ORD 2004-08 FLEXIBLE LOT DESIGN (SUBDIVISIONS)ORDINANCE NO. 2004-08
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
flexible lot design subdivision, amending BIMC 17.04.040, 17.04.075,
17.04.080.A.4, 17.04.080.A.5, 17.04.091, 17.12.080, 17.12.090.A.2.c,
17.12.090.A.4, 17.12.090.A.5, 17.12.092, 17.12.102; and repealing sections
17.04.083 and 17.12.093 of the Bainbridge Island Municipal Code.
WHEREAS, the city adopted a comprehensive plan on September 1, 1994, which
establishes goals and policies for subdividing land; and
WHEREAS, the city developed a flexible lot design process in Ordinance No. 96-06B
for land subdivision which implements the goals of the comprehensive plan as they relate to
residential land use; and
WHEREAS, the Growth Management Act provides for the retention of open space, as
well as park land in planning goal (9) of RCW 36.70A.020, which guides the development of
comprehensive plans for cities and counties; and
WHEREAS, the city's adopted comprehensive plan establishes goals and policies guiding
the preservation of open space and promoting clustering of development in land subdivisions, (Land
Use Element-Residential Open Space, Goal 1 and Policies OS 1.1, 1.9, 1.10, 1.11, 1.12 and 1.13)
and BIMC 17.04.075 and 17.04.080 (subdivisions), BIMC 17.12.080 and 17.12.090 (short
subdivisions), and BIMC 17.16.065 and 17.16.070 (large lot subdivisions) require that
subdivisions in certain zones provide open space; and
WHEREAS, on July 11, 2002, the Supreme Court of the State of Washington issued its
decision in Isla Verde International Holdings, Inc., et al. v. City of Camas, 146 Wn.2d 740
(2002), in which Camas conditioned approval of a residential subdivision on the set aside of
open space, pursuant to an ordinance that required every subdivision to retain open space, and
the Court held that the Camas subdivision condition violated RCW 82.02.020 because Camas
failed to establish that the condition was reasonably necessary as a direct result of the proposed
subdivision; and
WHEREAS, the city has determined that certain revisions to Title 17 of the Bainbridge
Island Municipal Code should be adopted to refine the flexible lot design process in support of
the goals and policies of the comprehensive plan and to comply with the Growth Management
Act, as well as the Isla Verde case; and
WHEREAS, the city has further determined that revisions to the flexible lot design
process should include provisions that recognize the importance of neighborhood character and
the historical patterns of development that contribute to the uniqueness of the island; and
Ordinance 2004-08 3rd Reading June 9, 2004 1
WHEREAS, the city has further determined that revisions to the flexible lot design
process should include provisions that recognize the importance of neighborhood character and
the historical patterns of development that contribute to the uniqueness of the island; and
WHEREAS, the city completed a study demonstrating that approximately 25 percent of
the existing developed land in the City is currently retained as open space, Analysis of Open
Space, report dated July 15, 2003 and January 13, 2003 and amended April 30, 2004; and
WHEREAS, city staff submitted a Staff Report dated December 4, 2003 that summarizes
the Land Use Committee's recommendation regarding open space provisions for Chapters 17.04
of the City code; and
WHEREAS, to further the goal of retaining open space land within the City, the City
Council considered the Analysis of Open Space study and other reports and statutes and findings,
and determined that it is in the best interests of the city to adopt an open space requirement of up
to a maximum of 25% of the area proposed for subdivision, and an optional requirement to
cluster development for single-family residential subdivisions in the city; and
WHEREAS, consistent with the Analysis of Open Space report, among other provisions
the City Council has determined to individualize the open space requirement by requiring open
space designation only on property that contains certain valued open space features; and
WHEREAS, in accordar~ce with the Court's decision in Isla Verde International
Holdings, Inc., et al. v. City of Camas, the City Council ~ the open space provisions
in this Ordinance ensure that there is a direct relationship and proportionality between the
specific impacts of a subdivision development on open space in the City and the open space
requirements imposed on the subdivision, and that the open space requirement is reasonably
necessary as a direct result of the impacts of the subdivision; and
WHEREAS, the City Council adopted Ordinance 2003-02, amending the Short
Subdivision and Large Lot Subdivision procedures in Chapters 17.12 and 17.16 on September
10, 2003; and
WHEREAS, the City Council adopted Ordinance 2003-49, amending the Subdivision
and Short Subdivision procedures in Chapters 17.04 and 17.12 on January 14, 2004; and
WHEREAS, city staff submitted a Staff Report dated March 31, 2004 and amended May
5, 2004 that summarizes the Land Use Committee's recommendation regarding open space
provisions for Chapters 17.04 and 17.12 of the City code; and
WHEREAS, the City Council has determined that amendments to the Subdivision and
Short Subdivision procedures of Chapter 17.04 and Chapter 17.12 are necessary; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
Ordinance 2004-08 3rd Reading June 9, 2004 2
Section 1. Section 17.04.040 of the Bainbridge Island Municipal Code is amended as
follows:
"Cluster development" means a group of adjoining homesite areas situated in a suitable area of a
property, designed in such a manner that facilitates the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways, while providing for the
protection of pEz~ty valued open space features.
"Meadow" means an open, nonforested area formed by the land's natural features and events of
nature.
"Orchard" means a group of cultivated trees, primarily fruit or nut producing.
Section 2. Section 17.04.075 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.075 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 conference:
A. Base Map. Prepared consistent with Appendix B(1) of this title.
~ G. 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
pursuit to B~C 17.04.082. The location of open space areas on a proposed site plan shall be
consistent with the open space desi~ ~idelines contained in BIMC 17.04.082(B), open space
area requirements contained in BIMC 17.04.082(D) and the pHoHtization of valued.open space
features contained in BIMC 17.04.082(C).
2. Identification of Residential Homesite Locations. The location of residential homesites on a
proposed site plan shall be facilitated t~ough the use of the desi~ methodology prescribed in
the Flexible Lot Desi~ H~dbook.
a. Clustering Provisions - Homesites. Propeaies being subdivided that cluster
development pursuant to B~C 17.04.080.A.5 shall provide a maximum homesite ~ea on the
face of the plat to indicate ~ture development area for a residential dwelling and possible
accessory dwelling units. The standards for the maximum homesite area are provided in B~C
17.04.080.A.5.
b. Reasonable Use Exception. ~ the case where no homesite template can be located
on a subject propeay, subdivision shall not be pe~itted. Development of the subject prope~y
shall be facilitated consistent with the requirements of BIMC 16.20.090(J), reasonable economic
use exception.
