Chapter 16.20
PLAT ALTERATIONS AND VACATIONS

Sections:

16.20.010    Purpose.

16.20.020    Applicability.

16.20.030    Application.

16.20.040    Plat alteration process.

16.20.050    Required findings.

16.20.060    Recording.

16.20.010 Purpose.

The purpose of this chapter is to provide the standards for the vacation and alteration of plats consistent with RCW 58.17.212, 58.17.215 and 58.17.217. No plat shall be changed in any respect unless processed and approved through the provisions of this chapter, except boundary line adjustments processed pursuant to Chapter 16.32 and short subdivisions processed pursuant to Chapter 16.12. The process established by this chapter cannot be used to create additional lots, tracts or parcels. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.20.020 Applicability.

A. The alteration of all or a portion of an existing final plat does not include the creation of additional lots, only revisions to lot lines, notes, or easements established on the final plat. Any proposal that includes the creation of new lots shall be processed in accordance with the appropriate section of the land division code, and shall comply with standards and requirements, as they apply.

B. A vacation of all or a portion of an existing final plat includes the removal of lot lines established by a recorded plat, or a division of a plat, or an easement(s). Those applications proposing only the vacation of public right-of-way dedicated as part of a plat shall be processed in accordance with Chapters 35.79 and 36.87 RCW. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.20.030 Application.

Instead of, or in addition to, the requirements for completed applications set out in Chapter 16.04, an application for the vacation or alteration of a plat shall include the following:

A. The signature of the owner(s) of record for the lots affected by the proposed vacation or alteration;

B. If the plat is subject to restrictive covenants which were part of the final plat, and the vacation or alteration would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate the covenants, or alter the relevant covenants, to accomplish the purpose of the vacation or alteration. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.20.040 Plat alteration process.

The application for the vacation or alteration of a plat shall be processed as a Type IVA project permit, pursuant to the development regulations. If the proposed vacation or alteration includes the vacation of a street, the procedures for vacation are as set out in Chapter 35.79 or 36.87 RCW. Vacations for streets may not be made that are prohibited under RCW 35.79.030 or 36.87.130.

Short subdivisions shall be processed in accordance with Chapter 16.12. Binding site plans shall be processed in accordance with Chapter 16.24. For subdivisions, the administrator shall give notice and set a hearing date of the application in accordance with Chapter 16.16 with notice and hearing requirements in accordance with Chapter 19.03. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.20.050 Required findings.

In addition to the required findings for all land divisions, a vacation or alteration of an existing final plat may be approved, conditionally approved, or rejected, after considering the public use and interest in the vacation or alteration, and determining the vacation or alteration:

A. Will not result in the violation of any requirements of the original plat approval unless conditions necessitating such requirements have changed since the original plat was recorded;

B. Will not result in a lot not satisfying all dimension and area requirements of all applicable land use and environmental health regulations; and

C. Does not increase the nonconformity of any lot or structure which does not currently meet the requirements of any applicable land use or environmental health regulations, including but not limited to setbacks of structures from property lines, land use, and minimum lot area. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.20.060 Recording.

The plat, as vacated or altered pursuant to this chapter, shall be recorded by the administrator, according to the requirements of the land division code. (Ord. 1397 § 8 (Exh. 7) (part), 2009).