A. Natural Area Required. All residential subdivisions shall provide natural area consistent with Chapter 17.28 BIMC, Definitions, Table 17.12.070-1, and the following standards:
1. Natural Area Objectives. The natural area(s) shall support one or more of the following objectives:
a. Preservation and protection of:
i. Natural resources and ecological functions, including groundwater recharge;
ii. Native soils and topography;
iii. Historic island landscapes including farmland, meadows, pastures, and orchards; and
iv. Scenic views along roads.
b. Promoting interconnected open space, wildlife corridors, and undeveloped areas;
c. Promoting a development pattern consistent with island character.
2. Types of Natural Area. The natural area(s) shall be designated as the first step in the four-step design process defined in BIMC 2.16.125.D. Natural areas consist of primary and secondary natural areas.
a. Primary Natural Areas (PNA). PNAs form the core of the natural area to be protected. PNAs include the following:
i. Critical areas other than critical aquifer recharge areas;
ii. Critical area buffers and setbacks; and
iii. Shoreline buffers.
b. Secondary Natural Areas (SNA). SNAs are noteworthy or significant features of the natural landscape. SNAs include the following:
i. Farmland, pastures, meadows, and orchards;
ii. Mature trees and shrubs;
iii. Wildlife corridors;
iv. Greenways and trails;
v. Scenic viewsheds;
vi. Mature vegetation on ridgelines;
vii. Freestanding landmark trees, as defined in Chapter 16.32 BIMC, and their critical root zone (as identified by a consulting arborist).
3. Amount of Natural Area Required. The natural area requirement shown in Table 17.12.070-1 shall be provided as shown in Figure 17.12.070-1, Natural Area Allocation, and in accordance with the following standards:
a. The area provided for natural area shall be based on and consistent with the existing types of natural areas (listed in subsection A.2 of this section) on the subject property, up to the maximum shown in Table 17.12.070-1, unless additional natural area is required due to the presence of PNAs (listed in subsection A.2.a of this section).
b. All PNAs (listed in subsection A.2.a of this section) are required to be designated as natural area even if this amount exceeds the maximum percent required shown in Table 17.12.070-1. This may result in no subdivision being permitted or a subdivision with less than the maximum number of lots allowed in accordance with Table 17.12.070-1.
c. If the area being subdivided contains less than the percentage of natural area shown in Table 17.12.070-1, then the designated natural area is identified accordingly and community space is required pursuant to subsection B of this section.
d. All lands subject to critical area regulations by Chapter 16.20 BIMC shall remain subject to those regulations. Buffer modifications or setback reductions may be pursued.
e. Natural areas may be included on individual lots.
f. Natural areas shall not be required to be dedicated to the public, and the owner shall not be required to permit public access to designated natural areas.
g. All natural areas shall be depicted on the face of the preliminary and final plat.
Figure 17.12.050-1 Natural Area Allocation
4. Aquifer Recharge Protection Area (ARPA). Subdivisions in the R-0.4, R-1, and R-2 zoning districts shall meet the requirements of BIMC 16.20.100 and the following standards:
a. If a proposed subdivision includes more than one parcel, the ARPA shall be calculated based on the total square footage of all parcels;
b. If the required ARPA is greater than the required natural area, the natural area shall be increased to achieve the required ARPA area;
c. The 12,500-square-foot development area allowed pursuant to BIMC 16.20.100.E.2.b shall be allocated in aggregate; that is, the total development area within the subdivision shall be determined by the total number of lots allowed multiplied by 12,500;
d. ARPAs within subdivisions shall be consistent with the ARPA development standards listed in BIMC 16.20.100.D.
5. Natural Area Configuration. Designated natural areas shall be configured in a manner that enhances and promotes the natural resource characteristics of the property and development pattern of the surrounding area. Natural area configuration shall satisfy the following guidelines to the extent feasible:
a. Natural area should be concentrated in large, consolidated areas; and
b. Natural area should connect to adjacent off-site open space areas, designated wildlife corridors and trails, and/or critical areas, where feasible; and
c. Natural area should be designed to preserve views from off site of the subject property; and
d. Natural area should be delineated with a low perimeter-to-area ratio;
e. Natural area shall have a minimum width of 50 feet outside of roadside and perimeter buffers; and
f. Natural area may be included as a portion of one or more lots or may be contained in a separate tract, except for critical areas and their buffers and setbacks.
