Chapter 16.60
ALTERATIONS AND VACATIONS
Sections:
16.60.020 Alterations of final plats.
16.60.030 Alterations of final short plats, large lot plats and binding site plans.
16.60.050 Recording requirements.
16.60.010 Purpose.
The purpose of this chapter is to provide the procedures for alterations and vacations of recorded final plats, short plats, large lot plats, and binding site plans. Procedures for revisions following preliminary approval, but prior to recording (land segregation amendments) are set forth in the chapters addressing each segregation type.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.60.020 Alterations of final plats.
A. Alterations after a final plat has been recorded shall be processed in accordance with RCW 58.17.215 through 58.17.218; provided, that when an application for plat alteration is submitted more than seven years after final plat approval, the altered portions of the plat shall comply with regulations in effect at the time the alteration application was determined complete.
B. An application for an alteration of a recorded final plat shall be processed as a Type III application.
C. Alteration applications and documents to be recorded shall contain the signatures of a majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision or portion to be altered.
D. Any features contained on the original subdivision that have been relied upon in subsequent land development or county planning decisions shall be retained and depicted on the alteration map.
E. If the final plat is subject to restrictive covenants that were filed at the time of the recording of the final plat, and the application for alteration would result in the violation or alteration of a covenant, the application shall contain an agreement signed by all parties required by the provisions of the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration.
F. The hearing examiner shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration 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.
G. Any easement established by dedication 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 to extinguish or alter the easement.
H. After approval of an alteration, the applicant shall submit a drawing of the approved alteration of the final subdivision, to be processed, approved and recorded in the same manner as set forth for final subdivisions at Chapter 16.40.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.60.030 Alterations of final short plats, large lot plats and binding site plans.
A. Except as provided herein, alterations for final short plats, final large lot plats and binding site plans shall be accomplished by following the same process required for new applications as set forth in Chapters 16.48, 16.52 and 16.56, respectively. An application for an alteration of a recorded final short subdivision, large lot subdivision or binding site plan shall be processed as a Type II application, unless the short subdivision, large lot subdivision or binding site plan was approved through a process requiring a public hearing in the first instance. In such case, the alteration shall be processed as a Type III application.
B. Alteration applications and documents to be recorded shall contain the signatures of a majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject short subdivision, large lot subdivision or binding site plan, or portion to be altered.
C. Any features contained on the original short subdivision, large lot subdivision or binding site plan that have been relied upon in subsequent land development or county planning decisions shall be retained and depicted on the alteration map.
D. If the final short plat, large lot plat or binding site plan is subject to restrictive covenants that were filed at the time of the recording, and the application for alteration would result in the violation or alteration of a covenant, the application shall contain an agreement signed by all parties required by the provisions of the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration.
E. The department (in the case of a Type II application) or hearing examiner (in the case of a Type III application) shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration 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.
F. Any easement established by dedication 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 to extinguish or alter the easement.
G. After approval of an alteration, the applicant shall submit a revised drawing of the altered final short plat, large lot plat or binding site plan, to be processed, approved and recorded in the same manner as set forth for final short subdivisions at Chapter 16.48, final large lot subdivisions at Chapter 16.52 or binding site plans at Chapter 16.56.
H. Alterations of short plats that involve a public dedication shall be processed according to RCW 58.17.215.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.60.040 Vacations of final plats, final short plats, final large lot plats and final binding site plans.
A. Plat vacations shall be processed as a Type III application.
B. Short plat, large lot plat and binding site plan vacations shall be processed as a Type II permit, unless the short subdivision, large lot subdivision or binding site plan was approved through a process requiring a public hearing in the first instance. In such case, the vacation shall be processed as a Type III application.
C. The application for vacation shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the land segregation subject to vacation. The applicant(s) must demonstrate that property within or abutting the boundaries of the subject plat or binding site plan will not be adversely impacted and the vacation will not have an adverse impact on the provision of utilities in the areas. Additionally, the vacation shall not result in a conflict with the Comprehensive Plan or applicable sub-area plan.
D. If the land segregation is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation would result in the violation or alteration of a covenant, the application shall contain an agreement signed by all parties required by the provisions of the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the segregation or portion thereof. In the event the entire land segregation is proposed for vacation, the application shall contain a document, to be recorded with the segregation vacation, revoking the covenants.
E. Legally existing structures and uses shall not be required to correct existing nonconforming features to meet current regulations as a condition of approval of a vacation.
F. Applications for vacation of county right-of-way within the plat shall be processed in accordance with Chapter 11.42. The right-of-way vacation application shall be processed concurrently with the application for vacation of the plat.
G. The department (in the case of a Type II application) or the hearing examiner (in the case of a Type III application) may approve or deny the vacation of the segregation after determining the public use and interest to be served by the vacation. If any portion of the land contained in the segregation was dedicated to the public for public use or benefit, such land, if not deeded to the county, shall be deeded to the county unless the department or hearing examiner sets forth specific findings that the public use would not be served in retaining title to those lands.
H. Title to the vacated property shall vest with the rightful owner as shown in 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 department or hearing examiner has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the county. When the road or street that is to be vacated was contained wholly within the segregation and is part of the boundary of the segregation, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated segregation.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.60.050 Recording requirements.
The plat alteration or plat vacation shall be recorded in accordance with the provisions set forth at Section 16.04.110.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)