Chapter 17.04
PURPOSE AND GENERAL PROVISIONS

Sections:

17.04.010    Purpose.

17.04.020    General provisions.

17.04.010 Purpose.

A. The purpose of this title is to regulate the division of land into short subdivisions, long subdivisions, and large lot subdivisions 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, this title establishes a flexible lot process for short and long subdivisions that promotes the preservation and 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.

B. A further purpose of this title is to:

1. Prevent the overcrowding of land;

2. Lessen congestion in the streets and highways;

3. Provide for adequate light and air;

4. Facilitate adequate provision for water, sewage, storm water drainage, parks and recreation areas, sites for schools and school grounds and other public requirements;

5. Provide for proper ingress and egress;

6. Provide a variety of housing opportunities; and

7. Maintain the quality of life of the city.

C. Through this title, the city will also allow for the subdivision of land for nonresidential, multifamily, and mixed use, and accomplish uniform monumenting of land divisions and conveyance by accurate legal description.

D. An additional purpose of this title is to provide criteria for summary administrative approval of boundary line adjustments that satisfy public concerns of health, safety and welfare, or where arranging or rectifying boundary lines is otherwise requested.

E. A final purpose of this title is to comply with the provisions of RCW Title 58 (Boundaries and Plats) or its successors, and other applicable law of Washington State, and no provision of this title shall be interpreted to authorize or require actions inconsistent with those laws. (Ord. 2011-02 § 2 (Exh. A), 2011)

17.04.020 General provisions.

A. Location of Substantive Standards. This title sets forth substantive standards for the layout and design of short, long, large lot, nonresidential, and multifamily subdivisions. All such divisions of land must also comply with substantive standards in BIMC Titles 15 (Buildings and Construction), 16 (Environment), and 18 (Zoning) unless the standards in those titles have been explicitly modified or waived.

B. Location of Review and Approval Procedures. The procedures for approval of short, long, large lot, nonresidential and multifamily subdivisions, as well as the vesting of rights related to those types of approvals, are set forth in BIMC Title 2 (Administration and Personnel). All such provisions require consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its successors as applicable to the type of land division being proposed.

C. Compliance with RCW Title 58.

1. General.

a. Every long, large lot, nonresidential or multifamily subdivision shall comply with the provisions of RCW Title 58. Every short subdivision as defined in RCW Title 58 shall comply with the provisions of the Bainbridge Island subdivision regulations, which have been adopted pursuant to RCW 58.17.060. A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the city.

b. For purposes of compliance with RCW Title 58 (Boundaries and Plats) or its successors, the Bainbridge Island subdivision regulations shall consist of this title, as well as applicable substantive standards in BIMC Titles 15 (Buildings and Construction), 16 (Environment), and 18 (Zoning), applicable procedures set forth in BIMC Title 2 (Administration and Personnel), and related local regulations or ordinances adopted in accordance with state law. Large lot subdivisions and multifamily or nonresidential subdivisions are forms of subdivisions regulated pursuant to RCW 58.17.040(2) or its successors, and shall be subject to the requirements of RCW Title 58 applicable to subdivisions, as modified by any applicable provisions of the BIMC.

c. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.

2. Specific Provisions. Without limiting the generality of subsection C.1 of this section, the Bainbridge Island subdivision regulations and all applications for short, long, large lot, nonresidential and multifamily subdivisions pursuant to those regulations shall be consistent with the following provisions of RCW 58.17.033, 58.17.060, and 58.17.140 regarding requirements for application, approval, and time limitation and extension.

D. Limitations on Dedications and Fees. Pursuant to RCW 58.17.110(2) or its successors, dedication of land, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 or their successors may be required as a condition of subdivision approval. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 or their successors shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

E. Application Materials. Materials required to be submitted with an application for a short or long subdivision, subdivision, large lot subdivision, nonresidential or multifamily subdivision or boundary line adjustment are available in the Bainbridge Island administrative manual.

F. Interpretation. This title shall be liberally interpreted and construed to secure the public health, safety, morals, and welfare, to implement the Bainbridge Island comprehensive plan, and to comply with all applicable requirements of Washington State law, and the rule of strict construction shall have no application. (Ord. 2011-02 § 2 (Exh. A), 2011)