6. Natural Area Fencing and Signage. Fences and/or signs delineating the boundary of natural areas are required. The director shall determine which option (fence or sign) is required, based on the recommendations from the design guidance review meeting.
a. If fencing is required:
i. Low-impact fences are preferred and must be constructed in accordance with the definition in BIMC 17.28.020;
ii. Fencing is not required at the exterior boundary of the subdivision;
iii. Gaps in fencing not exceeding five feet are permitted; and
iv. Gates are permitted if they are consistent with the definition of low-impact fences in BIMC 17.28.020.
b. If signs are required:
i. They shall be constructed in accordance with the definition in BIMC 17.28.020; and
ii. Typically, they shall be spaced at intervals of 50 feet, allowing for variation due to reasons such as topography, configuration of natural area, distance from other features, etc.
c. If signage is required and encroachments into the designated natural area occur, the director may require that the owner install fencing and/or additional signage to prevent future encroachments. Required fencing and signs shall be maintained in good repair, with repair or replacement to occur within 60 days.
7. Natural Area Ownership. Ownership of natural area shall be established consistent with one of the following forms of ownership:
a. Private Ownership. Natural areas may be held in private ownership if established by easements, restrictive covenants, the natural area management plan, or similar legal means; or
b. Common Ownership. Natural areas may be held in common by a home or property owners’ association or other similar organization. For the purposes of this title, if a land trust or a similar conservancy maintains ownership or a conservation easement, that shall be considered common ownership. If this ownership pattern is selected, covenant, conditions, and/or restrictions shall be required; or
c. Public Ownership. Designated natural areas shall not be required to be dedicated to the city or other public agency, and the owner shall not be required to permit public access to designated natural areas. However, if the owner offers to dedicate, the city or other public agency may choose to accept ownership of natural areas. Consequently, upon approval and acceptance by the city council, the natural areas shall be dedicated to the public.
8. Natural Area Maintenance. An applicant shall submit a draft natural area management plan (NAMP), as described in the Bainbridge Island administrative manual, for review as part of the preliminary plat application. Final approval of the NAMP will occur at the time of final plat approval. The natural area management plan shall include:
a. A list of all approved uses for the natural areas. Where uses in separate natural areas vary, the specific location of each use shall be depicted graphically.
b. A maintenance plan for natural areas that clearly describes the frequency and scope of maintenance activities for natural areas.
c. The approved NAMP must be filed with the Kitsap County auditor. In the event that the natural area is not maintained consistent with the NAMP, the city shall have the right to enter the property for necessary maintenance, with the cost of such maintenance assessed against the landowner or, in the case of a homeowners’ association, the owners of the properties within the subdivision, and shall, if unpaid, become a tax lien on such property or properties.
