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ORDINANCE NO. 4 q e D
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, Repealing BMC Chapter 20.12 entitled
"Short Subdivisions and Plats" and replacing it with a new Chapter
20.12 entitled "Land Division," amending BMC Chapter 20.02
Project Permits Table 040 to reflect the new Land Division
regulations, and amending BMC Chapter 3.01 to update
Community Development rates and fees relating to Subdivisions
and Residential Cluster Developments.
WHEREAS, the City adopted a new Comprehensive Plan on December 1, 2004;
and
WHEREAS, to implement the new Comprehensive plan the City adopted a
zoning code on November 30,2005 that established requirements for density, parcel
configuration and sizes; and
WHEREAS, the City Council desires to create a new code chapter relating to the
procedural processing of land subdivisions; and
WHEREAS, this Land Division ordinance is intended to carry out the orderly
subdivision and development ofland and sets forth clear procedures and requirements for-
subdivision of property, requiring such lots to conform with the Comprehensive Plan, all
applicable land use and environmental regulations, and the City's adopted engineering standards;
and
WHEREAS, the current provisions of3.01.040 of the Bremerton Municipal Code
relating to Subdivision and Residential Cluster Developments fees result in an excess of the
actual staff cost needed to review and process these applications and therefore the City Council
desires to revise the rate and fees for Community Development; and
WHEREAS, pursuant to RCW 36.70A.I06 a Notice of intent to adopt this
ordinance was sent to the Washington State Department of Community, Trade, and Economic
Development on September 16, 2005; and
WHEREAS, a legal notice was published in the Kitsap Sun on August 5, 2006
advertising an opportunity to provide testimony to the Planning Commission at a public hearing;
and
WHEREAS, the Planning Commission conducted a public hearing on August 15,
2006 and the Commission recommended that the City Council adopt the new Land Division
regulations and associated amendments to the Project Permits table; and
WHEREAS, these Land Division regulations are completely procedural and
contain no substantive standards and therefore their adoption is exempt from SEP A review per
197.11.800(19); and
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WHEREAS, a legal notice waspublished in the Kitsap Sun on September 23,
2006 advertising an opportunity to provide testimony to the City Council at a public hearing;
NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Bremerton Municipal Code Chapter 20.12 entitled "Short
Subdivisions and Plats" is hereby repealed in its entirety and a new Chapter 20.12 entitled "Land
Division" is established as follows:
20.12.010 Purpose
These regulations are for the purpose of regulating the subdivision of land and support
the rights of property owners to develop their property while protecting the public health, safety
and general welfare of the community, to establish procedures for the subdivision and
resubdivision ofland in order to further the orderly layout and use ofland, to guide the future
growth and development of the community in accordance with the goals, objectives and policies
of the City's Comprehensive Plan, and to ensure compliance with the City's development and
engineering requirements.
20.12.020 Applicability
(a) This Chapter shall apply to all divisions oflands including short subdivisions,
formal subdivisions, and binding site plans hereafter established within the incorporated areas of
the City of Bremerton.
(b) This chapter is applied in conjunction with BMC Chapter 2.13 (Administrative
Hearing Examiner), BMC Chapter 20.02 (Project Permits), BMC Chapter 20.04 (SEPA), BMC
Title 20 Division III Zoning, the Bremerton Shoreline Master Program, BMC Chapter 20.14
Critical Areas and other applicable codes referencing this Chapter.
20.12.030 Exemptions
The provisions of this chapter do not apply to the exemptions specified in the State law,
including but not limited to:
(a) Cemeteries and other burial plots while used for that purpose.
(b) Di visions of land made by testamentary provisions, or the laws of descent.
( c) A division of land for the purpose of lease when no residential structure, other
than mobile homes or travel trailers, are to be placed upon the land.
(d) Division of land due to condemnation or sale under threat thereof, by an agency
or division of government vested with the power of condemnation.
(e) A division ofland into lots or tracts ofless than three (3) acres that is recorded in
accordance with chapter 58.09 RCW (Survey Recording Act) and is used or to be used for the
purpose of establishing a site for construction and operation of consumer-owned or investor-
owned electric utility facilities. The exemption only applies to electric utility facilities that will
be placed into service to meet the electrical needs of a utility's existing and new customers. New
customers are defined as electric service locations not already in existence as of the date that
electric utility facilities subject to the provisions of this Section are planned and constructed;
(f) A division ofland for the purpose ofleasing land for facilities providing personal
wireless services while used for that purpose.
