ORD 2000-13 DENSITY CALCULATIONS & WETLANDS AREASORDINANCE NO. 2000 - 13
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, relating to
density calculations and wetland areas, amending Section 16.20.090.C, D and E of the Bainbridge
Island Municipal Code (BIMC).
WHEREAS, with Ordinance No. 92-07, the City adopted a critical areas ordinance to
protect environmentally sensitive areas including wetland; and
WHEREAS, the Bainbridge Island Comprehensive Plan provides for the protections of
wetlands and allows some density transfer from regulated wetland areas; and
WHEREAS, the City has determined that predictability in density calculations is
necessary to assure proper planning and design of residential subdivisions through the flexible lot
design subdivision ordinances; and
WHEREAS, the current methodology does not provide enough direction to adequately
protect wetlands;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 16.20.090.C, D and E of the Bainbridge Island Municipal Code is amended as
follows:
C. Limited Density Calculation.
The Director shall not allow credit for density for the portion of the site occupied by
regulated wetlands except in the R-0.4 zone, where complete density credit is allowed for
regulated wetlands occupying up to 20% of the total site provided that there are no direct
impacts to the wetlands or required buffers. In the R-0.4 zone. if the regulated wetlands
occupy more then 20% of the total site, the density credit for the wetlands shall be calculated
for no more then 20% of the total site area.
2. When a property to be developed contains a wetland buffer, the allowable density for the area
containing the buffer shall be determined using the formula in subsection a. below. The formula
for density calculations is designed to provide for the preservation of wetland and wetland
buffers. flexibility in design, and consistent treatment of different types of development
proposals. The formula shall apply to all properties within existing residential zones on which
wetland buffers are located.
a. Formula for Densit. v Calculation of Wetland Buffer Area Area in Wetland Bu. lTer x
Density Credit (see table below) ~ Base Densi.ty (minimum lot area per dwelling unit) =
Allowed densi.ty for buffer area.
Percentage of site in wetland Density: Credit::
buffer
1-10% 100%
11-20% 90%
21-30% 80%
- 31-40% 70%
41-50% 60%
51-60% 50%
61-70% 40%
71-80% 30%
81-90% 20%
91-99% 10%
b. The buffer density is added to the base density for the remaining portions of the parcel to
determine the allowed maximum base density for the property containing wetland and/or wetland
buffers.
3. The buffer density can only be transferred ~vithin the development proposal site except as
allowed in subsection 4, below. Resulting lot area shall be sufficient in size to accommodate an
on-site septic system if no sanitary sewer system is available to serve the property.
1. Applicants, except as provided in subsection C.2 of this section, will not be allowed to
include the area of the wetland in density calculation.
2. An applicant may choose to use the planned unit development (PUD), subdivision, or
short subdivision processes to accommodate innovation, creativity, and design flexibility,
and to achieve a level of environmental protection that would not be possible by typical
lot by lot development. Through the subdivision, short subdivision or PUD provisions,
some or all of the wetland area may be included in the density calculation on a
case by case basis, but may not allo~v the maximum density to be achieved.
a. The benefit from this subsection should be applied cautiously, xvith due regard for the
purposes of this chapter as stated in BIMC 16.20.010 and the follo~ving criteria:
i. The extent to which the propcw,,ed activities ~vill result in the conservation,
alteration or impairment to the wetland's functional characteristics and its existing
contours, vegetation, fish and ~vildlife resources, and hydrological conditions;
ii. The extent to ~vhich the proposed activity will jeopardize the continued
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existence of endangered, threatened, rare, sensitive, monitor species as listed by
the federal government or the state of Washington;
iii. Whether the proposed activity is likely to cause measurable degradation of
groundwater or surface water quality;
iv. Whether the proposed activity complies with all state, local and federal laws,
including those related to sediment control, pollution control, floodplain
restrictions, and on site wastewater disposal;
v. The extent to which the impacts to wetlands will be mitigated; and
vi. Whether there is likely to be any damage to nearby public or private property
or an3' threat to public health or safety.
4~ b:. If a regulated wetland, required buffer and/or stream buffer is retained in a permanent
conservation easement, density credit for the area in the conservation easement may be used
for tax credit or as part of a transfer of development rights or purchase of development fights
program. To obtain density credit for the subject property as part of development on the
subject property, the applicant must follow the procedures in BIMC 16.20.090.C.2.
D. Subdivision and Short Plats
1_. Recording. If property is the subject of a subdivision or short subdivision the
designation o'f any open space tract, wetlands or wetlands buffer shall be clearly marked as an
easement on the plat, and any restrictions on use of the open space tract, wetlands, or wetlands
buffer shall be included in the open space management plan and noted on the
plat.
~. 2~ Creation of New Lots. New lots shall contain at least one building site, including access,
that is suitable for development and is not within the regulated wetland or its buffer.
Section 2. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 28th day of June 2000.
APPROVED by the Mayor this 29th day of June 2000.
D ght Sutton, Mayor
~CityU~'~lerk~
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE City Clerk:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
May 17, 2000
June 28,2000
September l6,2000
September21,2000
2000-13
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