, sanitary waste facilities, parks, playgrounds, site protection
of environmentally sensitive areas, and other needs of the public as long as such
dedication does not constitute an unconstitutional taking of private property. (See
also, Chapter 12.30.)
Final Subdivision - Submittal Requirements
The final subdivision application shall satisfy the requirements of Appendix B(1) of
Title 17.
Final Subdivision - Application Fee
Upon submittal of the final subdivision application, the applicant shall pay the
appropriate fee as established by the City by resolution.
Final Subdivision - Review and Recommendation
A. The City engineer shall review the final subdivision to determine the
compliance with the requirements of RCW 58.17.160 and forward
recommendations for approval or disapproval to the department.
B. The Health District, when appropriate, shall review the final subdivision and
forward recommendations for approval or disapproval to the de. partment.
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C. The department shall forward its recommendation for approval or disapproval
to the City council, evaluating compliance with any conditions imposed on the
preliminary subdivision and other applicable ordinances.
Final Subdivision - City Council Review and Approval
A. In accordance with RCW 58.17.140, final subdivisions shall be approved,
disapproved or returned to the applicant within 30 (thirty) days from the date
of filing of a complete application, unless the applicant consents to an
extension of the time period.
B. The City council shall approve the final subdivision if it is determined:
1. That the conditions imposed when the preliminary subdivision was
approved have been met;
2. Bonds or other assurance devices, if any, by their essential terms assure
completion of all plat improvements; and
3. The requirements of State law, this chapter, the zoning ordinance,
comprehensive plan and any other applicable ordinances in effect at the
time of preliminary plat approval have been satisfied by the subdivider.
D,
The City council can approve the final subdivision with minor modifications
recommended by the department and the applicant.
If the City council approves the final subdivision, the Council chair shall
inscribe the City council's approval on the face of the final plat provided that
upon approval of the final plat the City council may direct and authorize the
Mayor or another Council member to inscribe the City council' s approval on
the face of the final plat. The City shall file the original of the final subdivision
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.
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E. Any lot 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 subdivision, notwithstanding any
change in zoning laws. Any lot in a final plat shall be governed by the terms of
approval of the final subdivision and the statutes, ordinances, and regulations in
effect at the time of final subdivision approval for a period of five (5) years
after final subdivision approval, unless a change in conditions creates a serious
threat to the public health or safety.
Final Subdivision - Assurance Device
In lieu of completion of improvements with conditions of a preliminary plat
approval, the City council may accept an assurance device, other than a bond, in an
amount and in a form determined by the Ciiy council, which secures and provides
for the actual construction and installation of the improvements or the performance
of the conditions within one year, or such additional time as the City council
determines is appropriate after final plat approval. In addition, the City council
shall require an assurance device, including a bond, securing the successful
operation of improvements for one year after City's acceptance of the
improvements, provided that the City council may, upon recommendation of the
City engineer or the director, extend the term of the assurance device for up to two
years for improvements that will not demonstrate compliance with construction or
installation requirements within one year.
Special Requirements for Environmentally Sensitive Areas
A. Any portion of a subdivision which contains an environmentally sensitive areas
as defined in chapter 16.20 must conform to all requirements of that chapter.
B. When appropriate, in accordance with RCW 36.70A.060, the final subdivision
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.
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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 RCW
64.04.175.
Alteration of Open Space and/or Open Space Usage
The contents and procedures amended applications for minor alterations of open
space and/or open space usage shall be administratively approved consistent with
the procedures and requirements of chapter 2.16 BIMC
Development of Illegally Divided Land
No building permit or development permit of any sort shall be issued for lots
created in violation of this chapter, provided an innocent purchaser for value may
obtain permits needed for development upon application to the department and
decision by the hearing examiner pursuant to Section 2.16.100 wherein such
purchaser shows the following:
A. The lot was purchased at a market value not reflecting the illegal division;
B. The purchaser exercised reasonable diligence but did not know of the
illegal division; and
C. The public interest will not suffer.
Penalty
Any person, firm or corporation violating any provision of this chapter shall be
guilty of a gross 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 ~his chapter is committed, continued or permitted.
Upon conviction of any violation of this chapter, such person, firm or corporation
shall be punished by a fine of not more than $5,000 or imprisonment for not more
than 1 (one) year, or by both such fine and imprisonment.
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Enforcement
A. Whenever any parcel of land is divided into lots, tracts, or parcels of land
contrary to the provisions of this chapter and any person, firm or corporation
or any agent of them sells or transfers, or offers or advertises for sale or
transfer any such lot, tract, or parcel without having a final plat of such
subdivision filed for record, the City attorney may commence an aciion to
restrain and enjoin further subdivisions or sales, or transfers, or offers of sale
or transfer and compel compliance with all provisions of this chapter. The
costs of such action shall be taxed against the person, firm, corporation or
agent selling or transferring the property.
B. Whenever land within a subdivision granted final approval is used in a manner
or for a purpose which violates any provision of this chapter or any term or
condition of subdivision approval prescribed for the subdivision by the City,
the City attorney may commence action to restrain and enjoin such use and .
compel compliance with the provisions of this chapter or with such terms and
conditions. The costs of such action may be taxed against the violator.
Construction
This chapter shall be liberally interpreted and construed to secure the public health,
safety, morals, welfare and the rule of strict construction shall have no application.
Section 2. chapter 17.12 of the Bainbridge Island Municipal Code is repealed and replaced as
follows:
17.12.010 Compliance
All short subdivisions, as defined in Section 17.12.050, shall comply with this
chapter.
17.12.020 Purpose
The purpose of this chapter is to regulate the subdivision of land, to promote the
public health, safety and general welfare of the citizens of the City in accordance
with state law and the City' s comprehensive plan. To carry out this purpose for
the subdivision of land for residential uses, this chapter establishes a flexible lot
process, which will facilitate the fair and predictable division of lan_d, maintain the
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current character of the City, and provide for greater flexibility in the division and
establishment of residential lots. A further purpose of this chapter is to prevent the
overcrowding of land; to lessen congestion in the streets and highways; to provide
for adequate light and air; to facilitate adequate provision for water, sewage, storm
water drainage, parks and recreation areas, sites for schools and school grounds
and other public requirements; to provide for proper ingress and egress; to provide
a variety of housing opportunities; and to maintain the quality of life of the City.
Through this chapter, the City will accomplish uniform monumenting of land
subdivision and conveyancing by accurate legal description.
Exclusions
This chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Division of land into lots or tracts classified for industrial or commercial use
when the City has approved a binding site plan for the use of the land in
accordance with City ordinance;
D. A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers is permitted to be placed upon the land when
the City has approved a binding site plan for the use of the land in accordance
with City ordinance;
E. A division made pursuant to chapter 17.20 of this code relating to boundary
line adjustments, 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;
F~ Divisions of land into lots or tracts if: (1) the improvements constructed or to
be constructed thereon will be included in one or more condominiums or are
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; (2) the City has approved a binding site plan for all such
land; and (3) 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, theimprovements
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17.12.040
on the land shall be included in one or more condominiums or owned by an
association or other legal entity in which the owners of units herein or their
owners' 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"; and
G. A division caused by condemnation or by acquisition by a government entity in
lieu of condemnation.
Definitions
"Short Subdivision" is the division or redivision of land into four (4) or fewer lots,
tracts, parcels or sites, for the purpose of sale, lease or transfer of ownership,
except that the division or redivision of two or more existing lots into up to nine
(9) lots consistent with the procedures and standards contained in chapter 17.12
shall constitute a "short subdivision."
17.12.050
The definitions in chapter 17.04 shall apply to this chapter.
Short Subdivisions - Process Overview
A. All residential short subdivisions shall be designed consistent with the Flexible
Lot Design Process and the Flexible Lot Standards described herein. The
subdivision process as established by this chapter and the flexible lot design
process for residential short subdivisions as incorporated herein provides
opportunities for the identification and preservation of areas of aesthetic,
environmental, and/or cultural significance located within the community and
helps to maintain visual qualities and the character of the island. The flexible
lot design methodology described herein allows for greater flexibility in the
location and establishment of residential lots and associated infrastructure and
is intended to provide a fair and predictable process for the development of
land. The short subdivision process for residential subdivisions shall be
consistent with the procedures and standards established by this ordinance and
follows the steps described in subsection C below.
B. For the purposes of this chapter, short subdivisions proposed to exclusively
accommodate commercial and industrial uses shall be exempt from the
requirements of the flexible lot design process, provided that they are
established in strict compliance with all applicable provisions of this code. The
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short subdivision process for commercial and industrial subdivisions shall be
consistent with the procedures and standards established by this ordinance and
follows the steps described in subsection C of this Section.
All short subdivision applications shall follow the following steps:
1. Proposed site plan(s) and additional information as required by this
ordinance and Appendix B(2) of Title 17 for the project are submitted for
a preapplication consultation with the department staff members. Spedfie
guidance on how to refine the proposed site plan is received by the
applicant from the staff members at this conference.
2. A refined proposed site plan consistent with the submittal requirements of
this ordinance and additional materials as required by the director are
submitted for the preliminary short subdivision application review process.
3. An application for preliminary short subdivision is considered complete and
is filed by the City if it satisfies the submittal requirements set forth in
Section 17.12.102.
4. The preliminary short subdivision application is reviewed consistent with
Section 17.12.104, 105, 106, 107 and 108.
5. The application for a preliminary short subdivision is reviewed by the
director.
6. Following the determination by the director that the application is
complete, a copy of the preliminary short subdivision application is
forwarded to the city engineer. The city engineer will approve or
disapprove the application and will provide a written explanation to the
director of the decision made.
7. The director will approve, disapprove the preliminary short subdivision, or
return the application for the preliminary short subdivision to the applicant
for modifications within 90 (ninety) calendar days from the date of filing a
complete application.
8. At any time within five (5) years following the date of the preliminary short
subdivision approval by the director, the subdivider may submit the original
of a proposed final short subdivision consistent with the final short
subdivision submittal requirements of this chapter.
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17.12.065
17.12.070
9. The final short subdivision application will be reviewed by the director, the
Health District and by the city engineer within 30 (thirty) working days
from the date of filing a complete application.
10. The final short subdivision will not be officially approved until recorded by
the City.
11. The approved final short subdivision shall conform to Section 17.12.090
Preliminary Short Subdivision - Vesting
A proposed short 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 short subdivision approval is submitted.
Preliminary Short Subdivision - Design Assistance
A. The short subdivision process shall provide opportunities for owners of land and
their representatives to receive design assistance from the department's staff
members prior to formal submittal of an application.
B. Flexible Lot Design Handbook: A Flexible Lot Design Handbook shall be
prepared by the director to assist applicants in the preparation of flexible
subdivision designs and applications for residential short subdivisions. The
Flexible Lot Design Handbook shall not be part of this ordinance and shall
contain no requirements separate from the text of this chapter. The applicant for
a residential short subdivision is encouraged to prepare a proposed or "first
draft" site plan following the steps described in the Flexible Lot Design
Handbook.
C, Preapplication Consultation: A preapplication consultation shall be required prior
to preliminary short subdivision review for all short subdivisions. In order to
facilitate the preapplication consultation for residential short subdivisions, a
prospective applicant shall arrange for the proposal to be reviewed by submitting
copies of at least one proposed or "first drain" site plan prepared in accordance
with Flexible Lot Design methodology to the department prior to submission of
an official short subdivision application. There shall be a fee for preapplication
consultation which includes design and administrative assistance. The amount of
the fee shall be established by City resolution. This fee will be credited to the
applicant upon submission of a preliminary short subdivision application.
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17.12.080
Preapplication consultation shall not include extensive field inspection or
correspondence.
Preliminary Residential Short Subdivision -
Flexible Lot Design -
- Preparation of Maps, Site Plans and Studies
The following maps, site plans and studies shall be prepared for proposed residential
short subdivisions and shall be submitted to the City at the time of the preapplication
consultation:
A. Base Map: Prepared consistent with Appendix B(2) of Title 17.
B. Aerial Photograph: Consistent with Appendix B(2) of Title 17.
C. Site Inventory Map: Prepared consistent with Appendix B(2) of Title 17 of this
chapter.
D. Proposed Site Plan: Elements of the plan consistent with the following
requirements:
1. Identification of Open Space Location(s): Open space areas shall be
established as required pursuant to Section 17.12.090. The location of open
space areas on a proposed site plan shall meet the open space performance
standards contained within Section 17.12.090(B), open space size
requirements within Section 17.12.090(C) and the prioritization of open
space features contained within Section 17.12.090(I2)).
2, Identification of Residential Homesite Locations: The location of residential
homesites on a proposed site plan shall be facilitated through the use of a
homesite template as a planning tool. This design methodology contributes
to the timely development of alternative site configurations; reduces the
potential for adverse environmental impacts; enhances opportunities for
integrating meaningful open space into a project; and contributes to efficient
infrastructure design. Homesite templates do not mandate lot configuration,
but allow the applicant during the design phase to insure that an adequate
area has been designated to permit residential development.
a. Minimum Homesite Template - Area: To assist in preliminary planning of
a residential short subdivision, the minimum dimension for a h0mesite
template contained in Table I shall be used. These dim_ensions represent
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a typical minimum area required to establish a residence and/or associated
outbuildings exclusive of provisions for access, utilities, wastewater
disposal, and stormwater management. No maximum dimension has been
established for homesite template size as applicable land use density
regulations in conjunction with the open space requirements contained
within this Section will provide site-specific limitations for development
coverage on a case by case basis. The homesite ternplate does not include
other uses of the resulting lot such as, but not limited to, gardens,
pastures, orchards, etc.