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(g) A division ofland for the purpose of dedicating to the public such tracts oflands
for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools,
school grounds, water supplies, sanitary wastes and other general purposes that may be required
to protect the public health, safety and welfare.
(h) Condominiums, pursuant to RCW 58.17.040.
20.12.040 Definitions
The following definitions apply to this Chapter and they should be used in conjunction
with other definitions found in BMC Title 20. However, these definitions are not intended to
replace or alter similar definitions found elsewhere within the Bremerton Municipal Code except
when specifically applied to the provisions of this Chapter.
Auditor, County means the person defined in Chapter 36.22 RCW or the office of the person
assigned such duties under the Kitsap County Charter.
Binding Site Plan means a drawing to a scale specified by this Chapter which: (a) identifies and
shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any
other matters specified by local regulations; (b) contains inscriptions or attachments setting forth
such appropriate limitations and conditions for the use of the land as are established by the local
government body having authority to approve the site plan; and (c) contains provisions making
any development be in conformity with the site plan.
Block means a group oflots, tracts, or parcels within well-defined and fixed boundaries.
Bond means a satisfactory security to insure performance and/ or warranty.
Buildable Lot means a tract or parcel ofland, legally created, which is intended for use for the
placement of structures separate from other parcels.
City means City of Bremerton.
Comprehensive Plan means the City of Bremerton Comprehensive Plan as adopted and
amended.
Concurrency means the requirement that development applications demonstrate that adequate
public facilities be available at prescribed levels of service concurrent with the impact or
occupancy of development as defined in the City's Comprehensive Plan.
Dedication means the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself or herself 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.
Day(s) means calendar days and includes Monday through Sunday and all holidays.
Department means the City of Bremerton Community Development Department.
Director means the City of Bremerton Director of Community Development and/or his/her
designee.
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Division of Land means any segregation of land that creates lots, tracts, parcels, or sites not
otherwise exempted by this title that alters or affects the shape, size or legal description of any
part of the owner's land.
Electric Utility Facilities means un-staffed facilities except for the presence of security
personnel that are used for or in connection with; or to facilitate the transmission, distribution,
sale, or furnishing of electricity including, but not limited to, electric power substations.
Hearing Examiner means the person appointed by the mayor, with the powers and duties
prescribed in BMC Chapter 2.32.
Lot means a fractional part of divided lands having fixed boundaries being of sufficient area and
dimension to meet the minimum and maximum underlying zoning district requirements for
width, area and street frontage. The term shall include tracts or parcels.
Personal Wireless Services means any federally licensed personal wireless service. "Facilities"
means un-staffed facilities that are used for the transmission or reception, or both, of wireless
communication services including, but not necessarily limited to, antenna arrays, transmission
cables, equipment shelters, and support structures.
Plat means a map or representation of a subdivision, showing thereon the division of a tract or
parcel ofland into lots, blocks, streets and alleys, or other divisions and dedications.
Plat, Final means the final drawing ofthe subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in this
Chapter and RCW Chapter 58.17.
Plat, Formal means the map or representation of a formal subdivision
Plat, Preliminary means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks, and other elements consistent with the
requirements of this chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision or short subdivision.
Plat, Short means the map or representation of a short subdivision.
Plat Certificate means a title report or subdivision guarantee that is prepared by a title company
for the property contained in a proposed short subdivision, subdivision or binding site plan, to
include, as a minimum, all owners of record, easements and encumbrances effecting said
property.
State Environmental Policy Act (SEPA) means environmental review procedures required
under RCW Chapter 43.21C, WAC Chapter 197-11 and BMC Chapter 20.04
Subdivision means the division or re-division of land through Short Subdivision, Formal
Subdivision, or Binding Site Plan.
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Subdivision, Formal means the division or re-division ofland into ten (10) or more lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Subdivision, Short means the division or re-division of land into nine (9) or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Title Notice means a written notice attached to the title of a parcel of land by the property owner
at the request of the City of Bremerton with a recording of said notice at the Kitsap County
Auditor's Office per a legal description of said parcel for the purpose of notifying the property
owner or future property owner of particular circumstances related to said parcel such as warning
statement(s), limitation(s), restriction(s) or other.
Title Report means the written analysis of the status of title to real property, including a
property description, names of titleholders and how title is held (joint tenancy, etc.),
encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes
due.
Tract means land reserved for special uses such as open space, surface water retention, utilities,
or access. Tracts are not counted as lots nor considered as building sites.
