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Port Orchard City Zoning Code

Subtitle V

DIVISION OF LAND

§ 20.80.010 Title.

(1) 
The ordinance codified in this subtitle shall be known as the city of Port Orchard subdivision code.
(2) 
This chapter shall be entitled "Subdivisions – General Provisions." The provisions of this chapter shall apply to all chapters within this subtitle.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.80.020 Authority.

This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable laws.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.80.030 Purpose.

The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the subdivision of land, for obtaining binding site plans, unit lot subdivisions, and of the adjustment of existing lot lines within the city, ensuring:
(1) 
That the highest feasible quality in subdivisions will be obtained;
(2) 
That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected, complying with the provisions of Chapter 58.17 RCW;
(3) 
That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted;
(4) 
That the proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made;
(5) 
That maximum advantage of site characteristics shall be taken into consideration;
(6) 
Undue and unnecessary burdens are not placed on either the applicant or the city; and
(7) 
That the process shall be in conformance with provisions set forth in this title and the Port Orchard comprehensive plan.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.80.040 Applicability.

(1) 
The provisions of this subtitle shall apply to all lot line adjustments and the division of any land within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building development into two or more parcels, except as expressly stated in this subtitle.
(2) 
Land use review procedures provided in Subtitle II (Permitting and Development Approval) of this title shall apply in addition to applicable provisions within this subtitle.
(3) 
No person, firm, or corporation proposing to make, or having made, any division of land as described above within the city limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short plat, subdivision plat, unit lot subdivision, or binding site plan in accordance with this subtitle, unless such agreement for sale complies with RCW.
(4) 
All contiguous land shall be included in a plat application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this subtitle. The applicant shall certify that they have included all contiguous land in a plat application and that they do not own or otherwise have a legal interest in ownership of contiguous parcels.
(5) 
Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has short-platted a parcel into fewer than nine lots from filing a short plat within a five-year period to create up to a total of nine lots within the boundary of the original short plat. Any land being divided into 10 or more parcels, lots, tracts, or sites for any purpose, and any land which has been divided under the short plat process within five years, shall conform to the provisions of the preliminary and final plat procedures of this subtitle. The only exception to this provision shall be those lands being subdivided through the binding site plan procedures of this subtitle.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 059-21 § 9; Ord. 017-23 § 1; Ord. 008-25 § 10 (Exh. I))

§ 20.80.050 Exemptions.

Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and the provisions of this subtitle shall not apply:
(1) 
Cemeteries and other burial plots while used for that purpose;
(2) 
Divisions made by testamentary provisions, or the laws of descent;
(3) 
Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with this subtitle;
(4) 
A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with this subtitle;
(5) 
Lot line adjustments made pursuant to this subtitle;
(6) 
A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless service" means any federally licensed personal wireless service. "Facilities" means unstaffed 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;
(7) 
A division of land related to the acquisition or exchange of land by public agencies for public use, except human occupancy, including but not limited to subdivisions made for road construction purposes;
(8) 
Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or utility facilities, such as but not limited to the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; or a pump house, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the community development director is received;
(9) 
Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the county auditor.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 017-23 § 1 (Exh. A); Ord. 008-25 § 10 (Exh. I))

§ 20.80.060 Document forms.

All short plats, final plats, unit lot subdivisions, replats or binding site plans shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision, unit lot subdivision, binding site plan, or boundary line adjustment, and easements, dedications, acknowledgements, and other statements, shall appear substantially in the form as follows, based on the type of land division to be recorded:
(1) 
Easements (Sample Utility Easement).
An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted.
(2) 
Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the said donee or donees, grantee or grantees, for their use for the purpose intended by the grantors or donors.
Know All Persons by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive 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. This subdivision has been made with our fee consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ day of ____________
[Signature blocks and Notary Certificate to follow.]
(3) 
Acknowledgements or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100.
(4) 
Surveyor's Certificate.
I hereby certify that the plat of _______________is based upon a complete and actual survey and subdivision of Section_, Township_, Range_, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations.
Certificate:
Expiration:
Date:
(5) 
City Engineer's Approval.
I hereby certify that this final/short plat/unit lot subdivision, is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/unit lot subdivision as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other structures. Examined and approved by me this __ day of __, 20__.
__________________________________
City Engineer.
(6) 
Community Development Director's Approval.
I hereby certify that this final/short plat/unit lot subdivision is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/unit lot subdivision, as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other structures. Examined and approved by me this __ day of __, 20__.
__________________________________
Community Development Director.
(7) 
City Council Approval.
Approved by the City Council of the City of ____, this __ day of________.
__________________________________
Mayor
ATTEST:
__________________________________
City Clerk
(8) 
City Finance Director Approval.
I hereby certify 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.
Executed this __ day of _____, 20_.
__________________________________
Finance Director
(9) 
County Treasurer Approval.
This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year __.
Executed this __ day of _____, 20_.
County Treasurer
__________________________________
(10) 
County Auditor.
Filed at the request of ___________________, this day of ______________________, 20__, and recorded in Volume _____ of Plats, page(s) _____, Records of _____________ County, Washington.
__________________________________
County Auditor
(Ord. 056-19 § 20; Ord. 017-23 § 1 (Exh. A); Ord. 008-25 § 10 (Exh. I))

§ 20.80.070 Consent to access.

All persons applying for approvals under this subtitle shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action.
(Formerly 20.80.060; Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.80.080 Limitation of liability.

It is the specific intent of this subtitle and procedures adopted under this subtitle to place the obligation of complying with the requirements of this subtitle upon the permittee, and no provision is intended to impose any duty upon the city, or any of its officers, employees, or agents. Nothing contained in this subtitle is intended to be or shall be construed to create or form the basis for liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this subtitle, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subtitle or any procedures adopted under this subtitle by the city, its officers, employees, or agents.
(Formerly 20.80.070; Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.80.090 Severability.

If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to other persons, property, structures, or circumstances shall not be affected. Whenever any condition or limitation is included in an order authorizing a planned development or any site plan approval, it shall be conclusively presumed that the authorizing officer or body consider such condition or limitation necessary to carry out the spirit and purpose of this subtitle or the requirement of some provision hereof, and to protect the public health, safety, and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.
(Formerly 20.80.080; Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 056-19 § 20; Ord. 008-25 § 10 (Exh. I))

§ 20.82.010 Interpretation – Conflict.

(1) 
In their interpretation and application, the provisions of this subtitle shall be considered the minimum requirements required. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety, and welfare.
(2) 
Except as provided for otherwise in this subtitle, the community development director or designee shall have the authority for interpreting the meaning, words, phrases, and sentences set forth in this subtitle and the determination of how specific situations are regulated by this subtitle.
(3) 
Whenever, in the course of administration and enforcement of this subtitle, it is necessary or desirable to make any administrative decision, unless other standards are provided for, the decision shall be made so that the result will not be contrary to the spirit and purpose of this subtitle or injurious to the surrounding neighborhood. When this subtitle imposes a greater restriction or higher standard on the development and uses of land or improvements thereon than is required by other codes, rules, or private covenants or agreements, the provisions of this subtitle shall prevail and shall be followed. Regardless of any other provision of this subtitle, no land shall be divided in violation of any local, state, or federal law or regulation.
(4) 
Appeals of an administrative interpretation of this subtitle shall be processed in accordance with the provisions of Subtitle II (Permitting and Development Approval) of this title.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 11 (Exh. J))

§ 20.82.020 Review and approval procedures.

(1) 
The procedures for approval of short and long plats, binding site plans, unit lot subdivisions, and all subdivisions not exempt from this subtitle, as well as the vesting of rights related to those types of approvals, are set forth in this subtitle. 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.
(2) 
In addition to compliance with this subtitle, all subdivisions, short subdivisions, unit lot subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations, and vacations shall adhere to all applicable adopted city standards and regulations, including, but not limited to, the comprehensive plan, the shoreline master program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the city's street and utility standards, the city's zoning and building codes, the city's concurrency ordinance, public works and street standards, stormwater drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the city clerk.
(3) 
For purposes of compliance with RCW Title 58 or its successors, the city of Port Orchard subdivision regulations shall consist of this subtitle, as well as applicable substantive standards in Subtitle X (Building and Construction Standards), Subtitle VIII (Environmental Regulations), and Subtitle III (Zoning Regulations) of this title, applicable procedures set forth in Subtitle II (Permitting and Development Approval) of this title, and any related local regulations or ordinances adopted in accordance with state law.
(4) 
For purposes of compliance with the city's design regulations and development standards, applications shall be reviewed for compliance with POMC Title 12 (Streets and Sidewalks) and Subtitle X (Building and Construction Standards) of this title.
(5) 
The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 11 (Exh. J))

§ 20.82.030 Vesting.

A complete application for a short plat, unit lot subdivision, preliminary plat or binding site plan shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully completed application for the preliminary plat approval of the subdivision, preliminary plat approval of the short subdivision, preliminary approval of a unit lot subdivision, or a preliminary binding site plan has been submitted to the department of community development. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW (the State Environmental Policy Act).
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 11 (Exh. J))

§ 20.82.040 Violations, enforcement, and penalties.

(1) 
General. It is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer to sell or transfer, real property in violation of this subtitle. It is a violation of this subtitle to do any other thing with respect to a lot, tract, parcel, or property in the city that violates this subtitle or violates a plat or short plat restriction imposed by the city.
(2) 
Enforcement. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this subtitle or of any notice or lawful order issued hereunder. Except as otherwise provided in this section, any violation of this subtitle shall be subject to the enforcement and penalty provisions of Chapter 20.02 POMC, Administration and Enforcement.
(3) 
Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat, unit lot subdivision, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this subtitle, shall be guilty of a gross misdemeanor. Each violation involving a separate lot, tract, or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is not a violation of this subtitle if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded.
(4) 
Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this subtitle or any term or condition of plat approval prescribed for the plat, the city may commence an action to restrain and enjoin such use and compel compliance with the provision, terms, or conditions. The costs of such action may be taxed against the violator.
(5) 
Any person who violates any court order or injunction issued pursuant to this subtitle is guilty of a misdemeanor.
(6) 
No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this subtitle unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this subtitle and each purchaser or transferee may recover their damages from any person, firm, corporation, or agent selling or transferring land in violation of this subtitle, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this subtitle as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming their property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit, and reasonable attorneys' fees occasioned thereby.
(7) 
The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this subtitle and has the authority to administer and enforce this subtitle and any such rules and regulations.
(Ord. 019-17 § 18 (Exh. 1); Ord. 024-19 § 1 (Exh. 1); Ord. 017-23 § 1 (Exh. A); Ord. 008-25 § 11 (Exh. J))

§ 20.82.050 Appeals.

Appeals of decisions made pursuant to this subtitle shall be as set forth in the applicable chapter and pursuant to Subtitle II (Permitting and Development Approval) of this title.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 11 (Exh. J))

§ 20.84.010 Purpose – Scope.

The purpose of this chapter is to provide procedures and criteria for the review and approval of adjustments to boundary lines of legal lots or tracts in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes. A boundary line adjustment shall not be used to subdivide land, i.e., it shall not create any new or additional lot, tract or parcel.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.84.020 Decision type.

A boundary line adjustment is a Type I application and shall be processed in accordance with the procedures for such applications as set forth in Chapter 20.22 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.84.030 Application requirements.