3. Location of Individual or Co--unity Water Supply Systems. The location of any proposed
individual or community well(s) ~or water system(s) for the subject prope~y, and associated
wellhead protection areas as required by the health district shall be ~aphically indicated on a
copy of the base map, or as ~ overlay attac~ent to the base map (providing that the overlay is
prepared on a transparent material). Maintenance access to the proposed wellhead or water
system ~d all areas to be cleared for a wellhead shall also be identified.
Ordinance 2004-08 3rd Reading June 9, 2004 3
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 Bainbridge Island Design and Construction Standards and Specifications" 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).
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).
C t¢. 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 development, infrastructure, and open space
areas. Composite site plan(s) shall be prepared consistent with the requirements in this section t~,
abo-w and the following:
1. 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).
2. Establishment of Lot Lines. Preliminary lot lines shall be established on the composite site
plan to illustrate potential division of the subject property. Circle templates or homesites shall be
clearly indicated within each lot. Lot lines shall not cross any homesite. Preliminary lot lines are
intended for review and discussion at the preapplication conference
Section 3. Section 17.04.080.A.4 of the Bainbridge Island Municipal Code is amended
as follows:
17.04.080.A.4
4. Landscape Buffers *
a. Purpose. The purpose and intent of landscape buffers are to enhance and retain the
character of the Island by maintaining native vegetation along roadways and preserving on and
off-site views; providing visual relief along public roads and between subdivisions and other
existing development; reducing the impact of undesirable sights, sounds or odors.
b. Roadside Buffers. For all flexible lot design subdivisions with a gross area of one
acre or more and that are located in the R-0.4, R-l, R-2 and R-2.9 Districts where established
vegetation of a forested nature is located adjacent to public roads that are designated as collector
or arterial roads on the adopted Road Classification Map, a 50-foot wide vegetative buffer shall
be maintained. In the R-4.3 and R-3.5 Districts a roadside buffer is not required unless it is
determined that a landscape buffer is necessary to maintain the character of the neighborhood or
to reflect neighboring development patterns. The provisions for buffer averaging provided in
BIMC 17.04.080.A.4.f shall apply.
Ordinance 2004-08 3ra Reading June 9, 2004 4
i. For property with a gross area of one acre or more and that is located iin Districts
R-0.4, R-l, R-2 and R-2.9, where there is no established vegetation that contributes to the
existing forested character of these roads, a 25-foot full screen landscape buffer shall be planted
consistent with the requirements of BIMC 18.85.070.B.1, except as noted in ~i~ subsection
ii. Existing houses incorporated into a subdivision and contained within a newly
formed lot. To accommodate an existing house that is located within 50 feet of the property line
adjacent to a collector or arterial road (or within 25 feet of such a property line if section A.4.b.i
above applies), and to maintain the character of the neighborhood and reflect neighboring
development patterns, the existing landscaping may serve as the roadside buffer.
iii. For subdivisionsv.,,,.,~-.~;~;"" .,v,v~t~°/- designating open space that is intended for
agricultural use and would be adversely impacted by the addition of screening landscaping, a 25-
foot roadside buffer as prescribed in ~section.&b.i, above, shall not be required.
iv. Multiple street frontages. For properties subject to the roadside buffer
requirement along two property boundaries, the roadside buffer abutting the street with the lower
classification may be reduced to 25 feet in width. For properties that abut more_than two streets
requiring roadside buffers or in situations where both abutting streets are of the same road
classification, one roadside buffer of the full required width shall be required and all other
roadside buffers may be reduced to 25 feet, provided that the full required width buffer is located
where a greater number of significant trees can be incorporated into the buffer.
c. Park Buffers and Buffers for Dedicated Conservation Lands. For all flexible lot
design subdivision, a 25-foot wide buffer shall be provided along a property line where the land
adjacent to the subdivision boundary is a park or a future park in a municipal plan, or dedicated
conservation land area that has been set aside for open space, wildlife habitat or public
conservation purposes by deed or conservation easement.
d. Landscape Perimeter- Cluster Subdivision Option. When the cluster
development option is selected pursuant to BIMC 17.04.080.A.5 for property with a gross area of
one acre or more and that is located in., the fc,!!~,;;Sng applies: ~. In the R-2.9, R-2, R-1 and R-
0.4 districts, a 25-foot wide landscape perimeter shall be required along the subdivision
boundary; or
e. Allowed Landscape Buffer Activities:
i. Potable water wells and well houses;
ii. Onsite storm water infiltration systems where the vegetated features of the buffer
are not adversely impacted;
iii. Ingress and egress, where the access runs approximately perpendicular to the
landscape perimeter;
iv. Underground utilities, where they mn approximately perpendicular to the
landscape perimeter, provided that disturbance is minimized and the buffer is revegetated after
construction;
v. Non-motorized trails and trail maintenance necessary to provide for safety and
visibility; and
vi. Planting of vegetation.
f. Landscape Buffer Requirements.
Ordinance 2004-08 3rd Reading June 9, 2004 5
i. In order to buffer the visual impact of the proposed subdivision and protect off-site
views, filtered screen landscaping, pursuant to BIMC 18.85.070.B.3 and 18.85.070.C, shall be
required within park buffers, buffers for dedicated conservation lands and landscape perimeter
buffers where established vegetation cannot provide such screening.
ii. All native shrubs and significant trees shall be retained within all landscape
buffers, except that limited removal may be allowed for permitted activities located within the
buffer area.
iii. Required landscape buffer width may be reduced through buffer averaging in
accordance with the criteria in BIMC 18.85.070, Landscape Regulations;. For example, buffers
may be adjusted when such adjustments contribute to the neighborhood character by
incorporating significant trees and native vegetation wit?2n the buffer that retain the forested
.......................... j ......................... r ........ , ~_ ncorporate a un ue landscape
featurei~ or accommodate a unique situation that allows continuation of an existing use, such as a
utility or other easement providing continued use.
g. Landscape buffers may be included in the required open space calculations for a
subdivision as noted in Table II. Table II depicts the landscape buffer requirements_for
subdivisions by zoning district and denotes when the buffer may be included in the open space
calculations.