20.12.050 Administration
The Director is vested with the duty of administering and implementing the provisions of
this Chapter.
20.12.060 General Provisions
(a) Submittal: All applications made pursuant to this Chapter shall be to the
Department.
(b) Minimum Requirements: The provisions set forth in this Chapter shall constitute
the minimum requirements necessary to promote the public health, safety, and general welfare.
(c) Preliminary Consultation: Any person who desires to subdivide land within the
boundaries of the City should consult with the Department at an early date to become familiar
with the requirements of this Chapter and for assistance in understanding the engineering
requirements and the construction standards of the City.
(d) Compliance: Whenever any parcel ofland is divided into two (2) or more lots, no
person, firm, corporation or agents ofthem shall sell, transfer or advertise for sale or transfer any
such lot without having a subdivision recorded unless preliminary subdivision approval
expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a
lot, tract, or parcel ofland on the recording of the final plat pursuant to RCW Section 58.17.205.
(e) Critical Areas Environmental Consideration: Lands designated as critical areas
such as wetlands, aquifer, streams, flood hazards, geological hazards and wildlife habitats shall
not be subdivided or have lot lines adjusted unless adequate safeguards are provided as
prescribed in BMC Chapter 20.14 (Critical Areas).
(f) Critical Areas Notice on Title: When a critical area is verified on a property by
an assessment or delineation, a notice of its presence shall be recorded by the applicant at the
office of the Kitsap County Auditor. The notice may be on the face of a subdivision, or it may
be on a form specified by the Department. The notice shall be notarized and proof must be
submitted that the notice was legally recorded before final approval for development is issued.
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The notice shall run with the land and failure to record such notice shall be in violation of this
Chapter.
(g) Fees: The applicant shall pay a fee according to the fee schedule set forth in BMC
Chapter 3.01, which shall accompany the application.
(h) Bonding of Improvements: In lieu of the completion of the actual construction
of any required improvements prior to the approval of a final subdivision, the City may accept a
bond providing for and securing the actual construction and installation of such improvements
within a period specified by the City. In addition, the City may provide for methods of security,
including the posting of a bond securing the successful operation of improvements for up to two
(2) years after final approval.
(i) Severability: If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of this chapter, or the application of the provision to
other persons or circumstances shall not be affected.
20.12.070 Survey Requirements
(a) A Washington State licensed land surveyor registered pursuant to RCW 18.43
shall prepare, stamp, and seal all proposed subdivisions.
(b) A survey is required for all final approvals of subdivisions and shall meet the
survey standards of the Revised Code of Washington (RCW) 58.09 and Washington
Administrative Code (WAC) Chapter 332-130.
(c) The surveyor shall certify on the final document to be recorded that it is a true and
correct representation of the lands actually surveyed.
(d) Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the
face of the subdivision. Discrepancy means: (1) A boundary hiatus; (2) an overlapping
boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or
conflict of title.
20.12.080 Subdivision Categories. When reference to "subdivision" is made in this
Code, it is intended to refer to "short subdivision," "formal subdivision," "and "binding site
plan" unless one is specified.
(a) Short Subdivision: A subdivision of nine (9) or fewer lots. Land within a short
subdivision may not be further divided in any manner within a period of five (5) years without
filing of a final plat, except the original owner may file an alteration within five (5) years to
create up to a total of nine (9) lots within the original plat boundaries.
(b) Formal Subdivision: A subdivision often (10) or more lots.
(c) Binding Site Plan: A land division for commercial and / or industrial
developments.
20.12.090 Review Procedures & Approvals. Each subdivision type is processed as
a different action "Type" as described in BMC 20.02 Table 040 Project Permit Processing
Procedures and summarized as follows:
(a) Subdivision: Approval of all subdivisions requires a four-step process: approval
of a preliminary subdivision, installation or bonding of required improvements, approval of the
final subdivision, and recording of the subdivision with the Kitsap County Auditor.
(1) Short Subdivision:
(i) A preliminary short subdivision - Type II Director Decision.
(ii) A final short subdivision - Type I Director Decision
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a. The final short subdivision shall be submitted to the
Director within five (5) years of the date that the preliminary approval became final or the short
subdivision shall become null and void.
(2) Formal Subdivision:
(i) A preliminary formal subdivision - Type III Hearing Examiner
Decision.
