Title 17 SUBDIVISIONS

Chapters:

17.04 Subdivisions

17.08 Dedication of Land for Park and Recreational Facilities

17.12 Short Subdivisions

17.16 Large Lot Subdivisions

17.20 Boundary Line Adjustments

Appendices

A Repealed

B(1) Submittal Requirements for Subdivisions

B(2) Submittal Requirements for Short Subdivisions

B(3) Submittal Requirements – Large Lot Subdivisions

Chapter 17.04
SUBDIVISIONS

Sections:

17.04.010 Compliance.

17.04.020 Purpose.

17.04.030 Exclusions.

17.04.040 Definitions.

17.04.050 Subdivisions – Process overview.

17.04.060 Preliminary subdivision – Vesting.

17.04.070 Preliminary subdivision – Design assistance.

17.04.075 Preliminary residential subdivision – Flexible lot design preparation of maps, site plans and studies.

17.04.080 Flexible lot – Standards.

17.04.082 Flexible lot design open space standards.

17.04.083 Fee in-lieu of open space program.

17.04.085 Commercial and multifamily subdivision standards.

17.04.090 Preliminary subdivision – Application fee.

17.04.091 Preliminary subdivision – Application submittal.

17.04.092 Notice requirements.

17.04.093 Preliminary subdivision – Review process.

17.04.094 Preliminary subdivision – Decision criteria.

17.04.095 Preliminary subdivision – City council acceptance or rejection.

17.04.096 Preliminary subdivision – Time limitation.

17.04.097 Final subdivision – Phased development.

17.04.098 Preliminary plat – Extension for phased development.

17.04.099 Preliminary subdivision – Effect of approval.

17.04.100 Preliminary subdivision – Modification of plat.

17.04.110 Dedications.

17.04.111 Final subdivision – Submittal requirements.

17.04.112 Final subdivision – Application fee.

17.04.113 Final subdivision – Review and recommendation.

17.04.115 Final subdivision – City council review and approval.

17.04.119 Final subdivision – Assurance device.

17.04.120 Special requirements for critical areas.

17.04.130 Alteration of subdivision – Procedure.

17.04.131 Alteration of open space and/or open space usage.

17.04.140 Development of illegally divided land.

17.04.150 Penalty.

17.04.160 Enforcement.

17.04.170 Construction.

17.04.010 Compliance.

All subdivisions, as defined in BIMC 17.04.060, shall comply with this chapter. (Ord. 96-06B § 1, 1996)

17.04.020 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 and further the comprehensive plan policies addressing residential subdivision of land (specifically the land use element of the comprehensive plan – residential open space goals and policies), this chapter establishes a flexible lot process that promotes the preservation of open space, consolidation of open space, and clustering of development within residential subdivisions. This process facilitates the fair and predictable division of land, maintains the current character of the city, encourages efficient and cost-effective provisions for infrastructure, limits the development impact area, minimizes impervious surface area and provides 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 also allow for the subdivision of land for commercial, multifamily and mixed use, and accomplish uniform monumenting of land subdivision and conveyance by accurate legal description. (Ord. 2003-49 § 1, 2004: Ord. 96-06B § 1, 1996)

17.04.030 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. Divisions 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 BIMC 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, 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 have a membership or other legal or beneficial interest”; and

G. A division (1) caused by condemnation or by acquisition by a government entity in lieu of condemnation, or (2) otherwise resulting from a transfer of land to a government entity for open space, park, public vehicular access, public pedestrian access, utility, or right-of-way purposes, or to a private utility regulated by the State Utilities and Transportation Commission for utility improvement purposes. (Ord. 2001-08 § 1, 2001: Ord. 96-06B § 1, 1996)

17.04.040 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.

“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.

“Circle template” means a prescribed minimum area used for planning purposes to determine the optimum location within a parcel for a homesite. A circle template shall fit within every new lot created in order to define the minimum lot dimensions and potential building sites. The circle template shall not include critical areas (as defined in BIMC 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 circle template shall be increased by 50 percent to determine the building’s ground level coverage area. Refer to the Flexible Lot Design Handbook to determine the minimum circle template for developments and for more information.

“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 valued open space features.

“Cluster grouping” means a grouping of two or more homesite areas for short subdivisions and a grouping of four or more homesites for subdivisions regulated by Chapter 17.04 BIMC.

“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 circle 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 storm water plan” means a preliminary plan prepared by a licensed civil city engineer consistent with the standards contained within Chapter 15.20 BIMC. The conceptual storm water plan shall describe the proposed methodology for storm water 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:

1. Aquifer recharge areas, fish and wildlife habitats, frequently flooded areas, geologically hazardous areas, wetlands and streams.

2. Critical areas and their protective buffers as described by Chapter 16.20 BIMC.

“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 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.

“Established vegetation” means mature trees and shrubs.

“Farms and farmland” mean farms and farmland as defined in BIMC 16.24.020.