Table II Landscape Buffer Requirements
Zoning Landscape Roadside Buffer Park & Conservation Land
District Perimeter Buffer (Arterial & Collector Required for Buffer (Required for Both
* & *** Both Options)** & *** Options)
(Cluster Option
Subdivision Only)
R-0.4 25'-Filtered Screen 50'- Established vegetation or 25'-Filtered Screen
25-foot Full Screen (OS)
(OS)
R-1 25'-Filtered Screen 50'- Established vegetation or 25'-Filtered Screen
25-foot Full Screen (OS)
(OS)
R-2 25'-Filtered Screen 50'- Established vegetation or 25'-Filtered Screen
25-foot Full Screen (OS)
(OS)
R-2.9 25'-Filtered Screen 50'- Established vegetation or 25'-Filtered Screen
25-foot Full Screen (OS)
(OS)
R-3.5 No requirement No requirement, unless necessary 25'-Filtered Screen
! 0' Filtered Screen to reflect neighboring development (OS)
patterns
(os)
R-4.3 No requirement No requirement, unless necessary 25'-Filtered Screen
Ordinance 2004-08 3rd Reading June 9, 2004 6
! 9' Filtered Screen to reflect neighboring development (OS)
patterns
(os)
(O.S) indicates that the buffer may be calculated in the required open space area.
* Perimeter buffers are required when a subdivision utilizes the cluster development option
specified in BIMC 17.04.080.A.5.
** Roadside Buffers - A 25-foot full screen buffer must be planted along applicable roadways
when no established vegetation exists along the property boundary in zones R-0.4, R-I, R-2 and R-
2.9.
*** Properties being subdivided with less than one acre are not subiect to landscape buffer
requirements.
*Excepting those buffers established pursuant to critical area review, the requirements of the
Shoreline Management Act, conditioned by SEPA review, or required for public health or safety
reasons.
Section 4. Section 17.04.080.A.5 of the Bainbridge Island Municipal Code is amended
as follows:
17.04.080.A.5
5. Cluster Development Option. Clustering of development may be selected as an
optional standard. If an applicant chooses to cluster development, the open space provisions of
BIMC 17.04.082 shall not apply. Clustering shall be accomplished through the design process
specified in the Flexible Lot Design Handbook; and should meet the intentions of the open space
objectives, open space design guidelines and pric,~tization of valued .open space features as
provided in BIMC 17.04.082.A through C. The following requirements shall apply to cluster
development:
a. Homesite area.
i. In the R-0.4, R-l, R-2; and R-2.9 zoning districts, a homesite area with a maximum
area of 10,000 square feet shall be provided for each lot and shall be depicted on the face of the
plat.
ii. In the R-3.5 and R-4.3 zoning districts, a homesite area with a maximum homesite
area of 7,600 square feet shall be provided for each lot and shall be depicted on the face of the
plat.
iii. The purpose of the homesite area is to define the maximum disturbance area for
development of the primary residential dwelling, garages and accessory dwelling unit for each
lot within the subdivision.
iv. Other allowed uses and structures may be located within the lot and outside the
homesite area, provided that all other applicable requirements of the Bainbridge Island
Municipal Code are satisfied.
b. Homesite clustering.
i. The purpose of clustering is to facilitate the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways, while providing for the
protection of p~z~ty valued open space features listed in BIMC 17.04.082.C.
Ordinance 2004-08 3rd Reading June 9, 2004 7
ii. Homesites shall be located in cluster groupings and the efficient location of
infrastructure shall be used to maximize the undeveloped area in a flexible lot design
subdivision.
iii. To facilitate clustering, homesites of four or more shall constitute a cluster
grouping.
iv. To promote clustering, all homesites in a cluster grouping shall adjoin or be
located a maximum of 25 feet apart from another homesite, except when:
(a) The Fire Marshal requires a greater distance for fire protection requirements; or
(b) The location of existing critical areas precludes the ability to adjoin or locate a
homesite within 25 feet of another homesite.
Section 5. Section 17.04.082 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.082 Flexible Lot Design Open Space Standards.
Unless an applicant utilizes the cluster development option pursuant to BIMC 17.04.080.A.5,
residential subdivisions in the residential zoning districts of R-0.4, R~I, R-2, R-2.9, R-3.5 and R-
4.3 established pursuant to the flexible lot design process shall be subject to the following open
space standards:
A. Open Space Objectives.
1. Open space should accomplish one or more of the following objectives:
a. Conservation and enhancement of natural or scenic resources, including wildlife
habitat;
b. Protection of streams and/or the water supply;
c. Conservation of soils, wetlands, beaches or tidal marshes;
d. Enhancement of the value to abutting or neighboring parks, forests, wild preserves,
nature reservations or sanctuaries;
e. Enhancement of recreational and community agricultural opportunities;
f. Preservation of farmland and historic sites;
g. Preservation of unique natural land or rock features; or
h. Preservation of visual qualities along highway, road and street corridors or scenic
vistas.
B. Open Space Design Guidelines. The area designated for open space preservation shall be
configured in a manner that enhances and promotes the natural character of the Island and open
space characteristics of the property. Open space configuration shall satisfy the following
guidelines:
1. Open space should be concentrated in large, consolidated, usable areas in wh;.ch the
2. Open space should connect to adjacent off-site open space areas, designated greenways
and/or critical areas;
3. Open space should be designed to preserve views from off-site of the subject property;
4. Open space should be designed to preserve established vegetation on ridgelines; and
5. Open space should enhance or retain the Island character through the minimization of
disturbance of roadside vegetation.
Ordinance 2004-08 3rd Reading June 9, 2004 8
,~;5tk ale, w perimeter to area
f'kTf~T A I~I'~IS'DT A I~T
C. Pricritizaticn cf Valued Open Space Features. The relative desirability cf different types
of open space valued by the community are ~ listed in Table III¥-below, and shall be
used as the basis for determining the optimum location for and required amount of open space
areas within a proposed subdivision.
Table III¥ Valued Prieritizati.zn ef Open Space Features
~D';^';t"'/'D..~..-~.%~ x.--,---~"l';"~,~ Open Space Feature Notes
-1- Critical Areas (as defined All critical areas and their associated buffers
in Chapter 16.20 BIMC)= shall be preserved and designated wildlife
and areas contiguous with corridors as adopted by Resolution 2001-12
critical areas and/their should be preserved.
buffers and Wildlife
Corridors
g Native Forests and Significant trees identified consistent with the
Significant Trees standards of the Landscaping Ordinance
(BIMC 18.85) should be preserved.
