40.540.120    Alteration and Vacation of Final Plats

A.    Purpose.

    The purpose of this section is to provide procedures and criteria for the alteration and vacation of recorded plats and short plats consistent with state law (RCW 58.17.215, 58.17.217). No recorded short plat or subdivision shall be changed in any respect, except as processed and approved through this section unless exempt from this chapter as indicated in Section 40.540.020(B)(4). This process cannot be used to create additional lots, tracts or parcels.

B.    Process.

1.    Pre-Application Review. Pre-application review is required for all plat alteration or vacation applications in accordance to Section 40.510.020(A).

2.    Preliminary Approval. Preliminary approval of a plat alteration shall be considered a Type II application pursuant to Section 40.510.020 provided the following:

a.    A public hearing shall be required for alteration proposals if a hearing is requested by any person within twenty-one (21) days from the date the public comment period began or if the department determines that the public hearing is within the public interest. Where a public hearing is requested or required, the department shall consider the application a Type III process and refer the application to the hearing examiner for consideration. Notices required pursuant to Section 40.510.030(E) shall include language notifying the public of the alterative hearing process provided for by this section; however, the four (4) foot by eight (8) foot notice sign as specified in Section 40.510.030(E)(3)(d) shall not be required.

b.    If a public hearing is not requested for a proposed alteration, the responsible official is delegated the authority to review and approve, approve with conditions or deny the application for preliminary approval. The final revised drawing or other alteration, if approved, shall be signed by the legislative body, without a public hearing.

c.    All applications for vacation of a recorded plat shall be considered Type III applications and are not eligible for the alternative hearing process.

d.    In addition to the notice requirements of Section 40.510.030(E), notice of the proposed alteration or vacation shall include all property owners holding an interest in the entire subdivision to be altered, including all phases.

3.    Final Approval. Within seven (7) years of the date of preliminary approval of the vacation or alteration, the applicant shall submit for final plat approval through the final plat process of Section 40.540.070. If the nature of the plat alteration is minor, the review authority may set appropriate conditions and processes for final review and recording of the alteration at the time of preliminary approval.

(Amended: Ord. 2007-11-13; Ord. 2016-09-04)

C.    Pre-Application Submittal Requirements for a Plat Alteration or Plat Vacation.

    An applicant for a pre-application review of a proposed plat alteration or plat vacation shall submit an original and the number of individually bound copies as established by the responsible official of the following materials:

1.    A completed original application form provided by the responsible official and signed by the applicant;

2.    The requisite fees as specified in Title 6 of Clark County Code;

3.    A copy of the recorded plat including eleven (11) inch by seventeen (17) inch (11′′ x 17′′) reductions of any oversized materials;

4.    Restrictive covenants (if any);

5.    The proposed revised plat map;

6.    A narrative describing the nature, purpose, and desired effect of the proposed alteration or vacation; and

7.    The following maps (as available from the Community Development Department through the “developer’s GIS packet”):

a.    General location map;

b.    Elevation contours map;

c.    Aerial photography map (most recent year currently available through the Community Development Department);

d.    Aerial photography with contours;

e.    Current zoning map;

f.    Current comprehensive plan map;

g.    Map of C-Tran bus routes, park and trials;

h.    Water, sewer, and storm systems map;

i.    Soil type map;

j.    Environmental constraints map; and

k.    Quarter section map.

(Amended: Ord. 2006-05-01)

D.    Application Submittal Requirements for a Plat Alteration or Plat Vacation.

    An applicant for a plat alteration or vacation shall submit the number of individually bound copies as established by the responsible official of the following materials:

1.    A completed original application form provided by the responsible official signed by the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject plat or portion thereof to be altered. Applications for the vacation of plats shall include signatures of all property owners having an ownership interest;

2.    The requisite fees as specified in Title 6 of Clark County Code;

3.    A copy of the recorded plat including eleven (11) inch by seventeen (17) inch (11′′ x 17′′) reductions of any oversized materials;

4.    Current recorded deeds or real estate contracts for each lot to be altered;

5.    Restrictive covenants;

6.    The proposed revised plat map;

7.    A narrative explaining how the proposed alteration or vacation meets or exceeds the applicable approval criteria and standards and any issues raised during the pre-application process;

8.    Documentation from any person, utility, company or other entity having a vested interest in any easement proposed to be altered or vacated that they agree to the alteration or vacation;

9.    The following maps (as available from the Community Development Department through the “developer’s GIS packet”):

a.    General location map;

b.    Elevation contours map;

c.    Aerial photography map (most recent year currently available through the Community Development Department);

d.    Aerial photography with contours;

e.    Current zoning map;

f.    Current comprehensive plan map;

g.    Map of C-Tran bus routes, park and trails;

h.    Water, sewer, and storm systems map;

i.    Soil type map;

j.    Environmental constraints map; and

k.    Quarter section map.

10.    Pre-application conference summary; and

11.    Existing conditions map including all of the following within fifty (50) feet of the proposed alteration:

a.    Streets;

b.    Location(s) of any existing building(s);

c.    Location and width of existing easements for access, drainage, utilities, etc., if not already on the plat;

d.    Name, location and width of existing rights-of-way, if not already on the plat;

e.    Location and width of existing driveways; and

f.    Other items that are relevant to the approval standards for the alteration or vacation.

(Amended: Ord. 2006-05-01)

E.    Approval Criteria for Plat Alterations and Vacations.

1.    The review authority may approve plat alteration requests if the following criteria is met:

a.    The plat alteration is within the public interest; and

b.    The approval criteria in Section 40.540.040(D), as applicable to the proposed plat alteration, is met; and

c.    The approval of the plat alteration will not result in the violation of any requirements of the original approval unless conditions necessitating such requirements have changed since the original plat was recorded.

2.    The review authority may approve the vacation of a plat if it is in the public interest.

F.    Limitations.

1.    If the plat or portions of the plat contain restrictive covenants which were filed with the plat and the proposed alteration will result in the violation of a covenant, the application shall contain an agreement signed by all parties to the covenant providing that all parties agree to alter or revoke the covenants specified in the application.

2.    Vacations of county roads may be approved through this process only when the road vacation is proposed with the vacation of a subdivision or portions thereof. Vacations of roads may not be made that are prohibited under RCW 36.87.130 and Chapter 12.28.

3.    If any land within the alteration contains a dedication to the general use of the persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

4.    Blanket utility easements existing along the lot lines, but not specifically required as a condition of development approval, may be moved during a boundary line adjustment; provided, there is compliance with RCW 64.04.175 and the easement is not occupied by a utility. If the easement is occupied, the provisions of this section and RCW 64.04.175 shall apply.