As authorized by RCW 58.17.110(2) or its successors, in order to meet the health, safety and welfare needs of the public and mitigate the impacts of the proposal, the director or city engineer may condition approval of the subdivision upon dedications for drainage ways, other public ways, water supplies, sanitary waste facilities, parks, playgrounds, sites for schools and school grounds, site protection of critical areas, and other needs of the public, as long as such dedication does not constitute an unconstitutional taking of private property. (See also Chapter 12.30 BIMC.)
(Ord. 2011-02 § 2 (Exh. A), 2011)
A. 
Policy. It is the policy of the city to require the dedication of land within a proposed development, where it is deemed necessary, for park and recreational purposes, as a condition of final approval of a short or long subdivision, large lot subdivision, nonresidential subdivision, or approval of any permit issued under the International Building Code for the development of a multifamily residential development or approval of any application for development of multifamily uses; provided, that such dedication must be reasonably necessary as a direct result of the proposed development. This policy shall be implemented in a manner consistent with RCW 58.17.110(2) or its successors, which requires that any such dedication not involve an unconstitutional taking of private property.
B. 
Applicability. Dwelling units existing on November 24, 1979, shall not be included in any city determination of need for dedication of land.
C. 
Criteria for Requiring Dedication of Land. The responsible city agency or official shall determine whether dedication of land is appropriate. The responsible city agency’s or official’s decision shall be determined by consideration of the following factors:
1. 
Compatibility with the city’s comprehensive plan, comprehensive park plan or future park plans; and
2. 
Topography, geology, access and location of land in the subdivision or residential development suitable for dedication; and
3. 
Size and shape of the subdivision, short plat or residential development and the location of land suitable for dedication; and
4. 
The feasibility of dedication; and
5. 
The proximity of the subdivision, short plat or residential development to previously acquired park property; and
6. 
The possibility of combining the land to be dedicated for park purposes with existing park or recreational facilities when the parcel to be dedicated does not exceed one acre in area; and
7. 
The existence of covenants for open space as specified in subsections D, E, and G of this section.
D. 
Covenants – Approval by City. In determining the need for dedication of land, the director shall consider any proposed covenants for private parks or recreational facilities that are made as part of a development proposal. The city may approve covenants in addition to or as an alternative to requiring dedication of land, in order to mitigate the impacts of a proposed development on city parks and recreational facilities.
E. 
Amount of Land Dedication Required. The amount of land required to be dedicated shall be based on a study quantifying the per person, per household, per dwelling unit, or per commercial square impact of new development on existing dedicated infrastructure in the city, and the results of that study shall be adopted by the city council to be applied on a formula basis to new development or redevelopment prior to being applied to any specific short or long subdivision, large lot subdivision, or nonresidential or multifamily subdivision. If the city determines that the formula land dedication requirements based on the study will not offset the impacts of the proposed development on public lands in the city, the city may conduct an individualized determination providing written analysis of the actual impacts of the development on dedicated lands for open space, recreation, or other purposes, and may base its land dedication requirements on that individualized determination.
F. 
Credit for Dedication Requirement. Where private open space for park and recreational facilities is provided in a proposed short or long subdivision, large lot subdivision, or residential or nonresidential development or proposed development of multifamily residential use and such space is to be privately owned and maintained by the future residents of the subdivision or residential property, such areas may, in the sole discretion of the city, be credited against the amount of land that the city determines should be dedicated pursuant to subsection E of this section; provided, that the city finds it in the public interest to do so, and determines that the following standards are met:
1. 
The yards, court areas, setbacks and other open areas required by the zoning and building regulations are not included in the computation of such private open space; and
2. 
The private ownership and maintenance of the open spaces are adequately provided for by written agreement meeting the requirements of the open space management plan described in BIMC § 17.12.030.A.8; and
3. 
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the land; and
4. 
Facilities proposed for the open space are in general accord with the intent of the comprehensive plan and the Bainbridge Island metropolitan park district comprehensive plan; and
5. 
The open space and/or facilities will provide for the park and recreational needs of the residents of the short or long subdivision or residential development in such manner as to reduce the impact on existing park or recreational facilities within the city or will reduce the need to provide new park or recreational facilities within the city.
G. 
Recording. In those instances where proposed covenants for private parks or recreational facilities are approved under the provisions of this title, they must be recorded with the Kitsap County auditor as follows:
1. 
All such open space covenants relating to subdivision shall be recorded at the time of the recording of the final short plat or subdivision map; and
2. 
All other such open space covenants shall be recorded with the Kitsap County auditor within 10 days of the date of approval by the appropriate agency of such open space covenants for private parks or recreational activities; and
3. 
All recording costs shall be borne by the applicant; and
4. 
A recorded copy of the covenants shall be provided to the department of planning and community development.
(Ord. 2011-02 § 2 (Exh. A), 2011)