Table I
Homesite Template
Minimum Diameter
50 feet
Homesite Template
Minimum Area
1,962 square feet
NOTE I: THE ABOVE-REFERENCED MINIMUM DOES NOT INCLUDE
AREA FOR SEPTIC SYSTEMS.
NOTE II: HOMESITE TEMPLATE IS A PLANNING TOOL AND ITS
MINIMUM DIMENSIONS ARE NOT CONDITIONS OF APPROVAL
Homesite Templates - Location: homesite ternplates shall be located in
such a manner as to avoid placement of any portion of a ternplate within
those areas identified and graphically portrayed as "no-build" zones or
areas in which development may not occur, such as but not limited to
Critical Areas and their associated buffers, wellhead protection areas,
dedicated open space. Portions of a template may include areas
containing "restricted building zones" or areas in which development may
occur with restrictions, such as but not limited to those containing
significant trees and established vegetation. Homesite templates shall not
be located within any proposed individual or community wellhead
protection area, drainfield, and/or reserve drainfield unless specifically
approved by the Health District.
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,
c. Homesite Templates - Maximum Number: The number of homesite
templates permitted for a subject property shall not exceed the maximum
density provisions of the City's Comprehensive Plan or the City' s Zoning
Code. Furthermore, for those properties for which the applicant is
seeking to include the area of a wetland in the density calculation, the
requirements of Section 16.20.090 BIMC shall be satisfied. The
applicant shall enter into a third party contract with the consultant and
the City to retain a wetland biologist to address the requirements of
Section 16.20.090 BIMC.
d. Homesite Templates - Changed Conditions: The short subdivision
process requires that all lots which are platted shall legally conform to
bulk and dimensional requirements of the code at the time of approval.
Should conditions change, the location of a homesite ternplate on a plat
does not guarantee that the resulting homesite or lot will permit
development, and does not waive, modify, or negate other applicable land
use processes and/or building permit requirements.
Reasonable Economic Use Exception: In the case where no homesite
template can be located on a subject property, short subdivisions shall not
be permitted. Development of the subject property shall be facilitated
consistent with the requirements of Section 16.20.090(J) Reasonable
Economic Use Exception.
Location of Individual or Community Water Supply Systems: The location
of any proposed individual or community well(s) and/or water system(s) for
the subject property, and associated wellhead protection areas as required by
the Health District shall be graphically indicated on a copy of the base map,
or as an overlay attachment to the base map (providing that the overlay is
prepared on a transparent material). Maintenance access to the proposed
wellhead or water system and all areas to be cleared for a wellhead shall also
be identified.
Location of Individual or Community Septic Systems: The location of any
proposed individual or community drainfields for the subject property and
associated reserve drainfields as required by the Health District shall be
graphically indicated on a copy of the base map, or as an ov. erlay attachment
to the base map (providing that the overlay is prepared on a. transparent
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material). Maintenance access to proposed drainfields shall also be
identified.
5. Provision of Roads and Access: Roads and access consistent with the
requirements of the City of Bainbridge Island Public Works Design and
Procedures Manual and the requirements of this code shall be provided to all
proposed lots consistent with the standards contained within this subsection.
Roads and access proposed consistent with the requirements of this
subsection shall be graphically indicated on a copy of the base map, or as an
oreflay attachment to the base map (providing that the overlay is prepared on
a transparent material).
The preparation of alternative configurations for all the above elements of the
proposed site plan for the subject property shall be encouraged. Alternative
configurations shall be graphically indicated on a copy of the base map, or as an
overlay attachment to the base map (providing that the overlay is prepared on a
transparent material).
E. Composite Site Plan-: A composite site plan shall be prepared. Composite site
plans are comprised of the assembly or printing of multiple oreflay layers on the
base map. The purpose of preparing a composite site plan is to help the
applicant and the City determine which portions of a subject property are best
suited to accommodate homesites, infrastructure, and open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements of
this Section for homesite placement, community water or septic location (if
applicable), open space provisions, and road and accessway location.
2. The composite site plan shall be graphically indicated on a copy of the base
map, or as an oreflay attachment to the base map (providing that the overlay
is prepared on a transparent material).
F. Establishment of Lot Lines: Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the subject property.
Homesite ternplate shall be clearly indicated within each lot. Lot lines shall not
cross any homesite template. Preliminary lot lines are intended for review and
discussion at the preapplication consultation. Subsequent to the preapplication
consultation, all proposed revisions shall be made prior to application submittal
for preliminary short subdivision.
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17.12.090
Flexible Lot - Standards
A. Development Standards.
Short subdivisions established pursuant to the flexible lot design process shall be
subject to the following development standards:
Minimum lot size requirements:
5,000 square feet if septic
located outside of the lot
(subject to Note I below).
Notes: i.
ii.
12,500 square feet or as
specified by the Health District
if septic located within the lot
(subject to Note i and ii
below).
Larger minimum size may be required to accommodate
development in critical areas.
Larger minimum lot size may be required by the Health
District in order to accommodate on-site septic systems.
Lot setback and dimensional requirements.2
Building to Building (on-site):
Building to Exterior Property Line:
Building to Right of way:
Arterial (SR 305)
Arterial (other)
Collector
Minimum 10 feet
separation
Minimum 15 feet
Minimum 25 feet (R 0.4
only)
Not less than 75 feet
setback
Not less than 40 feet
setback
Not less than 35 feet
setback
Excepting those buffers established pursuant to Environmentally Sensitive or C~tical Area Review, the req. uirements of the
Shoreline Management Act, conditioned by SEPA review, or required for public health or safe.iv reasons.-
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All others
Building to Trail, Open Space
Minimum 15 feet
setback
Minimum 10 feet
setback
Minimum Lot Width
Maximum Lot Coverage
50 feet measured at the
minimum lot width
measurement line (for
properties subject to review
pursuant to the Shoreline
Management Master Plan, the
minimum lot width shall be
50 feet measured as required
by the Shoreline Management
Master Program)
The maximum lot coverage as
specified in Title 18 for
the entire lot that is subject to
the Short Plat application, a
portion of which is assigned to
each lot at the time of
preliminary short plat approval'
3. All building sites shall require stormwater management
provisions.
B. Open space shall be established consistent with the following performance
standards:
1. Open space shall be established to preserve the natural character of the City.
2. Where practical, open space shall be concentrated in large usable areas.
3. Where possible, open space shall connect to adjacent off-site open space
areas and designated greenways.
4. Where possible, open space shall be designed to preserve views from off-site
of the subject property, mature vegetation on ridgelines.
5. Where possible, the island character of the roadways shall be maintained
through the reduction of roadway width and the minimization of disturbance
of roadside vegetation.
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C,
D,
6. All areas identified for protecffon by chapter 16.20 BIMC shall be located
within designated open space.
7. The short subdivision shall include a buffer of existing vegetation along a
property line where the land adjacent to the property line is a park or a future
park in a municipal plan. The purpose of this buffer is to visually screen
views of the short subdivision land from the park area. The buffer shall be
designed to provide visual screening at all times of the year.
8. A vegetative buffer shall be established adjacent to all scenic roads.
Open Space Requirements: Table II contains the minimum requirements for
open space areas which shall be included in all short subdivisions.
Zoning District:
R- 0.4
R-1
R - 2; R - 2.9; R - 3.5;
R-4.3.
Table II
Required percentage of
open space:
80%
60%
40%
Prioritization of Open Space Features: Table III ranks the relative desirability
of different types of open space, and should be used as the basis for determining
the optimum location for open space areas within a proposed project.
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Priority
(Ranking)
E,
Table III
Open Space Feature Notes
Critical Areas (as defined in
chapter 16.20 of this Code)
Existing Roadway Buffer
Areas
Pastures and Farmland
Significant Trees
Mature Vegetation on
Ridgelines
Trails and Greenways
Native Forests and Clearings
All Critical Areas and their
associated buffers shall be
preserved.
Roadway buffer areas
comprised of established mature
native vegetation.
Pastures and farmland
currently or traditionally
used in agriculture should
be preserved.
Significant trees identified
consistent with the standards
of the Landscaping Ordinance
should be preserved.
Mature vegetation found on
ridgelines of community
significance (as viewed
from off-site) should be
preserved.
Trails and greenways should
be preserved.
Where possible, native
forests and naturally occurring
clearings should be preserved.
Calculation of Open Space Area: For the purposes of this ordinance, the
calculation of open space area shall include all common public or privately held
open space areas, all provisions for the right-of-way for public i-oads and the
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F,
easement width for private roads, stormwater facilities, recreational areas, trail
and greenways, and areas protected consistent with chapter 16.20 BIMC.
Homesites and associated lots as identified in Section 17.12.080(D) and (F) shall
not be included in determining open space area. Open space areas located on
private lots and subject to open space easements and restrictions shall be
included in the calculation of open space area.
Open Space Ownership: Ownership of regulated open space shall be established
consistent with one of the following forms of ownership:
1. Private Ownership: Open space shall be established by easements, restrictive
covenants, or other similar legal means; or
2. Common Ownership: Open space shall be held in common by a home or
property owners association or other similar organization. For the purposes
of this ordinance, ownership of open space by a land trust, or other similar
conservancy organization shall be considered common ownership. Should
this ownership pattern be selected, appropriate covenant, conditions, and/or
restriction shall be required; or
3. Public Ownership: In certain circumstances the City may choose to accept
ownership of open space. Upon approval and acceptance by the City, open
space shall be dedicated to the public.
Open Space Management Plan: An Open Space Management Plan (OSMP)
shall be prepared by the applicant for review and approval by the City at the
time of the application for preliminary plat approval. The OSMP shall include
provisions for the periodic inspection of the subject open space by the City.
The OSMP shall include the following:
1. A list of all approved uses for the open space areas. Where a variety of
uses are permitted, the specific location of each use shall be depicted
graphically.
2. A management plan which clearly describes the frequency and scope of
maintenance activities.
3. An identification of the management entity responsible for the maintenance
of the open space areas.
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Maintenance of Open Space Areas: Open space areas shall be maintained
permanently by the property owner, the property owners association, or the City
for properties owned by the City. In the event that open space is not maintained
consistent with the OSMP,. the City shall have the right to provide the
maintenance thereof, and bill the owner accordingly. Such bill shall become
delinquent 20 days after the date of mailing, and the interest shall accrue on and
after the date of delinquency at 12% or the rate authorized by statute, whichever
is lower.
Landscape Standards: Landscaping shall be established consistent with the
requirements of chapter 18.85 BIMC.
Roads and Access Performance Standards:
1. Roads and access shall be consistent with the following performance
standards:
a. Connections to existing off-site roads which abut the subject property
shall be required where practicable, except through critical areas and/or
their buffers.
b. Pedestrian access onto the site shall be maximized in all proposed
projects. This may be accommodated through the provision of on-site
walkways, trails, paths or sidewalks which originate at the property
boundary.
c. Internal pedestrian circulation shall be facilitated through appropriately
scaled walkways, paths, trails or sidewalks. Special emphasis shall be
placed on providing pedestrian access to proposed recreational and/or
open space areas.
d. All roadways (and building sites) shall require stormwater management
provisions.
e. Where practical, existing roadway character shall be maintained. This
may be accomplished through the reduction of roadway width (provided
it is consistent with the code), the minimization of curb cuts, and the
preservation of roadside vegetation.
f. "City of Bainbridge Island Engineering, Design, and Development
Standards Manual" and Appendix A of Title 1-7.
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17.12.100
17.12.102
17.12.103
2. Variation from Road Requirements: A variation from the road requirements
and standards contained within the "City of Bainbridge Island Engineering,
Design, and Development Standards Manual" and Appendix A of Title 17
shall be permitted if such a reduction meets the purposes of this chapter, and
is approved by the City or the director, aPter recommendation by the city
engineer and the Fire Marshall.
Preliminary Short Subdivision - Application Fee
Upon submittal of the preliminary short subdivision application, the applicant shall
pay an application fee in an amount established by City resolution.
Preliminary Short Subdivision - Application Submittal
A. The property owner or his/her authorized agent may apply for a short
subdivision.
B. Appendix B(2) of Title 17 establishes and lists the various submittal
requirements. Revision of Appendix B(2) shall not constitute a revision of this
Section. The director may specify type, detail, and number of copies of
submittal requirements listed in Appendix B(2) for an application to be
complete. The director may waive specific submittal requirements determined
to be unnecessary for review of an application. The director may require
additional material such as, but not limited to, maps, studies or models when
the director determines such material is needed to accurately assess the
proposed project as long as the additional material has no impact on the
vesting requirements, and the director acts after the application is deemed
complete.
Notice Requirements
A. The department shall provide notifications (notice of complete application;
notice of application and public comment period; notice of public hearing, ira
public hearing is required; and notice of decision and appeal period) in
accordance with the notice requirements set forth in chapter 2.16.
B. If the short subdivision is adjacent to theright-of-way of a state highway or
within two miles of the boundary of a state or municipal airport, in addition to
the notice requirements of the above title not later than 10 days after the short
subdivision application is filed, the director shall provide noticeto the State
Secretary of Transportation.