The following materials shall be submitted to the city, pursuant to any additional application rules, policies, or procedures issued by the department in order to constitute a complete application for a boundary line adjustment:
(1) 
Completed master land use application form and payment of associated fees pursuant to Chapter 20.24 POMC;
(2) 
A vicinity map that clearly marks the site in relation to the nearest major streets, roads, and waterways in the area;
(3) 
A separate map that depicts the proposed property configuration, including all lot line dimensions and existing roads, structures and easements, with lines marking the original boundaries of the site;
(4) 
A separate map that depicts the proposed property configuration, including all lot line dimensions, names and locations of existing or proposed roads and easements within or adjacent to the tract, the location(s) of existing structures within the tract, and the location(s) of all utilities;
(5) 
A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor; and
(6) 
A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property.
(7) 
A title report prepared not more than 60 calendar days prior to application submittal, prepared by a title company licensed in the state of Washington.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 15)

§ 20.84.040 Review procedures and limitations.

(1) 
Optional Preapplication Conference Meeting. Prior to submitting a boundary line adjustment application, an applicant may request an optional preapplication conference meeting, pursuant to Chapter 20.24 POMC. At that time the department will perform a conceptual review based upon the information brought in by the applicant.
(2) 
Applications for the adjustment of boundary lines between adjacent lots shall be reviewed pursuant to the following criteria and limitations:
(a) 
Examination for consistency with:
(i) 
This title; and
(ii) 
Applicable county public health regulations; and
(b) 
Any adjustment of boundary lines must be approved by the department prior to the transfer of property ownership between adjacent legal lots;
(c) 
Any adjustment of boundary lines may require modification or sharing of access, to be approved by the city engineer, in which case additional permits may be required.
(d) 
A boundary line adjustment proposal shall not:
(i) 
Result in the creation of an additional lot;
(ii) 
Result in a lot that does not qualify as a building site pursuant to this title;
(iii) 
Reduce conforming lot dimensions such as area or width to nonconforming dimensions;
(iv) 
Reduce the overall area in a plat or short plat devoted to open space;
(v) 
Result in a lot that previously met sewer/water district standards for sewer/water service no longer meeting district standards;
(vi) 
Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat;
(vii) 
Involve lots that do not have a common boundary;
(viii) 
Circumvent the subdivision or short subdivision procedures set forth in this subtitle;
(ix) 
Create an unbuildable lot; or
(x) 
Increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction.
(3) 
The elimination of lines between two or more lots for the purpose of creating a single lot that meets requirements as a building site in all cases shall be considered a minor adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this subtitle.
(4) 
Recognized lots in an approved site plan for a conditional use permit, special use permit, or binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development without additional conditional use permit, special use permit, or binding site plan review and approval.
(5) 
Lots that have been subject to a boundary line adjustment process that resulted in the qualification of an additional building site shall not be permitted to utilize the boundary line adjustment process again for five years to create an additional building site.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.84.050 Final approval and recording.

(1) 
Prior to final approval, documentation authorizing the transfer of property ownership shall be placed on the original boundary line map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment.
(2) 
A title insurance certificate updated not more than 30 days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the department with boundary line adjustment final review documents. All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public.
(3) 
The final record of survey document must be prepared by a land surveyor in accordance with Chapter 58.09 RCW. The document must include all of the elements set forth in RCW 58.09.060(1) and contain a land surveyor's certificate as set forth in RCW 58.09.080, as well as approval blocks for the public works and department of community development directors, finance director, and county auditor as set forth in POMC § 20.80.060.
(4) 
After approval, the applicant shall deposit a recording fee for the boundary line adjustment with the city, and the city shall cause it to be recorded with the county auditor.
(Ord. 019-17 § 18 (Exh. 1); Ord. 056-19 § 21)

§ 20.86.010 Purpose – Scope.

The purpose of the provisions in this chapter is to regulate the subdivision of land into nine or fewer lots.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.020 Decision type.

A preliminary short plat is a Type II decision and a final short plat is a Type I decision. Short plats shall be processed in accordance with the procedures for such decision types as set forth in Chapter 20.22 POMC.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 16; Ord. 028-19 § 3 (Exh. 1))[1]
[1]
Code reviser's note: Ord. 028-19 inadvertently omitted amendments to this section from Ord. 010-18. The amendments from Ord. 010-18 have been retained at the direction of the city.

§ 20.86.030 Preapplication conference.

(1) 
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, a developer may request a pre-application conference, pursuant to Chapter 20.22 POMC, to discuss land use, site design, required improvements, and conformance with this chapter and additional applicable provisions of this title.
(2) 
The preapplication conference is advisory only and neither the applicant nor city staff shall be bound by any determinations made therein.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.040 Concurrent review.

Short subdivision applications may be processed concurrently with other required applications for planning approval. Multiple applications will be processed according to the requirements of this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.050 Burden of proof.

The burden of providing all information necessary to satisfy the requirements of this chapter shall be upon the applicant requesting the short subdivision. The decision of the director as to the sufficiency of information provided by an applicant shall be considered a final decision for the purposes of this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.060 Application submittal requirements.

(1) 
At a minimum, a short subdivision application shall include the documents set forth below and any other document or information deemed necessary by the director, upon notice to the applicant. All documents shall be in the form specified by the director and shall contain such information as deemed necessary by the director.
(2) 
The following materials shall be submitted to the city for a complete application for a short subdivision:
(a) 
Completed master permit form and payment of associated fees pursuant to Chapter 20.24 POMC;
(b) 
All materials required pursuant to the director, as well as an electronic version of the materials to be submitted to the city via an approved method for electronic submission of files.
(3) 
The submittal requirements are not intended to determine if an application conforms to city of Port Orchard codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted.
(4) 
The director may waive any sections of the submittal requirements of this section if certain requirements, plans or reports are determined by the director to be not reasonably necessary for review and approval of a given short subdivision application.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.070 Additional notice.

Upon receipt of a complete short subdivision application, the department shall provide the following additional notice as applicable:
(1) 
If the proposed short subdivision is located adjacent to the right-of-way of a state highway, the director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Transportation; and
(2) 
If the proposed short subdivision is located in whole or in part in a flood control zone as provided in Chapter 86.16 RCW, the director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 17; Ord. 028-19 § 3 (Exh. 1))[1]
[1]
Code reviser's note: Ord. 028-19 inadvertently omitted amendments to this section from Ord. 010-18. The amendments from Ord. 010-18 have been retained at the direction of the city.

§ 20.86.080 Review criteria.

The applicant for a short subdivision must demonstrate that the application complies with all of the following:
(1) 
All applicable state statutory provisions, including, but not limited to, RCW 58.17.195;
(2) 
All applicable provisions of Chapter 20.80 POMC, General Provisions – Subdivision Code;
(3) 
No environmental checklist shall be required prior to approval of a short subdivision application unless:
(a) 
The short subdivision falls within the provision of Chapter 20.162 POMC, Critical Areas Regulations;
(b) 
The short subdivision falls within the provision of Chapter 20.164 POMC, Shoreline Master Program; or
(c) 
The short subdivision contains more than four lots; and
(4) 
A short subdivision must not increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.090 Findings.

A proposed short subdivision application shall not be approved unless the director makes written findings and conclusions that:
(1) 
All of the requirements in POMC § 20.86.080, Review criteria, are satisfied;
(2) 
Pursuant to RCW 58.17.110:
(a) 
Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, 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
(b) 
The public use and interest will be served by the platting of the short subdivision and dedication.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 18; Ord. 028-19 § 3 (Exh. 1))

§ 20.86.100 Time limitation for final decision.

A short subdivision application shall be approved, approved with conditions, or denied within the time established in POMC § 20.24.110(3)(b) after determination that a complete application has been submitted pursuant to POMC § 20.24.060, unless the applicant consents in writing to an extension of such time period or if the preparation of an EIS is required.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1); Ord. 019-24 § 14)

§ 20.86.110 Construction of improvements.

After approval of a short plat, the subdivider shall have five years to construct all required public facilities. In lieu of construction within this time period, the subdivider may submit a bond, pursuant to Chapter 20.98 POMC. City council acceptance may be required for any dedications of land or improvements to the city.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.120 Restriction on further division.

The mylar submitted to the city as provided in POMC § 20.86.130 shall include a statement on the face of the short plat, pursuant to RCW 58.17.160, that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat; except that when the short plat contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period in order to create up to a total of nine lots within the original short plat boundaries.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.130 Submission of final short plat for signature.

Prior to the expiration of the five-year period for constructing improvements provided for in POMC § 20.86.110, and as long as all public facilities required by the short subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the approved short plat to the director. The mylar and final short plat materials shall include all of the elements described in POMC § 20.86.060. Within 30 days of submission of these materials, the director shall confirm that all improvements are complete, that the conditions have been performed, and that the mylar conforms to the requirements of this chapter. If the director finds that all such requirements have been satisfied (or that the applicant has posted a bond pursuant to this chapter), the director shall follow the procedure set forth in POMC § 20.90.060 for recording of the short plat.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.86.140 Building permits will not issue until improvements are constructed or appropriate security is posted.

If a short subdivision is approved subject to the construction of public facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the short plat until actual construction of the public facilities (and, in the case of public facilities that will be dedicated to the city, until after inspection and acceptance of the same by the city), or full performance of the conditions. This prohibition on the issuance of building permits under this section shall not apply if the city has allowed the subdivider to post a bond or provide other security to the city in lieu of construction of the public facilities.
(Ord. 019-17 § 18 (Exh. 1); Ord. 028-19 § 3 (Exh. 1))

§ 20.87.010 Purpose.

The purpose of this chapter is to allow the subdivision of land for detached houses and middle housing buildings on lots where subdivision is not otherwise possible due to conflicts between characteristics of the development type and applicable dimensional standards in Chapters 20.34 and 20.35 POMC. In such cases, the unit lot subdivision process provides opportunities for fee simple ownership of land as an alternative to condominium ownership. Unit lot subdivision applies the dimensional standards in Chapters 20.34 and 20.35 POMC to the overall site, the "parent lot," while allowing flexibility in the dimensional standards for the subordinate "unit lots." This section is not intended to permit uses, unit counts, and/or densities that are not otherwise allowed in the land use designations in which a unit lot subdivision is proposed nor is it intended to accept public infrastructure or to allow circumvention of the preliminary plat process. The zoning and subdivision regulations apply to unit lot subdivisions except for the departures specifically allowed in this chapter.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.020 Applicability.

(1) 
The provisions of this chapter apply exclusively to the unit subdivision of land for residential development including detached houses and middle housing buildings in all zones in which these building types are permitted, or any combination of the above types of residential development as permitted in the applicable zones.
(2) 
Individual unit lots may contain stacked units. Stacked units are not eligible for unit lot subdivision within the structure.
(3) 
The development shall meet development standards applicable at the time the permit application is vested in accordance with Chapter 20.08 POMC. As a result of the unit lot subdivision, development on individual unit lots may be of a nonconforming size or may have modified setbacks internally to the lot based on analysis of the individual unit lot, except that any private usable open space or private amenity area for each dwelling unit shall be provided on the same unit lot as the dwelling unit it serves.
(4) 
This chapter may only be utilized for the division of lots which either meet the minimum lot size for the underlying zone or are legal lots of record which have an area of at least 1,000 square feet that existed prior to July 1, 2025.
(5) 
For previously developed lots, unit lot subdivision may be used to provide fee simple ownership; provided, that any buildings or structures are legally occupied, and provided the unit lot subdivision does not increase nonconformity to any city ordinance, or state or federal law. Inconsistency of existing development with the provisions of this section shall not constitute justification for a variance under Chapter 20.28 POMC.
(6) 
Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot or the unit lots.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.030 Preapplication conference.