(ii) A final formal subdivision - Type IV City Council Decision.
a. The final formal subdivision shall be submitted to the
Director within five (5) years of the date that the preliminary approval became final or the formal
subdivision shall become null and void.
b. The following signatures on the final plat mylar are
required before the Director can submit the final plat to the City Council:
i. Director: Whose signature approves compliance
with all terms of the preliminary plat approval of the proposed plat subdivision or dedication.
ii. City Engineer: Whose signature approves the layout
of streets, alley and other rights of way, design of bridges, sewage and water systems and other
structures. Additionally, the City Engineer's signature approves the adequacy of the proposed
means of sewage disposal and water supply if City services are provided.
iii. Kitsap County Health District: Whose signature
approves the adequacy of the proposed means of sewage disposal and water supply if City
services are not provided.
iv. Kitsap County Treasurer: Whose signature confirms
a statement that all taxes and delinquent assessments for which the property may be liable as of
the date of certification have been duly paid, satisfied or discharged.
v. Property Owner: Whose signature confirms a
.statement that the subdivision has been made with the free consent and in accordance with the
desires ofthe owner(s).
(3) Binding Site Plan:
(i) A preliminary binding site plan - Type II Director Decision.
(ii) A final binding site plan - Type I Director Decision.
a. The final binding site plan shall be submitted to the
Director within two (2) years of the date that the preliminary approval became final or the
binding site plan shall become null and void.
b. The following signatures on the binding site plan mylar are
required before the Director can approve the final binding site plan:
i. City Engineer: Whose signature approves the layout
of streets, alley and other rights of way, design of bridges, sewage and water systems and other
structures. Additionally, the City Engineer's signature approves the adequacy of the proposed
means of sewage disposal and water supply if City services are provided.
ii. Kitsap County Health District: Whose signature
approves the adequacy of the proposed means of sewage disposal and water supply if City
services are not provided.
111. Kitsap County Treasurer: Whose signature confirms
a statement that all taxes and delinquent assessments for which the property may be liable as of
the date of certification have been duly paid, satisfied or discharged.
i v. Property Owner: Whose signature confirms a
statement that the division of land has been made with the free consent and in accordance with
the desires of the owner( s).
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20.12.100 Approval Criteria - Preliminary Subdivision
The following criteria shall be used to review and approve preliminary short
subdivisions, formal subdivisions, and binding site plans:
(a) The subdivision is in conformance with the Comprehensive Plan, Shoreline
Master Program, and any other city adopted plans;
(b) Provisions have been made for water, storm drainage, erosion control and sanitary
sewage disposal for the subdivision that are consistent with current standards and plans as
adopted in City code or ordinance;
(c) Provisions have been made for road, utilities, street lighting, street trees and other
improvements that are consistent with the zoning code and Engineering Standards;
(d) Provisions have been made for dedications, easements and reservations;
(e) The design, shape and orientation of the proposed lots are appropriate to the
proposed use. In addition to meeting the minimum lot size density requirement, each residential
lot must provide a building envelope. Therefore, comer lots, lots with easements, or lots with
environmental constraints may have to be larger than other lots in the subdivision;
(f) The subdivision complies with the relevant requirements of the zoning code and
all other relevant local regulations;
(g) Appropriate provisions are made to address all impacts identified by any special
reports that have been prepared;
(h) Appropriate provisions for maintenance and monitoring of privately owned
common facilities have been made;
(i) Appropriate provisions, in accordance with RCW 58.17.110, are made for:
(1) The public health, safety, and general welfare and for such open spaces,
drainage ways, streets, or roads, alleys or other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other
relevant facts, including sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school, and
(2) The public use and interest will be served by the platting of such
subdivision and dedication.