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17.12.104
17.12.105
17.12.106
Preliminary Short Subdivision - Review Process.
The City's review of a preliminary short subdivision application is an
administrative decision and should be processed in accordance with chapter 2.16.
Such application is exempt from planning commission review under
Section 2.16.095.D.2.
Preliminary Short Subdivision - Review Process -
Review by the Bremerton-Kitsap County Health District.
A. Upon receipt of the application for preliminary short subdivision and
determination of completeness, the director shall transmit a copy of the
application to the Health District.
B. The Health District shall review the application to ascertain whether:
1. The proposal conforms to current standards regarding domestic
water supply and sewage disposal; and
2. If the proposal is not to be served by public sewers, if each lot has
sufficient area and soil, topographic and drainage characteristics to
permit an on-site sewage disposal system.
C. The Health District shall recommend approval or disapproval an application in
a timely manner sufficient to allow the City to comply with the requirements of
chapter 2.16. If at any time during the application process it appears that the
review time can not be met, it shall be the responsibility of the Health District
to advise the director of the reasons for the delay.
D. If the Health District recommends approval of the application with respect to
those items in subsection B, the Health District shall so advise the director.
E. If the Health District recommends disapproval the application, it shall provide
written explanation thereof to the director.
Preliminary Short Subdivision - Review Process -
Review by the Director
A. The director may approve, approve with modification or disapprove an
application for preliminary short subdivisions based on criteria in
Section 17.12.107.
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17.12.107
B. The director has 90 (ninety) calendar days from the filing of a complete
application in which to approve, disapprove or return the application to the
applicant for modification. This time period may be extended only with the
approval of the applicant. If no action can be taken to approve or disapprove
the application within the 90 (ninety) calendar days, the director must notify
the applicant and surveyor of the reasons for the delay and steps necessary to
complete the application for preliminary short subdivision.
C. If the director disapproves the application he or she shall provide a written
explanation thereof to the applicant and surveyor.
D. If an application for short subdivision is located adjacent to the right-of-way of
a state highway, the director shall give written notice of the application,
including a legal description of the short subdivision and a location map, to the
Department of Transportation. The Department of Transportation shall, within
15 days after receiving the notice, submit a statement to the director who
furnished the notice, including any information that the Department of
Transportation deems to be relevant about the effect of the proposed short
subdivision upon the legal access to the state highway, the traffic carrying
capacity of the state highway and the safety of the users of the state highway.
E. A preliminary short subdivision application is exempt from Planning
Commission review as set out in Section 2.16.095.D.2.
Preliminary Short Subdivision - Review Process -
Review by the Director - Decision Criteria
A. The director shall prepare written findings of fact and conclusions of law.
B. The director may approve or approve with modification an application for a
preliminary short subdivision if:
1. The preliminary short subdivision makes appropriate provisions for the
public health, safety and general welfare, and public use and interest,
including:
a. Highways, roads, streets, and other transit facilities;
b. Streets, including street names, traffic regulatory signs and mailbox
locations;
c. Transit stops; _
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d. Pedestrian facilities;
e. Other public ways leading to, and providing access to and within the
short subdivision;
f. Schools;
g. School grounds;
h. Open spaces established in a manner consistent with the requirements
of the flexible lot design process and applicable flexible lot standards;
i. Parks;
j. Recreation facilities;
k. Playgrounds;
1. Fire and emergency vehicle access;
m. Fire flow;
n. Drainage and stormwater facilities;
o. Water supplies, including potable water;
p. Sanitary waste.
2. The preliminary residential short subdivision has been prepared consistent
with the requirements of the flexible lot line process and applicable flexible
lot standards;
3. Any portion of a short subdivision which contains an environmentally
sensitive area, as defined in chapter 16.20 BIMC conforms to all
requirements of that ordinance;
4. The short subdivision reasonably maintains and protects productive
agricultural uses in the vicinity of the property, including complying with
chapter 16.20.181 B IMC;
5. 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, codi~ed in chapter 15.20 of the City of
Bainbridge Island Municipal Code;
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D,
6. The preliminary short subdivision design is compatible with the physical
characteristics of the proposed short subdivision site;
7. The proposal complies with all applicable provisions of this code, chapters
RCW 58.17 and 36.70A, and all other applicable provisions of state and
federal laws and regulations;
8. The proposal is in accord with the City's Comprehensive Plan;
9. Wherever feasible, the preliminary plat design includes measures to
minimize clearing, with priority given to maintenance of existing vegetation
and re-vegetation is incorporated into the preliminary plat design when
possible; and
10. The preliminary short subdivision meets road and stormwater management
requirements.
A proposed short subdivision shall not be approved unless written findings are
made that the public use and interest will be served by the platting of such
short subdivision.
In making a determination of approval, approval with modifications or
disapproval using the criteria in subsection A and B above, the following
additional factors without limitation will also be considered:
1. All public and private facilities and improvements on and off the site
necessary to provide for the proposed short subdivision will be available
when needed;
2. 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;
3. 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;
4. 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
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5. 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.
Preliminary Short Subdivisions- Review Process -
Review by the City Engineer
A. Upon receipt of the application and determination of completeness, the director
shall transmit a copy of the application to the City engineer.
B. The City engineer shall review the application and ascertain whether:
1. The proposal conforms to regulations concerning drainage (chapter 15.20
BIMC).
2. The proposal will cause an undue burden on the drainage basin or water
quality or will unreasonably interfere with the use and enjoyment of
properties downstream.
3. The streets in the location as proposed align with and are otherwise
coordinated with streets serving adjacent properties.
4. The streets as proposed are adequate to accommodate anticipated traffic.
5. The application conforms to the requirements of this chapter and the
standards in the "City of Bainbridge Island Engineering Design and
Development Standards Manual" and Appendix A of Title 17.
C. The City engineer shall review the application..
D. The City engineer shall recommend approval or disapproval of the preliminary
short subdivision application with regard to subsections B(1) through (5) of
this Section. The City engineer shall signify his recommendation of approval
by providing a memorandum to the director which includes any conditions of
approval.
E. If the City engineer recommends disapproval of the application, he or she shall
provide a written explanation to the director.
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17.12.109
17.12.110
17.12.111
Preliminary Short Subdivision Approval - Authorization
Approval of the preliminary short subdivision shall constitute authorization for the
subdivider to develop the subdivision's facilities and improvements in strict
accordance with standards established by this chapter and any conditions imposed.
Preliminary Short Subdivision Approval- Expiration
A final short subdivision application meeting all of the requirements of this chapter
shall be filed within five years of the date of preliminary short subdivision approval.
If the application is not filed within the five-year period, the preliminary short
subdivision approval shall expire and shall be void. The five-year period shall
apply to all preliminary short subdivision approvals granted by the City which had
not expired on July 23, 1995, and to all preliminary short subdivisions approvals
granted after that date.
Final Short Subdivision - Submittal Requirements
The final short subdivision application shall be consistent with Appendix B(2) of
Title 17.
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Final Short Subdivision - Duties of Surveyor
A. All final short subdivisions shall be prepared by a land surveyor registered
pursuant to RCW 18.43 and shall be surveyed in accordance with current state
regulations.
B. All legal descriptions for short subdivisions shall be prepared by or under the
direction of a registered land surveyor.
C. All short subdivisions shall contain the following certificate:
I, , registered as a professional land surveyor by the
State of Washington, certify that this Short Subdivision is based on an actual
survey of the land described herein, conducted by me or under my supervision,
during the period of ,19 , through ,19 , that the
distances, courses, and angles shown hereon correctly; and the lot corners have
been staked on the ground as depicted hereon.
D. The lot corners shall be marked by three-quarter-inch galvanized iron pipe or
like permanent marker and wooden locator stakes. The material used to mark
the corners shall be described upon the short subdivision. '
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17.12.116
Final Short Subdivision - Application Fee
Upon submittal of the final short subdivision application, the applicant shall pay the
appropriate fee as established by the City by resolution.
Final Short Subdivision - Review and Recommendation
A. The City engineer shall review the final short subdivision to determine the
compliance with the requirements of RCW 58.17.160 and forward
recommendations for approval or disapproval to the department. If the City
engineer recommends disapproval of the application, a written explanation
shall be provided to the director. The City engineer shall recommend approval
of the final short subdivision if:
1. The final short subdivision meets all standards established by state law and
this chapter.
2. The final short subdivision is in conformance with all terms and conditions
of the preliminary short subdivision.
3. The final short subdivision bears the certificates and statements of approval
required by this chapter.
B. The Health District when appropriate shall review the final short subdivision
and forward recommendations for approval or disapproval to the department.
C. The director shall approve or disapprove an application for final short
subdivision. Each and every preliminary short subdivision submitted for final
approval to the department shall be accompanied by recommendations for
approval or disapproval from the City engineer in accordance with Section
17.12.116.A.
1. If the application does conform, the director shall signify his or her approval
by subscribing the approval line on the face of the short subdivision.
2. If the director disapproves the application, a written explanation shall be
provided to the applicant and surveyor.
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17.12.118
17.12.120
17.12.130
17.12.140
17.12.150
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Final Short Subdivision - Standards
A. A short subdivision shall conform to the applicable zoning standards of the City
of Bainbridge Island zoning ordinance, codified in Title 18.
B. A residential short subdivision shall conform to the applicable flexible lot
standards.
C. Each lot in a residential short subdivision shall be provided with satisfactory
access established consistent with the requirements of the flexible lot design
process and standards of the flexible lot.
Dedications.
In order to meet the public interest, the director or the City engineer may condition
approval of the short subdivision upon dedications to the City of drainage ways,
other public ways, water supplies, sanitary waste facilities, parks, playgrounds,
sites for schools, school grounds, and other needs of the public.
(See Chapter 12.80.)
Final Short Subdivision Approval - Time Limit
Final short subdivision shall be approved, disapproved or returned to the applicant
within 30 (thirty) working days from the date of filing a complete application,
unless the applicant consents to an extension of such time period.
Appeal
Any person wishing to appeal the granting or denial of an application for short
subdivision shall follow the appeal procedure as set forth in chapter 2.16 BIMC.
Amendment of Proposal
When an application is disapproved, an applicant shall have 180 (one hundred and
eighty) working days following transmittal by the director to the applicant of the
reasons for disapproval in which to file an amended application to remedy the
matters which led to the disapproval. Upon receipt of such an amended
application, the application shall be reviewed as set forth in Sections 17.12.104,
17.12.105, 17.12.106, 17.12.107 and 17.12.108. If an applicant files no such
amended application within the period allowed, the application shall be considered
denied.
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17.12.160
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17.12.190
Amendment to Approved Short Subdivision
A short subdivision which has been approved and recorded may be amended upon
application of the owners of all lots which are being amended. The contents and
procedure for an amended application shall be that for an application in the first
instance, excepting that minor alterations regarding homesite location and/or open
space usage shall be approved administratively consistent with the procedures and
requirement of chapter 2.16.
Certification by Treasurer
Upon request of the City or the applicant for a short subdivision, the county
treasurer, if no property taxes are owing upon the real property, shall so certify by
subscribing the certification line upon the face of the short subdivision.
Filing of Short Subdivision
No short subdivision shall be presented to or accepted for filing with county
auditor unless the face of the short subdivision contains the approval of the
director, pursuant to Section 17.12.107 and the certification of the treasurer
pursuant to Section 17.12.170.
Declaration Regarding Further Subdivision
A. Land in a short subdivision may not be further divided in any manner within a
period of five years after the recording of the final short subdivision without
the filing of a final short subdivision, except that when the short subdivision
contains fewer than four parcels, nothing in this Section shall prevent the
owner from filing an alteration within the five-year period to create up to a
total of four lots within the original short subdivision boundaries.
B. Short subdivisions shall not be used, either by a person alone or by persons
acting together, at one time or over a period of time, as a means to circumvent
compliance with the more stringent subdivision requirements which control the
subdivision of land into five or more lots. When an application for a short
subdivision is filed within five years after the approval of a short subdivision on
a contiguous land parcel, a presumption of an attempt to circumvent short
subdivision requirements may be invoked by the director as a basis for further
investigation to assure compliance with the intent of this provision.
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17.12,200
Disclaimer As
17.12.210
17.12,220
to Streets
Streets within a short subdivision shall not be maintained by the City unless such
streets have been improved to current City standards and have been accepted as
part of the approved short subdivision. Therefore, unless accepted, the
responsibility for maintenance shall lie with the owners of the lots. In such case,
the face of each short subdivision shall contain the following disclaimer:
Responsibility and expense for maintenance of streets serving lots within this short
subdivision (unless such roads have been accepted by the City) shall rest with the
lot owners.
Development of Illegally Divided Land
No building permit or development permit of any sort shall be issued for lots
created in violation of this chapter; provided, an innocent purchaser for value may
obtain permits needed for development upon application to the hearing examiner
after notice where such purchaser shows the following:
A. The lot was purchased at a market value not reflecting the illegal division; and
B. The purchaser exercised reasonable diligence but did not know of the illegal
division; and
C. The public interest will not suffer.
Special Requirements for Environmentally Sensitive Areas
A. Any portion of a short subdivision which contains an environmentally sensitive
areas as defined in chapter 16.20 must conform to all requirements of that
chapter.
B. When appropriate, in accordance with RCW 36.70A.060, the final short
subdivision 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.