(1) 
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, developers are encouraged, but not required, to request a preapplication conference, pursuant to Chapter 20.22 POMC, to discuss land use, site design, required improvements, and conformance with this chapter and additional applicable provisions of this title.
(2) 
The preapplication conference is advisory only and neither the applicant nor city staff shall be bound by any determinations made therein.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.040 Decision type.

(1) 
A preliminary unit lot subdivision, for nine or fewer unit lots, is a Type II decision and a final unit lot subdivision is a Type I decision.
(2) 
A preliminary unit lot subdivision, for 10 or more unit lots, is a Type III decision and a final unit lot subdivision is a Type I decision where no dedication of public infrastructure occurs; otherwise a final unit lot subdivision is a Type IV decision.
(3) 
Unit lot subdivisions shall be processed in accordance with the procedures for such decision types as set forth in Chapter 20.22 POMC. If a unit lot subdivision application is filed with another type of subdivision, then these applications shall be consolidated and the highest process type will apply to the consolidated applications; provided, however, if approved, the preliminary plat shall be recorded prior to the recordation of a unit lot subdivision.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.050 Application submittal requirements.

(1) 
Unit lot subdivisions for nine unit lots or fewer shall include all documents and information as set forth in POMC § 20.86.060. In addition, the applicant shall provide all information necessary to satisfy the requirements of this chapter and demonstrate that the proposal meets all requirements for zoning and site development.
(2) 
Unit lot subdivisions for 10 unit lots or more shall include all documents and information as set forth in POMC § 20.88.040. In addition, the applicant shall provide all information necessary to satisfy the requirements of this chapter and demonstrate that the proposal meets all requirements for zoning and site development.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.060 Minimum requirements of parent lot for unit subdivision.

(1) 
The overall development on the parent lot proposed for unit lot subdivision shall maintain consistency with the development standards applicable to the zoning district and the building type at the time the application is vested.
(2) 
The minimum parent lot size for a unit lot subdivision shall be the minimum lot size set forth in Chapter 20.34 or 20.35 POMC, and be at least 1,000 square feet for a legal lot of record; provided, however, that each may be divided into no more than the number of lots equal to the maximum number of dwelling units allowed on that lot under Chapter 20.34 or 20.35 POMC.
(3) 
Setbacks from the perimeter property lines of the parent lot shall conform to the setbacks for the underlying zoning district where the development is proposed.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.070 Deviation from dimensional standards.

(1) 
Development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area, minimum width, maximum lot coverage or other dimensional requirements; provided, however, that any building located upon a unit lot shall comply with the maximum building height requirements of the underlying zoning designation. In addition, the lot coverage maximum for the underlying zone shall apply collectively to all properties within the unit lot subdivision and the parent lot.
(2) 
Subsequent additions or modification to the structure(s) shall not create any nonconformity of the parent lot.
(3) 
Structures on unit lots and structures divided by unit lots that conform to a recorded unit lot subdivision will not be considered nonconforming under Chapter 20.54 POMC.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.080 Subdivision of middle housing units on a single lot.

(1) 
Each building shall be subject to the design standards referred to in Chapter 20.32 POMC except where they conflict with the provisions of this section.
(2) 
Subdivision of zero-lot-line developments shall provide a five-foot-wide building maintenance easement on adjacent unit lots for external walls, eaves, chimneys, and other architectural features that rest directly on or within five feet of a lot line.
(3) 
Each unit lot shall be entirely outside of a critical area buffer, and building setbacks shall be required from any critical area buffer consistent with Chapter 20.162 POMC.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.090 Approval criteria.

(1) 
In addition to any other standards and approval criteria applicable to a unit lot subdivision proposal, including but not limited to criteria in Chapters 20.32, 20.34, 20.35 POMC, POMC § 20.86.080, § 20.88.040 and this chapter, proposals shall be subject to the following:
(a) 
Each unit lot shall have access and service as required by utility and emergency service providers.
(b) 
Each unit lot shall have perpetual access to any shared amenity space required per the applicable development standards for the underlying zoning district for the development type.
(c) 
Each unit lot shall have pedestrian access to an adjacent right-of-way, with a minimum five-foot-wide access easement.
(d) 
A separate tract for common areas, access, and utilities may be required in lieu of multiple easements.
(e) 
Off-street parking shall be calculated and designed for each unit lot in compliance with Chapter 20.124 POMC within the parent lot. Required parking for a dwelling unit may be provided on a different unit lot, within the parent lot, than the lot with the dwelling unit, provided the right to use that parking is formalized by an easement on the face of the final plat, as recorded with the Kitsap County auditor.
(f) 
Existing Structures. Existing legal nonconforming structures proposed for inclusion in a unit lot subdivision and created prior to July 1, 2025, are not required to correct nonconformity, but the unit lot subdivision may not result in an increase in the degree of nonconformity. Approval of departure requests from the standards herein may be granted by the decision-making authority when an applicant adequately demonstrates that an existing legal nonconformity, as described above, creates an inability to satisfy all approval criteria of this section.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.100 Effect of preliminary unit lot subdivision approval – Expiration.

(1) 
Approval of the preliminary unit lot subdivision by the city shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary unit lot subdivision, the adopted public works engineering standards and specifications and any special conditions imposed on the approval.
(2) 
Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the city, pursuant to Chapter 20.140 POMC.
(3) 
Preliminary unit lot subdivision approval shall expire if a final unit lot subdivision application has not been submitted pursuant to the deadlines established in POMC § 20.86.130.
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.110 Final unit lot subdivision approval criteria.

(1) 
All unit lot subdivisions shall comply with conditions imposed as part of the preliminary unit lot subdivision decision.
(2) 
The final unit lot subdivision (plat) map shall contain all required elements for final plat in Chapter 20.90 POMC. In addition, the plat shall include the following:
(a) 
The areas and locations of all public and private streets and ways, parcel and lot lines, utilities, public and private street improvements, open spaces, and other items specified by POMC § 20.90.030.
(b) 
The site development, driveways, parking layout, landscaping, lighting, signs, building perimeters and elevations.
(c) 
The use and type of proposed buildings.
(d) 
Maintenance easements shall be shown on the face of the plat.
(e) 
All access and utility easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association or other legally binding perpetual shared use and maintenance agreements shall be executed for use and maintenance of common facilities and/or appurtenances, and shall be recorded with the Kitsap County auditor on the face of the final plat.
(f) 
A homeowners' association or other form of legally binding perpetual shared use and maintenance agreement, which complies with the requirements of the utilities serving the property, shall be required when utilizing shared facilities.
(g) 
Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.
(h) 
A note on the face of the final unit lot subdivision which provides all conditions of approval of the preliminary unit lot subdivision decision.
(i) 
A note on the face of the final unit lot subdivision which states:
A unit lot is not a separate buildable lot and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot. Additional development of the individual unit lots, including but not limited to reconstruction, remodel, maintenance, and addition, shall comply with conditions of approval of the unit lot subdivision and may be limited as a result of the application of development standards to the parent lot or other applicable regulations.
(j) 
A note on the face of the final unit lot subdivision which states: "Unit lots may not be further subdivided."
(Ord. 008-25 § 19 (Exh. R))

§ 20.87.120 Modifications to an approved unit lot subdivision.

An application for a modification to an approved preliminary unit lot subdivision may be submitted before a final unit lot subdivision application is submitted, as follows:
(1) 
Minor Modifications to an Approved Preliminary Unit Lot Subdivision. The director is authorized to make the determination on a minor modification to an approved unit lot subdivision.
(a) 
Defined. Minor modifications to an approved preliminary unit lot subdivision are those which do not change:
(i) 
The outer boundaries of the parent lot (other than for survey discrepancies);
(ii) 
The dimensions of lot lines within the unit lot subdivision by more than two percent;
(iii) 
The conditions of preliminary unit lot subdivision approval;
(iv) 
Road alignments or connections and/or do not increase the number of unit lots.
(b) 
Application. A complete application for a preliminary unit lot subdivision modification shall consist of the following:
(i) 
Application form and filing fee;
(ii) 
Site plan showing the proposed modification, using the same plan format as in the original approval;
(iii) 
Explanation in narrative form of the requested modification.
(c) 
Processing. An application for a minor modification to an approved preliminary unit lot subdivision is a Type I decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(d) 
Criteria for Approval. The director shall approve or approve with conditions a proposed preliminary unit lot subdivision modification application, as long as the applicant demonstrates that all of the following criteria are satisfied:
(i) 
The proposed modification meets the criteria in POMC § 20.87.090;
(ii) 
The modification will not be inconsistent with, or cause the unit lot subdivision to be inconsistent with, the findings, conclusions or decision made by the city in its approval of the preliminary unit lot subdivision; and
(iii) 
Approval of the modification will not affect the ability of the collective lots in the property included in the preliminary unit lot subdivision to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking;
(iv) 
Time Limitation for Final Decision. A minor preliminary unit lot subdivision modification shall be approved, approved with conditions or denied consistent with the requirements of POMC § 20.22.030.
(e) 
Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a minor preliminary unit lot subdivision modification shall not extend the deadline set forth in POMC § 20.87.100 for submission of a final unit lot subdivision application to the city.
(2) 
Major Modifications to an Approved Unit Lot Subdivision. Major modifications to an approved preliminary unit lot subdivision are defined and processed as follows:
(a) 
Defined. A major preliminary unit lot subdivision modification is any application for a modification of a preliminary unit lot subdivision that does not meet the definition of a minor preliminary unit lot subdivision modification.
(b) 
Application. An application for a major preliminary unit lot subdivision modification shall include all of the elements of a complete preliminary unit lot subdivision application.
(c) 
Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary unit lot subdivision modification shall be the same as those for a preliminary unit lot subdivision application.
(d) 
Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a major preliminary unit lot subdivision revision shall not extend the deadline set forth in POMC § 20.87.100 for submission of a final unit lot subdivision application to the city.
(Ord. 008-25 § 19 (Exh. R))

§ 20.88.010 Purpose – Applicability.

(1) 
The purpose of this chapter is to adopt the process and procedures for the review and approval of subdivisions in a manner consistent with Chapter 58.17 RCW.
(2) 
The provisions of this chapter describe the procedure that the city shall use to review and approve, conditionally approve, or deny proposed subdivisions.
(3) 
This chapter contains the substantive requirements that apply to subdivisions. For properties within jurisdiction of the Shoreline Management Act, also see Chapter 20.164 POMC for applicable requirements.
(4) 
Alterations and vacations of subdivisions shall follow the procedural requirements outlined in Chapter 20.96 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.88.020 Preliminary plat – Application required.

(1) 
Decision Type – Review Procedure. A preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(2) 
Form. Applications for a preliminary plat shall be filed with the department on and pursuant to forms provided by the department. The department is authorized to maintain by administrative rule a list of the application requirements, which at a minimum shall incorporate the requirements included in this chapter.
(3) 
Environmental Checklist. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Chapter 20.160 POMC, State Environmental Policy Act (SEPA). The information required is a part of and must accompany a preliminary plat application.
(4) 
Accuracy of Information. Applications found to contain and be based on material errors may be deemed withdrawn and subsequent resubmittals shall be treated as a new application and shall require a new application fee.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.88.030 Preliminary plat – Submittal requirements.