20.12.110 Submittal Requirements - Preliminary Subdivision
An applicant seeking approval of a short subdivision, formal subdivision, or binding site
plan must submit a complete application requesting approval. It is the responsibility of the
applicant to provide all of the necessary information before the application is processed. In
conjunction with the appropriate fee, a complete application for a preliminary subdivision
approval shall contain, but is not limited to, the following:
(a) Application Form & Project Narrative Description: Application shall be made
on the appropriate forms prescribed by the Department and shall be signed and dated by the
property owner or authorized agent. When an authorized agent is involved, they shall provide
proof they represent the legal interests of the property owner. The application shall contain each
of the following:
(1) The name, address and telephone number of the applicant and person(s) to
be contacted;
(2) The Kitsap County Assessor's tax identification number;
(3) The name, address and telephone number of the owner(s) of the property;
(4) Address or location of the property to be subdivided;
(5) Legal description of the property;
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(6) The name ofthe school district serving the development;
(7) The existing zone classification;
(8) The existing shoreline environmental designation if any land is within
two-hundred (200) feet of the shoreline;
(9) Approximate project site lot area in acres;
(10) The range oflot sizes in square feet;
(b) Preliminary Plan: Seven (7) copies of the preliminary plat/ short plat/ binding
site plan drawn to scale. The preliminary plan shall contain the following illustrations (multiple
sheets may be used in order to provide clarity):
(1) Location of the site by Section, Township, Range;
(2) North arrow, scale and the boundary of the lands being subdivided;
(3) Approximate boundaries of all blocks, the designation oflots, lot lines,
and dimensions;
(4) The name of any adjacent subdivisions;
(5) The approximate location, names and width of all existing and proposed
streets, roads and access easements within the boundaries of the lands being subdivided and
adjacent lots;
(6) The location of existing and proposed improvements such as storm water
facilities, sidewalks, utilities, power poles, etc. within the boundaries of the lands being
subdivided and adjacent lots;
(7) The location of transit stops within one-hundred (100) feet of the
boundaries ofthe lands being divided;
(8) All existing and/ or proposed easements or divisions proposed to be
dedicated for any public purpose or for the common use of the property owners of the lands
being subdivided;
(9) A full and correct description of the lands being subdivided;
(10) Approximate location of existing structures, septic tanks, drain fields.,
wells and other improvements located on the site and whether such structures are proposed to
remain on the property;
(11) Shoreline, streams, wetlands, wildlife habitats and geologically hazardous
areas as defined in BMC Chapter 20.12 (Critical Areas) and Shoreline Master Program;
(12) Topographical information showing general slope information when
existing slopes are greater than ten (10) percent.
(c) Reduced Preliminary Plan: An eleven (11) inch by seventeen (17) inch
reproducible copy of the preliminary site plan containing the information prescribed in BMC
Section 20.12.140(b).
(d) Vicinity Map: A copy of the Kitsap County Assessor's map showing the location
of the existing parcel number of all abutting properties and the approximate location of the
subject property clearly marked.
( e) Title Report: A title report issued within thirty days of application, showing all
persons having an ownership interest, a legal description describing exterior boundary of
application site and listing all encumbrances affecting the site.
(f) Notice: Public notice packet as required by the corresponding application.
SEP A: Environmental (SEP A) checklist if the division of land is not exempt under WAC
197-11-800.
(g) Water and Sewer Availability: Information on the availability of sewer and
water services from the City Public Works Department or Kitsap County Health District.
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(h) Other Information: Any related information and/ or studies (including but not
limited to stormwater report, traffic study, or geotechnical report) required by other provisions of
the Bremerton Municipal code, identified in the pre-submittal conference meeting, or deemed
necessary by the Director.
20.12.120 Approval Criteria - Final Subdivision
The following criteria shall be used to review and approve final subdivisions:
(a) Conforms to all terms of the preliminary subdivision approval;
(b) Meets all zoning and engineering requirements;
(c) Meets all requirements of this Chapter; and
(d) Meets all applicable local and state laws that were in effect at the time of vesting.
( e) Improvements have been constructed or bonded at 150% of estimated
construction value.
20.12.130 Submittal Requirements - Final Subdivision
An applicant seeking final approval of a short subdivision, formal subdivision, or binding
site plan must submit a complete application requesting approval. It is the responsibility of the
applicant to provide all of the necessary information before the application is processed. In
conjunction with the appropriate fee a complete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form: Application shall be made on the appropriate forms
prescribed by the Department and shall be signed and dated by the property owner or authorized
agent. When an authorized agent is involved, they shall provide proof they represent the legal
interests of the property owner.