43 Mature Vegetation on Mature vegetation found on ridgelines of
Ridgelines community significance (as viewed from off-
site) should be preserved.
4 Pastures Meadows and Pastures, meadows and orchards farmland and
Orchards and Fn--'n-4 ~,a ............ +, .... +.~a;+;^.~. ...... a ;,
~should be preserved.
S Trails and Greenways Trails and gG_reenways should be preserved.
Shoreline View Areas Shoreline areas identified consistent with the
provisions of the Shoreline Management Plan
(BIMC 16.12) that is suitable for public access
and habitat area should be considered.
D. Open Space Area Requirements.
1. Required Area. The area provided for open space ~ shall be based on and consistent
with the existing valued open space features (Table III above) of the subject property, up to a
maximum a minimum of 430 2.~5% of the area of the property being subdivided, unless additional
Ordinance 2004-08 3rd Reading June 9, 2004 9
open space area is otherwise provided pursuant to BIMC 17.04.082.D.3.
~. In dete~ining the open space ~ea requirement stated in section D. 1 above, the City
has relied on the Analysis of Open Space report dined April 30, 2004 July ~.~,c ~na~ ~d the other
repons, statutes ~d docments referenced in the recitals to Ordin~ce No. 2004-08 2003 ~9
("Open Space Documentation"). The Open Space Docmentation shall be inco~orated into the
record of eve~ subdivision application. In reviewing a subdivision applicaion, the City shall
consider the Open Space Documentation as presmptively valid ~d applicable to the
subdivision applicmion.
3..~&. Open Space Incentives.
If an applicant provides an additional 15% of permanently protected open space above the
maximum in addition to the 39__25% open space area required by BIMC 17.04.082.D.1, the
following incentive is provided for the property:
a. Lots within the subdivision that are served by a public sewer service may be have
reduced ~:"; .... ~* ..... below 5,000 square foot in size. if the
;; q'~,~ ~;.; .... 1^. ........ T...a~l .... ~1 .^ ~ aaa *'aa* ;*' *~.. d el!lng
.............. 7 ............ ,.~.... $,.qllare .......... W
E. Calculation of Open Space Area. For the purposes of this chapter, the open space area
shall generally be consolidated and contiguous and meet the open space definition, criteria and
standards of this chapter, including the criteria of Tables III e~d IV. Landscape buffers may be
included in the open space calculation as specified in BIMC 17.04.080.A.4.g. If a property being
subdivided contains valued open space features as described in Table III that exceed 25% of the
gross land area, the maximum required area for open space designation is 25%, unless it includes
protected critical areas as regulated by BIMC Chapter 16.20. If the gross land area contains less
than 25% in open space features, then the designated open space is identified accordingly. The
Flexible Lot Design Handbook provides assistance on the methodology for designating open
space areas.
F. Open Space Ownership. Ownership of open space area shall be established consistent
with one of the following forms of ownership:
1. Private Ownership. Open space may be held in private ownership if established by
easements, restrictive covenants, or other similar legal means; or
2. Common Ownership. Open space may be held in common by a home or property
owner's association or other similar organization. For the purposes of this chapter, ownership of
Ordinance 2004-08 3rd Reading June 9, 2004 10
and/or conservation easement being held by a land trust, or other similar conservancy
organization, shall be considered common ownership. If this ownership pattern is selected,
appropriate covenants, conditions, and/or restrictions shall be required; or
3. Public Ownership. The city or other public agency may choose to accept ownership of
open space. Upon approval and acceptance by the Director, open space shall be dedicated to the
public.
G. Uses Allowed in Open Space. The following uses are allowed in those designated open
space areas that are not part of a required landscape buffer (unless zoning regulations of Title 18
or critical areas regulations of Chapter 16.20 restrict such use): 1. Passive recreation, including pervious trails; and
2. Agricultural uses and fencing necessary for animal control, excepting those
agricultural uses that require permanent buildings; and 3. Potable water wells and well houses; and
4. Low impact fencing or signs marking the open space boundary; and
5. Septic systems and storm drainage systems approved by the Director for all zones
~,~pM~--IM., if the applicant can demonstrate that the proposed use will not adversely affect the
function or characteristics of the specific open space and the following criteria are met:
a. Septic System Use. The system is approved by the Bremerton-Kitsap County
Health District; and construction of the system will not require the removal of significant trees,
native forests or vegetation within a required buffer for designated critical areas subject to
Chapter 16.20.
b. Storm Drainage System Use. The system must meet the design standards of
Chapters 15.20 and 15.21 and the system design must contribute to the function and
characteristics of the open space feature by providing the following:
i. The design will include natural contours with slopes no greater than 1:2 for any
above ground storm detention facilities; and
ii. Riparian vegetation will be provided in conjunction with the storm drainage
facility; and
iii. Pedestrian trails should be considered as part of the design; and
iv. Fencing will be minimized, utilizing low impact fencing (e.g. split rail) and
chainlink fences are prohibited.
6. Active Recreational Uses. The following uses may be allowed within a designated
open space area, provided the proposed use will not adversely affect the function or
characteristics of the specific open space:
Playgrounds and tot lots; picnic shelters and benches; community gardens; or fountains.
H. Open Space Management Plan. Open space areas shall be permanently maintained.
An applicant shall submit a draft open space management plan (OSMP) for review as part of the
preliminary plat application. Final approval of the OSMP will occur at the time of final plat
approval.
1. The OSMP shall include 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. The OSMP shall include a maintenance plan for open space areas that clearly
describes the frequency and scope of maintenance activities for open space areas. Such a plan
shall include, but not be limited to the following:
Ordinance 2004-08 3rd Reading June 9, 2004 11
a. A forest management plan, if the open space is to be managed as forested open
space pursuant to RCW 84.34 or as timberland under RCW 76.09.050.
b. For open space areas that are forested and are not part of a forest management
plan as described in subsection 2.a, above, provisions shall be included for replacing significant
trees that may later become diseased or die or are determined to be a hazard to life or property.
c. An identification of the management entity responsible for the maintenance of
the open space areas. Open space areas shall be maintained permanently by the individual
property owners, property owner's association, a conservancy organization, special public
district or the city for properties owned by the city.
d. A plan for protecting open space features and existing vegetation within all
open space areas, both during and after the construction phases including provisions for
replacing significant trees and other vegetation that are damaged as a result of construction
actions. Such a plan shall include temporary fencing to be installed around the open space
during construction phases to prevent accidental damage to the open space.
e. A plan for irrigating and otherwise ensuring the survival of any newly
established vegetation.
f. Provisions for the removal of invasive species and for the general enhancement
of fish and wildlife habitat, consistent with guidelines developed by the City.
g. A requirement for either a low impact fence (e.g. split rail) or signs delineating
the boundary of the open space area. Low impact fences are preferred. Signage and fencing will
not be required for the landscape buffers.