The following, at a minimum, shall be submitted in the form and manner required by the department; provided, that the director may waive any requirements determined to be not reasonably necessary to review a preliminary plat application:
(1) 
Name, address, and telephone number of the subdivider and of the owner(s) of the property to be subdivided;
(2) 
A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property;
(3) 
Legal description of the property to be subdivided, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot;
(4) 
A map using a scale of 100 feet to one inch or larger containing the following information:
(a) 
The proposed name of the subdivision, if applicable, which shall not be the same as the name of any other subdivision or development in the city;
(b) 
Scale, north arrow, and date;
(c) 
Boundary lines including distance and bearing. The map shall be referenced to the state plane coordinate system;
(d) 
Location of monuments or evidence used as ties to establish the boundaries;
(e) 
Zoning on and adjacent to the property;
(f) 
Proposed lot lines, dimensions, lot numbers, and block numbers;
(g) 
A notation which shows the dimensioned setback of all existing structures, including those on adjoining properties, relative to existing property lines and to proposed lot lines, if such structures are proposed to remain and are within 30 feet of existing or any proposed lot lines;
(h) 
Exact location and dimension of all rights-of-way, tracts, easements, driveways, parks, or other public spaces, structures, lots, blocks, etc., within or adjoining the subject property, shown in reference to and in scale with the proposed subdivision and with applicable city or county file numbers;
(i) 
Existing and proposed water, sewer, power, communication, and stormwater drainage systems on, under, or over the property showing size, grades, points of connection, and location;
(j) 
The lot lines and owners of adjacent properties for a distance of not less than 100 feet from the external boundaries of the subject property;
(k) 
Existing topography of the subdivision indicated by contours at two-foot intervals. If the proposed subdivision has slopes that exceed 15 percent, five-foot contour intervals may be used in those areas;
(l) 
Typical cross-sections of the proposed grading; roads showing proposed sidewalks;
(m) 
A statement of soil type, drainage conditions, and present landscaping including a description of any natural or manmade land cover; wildlife present; the location of significant trees and proposed significant trees to be retained; all environmentally sensitive areas, their buffers, and minimum building setbacks; information required in accordance with Subtitle VIII of this title, Environmental Regulations; and any other environmental factors which may be prescribed by the community development department;
(n) 
Tracts of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision, including the dimensions and square footage of such tracts; and
(o) 
If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dashed lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines;
(5) 
All information required under the State Environmental Policy Act (Chapter 43.21C RCW, as presently constituted or as may be subsequently amended), the SEPA administrative guidelines (Chapter 197-11 WAC, as presently constituted or as may be subsequently amended), and local ordinances adopted to implement such Act and guidelines;
(6) 
A current title company certificate for the subject property that has been issued no more than 30 calendar days prior to submitting the preliminary plat application to the city. The certificate shall include the name of all persons holding any ownership interest in the property;
(7) 
Title and certificates, including legal description according to official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or licensed land surveyor, date of survey;
(8) 
Any additional information required by the director, including, but not limited to, dedications or conditions of development required by this title;
(9) 
A certification by the land surveyor stating that all requirements of this title have been complied with;
(10) 
Draft of proposed covenants if any;
(11) 
Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of this chapter and all other applicable city codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in POMC § 20.88.080. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established pursuant to POMC § 20.88.090, the applicant must enter into a development agreement with the city prior to the deadline pursuant to Chapter 20.26 POMC to govern such phased final plat approval. Phasing shall be shown on the face of the preliminary plat.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.88.040 Preliminary plat – Criteria for approval.

An applicant for a preliminary subdivision must demonstrate, and a preliminary subdivision shall not be approved by the city unless the city makes written findings and conclusions, that the application complies with all of the following criteria:
(1) 
All applicable statutory provisions, including, but not limited to, RCW 58.17.195;
(2) 
The city's zoning code, and all other applicable laws of the appropriate jurisdictions, including, but not limited to, the health department;
(3) 
The city's comprehensive plan and all related elements, including, but not limited to, the comprehensive plan's capital facilities, water, sewer, and transportation elements;
(4) 
The city's shoreline master program, and any other city-adopted plans;
(5) 
There are adequate and available water, storm drainage, erosion control and sanitary sewage disposal to support and service the area of the proposed preliminary subdivision and that are consistent with current standards and plans as adopted in city code or ordinance;
(6) 
All buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the city's comprehensive water system plan and POMC Title 13, Public Utilities;
(7) 
All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment, consistent with the city's comprehensive sewer plan and POMC Title 13, Public Utilities;
(8) 
Stormwater drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with Chapter 20.150 POMC, Stormwater Drainage;
(9) 
If the preliminary subdivision is in a flood control zone as defined in Chapter 86.16 RCW, the preliminary subdivision cannot be approved without the written approval of the State Department of Ecology;
(10) 
There are no flood, inundation, or swamp conditions that preclude approval under RCW 58.17.120;
(11) 
Proposed streets shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. All streets must be clearly shown on the face of the plat; public and private streets shall be designated;
(12) 
Provisions have been made for streets, utilities, street lighting, street trees, and other improvements that are consistent with the city's zoning code and all applicable design, engineering, and construction standards;
(13) 
Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements;
(14) 
Provisions have been made for dedications, easements, and reservations;
(15) 
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;
(16) 
The subdivision complies with the relevant requirements of the city's zoning code, all other relevant provisions of the POMC, and all other relevant policies and administrative rules of the city;
(17) 
Appropriate provisions for maintenance and monitoring of privately owned common facilities have been made;
(18) 
Appropriate provisions, in accordance with RCW 58.17.110, are made for:
(a) 
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
(b) 
The public use and interest will be served by the platting of such subdivision and dedication;
(19) 
The applicant agrees to install and dedicate all public facilities prior to the city's approval of the final plat, unless the applicant has provided the necessary security for the future construction of any public facilities not yet installed or dedicated at the time of final plat pursuant to Chapter 20.90 POMC;
(20) 
The subdivision must not increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.88.050 Preliminary plat – Dedications.

(1) 
Dedication of land to any public body, provision of public facilities to serve the subdivision, and/or impact fees pursuant to this title may be required as a condition of subdivision approval. Proposed dedications shall be clearly shown on the face of the preliminary plat.
(2) 
Pursuant to RCW 58.17.020, if the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city may adopt the designated name.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.88.060 Preliminary plat – Timeline for approval.

A preliminary plat application shall be approved, approved with conditions, or denied within the time established in POMC § 20.24.110(3)(c) after an application has been determined to be complete pursuant to POMC § 20.24.060, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the period for issuing the decision on the preliminary plat application shall not include the time spent preparing and circulating the environmental impact statement by the city or time during which the applicant has been asked to provide additional information to the city but has not yet responded.
(Ord. 019-17 § 18 (Exh. 1); Ord. 019-24 § 15)

§ 20.88.070 Preliminary plat – Effect of approval.

(1) 
Approval of the preliminary subdivision by the city shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the city, the city's design and construction standards, and any special conditions imposed on the approval.
(2) 
Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the city engineer, pursuant to Chapter 20.98 POMC.
(Ord. 019-17 § 18 (Exh. 1); Ord. 059-21 § 10)

§ 20.88.080 Preliminary plat – Modifications.

An application for a modification to an approved preliminary plat may be submitted before a final plat application is submitted, as follows:
(1) 
Major and Minor Modifications Defined.
(a) 
Minor Modifications. Minor modifications to an approved preliminary plat are those which do not change the exterior plat boundaries, the conditions of preliminary plat approval, and road alignments or connections; or do not increase the number of lots by more than five percent or five lots, whichever is less.
(b) 
Major Modifications. A major preliminary plat modification is any application for a modification of a preliminary plat that does not meet the definition of a minor preliminary plat modification herein.
(2) 
Decision Types – Review Procedure.
(a) 
Minor Modifications. A minor modification to an approved preliminary plat is a Type I land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(b) 
Major Modifications. A major modification to an approved preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(3) 
Application. A complete application for a preliminary plat modification shall consist of the following:
(a) 
Minor Modifications. A complete application for a preliminary plat minor modification shall consist of a site plan showing the proposed modification, using the same plan format as in the original approval; and explanation in narrative form of the requested minor modification.
(b) 
Major Modifications. An application for a major preliminary plat modification shall include all of the required elements of a complete preliminary plat application pursuant to POMC § 20.88.030.
(4) 
Criteria for Approval. An application for a plat modification, either minor or major, shall be approved, or approved with conditions, if the applicant demonstrates that all of the following criteria are satisfied:
(a) 
The modification meets all criteria in POMC § 20.88.040; and
(b) 
The modification will not be inconsistent with, or cause the subdivision to be inconsistent with, the findings, conclusions, or decision made by the city in its approval of the preliminary plat.
(5) 
Time Limitation for Decision. A preliminary subdivision modification application, either minor or major, shall be approved, approved with conditions, or denied within the time established in POMC § 20.24.110(3)(a) or (3)(c) after the application is determined to be complete pursuant to POMC § 20.24.060, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the period for issuing the decision on the preliminary subdivision modification application shall not include the time spent preparing and circulating the environmental impact statement by the city.
(6) 
Deadline for Submission of Final Plat Not Extended. Approval of a preliminary subdivision modification, either minor or major, shall not extend the deadline set forth in POMC § 20.88.090 for submission of a final plat application to the city; provided, that the decision-maker for an approved major preliminary plat modification may extend the deadline for submission of a final plat application if the decision-maker finds that the approved major modification is in the public interest.
(Ord. 019-17 § 18 (Exh. 1); Ord. 019-24 § 16)

§ 20.88.090 Final plat – Deadline for filing.

(1) 
General. The applicant shall submit to the department a final plat that meets the requirements of this chapter and the preliminary subdivision approval, together with required recording fees, within the time period as set forth in RCW 58.17.140 following the date of preliminary plat approval or the preliminary subdivision approval shall be deemed void and any development rights that have vested in the applicant shall be considered abandoned.
(2) 
Extension. The applicant may file a request to extend the preliminary subdivision approval for up to one year. The request must be delivered in writing to the department at least 30 days prior to expiration of the preliminary plat. The department shall forward the request to the city council within 30 days of receipt. The city council shall grant approval of the extension if it is shown that the applicant has attempted in good faith to submit the final plat within the five-year period. If the final plat has not been submitted to the city council within any extended period, the preliminary subdivision approval shall terminate in accordance with subsection (1) of this section.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.010 Decision type – Review procedure.

A final plat is a Type IV land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.020 Application.

(1) 
Items Required for All Final Plat Applications. A complete final plat application shall include all of the following items listed in this section. The number of required copies shall be as indicated on the final plat application form.
(a) 
The completed application form provided by the city, which shall include the name, address and telephone number of the subdivider, property owner, and the date of submission.
(b) 
A final plat map meeting the requirements of preliminary plat approval, Chapter 20.88 POMC, and Chapter 58.17 RCW, in the form required by and including the certifications and dedications described in POMC § 20.88.050. Every plat containing a dedication filed for record must be accompanied by a recent title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication. Street names and lot address numbers shall be shown on the plat. Hard copies shall be 18 inches by 24 inches or larger, scaled at not less than one inch equals 100 feet.
(c) 
A recordable survey and surveyor's signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250.
(d) 
If the public facilities and improvements required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a development agreement, pursuant to Chapter 20.26 POMC), the subdivider's engineer shall provide cost information for the construction and installation of all public facilities not installed at time of final plat application, including, but not limited to, the following:
(i) 
Water mains and appurtenances, including the costs of any other associated improvement by item, including water services;
(ii) 
Storm drainage facilities;
(iii) 
Sanitary sewer;
(iv) 
Pedestrian/bike connections;
(v) 
Landscaping, including street trees; and
(vi) 
Other on- or off-site improvements as required.
(e) 
As-built drawings.
(f) 
Final plat compliance matrix.
(g) 
Complete legal description of the property to be subdivided.
(h) 
A vicinity map, approximately 800 feet to the inch.
(i) 
Mathematical map check (lot closures).
(j) 
Electronic submittal of all documents included in the final plat application, in high-resolution PDF or DWG format as appropriate.
(2) 
Items That May Be Required for Final Plat Application. The items listed in this section shall be included with the final plat application if applicable, as determined by the director or the city engineer. The number of required copies shall be as indicated on the final plat application form.
(a) 
Bill of sale for any infrastructure donated to the city.
(b) 
Performance/maintenance bonds or other security with cost information by engineer.
(c) 
Recorded off-site easements or dedications.
(d) 
Water/sewer acceptance letter from West Sound Utility District.
(e) 
Subdivision covenants, codes and restrictions (CCRs).
(f) 
Stamped storm detention/retention system as-built verification.
(g) 
Recorded storm system covenant.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.030 Prescribed form.