(b) Final Plan: The final plan shall be an original that is legibly drawn in black ink
on Mylar and is suitable for producing legible prints through scanning, microfilming or other
standard copying procedures. The map shall measure eighteen (18) inches by twenty-four (24)
inches and shall include all of the following:
(1) Drawn to scale at no less than one (1) inch to two-hundred (200) feet and
the scale shall be shown on the drawing;
(2) Include the date, title, name and location of the subject property, graphic
scale and true north point;
(3) Complete Legal description of the lands being divided;
(4) The location of all existing fences, structures, and other improvements;
(5) The location of any lakes, ponds, wetlands, streams, creeks, and slopes
(top and toe and percentage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and easements within or abutting the
subject property;
(7) Display the lines of all streets and roads, alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to
public use, with notes stating their purpose and any limitations;
(8) Contain data sufficient to determine readily and reproduce on the ground
the location, bearing, and length of every street, easement line, lot line, boundary line and block
line on site;
(9) Include dimensions;
(10) Include section subdivision information. Methods and data used for
comer reestablishment or section subdivision shall be stated on plat;
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(11) When applicable, display all interior permanent control monuments
located as determined by the city engineer's office. All monuments and property comers shall be
installed prior to the release of any bond;
(12) If the subdivision includes a dedication, the following statements shall be
included:
(i) The dedication of all streets and other areas to the public, and
individual or individuals, religious society or societies, or to any corporation, public or private,
as shown on the plat,
(ii) A waiver of all claims for damages against any governmental
authority which may be occasioned to the adjacent land by the established construction, drainage
and maintenance of said road;
(13) Said statements shall be signed and acknowledged before a notary public
by all parties having any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures detailed in Section 20.12.090;
(16) Treasurer's Certificate to ensure payment of taxes; and
(17) Other information requested during the preliminary approval.
(c) Lot Numbering: Lots shall be consecutively numbered; tracts shall be lettered
alphabetically and in consecutive order.
(d) Plat Certificates: Three (3) plat certificates for the real property shall accompany
the final plat.
(e) Lot Closures: Perimeter lot closures for all lots, tracts, and the exterior boundary
of the subdivision shall accompany the final plat.
(f) Addressing: Addresses of the individual lots shall be obtained from the Public
Works Department.
(g) Dedications: Dedications of right-of-way are pursuant to BMC Chapter 11.12
(Transportation Development Code).
20.12.140 Modifications to Preliminary Subdivision Approval- The Director may
administratively approve minor amendments to a preliminary subdivision approval. The Hearing
Examiner's approval is required after a public hearing for major amendment to a preliminary
subdivision approval. Notice of the hearing shall be sent in accordance with the notice
requirements for a public hearing in BMC Chapter 20.02 (Project Permits) and to all parties of
record. A major amendment includes but is not limited to any of the following:
(a) Amendments that would result in an increase to the number oflots in the
subdivision beyond the number previously approved;
(b) Amendments that would result in the relocation of any roadway access point to an
exterior street from the plat;
(c) Amendments that propose phasing of plat development not previously approved;
(d) Amendments that, in the opinion of the Director, would significantly increase any
adverse impacts or undesirable effects of the plat.
20.12.150 Recording Final Subdivisions. All final subdivisions shall be filed for
record with the office of the Kitsap County Auditor. The applicant shall furnish one (1) copy of
the recorded document to the Department and one (1) copy shall be file with the office of Kitsap
County Assessor.
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20.12.160 Expiration of Final Subdivision Approvals. Approvals of final
subdivisions shall automatically expire if the plans are not recorded within one (1) year of the
wri tten approval date.
20.12.170 Subdivision Vesting. Subdivisions shall be governed by the statutes,
ordinances, and regulations in effect at the time of complete application for preliminary
subdivision and will continue to be vested for a period of five (5) years after the final subdivision
approval.
20.12.180 Violation - Penalty
(a) Any violation of any provision of this Chapter constitutes a civil violation under
BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement may be
required as provided therein.
(b) In addition to, or as an alternative to, any other penalty provided in this Chapter or
by law, any person who violates any provision of this Chapter shall be guilty of a misdemeanor
pursuant to BMC Section 1.12.020(2).
(c) This Chapter shall not be construed to relieve from or lessen the responsibility of
any person owning any land or building, constructing or modifying any subdivisions in the city
for damages to anyone injured or damaged either in person or property by any defect therein; nor
shall the city or any agent thereofbe held as assuming such liability by reason of any preliminary
or final approval or by issuance of any permits or certificates authorized herein.
SECTION 2. . Bremerton Municipal Code Chapter 20.02 "Project Permits -
Table 040 Project Permit Processing Procedures" is amended to read as set for in Exhibit A
attached hereto and incorporated as if fully set forth herein.
SECTION 3. Chapter 3.01, Rate Table C of the Bremerton Municipal Code is
hereby amended to as set forth in Exhibit "B" to this ordinance. (Note - Exhibit B sets forth Rate
Table C as amended without the related exhibits).