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17.12.230
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17.12.250
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Final Subdivision - Assurance Device
In lieu of completion of improvements with conditions of a preliminary short plat
approval, the City council may accept an assurance device, other than a bond, in an
amount and in a form determined by the City council, which secures and provides
for the actual construction and installation of the improvements or the performance
of the conditions within one year, or such additional time as the City council
determines is appropriate after final plat approval. In addition, the City council
shall require an assurance device, including a bond, securing the successful
operation of improvements for one year after City' s acceptance of the
improvements, provided that the City council may, upon recommendation of the
City engineer or the director, extend the term of the assurance device for up to two
years for improvements that will not demonstrate compliance with construction or
installation requirements within one year.
Penalty
Any person, firm or corporation violating any provision of this chapter shall be
guilty of a gross 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 chapter is committed, continued or.permitted.
Upon conviction of any violation of this chapter, such person, firm or corporation
shall be punished by a fine of not more than $5,000 or imprisonment for not more
than one year, or by both such fine and imprisonment.
Enforcement by Civil Action
A. Whenever any parcel of land is divided into five or more lots, tracts, or parcels
of land contrary to the provisions of this chapter and any person, firm or
corporation or any agent of them sells or transfers, or offers or advertises for
sale or transfer, any such lot, tract, or parcel without having a final plat of such
short subdivision filed for record, the City attorney may commence an action to
restrain and enjoin further subdivisions or sales, or transfers, or offers of sale
or transfer and compel compliance with all provisions of this chapter. The
costs of such action shall be taxed against the person, firm, corporation or
agent selling or transferring the property.
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17.12,260
B. Whenever land within a short subdivision granted final approval is used in a
manner or for a purpose which violates any provision of this chapter or any
term or condition of short subdivision approval prescribed for the short
subdivision by the City, the City attorney may commence action to restrain and
enjoin such use and compel compliance with the provisions of this chapter or
with such terms and conditions. The costs of such action may be taxed against
the violator.
Construction
This chapter shall be liberally interpreted and construed to secure the public health,
safety, morals and welfare and the rule of strict construction shall have no
application.
Section 3. chapter 17.16 of the Bainbridge Island Municipal Code is repealed and replaced as
follows:
17.16.010
17.16.020
Compliance
All large lot subdivisions, as defined in Section 17.16.040, shall comply with this
chapter.
Purpose
The purpose of this chapter is to regulate the large lot subdivision of land and to
promote the public health, safety and general welfare of the citizens of the City in
accordance with state law and the City's comprehensive plan. To carry out this
purpose for the large lot subdivision of land for residential uses, this chapter
establishes a flexible lot process, which will facilitate the fair and predictable
division of land, maintain the current character of the City, and provide for greater
flexibility in the division and establishment of residential lots. A further purpose of
this chapter is to prevent the overcrowding of land; to lessen congestion in the
streets and highways; to provide for adequate light and air; to facilitate adequate
provision for water, sewage, storm water drainage, parks and recreation areas,
sites for schools and school grounds and other public requirements; to provide for
proper ingress and egress; to provide a variety of housing opportunities; and to
maintain the quality of life of the City. Through this chapter, the City will
accomplish uniform monumenting of land large lot subdivision and conveyancing
by accurate legal description.
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17.16,030
Exclusions
This chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Division of land into lots or tracts classified for industrial or commercial use
when the City has approved a binding site plan for the use of the land in
accordance with City ordinance;
D. A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers is permitted to be placed upon the land when
the City has approved a binding site plan for the use of the land in accordance
with City ordinance;
E. A division made pursuant to chapter 17.20 of this code relating to boundary
line adjustments, 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;
F. Divisions of land into lots or tracts if: (1) the improvements constructed or to
be constructed thereon will be included in one or more condominiums or are
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; (2) the City has approved a binding site plan for all such
!and; and (3) 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 or more condominiums or owned by an
association or other legal entity in which the owners of units herein or their
owners' 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"; and
G. A division caused by condemnation or by acquisition by a government entity in
lieu of condemnation.
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17.16.040
17.16.050
Definitions
A "Large Lot Subdivision" is the division or redivision 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 acres or 1/128 of a Section (whichever is smaller). Provided that
this shall not include division or redivisions of land where all parcels are greater
than 20 acres or 1/32 of a Section.
The definitions in chapter 17.04 shall apply to this chapter.
Subdivisions - Process Overview
A. All residential large lot subdivisions shall be designed consistent with the
Flexible Lot Design Process and the Flexible Lot Standards described herein.
The large lot subdivision process as established by this chapter and the flexible
lot design process for residential large lot subdivisions as incorporated herein
provides opportunities for the identification and preservation of areas of
aesthetic, environmental, and/or cultural significance located within the
community and helps to maintain visual qualities and the character of the
island. The flexible lot 'design methodology described herein allows for greater
flexibility in the location and establishment of residential lots and associated
infrastructure and is intended to provide a fair and predictable process for the
development of land.
B. For the purposes' of this chapter, large lot subdivisions proposed to exclusively
accommodate commercial and industrial uses shall be exempt from the
requirements of the flexible lot design process, provided that they are
established in strict compliance with all applicable provisions of this code. The
large lot subdivision process for commercial and industrial large lot
subdivisions shall be consistent with the procedures and standards established
by this ordinance and follows the steps described in subsection C of this
Section.
C. All large lot subdivision applications shall follow the following steps:
1. Proposed site plan(s) and additional information as required by this
ordinance and Appendix B(3) of Title 17 for the project are submitted for a
preapplication consultation with the department staff members. Specific
guidance on how to refine the proposed site plan to meet the requirements
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of the BIMC is received by the applicant from the staff members at this
conference.
2. A refined proposed site plan consistent with the submittal requirements of
this ordinance and additional materials as required by the director are
submitted for the preliminary large lot subdivision application review
process.
3. An application for preliminary large lot subdivision is considered complete
and is filed by the City if it satisfies the submittal requirements set forth in
Section 17.16.090.
4. The preliminary large lot subdivision application is reviewed consistent
with Sections 17.16.095, 17.16.100, 17.16,110, 17.16.120 and 17.16.130
as described in chapter 2.16 BIMC. The preliminary large lot residential
subdivision application shall also be consistent with Sections 17.16.070.
5. The application for a preliminary large lot subdivision is reviewed by the
director.
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6. Following the determination by the director that the application is
complete, a copy of the preliminary large lot subdivision application is
forwarded to the city engineer. The city engineer will approve or
disapprove the application within 30 (thirty) calendar days and will provide
a written explanation to the director of the decision made.
7. The director will approve, approve with modifications or disapprove the
preliminary large lot subdivision within 90 (ninety) calendar days from the
date of filing a complete application.
8. At any time within five (5) years following the date of the preliminary large
lot subdivision approval by the director, the subdivider may submit the
original of a proposed final large lot subdivision consistent with the final
large lot subdivision submittal requirements of this chapter.
9. The final large lot subdivision application will be reviewed by the director,
the Health District and by the city engineer within 30 (thirty) working days
from the date of filing of the filing of a complete application.
10. The final large lot subdivision will not be officially approved until recorded
by the City.
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17.16.063
17.16.065
11. The approved final large lot subdivision shall conform to Section 17.16.190
and to applicable zoning standards of the City, codified in Title 18.
Preliminary Subdivision - Design Assistance
A. The large lot subdivision process shall provide opportunities for owners of land
and their representatives to receive design assistance from the department's staff
members prior to formal submittal of an application.
B. Flexible Lot Design Handbook: A Flexible Lot Design Handbook shall be
prepared by the director to assist applicants in the preparation of flexible
subdivision designs and applications for residential large lot subdivisions. The
Flexible Lot Design Handbook shall not be part of this ordinance and shall
contain no requirements separate from the text of this chapter. The applicant for
a residential large lot subdivision is encouraged to prepare a proposed or "first
draft" site plan following the steps described in the Flexible Lot Design
Handbook.
C. Preapplication Consultation: A preapplication consultation shall be required prior
to preliminary large lot subdivision review for all large lot subdivisions. In order
to facilitate the preapplication consultation for residential large lot subdivisions, a
prospective applicant shall arrange for the proposal to be reviewed by submitting
copies of at least one proposed or "first draft" site plan prepared in accordance
with Flexible Lot Design methodology to the department prior to submission of
an official large lot subdivision application. There shall be a fee for
preapplication consultation which includes design and administrative assistance.
The amount of the fee shall be established by City resolution. This fee will be
credited to the applicant upon submission of a preliminary large lot subdivision
application. Preapplication consultation shall not include extensive field
inspection or correspondence.
Preliminary Residential Subdivision - Flexible Lot Design -
- Preparation of Maps, Site Plans and Studies
The following maps, site plans and studies shall be prepared for proposed residential
large lot subdivisions and shall be submitted to the City at the time of the
preapplication consultation:
A. Base Map: Prepared consistent with Appendix B(3) of Title 17.-
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Aerial Photograph: Consistent with Appendix B(3) of Title 17.
Site Inventory Map: Prepared consistent with Appendix B(3) of Title 17.
Proposed Site Plan: Elements of the plan consistent with the following
requirements:
1. Identification of Open Space Location(s): Open space areas shall be
established as required pursuant to Section 17.16.070. The location of open
space areas on a proposed site plan shall meet the open space performance
standards contained within Section 17.16.070(B), the open space size
requirements within Section 17.16.070(C) and the prioritization of open
space features co ntained within S ecti on 17.16.070(D).
2. Identification of Residential Homesite Locations: The location of residential
homesites on a proposed site plan shall be facilitated through the use of a
homesite ternplate as a planning tool. This design methodology contributes
to the timely development of alternative site configurations; reduces the
potential for adverse environmental impacts; enhances opportunities for
integrating meaningful open space into a project; and contributes to efficient
infrastructure design. Homesite templates do not mandate lot configuration,
but allow the applicant during the design phase to insure that an adequate
area has been designated to permit residential development.
a. Minimum Homesite Template - Area: To assist in preliminary planning of
a residential large lot subdivision, the minimum dimension for a homesite
template contained in Table I shall be used. These dimensions represent
a typical minimum area required to establish a residence and/or associated
outbuildings exclusive of provisions for access, utilities, wastewater
disposal, and stormwater management. No maximum dimension has been
established for homesite ternplate size as applicable land use density
regulations in conjunction with the open space requirements contained
within this Section will provide site-specific limitations for development
coverage on a case by case basis. The homesite template does not include
other uses of the resulting lot such as, but not limited to, gardens,
pastures, orchards, etc.
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Homesite Template
Minimum Diameter
50 feet
Table I
Homesite Template
Minimum Area
1,962 square feet
NOTE I: THE ABOVE-REFERENCED MINIMUM DOES NOT INCLUDE
AREA FOR SEPTIC SYSTEMS.
NOTE II: HOMESITE TEMPLATE IS A PLANNING TOOL AND ITS
MINIMUM DIMENSIONS ARE NOT CONDITIONS OF APPROVAL
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b. Homesite Templates - Location: homesite templates shall be located in
such a manner as to avoid placement of any portion of a template within
those areas identified and graphically portrayed as "no-build" zones or
areas in which development may not occur, such as but not limited to
Critical Areas and their associated buffers, wellhead protection areas,
dedicated open space. Portions ofa template may include areas
containing "restricted building zones" or areas in which development may
occur with restrictions, such as but not .limited to those containing
significant trees and established vegetation. Homesite templates shall not
be located within any proposed individual or community wellhead
protection area, drainfield, and/or reserve drainfield unless specifically
approved by the Health District.
c. Homesite Templates - Maximum Number: The number of homesite
templates permitted for a subject property shall not exceed the maximum
density provisions of the City' s Comprehensive Plan or the City's Zoning
Code. Furthermore, for those properties for which the applicant is
seeking to include the area of a wetland in the density calculation, the
requirements of Section 16.20.090 BIMC shall be satisfied. The
applicant shall enter into a third party contract with the consultant and
the City to retain a wetland biologist to address the requirements of
Section 16.20.090 BIMC.
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d. Homesite Templates - Changed Conditions: The large lot subdivision
process requires that all lots which are platted shall legally conform to
bulk and dimensional requirements of the code at the time of approval.
Should conditions change, the location of a homesite template on a plat
does not guarantee that the resulting homesite or lot will permit
development, and does not waive, modify, or negate other applicable land
use processes and/or building permit requirements.
Reasonable Economic Use Exception: In the case where no homesite
template can be located on a subject property, large lot subdivision shall
not be permitted. Development of the subject property shall be facilitated
consistent with the requirements of Section 16.20.090 (J) Reasonable
Economic Use Exception.
Location of Individual or Community Water Supply Systems: The location
of any proposed individual or community well(s) and/or water system(s) for
the subject property, and associated wellhead protection areas as required by
the Health District shall be graphically indicated on a copy of the base map,
or as an overlay attachment to the base map (providing that the overlay is
prepared on a transparent material). Maintenance access to the proposed
wellhead or water system and all areas to be cleared for a wellhead shall also
be identified.
Location of Individual or Community Septic Systems: The location of any
proposed individual or community drainfields for the subject property and
associated reserve drainfields as required by the Health District shall be
graphically indicated on a copy of the base map, or as an ove~ay attachment
to the base map (providing that the overlay is prepared on a transparent
material). Maintenance access to proposed drainfields shall also be
identified.