“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 Chapter 58.17 RCW and 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, maintain island character and protect the Island’s natural systems. The criteria for the layout and design of lots, including a minimum percentage of open space and a minimum lot size are described in Chapters 17.04 and 17.12 BIMC.

“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 BIMC.

“Homesite area” means the area of a lot depicted on the face of a plat that is intended for development of a residential dwelling and/or accessory dwelling unit.

“Island character” is the term used to describe the special character of the Island – winding, narrow and vegetated roadways and forested 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 chapter, it does not refer to a level of service, or type of development, or measure of development intensity.

“Landscape perimeter” means a landscape buffer located along a subdivision boundary. The landscape perimeter may contain established native vegetation or additional landscaping. The landscape perimeter may contain multipurpose trails or bikeways if those trails could be accommodated without compromising significant vegetation or hazardous slopes.

“Landslide hazard areas” as defined in Chapter 16.20 BIMC.

“Mature trees and shrubs” means significant trees as defined in Chapter 18.85 BIMC and/or native shrubs, ferns and forbes established at a density that provides a predominately continuous cover.

“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 features which are prominently visible from off-site public rights-of-way and lands.

“Meadow” means an open, nonforested area formed by the land’s natural features and events of nature.

“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 line shall be established parallel to a line segment which describes the minimum width of the principal building.

Illustration I: Minimum Lot Width Measurement Line

“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 nonforested area formed by the land’s natural features and events of nature rather than human activities.

“Off-site views” mean existing scenic views of forests, mountains, farms, meadows or marine waters into and across a parcel of land where a subdivision is proposed or such views from a public roadway.

“On-site views” means scenic views of mountains or marine waters, as exist from a property prior to clearing of vegetation, subdivision or development of the property.

“Open space” means any area of land which is predominately undeveloped and which provides physical and/or visual relief from the developed environment in perpetuity; that is generally unimproved and set aside, designated or reserved for public use or enjoyment, or used for the private use and enjoyment of property owners. Open space may consist of undeveloped areas, such as pastures and farmlands, woodlands, greenbelts, critical areas, pedestrian corridors and other natural areas which provide recreational opportunity and visual relief from developed areas.

Open space excludes tidelands, areas occupied by buildings, and any other developed areas such as driveways, all rights-of-way and any other impervious surfaces not incidental to open space purposes. For the purposes of this title, open space shall be established consistent with the criteria and standards of BIMC 17.04.080 and 17.12.092.

“Orchard” means a group of cultivated trees, primarily fruit or nut producing.

“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 part 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.

“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 the Bainbridge Island Municipal Code 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 right 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 land on each side of a stream or roadway that is generally visible to the public traveling on such route.

“Short subdivision” is the division or redivision of land into four or fewer lots, tracts (except tracts specifically reserved as open space), 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 lots consistent with the procedures and standards contained in Chapter 17.12 BIMC shall constitute a “short subdivision” if an applicant dedicates additional open space area pursuant to BIMC 17.12.092.D.2.

“Significant tree” means a tree, or group of trees identified as significant in Chapter 18.85 BIMC.

“Storm water” 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 or more lots, tracts (except tracts specifically reserved as open space), parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, except as provided for in BIMC 17.12.040.

“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.

“Wetland” as defined in Chapter 16.20 BIMC. (Ord. 2005-11 § 8, 2005; Ord. 2004-08 § 1, 2004; Ord. 2003-49 § 2, 2004; Ord. 2003-02 § 1, 2003: Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)

17.04.050 Subdivisions – Process overview.

A. All residential subdivisions shall be designed consistent with the flexible lot design process and the flexible lot standards described in this chapter and shall follow the steps described in subsection C of this section.

B. For the purposes of this chapter, subdivisions proposed to exclusively accommodate commercial, multifamily, or a combination of commercial and multifamily uses (mixed use) shall be consistent with the procedures and standards established by BIMC 17.04.085 and shall follow the steps described in subsection C of this section.

C. 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 this title for the project shall be submitted for a preapplication conference in accordance with BIMC 2.16.035;

2. A refined proposed site plan consistent with the submittal requirements of this chapter and additional materials as required by the director and/or identified in the preapplication letter 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 BIMC 17.04.091;

4. The preliminary subdivision application is reviewed consistent with BIMC 17.04.094 and as described in Chapter 2.16 BIMC;

5. A preliminary plat is approved, disapproved, or returned to the applicant for modification or correction within 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 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. (Ord. 2003-49 § 3, 2004: Ord. 96-06B § 1, 1996)

17.04.060 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. (Ord. 96-06B § 1, 1996)

17.04.070 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 the ordinance codified in this chapter 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 draft” site plan following the steps described in the Flexible Lot Design Handbook.

C. Preapplication Conference. To provide information regarding the design process for a proposed subdivision, a preapplication conference shall be required prior to preliminary subdivision review for all subdivisions in accordance with the purpose and procedures of BIMC 2.16.035. The applicant is encouraged to provide copies of at least one proposed or “first draft” site plan prepared in accordance with flexible lot design methodology as described in the Flexible Lot Design Handbook for the preapplication conference. (Ord. 2003-49 § 4, 2004: Ord. 97-10 § 5, 1997; Ord. 96-06B § 1, 1996)

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.