The final plat shall be submitted to the city in the form and manner prescribed in this section.
(1) 
Form.
(a) 
The final plat containing all of the information specified in this chapter shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar film or better. The applicant shall also submit an electronic copy to the city of the approved final plat. All documents, maps, survey calculations, and notes shall contain the name of the subdivision, the name(s) of the applicant(s), and the name of the registered land surveyor responsible to the applicant(s); and
(b) 
The plat map shall be 18 inches by 24 inches or larger with a one-half-inch border on the top, bottom, and right-hand margins and a two-and one-half-inch border on the left-hand or binding margin.
(2) 
Specific Requirements. The final plat shall clearly show the following information:
(a) 
The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds, and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision;
(b) 
The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds, and easements adjacent to the subdivision, including municipal boundaries, township lines, and section lines;
(c) 
The lengths and bearings of all straight lines, curve radii, curve delta, arcs, and semitangents (where appropriate) of all curves;
(d) 
All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone;
(e) 
All easements and associated restrictions and maintenance provisions;
(f) 
Building setbacks;
(g) 
Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined;
(h) 
The area of all lots and tracts expressed in square feet;
(i) 
Suitable primary control points, approved by the city engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred;
(j) 
The location of all permanent monuments;
(k) 
The names of all subdivisions immediately adjacent thereto;
(l) 
The date, north arrow, scale, datum plane, and date of survey;
(m) 
The boundary of the tract with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state;
(n) 
A vicinity sketch map of approximately 800 feet to the inch;
(o) 
Street names;
(p) 
The stamp and signature of a surveyor licensed in the state of Washington;
(q) 
All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth;
(r) 
The scale of the plat will be 100 feet to the inch, or as approved by the director;
(s) 
If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity;
(t) 
Dedications statement; and
(u) 
Signature block.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.040 Criteria for approval.

A final plat application shall be approved if the subdivision proposed for approval:
(1) 
Meets all general requirements for plat approval as set forth in POMC § 20.88.040; and
(2) 
Substantially conforms to all terms of the preliminary plat approval; and
(3) 
Meets the requirements of Chapter 58.17 RCW, other applicable state laws, this chapter, and any other applicable city ordinances which were in effect at the time of preliminary plat approval.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.050 Time limitation for approval.

The final decision to approve or deny a final plat shall be made within 30 calendar days after the final plat application was determined complete, unless the applicant consents to an extension of such time period.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.060 Recording – Expiration.

(1) 
All final subdivisions shall be filed for record with the office of the Kitsap County auditor. The applicant shall furnish one copy of the recorded document to the department and one copy shall be filed with the office of the Kitsap County assessor.
(2) 
Approvals of final subdivisions shall automatically expire if the plans are not recorded within one year of the written approval date.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.90.070 Effect of approval.

(1) 
Any lots in a final plat or filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of 10 years from the date of filing if the final plat is within city limits, not subject to the requirements adopted under Chapter 90.58 RCW, and the date of filing is on or before December 31, 2007.
(2) 
A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of 10 years after final plat approval if the final plat is not subject to requirements adopted under Chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
(3) 
Except as provided by subsection (1) of this section, any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015.
(4) 
Except as provided by subsection (2) of this section, a subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.010 Purpose.

This chapter provides for an optional method for the division of land for the lease or sale of commercial or industrial property, condominiums, and mobile/manufactured home parks through the use of a binding site plan as provided for in Chapter 58.17 RCW. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking.
This method may be employed as an alternative to the subdivision and short subdivision procedures in this subtitle, only when consistent with the provisions of this chapter.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.020 Scope.

(1) 
This chapter shall govern a subdivision of land through the optional binding site process provided for in RCW 58.17.035, or its successor. If approved under this chapter, a division of land authorized by a binding site plan is exempt from the short and long subdivision regulations and processes.
(2) 
Any person seeking the use of a binding site plan to divide the person's property for the purpose of sale, lease, or transfer of ownership of commercially or industrially zoned property is required to apply for, complete, and have approved a binding site plan prior to any property division, as provided in Chapter 58.17, 64.32, or 64.34 RCW and as required by this chapter.
(3) 
The site that is subject to the binding site plan shall consist of one or more contiguous, legally-created lots.
(4) 
A binding site plan for a condominium shall be based on a building permit, an as-built site plan for developed sites, a master land use permit issued for the entire site, or an approved site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of Chapter 20.88 POMC.
(5) 
The site that is subject to the binding site plan may be reviewed independently for fully developed sites, or concurrently with a development permit application for undeveloped land.
(6) 
The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.030 Application requirements.

The following materials shall be submitted to the city, pursuant to any additional application rules, policies, or procedures issued by the department, in order to constitute a complete application for a binding site plan:
(1) 
The application shall be submitted on forms to be provided by the department along with the appropriate fees;
(2) 
A completed master land use permit application form, including all materials required pursuant to Chapter 20.24 POMC;
(3) 
Commercial, Mixed Use and Industrial Binding Site Plans. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan application for commercial, mixed use, or industrial proposals shall contain the same elements and information as a preliminary plat application, in accordance with Chapter 20.88 POMC;
(4) 
Binding Site Plan for Residential Condominiums. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform with the requirements of Chapter 64.34 RCW, "The Condominium Act." The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered land surveyor licensed in the state of Washington. In addition to requirements of Chapter 64.34 RCW, the binding site plan map must include the following:
(a) 
The name of the condominium project;
(b) 
Legal description of the entire parcel;
(c) 
The date, scale, and north arrow;
(d) 
Boundary lines, rights-of-way for streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements;
(e) 
Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;
(f) 
Number of each lot and each block or division;
(g) 
Location, dimensions and purpose of any easements, noting if the easements are private or public;
(h) 
Location and description of monuments, boundary corners set, and all lot corners set and found;
(i) 
Datum elevations and primary control points approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;
(j) 
Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy intended to be preserved; and the location of the proposed access to the site for clearing and grading during site development and construction;
(k) 
A dedicatory statement acknowledging public and private dedications and grants; and
(l) 
Other restrictions, conditions, and requirements as deemed necessary by the city, including all applicable requirements of the engineering design standards.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.040 Approval criteria.

(1) 
Binding site plans shall be approved upon showing compliance with the following:
(a) 
Applicable city, state, and federal zoning, land use, environmental, and health regulations, policies or plans, including but not limited to:
(i) 
Port Orchard comprehensive plan;
(ii) 
This title; and
(iii) 
City-adopted engineering design standards;
(b) 
The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for students who walk to and from school;
(c) 
The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Subtitle VIII of this title, Environmental Regulations, and Chapter 43.21C RCW;
(d) 
Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare;
(e) 
The binding site plan must not increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction.
(2) 
Notwithstanding conformance with the criteria provided in subsection (1) of this section, a proposed binding site plan may be denied because of flood, inundation, or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 20.170 POMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with Chapter 20.170 POMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.050 Review process – Preliminary approval.

(1) 
Process Type. General and final binding site plans are Type II applications; such applications shall be processed in accordance with procedures set forth for said decision type in Chapter 20.22 POMC.
(2) 
Additional Review. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, and the Washington State Department of Transportation if the proposal is adjacent to a state highway.
(3) 
Decision – Written Findings. Based upon comments from city departments and applicable agencies, and other information, the director shall review the proposal subject to the criteria of POMC § 20.94.040 and either approve, approve with conditions, or deny a binding site plan. A proposed binding site plan shall only be approved when consistent with all provisions of POMC § 20.94.040. The director shall make written findings and conclusions documenting compliance with all approval criteria of POMC § 20.94.040. The decision of the director shall be final.
(4) 
Preliminary Approval. A binding site plan shall be granted preliminary approval, only, until all improvements are installed, or the city has received adequate guarantees or assurances of future installation of improvements pursuant to the city's engineering design standards, prior to expiration of the preliminary plat pursuant to Chapter 20.88 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.060 Preliminary binding site plan expiration.

(1) 
A preliminary binding site plan shall remain valid if construction is commenced within five years from the date of preliminary approval (by securing a building permit and construction has commenced), or else the preliminary binding site plan shall become null and void, unless an extension has been granted by the city council pursuant to subsection (2) of this section. Projects may be built in phases if preapproved by the director.
(2) 
The city council by motion may, upon a written request being filed at least 30 calendar days prior to expiration and for good cause, grant a one-time extension of a preliminary binding site plan not to exceed one year.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.070 Final binding site plan approval – Recording – Legal effect.

Upon satisfying all conditions of approval, if any, and satisfying all requirements of the city's engineering design standards for the installation of all improvements, the director shall administratively approve the final binding site plan for recording with the Kitsap County assessor, pursuant to the requirements of this section.
(1) 
For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Kitsap County assessor of the condominium CC&Rs.
(2) 
The final binding site plan shall:
(a) 
Conform with all requirements of Chapter 20.90 POMC, Subdivisions – Final Plats, as applicable;
(b) 
Set forth limitations and conditions, including irrevocable dedications of property, and contain a provision that any development of the site shall be in conformity with the final binding site plan; and
(c) 
Contain any and all additional information as set forth in an official submittal checklist signed by the director.
(3) 
Prior to recording, the approved final binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor.
(4) 
Lots, parcels, or tracts created and recorded through the binding site plan procedure of this chapter shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the final binding site plan.
(5) 
No person shall sell, transfer, or lease any lot, tract, or parcel created pursuant to the final binding site plan that does not conform to the requirements of the final binding site plan.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.080 Alterations.

(1) 
Any alteration of an approved preliminary or final binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter.
(2) 
Changes to a building permit, subdivision, short subdivision, or other applicable land use permit within an approved preliminary or final binding site plan area shall also require an alteration of the binding site plan to correspond with said changes, unless the director determines that such changes are consistent with the approved binding site plan.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.090 Vacations.

(1) 
Vacation of a final binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules, and conditions as required for a new binding site plan application as set forth in this chapter. If a portion of a final binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan.
(2) 
If a building permit, or other applicable land use permit, within a final binding site plan area expires, then the final binding site plan shall be vacated unless the director determines that the expiration is consistent with the approved final binding site plan.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.94.100 Violation.

Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to an approved binding site plan that does not conform to the requirements of the binding site plan or without receiving binding site plan approval shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.96.010 Purpose.

The purpose of this chapter is to regulate and allow vacation or alteration of approved final subdivision plats (long subdivision plats) and approved final short plats (short subdivision plats). It does not allow modification or revision of preliminary plats or preliminary binding site plans. The procedure for vacation of final plats and final short plats does not apply to the vacation or alteration of any plat of state-granted tide or shore lands.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.020 Applicability.