Provision of Roads and Access: Roads and access consistent with the
requirements of the City of Bainbridge Island Public Works Design and
Procedures Manual and the requirements of this code shall be provided to all
proposed lots consistent with the standards contained within this subsection.
Roads and access proposed consistent with the requirements of this
subsection shall be graphically indicated on a copy of the base map, or as an
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17.16.070
overlay attachment to the base map (providing that the overlay is prepared on
a transparent material).
The preparation of alternative configurations for all the above elements of the
proposed site plan for the subject property shall be encouraged. Alternative
configurations shall be graphically indicated on a copy of the base map, or as an
overlay attachment to the base map (providing that the overlay is prepared on a
transparent material).
E. Composite Site Plan: A composite site plan shall be prepared. Composite site
plans are comprised of the assembly or printing of multiple ove~ay layers on the
base map. The purpose of preparing a composite site plan is to help the
applicant and the City determine which portions of a subject property are best
suited to accommodate homesites, infrastructure, and open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements of
this Section for homesite placement, community water or septic location (if
applicable), open space provisions, and road and accessway location.
2. The composite site plan shall be graphically indicated on a copy of the base
map, or as an overlay attachment to the base map (providing that the overlay
is prepared on a transparent material).
F. Establishment of Lot Lines: Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the subject property.
Homesite template shall be clearly indicated within each lot. Lot lines shall not
cross any homesite template. Preliminary lot lines are intended for review and
discussion at the preapplication consultation. Subsequent to the preapplication
consultation, all proposed revisions shall be made prior to application submittal
for preliminary large lot subdivision.
Flexible Lot - Standards
A. Development Standards.
Subdivisions established pursuant to the flexible lot design process shall be
subject to the following development standards:
Minimum lot size requirements:
5,000 square feet if septic
located outsidi~ of the lot
(subject to Note i below).
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Notes: i.
Note ii.
12,500 square feet or as
specified by the Health District
if septic located within the lot
(subject to Note i and ii below).
Larger minimum size may be required to
accommodate development in critical areas.
Larger minimum lot size may be required by
the Health District in order to accommodate
on-site septic systems.
Lot setback and dimensional requirements.3
Building to Building (on-site):
Building to Exterior Property Line:
Minimum 10 feet separation
Minimum 15 feet
Minimum 25 feet (R 0.4 only)
Building to Right of way:
Arterial (SR 305)
Arterial (other)
Collector
All others
Not less than 75 feet setback
Not less than 40 feet setback
Not less than 35 feet setback
Minimum 15 feet setback
Building to Trail, Open Space
Minimum 10 feet setback
3 Excepting those buffers established pursuant to Environmentally Sensitive or Critical Area Review. the requirements of the
Shoreline 3danagement Act, conditioned by SEPA review. or required for public health or safe,ty reasotr~.
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Minimum Lot Width
50 feet measured at the
minimum lot width
measurement line (for
properties subject to review
pursuant to the Shoreline
Management Master Plan, the
minimum lot width shall be
50 feet measured as required by
the Shoreline Management
Master Program)
Maximum Lot Coverage
The maximum lot coverage
specified in Title 18 for the
entire lot that is the subject of
the large lot application, a
portion of which is and
assigned to each lot at time of
final large lot subdivision.
3. All building sites shall require stormwater management
provisions.
B. Open space shall be established consistent with the following performance
standards:
1. Open space shall be established to preserve the natural character of the City.
2. Where practical, open space shall be concentrated in large usable areas.
3. Where possible, open space shall connect to adjacent off-site open space
areas and designated greenways.
4. Where possible, open space shall be designed to preserve views from off-site
of the subject property, mature vegetation on ridgelines.
5. Where possible, the island character of the roadways shall be maintained
through the reduction of roadway width and the minimization of disturbance
of roadside vegetation.
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D,
6. All areas identified for protection by chapter 16.20 BIMC shall be located
within designated open space.
7. The large lot subdivision shall include a buffer of existing vegetation along a
property line where the land adjacent to the property line is a park or a future
park in a municipal plan. The purpose of this buffer is to visually screen
views of the large lot subdivision land from the park area. The buffer shall be
designed to provide visual screening at all times of the year.
8. A vegetative buffer shall be established adjacent to all scenic roads.
Open Space RequirementS: Table II contains the minimum requirements for
open space areas which shall be included in all large lot subdivisions.
Table II
Zoning District: Required percentage of
open space:
R- 0.4 80%
R- 1 60%
R - 2; R - 2.9; R - 3.5; 40%
R-4.3.
Prioritization of Open Space Features: Table I~ ranks the relative desirability
of different types of open space, and should be used as the basis for determining
the optimum location for open space areas within a proposed project.
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Priority
(Ranking)
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Table IIl
Open Space Feature
Notes
Critical Areas (as defined in
chapter 16.20 of this Code)
Existing Roadway Buffer
Areas
Pastures and Farmland
Significant Trees
Mature Vegetation on
Ridgelines
Trails and Greenways
All Critical Areas and their
associated buffers shall be
preserved.
Roadway buffer areas
comprised of established mature
native vegetation.
Pastures and farmland
currently or traditionally
used in agriculture should
be preserved.
Significant trees identified
consistent with the standards
of the Landscaping Ordinance
should be preserved.
Mature vegetation found on
ridgelines of community
significance (as viewed
from off-site) should be
preserved.
Trails and greenways should
be preserved.
7
Native Forests and Clearings
Where possible, native
forests and naturally occurring
clearings should be preserved.
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E. Calculation of Open Space Area: For the purposes of this ordinance, the
calculation of open space area shall include all common public or privately held
open space areas, all provisions for the right-of-way for public roads and the
easement width for private roads, stormwater facilities, recreational areas, trail
and greenways, and areas protected consistent with chapter 16.20 BIMC.
Homesites and associated lots as identified in Section 17.16.065 (F) shall not be
included in determining open space area. Open space areas located on private
lots and subject to open space easements and restrictions shall be included in the
calculation of open space area.
F. Open Space Ownership: Ownership of regulated open space shall be established
consistent with one of the following forms of ownership:
1. Private Ownership: Open space shall be established by easements, restrictive
covenants, or other similar legal means; or
2. Common Ownership: Open space shall be held in common by a home or
property owners association or other similar organization. For the purposes
of this ordinance, ownership of open space by a land trust, or other similar
conservancy organization shall' be considered common ownership. Should
this ownership pattern be selected, appropriate covenant, conditions, and/or
restriction shall be required; or
3. Public Ownership: In certain circumstances the City may choose to accept
ownership of open space. Upon approval and acceptance by the City, open
space shall be dedicated to the public.
G. Open Space Management Plan: An Open Space Management Plan (OSMP)
shall be prepared by the applicant for review and approval by the City at the
time of the application for preliminary plat approval. The OSMP shall include
provisions for the periodic inspection of the subject open space by the City.
The OSMP shall include the following:
1. A list of all approved uses for the open space areas. Where a variety of
uses are permitted, the specific location of each use shall be depicted
graphically.
2. A management plan which clearly describes the frequency and scope of
maintenance activities.
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3. An identification of the management entity responsible for the maintenance
of the open space areas.
Maintenance of Open Space Areas: Open space areas shall be maintained
permanently by the property owner, the property owners association, or the City
for properties owned by the City. In the event that open space is not maintained
consistent with the OSMP, the City shall have the right to provide the
maintenance thereof, and bill the owner accordingly. Such bill shall become.
delinquent 20 days aRer the date of mailing, and the interest shall accrue on and
aeter the date of delinquency at 12% or the rate authorized by statute, whichever
is lower.
Landscape Standards: Landscaping shall be established consistent with the
requirements of chapter 18.85.
Roads and Access Performance Standards:
1. Roads and access shall be consistent with the following performance
standards:
a. Connections to existing off-site roads which abut the subject property
shall be required where practicable, except through critical areas and/or
their buffers.
b. Pedestrian access onto the site shall be maximized in all proposed
projects. This may be accommodated through the provision of on-site
walkways, trails, paths or sidewalks which originate at the property
boundary.
c. Internal pedestrian circulation shall be facilitated through appropriately
scaled walkways, paths, trails or sidewalks. Special emphasis shall be
placed on providing pedestrian access to proposed recreational and/or
open space areas.
d. All roadways (and building sites) shall require stormwater management
provisions.
e. Where practical, existing roadway character shall be maintained. This
may be accomplished through the reduction of roadway width (provided
it is consistent with the code), the minimization of curb cuts, and the
preservation of roadside vegetation.
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17.16.080
17.16.090
17.16.095
F. "City of Bainbridge Island Engineering, Design, and Development
Standards Manual" and Appendix A of Title 17,
2. Variation from Road Requirements: A variation from the road requirements
and standards contained within the "City of Bainbridge Island Engineering,
Design, and Development Standards Manual, and Appendix A of Title 17
shall be permitted if such a reduction meets the purposes of this chapter, and
is approved by the City or the director, after recommendation by the city
engineer and the Fire Marshall.
Preliminary Subdivision - Application Fee
Upon submittal of the preliminary large lot subdivision application, the applicant
shall pay an application fee as required by this chapter in an amount established by
City resolution.
Preliminary Subdivision - Application Submittal
A. The property owner or his/her authorized agent may apply for a large lot
subdivision.
B. Appendix B(3) of Title 17 establishes and lists the various submittal
requirements. Revision of Appendix B(3) shall not constitute a revision of this
Section. The director may specify type, detail, and number of copies of
submittal requirements listed in Appendix B(3) for an application to be
complete. The director may waive specific submittal requirements determined
to be unnecessary for review of an application. The director may require
additional material such as, but not limited to, maps, studies or models when
the director determines such material is needed to accurately assess the
proposed project as long as the additional material has no impact on the
vesting requirements, and the director acts a~er the application is deemed
complete.
Preliminary Large Lot Subdivision - Review .Process
The City's review of a preliminary large lot subdivision application is an
administrative decision and should be processed in accordance with chapter 2.16.
Such application is exempt from planning commission review under
Section 2.16.095.D.2.
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Preliminary Large Lot Subdivision -
Review by the Bremerton-Kitsap County Health District.
A. Upon receipt of the application for preliminary large lot subdivision and
determination of completeness, the director shall transmit a copy of the
application to the Health District.
B. The Health District shall review the application to ascertain whether:
1. The proposal conforms to current standards regarding domestic water
supply and sewage disposal; and
2. If the proposal is not to be served by public Sewers, if each lot has
sufficient area and soil, topographic and drainage characteristics to
permit an on-site sewage disposal system.
C. The Health District shall recommend approval or disapproval an application in
a timely manner sufficient to allow the City to comply with the requirements of
chapter 2.16. If at any time during the application process it appears that the
review time can not be met, it shall be the responsibility of the Health District '
to advise the director of the reasons for the delay.
D. If the Health District recommends approval of the application with respect to
those items in subsection B, the Health District shall so advise the director.
E. If the Health District recommends disapproval the application, it shall provide
written explanation thereof to the director.
Preliminary Large Lot Subdivision - Review Process -
- Review by the City Engineer
A. The City engineer shall review the application and ascertain whether:
1. The proposal conforms to regulations concerning drainage (Chapter 15.20
of this code);
2. The proposal will cause an undue burden on the drainage basin or water
quality or will unreasonably interfere with the use and enjoyment of
properties downstream;
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3. The streets in the location as proposed align with and are otherwise
coordinated with streets serving adjacent properties;
4. The streets as proposed are adequate to accommodate anticipated traffic;
5. The application conforms to the requirements of this chapter and the
standards in the "City of Bainbridge Island Engineering Design and
Development Standards Manual" and Appendix A of Title 17, except as
provided in Section 17.16.070.J.2.
B. If the city engineer recommends approval of the preliminary application with
respect to those items (1 through 5) in subsection A above, the city engineer
shall signify his or her recommendations of approval by providing a letter to the
director which will include any conditions of approval.
C. In making the analyses required by items 1 through 5 of subsection A above, the
city engineer shall assume that each lot within the proposed large lot
subdivision will be divided at some time in the future and, therefore, the
engineer may take such contingency into account in approving or disapproving
an application.
D. If the city engineer recommends disapproval the application, a written
explanation shall be provided to the director.
Preliminary Large Lot Subdivision - Review Process -
Review by the Director
A. The director shall review the application to ascertain if the proposed plat
conforms to the following:
1. Zoning ordinance;
2. Comprehensive plan;
3. Shoreline management regulations;
4. Environmentally sensitive areas ordinance;
5. The applicable standards and requirements of the flexible lot process;
6. All other applicable provisions of the Bainbridge Island Municipal Code.
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17.162130
B. If the director disapproves the application or approves it subject to conditions, a
written statement of findings and conclusions shall be prepared which supports
the disapproval or need for the conditions.
C. The director may approve, approve with modification or disapprove an
application for preliminary short subdivisions based on criteria in
Section 17.16.100, Section 17.16110, Section 17.16.120(A) above and Section
17.16.130.
D. The director has 90 (ninety) calendar days from the filing of a complete
application in which to approve, disapprove or return the application to the
applicant for modification. This time period may be extended only with the
approval of the applicant. If no action can be taken to approve or disapprove
the application within the 90 (ninety) calendar days from the filing of a
complete application, the director must notify the applicant and surveyor of the
reasons for the delay and steps necessary to complete the application for
preliminary large lot subdivision.