3. In the event that the open space area is not maintained consistent with the OSMP, the
city shall have the right to provide the maintenance thereof, and bill the owner for the cost of the
maintenance.
Section 6.
repealed.
Section 7.
amended as follows:
Section 17.04.083 the Bainbridge Island Municipal Code is
Section 17.04.091 of the Bainbridge Island Municipal Code is
17.04.091 Preliminary subdivision - Application submittal.
A. The property owner or his/her authorized agent may apply for a subdivision.
B. Appendix B(1) of this title 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 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.
C. In addition to the submittal requirements listed in Appendix B(1), the applicant may
submit any additional studies, analysis or other information regarding the City's open space area
requirement contained in BIMC 17.04.082 that the applicant desires the City to consider in
connection with imposing the open space requirement on the applicant's proposed subdivision.
The studies, reports or other information shall indicate the basis on with they are made, and may
include a demonstration that the open space designation required under BIMC 17.04.082 is not
Ordinance 2004-08 3rd Reading June 9, 2004 12
reasonably necessary as a direct result of the proposed subdivision, and that an alternative open
space designation is in an amount that is reasonably necessary as a direct result of the proposed
subdivision. The City shall consider the applicant's open space studies, analysis or other
information as a part of processing and reviewing the subdivision application.
Section 8. Section 17.12.080 of the Bainbridge Island Municipal Code is amended as
follows:
17.12.080 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 conference: A. Base Map. Prepared consistent with Appendix B(2) of this title.
D A ~.4~1 Dl~^+~n~h t-~,-.~;~,~- ..,;+1. A~,4~v D[O~ ~,C+l~;~ +;+1~
B.B_ t~. 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 BIMC 17.12.092. The location of open space areas on a proposed site plan
shall meet the open space standards contained within BIMC 17.12.092, the prioritization of open
space features contained within BIMC 17.12.092.C, and open space area requirements within
BIMC 17.12.092 D.
2. Identification of Residential Homesite Locations. The location of residential homesites
on a proposed site plan shall be facilitated through the use of the design methodology prescribed
in the Flexible Lot Design Handbook.
a. Clustering Provisions - Home-sites. Properties being subdivided that cluster
development pursuant to BIMC 17.12.090.A.5 shall provide a maximum homesite area on the
face of the plat to indicate future development area for a residential dwelling and possible
accessory dwelling units. The standards for the maximum homesite area are provided in BIMC
17.12.090.A.5.
b. Reasonable Use Exception. In the case where no homesite 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 BIMC 16.20.090.I, Reasonable Use
Exception (RUE).
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.
Ordinance 2004-08 3rd Reading June 9, 2004 13
5. Provision of Roads and Access. Roads and access consistent with the requirements of
the "City of Bainbridge Island Design and Construction Standards and Specifications" 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).
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).
C t~. 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 development, infrastructure, and open space
areas.
1. Composite site plan(s) shall be prepared consistent with the requirements for the
proposed site plan, in ~g~s~6~a-A-~f this section, and the following:
a. 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).
b. Establishment of Lot Lines. Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the subject property. Circle templates or
homesites shall be clearly indicated within each lot. Lot lines shall not cross any homesite.
Preliminary lot lines are intended for review and discussion at the preapplicati°n conference.
Section 9. Section 17.12.090.A.3.c of the Bainbridge ISland Municipal Code is amended
as follows:
c. Setbacks
i. Building to Building (on-site)
ii. Building to subdivision
boundary
iii. Building to Right-of-Way:
Arterial (SR 305)
Arterial (other)
Collector
Minimum 10 feet separation
Minimum 15 feet ,~D ~ ~ ~.,~ D
Minimum 25 feet in R-0.4 only
Minimum
Minimum
Minimum
Minimum
75 feet setback
50 feet setback
40 feet in R-4.3
50 feet setback
and 3.5 only
Minimum 40 feet setback in R-4.3 and 3.5 only
All others Minimum 15 feet setback
iv. Building to Trail, Open Space or Access Easement (except for open space areas
that are also roadside or landscape buffers): Minimum 10 feet setback
Section 10. Section 17.12.090.A.4 of the Bainbridge Island Municipal Code is amended
as follows:
Ordinance 2004-08 3rd Reading June 9, 2004 14
17.12.090 Flexible lot - Standards.
A.4 Landscape Buffers *
a. Purpose. The purpose and intent of landscape buffers are to enhance and retain the
character of the Island by maintaining native vegetation along roadways and preserving on and
off-site views; providing visual relief along public roads and between subdivisions and other
existing development; reducing the impact of undesirable sights, sounds or odors.
b. Roadside Buffers. Except for properties containing a gross area of less than one
acre,¥Cwhere established vegetation of a forested nature is located adjacent to public roads that
are designated as collector or arterial roads on the adopted Road Classification Map, a 50-foot
wide vegetative buffer shall be maintained, except that in the R-4.3 and R-3.5 districts_the-buffer
o-.~-~n" ~,~,,, Ar~,v ,,,,,~c~+ ,~; .... ,,~.~-:~+~ a roadside buffer is not required unless it is determined that a landscape
buffer is necessary to maintain the character of the neighborhood or to reflect neighboring
development patterns. The provisions for buffer averaging provided in BIMC 17.12.090.A.4.f
shall apply.
i. Where there is no established vegetation that contributes to the existing forested
character of these roads, the character of the neighborhood shall be maintained by establishing
building setbacks equal to or greater than the existing building setbacks on the adjacent
properties pursuant to BIMC 17.12.090.A.3.c.v.
ii. Existing houses incorporated into a subdivision. To accommodate an existing
house that is located within 50 feet of the property line adjacent to a collector or arterial road, the
roadside buffer area width shall be reduced to the width between the existing house and the
property line adjacent to the collector or arterial road.