This chapter shall apply to all requests to alter or vacate long subdivision plats or short subdivision plats. When an application under this chapter is submitted for the vacation of a plat together with roads/streets, the procedure for vacation in this chapter shall be used, except that vacations of streets subject to RCW 35.79.035 may not be made under this procedure.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.030 Decision type.

A long subdivision plat vacation or plat alteration is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC. A short subdivision plat vacation or plat alteration is a Type II land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.040 Application requirements – Plat alteration.

The following materials shall be submitted to the city for a complete application for the alteration of a final short subdivision or long subdivision:
(1) 
Date, name, address and telephone number of the applicant and/or property owner;
(2) 
The reason(s) for the proposed alteration;
(3) 
Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be altered;
(4) 
If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision;
(5) 
A copy of the proposed plat sought to be altered, together with all plat amendments recorded;
(6) 
Mailing labels for all owners of property within the plat boundaries; and
(7) 
A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.050 Application requirements – Plat vacation.

The following materials shall be submitted to the city for a complete subdivision vacation application:
(1) 
Date, name, address and telephone number of the applicant and/or property owner;
(2) 
The reason(s) for the proposed vacation;
(3) 
Signatures of all parties having an ownership interest in the subdivision or that portion of the subdivision proposed to be vacated;
(4) 
If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the subdivision or portion thereof;
(5) 
Acknowledgement that if any street is included in the application for a vacation, the applicant shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted;
(6) 
A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval;
(7) 
Mailing labels for all owners of property within the plat boundaries;
(8) 
A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application; and
(9) 
If the vacation is for a portion of the subdivision the applicant must demonstrate that the partial vacation will not violate the terms of subdivision approval or this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.060 Additional notice of public hearing.

In addition to the notice provided above, the city shall provide notice of an application for vacation or alteration to all owners of property within the subdivision (excluding the owners of property submitting the application), as provided for in Subtitle II of this title, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall establish the date of the public hearing.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.070 Criteria for approval.

(1) 
Vacation Criteria. The plat vacation may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation.
(2) 
Dedications and Easements. If any portion of the land contained in the subdivision was dedicated to the public for public use and benefit, such land, if not already deeded to the city, shall be deeded to the city as a condition of approval, unless the city shall make findings that the public use would not be served in retaining title to those lands. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.
(3) 
Street Vacations. When the vacation application is specifically for vacation of a city street, the city's street vacation procedures (and/or the procedures in Chapter 35.79 RCW) shall be utilized. When the procedure is for the vacation of a plat together with the streets, the vacation procedure in this chapter shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.035 or the city's street vacation ordinance.
(4) 
Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated is contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner(s) of property contained within the vacated subdivision.
(5) 
Alteration Criteria. The alteration may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the alteration. If any land within the alteration area is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.96.080 Time limitation for final decision.

A vacation or alteration application shall be approved, approved with conditions or denied within the time established in POMC § 20.24.110(3)(b) or (3)(c) after the application has been determined to be complete pursuant to POMC § 20.24.060, unless the applicant consents in writing to an extension of such time period.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3; Ord. 019-24 § 17)

§ 20.96.090 Recording.

After approval of the alteration or vacation, the city shall order the applicant to produce a revised drawing of the approved alteration or vacation of the short plat or final plat. The council shall authorize the mayor to sign the approved short plat or final plat, and then the city shall file it with the county auditor at the applicant's cost, to become the lawful plat of the property (or to vacate the previously approved plat).
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-18 § 3)

§ 20.98.010 Purpose.

The purpose of this chapter is:
(1) 
To require the subdivider's submission of construction plans for development of the subdivision to the city for review and approval of specific construction details for all public facilities;
(2) 
To ensure that the public facilities required as part of approvals granted under this subtitle are built according to city standards;
(3) 
To address bonds between the city and property owners/subdividers, allowing a limited deferral for the construction of public facilities associated with the approval; and
(4) 
To ensure that the required public facilities and public utilities are ready and available for use when needed by the users of the subdivision.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.98.020 Completion of public facilities and improvements.

No final short plat, final plat of a subdivision, unit lot subdivision or final binding site plan can be approved or recorded until all of the public facilities and other improvements as specified in the short plat, preliminary unit lot subdivision, preliminary plat, or preliminary binding site plan are constructed in a satisfactory manner and approved by the responsible departments. As an alternative to such construction, the applicant may post a bond, or execute a development agreement, with appropriate security in order to record the short plat or obtain approval of the final plat, final unit lot subdivision, or binding site plan.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.98.030 Bonds.

(1) 
Performance Bond May Be Posted in Lieu of Construction. The city, in its sole discretion, may waive the requirement that the public facilities or other improvements and dedications required under this chapter be completed/satisfied prior to the recording of the short plat or approval of the final plat, final unit lot subdivision, or final binding site plan, as long as the applicant posts a bond in accordance with this section. The city's decision to allow the applicant to post a bond allows the applicant to apply for building permits for lots in the plat, unit lot subdivision, or binding site plan before the dedications have been made or the improvements constructed.
(2) 
When Performance Bond Is Appropriate. The city may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to:
(a) 
The date of the applicant's request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat, final unit lot subdivision, or final binding site plan applications, and the applicant's progress to date toward the completion of the public facilities;
(b) 
The consequences that could result from the applicant's construction of the homes or other development contemplated by the proposed approval, before the necessary public facilities are completed/installed; and
(c) 
Any other issues that may affect the public health and safety.
(3) 
Acceptable Bonds. No bond shall be accepted by the city unless it is submitted on the form approved in advance by the city attorney and from a bonding company licensed to do business in the state of Washington. The city engineer shall determine the amount of the bond, which shall be no less than 150 percent of the estimated cost of the public facilities or improvements. The city engineer shall make a recommendation as to the length of the bond, which shall be no longer than two years after the final approval.
(4) 
Warranty Bond. Once the public facilities have been constructed, the dedications made and city has inspected and approved the public facilities, the applicant shall provide the city with a warranty bond meeting all the requirements of this section to ensure the successful operation of the public facilities, for a period of two years after such inspection and approval.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.98.040 Temporary improvements.

The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in an amount established by the city engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained, and timely removed.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.98.050 Cost of improvements.

All required public facilities and improvements shall be constructed by the applicant/property owner, at their sole expense, without reimbursement by the city, unless otherwise specified in the project permit approval or development agreement with the city. To the extent allowed by law, the city may form or cause to be formed a local improvement district or latecomers' agreement for the construction and financing of the required public facilities, excluding on-site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set aside) to construct the public facilities until complete or the city is satisfied that a subsequent guarantee will cover performance.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.98.060 Inspection and acceptance of improvements.

(1) 
General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the city engineer finds that one or more of the required public facilities or other improvements have not been satisfactorily constructed in accordance with the approved plans and specifications or other applicable standards or regulations, the subdivider/property owner shall be responsible for any corrections and completion of the improvements.
(2) 
Release of Security. The city will not accept dedication of required public facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider, until the city engineer has submitted a certificate stating:
(a) 
That all required public facilities or other improvements have been satisfactorily completed; and
(b) 
The subdivider's engineer or surveyor has certified to the city engineer, through the submission of a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city's public works standards, that the layout of the line and grade of all transportation facilities, public facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan.
(3) 
City's Acceptance and Dedications. Upon the recommendation for approval of the city engineer, the city council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose; the approval of a final plat, absent such resolution or ordinance, shall not be deemed to constitute or imply acceptance by the city of any street, easement, park, or other improvement on the plat.
(4) 
Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required public facilities until the dedication of same is formally accepted by the city. Following the acceptance of the public facilities, the subdivider shall provide a warranty bond or other security to the city as required by this chapter.
(5) 
Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by the city for the construction of public facilities or other improvements in a short plat, final plat, unit lot subdivision, or final binding site plan, the city shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the city. The city engineer may authorize the issuance of up to 50 percent of the building permits for the lots in the subdivision if:
(a) 
The applicant is not in default of the subdivision improvement agreement; and
(b) 
The applicant has constructed and the city has inspected/accepted the public facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-25 § 12 (Exh. K))

§ 20.100.010 Purpose.

(1) 
The purpose of this chapter is to ensure that subdivisions, short plats, unit lot subdivisions, and binding site plans are compact, pedestrian-friendly, provide necessary infrastructure and services, and contribute to the character of the town and surrounding neighborhoods, by providing building and site design standards that:
(a) 
Reduce the visual impact of large residential buildings from adjacent streets and properties;
(b) 
Enhance the aesthetic character of large residential buildings;
(c) 
Contain sufficient flexibility of standards to encourage creative and innovative site and building design;
(d) 
Meet the on-site recreation needs of project residents;
(e) 
Enhance aesthetics and environmental protection through site design;
(f) 
Allow for continued or adaptive re-use of historic resources while preserving their historic and architectural integrity;
(g) 
Create pedestrian-friendly neighborhoods; and
(h) 
Provide for the orderly development of property.
(2) 
These guidelines do not alter the standards as provided in the underlying zoning districts defined in this title. Projects shall comply with all relevant criteria set forth in this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 008-18 § 9; Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.020 General requirements.

(1) 
Design in Accordance With City Standards. All subdivisions, short plats, unit lot subdivisions, and binding site plans shall be designed in accordance with all city standards including but not limited to the adopted city of Port Orchard Public Works Engineering Standards and Specifications (PWESS) and the Port Orchard Comprehensive Plan.
(2) 
Approach Roads and Access. All subdivisions, short plats, unit lot subdivisions, and binding site plans with a single point of access must have no roadway that exceeds 300 feet or 60 dwelling units from the access point or an average daily traffic (ADT) of greater than 1,200. All other subdivisions, short plats, unit lot subdivisions, and binding site plans must have at least two points of vehicular access and must be connected with improved roadways to the city's improved thoroughfare and street system by two or more approach roads of the dimensions and standards hereinafter set forth. An access road that is divided with 20 feet in each direction to the intersection of two streets shall be considered two means of access.
(a) 
Requirements for dedication of right-of-way and improvement of approach roads, signalization, median breaks, additional lanes and other traffic mitigation or safety improvements may be increased depending upon the size or density of the proposed development, or if the need is demonstrated by traffic impact analysis.
(b) 
An exception to standards under this subsection may be granted for a subdivision, short plat, unit lot subdivision, or binding site plan may be allowed by the decision-making authority provided a second emergency access that is controlled in a manner acceptable to the fire authority shall be provided.
(c) 
Adequate lighting of access points shall be coordinated and provided by the subdivider.
(3) 
Roadway Network Connectivity.
(a) 
All proposed developments must have a connectivity index of 1.5 or greater. The connectivity index shall be calculated by dividing the total number of links (streets including stub-out streets that connect nodes) by the total number of nodes (intersections, cul-de-sac, no-outlets, dead-ends).
20.100.020.tif
(b) 
The decision-making authority may grant exceptions to these requirements only upon a finding that the development is constrained by topographic features, existing development or other impassable features.
(c) 
Street Right-of-Way Dedication. Street right-of-way dedications may be required as a condition of subdivision, short plat, or binding site plan.
(d) 
Street Construction. All streets and thoroughfares providing access to a proposed subdivision, short plat, unit lot subdivision, or binding site plan shall be constructed and paved to city standards and within rights-of-way in accordance with the adopted PWESS, city's transportation plan, and other adopted city standards.
(e) 
Intersection Improvements and Traffic Control Devices. Intersection improvements may be required to ensure public safety as a condition of subdivision, short plat, unit lot subdivision, or binding site plan and shall be designed and improved in accordance with the city's transportation plan, adopted PWESS and/or nationally recognized standards subject to city review and acceptance. Intersection improvements and/or traffic control devices shall be required only as a result of the findings of a traffic impact analysis reviewed and accepted by the city.
(f) 
Private Streets. See POMC § 20.100.120, Private streets.
(g) 
Access Management on City Streets. Subdivisions, short plats, unit lot subdivisions, and binding site plans shall meet the access management standards found in the adopted PWESS.
(h) 
Access Management on State Highways. Subdivisions, short plats, unit lot subdivisions, and binding site plans shall meet WSDOT access management standards.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.030 Lot layout.