E. If the director disapproves the application he or she shall provide a written
explanation thereof to the applicant and surveyor.
F. If an application for large subdivision is located adjacent to the right-of-way of
a state highway, the director shall give written notice of the application,
including a legal description of the short subdivision and a location map, to the
Department of Transportation. The Department of Transportation shall, within
15 days after receiving the notice, submit a statement to the director who
furnished the notice, including any information that the Department of
Transportation deems to be relevant about the effect of the proposed large lot
subdivision upon the legal access to the state highway, the traffic carrying
capacity of the state highway and the safety of the users of the state highway.
G. A preliminary large lot subdivision application is exempt from Planning
Commission review as set out in Section 2.16.095.D.2.
Preliminary Large Lot Subdivision - Review Process -
Large Lot Subdivision Standards
A. A large lot subdivision shall conform to the applicable zoning standards and
other regulatory ordinances of the City, and the City's comprehensive plan.
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17.16.160
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B. Each lot in a large lot subdivision shall be provided with satisfactory access by
means of a public or private street leading to an existing, developed publicly
owned street.
C. All street rights-of-way within the large lot subdivision shall be dedicated to
the City of Bainbridge Island. (Note: such dedication shall not reduce the
number of parcels allowable in a large lot subdivision if such parcels are based
on'a Section subdivision and/or comprise 1/1281h of a Section or more.)
D. The width of street rights-of-way, within a large lot subdivision, shall be
adequate to meet "City of Bainbridge Island Engineering, Design, and
Development Standards Manual" and Appendix A of Title, except as provided
in Section 17.16.070.J.2.
Preliminary Large Lot Subdivision -
Approval - Authorization
Approval of the preliminary large lot subdivision by the director shall constitute
authorization for the subdivider to develop the subdivision's facilities and
improvements in strict accordance with standards established by this chapter, other
ordinances in effect at the time of application, and applicable state laws or
regulations, and any conditions imposed.
Preliminary Large Lot Subdivision -
Approval - Expiration
A final large lot subdivision application meeting all of the requirements of this
chapter shall be filed within five (5) years of the date of preliminary large lot
subdivision approval. If the application is not filed within the five-year period, the
preliminary large lot subdivision approval shall expire and shall be void. The five-
year period shall apply to all preliminary large lot subdivision approvals granted by
the City which had not expired on July 23, 1995, and to all preliminary large lot
subdivisions approvals granted after that date.
Final Large Lot Subdivision - Application Fee
Upon submittal of the final large lot subdivision application, the applicant shall pay
the appropriate fee as established by the City by resolution.
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17.16.170
17.16.180
17.16.190
Final Large Lot Subdivision - Submittal Requirements
The final large lot subdivision application shall be consistent with Appendix B(3).
Final Large Lot Subdivision - Duties of Surveyor
A. All final large lot plats shall be prepared by a land surveyor registered pursuant
to RCW 18.43 and shall be surveyed in accordance with current state
regulations.
B. All legal descriptions for large lot subdivisions shall be prepared by or under
the direction of a registered land surveyor.
C. All large lot subdivisions shall contain the following certificate:
I, , registered as a professional land surveyor by the
state of Washington, certify that this Large Lot Subdivision is based on an
actual survey of the land described herein, conducted by me or under my
supervision, during the period of ,19 , through , 19 , that
the distances, course, and angles are shown hereon correctly; and the lot
comers have been staked on the ground as depicted hereon.
D. The lot corners shall be marked by three-quarter-inch galvanized iron pipe or
like permanent marker and wooden locator stakes. The material used to mark
the corners shall be described upon the large lot subdivision.
Final Large Lot Subdivision - Review Process -
Review by the Director and the City Engineer
A. The City engineer shall review an application for compliance with any
conditions imposed pursuant to the requirements of Section 17.16.070 of this
code.
B. The director shall approve the final large lot subdivision if:
1. The final large lot plat meets all standards established by state law and this
chapter;
2. The proposed final large lot plat bears the certificates and statements of
approval required by this chapter;
3. The facilities and improvements required to be provided by the subdivider
have been completed.
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C. If the director disapproves the application, he or she shall provide a written
explanation thereof to the applicant. The director has 30 (thirty) working days
in which to approve or disapprove an application following receipt of the
report of the engineer and Health District.
Final Large Lot Subdivision - Approval -
Time limit
Final large lot subdivisions shall be approved, disapproved or returned to the
applicant by the director within 30 working days from the date of filing of a
complete application, unless the applicant consents to an extension of such time
period.
Appeal
Any person wishing to appeal the granting, denial, or conditions of a large lot
subdivision shall follow the procedure for appeals of administrative land decisions
to the City Hearing Examiner set forth in chapter 2.16. 095.
Amendment of Proposal
When an application is disapproved, an applicant shall have 180 (one hundred and
eighty) calendar days following transmittal of the reasons for disapproval in which
to file an amended application to remedy the matters which led to the disapproval.
Upon receipt of such an amended application the application shall be reviewed as
set forth in Sections 17.16.095, 17.16.100 and 17.16.110, 17.16.120 and
17.16.130. If an applicant files no such amended application within the period
allowed, the application shall be considered denied.
Improvements
A. On any approved large lot no further lot divisions shall be approved until the
required improvements are installed and approved by the City; and provided
that streets within the large lot subdivision shall be maintained by the owners of
the property in the large lot subdivision.
B. All large lot subdivisions shall have the following improvements developed
and/or installed prior to recording:
1. Streets shall be cleared and grubbed;
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17.16.260
DRAFT Ordinance
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2. Streets shall be rocked or graveled to provide adequate year round
passage;
3. Appropriate drainage, including erosion control, facilities shall be provided
consistent with a plan approved by the City engineer prior to clearing and
construction of any plat improvements.
Special Requirements for Environmentally Sensitive Areas
A. Any portion of a large lot subdivision which contains an environmentally
sensitive areas as defined in chapter 16.20 must conform to all requirements of
that chapter.
B. When appropriate, in accordance with RCW 36.70A.060, the final large lot
subdivision 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.
Final Subdivision - Assurance Device
In lieu of completion of improvements with conditions of a preliminary large lot
plat approval, the City council may accept an assurance device, other than a bond,
in an amount and in a form determined by the City council, which secures and
provides for the actual construction and installation of the improvements or the
performance of the conditions within one year, or such additional time as the City
council determines is appropriate at~er final plat approval. In addition, the City
council shall require an assurance device, including a bond, securing the successful
operation of improvements for one year after City's acceptance of the
improvements, provided that the City council may, upon recommendation of the
City engineer or the director, extend the term of the assurance device for up to two
years for improvements that will not demonstrate compliance with construction or
installation requirements within one year.
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 large lot subdivision upon dedications for open spaces, drainage ways, other
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17.16.280
17.16.290
17.16.300
public ways, water supplies, sanitary waste system, parks, playgrounds, sites
protection of environmentally sensitive areas, and other needs of the public.
Filing of Large Lot Subdivision
No large lot subdivision shall be presented to or be accepted for final filing with
the City unless the face of the plat contains the approvals of the director, Health
District, and the certification of the county treasurer that no tax, penalties, or
delinquent assessments are owing on the subject property.
Disclaimer As to Streets
Streets within a large lot subdivision shall not be constructed or maintained by the
City unless such streets have been improved to current standards and have been
accepted into the City street system. Therefore, unless so improved and accepted,
the responsibility for maintenance shall lie with the owners of the lots. In such
cases the face of each large lot subdivision shall contain the following disclaimer:
Responsibility and expense for maintenance of roads leading to or serving lots
within this Large Lot Subdivision (unless such roads have been accepted into City's
road system) shall rest with the lot owners.
Declaration Regarding Further Division
The face of each large lot plat shall contain the following declaration:
No lot in this Large Lot Subdivision can be divided further within five (5) years of
the filing of this Large Lot Subdivision without following the subdivision
requirements in effect at the time of such application.
Amendment to Approved Large Lot Subdivision
A large lot subdivision which has been approved and recorded may be amended
upon application of all property owners whose lots, access, easements, or other
rights are proposed to be amended. The contents and procedure for an amended
application shall be that for an application in the first instance, excepting that minor
alternatives regarding homesite location and/or open space usage shall be approved
administratively consistent with the procedures and requirement of
Section 2.16.010 BIMC.
30
31
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17.16.310
17.16.320
17.16.330
Development of Illegally Divided Land
No building permit or development permit of any sort shall be issued for lots
created in violation of this chapter; provided, an innocent purchaser for value may
obtain permits needed for development upon application to the council wherein
such purchaser shows the following:
A. The lot was purchased at a market value not reflecting the illegal division;
B. The purchaser exercised reasonable diligence but did not know of the illegal
division;
C. The public interest will not suffer.
Penalty
Any person, firm or corporation violating any provision of this chapter shall be
guilty of a gross misdemeanor and 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 chapter is committed, continued or permitted.
Upon conviction of any violation of this chapter, such person, firm or corporation
shall be punished by a fine of not more than $5,000 or imprisonment for not more
than one year, or by both such fine and imprisonment.
Enforcement
A. Whenever any parcel of land is divided into large lots, tracts, or parcels of land
contrary to the provisions of this chapter and any person, firm or corporation
or any agent of.any of them sells or transfers, or offers or advertises for sale or
transfer, any such lot, tract, or parcel without having a final plat of such large
lot subdivision filed for record, the City attorney may commence an action to
restrain and enjoin further large lot subdivisions or sales, or transfers, or offers
of sale or transfer and compel compliance with all provisions of this chapter.
The costs of such action shall be taxed against the person, firm, corporation or
agent selling or transferring the property.
B. Whenever !and within a large lot subdivision granted final approval is used in a
manner or for a purpose which violated any provision of this chapter or any
term or condition of plat approval prescribed for the plat by the City, the City
attorney may commence an action to restrain and enjoin such use and compel
DRAFT Ordinance
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compliance with the provisions of this chapter or with such terms and
conditions. The costs of such action may be taxed against the violator.
17.16.340 Construction
This chapter shall be liberally interpreted and construed to secure the public health,
safety, morals, welfare and the rule of strict construction shall have no application.
Section 4. Appendices B(1) - Submittal Requirements for Subdivisions, B(2) - Submittal
Requirements for Short Subdivisions and B(3), Submittal Requirements - Large Lot
Subdivisions, are attached to this ordinance and codified at the end of the chapter.
Section 5. Severability. If any clause, sentence, paragraph, Section or part of this Ordinance, or
the application thereof to any person or circumstance shall be adjudged by any court of competent
jurisdiction to be invalid, such order or judgment shall be confined in its operation to the
controversy in which it was rendered and shall not affect or invalidate the remainder of any part
thereof to any other person or circumstances and to this end the provisions of each clause,
sentence, paragraph, Section or part of this law are hereby declared to be severable.
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Section 6.
approval, publication and posting as required by law.
PASSED by the City council this 1st
APPROVED by the Mayor this 2nd
This ordinance shall take effect and be in force five days from and after its passage,
day of August , 1996.
day of August , 1996.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
Su~ Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: 3anuary 12, 1996
PASSED BY THE CITY COUNCIL: ,xuly 18, 1996
PUBLISHED: August 7, 1996
POSTED: August 7, 1996
EFFECTIVE DATE: August 12, 1996
ORD1NANCENU1VIBER: 96-o6 A & B
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Appendix B(1)
Submittal Requirements.
Process Step
and Type of
Subdivision
Pre-
application
Review.
Residential
subdivisions.
Required
hems and
Materials
Proposed
Site Plan
consisting of:
A. Base Map
Purpose
The purpose of the
Base Map is to
consolidate existing
characteristics
of the site and
existing
on-site conditions.
Drawn or printed on
durable material
(mechanically
reproducible).
'Contents
. 'l
1. North arrow and scale;
2. Name, address and phone number of the owner of the subject
property or the authorized representative;
3. Subject property boundaries;
4. Total acreage;
5. Topography with a contour interval of no less than 5 (five) feet,
(slopes which exceed 15% shall be identified);
6. The location of all easements (such as access, utility and/or
conservation easements) located on the subject property;
7. The location and names of roads and rights-of-ways, easements,
bicycleways, greenways, and trails located on-site, or in close
proximity to the subject property;
8. The location of all utilities (water lines or walls, sewer lines or septic
systems, power and/or telephone lines) located on the subject
property;
9. The location of all bodies of water (including streams, drainage
course, and/or wetlands) located on the subject property, or within
one-hundred-and-fifty (150) feet of the subject property;
10. The approximate location and size of existing structures located
within one-hundred (I00) feet of the subject property;
1 t. City of Bainbridge Island zoning and comprehensive plan designation
for the subject property (shoreline designations shall be included if
applicable);
12. Existing land uses on both the subject propert3' (if applicable) and all
adjacent properties;
(continued)
Process Step
and Type of
Subdivision
Pre-
application
review.
Residential
subdivisions.
(continued)
Required
Items and
Materials
B. Aerial
Photo-
graph
C. Site
Inventory
Maps
Purpose
The purpose of the
aerial photograph is
to assist in the
preparation of the
base map and site
inventory, and to
provide guidance on
existing natural and
man-made
conditions found on
both the subject and
surrounding
properties.
