Chapter 18.27
TRANSFER OF DEVELOPMENT RIGHTS

Sections:

18.27.010    Purpose.

18.27.020    Development rights sending areas.

18.27.030    Calculation of development rights.

18.27.040    Receiving areas for development rights.

18.27.050    Determination of development rights from a sending area.

18.27.060    Severance of development rights from a sending area.

18.27.070    Sale or transfer of development rights.

18.27.080    Use of development rights in Mixed Use and High School Road districts.

18.27.100    Use of development rights within NC districts.

18.27.010 Purpose.

The purpose of this chapter is to establish a simple, flexible transfer and sale of development rights program that successfully preserves wetlands, high vulnerability recharge areas, agricultural land and open space. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.020 Development rights sending areas.

A. All properties located outside of designated centers as designated on the land use map of the city comprehensive plan are established as development rights sending areas.

B. Agricultural Land. Any owner of agricultural land as defined by BIMC 16.26.020 may elect to have the agricultural land designated as a development rights sending area through the sale or transfer of the development rights of the property.

C. Donation of Development Rights. Any owner of real property may donate all or a portion of their development rights to the city.

D. Property Already Restricted from Development Not Eligible. Development rights are not available for real property that is subject to easements or covenants preventing further development of the real property. (Ord. 2017-02 § 24, 2017: Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.030 Calculation of development rights.

A. General. Subject to the building setbacks and height limitations applicable to the R-0.4 zone district, as shown in Tables 18.12.020-1 and 18.12.020-2, an owner of real property in the development rights sending area is entitled to sell or transfer one development right for every unused development right associated with the property located within the development rights sending area.

B. Optional Bonus for Owners of Agricultural Land. If an owner of agricultural land as defined by BIMC 16.26.020 grants an easement to conserve and forever maintain the agricultural productivity of the agricultural land to the American Farmland Trust, Inc., or other appropriate trustee, as approved by the city of Bainbridge Island, then for every unused development right, the owner of agricultural land may sell three development rights. For example, if agricultural land has three unused development rights, the property owner could transfer or sell nine development rights.

C. Calculation. In calculating available development rights, the area of land divided by the density defined by the underlying zone shall be used. The resulting figure shall be rounded down for any fraction of a development right. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.040 Receiving areas for development rights.

A. Winslow Mixed Use Town Center and High School Road Districts. Developments in the Mixed Use Town Center (MUTC) and the High School Road districts are eligible for increases in floor area ratio as provided for in BIMC 18.12.030.E.1.

B. NC Districts. The neighborhood centers (NC) are eligible for increased density through the purchase or transfer of development rights in accordance with BIMC 18.12.030.D.1 and D.3, as amended.

C. R-8 Districts. The urban single-family overlay district (R-8SF) is eligible for increased density through the purchase or transfer of development rights for specified lots in the R-2.9, R-3.5, and R-4.3 zone districts. (Ord. 2017-02 § 1, 2017; Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.050 Determination of development rights from a sending area.

A. An owner of real property desiring to sell or transfer development rights shall submit an application for severance of development rights to the city manager. The city manager or designee shall determine the form of the application and the information required for a complete application. All, or a portion of, the development rights may be included in the application.

B. The city manager or designee shall determine the number of development rights available for severance, subject to BIMC 18.27.030.C.

C. The city shall issue a certificate documenting the number of available development rights. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.060 Severance of development rights from a sending area.

In order to sell or transfer development rights for the purpose of increasing floor area ratio or density in a designated receiving area, the following procedure must be followed:

A. To sever development rights approved by the city, the property owner shall execute a restrictive easement between the owner and the city or a tax-exempt organization or other governmental agency, in a form approved by the city.

B. The certificate of development rights and the restrictive easement shall be recorded by the owner with the Kitsap County auditor. The owner shall provide a copy of the recorded documents to the city. When the documents have been recorded and the recorded documents have been received by the city, the severance is complete.

C. The severance of development rights is permanent. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.070 Sale or transfer of development rights.

Once development rights have been severed from a sending area property in accordance with BIMC 18.27.060, the property owner may sell or transfer the development rights by executing and recording with the Kitsap County auditor a deed of development rights using a deed form provided by the city. The deed shall describe the number of development rights being sold or transferred. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.080 Use of development rights in Mixed Use and High School Road districts.

A. In order to use development rights to increase floor area ratio within the Mixed Use Town Center or High School Road districts as provided in BIMC 18.12.030.E, an applicant must fill out an application in a form approved by the city. The application shall include the amount of the requested increase in floor area ratio, and the fee, if any, of the increased floor area ratio. The fee for development rights to increase floor area ratio shall be established by resolution of the city council.

B. The approved application to utilize development rights to increase floor area ratio within the receiving area must be part of a site plan and design review application under BIMC Title 2. The site plan must indicate the increase in floor area ratio (FAR).

C. The use of development rights shall be reviewed for conformance with the design review provisions of BIMC 18.18.030. (Ord. 2011-02 § 2 (Exh. A), 2011)

18.27.100 Use of development rights within NC districts.

A. A request to utilize development rights within the receiving area must be reviewed as part of a site plan and design review application under BIMC Title 2. The site plan must include the number of development rights to be used. The application must contain a copy of either a deed of development rights or a contract for the purchase of development rights.

B. Prior to final approval of the site plan, the applicant must provide the department with a deed of development rights.

C. The approval site plan, referencing the number of development rights used, and the deed of development rights shall be recorded by the owner with the Kitsap County auditor. (Ord. 2017-02 § 1, 2017; Ord. 2011-02 § 2 (Exh. A), 2011)