Lots to be created within a proposed subdivision, short plat, unit lot subdivision, or binding site plan should comply with the following requirements:
(1) 
Lot lines should be at right angles to street lines or radial to curvilinear streets unless a variation will result in a better street or lot plan; and
(2) 
Corner lots should be graded to provide sufficient sight clearance at intersections.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.040 Street standards.

(1) 
Arrangement of Streets and Conformance to the City of Port Orchard Comprehensive Plan Transportation Element. Except as provided in subsection (1)(a) of this section, the city's adopted transportation element shall be used to determine the minimum type of roadway, the general location of the roadway, and the areas that the roadway is intended to connect as part of the platting process. For streets that are not identified in the city's transportation element, such as local residential streets, the arrangement of such streets within a subdivision shall:
(a) 
Conform to any plan for the neighborhood or subarea plan approved or adopted by the city to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;
(b) 
Provide for future access, by stubbing streets for future extension, to adjacent vacant or undeveloped areas which will likely not have incompatible land uses; and
(c) 
Not conflict in any way with existing or proposed driveway openings (including those on the other side of an existing or planned median-divided arterial, in which case new streets shall align with such driveway openings such that median openings can be shared).
(2) 
Projections and Related Requirements. Where adjoining unsubdivided areas exist, the subdivision street arrangement shall make provision for projection of streets into such areas. Dead-end streets shall otherwise be prohibited, except where projections into unsubdivided land are necessary or where turnarounds are provided in accordance with POMC § 20.100.080. Private streets shall not be allowed to project beyond the subdivision boundary, and therefore shall not be allowed to dead-end at the subdivision boundary.
(3) 
Transitions of Right-of-Way Width. Wherever the right-of-way width of a residential, local, collector or arterial street must transition to a greater or lesser width, the transition shall not occur within an intersection but within the street right-of-way so that the right-of-way shall be the same on both sides of the street intersection.
(4) 
Configuration Shall Reduce Minimal Offsets. Intersecting streets onto an existing or future divided roadway must be configured in accordance with POMC § 20.100.100, Street offsets, such that the centerline offset will accommodate the appropriate median opening and left-turn lanes (with required transition and stacking distances) on each divided roadway, and shall be aligned with any existing or proposed streets or driveways on the opposite side of the divided roadway (in order to share the median opening). Median openings and offsets should be analyzed in the traffic impact analysis, and a determination made if developments sharing a median opening may cause additional traffic conflicts, where an exception to sharing a median opening may be made.
(5) 
Extensions of Existing Streets. New streets which extend existing streets shall bear the names of the existing streets and shall be dedicated at equal or greater right-of-way widths than the existing streets for an appropriate transition length, if applicable, unless a lesser street is justified by a TIA.
(6) 
Street Grades and Horizontal Curves. Minimum and maximum street grades and horizontal curves shall conform to standards set forth in the Engineering Standards and Specifications and the American Association of State Highway and Transportation Officials (AASHTO), or as otherwise approved by the city engineer.
(7) 
Street Signs. Street signs shall be installed by the developer at all intersections within and abutting the subdivision. These signs shall be of a type approved by the city, and shall be installed according to city standards and in conformance with the Manual on Uniform Traffic Control Devices.
(8) 
Streetlights. Streetlights shall be installed in accordance with the requirements set forth in the adopted PWESS.
(9) 
Pedestrian Connectivity. Pedestrian connectivity and access shall be provided between subdivisions, schools (where access is allowed by the school district), cul-de-sacs (i.e., bulb-to-bulb access), adjacent areas available for future development, and park and open space areas.
(a) 
Residential developments shall provide links between cul-de-sacs or groups of buildings to allow pedestrian access from within the development and from adjacent developments to activity centers, parks, common tracts, open spaces, schools or other public facilities, transit stops, and public streets.
(10) 
Reserve Strips. Reserve strips controlling access to streets shall be prohibited except where their control is required by the city and approved by the approving authority.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.050 Intersections, half-streets.

(1) 
Intersections. Street intersections shall be situated at an angle of 90 degrees, plus or minus 15 degrees, except where the intersection utilizes knuckles, turning heels or eyebrows in accordance with the adopted PWESS. Such intersections shall maintain proper intersection visibility as determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets." The major access driveway to large multifamily, commercial and industrial developments shall also meet the requirements of this chapter.
(2) 
Half-Streets. Construction of half-streets shall be prohibited, except when essential to the reasonable development of the subdivision, short plat, or binding site plan in conforming with the other requirements of this code and the transportation element, and where the decision-making authority makes a determination at the time of approval that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the project in question.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.060 Street length.

(1) 
Length of a Block or Street Segment. The maximum length of any block or street segment (including a looped street) shall be 600 feet along arterial streets. Block faces shall not exceed 800 feet along other streets and the full perimeter of a block shall not exceed 2,400 feet except where topographic or critical areas features on parcels of one-half acre or larger would justify an exception from this requirement. Cul-de-sac streets shall adhere to Table 20.100.070(1) or other requirements herein. Measurements shall be measured along the centerline of the street from the centerline or center point of one intersection to the centerline or center point of the next intersection. For the purposes of measurement, either a full four-way intersection or a "T" three-way intersection shall be considered an intersection.
(2) 
Where significant topographic features or critical areas features are present, and will be retained on parcels of one-half acre or larger in size that are proposed for development, if one of the three options provided below is implemented within each block that exceeds 800 feet in face length or 2,400 feet in perimeter length, the street length standards in this section shall be considered met:
(a) 
Blocks containing retention or detention ponds;
(b) 
Blocks containing parks; or
(c) 
Development where the proposed development abuts the rear of an existing development and no rights-of-way have been provided.
(3) 
Maximum Length of a Cul-de-Sac Street.
(a) 
No cul-de-sac served by one access point in any single-family, multifamily, industrial, or commercial subdivision shall exceed 450 feet in length or the length as shown in Table 20.100.070(1), whichever is less.
(b) 
No cul-de-sac serving a subdivision of lots zoned predominantly for residential use shall be designed to serve more than 25 residential dwelling units, unless an exception is granted by the hearing examiner to the maximum length, in which case the maximum number of dwelling units shall be increased in the same percentage as the maximum length has been increased.
(c) 
For purposes of this subsection, cul-de-sac length shall be measured along the centerline of the cul-de-sac from a point beginning at the intersection of the cul-de-sac street with the centerline of the street from which it extends to the center of the turnaround at the end of such cul-de-sac. (Also see POMC § 20.100.070 for cul-de-sac requirements.) For the purposes of measurement, either a full four-way intersection or a "T" three-way intersection shall be considered an intersection.
(d) 
An exception to the maximum cul-de-sac lengths may be granted by the decision-making authority to develop a parcel:
(i) 
With significant topographic constraints such as those documented in a geological report or where the resulting roadway would exceed a 12 percent grade;
(ii) 
With critical areas requiring protection on or adjacent to the parcel;
(iii) 
That is effectively landlocked with no other alternative than a cul-de-sac exceeding 450 feet;
(iv) 
Is in a proposed subdivision that has such a unique configuration that the only way to serve the area in question is with a cul-de-sac exceeding 450 feet. Such exception shall not be granted if the length of the cul-de-sac can be reduced by connection to an adjacent and/or parallel street. The desire to gain additional lots from the cul-de-sac exception by itself is not reason enough to grant such exception to the maximum length;
(v) 
Additional modifications may be required by the decision-making authority upon recommendation by the fire authority including intermediate turnarounds (eyebrows) to accommodate emergency vehicles being provided at a maximum distance of 300 feet;
(vi) 
Building construction within the area of the cul-de-sac beyond the 450 feet distance shall be fire sprinklered and a note shall be added to the recording plat and the subdivision improvement plans indicating that buildings are required to be sprinklered within the subdivision, and which lot numbers have such requirement.
(4) 
Cross-Reference. Also see POMC § 20.100.070 for cul-de-sac requirements.
(Ord. 011-19 § 5 (Exh. 2); Ord. 033-20 § 9; Ord. 008-25 § 13 (Exh. L))

§ 20.100.070 Cul-de-sac streets.

Except where projecting into adjacent unsubdivided areas, any street having only one vehicular access to another street shall be terminated by a permanent turnaround. Standards for both the turnaround and its street approach are set forth within this section. Exceptions to these standards shall be discouraged due to firefighting and solid waste collection requirements. Any turnaround, either temporary or permanent, that does not meet these requirements shall be permanently signed for no parking or marked as a fire lane in accordance with the adopted PWESS.
(1) 
That portion of any street extending from an intersection to a turnaround shall be improved and rights-of-way platted with the minimal dimensions provided in Table 20.100.070(1) below.
Table 20.100.070(1): Width for Cul-de-Sac Streets for Certain Activities
Activity Served
Paving Width*
Right-of-Way Width
Additional Requirements
Less than 12 dwellings
20'
45'
300 feet maximum length
12 – 25 dwelling units
20'
45'
450 feet maximum length – Single-family, middle housing**
Nonresidential zoning districts (except as otherwise specified)
26'
52'
300 feet maximum length
Industrial districts
26'
52'
300 feet maximum length
Notes:
* Measured from the front of adjoining curbs.
** Cul-de-sacs (dead-end streets) serving middle housing and higher density multifamily uses shall be discouraged. Exceptions may be granted by the hearing examiner where no alternative exists and meeting the industrial district's standard or in infill development situations.
(2) 
The turnaround portion of any cul-de-sac shall be improved, and rights-of-way platted, as prescribed below:
Table 20.100.070(2): Width for Cul-de-Sac Turnarounds for Certain Activities
Activity Served
Paving Width*
Right-of-Way Width
Residential and nonresidential zoning districts (except as otherwise specified)
90' diameter
110' diameter
Industrial districts
96' diameter
120' diameter
Notes:
* Measured to front of adjoining curbs.
(Ord. 011-19 § 5 (Exh. 2); Ord. 050-22 § 9; Ord. 008-25 § 13 (Exh. L))

§ 20.100.080 Dead-end streets.

Except when recommended by the department of community development, no public dead-end streets will be approved unless they are provided to connect with existing streets (including stubbed-out streets) or future platted streets on adjacent land.
(1) 
In the case of dead-end streets which will eventually be extended into the adjacent property, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end.
(2) 
A temporary dead-end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in POMC § 20.100.070, Cul-de-sac streets.
(3) 
A note shall be placed on the final plat, short plat, unit lot subdivision, or binding site plan clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the adjacent property. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off site or established by separate instrument.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.090 Street width and design.