iii. Multiple street frontages. For properties subject to the roadside buffers
requirement along two property boundaries, the roadside buffer abutting the street with the lower
classification may be reduced to 25 feet in width. For properties that abut more than two streets
requiring roadside buffers or in situations where both abutting streets are of the same road
classification, one roadside buffer of the full required widthv~,,rct~ c~,~,,,,~ ,,.~ ~,,A ~ C^,,,~,,,,~ shall be required
and all other roadside buffers may be reduced to 25 feet, provided that the full required width
x~,,,rca .,,,,,r^"* ,,,~'" ~,,An ,,,,,~,c^~'*x buffer is located where a greater number of significant trees can be
incorporated into the buffer.
c. Park Buffers and Buffers for Dedicated Conservation Lands. A 25-foot wide buffer
shall be provided along a property line where the land adjacent to the subdivision boundary is a
park or a future park in a municipal plan, or dedicated conservation land area that has been set
aside for open space, wildlife habitat or public conservation purposes by deed or conservation
easement.
d. Landscape Perimeter. When the cluster development option is selected pursuant
to BIMC 17.12.090.A.5, ~-~ c~.~..~ · :
.............. ~ app!:es: .. In for property containing a gross area of one
acre or more and that is located in the R-2.9, R-2, R-1 and R-0.4 districts, a 25-foot wide
landscape perimeter shall be required along the subdivision boundary; or
e. Allowed Landscape Buffer Activities:
i. Potable water wells and well houses;
ii. Onsite storm water infiltration systems where the vegetated features of the buffer
are not adversely impacted;
Ordinance 2004-08 3rd Reading June 9, 2004 15
iii. Ingress and egress, where the access runs approximately perpendicular to the
landscape perimeter;
iv. Underground utilities, where they run approximately perpendicular to the
landscape perimeter, provided that disturbance is minimized and the buffer is revegetated after
construction;
v. Non-motorized trails and trail maintenance necessary to provide for safety and
visibility; and
vi. Planting of vegetation.
fi Landscape Buffer Requirements.
i. In order to buffer the visual impact of the proposed subdivision and protect off-site
views, filtered screen landscaping, pursuant to BIMC 18.85.070.B.3 and 18.85.070.C, shall be
required within park buffers, buffers for dedicated conservation lands and landscape perimeter
buffers where established vegetation cannot provide such screening.
ii. All native shrubs and significant trees shall be retained within all landscape
buffers, except that limited removal may be allowed for permitted activities located within the
buffer area.
iii. Required landscape buffer width may be reduced through buffer averaging in
accordance with the criteria in BIMC 18.85.070, Landscape Regulations;. For example, buffers
may be adiusted when such adjustments contribute to the neighborhood character by
incorporating significant trees and native vegetation within the buffer th~ retain the forested
.......................... .~ ......................... t- ........ , ~ ncorporate a un ue landscape
feature4,~ or accommodate a unique situation that allows continuation of an existing use, such as a
utility or other easement providing continued use.
g. Landscape buffers may be included in the required open space calculations for a
subdivision as noted in Table II. Table II depicts the landscape buffer requirements for
subdivisions by zoning district and denotes when the buffer may be included in the open space
calculations.
Table II Landscape Buffer Requirements
Zoning Landscape Roadside Buffer Park & Conservation Land
District Perimeter Buffer (Arterial & Collector) Buffer
(Cluster Option Required for Both
Subdivision Only) Options)**
R-0.4 25'-Filtered Screen 50' Established 25'-Filtered Screen
Vegetation (OS)
(OS)
R-1 25'-Filtered Screen 50' Established 25'-Filtered Screen
Vegetation (OS)
(os)
R-2 25'-Filtered Screen 50' Established 25'-Filtered Screen
Vegetation (OS)
Ordinance 2004~08 3rd Reading June 9, 2004 16
(OS)
R-2.9 25'-Filtered Screen 50' Established 25'-Filtered Screen
Vegetation (OS)
(os)
R-3.5 No requirement No requirement, unless 25'-Filtered Screen
10' Fi!tere~ Scr.e, en necessary to reflect (OS)
neighboring
development patterns
(os)
R-4.3 No requirement No requirement, unless 25'-Filtered Screen
10' Fi!tere~ Screen necessary to reflect (OS)
neighboring
development patterns
(os)
(OS) indicates that the buffer may be calculated in the required open space area.
* Perimeter buffers are only required when a subdivision utilizes the cluster development option
specified in BIMC 17.12.090.A. 5.
** Properties being subdivided with a gross area less than one acre are not subject to landscape buffer
requirements.
*Excepting those buffers established pursuant to critical area review, the requirements of the
Shoreline Management Act, conditioned by SEPA review, or required for public health or safety
reasons.
Section 11. Section 17.12.090.A.5 of the Bainbridge Island Municipal Code is amended
as follows:
17.12.090.A.5
5. Cluster Development Option. Clustering of development may be selected as an
optional standard. If an applicant chooses to cluster development, the open space provisions of
BIMC 17.12.092 shall not apply. Clustering shall be accomplished through the design process
specified in the Flexible Lot Design Handbook; and should meet the intentions of the open space
objectives, open space design guidelines and ~,4^,4~;.n~;^,r..v..~.~.v.. v-^C valued open space features as
provided in BIMC 17.12.092.A through C; and the following requirements shall apply:
a. Homesite Area.
i. In the R-0.4, R-l, R-2, and R-2.9 zoning districts, a homesite area with a maximum
area of 10,000 square feet shall be provided for each lot and shall be depicted on the face of the
plat.
ii. In the R-3.5 and R-4.3 zoning districts the maximum home site area provided for
each lot shall be 7,600 square feet and shall be depicted on the face of the plat.
Ordinance 2004-08 3rd Reading June 9, 2004 17
iii. The purpose of the homesite area is to define the maximum disturbance area for
development of the primary residential dwelling, garages and accessory dwelling unit for each
lot within the subdivision.
iv. Other allowed uses and structures may be located within the lot and outside the
homesite area, provided that all other applicable requirements of the Bainbridge Island
Municipal Code are satisfied.
b. Homesite clustering.
i. The purpose of clustering is to facilitate the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways, while providing for the
protection of p~qc~ty valued open space features as provided in BIMC 17.12.092.C.
ii. Homesites shall be clustered into cluster groupings and the efficient location of
infrastructure shall be utilized to maximize open space area in a flexible lot design subdivision.
iii. To facilitate clustering, homesites of two or more shall constitute a cluster
grouping.
iv. To promote clustering, all homesites in a cluster grouping shall adjoin or be
located a maximum of 25 feet apart from another homesite in a cluster grouping, except as
follows:
(a). The Fire Marshal requires a greater distance for fire protection requirements; or
(b). The location of existing critical areas precludes the ability to adjoin or locate a
homesite within 25 feet of another homesite.