The purpose of the
site inventory is to
gather and evaluate
information about
the subject property
and the surrounding
area, and provide a
graphic portrayal of
areas in which
development my not
occur ("no-build
zones") or may occur
O, eslriaed bu~ding
-Form
An aerial photograph
which is
approximately the
same scale as the
base map may be
obtained by the
applicant from the
Depaxtment of
Natural Resources.
Information
identified during the
site inventory shall
be graphically
indicated as an
overlay attachment to
the base map
(providing that the
overlay is prepared
on a transparent
material).
Contents
13. All areas of identified historical importance located on the subject
property or adjacent properties, such as structures listed on the
National Register for Historic Places and the 1987 Bainbridge Island
Historic Survey, as prepared by the Washington State Office of
Archeology and Historic Preservation;
14. Wellhead protection areas on or affecting the subject prollrty.
An aerial photo showing the site in a present condition.
- 1. "No-build zones":
a. All Critical Areas and their associated buffers (as defined in
Chapter 16 of this code) located on the subject property, and if
possible, those located within one-hundred (100) feet of the
subject property (aerial photographs or studies prepared for
adjacent properties may be used to preliminary assess off-site
critical areas);
b. Wellhead protection areas on or affecting the subject property
and all other easements, setbacks, or buffer areas which limit
development;
c. Dedicated open space or greenway areas located on the subject
property.
DRAFT
Subdivision Ordinance
July 5, 1996
Page 2
Process Step
and Type of
Subdivision
Pre-
application
review.
Residential
subdivisions.
(continued)
Required
Items and
Materials
D.Proposed
Design
Elements
established
as required
pursuant to
Section
17.04.080
Flexible
Lot
Standards.
Purpose
To illustrate
alternative design
proposals during the
preapplication
consultation with the
department staff
members.
Form
Alternative
configurations shall
be graphically
indicated on a copy
of the base map, or
as an overlay
attachment to the
base map (providing
that the ove~ay is
prepared on a
transparent material).
Contents
"Restricted building zones" (depicted in such a manner as to be
graphically distinct from "no-build zones"):
a. Areas of significant trees and vegetation located on the subject
property, or on any adjacent properties located within one-
hundred (100) feet of the subject property
1. Open Space Location(s) (prepared consistent with the process
contained in Section 17.04.075).
2. Residential Homesite Location(s) and Lot Lines (prepared consistent-
with the process contained in Section 17.04.075).
3. Location of Individual or Community Water Supply and Septic
Systems (prepared consistent with the process contained in Section
17.04.075).
4. Provision of Roads and Access (prepared consistent with the process
contained in Section 17.04.075).
E. Composite
Site Plan
To assist the
applicant and the
City in determining
which portions of a
subject property are
best suited to
accommodate
homesites,
infrastructure, and
open space areas,
and to serve as the
basis for pre-
application
consultation
consistent with the
requirements of
Section 17.04.075.
Composite site plans
are comprised of the
assembly or printing
of multiple overlay
layers on the base
map. The composite
site plan shall be
graphically indicated
on a copy of the base
map, or as an
overlay attachment to
the base map
(providing that the
overlay is prepared
on a transparent
material).
Consistent with the Section 17.04.075 consolidated information of the
above.
DRAFT
Subdivision Ordinance
July 5, 1996
Page 3
Process Step
and Type of
Subdivision
Pre-
application
review.
Commercial
and industrial
subdivisions.
Required
Itetns and
Materials
Proposed
Site Plan
Purpose
To illustrate the
design proposals and
serve as the basis
during the
preapplication
consultation with the
department staff
members.
To assist the
applicant and the
City in determining
which portions of a
subject property are
best suited to
accommodate
building locations,
infrastructure, and
open space areas.
Drawn or printed on
durable material
(mechanically
reproducible).
Contents
1. Noah arrow and scale;
2. Name, address and phone number of the owner of the subject property
or the authorized representative;
3. Subject property boundaries; ' ' ~
4. Total acreage;
5. Topography with a contour interval of no less than 5 (five) feet (slopes
which exceed 15% shall be identified);
6. The location of all easements (such as access, utility and conservation
easements) located on the subject property;
7. The location and names of roads and rights-of-ways, easements,
bicycleways, greenways, and trails located on-site, or in close
proximity to the subject property;
8. The location of all utilities (water lines or wells, sewer lines or septic
systems, power and/or telephone lines) located on the subject
property;
9. The location of all bodies of water (including streams, drainage
course, and/or wetlands) located on the subject property, or within
one-hundred-and-fifty (150) feet of the subject property;
10. The approximate location and size of existing structures located within
one-hundred (100) feet of the subject property;
11. City of Bainbridge Island zoning and comprehensive plan designation
for the subject property (shoreline designations shall be included if
applicable);
12. If applicable, existing land uses on both the subject property and all
adjacent properties;
(continued on the next page)
DRAFT
Subdivision Ordinance
July 5, 1996
Page 4
Process Step
and Type of
Subdivision
Required
Items and
Material~
Preliminary
subdivision
application
review.
All
subdivisions.
Preliminary
Plat
DRAFT
Subdivision Ordinance
Purpose
To submit a
preliminary plat for
review in order to
obtain the permit for
preliminary
subdivision.
FolTrt
Map drawn on a
minimum 11-inch x
17-inch paper to
scale no less than 1
(one) inch to 100
feet. The horizontal
and vertical scales
for street and sewer
plans and profiles
shall be those
established by the
City Engineer.
Contents
13. All areas of identified historical importance located on the subject
property or adjacent properties, such as structures listed on the
National Register for Historic Places and the 1987 Bainbridge Island
Historic Survey, as prepared by the Washington State Office of
Archeology and Historic Preservation;
14. Wellhead protection areas on or affecting the subject property. ' '
1. The name of proposed subdivision;
2. The legal description of land confined within the proposed
subdivision, and any ancillary easements;
3. Assessor's maps showing the subject property and property
ownership 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);
the assessor's number of each identified property; the current mailing
address (on mailing labels) of the owner of each property within 300
feet, as contained in the records of the county assessor;
4. The name, address and telephone number and seal of the registered
land surveyor or professional engineer who prepared preliminary plat
documents;
5. Topography with a contour interval of no less than five (5) feet;
6. Number of lots, average lot size;
7. Lots labeled alphabetically, each lot shall designate the proposed
homesite;
8. A description, by map or text, of the route or routes of vehicular and
pedestrian access to the property; the existing right-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;
9. A layout of proposed streets and alleys, including preliminary profiles,
and any tracts proposed to be dedicated or reserved for public or
common use;
10. Proposed method of water supply, with a certificate of water
July 5, 1996
Page 5
Process Step
and Type of
Subdivision
Preliminary
subdivision
application
review.
All
subdivisions.
(continued)
Required
Items and
Materials
Preliminary
Plat
(continued)
DRAFr
Subdivision Ordinance
Purpose
FOFm
Contents
availability from the proposed water purveyor, if any, and a statement
from the health officer that the proposed domestic water supply meets
applicable health standards;
11. 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 developKent, or
a preliminary statement from the health officer that the proposed
disposal method is likely to meet applicable health standards;
12. Any reports, studies or assessments that are required by Ordinance 92-
07, environmentally sensitive areas, codified in Chapter 16.20;
13. In subdivisions proposed to be served by on-site sewage disposal, the
location of soil log holes together with data regarding percolation rates
as required by the health officer;
14. A building site application (BSA) shall be submitted, and include as a
minimum the proposed building footprint and positioning of sewerage
disposal facilities;
15. The location of all property to be dedicated when applicable;
16. A preliminary copy of restrictive covenants, dedications and/or
easements, if any are proposed;
17. Soil logs, if appropriate;
18. A conceptual stormwater plan illustrating the proposed means of
stormwater runoff disposal;
19. Environmental checklist or draft environmental impact statement;
20. Tideland or shoreline protection proposed, if applicable;
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;
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.
July 5, 1996
Page 6
Process Step
and Type of
Subdivision
Final
subdivision
application
review.
All
subdivisions.
Required
Items and
Materials
A. Final
Plat.
Purpose
To complete the
subdivision process.
The first sheet
shall be drawn
on a mylar sheet
which may be
purchased at cost
from the
engineer.
Subsequent
sheets shall be
drawn on stable-
base mylar,
polyester film or
similar durable
material 18
inches by 24
inches.
(continued on the
next page)
Contents
All the elements require for Preliminary Subdivision and the following:
1. The perimeter (which shall be shown by heavier lines) of the proposal,
together with all internal lots and blocks;
2. The dimensions of the perimeter and all lots;
3. Ties to permanent monuments; , · ~
4. Controlling reference points or monuments;
5. The beating and length of lines;
6. Origin of meridian or basis of bearings;
7. All parcels created by the division of land to be so designated as to the
maxamum number of primary dwelling units allowed on that parcel.
This number shall be designated on each individual title;
8. All parcels designated if applicable;
9. The names and localions of adjacent subdivisions;
10. The location of all property to be dedicated;
11. (continued on the next page)
12. Signature and date lines for certification by the registered land
surveyor;
13. Signature and date lines for certification by county treasurer that real
property taxes are current;
All conditions cff approval, if applicable;(Ord. 92-09 3, 1992)
14. 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;
15. 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.
DRAFT
Subdivision Ordinance
July 5, 1996
Page 7
Process Step
and Type of
Subdivision
Final
subdivision
application
review.
All
subdivisions.
(continued)
Required
Items and
Materials
A. Final
Hat.
Purpose
B. Additional To complete the
Documents subdivision process.
DRAFT
Subdivision Ordinance
FOITn
b. A line shall
border each sheet
having a 3-inch
margin on the
left side (which
shall be an 18-
inch side) and a
0.5-inch margin
on the remaining
three sides: the
lower right-hand
comer of the
sheet obtained
from the
engineer.
c. Drawn to scale
no less than 1
(one) inch to 100
feet which scale
shall be shown
on the drawing.
d. Three copies of
the Final Plat are
required.
Various
Contents
1. Textual declaration of the dedication when applicable;
2. A plat certificate for the real property;
3. The signatures of all owners of the real property within the boundaries
of the subdivision;
4. A road maintenance agreement in proper form unless such agreement
is waived by the engineer;
5. Perimeter lot closures for final review;
6. A building site application;
7. A final Open Space Management Plan;
8. Proposed restrictions or covenants running with the land when
applicable;
July 5, 1996
Page 8
Process Step
and Type of
Subdivision
Required
Items and
Materials
Purpose
Form
Contents
9. 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;
10. A completed City of Bainbridge Island subdivision application form.
Note: When appropriate, in accordance with RCW 36.70A.060 the linal
subdivision shall contain a notice that the subject property is on or within
300 feet of lands designated agricultural lands, forest lands or mineral
resource lands. (Ord. 92-09 2, 1992)
DRAFT
Subdivision Ordinance
July 5. 1996
Page 9
Appendix B(2)
Submittal Requirements.
Process Step
Site Plan
Required
A. Base Map:
Purpose
The purpose of the Base
Map is to consolidate
existing chamcterislics
of the site and existing
on-site conditions.
Forill
Drawn or printed on
durable material
(mechanically
reproducible).
Contents
1. North Arrow and Scale;
2. Name, address and phone number of the owner of the subject property, or the
authorized representative;
3. Subject property boundaries; , · I
4. Total acreage;
5. Topography with a contour interval of no less than five (5) feet (slopes which
exceed 15% shall be identified);
6. The location of all easements (such as access, utility and/or conservation easements)
located on the subject property;
7. The location and names of roads and fights-of-ways, easements, bicycleways,
greenways, and trails located on-site, or in close proximity to the subject property;
8. The location of all utilities (water lines or wells, sewer lines or septic systems,
power and/or telephone lines) located on the subject property;
9. The location of all bodies of water (including streams, drainage course, and/or
weftands) located on the subject property, or within one-hundred-and-fifty (150) feet of
the subject property;
10. The approximate location and size of existing structures located within one-hundred
(100) feet of the subject property;
11. City of Bahabridge Island zoning and comprehensive plan designation for the subject
property (shoreline designations shall be included ff applicable);
12. Existing land uses on both the subject property (if applicable) and all adjacent
properties;
13. All areas of identified historical importance located on the subject property or
adjacent properties, such as structures listed on the National Register for Historic Places
and the 1987 Bninbridge Island Historic Survey, as prepared by the Washington State
Office of Archeology and Historic Preservation;
14. Wellhead protection areas on or affecting the subject property.
Proposed
Site Plan
(continued)
Site Plan
(continued)
Proposed
Site Plan
(continued)
B. Aerial
Photograph
C. Site
Inventory Maps
D. Proposed
Design
Elements
established as
pursuant to
Section
17.12.090
Flexible Lot
Standards
The purpose of the aerial
photograph is to assist
in the preparation of the
base map and site
inventory, and to provide
guidance on existing
natural and i-made
conditions found on the
subject and surrounding
The purpose of the site
inventory is to gather
and evaluate information
about the subject
property and the
surrounding area, and
provide a graphic
portrayal of areas in
which development may
not occur C'no-build
zones") or may occur
with restriction
C'rest~cted building
zones").
To illnstmte the design
proposals during the
preapplication
consultation
with the Department
staff members.
An aerial photograph
which is approximately
the same scale as the
base map is obtained by
the applicant from the
Depamnent of Natural
Resources.