SECTION 4. Severabilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the ~~
day of (f./'::hJ.../~) ,2006
~~~
CECIL McCONNELL, Council President
12
Land Subdivision & DCD Fee Update
Approved this I.~ day of
6~
"\
EMAN, Mayor
APPROVED AS TO FORM:
PUBLISHED the IW2 day of ~
EFFECTIVE the cZO..!-AJ day of _ _ _
ORDINANCE NO. 4t;Ro
,2006
,2006
R:\Legal\Legal\Ordinances\Community Deve1opment\2006 Subdivision Code and Fees.doc
13
Land Subdivision & DCD Fee Update
Table 040 Project Permit Processing Procedures
TYPE I DIRECTOR DECISIONS
Application Type Determination Notice of Notice of Notice of
of Completeness Application Hearinl! Decision
(1) Administrative No No No No
determination! code
interpretation
(2) Alternative Setback No No No No
Approval
(3)Boundary Line f~djuGtment Ne Ne Ne Ne
f:!iQlBuilding and other Yes No No No
Construction Permits
ffi.C1L Clearing less than 2 acres No No No No
of forest
~Demolition Permit No No No No
(exempt from SEP A)
flli2l.-Final Planned Unit No No No No**
Development
ffiffiFill and Grading Permit No No No No
(exempt from SEP A)
f2i{]lHome Occupation No No No No
Permit
f.W-t(9) Landscaping or No No No No
Alternative Landscaping
Plan
f-l-l.i(1 0) Minor Amendment No No No No
to an approved
Preliminary Plat
~(11 ) Minor Amendment No No No No
to an approved
Preliminary PUD
A-J.)(12 ) Minor Amendment No No No No
to other Permits not
listed
f-W(13 ) Nonconforming use No No No No
Determinations
~(14) Type I Permit or No No No No
Approval Revocation
~(15) Recreational No No No No
Vehicle 90-dav Permit
4-+i(16) Sign Permit No No No No
f+8i(17) Site Plan Review Yes No No No
(exempt from SEP A)*
491(18) Temporary No No No No
emergency wetland or
stream permits
rnA(19) Modification of No No No No
Critical Areas Standards
(exempt form SEPA)***
(20) Final Short Subdivision No No No No
EXHIBIT A
Application Type Determination Notice of Notice of Notice of
of Com leteness A lication Hearin Decision
(21) Final Binding Site Plan No No No No
* Applicable to Site Plan Review that is independent of and not part of a building or land use
application.
** Director's decision on final PUD plan shall be sent to parties of record.
*** Procedures for modification of critical areas are detailed within the specific sections of the
critical area regulations in Chapter 20.14 BMC.
TYPE II DIRECTOR DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearinl! Decision
(1) Administrative Yes Yes No Yes
Conditional Use
Permit
(2) Preliminary Binding Yes Yes No Yes
Site Plan
(3) Demolition Permit Yes Yes No Yes
(requiring SEP A)
(4) Fill and Grading Yes Yes No Yes
Permit (requiring
SEPA)
(5) Nonconforming No Yes No Yes
Administrative
Continuance *
(6) Type II Permit or No No No No
Approval Revocation
(7) Site Plan Review Yes Yes No Yes
(requiring SEP A)
(8) Shoreline Permit Yes Yes No Yes
Revision
(9) Shoreline Substantial Yes Yes No Yes
Development Permit
(10) Preliminary Short Yes Yes No Yes
Subdivision
(11) Wetland or stream Yes Yes No Yes
Assessment
(12) Wetland or stream Yes Yes No Yes
development permit
(13) Building and other Yes Yes No Yes
Construction Permits
(requiring SEP A)
(14) Modification of Yes Yes No Yes
critical area standards
(requiring SEP A)**
(15) Stand-alone No No No No
nonproject SEP A
*Notice of Application shall be mailed to property owners within 300 feet of the subject property
and the notice of decision shall be issued within 60 days.
**Procedures for modification of critical areas are detailed within the specific sections of the
critical area regulations in Chapter 20.14 BMC.