B. 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 17.04.082. The location of open space areas on a proposed site plan shall be consistent with the open space design guidelines contained in BIMC 17.04.082.B, open space area requirements contained in BIMC 17.04.082.D and the 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 through the use of the design methodology prescribed in the Flexible Lot Design Handbook.

a. Clustering Provisions – Homesites. Properties being subdivided that cluster development pursuant to BIMC 17.04.080.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 17.04.080.A.5.

b. Reasonable 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 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.

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. 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 subsection 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. (Ord. 2004-08 § 2, 2004: Ord. 2003-49 § 5, 2004: Ord. 96-06B § 1, 1996)

17.04.080 Flexible lot – Standards.

A. Development Standards. Subdivisions established pursuant to the flexible lot design process shall be subject to the following development standards:

l. Density.

a. The number of residential lots created in a subdivision shall not exceed the density provisions of BIMC Title 18;

b. Properties containing wetlands and/or wetland buffer areas are subject to reduction of the maximum density, pursuant to the standards of BIMC 16.20.090.C or its successor;

c. Subdivisions containing irregularly shaped lots and lots containing critical areas may not be permitted to achieve maximum density.

2. Minimum Lot Size Requirements.

a. Five thousand square feet if served by public sewer system or if the septic drainfield is located outside of the lot (subject to Note i below), except lot size may be reduced below 5,000 feet as an incentive for providing additional open space pursuant to BIMC 17.04.082;

b. Twelve thousand five hundred square feet or as specified by the health district if septic drainfield is located within the lot (subject to Notes i and ii below).

Notes:

i. All lots must include at least 5,000 square feet outside of critical areas and their required buffers.

ii. Larger minimum lot size may be required by the health district in order to accommodate on-site septic systems.

3. Lot Setback and Dimensional Requirements.*

a. All lots shall be 50 feet wide as measured at the minimum lot width measurement line (for properties subject to review pursuant to the shoreline master program the minimum lot width shall be as required by the shoreline master program).

b. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. The size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. When consistent with neighborhood character, lots situated along public streets should be configured to allow future houses to face the street.

c. Setbacks.

i. Building to building (on-site): minimum 10 feet separation;

ii. Building to exterior property line:

(A) Minimum 15 feet;

(B) Minimum 25 feet in R-0.4 only;

iii. Building to right-of-way:

(A) Arterial (SR 305): minimum 75-foot setback;

(B) Arterial (other):

(1) Minimum 50-foot setback;

(2) Minimum 40-foot setback in R-4.3 and R-3.5 only;

(C) Collector:

(1) Minimum 50-foot setback;

(2) Minimum 40-foot in R-4.3 and R-3.5 only;

(D) All others: minimum 15-foot setback;

iv. Building to trail, open space or access easement (except for open space areas that are also roadside or landscape buffers): minimum 10-foot setback.

d. Maximum Lot Coverage. The maximum lot coverage shall be as specified in BIMC Title 18 for the entire property that is the subject of the subdivision application, a portion of which shall be assigned to each lot at the time of preliminary plat approval.

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 located in the R-0.4, R-1, 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 subsection A.4.f of this section shall apply. The roadside buffer may contain multipurpose trails or bikeways if those trails could be accommodated without compromising significant vegetation or hazardous slopes.

i. For property with a gross area of one acre or more and that is located in districts R-0.4, R-1, 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 below in this 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 subsection A.4.b.i of this section 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 subdivisions 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 subsection A.4.b.i of this section 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 subdivisions, 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 R-0.4, R-1, R-2 and R-2.9 districts, a 25-foot wide landscape perimeter shall be required along the subdivision boundary.

e. Allowed Landscape Buffer Activities:

i. Potable water wells and well houses;

ii. On-site 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 run approximately perpendicular to the landscape perimeter; provided, that disturbance is minimized and the buffer is revegetated after construction;

v. Nonmotorized trails and trail maintenance necessary to provide for safety and visibility; and

vi. Planting of vegetation.

f. 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, Perimeter landscape requirements. For example, buffers may be adjusted when such adjustments contribute to the neighborhood character by incorporating significant trees and native vegetation, incorporate a unique landscape feature, 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.

*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.

Table II Landscape Buffer Requirements
Zoning District	Landscape Perimeter Buffer*, *** (Cluster Option Subdivision Only)	Roadside Buffer (Arterial and Collector Required for Both Options **, ***)	Park and Conservation Land Buffer (Required for Both Options)
R-0.4	25'-Filtered Screen	50'-Established Vegetation or 25'-Full Screen (OS)	25'-Filtered Screen (OS)
R-1	25'-Filtered Screen	50'-Established Vegetation or 25'-Full Screen (OS)	25'-Filtered Screen (OS)
R-2	25'-Filtered Screen	50'-Established Vegetation or 25'-Full Screen (OS)	25'-Filtered Screen (OS)
R-2.9	25'-Filtered Screen	50'-Established Vegetation or 25'-Full Screen (OS)	25'-Filtered Screen (OS)
R-3.5	No requirement	No requirement, unless necessary to reflect neighboring development patterns (OS)	25'-Filtered Screen (OS)
R-4.3	No requirement	No requirement, unless necessary to reflect neighboring development patterns (OS)	25'-Filtered Screen (OS)
(OS) 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 alone the property boundary in zones R-0.4, R-1, R-2 and R-2.9.
*** Properties being subdivided with less than one acre are not subject to landscape buffer requirements.