Section 12. Section 17.12.092 of the Bainbridge Island Municipal Code is amended as
follow:
17.12.092 Flexible Lot Design Open Space Standards.
Unless an applicant utilizes the cluster development option pursuant to BIMC 17.12.090.A.5,
residential subdivisions in the residential zoning districts of R-0.4, R-l, R-2, R-2.9, R-3.5 and R-
4.3 established pursuant to the flexible lot design process shall be subject to the following open
space standards:
A. Open space objectives.
1. Open space should accomplish one or more of the following objectives:
a. Conservation and enhancement of natural or scenic resources, including wildlife
habitat;
b. Protection of streams and/or the water supply;
c. Conservation of soils, wetlands, beaches or tidal marshes;
d. Enhancement of the value to abutting or neighboring parks, forests, wild preserves,
nature reservations or sanctuaries;
e. Enhancement of recreational and community agricultural opportunities;
f. Preservation of farmland and historic sites;
g. Preservation of unique natural land or rock features; or
h. Preservation of visual qualities along highway, road and street corridors or scenic
vistas.
B. Open Space Design Guidelines. The area designated for open space preservation shall be
configured in a manner that enhances and promotes the natural character of the Island and open
Ordinance 2004-08 3rd Reading June 9, 2004 18
space characteristics of the property. Open space configuration shall satisfy the following
guidelines:
1. Open space should be concentrated in large, consolidated, usable areas in wk':ck tke
..... ~-T., .......... ;~ A~I;~*~A ,~A*I., ~ 1 ....... ;~*~ * ....... +;~ t" ......... l~ ;~ T,-,I~,I,~ ITT
2. Open space should connect to adjacent off-site open space areas, designated greenways
and/or critical areas;
3. Open space should be designed to preserve views from off-site of the subject property;
4. Open space should be designed to preserve established vegetation on ridgelines; and
5. Open space should enhance or retain the Island character through the minimization of
disturbance of roadside vegetation. ·
~OT ACCEPTAELE)
(ACCEPTAELE)
C. Pricr~tization cf Valued Open Space Features. The relative desirabiED' cf different types
of open space valued by the community are ~ listed in Table IlPC-below, and shall be
used as the basis for determining the optimum location for and required amount of open space
areas within a proposed subdivision.
Table III¥ Valued Pr~cr:.t:'zat:.cn cf Open Space Features
Open Space Feature Notes
Critical Areas (as defined All critical areas and their associated buffers
in Chapter 16.20 BIMC), shall be preserved and designated wildlife
an~ areas contiguous with corridors as adopted by Resolution 2001-12
critical areas and/their should be preserved.
buffers and Wildlife
Corridors
Native Forests and Significant trees identified consistent with the
Significant Trees standards of the Landscaping Ordinance
(BIMC 18.85) should be preserved.
Mature Vegetation on Mature vegetation found on ridgelines of
Ridgelines community significance (as viewed from off-
site) should be preserved.
Pas{ures Meadows and Pastures, meadows and orchards *'~
Ordinance 2004-08 3rd Reading June 9, 2004 19
Orchards ~,a x:,~_,~ !~d ~eas c-~::ent!y or trad:.tiona!!y used in
,,.4~,,~+ .... should be preserved.
Trails and Greenways Trails and ~__Greenways should be preserved.
Shoreline View Areas Shoreline areas identified consistent with the
provisions of the Shoreline Management Plan
(BIMC 16.12) that is suitable for public access
and habitat area should be considered.
D. Open Space Area Requirements.
1. Required Area. The area d~mU, oat~ provided for open space ~ shall be based on and
consistent with the existing valued open space features (Table III above)of the subiect property,
up to a maximum a m/n/mum of gO 25% of the area of the property being subdivided, unless
additional open space area is otherwise provided pursuant to BIMC 17.12.092.D.3. ~
2.~ In dete~ining the open space desi~ation requirement stated in section D. 1 above,
the City has relied on the AnaCsis of Open Space repo~ dated July 15, 2003 and mendmed
April 30, 2004 and the other repo~s, statutes ~d documents referenced in the recitals to
Ordinance No.2004-08 200~ 02 ("Open Space Documentation"). The Open Space
Documentation shall be inco¢orated into the record of every sho~ subdivision application. M
reviewing a sho~ subdivision application, the City shall consider the Open Space Documentation
as presumptively valid and applicable to the sho~ subdivision application.
3.~ Open Space Incentives.
If an applic~t provides an additional 15% of pe~anently protected open space above the
maximum in -~;t:c~ tc t~e ~0 2~% open space ~ea required by BIMC section 17.12.092.D.1,
the following incentive is provided for the propeay:
a. The division or redivision of two or more existing lots into up to nine lots
consistent with the procedures ~d st~dards contained in Chapter 17.12 B~C shall constitute a
"sho~ subdivision".
E. Calculation of Open Space Area. For the p~oses of this chapter, the open space ~ea
shall generally be consolidated ~d contiguous ~d meet the open space definition, criteria and
st~dards of this chapter, including the chtefia of Tables III ~d IV. Landscape buffers may be
included in the open space calculation as specified in Section 17.12.090.A.4.E If a prope~y being
subdivided contains valued open space features as described in Table III that exceed 25% of the
~oss l~d ~ea, the maximum required area for open space desi~ation is 25%, unless it includes
protected critical ~ea as regulated by BIMC Chapter 16.20. If the ~oss land ~ea contains less
than 25% in open space features, then the desi~ated open space is identified accordingly. The
Flexible Lot Desi~ Handbook provides assistance on the methodology for desi~ating open
space areas.
