DEVELOPMENT
What is the Preliminary Plat (P-Plat)?
A preliminary plat, often called a P-Plat, is the first step in dividing a piece of land into 10 or more lots.
It follows the rules in Kitsap County Code (KCC) Title 16 for how land can be divided and Title 21 for how the County reviews and approves the application.
The P-Plat process involves:
- P-Plat applications must go through a public hearing.
- If the application is approved, it becomes the "parent approval". That means that later permits - like clearing, grading, or building - don't require separate public notice, since future development is expected once the plat is approved.
- The project must show it's at least 60% feasible, including roads, utilities, and other infrastructure.
Environmental Review:
All P-Plats go through SEPA (State Environmental Policy Act) review to check for environmental impacts (see KCC 18.04)
There are usually two outcomes:
· DNS (Determination of Non-Significance): The applicant has already included steps to avoid significant environmental harm.
· MDNS (Mitigated Determination of Non-Significance): The County adds extra requirements to reduce environmental impact.
Who gets notified?
Nearby property owners get notified:
- Notices go to those living within 800 feet of the project boundary.
- Sometimes notices go further, depending on the project.
What is the Site Development Activity Permit (SDAP) process?
The SDAP is the permit allowing the site to be contoured and graded, and for utilities and infrastructure to be placed (see KCC Title 12 Stormwater Drainage). The SDAP proves the 60% concept in the P-Plat is feasible and valid. The SDAP is also reviewed against the P-Plat approval to make sure there is consistency with the Hearing Examiner's decision. One of the primary objectives of SDAPs is to manage stormwater during the development process with final stormwater facilities to be dedicated to the County for future maintenance. Once the SOAP is approved, the Final Plat (F-Plat) becomes eligible to be recorded. Upon recordation with the Auditors Office and the receipt of tax lot numbers, the property becomes eligible for building permits and home development.
Tree Removal During Development
Tree removal occurs for a number of reasons. Most often it is to clear and grade' the site for suitable lot creation (trees are a type of vegetation in KCC Title 12 Stormwater Drainage; see also KCC 17.500. Tree removal at or in buffers is often necessary due to diseased trees (e.g., laminar root rot) and to prevent the spread of disease (which may mean pulling stumps). Ideally, tree removal results in creating tree snags (i.e., dropping a tree and leaving it for habitat). At other times, DCD and applicants alike have experienced over-zealous loggers who will 1poach' a tree beyond the clearing limits. If tree removal results in more visibility through the trees, DCD often requires replanting. DCD Development Engineering Inspectors visit sites frequently, often daily, to ensure the applicant and their contractors are mindful of clearing limits.
How are transportation impacts addressed?
The 2020 Kitsap County Road Standards, prepared by Public Works, informs on required local transportation requirements and design standards. Traffic impacts are analyzed through a Traffic Impact Assessment (TIA) provided by a consultant to the applicant. The TIA is reviewed by Kitsap County, which informs on what traffic infrastructure improvements may be needed, such as turn pockets, round-a-bouts, or stop lights. Often the TIA will recommend improvements to a state highway. In those instances, the State Dept of Transportation is the lead authority for reviewing the TIA, accepting the TIA, and requiring improvement projects. Those improvements must be constructed as part of the appropriate SDAP.
How are buffers modified?
There are a few ways to modify buffer widths. Wetlands buffers are discussed at KCC 19.200 and are the subject of this discussion; stream buffers are shown at KCC 19.300.
1) Buffer widths may be modified via buffer averaging-a process where a buffer may be reduced in one area in exchange for at least a like-sized increase in another area. Several criteria must be met, and key criteria include: the change is the minimum needed to accommodate a need (eg, to provide for access to a site), a study to show no adverse impact to the feature being protected (eg, wetlands), and width reductions may not exceed 50 to 75% of the original buffer depending on the importance of the feature being protected.
2) Where buffer averaging is not feasible, an applicant may apply for an Administrative Buffer Reduction. In this instance, the applicant must demonstrate the reduction is the minimal needed to accommodate the proposed use and the reduction must provide as great or greater functions and values as would be provided under the standard buffer requirement. This may be accomplished through enhancement of a degraded buffer. There are review standards and limits to Administrative Buffer Reductions, some of which require buffer enhancement of degraded buffer areas, retention of native vegetation on other portions of the site to maintain habitat or offset habitat loss, or minimizing impacts from the built environment.
3)A buffer reduction Variance may be applied for if the prior approaches cannot be implemented. KCC 19.100.135 allows for a variance when all of several criteria are met, and key criteria include: the strict application of the code would deny a reasonable use of the property, the request is a function of special circumstances (e.g., size, shape, topography), the variance will not result in substantial detrimental impacts to the critical area, the request is the minimum necessary, no other practicable or reasonable alternative exists, and, when required, a mitigation plan has been submitted which meets the mitigation requirements of KCC 19.200.230.
Are existing landscaped vegetative buffers required to remain?
KCC 17.500 stipulates native vegetation is preferred, while non-native vegetation may be removed and replace with native vegetation. In the instance of residential subdivision, a 'buffer of twentyfive to fifty feet of sight-obscuring, screening vegetation shall be provided.' (KCC 17.500.027.8.2) However, the Director of DCD has codified authority to modify this requirement when considering safety concerns (eg, wind-throw). Additionally, if the native buffer has high branches which allow visibility through the screening, additional plantings of evergreen trees, planted 10' on center, may be required. It has been observed in areas around the County that even wider vegetated areas allow some visibility 'through the forest', and the Director will exercise reasonable requirements to comply with buffer code. Site assessment of existing vegetation shall be performed in conformance with the Kitsap County Stormwater Design Manual.
What is the requirement to replace vegetation and when is that accomplished?
Any tree that is removed inside the buffer (through grading or natural means, such as windthrow) is required to be replaced at a 3-1 ratio (3 trees replaced for every 1 removed). However, these won't be replaced immediately. Just like when you build a home, landscaping is the last thing you do. Otherwise, a lot of what you plant will be killed as anyone working on the house continues to walk across and trample all these beautiful things that were newly planted. Same goes here. The replacement of trees and all other buffering (a combination of natural tree planting, natural ground cover, and fencing) won't be completed until the lots are developed. And certificates of occupancy won't be issued until DCD inspectors verify the replacement trees and ground cover have been planted and meet sight obscuration requirements.
What is the Final Plat (F-Plat) process?
The F-Plat is the final recorded plat map with all appropriate agency and KC department signatures. The F-Plat is compared against the SDAP to make sure all conditions are carried forward. At this point, the application is a perfunctory process and F-Plat review, and approval typically occurs under 30 days. F-Plats are regulated by KCC 16.40.050.
What is the construction Process?
Once an F-Plat is recorded and tax ID numbers have been issued for lots, the applicant will apply for building permits. These are considered ministerial (ie, Type 1) and no notice is given for building permit applications. The construction cycle has several inspection stages before a final Certificate of Occupancy is issued. KCC Title 14 Building and Construction references the International Residential Code Requirements and local amendments thereto and also references International Building Code and amendments thereto. These are prescriptive requirements.