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 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-1, 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 valued open space features listed in BIMC 17.04.082.C.

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.

B. Landscape Standards. Landscaping shall be established consistent with the requirements of subsection A.4 of this section and street tree planting requirements of Chapter 18.85 BIMC, and any other significant tree retention requirement.

C. Roads and Pedestrian Access Performance Standards.

1. Existing roadway character shall be maintained where practical. This may be accomplished through the reduction of roadway width consistent with subsection C.3 of this section, the minimization of curb cuts, and the preservation of roadside vegetation.

2. Roads and access shall be consistent with the standards set forth in “City of Bainbridge Island Design and Construction Standards and Specifications.” To minimize impervious surfaces, public rights-of-way, access easements and roadways shall not be greater than the minimum required to meet standards. Connections to existing off-site roads which abut the subject property shall be required where practicable, except through critical areas and/or their buffers.

3. Variation from Road Requirements. A variation from the road requirements and standards contained within the “City of Bainbridge Island Design and Construction Standards and Specifications” may be approved by the city engineer, if such a reduction meets the purposes of this chapter.

4. Street names, traffic regulatory signs and mailboxes shall be provided. The location of these shall be indicated on the plat.

5. Transit stops shall be provided as recommended by Kitsap Transit.

6. Pedestrian and bicycle circulation and access within a subdivision and onto the site shall be provided through walkways, paths, sidewalks, or trails and shall be consistent with the nonmotorized transportation plan, Ordinance 2002-09. Special emphasis shall be placed on providing pedestrian access to proposed recreational and/or open space areas. (Ord. 2005-11 § 9, 2005; Ord. 2004-08 §§ 3, 4, 2004; Ord. 2003-49 § 6, 2004: Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)

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-1, 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. Open space should accomplish one or more of the following objectives:

1. Conservation and enhancement of natural or scenic resources, including wildlife habitat;

2. Protection of streams and/or the water supply;

3. Conservation of soils, wetlands, beaches or tidal marshes;

4. Enhancement of the value to abutting or neighboring parks, forests, wild preserves, nature reservations or sanctuaries;

5. Enhancement of recreational and community agricultural opportunities;

6. Preservation of farmland and historic sites;

7. Preservation of unique natural land or rock features; or

8. 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;

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.

C. Valued Open Space Features. The 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 Open Space Features

Open Space Feature	Notes
Critical Areas (as defined in Chapter 16.20 BIMC), Areas Contiguous with Critical Areas and their Buffers and Wildlife Corridors	All critical areas and their associated buffers shall be preserved and designated wildlife corridors as adopted by Resolution 2001-12 should be preserved.
Native Forests and Significant Trees	Significant trees identified consistent with the standards of the landscaping ordinance (Chapter 18.85 BIMC) should be preserved.
Mature Vegetation on Ridgelines	Mature vegetation found on ridgelines of community significance (as viewed from off-site) should be preserved.
Pastures, Meadows and Orchards	Pastures, meadows and orchards 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 (Chapter 16.12 BIMC) that are 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 of 25 percent of the area of the property being subdivided, unless additional open space area is otherwise provided pursuant to subsection D.3 of this section.

2. In determining the open space area requirement stated in subsection D.1 of this section, the city has relied on the “Analysis of Open Space Report” dated April 30, 2004, and the other reports, statutes and documents referenced in the recitals to the ordinance codified in this section (“open space documentation”). The open space documentation shall be incorporated into the record of every subdivision application. In reviewing a subdivision application, the city shall consider the open space documentation as presumptively valid and applicable to the subdivision application.

3. Open Space Incentives. If an applicant provides an additional 15 percent of permanently protected open space above the maximum 25 percent open space area required by subsection D.1 of this section, the following incentive is provided for the property:

a. Lots within the subdivision that are served by a public sewer service may be reduced below 5,000 square feet in size.

i. Accessory dwelling units shall not be permitted on any lot that is below 5,000 square feet in size as approved by this open space incentive option.

