Chapter 16.24
LAND SEGREGATION STANDARDS
Sections:
16.24.060 Low impact development.
16.24.070 Land segregations within the shoreline jurisdiction.
16.24.080 Land segregations containing or bordering critical areas.
16.24.010 Purpose.
The purpose of this chapter is to provide standards for the orderly development of land segregations that adequately provides for the health, safety and general welfare of the citizens of Kitsap County. Additionally, this chapter’s purpose is to provide for flexibility in the development of land when utilizing low impact development (LID) techniques.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.020 Applicability.
This chapter applies to all land segregations processed through Chapters 16.40, Subdivisions, 16.48, Short Subdivisions, 16.52, Large Lot Subdivisions, and 16.56, Binding Site Plans.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.030 (Reserved)
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.040 Urban standards.
A. Access.
1. General.
a. When accessing paved county right-of-way, the project approach shall be paved, per Chapter 4 of the Kitsap County Road Standards, as now or hereafter amended. When adjacent to or accessing Washington State Department of Transportation (WSDOT) right-of-way, WSDOT shall be provided the opportunity to review and comment on the proposed land segregation with respect to access.
b. Appropriate drainage facilities to mitigate construction of roads shall be provided and constructed in accordance with Title 12, Storm Water Drainage.
2. Private Roads. All private roads within single-family developments proposing more than four lots shall be in the form of separate access tracts and shall be constructed in compliance with the requirements of the fire marshal’s office regarding emergency vehicle access. Private roads shall be cleared, grubbed, graded and paved or use LID surfacing techniques.
3. Public Rights-of-Way. For land segregations proposing more than four lots, dedication of right-of-way shall be required when a proposed road meets the criteria for classification as an arterial, collector or sub-collector in the KCRS. All road(s) shall be constructed in compliance with adopted Kitsap County Road Standards, as now or hereafter amended.
B. Public Transit Provisions. Land segregations shall provide for transit stops, shelters and/or space for said stops or shelters, as deemed necessary.
C. Nonmotorized Facilities.
1. Pedestrian Sidewalk Requirements.
a. Sidewalks shall be required on both sides of all public or private streets that meet the criteria for classification as a principal or minor arterial, collector, local sub-collector or local minor road as determined under the Kitsap County Road Standards.
b. Sidewalks shall be required on a minimum of one side of all public or private streets that meet the criteria for classification as local road, cul-de-sac or very low volume local road as determined under the Kitsap County Road Standards. Sidewalks may be required on both sides based upon site-specific conditions.
c. Sidewalk design shall be consistent with all applicable standards, including but not limited to Kitsap County Road Standards, shall apply the Americans with Disabilities Act (ADA) standards for sidewalk ramps at all intersections, pedestrian crossings and transit stops and shall be a minimum of five feet wide.
d. Where clustered mailboxes are proposed or required at the entrance and/or within the development, sidewalks shall be widened to meet required horizontal and vertical clear zones.
e. Rolled curbs and thickened edge asphalt are prohibited, except where the sidewalk is separated from the street by at least five feet.
2. Nonmotorized Trail Requirements. All development must be consistent with the Kitsap County Greenways, Bicycle Lane and Mosquito Fleet Trail Plan (Mosquito Fleet Trail Plan), as adopted. Where required by the Mosquito Fleet Trail Plan, a nonmotorized trail shall be provided. The trail shall be designed and built to the Mosquito Fleet Trail Plan standards for the required trail classification. Based upon topographic features, safety or other factors, provision of a trail may reduce the requirement for sidewalks.
3. Multipurpose Facilities. Where required by the Mosquito Fleet Trail Plan, multipurpose facilities, including but not limited to bicycle lanes shall be provided. All bicycle lanes shall be constructed to WSDOT standards at locations required by the Mosquito Fleet Trail Plan.
D. Off-Street Parking.
1. Projects shall provide off-street parking consistent with the requirements of Chapter 17.490. Kitsap County encourages the use of low impact development (LID) techniques that conserve natural areas and minimize development impacts. Deviations from the off-street parking requirements set forth herein may be supported when LID techniques are employed without risk to the traveling public, critical infrastructure or maintenance operations.
2. When calculating the required number of parking spaces, fractional parking space requirements shall be rounded up to the nearest whole number.
3. If the development includes set-aside parking areas, each area shall be limited to no more than ten spaces and shall be distributed throughout the development.
E. Fire Protection. Fire protection including fire hydrants, water supplies for firefighting and emergency vehicle access shall be provided in accordance with Title 14, the Kitsap County Building and Fire Code, and other applicable ordinances.