TYPE III HEARING EXAMINER DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearinl! Decision
(1) Non-administrative Yes Yes Yes Yes
Conditional Use
Permit
(2) Major PUD Yes Yes Yes Yes
Amendment
(3) Major Amendment Yes Yes Yes Yes
Preliminary
Subdivision
(4) Preliminary PUD Yes Yes Yes Yes
(5) Preliminary formal Yes Yes Yes Yes
Subdivision
(6) Senior Housing Yes Yes Yes Yes
Complexes
(7) Shoreline Conditional Yes Yes Yes Yes
Use Permit
(8) Shoreline Variance Yes Yes Yes Yes
(9) Type III Permit No No No No
Approval Revocation
(10) Variance Yes Yes Yes Yes
TYPE IV CITY COUNCIL DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
(1) Rezone for site- Yes Yes Yes Yes
specific property*
(2) Final formal No No No No
Subdivision**
(3) Development Yes No No No
Agreement
(4) Vacation of Yes Yes Yes Yes
Subdivision
*The Hearing Examiner holds the open-record hearing and provides a recommendation to the
City Council.
** A final subdivision may-will be decided at an open public meeting; a public hearing was
conducted during the preliminary subdivision phase and is not required for final approval-aml-i-t
does not require a publio hearing.
R:\LegaJ\Legal\Ordinances\Community DeveJopment\2006 Subdivision Code and Fees Exhibit A.doc
COMMUNITY DEVELOPMENT - RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
C. DEPARTMENT OF COMMUNITY DEVELOPMENT
RATE
1. SUBDIVISIONS
Preliminary Short $1000 + $150 per
lot
Preliminary Formal~ PlaVBindinq $2500 + $150 per
Site Plan let
$150/lot (1-100
lots)
$100/lot (101-200
lots)
$75/lot (201 + lots)
Final P-tat $315
2. SHORELINE MASTER PROGRAM
Substantial Development Permit $650
Conditional Use Permit $1750
Shoreline Variance $1750
Permit Revision $325
Shoreline Exemption $100
3. STATE ENVIRONMENTAL POLICY ACT
(SEPA)
Checklist $320
Environmental Impact Statement $650 + additional
Review/Adoption cost of expertise
4. APPEAL (to Hearing Examiner) $175
5. ABATEMENTS
Dangerous Building $900 + Direct
Service and
Supply Cost
Garbage & Weed $640 + Direct
Service and
Supply Cost
6. BUILDING PERMIT FEES -Refer to Exhibit 1
7. PLAN REVIEW FEE 65% of the building
Note: 50% of the Plan Review Fee may be permit fee as set
waived in cases of multiple submittals of forth in Exhibit 1
identical residential plans within a calendar
year. This waiver shall not apply in the
event of an applicable code change.
8. MECHANICAL PERMIT FEES -Refer to Exhibit 2
9. PLUMBING PERMIT FEES -Refer to Exhibit 3
10. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4
EXHIBIT B 3.01 - C1
COMMUNITY DEVELOPMENT - RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
RATE
11. ZONING ORDINANCE
Ordinance Amendments
Text $740
Rezone (Map Amendment) $740
Variance
Administrative $325
Public Hearing/Single Family $500
Public Hearing/Other $1750
Residential Cluster Development $1500 + $1001DU
Development Agreements $1600
Conditional Use Permit
Administrative (No public hearing) $350
Hearing Examiner/SF Residential $500
Hearing Examiner/Other $1750
Non-Conforming Use Determination $275
Director's Code Interpretation $175
12. COMPREHENSNEPLAN
Text or Map Amendment $1500
Combined Text and Map Amendment $2500
13. SITE PLAN REVIEW
Four or fewer Residential Units $250
Other $500
14. SITE DEVELOPMENT PERMIT $500
(Fee waived if concurrent with Site Plan
Review)
R:\Legal\Legal\Ordinances\Community Development\2006 Subdivision Code and Fees Exhibit A.doc
3.01 - C2
AFFIDA VIT OF PUBLICATION
Account # 42742/ Ad # 151615
ST ATE OF WASHINGTON
COUNTY OF KITSAP
I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: ,
October 10,2006 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $38.38 which
amount has not been paid in full.
~Lt~.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of October 24, 2006
Notary Public in and for the State of Washington, Kitsap County.
.:Notarv 'ubllc
" of WaShington
DAWN BLAn
My Appointment ExplresJul 30. 2010
ORDINANCE NO. 4980
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing BMC Chapter
20.12 entitled "Short Subdivisions and Plats" and replacing it with a new Chapter 20.12 entitled "Land
Division," amendingBMC Chapter 20.02 Project Permits Table 040 to reflect the new Land Division
regulations, and amending BMC Chapter 3.01 to update Community Development rates and fees relating to
Subdivisions and Residential Cluster Developments.
PASSED by the City Council the 4th day of October, 2006.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
October 10, 2006......................AD #20020088