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 Table III. 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 percent of the gross land area, the maximum required area for open space designation is 25 percent, unless it includes protected critical areas as regulated by Chapter 16.20 BIMC. If the gross land area contains less than 25 percent 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 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 BIMC Title 18 or critical areas regulations of Chapter 16.20 BIMC 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, 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 BIMC.

b. Storm Drainage System Use. The system must meet the design standards of Chapters 15.20 and 15.21 BIMC 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 chain-link 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:

a. A forest management plan, if the open space is to be managed as forested open space pursuant to Chapter 84.34 RCW 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 H.2.a of this section, 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. (Ord. 2004-08 § 5, 2004: Ord. 2003-49 § 7, 2004)

17.04.083 Fee in-lieu of open space program.

Repealed by Ord. 2004-08. (Ord. 2003-49 § 8, 2004)

17.04.085 Commercial and multifamily subdivision standards.

Subdivisions established for commercial and multifamily residential uses pursuant to this chapter shall be subject to the following development standards:

A. Lot areas shall comply with the minimum lot area of the zoning district, if any.

B. A minimum 25-foot vegetative buffer shall be established adjacent to all scenic roads as defined in the comprehensive plan. The buffer shall be consistent with the requirements for a full screen buffer, pursuant to BIMC 18.85.070.B.1.

C. Road, bicycle and pedestrian access performance standards pursuant to BIMC 17.04.080.C shall be satisfied, as applicable.

D. As an option, commercial and multifamily residential subdivisions may provide open space pursuant to BIMC 17.04.082. (Ord. 2005-11 § 10, 2005; Ord. 2003-49 § 9, 2004)

17.04.090 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. (Ord. 96-06B § 1, 1996)

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 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. (Ord. 2004-08 § 7, 2004: Ord. 96-06B § 1, 1996)

17.04.092 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. (Ord. 96-06B § 1, 1996)

17.04.093 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 Chapter 2.16 BIMC except as provided in BIMC 17.04.095. (Ord. 2003-49 § 10, 2004: Ord. 96-06B § 1, 1996)

17.04.094 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 applicable subdivision development standards of BIMC 17.04.080, 17.04.082 and/or 17.04.085 are satisfied;

2. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including those items listed in RCW 58.17.110;

3. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot design process;

4. Any portion of a subdivision that contains a critical area, as defined in Chapter 16.20 BIMC, conforms to all requirements of that chapter;

5. The city engineer determines that the preliminary subdivision meets the following:

a. The subdivision conforms to regulations concerning drainage (Chapter 15.20 BIMC).

b. The subdivision will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream.

c. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties.

d. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic.

e. The subdivision conforms to the requirements of this chapter and the standards in the “City of Bainbridge Island Design and Construction Standards and Specifications,” except as otherwise authorized by in BIMC 17.04.080.C.3;

6. The proposal complies with all applicable provisions of this code, Chapters 58.17 and 36.70A RCW, and all other applicable provisions of state and federal laws and regulations; and

7. The proposal is in accord with the city’s comprehensive plan.

B. 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. (Ord. 2003-49 § 11, 2004: Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)

17.04.095 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 BIMC 2.16.110.D.

B. The city council shall review the preliminary subdivision application consistent with city council action set forth in BIMC 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 understand the evidence and argument.

D. The decision of the city council to approve, modify, or disapprove any subdivision shall be in writing and shall include findings of fact and conclusions consistent with BIMC 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. (Ord. 96-06B § 1, 1996)

17.04.096 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 after that date. (Ord. 96-06B § 1, 1996)

17.04.097 Final subdivision – Phased development.

Portions of an approved preliminary subdivision may be processed separately for recording in divisions; provided, that:

A. The divisions were identified in the preliminary subdivision; and

B. 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. (Ord. 96-06B § 1, 1996)

17.04.098 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 BIMC 17.04.096, above, if:

A. 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

B. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and

C. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed;

D. An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. (Ord. 96-06B § 1, 1996)

17.04.099 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. After 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. (Ord. 96-06B § 1, 1996)

17.04.100 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 BIMC 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 chapter.

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 A of this section:

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. (Ord. 96-06B § 1, 1996)

17.04.110 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 parks, drainage ways, other public ways, water supplies, sanitary waste facilities, parks, playgrounds, site protection of critical 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 BIMC.) (Ord. 2003-49 § 12, 2004: Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)

17.04.111 Final subdivision – Submittal requirements.

The final subdivision application shall satisfy the requirements of Appendix B(1) of this title. (Ord. 96-06B § 1, 1996)

17.04.112 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. (Ord. 96-06B § 1, 1996)

17.04.113 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 department.

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. (Ord. 96-06B § 1, 1996)

17.04.115 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 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.

C. The city council can approve the final subdivision with minor modifications recommended by the department and the applicant.

D. 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.

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 years after final subdivision approval, unless a change in conditions creates a serious threat to the public health or safety. (Ord. 96-06B § 1, 1996)

17.04.119 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 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. (Ord. 96-06B § 1, 1996)

17.04.120 Special requirements for critical areas.

A. Any portion of a subdivision which contains a critical area as defined in Chapter 16.20 BIMC 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. (Ord. 98-20 § 13, 1998; Ord. 96-06B § 1, 1996)

17.04.130 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. (Ord. 96-06B § 1, 1996)

17.04.131 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. (Ord. 96-06B § 1, 1996)

17.04.140 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 BIMC 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. (Ord. 96-06B § 1, 1996)

17.04.150 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. (Ord. 96-06B § 1, 1996)

17.04.160 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 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.