F. Landscaping Requirements.
1. Landscaping shall be provided at all entrances to the project development consistent with the landscaping standards of Chapter 17.500.
2. Street trees consistent with Titles 12 and 17 shall be provided along all public and private streets that meet the criteria for classification as a principal or minor arterial, collector or local sub-collector and local access roads as determined by the Kitsap County Road Standards. Street trees shall be located in the road right-of-way or access tract, or the front yards of individual lots or units. Street trees located on individual lots may be installed before final plat approval or before the certificate of occupancy for individual building permits. There shall be at least one tree per every twenty-five feet of road frontage. Trees shall be spaced no further apart than thirty-five feet. Street tree species shall be consistent with the KCRS and shall be large canopy trees unless otherwise approved by the director for special mitigating circumstances. Maintenance of street trees and landscaping within county right-of-way is the responsibility of the fronting property owner(s).
G. Utilities.
1. Water Supply and Sanitary Sewer System. Where an approved public water supply and/or an approved public sewer system is available to the land segregation project, connection thereto may be required upon the recommendation of the health officer or other Kitsap County requirements.
2. Utility Easements. A ten-foot utility easement shall be located along those lot frontages within the land segregation project that abut private and public roads. This easement shall accommodate what is commonly referred to as broadband access.
3. Utility Connectivity Requirements. Easements for future public utility extensions to abutting properties shall be required as a condition of application approval in cases where the county finds the following:
a. Vacant or underutilized land abuts the proposed land segregation or development; and
b. The location of said utility easement is reasonable based upon the design needs for future utility infrastructure; and
c. The establishment of said easement will further the extension of utility infrastructure within the urban growth area; and
d. The extension of utilities using the easement is foreseeable; and
e. The establishment of said easement furthers the goals and policies of the Comprehensive Plan.
H. Recreation Requirements.
1. All land segregations (except those segregations proposed as a performance based development) of more than four lots within residential zoning designations or that include residential units and that result in lots of less than eight thousand square feet in size shall provide recreational open space at the following ratios:
a. Where developed at a density of nine units or less per acre, three hundred ninety square feet per unit;
b. Where developed at a density of greater than nine units per acre, one hundred seventy square feet per unit;
c. If calculations result in a fraction, the fraction shall be rounded up to the nearest whole number;
d. A project applicant may propose a different standard for meeting these recreational requirements so long as the proposed facilities meet the minimum level of service for recreational facilities as set forth in the Kitsap County Comprehensive Plan.
2. Recreation facilities shall be placed in a designated recreational open space tract and shall be dedicated to a homeowners’ association or other acceptable organization, to provide continued maintenance of the recreational open space tract.
3. Recreational open space tracts shall:
a. Be of a grade and surface suitable for recreation improvements and generally have a maximum grade of five percent, unless a steeper grade is acceptable for the activities associated with the amenity;
b. Be located on the site of the proposed land segregation;
c. Be located within the land segregation in a manner that affords good visibility of the tract from roads, sidewalks and the majority of dwellings;
d. Have no dimensions less than thirty feet, except the width of trail segments;
e. Be at least five hundred square feet in size;
f. Be located in one designated area, unless it is determined that recreational opportunities would be better served by multiple areas developed with recreation or play facilities; and
g. Be accessible and convenient for year-round use to all residents within the land segregation.
4. Play equipment, paved sports court, exercise fitness trail, community gardens with water service, age appropriate facilities or similar amenities shall be provided within the recreational open space tract. Construction of amenities shall meet the latest industry safety standards.
5. A recreational open space plan shall be submitted to the department and reviewed and approved with the site development activity permit (SDAP). Said plan shall show dimensions, finished grade, equipment, landscaping and improvements to demonstrate that the requirements of this subsection are met.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.050 Rural standards.
A. Access.
1. General.
a. When accessing paved county right-of-way, the project approach shall be paved, per Chapter 4 of the Kitsap County Road Standards, as now or hereafter amended.
b. Appropriate drainage facilities to mitigate construction of roads shall be provided and constructed in accordance with Title 12, Storm Water Drainage, as now or hereafter amended.
c. When accessing WSDOT right-of-way, the project approach shall meet WSDOT standards and WSDOT storm water requirements shall apply.
2. Private Roads.
a. The width of an access easement shall be a minimum of twenty feet when serving up to two lots and a minimum of thirty feet when serving three or more lots, unless a waiver is requested and granted. Waivers may be granted for existing easements leading to the proposed land segregation that are less than the required width. In such cases, the waiver request will be reviewed by the fire marshal’s office for safety issues and by the director for adequacy of design.
b. Access roads shall be cleared, grubbed, graded and surfaced. The driving surface may be graveled, paved or use LID surfacing techniques.