Ordinance 2004-08 3rd Reading June 9, 2004 20
F. Open Space Ownership. Ownership of open space area shall be established consistent
with one of the following forms of ownership:
1. Private Ownership. Open space may be held in private ownership if established by
easements, restrictive covenants, or other similar legal means; or
2. Common Ownership. Open space may be held in common by a home or property
owner's association or other similar organization. For the purposes of this chaPter, ownership of
and/or conservation easement being held by a land trust, or other similar conservancy
organization, shall be considered common ownership. If this ownership pattern is selected,
appropriate covenants, conditions, and/or restrictions shall be required; or
3. Public Ownership. The city or other public agency may choose to accept ownership of
open space. Upon approval and acceptance by the Director, open space shall be dedicated to the
public.
G. Uses Allowed in Open Space. The following uses are allowed in those designated open
space areas that are not part of a required landscape buffer (unless zoning regulations of Title 18
or critical areas regulations of Chapter 16.20 restrict such use): 1. Passive recreation, including pervious trails; and
2. Agricultural uses and fencing necessary for animal control, excepting those
agricultural uses that require permanent buildings; and 3. Potable water wells and well houses; and
4. Low impact fencing or signs marking the open space boundary; and
5. Septic systems and storm drainage systems approved by the Director for all zones
~x-,~pt--P~4X4, if the applicant can demonstrate that the proposed use will not adversely affect the
function or characteristics of the specific open space and the following criteria are met:
a. Septic System Use. The system is approved by the Bremerton-Kitsap County
Health District; and construction of the system will not require the removal of significant trees,
native forests or vegetation within a required buffer for designated critical areas subject to
Chapter 16.20.
b. Storm Drainage System Use. The system must meet the design standards of
Chapters 15.20 and 15.21 and the system design must contribute to the function and
characteristics of the open space feature by providing the following:
i. The design will include natural contours with slopes no greater than 1:2 for any
above ground storm detention facilities; and
ii. Riparian vegetation will be provided in conjunction with the storm drainage
facility; and
iii. Pedestrian trails should be considered as part of the design; and
iv. Fencing will be minimized, utilizing low impact fencing (e.g. split rail) and
chainlink fences are prohibited.
6. Active Recreational Uses. The following uses may be allowed within a designated
open space area, provided the proposed use will not adversely affect the function or
characteristics of the specific open space:
Playgrounds and tot lots; picnic shelters and benches; community gardens; or fountains.
H. Open Space Management Plan. Open space areas shall be permanently maintained.
An applicant shall submit a draft open space management plan (OSMP) for review as part of the
preliminary plat application. Final approval of the OSMP will occur at the time of final plat
approval.
Ordinance 2004-08 3rd Reading June 9, 2004 21
1. The OSMP shall include 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. The OSMP shall include a maintenance plan for open space areas that -:&icP.
clearly describes the frequency and scope of maintenance activities for open space areas. Such a
plan shall include, but not be limited to the following:
a. A forest management plan, if the open space is to be managed as forested open
space pursuant to RCW 84.34 or as timberland under RCW76.09.050.
b. For open space areas that are forested and are not part of a forest management
plan as described in subsection 2.a, above, provisions shall be included for replacing significant
trees that may later become diseased or die or are determined to be a hazard to life or property.
c. An identification of the management entity responsible for the maintenance of
the open space areas. Open space areas shall be maintained permanently by the individual
property owners, property owner's association, a conservancy organization, special public
district or the city for properties owned by the city.
d. A plan for protecting open space features and existing vegetation within all
open space areas, both during and after the construction phases including provisions for
replacing significant trees and other vegetation that are damaged as a result of construction
actions. Such a plan shall include temporary fencing to be installed around the open space
during construction phases to prevent accidental damage to the open space.
e. A plan for irrigating and otherwise ensuring the survival of any newly
established vegetation.
f. Provisions for the removal of invasive species and for the general enhancement
of fishand wildlife habitat, consistent with guidelines developed by the City.
g. A requirement for either a low impact fence (e.g. split rail) or signs delineating
the boundary of the open space area. Low impact fences are preferred. Signage and fencing will
not be required for the landscape buffers.
3. In the event that the open space area is not maintained consistent with the OSMP, the
city shall have the right to provide the maintenance thereof, and bill the owner........~..._,:,..,~;--~" __for
the cost of the maintenance.
Section 13. Section 17.12.093 of the Bainbridge Island Municipal Code is repealed.
Section 14. Section 17.12.102 of the Bainbridge Island Municipal Code is amended as
follows:
17.12.102 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 this title 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
Ordinance 2004-08 3rd Reading June 9, 2004 22
no impact on the vesting requirements, and the director acts after the application is deemed
complete.
C. In addition to the submittal requirements listed in Appendix B(2), the applicant may
submit any additional studies, analysis or other information regarding the City's open space area
requirement contained in BIMC 17.12.092 that the applicant desires the City to consider in
connection with imposing the open space requirement on the applicant's proposed short
subdivision. The studies, reports or other information shall indicate the basis on with they are
made, and may include a demonstration that the open space designation required under BIMC
17.12.092 is not reasonably necessary as a direct result of the proposed short subdivision, and
that an alternative open space designation is in an amount that is reasonably necessary as a direct
result of the proposed short subdivision. The City shall consider the applicant's open space
studies, analysis or other information as a part of processing and reviewing the short subdivision
application.
Section 15. Notwithstanding BIMC 17.04.060 and 17.12.065, an applicant that has filed
a complete application for preliminary subdivision or short subdivision approval prior to the
effective date of this Ordinance, but that has not received a decision on the application prior to
the effective date of this Ordinance, shall have the option to have the application processed and
reviewed under (1) all City land use regulations in effect on the effective date of this Ordinance,
(2) the regulations contained in this Ordinance and to the extent not inconsistent with the
regulations in this Ordinance, the City's land use regulations in effect on the date that the
complete application was filed, or (3) all City land use regulations in effect on the date that the
complete application was filed.
Section 16. To the extent that the requirements set forth in the provisions of this ordinance
are inconsistent with requirements set forth in other City code provisions, the requirements set forth
in this ordinance shall supersede the requirements in the other City code provisions.
Section 17. This ordinance shall take effect 5 days after its passage, approval and
publication as required by law.
PASSED by the City Council this 9th day of June 2004.
APPROVED by the Ma~,or this 10th day of June, 2004.
DARLENE KORDONOWY, Mayor //
ATTEST/AUTHENTICATE:
SUE P. KASPER, City Clerk
Ordinance 2004-08 3rd Reading June 9, 2004 23
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attomey
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
May18,2004
June 9, 2004
Junel6,2004
June 21,2004
2004-08
Ordinance 2004-08 3rd Reading June 9, 2004 24