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. (Ord. 96-06B § 1, 1996)

17.04.170 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. (Ord. 96-06B § 1, 1996)

Chapter 17.08
DEDICATION OF LAND FOR PARK AND RECREATIONAL FACILITIES

Sections:

17.08.010 Dedication of land within a development.

17.08.020 Applicability.

17.08.030 Fee agreement in lieu of dedication of land.

17.08.040 Criteria for requiring dedication of land, payment of fee or both.

17.08.050 Open space covenants – Approval.

17.08.060 Open space covenants – Credit for dedication requirement.

17.08.070 Open space covenants – Recordation.

17.08.080 Procedure for dedication – Subdivisions, residential planned unit developments and rezones.

17.08.090 Procedure for dedication – Multifamily residential development and mobile home parks.

17.08.100 Procedure for dedication – Short plats.

17.08.010 Dedication of land within a development.

It is the policy of the city to require the dedication of land within a proposed development, where it is deemed necessary, for park and recreational purposes, as a condition of final approval of a residential subdivision or short subdivision, approval of any residential PUD, approval of any permit issued under the Uniform Building Code for the development of a multifamily residential development or mobile home park or approval of any application for rezone to multifamily uses; provided, that such dedication must be reasonably necessary as a direct result of the proposed development. (Ord. 84-09 § 1, 1984)

17.08.020 Applicability.

A. The provisions of this chapter shall apply to all subdivisions which have not received preliminary plat approval by the city council, all short plats which have not yet been approved, residential planned unit developments, and rezones to multifamily residential use which have not received final approval by the city council, and multifamily developments and mobile home parks for which a permit has not yet been applied pursuant to the Uniform Building Code prior to the effective date of the ordinance codified in this chapter.

B. Dwelling units existing on November 24, 1979, shall not be included in any city determination of need for dedication of land or fees in lieu of dedication. (Ord. 84-09 § 6, 1984)

17.08.030 Fee agreement in lieu of dedication of land.

If, in the opinion of the responsible city agency or official, the city’s needs for parks and recreational facilities would be best served by collection of a fee in lieu of dedication of land, the city may, in addition to or in alternative to requiring dedication of land, accept a voluntary agreement by the owner of a proposed development for payment of a fee in lieu of dedication, which payment would mitigate in whole, or in part, a direct impact of the proposed development on the park and recreational facilities of the city; provided, that unless specifically agreed otherwise, any such voluntary agreement shall be subject to the following provisions:

A. The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified direct impact;

B. The payment shall be expended in all cases within five years of collection; and

C. Any payment not so expended shall be refunded with interest at the rate applied to judgements to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. (Ord. 84-09 § 2, 1984)

17.08.040 Criteria for requiring dedication of land, payment of fee or both.

The responsible city agency or official shall determine whether dedication of land, acceptance of a payment of a fee in lieu thereof, or both the dedication of land and payment of a fee in lieu thereof is most appropriate. The responsible city agency’s or official’s decision shall be determined by consideration of the following factors:

A. Compatibility with the city’s comprehensive plan, comprehensive park plan or future park plans;

B. Topography, geology, access and location of land in the subdivision or residential development suitable for dedication;

C. Size and shape of the subdivision, short plat or residential development and the location of land suitable for dedication;

D. The feasibility of dedication;

E. The proximity of the subdivision, short plat or residential development to previously acquired park property;

F. The possibility of combining the land to be dedicated for park purposes with existing park or recreational facilities when the parcel to be dedicated does not exceed one acre in area;

G. The existence of covenants for open space as specified in Sections 17.08.050 through 17.08.070. (Ord. 84-09 § 3, 1984)

17.08.050 Open space covenants – Approval.

In determining the need for dedication of land or acceptance of fees in lieu of dedication, the responsible city agency/official shall consider any proposed open space covenants for private parks or recreational facilities that are made as part of a development proposal. The city may approve open space covenants in addition to or in alternative to requiring dedication of land or accepting agreements for fees in lieu of dedication, in order to mitigate the impacts of a proposed development on city parks and recreational facilities. (Ord. 84-09 § 4(A), 1984)

17.08.060 Open space covenants – Credit for dedication requirement.

Where private open space for park and recreational facilities is provided in a proposed subdivision, short plat or residential development or proposed rezone to multifamily residential use and such space is to be privately owned and maintained by the future residents of the subdivision or residential property, such areas may, in the sole discretion of the city, be credited against the amount of land which the city determines should be dedicated and the value of such open space areas may be credited against the amount of in-lieu fees, provided that the city finds it in the public interest to do so, and determines that the following standards are met:

A. The yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations are not included in the computation of such private open space.

B. The private ownership and maintenance of the open spaces are adequately provided for by written agreement.

C. The use of the private open spaces are restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision, short plat or residential development and which cannot be restricted or eliminated without the prior consent of the city council.

D. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the land.