(1) 
Pavement Widths and Rights-of-Way. Pavement widths and design and rights-of-way shall be as designated in the adopted PWESS; provided, that for local access streets, the subdivision also meets the applicable block length requirements of POMC § 20.100.060 and connectivity index in POMC § 20.100.020.
(2) 
Design. Streets shall be designed according to the following requirements:
(a) 
Arterial. Streets shall be designed to accommodate cross-city traffic movement, distributing traffic to and from collector streets;
(b) 
Collector. Streets shall be designed to collect traffic from local streets and connect with arterial streets and freeways;
(c) 
Residential Collector. Generally, the term "subcollector" shall refer to streets designed to accommodate traffic movement from local streets to higher classifications of streets as well as provide direct access to activity on individual lots. Specifically, a subcollector may be defined as any street or portion thereof providing direct access to property within commercial or industrial districts as designated on the official zoning map of the city of Port Orchard, any street or portion thereof providing the shortest direct route to a collector street for 25 dwelling units or more, or any street segment extending without offset from a collector street and connecting two or more collector streets. Where subcollector streets are terminated by a permanent turnaround, standards for street width and paving shall be as described in the engineering standards and specifications;
(d) 
Local. Streets shall be designed to provide direct access to residential activity, and in such a way as to encourage connectivity of the roadway network, but discourage cut-through traffic.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.100 Street offsets.

Intersection Offsets. Where parallel streets intersect another street, the centerline of those streets shall be offset a minimum of 120 feet, unless a stricter standard is adopted in a subarea or corridor plan.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.110 Curbs and gutters.

Curbs and gutters shall be installed according to the provisions of this chapter and to the adopted PWESS. Combination curb and gutter improvements shall be provided to mark the edge of pavement and carry surface water, as set forth below:
(1) 
Beside Arterial and Collector Streets. The subdivider shall install curbs on both sides of all arterial and collector streets within the subdivision, and on one side of all such streets along the subdivision frontage.
(2) 
Beside Local Streets. The subdivider shall install curbs on both sides of all local streets within the subdivision and at subdivision boundaries, except for existing boundary streets, in which case curb and gutter installation shall be required on the subdivision's frontage only.
(3) 
At Street Intersections. The minimum curvature of curbs at street intersections shall be as prescribed in the adopted PWESS and shall maintain proper stopping sight distance as determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets."
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.120 Private streets.

(1) 
Permitted Only as Local Street. Private streets shall require approval as an exception at the time of preliminary plat approval by the hearing examiner in accordance with this title. No streets or thoroughfares shown in the adopted city of Port Orchard comprehensive plan may be a nonpublic street. Construction and development of private streets shall meet the standards for right-of-way width and improvement as set forth in this chapter as applied to public streets.
(2) 
Classification. At the time a private street is proposed, it shall be classified as either a local access or subcollector street, as described herein, and made to conform in all respects with right-of-way paving, curb and gutter, construction, and design requirements as applicable to a public street.
(3) 
Subdivision Boundary Streets. New subdivision boundary streets (streets proposed or constructed along a subdivision perimeter boundary) shall not be private.
(4) 
Private Streets, General. In order to be considered for an exception to allow the construction of private streets, the developer shall meet the requirements set out in this section.
(a) 
Construction. All private streets shall be designed, constructed, and maintained to meet city standards. The construction and improvement plans shall be reviewed by the city in the same manner as construction and improvement plans for public infrastructure. The city shall not participate in any portion of the cost of constructing a private street.
(b) 
Inspection During Construction. All private streets shall be subject to inspections by city staff in the same manner, at the same intervals, as public streets, including the payment of applicable inspection fees. A construction schedule shall be submitted with the construction and improvement plans in order to assist in scheduling the inspections. Failure to pass an inspection and meet city construction standards shall require reinspection, and reconstruction, as necessary. No certificates of occupancy shall be released for structures along a private street until all inspections shall have been completed satisfactorily.
(c) 
Traffic Control Devices. All private traffic control devices and regulatory signs shall conform to the "Manual of Uniform Traffic Control Devices," as amended, and to city standards.
(d) 
Restricted Access. The subdivision homeowners association shall clearly mark entrances to all private streets with a sign, in accordance with the adopted PWESS, placed in a prominent and visible location, indicating that the streets within the subdivision are private, and not maintained nor regularly patrolled by the city. All restricted access entrances shall be manned 24 hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the city, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method used to ensure city and emergency access into the subdivision shall be approved by South Kitsap Fire and Rescue and by any other applicable emergency service providers during the final platting process. Gates on private streets shall provide a traffic queue analysis and provide adequate on-street storage in advance of the gate. If the homeowners association fails to maintain reliable access as required by city codes, the city may enter the private street subdivision and remove any gate or device that is a barrier to access, and bill the expense to the association. If the bill is not paid, the city may file a lien for the expense against any property owned by the association.
(e) 
Waiver of Services. Certain city services may not be provided for private street subdivisions, including street maintenance, routine law enforcement patrols, enforcement of traffic and parking regulations, preparation of accident reports, and payment of costs for street lighting. A note as to waiver of services may be required on the face of the plat.
(f) 
Street Lighting. Street lighting as required by this title shall be entirely at the expense of the developer and subsequent property owners. Decorative poles or alternative spacing may be approved by the city engineer, who shall make such recommendation based on the lighting type, the lumens necessary to effectuate safe traffic and pedestrian travel, and a finding that the proposed lighting plan provides as well or better for the health, safety and welfare of the future residents of the private street subdivisions.
(g) 
Maintenance. The developer shall provide for the establishment of a homeowners or property owners association, in covenants, conditions, and restrictions (CCRs), to assume the obligation of perpetual maintenance of private streets and other improvements held privately, including a mandatory assessment for such private streets and improvements to be placed on all property owners within the subdivision, allowance for city staff to inspect the streets to assure they are being maintained to city standards, hold harmless provisions as required in subsection (5) of this section, and providing for notice to the city attorney and city manager of any amendments to these relevant sections. The city shall be a necessary party for the amendment of any portions of the CCRs dealing with these requirements. The proposed CCRs shall be submitted for review by the city attorney at the time of filing the preliminary plat. The city attorney shall review the CCRs to ensure that the requirements of this section are met, and shall submit recommended changes to the developer, who shall incorporate such changes. Absence of city attorney approval of the CCRs shall require the denial of the exception for private streets.
(h) 
Petition to Convert to Public Streets. A property owners association may petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members, and the favorable vote of a majority of the membership, or as required in the CCRs. A dedication instrument shall also be submitted, and shall be reviewed and the final form approved by the city attorney prior to submission of this request to city council.
The city shall not be required to accept any private streets for public dedication and maintenance. The staff shall review the request and make a recommendation to city council. City council shall make their decision based on the public health, safety and welfare considerations of the streets. As a condition of accepting the dedication and maintenance of private streets, the city may impose a requirement for repairs and improvements at private expense prior to acceptance, enter into an agreement for an assessment or pro-rata sharing of costs for repairs or improvements prior to acceptance, or other legal or equitable options to ensure that the streets being accepted are not a liability to the city. The city shall be the sole judge of the nature and extent of repairs or improvements needed. The city may also require, at the sole expense of the association's or property owner's expense, the removal of any guard houses, access control devices, landscaping or other amenities located within the streets or common areas prior to city acceptance.
(5) 
Hold Harmless. The property owners association, as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the city, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the city or governmental or utility entity.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 13 (Exh. L))

§ 20.100.130 On-site recreation space for subdivisions.

(1) 
Purpose. The purpose of this chapter is to ensure that adequate, usable, passive and active recreational opportunities are provided for residents of new subdivisions.
(2) 
Applicability. On-site recreation space shall be provided for new residential subdivisions consisting of 10 or more new dwellings. The establishment of backyard cottages or accessory dwelling units shall not trigger requirements for additional on-site recreation facilities when those building types are constructed within an existing subdivision.
(3) 
On-Site Open Space Quantity Requirements.
(a) 
On-site recreation space shall be provided in accordance with Table 20.100.130(3).
Table 20.100.130(3)
Number of Dwelling Units in Subdivision
Amount of On-Site Recreation Space Required per Each Dwelling Unit
10 – 40
300 sq ft
41 – 100
250 sq ft
Units over 100
150 sq ft
Notes:
* To illustrate the implementation of Table 20.100.130(3), a 110-lot subdivision would require 300 square feet of open space per unit for the first 40 units, 250 square feet of open space for the next 60 units, and 150 square feet of open space for the final 10 units. (40*300)+(60*250)+(10*150)= 28,500 square feet of required open space for a 110-lot subdivision.
(b) 
The requirements in Table 20.100.130(3) may be reduced by up to 50 percent for residential development that is located within one-quarter mile walking distance of a public park. The director shall determine the amount of reduction based on the following:
(i) 
The availability of safe pedestrian facilities connecting the development to the park;
(ii) 
The ability of the park facilities to accommodate additional usage by residents of the development; and
(iii) 
The number of park facilities located within one-quarter-mile distance.
(4) 
On-Site Open Space Design.
(a) 
On-site recreation open space shall be designed as follows:
(i) 
On-site recreation open space shall be located in a separate tract from the residential dwellings; shall have an undivided ownership interest by the homeowners of the development; and shall have a deed restriction recorded for the tract that restricts the use of the tract to recreational uses;
(ii) 
At least 40 percent of the total required on-site recreation open space shall be consolidated in one location within the development;
(iii) 
At least 75 percent of the total required on-site recreation open space shall be located outside of critical areas other than buffers identified in Chapter 20.162 POMC;
(iv) 
On-site recreation open space shall be developed for active and passive uses. At least 50 percent of the on-site recreation open space shall be designed and improved for one or more active uses. When an area of on-site recreation open space is designed and improved for active uses other than improved pedestrian or bicycle paths with hard surfaces, the average width of the area shall be at least equal to half of the average length of the area. Active uses include, but are not limited to:
(A) 
Playgrounds developed with children's play equipment;
(B) 
Improved pedestrian or bicycle paths with hard surfaces;
(C) 
Sports fields (such as soccer or softball fields), with associated improvements;
(D) 
Indoor or outdoor sports courts (such as volleyball, basketball or tennis courts), swimming pools, and similar facilities;
(E) 
Covered areas with permanent tables and benches;
(F) 
Community clubhouse and meeting facilities;
(G) 
Community gardens for use by the residents;
(H) 
Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area; and
(I) 
Other similar uses approved by the director;
(v) 
Passive uses include critical areas that cannot be developed, nature interpretive areas, bird watching facilities, unimproved trails, and similar uses approved by the director;
(vi) 
The following drainage facilities may be counted as on-site passive recreation space:
(A) 
Unfenced detention, retention and wet ponds; provided, that pathways and viewing areas surround the pond;
(B) 
Stormwater treatment wetlands;
(C) 
Stormwater infiltration trenches and bioswales that serve more than one dwelling; and
(D) 
Vegetated areas located above underground detention facilities;
(vii) 
No on-site recreation open space tract shall contain less than 700 square feet in area;
(viii) 
On-site recreation open space shall have at least 50 feet of frontage on a public right-of-way or private street tract;
(ix) 
All recreation open space tracts shall be developed, landscaped and maintained so that a high level of visibility is provided from the public right-of-way or private street tract to playgrounds and other areas intended primarily for use by children;
(x) 
If a single active on-site recreation open space tract is provided, it shall be centrally located within the subdivision, so that it is within one-quarter-mile walking distance for at least 90 percent of the dwelling units. If the subdivision area is too large for this standard to be met with one recreation open space tract, an additional recreation open space tract or tracts shall be required;
(xi) 
Access for pedestrians shall be provided from all dwellings within the development to the on-site recreation space through trails, sidewalks, pathways and other similar means of access; and
(xii) 
On-site recreation space shall not include privately owned yards.
(Ord. 030-19 § 2; Ord. 008-25 § 13 (Exh. L))