Information identified
during the site inventory
shall be graphically
indicated as an overlay
attachment to the base
map (providing that the
overlay is prepared on a
transparent material).
- Alternative
configttmtions shall be
graphically indicated on
a copy of the base map,
or as an overlay
attachment to the base
map (providing that the
overlay is prepared on a
transparent material).
An aerial photo showing the site in a present condition.
, 'l
1. "No-build zones":
a. All Critical Areas and their associated buffers (as defined in Chapter 16
BIMC) located on the subject property, and ff possible, those located within one-hundred
(100) feet of the subject property (aerial photographs or studies prepared for adjacent
properties may be used to preliminary assess off-site critical areas);
b. Wellhead protection areas on or affecting the subject property and all other
easements, setbacks, or buffer areas which limit development;
c. Dedicated open space or greenway areas located on the subject property.
2. "Restricted building zones" (depicted in such a manner as to be graphically distinct
from" no-bull d zones "):
a. Areas of significant trees and vegetation located on the subject property, or
on any adjacent properties located within one-hundred (100) feet of the subject property.
a. Open Space Location(s)
(prepared consistent with the process contained in Section 17.12.080).
b. Residential Homesite Location(s) and Lot Lines
(prepared consistent with the process contained in Section 17. 12.080).
c. Location of Individual or Community Water Supply and Septic Systems
(prepared consistent with the process contained in Section 17.12.080).
d. Provision of Roads and Access
(prepared consistent with the process contained in Section 17.12.080).
DRAFT
Short Subdivision Ordinance
July 6, 1996
Page 2
Proposed E. Composite
Site Hart Site Hart
Preliminary Preliminary
Short Short Plat
Subdivision
To help the applicant
and the City determine
which portions of a
subject property are best
suited to accommodate
homesites, infrastructure,
and open space areas,
and to serve as the basis
for pre-application
consultation consistent
with the requirements of
Section 17. 12.080.
To submit the
preliminary short plat
for the City review.
Composite site plans are
comprised of the
assembly or printing of
multiple overlay layers
on the base map. The
composite site plan shall
be graphically indicated
on a copy of the base
map, or as an ove~ay
attachment to the base
map (providing that the
overlay is prepared on a
~ent material ).
Map drawn on a
minimum 11-inch x '17-
inch paper to scale no
less than one inch to
200 feet
Consistent with the Section 17.12.080 consolidated information of the above.
, '!
Same as Composite Site Plan and the following:
I. Topography with a contour interval of no less than five (5) feet;
2. Lots labeled alphabetically, each lot shall designate the proposed homesite;
3. The location of all pwperty to be dedicated when applicable;
4. Soil logs, if appropriate;
5. A conceptual stormwater plan illustrating the proposed means of stormwater ranoff
disposal.
DRAFT
Short Subdivision Ordinance
July 6, 1996
Page 3
Final A. Final
Short Short Hat
Subdivision
To obtain the short
subdivision permit from
the City.
Final Short B. Additional To obtain the short
Subdivision documents subdivision permit from
(continued) the City.
a. The first sheet shall
be drawn on a mylar
sheet which may be
purchased at cost from
the engineer. Subsequent
sheets shall be drawn on
stable-base mylar,
polyester film or similar
durable material 18
inches by 24 inches; a
hne shall border each
sheet having a 3-inch
margin on the left side
(which shall be an 18-
inch side) and a 0.5-inch
margin on the remaining
three sides: the lower
right-hand comer of the
sheet obtained from the
engineer.
b. Drawn to scale no
less than 1 inch to 200
feet which scale shall be
shown on the drawing.
Three copies of the Final
Short Hat are required,
Various
All the elements require for Preliminary Short Subdivision and the follo~ving:
1. The perimeter (which shall he shown by heavier lines) of the proposal, together with
all internal lots and blocks;
2. The dimensions of the perimeter and all lots;
3. Ties to permanent monuments;
4. Controlling reference points or monuments;
5. The beating and length of lines;
6. Origin of meridian or basis of bearings;
7. All parcels created by the division of land to be so designated as to the rtmxir0um
number of primary dwelling units allowed on that parcel. This number shall he
designated on each individual rifle;
8. All parcels designated ff applicable;
9. The names and locations of adjacent subdivisions;
10. The location of all property to be dedicated;
1 L Signature and date lines for certification by the registered land surveyor described in
Section 17.12.112;
12. Signatuxe and date lines for certification by county treasurer that real property taxes
are current;
13. Signature and date lines for approval by the Director;
14. All conditions of approval, if applicable. (Ord. 92-09 3, 1992)
1. Textual declaration of the dedication when applicable;
2. The declaration described in Section 17.12360;
3. A plat certificate for the real property;
4. The signatures of all owners of the real property within the boundaries of the short
subdivision;
5. A road maintenance agreement in proper form unless such agreement is waived by
the engineer;
6. Perimeter lot closures for final review;
7. A building site application;
8. A final Open Space Management Han;
9. Proposed restrictions or covenants running with the land when applicable.
DRAft
Short Subdivision Ordinance
July 6, 1996
Page 4
Process Step Required
Preapplication A. Base Map:
Review. Proposed
Site Plan
Purpose
The purtx~e of the Base
Map is to consolidate
existing characteristics
of the site and existing
on-site conditions.
Appendix B(3)
Submittal Requirements.
ForIn
Drown or printed on
durable material
(mechanically
reproducible).
Contents
1. North Arrow and Scale;
2. Name, address and phone number of the owner of the subject property. or the
authorized ~'lxesentative;
3. Subject property boundaries; , · I
4. Total acreage;
5. Topography with a contour interval of no less than ten (10) feet (slopes which
exceed 15% shall be identified);
6. The location of all easements (such as access, utility and/ix conservation easements)
located on the subject property;
7. The location and names of roads and fights-of-ways, easements, bicycleways,
greenways, and trails located on-site, or in close proximity to the subject property;
8. The location of all utilities (water lines or wells, sewer lines or septic systems,
power and/or telephone lines) located on the subject property;
9. The location of all bodies of water (including streams, drainage come, and/or
wetlands) located on the subject property, or within one-hundred-and-fifty (150) feet of
the subject property;
10. The approximate location and size of existing structures located within one-hundred
(1130) feet of the subject property;
11. City of Bainbridge Island zoning and comprehensive plan designation for the subject
property (shoreline designations shall be included ff applicable);
12. Existing land uses on both the subject property (if applicable) and all adjacent
properties;
13. All areas of identified historical importance located on the subject property or
adjacent properlies, such as structures listed on the National Register for Historic Places
and the 1987 Bninbridge Island Historic Survey, as prepared by the Washington State
Office of Archeology and Historic Preservation;
14. Wellhead protection areas on or affecting the subject property.
DRAFF
Large Lot~ubdivision Ordinance
July 6, 1996
Page 1
Site Plan
(continued)
Site Hart
(continued)
Proposed
Site Plan
(continued)
B. Aerial
Photograph
C. Site
Inventory Maps
D. Proposed
Design
Elements
established as
pursuant to
Section
17.12.070
Flexible Lot
Standards.
The p$ of the aerial
photograph is to assist
in the preparation of the
base map and site
inventory, and to provide
guidance on existing
natural and man-made
conditions found on the
subject and surrounding
properties.
The purpose of the site
inventory is to gather
and evaluate information
about the subject
property and the
suxrounding area, and
provide a graphic
portrayal of areas in
which development may
not occur Cno-build
zones") or may occur
with restriction
C'restricted building
zones").
To illustrate the design
proposals during the
preapplication
consultation
with the Department
staff members.
An aerial photograph
which is approximately
the same scale as the
base map is obtained by
the applicant from the
Department of Natural
Resources.
Information identified
during the site inventory
shall be graphically
indicated as an overlay
attachment to the base
map (providing that the
overlay is prepared on a
transparent material).
Alternative
configurations shall be
graphically indicated on
a copy of the base map,
or as an overlay
attachment to the base
map (providing that the
overlay is prepared on a
transparent material).
An aerial photo showing the site in a present condition.
I. "No-build zones":
a. All Critical Areas and their assodated buffers (as defined in Chapter 16
BIMC) located on the subject property, and if possible, those located within one-hundred
(100) feet of the subject property (aerial photographs or studies prepared for adjacent
properties may be used to preliminary assess off-site critical areas);
b. Wellhead protection areas on or affecting the subject property and all other
easements, setbacks, or buffer areas which limit development;
c. Dedicated open space or greenway areas located on the subject property.
2. "Restricted building zones" (depicted in such a manner as to be graphically distinct
from "no-build zones"):
a. Areas of significant trees and vegetation located on the subject property, or
on any adjacent properties located within one-hundred (I00) feet of the subject property.
a. Open Space Location(s)
(prepared consistent with the process contained in Section 17.16.065).
b. Residential Homesite Location(s) and Lot Lines
(prepared consistent with the process contained in Section 17.16.065).
c. Location of Individual or Community Water Supply and Septic Systems
(prepared consistent with the process contained in Section 17.16.065).
d. Provision of Roads and Access
(prepared consistent with the process contained in Section 17.16.065).
DRAFF
Large Lot Subdivision Ordinance
July 6, 1996
Page 2
Proposed E. Composite
Site Plan Site Plan:
(continued)
Prcli/ninary l~climinary
Large Lot Large Lot
Subdivision Plat
To help the applicant
and the City determine
which portions of a
subject property are best
suited to accommodate
homesites, infrastructure,
and open space areas,
and to serve as the basis
for pre~application
consultation consistent
with the requirements of
Section 17. 16.065.
To submit the
preliminary large lot plat
for the City review.
Composite site plans are
comprised of the
assembly or printing of
multiple overlay layers
on the base map. The
composite site plan shall
be graphically indicated
on a copy of the base
map, or as an overlay
attachment to the base
map (providing that the
overlay is prepared on a
lxansparent ma ted al ).
Map drawn oll a
minimum 11-inch x 17-
inch paper to scale no
less than one inch to
200 feet.
Five copies of the map
of the proposed large lot
subdivision are required.
Consistent with the Section 17.16.065 consolidated information of the above.
, '|
Same as Composite Site Hart and the following:
1. Topography with a contour interval of no less than ten (10) feet;
2. Lots labeled numerically, each lot shall designate the proposed homesite;
3. The location of all property to be dedicated when applicable;
4. Soil logs, if appropriate;
5. A conceptual stormwater plan illustrating the proposed means of stormwater runoff
disposal;
6. The signature of the owner of record of the real property within the boundaries of the
large lot subdivision;
7. Proposed source of portable water;
8. The location and dimensions of all property to be dedicated;
9. The appropriate location of any environmentally sensitive areas and their associated
buffers located on, or within 200 feet of the subject property.
DRAFT
Large Lot Subdivision Ordinance
July 6, 1996
Page 3
Fixhal A. Final
Large Lot Large Lot Hat
Subdivision
To obtain the large lot
subdivision permit from
the City.
a. The first sheet shall
be drawn on a mylar
sheet which may be
purchased at cost from
the engineer. Subsequent
sheets shall be drawn on
stable-base mylar,
polyester film or similar
durable material 18
inches by 24 inches; a
line shall border each
sheet having a 3-inch
margin on the left side
(which shall be an 18-
inch side) and a 0.5-inch
margin on the remaining
three sides: the lower
fight-hand comer of the
sheet obtained from the
engineer.
b. Drawn to scale no
less than 1 inch to 200
feet which scale shall be
shown on the drawing.
Five copies of the Final
Large Lot Hat are
All the elements require for Preliminary Large Lot Subdivision and the following:
1. The perimeter (which shall be shown by heavier lines) of the proposal, together with
all internal lots and blocks;
2. The dimensions of the perimeter and all lots;
3. Ties to permanent monuments;
4. Controlling reference points or monuments;
5. The beating and length of lines;
6. Origin of meridian or basis of beatings;
7. 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;
8. All parcels designated ff applicable;
9. The names and localions of adjacent subdivisions;
11. Signature and date lines for Certification by the registered land surveyor described in
Section 17.16.095;
12. Signature and date lines for certification by county treasurer that real property taxes
are current;
13. Signature and date lines for approval by the Director;
14. All conditions of approval, if applicable. (Ord. 92-09 3, 1992)
DRAFF
Large Lot Subdivision Ordinance
July 6. 1996
Page 4
Final Large Lot B. Additional
Subdivision documents
(continued)
To obtain the large lot
subdivision permit from
the City.
Various
1. Textual declaration of the dedication when applicable;
2. The declaration described in Section 17.16.120;
3. The declaration described in Section 17. 16.130;
4. The declaration described in Section 17. 16.160;
5. A plat certificate for the real property;
4. The signatures of all owners of the real property within the boundaries of the large
lot subdivision;
5. A mad maintenance agreement in proper form unless such agreement is waived by
the engineer; , . ~
6. Perimeter lot closures for final review;
7. A building site application;
8. A final Open Space Management Hart;
9. Proposed reslrictions or covenants running with the land when applicable;
10. Signature and date lines for certification by the registered land surveyor as described
Section 17.16.095;
11. Signature and date lines for approval by the Director;
12. A legal description of the real property to be divided;
13. A completed City of Bainb~dge Island Large Lot Subdivision application form;
14. A vicinity map showing the location of the proposed subdivision;
15. Proposed restrictions or covenants nmnlng with the land.
DRAFT
Large Lot Subdivision Ordinance
July 6, 1996
Page 5