E. Facilities proposed for the open space are in general accord with the intent of the comprehensive plan and comprehensive park plan.

F. The open space and/or facilities will provide for the park and recreational needs of the residents of the subdivision, short plat or residential development in such manner as to reduce the impact on existing park or recreational facilities within the city or will reduce the need to provide new park or recreational facilities within the city. (Ord. 84-09 § 4(B), 1984)

17.08.070 Open space covenants – Recordation.

In those instances where proposed open space covenants for private parks or recreational facilities are approved under the provisions of this chapter, they must be recorded with the Kitsap County auditor as follows:

A. All such open space covenants relating to subdivision shall be recorded at the time of the recording of the final subdivision map or short plat.

B. All other such open space covenants shall be recorded with the Kitsap County auditor within 10 days of the date of approval by the appropriate agency of such open space covenants for private parks or recreational activities.

C. All recording costs shall be borne by the applicant. (Ord. 84-09 § 4(C), 1984)

17.08.080 Procedure for dedication – Subdivisions, residential planned unit developments and rezones.

A. An applicant for approval of a proposed subdivision, approval of a proposed residential planned unit development or approval of a proposed rezone to multifamily residential use is required to submit the following with his application:

1. Proposal for dedication of land, payment of a fee in lieu of dedication or both; and

2. Any proposed open space covenants for private parks or recreational facilities for which he seeks approval.

B. Such proposals shall be incorporated in the underlying application and shall be received with the application according to the procedures set forth in the hearings procedure ordinance. (Winslow Ordinance 76-19, codified at Chapter 2.16 BIMC.)

C. Thereafter, the city council shall determine whether to require the dedication of land, accept payment of a fee in lieu thereof, or both, and whether to approve any proposed open space covenants for private parks or recreational activities.

D. In the instances where the city council determines to require dedication of land, accept payment of a fee in lieu thereof, or both, the dedication of land to the city or the payment of a fee in lieu thereof or both shall occur prior to the granting of preliminary plat approval of the subdivision and prior to the enactment of any ordinance granting a rezone to multifamily residential use or granting approval of any residential planned unit development. (Ord. 84-09 § 5(A), 1984)

17.08.090 Procedure for dedication – Multifamily residential development and mobile home parks.

A. A developer of a multifamily residential development or a mobile home park is required to submit the following with his application for a building permit:

1. A proposal for dedication of land, payment of a fee in lieu of dedication, or both; and

2. Any proposed open space covenants for private parks or recreational facilities for which he seeks approval.

B. The planning agency shall thereafter review the proposal in the course of its site plan review of the proposed project and shall determine whether to require the dedication of land, accept payment of a fee in lieu thereof, or both, and whether to approve any proposed open space covenants for private parks or recreational activities.

C. In those instances where the planning agency ultimately determines to require dedication of land, accept payment of a fee in lieu thereof, or both, the dedication of land to the city or the payment of a fee in lieu thereof or both shall occur prior to the issuance of any permits to the applicant pursuant to the Uniform Building Code. (Ord. 84-09 § 4(B), 1984)

17.08.100 Procedure for dedication – Short plats.

A. An applicant for approval of a short plat is required to submit the following with his application:

1. A proposal for dedication of land, payment of a fee in lieu of dedication, or both; and

2. Any proposed open space covenants for private parks or recreational facilities for which he seeks approval.

B. The city land use official shall thereafter review the proposals and shall determine whether to require the dedication of land, accept payment of a fee in lieu thereof, or both and whether to approve any proposed open space covenants for private parks or recreational activities.

C. In those instances where the city land use official ultimately determines to require dedication of land, accept payment of a fee in lieu thereof, or both, the dedication of land to the city or the payment of a fee in lieu thereof or both shall occur prior to approval of the application for short plat. (Ord. 84-09 § 4(C), 1984)

Chapter 17.12
SHORT SUBDIVISIONS*

Sections:

17.12.010 Compliance.

17.12.020 Purpose.

17.12.030 Exclusions.

17.12.040 Definitions.

17.12.050 Short subdivisions – Process overview.

17.12.065 Preliminary short subdivision – Vesting.

17.12.070 Preliminary short subdivision – Design assistance.

17.12.080 Preliminary residential short subdivision – Flexible lot design – Preparation of maps, site plans and studies.

17.12.090 Flexible lot – Standards.

17.12.092 Flexible lot design open space standards.

17.12.093 Repealed.

17.12.095 Commercial and multifamily subdivision standards.

17.12.100 Preliminary short subdivision – Application fee.

17.12.102 Preliminary short subdivision – Application submittal.

17.12.103 Notice requirements.

17.12.104 Preliminary short subdivision – Review process.

17.12.105 Preliminary short subdivision – Review process – Review by the Bremerton-Kitsap County health district.

17.12.106 Preliminary short subdivision – Review process – Review by the director.

17.12.107 Preliminary short subdivision – Review process – Review by the director – Decision criteria.

17.12.108 Preliminary short subdivision – Review process – Review by the city engineer.

17.12.109 Preliminary short subdivision approval – Authorization.

17.12.110 Preliminary short subdivision approval – Expiration.

17.12.111 Final short subdivision – Submittal requirements.

17.12.112 Final short subdivision – Duties of surveyor.

17.12.113 Final short subdivision – Application fee.

17.12.116 Final short subdivision – Review and recommendation.

17.12.118 Final short subdivision – Standards.

17.12.120 Dedications.

17.12.130 Final short subdivision approval – Time limit.

17.12.140 Appeal.

17.12.150 Amendment of proposal.

17.12.160 Amendment to approved short subdivision.

17.12.170 Certification by treasurer.

17.12.180 Filing of short subdivision.

17.12.190 Declaration regarding further subdivision.

17.12.200 Disclaimer as to streets.

17.12.210 Development of illegally divided land.

17.12.220 Special requirements for critical areas.

17.12.230 Final subdivision – Assurance device.

17.12.240 Penalty.

17.12.250 Enforcement by civil action.

17.12.260 Construction.

*Code reviser’s note: Section 15 of Ordinance 2004-08 provides as follows:

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 [June 21, 2004], 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.

17.12.010 Compliance.

All short subdivisions, as defined in BIMC 17.12.040, shall comply with this chapter. (Ord. 96-06B § 2, 1996)

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 and further the comprehensive plan policies addressing residential subdivision of land (specifically the land use element of the comprehensive plan – residential open space goal and policies), this chapter establishes a flexible lot design process that requires the preservation of open space, promotes the consolidation of open space, and promotes clustering of development within residential subdivisions. This process facilitates the fair and predictable division of land, maintains the current character of the city, encourages efficient and cost-effective provisions for infrastructure, limits the development impact area, minimizes impervious surface area and provides 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 also allow for the subdivision of land for commercial, multifamily and mixed use, and accomplish uniform monumenting of land subdivision and conveyance by accurate legal description. (Ord. 2003-02 § 2, 2003: Ord. 96-06B § 2, 1996)

17.12.030 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. Divisions 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 BIMC 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, 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’ associations have a membership or other legal or beneficial interest”; and

G. A division (1) caused by condemnation or by acquisition by a government entity in lieu of condemnation, or (2) otherwise resulting from a transfer of land to a government entity for open space, park, public vehicular access, public pedestrian access, utility, or right-of-way purposes, or to a private utility regulated by the State Utilities and Transportation Commission for utility improvement purposes. (Ord. 2001-08 § 2, 2001: Ord. 96-06B § 2, 1996)

17.12.040 Definitions.

“Short subdivision” is the division or redivision of land into four or fewer lots, tracts (except tracts specifically reserved as open space), 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 lots consistent with the procedures and standards contained in this chapter shall constitute a “short subdivision” if an applicant dedicates additional open space area pursuant to BIMC 17.12.092.D.2.

The definitions in Chapter 17.04 BIMC shall apply to this chapter. (Ord. 2003-02 § 3, 2003: Ord. 96-06B § 2, 1996)

17.12.050 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 and shall follow the steps described in subsection C of this section.

B. For the purposes of this chapter, short subdivisions proposed to exclusively accommodate commercial, multifamily, or a combination of commercial and multifamily (mixed use) shall be consistent with the procedures and standards established by BIMC 17.12.095 and follow the steps described in subsection C of this section.

C. All short subdivision applications shall follow the following steps:

1. Proposed site plan(s) and additional information as required by this chapter and Appendix B(2) of this title for the project are submitted for a preapplication conference in accordance with the purpose and procedures of BIMC 2.16.035.

2. A refined proposed site plan consistent with the submittal requirements of this chapter 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 BIMC 17.12.102.

4. The preliminary short subdivision application is reviewed consistent with BIMC 17.12.104 through 17.12.108.

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 calendar days from the date of filing a complete application.

8. At any time within five 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.

9. The final short subdivision application will be reviewed by the director, the health district and by the city engineer within 30 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 the applicable standards of BIMC 17.12.090, 17.12.092 or 17.12.095. (Ord. 2003-02 § 4, 2003: Ord. 96-06B § 2, 1996)

17.12.065 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. (Ord. 96-06B § 2, 1996)

17.12.070 Preliminary short 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 the ordinance codified in this chapter 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 draft” site plan following the steps described in the Flexible Lot Design Handbook.

C. Preapplication Conference. To provide information regarding the design process for a proposed subdivision, a preapplication conference shall be required prior to preliminary subdivision review for all subdivisions in accordance with the purpose and procedures of BIMC 2.16.035. The applicant is encouraged to provide copies of at least one proposed or “first draft” composite site plan prepared in accordance with flexible lot design methodology as described in the Flexible Lot Design Handbook for the preapplication conference. (Ord. 2003-49 § 13, 2004: Ord. 2003-02 § 5, 2003: Ord. 97-10 § 6, 1997; Ord. 96-06B § 2, 1996)

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.

B. 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 valued 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 – Homesites. 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.

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. 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 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 th