3. Public Rights-of-Way.
a. For land segregations proposing more than four lots, dedication of right-of-way shall be required when a proposed road meets the criteria for classification as an arterial, collector or sub-collector and shall be constructed in compliance with Kitsap County Road Standards.
b. For any land segregation that proposes to connect to an existing county right-of-way and will either impact the level of service, safety, or operational efficiency thereof or is otherwise required to improve the existing right-of-way, one of the following will be required:
i. The property owner must construct the improvements necessary to mitigate the impacts of the land segregation in accordance with the Kitsap County Road Standards; or
ii. The property owner must pay its proportionate share of the necessary improvements prior to recording of the final plat. This option is only applicable if the improvements are identified in the county’s Transportation Improvement Plan; or
iii. The property owner must execute a legally binding agreement, in a form acceptable to the director, in which the property owner agrees to participate without protest in any local improvement district, local utility improvement district, road improvement district, transportation benefit district, or other similar entity formed for the construction of improvements that include those necessitated by the land segregation, and further agrees to sign any petition for the formation thereof and payment of subsequent fees or charges. Such agreement may be signed by the director on behalf of Kitsap County, must be recorded with the auditor and must be binding on all heirs, assigns, transferees, donees and successors in interest. Nothing in this section shall be construed to limit the ability of the property owner to challenge the amount of any assessment.
B. Nonmotorized Facilities.
1. Nonmotorized Trail Requirements. All development must be consistent with the Kitsap County Greenways, Bicycle Lane and Mosquito Fleet Trail Plan (Mosquito Fleet Trail Plan), as adopted. Where required by the Mosquito Fleet Trail Plan, a nonmotorized trail shall be provided. The trail shall be designed and built to the Mosquito Fleet Trail Plan standards for the required trail.
2. Multipurpose Facilities. Where required by the county’s Mosquito Fleet Trail Plan, multipurpose facilities, including but not limited to bicycle lanes, shall be provided. All bicycle lanes shall be a minimum of five feet wide and constructed to WSDOT standards at locations required by the Mosquito Fleet Trail Plan.
C. Fire Protection. Fire protection including fire hydrants, water supplies for firefighting and emergency vehicle access shall be provided in accordance with Title 14, the Kitsap County Building and Fire Code and other applicable ordinances.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.060 Low impact development.
A. To encourage and facilitate the use of low impact development (LID) techniques for storm water management, developments that fully incorporate LID techniques may be allowed flexibility in road geometrics, parking requirements, density and side yard building setbacks. Such flexibility shall not increase the allowed density by more than fifteen percent and must demonstrate adequate emergency services access. These bonuses are available only for sites where commitment to maximum site and environmental protection through use of site assessment and planning, integrated site design, minimized site disturbance, and low impact development standards is successfully demonstrated.
B. Only land segregations submitted concurrently with a performance based development (PBD) application under Chapter 17.450 may be considered for LID flexibility under this section. The PBD standards of Chapter 17.450 shall be applied except that additional flexibility may be permitted as follows:
1. Reduction of required parking spaces per residential unit, from two and one-half to two;
2. Allowance of zero lot line side yard setback for subdivisions and short subdivisions;
3. Reduction of side yard setback to fifteen feet for large lot subdivisions;
4. Application of very low volume road standards to low volume local and local cul-de-sac road classifications, where safety can be demonstrated to the satisfaction of the fire marshal;
5. Increase in lot density by a maximum of fifteen percent, subject to successful demonstration of compliance with this section.
C. In addition, all applications for LID PBDs will require a pre-application meeting with Kitsap County department of community development and a joint site visit with county staff prior to application submittal. The applicant shall also conduct thorough site assessment and planning as required under the Kitsap County Low Impact Development Standards as now or hereafter adopted with the Kitsap County Storm Water Manual. Demonstration of preservation of native vegetation, protection of environmental resources and critical areas, ground water recharge and compliance with Title 12 shall be required.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.070 Land segregations within the shoreline jurisdiction.
Where a land segregation occurs within the two-hundred-foot shoreline jurisdictional boundary, development shall occur in accordance with the standards at Title 22.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.24.080 Land segregations containing or bordering critical areas.
Where a land segregation contains or borders a critical area, development shall occur in accordance with the appropriate standards as required by Title 19, including specified native vegetation buffers and construction setbacks where applicable.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)