9. Allowed Uses in Natural Area. The following uses are allowed in those natural areas that are not part of a required roadside or perimeter buffer (unless zoning regulations of BIMC Title 18, provisions of the shoreline master program per Chapter 16.12 BIMC, or critical areas regulations of Chapter 16.20 BIMC, including allowed uses within aquifer recharge protection areas, restrict that use):
a. Passive recreation, including pervious trails;
b. Agricultural uses and fencing necessary for animal control in SNAs only;
c. Potable water wells and well houses;
d. Low-impact fencing or signs marking the natural area boundary or critical area boundary;
e. On-site sewage treatment system use approved by the director for all residential zones, if the applicant can demonstrate that (i) the proposed use will not adversely affect the function or characteristics of the specific natural area, (ii) the system is approved by the Kitsap County health district, and (iii) construction of the system will not require the removal of significant trees, native forests, vegetation within a required buffer for designated critical areas subject to Chapter 16.20 BIMC, or vegetation within areas designated for protection under the shoreline master program pursuant to Chapter 16.12 BIMC;
f. Storm drainage system use approved by the director for all residential zones if the applicant can demonstrate that (i) enhanced vegetation will be provided so that the facility appears as a natural feature, (ii) the proposed use will not adversely affect the function or characteristics of the specific natural area, (iii) the system meets the design standards of Chapters 15.20 and 15.21 BIMC, including low-impact development designs, and (iv) the system design must contribute to the function and characteristics of the natural area feature by providing the following:
i. No above-ground storm detention facilities are permitted; and
ii. Enhanced vegetation will be provided in conjunction with the storm drainage facility in order to make it a more natural feature; and
iii. Pedestrian trails should be considered as part of the design; and
iv. While fencing of designated natural areas or critical areas may be required by the director pursuant to subsection A.8.a of this section, separate fencing of storm drainage facilities or areas shall only be installed if necessary to protect public safety. Where fencing is required, low-impact fencing shall be used, and chain-link fences are prohibited unless superseded by state law.
g. Playgrounds and tot lots, picnic shelters and benches, community gardens, bus shelters, community art, or fountains may be allowed within a designated natural area, provided the proposed use will not adversely affect the function or characteristics of the specific natural area.
h. Solar panels, small wind energy generators, composting bins, rainwater harvesting barrels, cisterns, and rain gardens/swales, as defined in Chapter 18.36 BIMC, may be allowed within a designated natural area, provided the proposed feature will not result in the damage or removal of significant trees.
B. Community Space Required. All residential subdivisions, except short subdivisions and as modified in subsection B.2 of this section, shall provide community space consistent with Chapter 17.28 BIMC, Definitions, Table 17.12.070-1, and the following standards:
1. Community Space Objectives. Community space shall accomplish one or more of the following objectives:
a. Provide a place for residents to gather in shared space.
b. Provide common buildings, open space, or gardens.
c. Provide space for unstructured recreation.
d. Enhance a felt and actual sense of security, identity, and community.
e. Provide a protected, traffic-free environment.
2. Amount of Community Space Required. The minimum community space shown in Table 17.12.070-1 shall be provided and shall be depicted on the face of the plat. Community space is not required in the R-0.4, R-1, and R-2 zoning districts if the maximum natural area is provided.
3. Community Space Configuration. Community space should adjoin the largest practicable number of lots within the development. Nonadjoining lots shall be provided with safe and convenient pedestrian access to community space. Community space shall not include perimeter or roadside buffers.
4. Community Space Ownership. Ownership of community space shall be established consistent with one of the forms of ownership set forth in subsection A.7 of this section.
5. Community Space Maintenance. An applicant shall submit a draft community space management plan (CSMP), as described in the Bainbridge Island administrative manual, for review as part of the preliminary plat application. Final approval of the CSMP will occur at the time of final plat approval. The community space management plan shall include:
a. A list of all approved uses for the community space. Where uses in separate community spaces vary, the specific location of each use shall be depicted graphically.
b. A maintenance plan for community space that clearly describes the frequency and scope of maintenance activities, and that meets all requirements set forth in this subsection B.5 and the Bainbridge Island administrative manual.
c. The approved CSMP must be filed with the Kitsap County auditor within 30 days of final plat approval. In the event that the community space is not maintained consistent with the CSMP, the city shall have the right to enter the property for necessary maintenance, with the cost of such maintenance assessed against the landowner or, in the case of a homeowners’ association, the owners of the properties within the subdivision, and shall, if unpaid, become a tax lien on such property or properties.
6. Allowed Uses in Community Space. Community space may include uses such as crop and animal agriculture, meadows, orchards, pastures, turf fields, and common buildings. Prohibited and allowed uses within community space shall be included in the draft terms, conditions, covenants, and agreements proposed for the subdivision, which shall be submitted with the preliminary subdivision application. Final terms, conditions, covenants, and agreements must be filed with the Kitsap County auditor within 30 days of final plat approval. (Ord. 2019-03 § 5 (Exh. A), 2019)