Chapter 17.20
ALTERATION AND VACATION OF PLATS
Sections
17.20.060 Filing final alterations and vacations.
17.20.010 Title.
This chapter shall be entitled “Alteration and Vacation of Plats.” [Ord. 1585 § 73, 2013.]
17.20.020 Application.
This chapter shall apply to all requests to alter or vacate subdivisions, short subdivisions or binding site plans. [Ord. 1585 § 74, 2013.]
17.20.030 Purpose.
The purpose of this chapter is to provide for the process and procedure to be followed when subdivisions and short subdivisions of building site plans are altered or vacated. [Ord. 1585 § 75, 2013.]
17.20.040 Authority.
This chapter is adopted pursuant to the provisions of RCW 58.17.212 through 58.17.218. [Ord. 1585 § 76, 2013.]
17.20.050 Alteration and vacation of subdivisions, short subdivisions, and binding site plan applications.
(1) The following actions shall be applied for, reviewed and acted upon in the same manner as an application for a subdivision as set forth in chapter 17.10 DMMC except as specifically set forth below:
(a) Alteration or vacation of subdivisions; and
(b) Alteration or vacation of short subdivisions and binding site plans involving a public dedication; and
(c) Alteration or vacation of binding site plans involving more than four lots and not involving a public dedication.
(2) The following actions shall be applied for, reviewed and acted upon in the same manner as is applicable for a short subdivision as set forth in chapter 17.05 DMMC except as specifically set forth below:
(a) Alteration or vacation of short subdivisions which do not involve a public dedication; and
(b) Binding site plans involving four or fewer lots and not involving a public dedication.
(3) Except as provided in RCW 58.17.040(6), the owner of the subject property or the authorized agent(s) of the owner may apply for alteration or vacation of a subdivision, short subdivision, or binding site plan by submitting to the Planning, Building and Public Works Department the information specified in DMMC 17.05.050, 17.40.060, and 17.40.080.
(4) When a vacation application is specifically for a City street, the procedures for street vacation found in chapter 35.79 RCW, as presently constituted or as may be subsequently amended, and chapter 12.10 DMMC shall be utilized for the street vacation. When the application is for the vacation of the subdivision, together with the streets, the procedure for vacation described in this chapter shall be used; provided, that street vacations that are prohibited under RCW 35.79.035 shall not be made.
(5) The Planning, Building and Public Works Director may limit the scope or portion of the subdivision, short subdivision, or binding site plan for which an alteration or vacation document is required to be recorded. This may be limited to that portion that is to be altered or vacated and any related matters. [Ord. 1585 § 77, 2013.]
17.20.060 Filing final alterations and vacations.
(1) Final Alteration or Vacation Documents. Final alterations or vacations of subdivisions, short subdivisions, or binding site plans submitted to the City for consideration shall contain the information specified in DMMC 17.40.090.
(2) Time Limits to File Final Alteration and Vacations.
(a) General. The applicant shall submit to the Planning, Building and Public Works Department the final alteration or vacation, meeting the requirements of this Title and any conditions of approval, within six months following the date the alteration or vacation was approved or the alteration or vacation approval shall be considered void, and any development rights which have vested in the applicant shall be considered abandoned.
(b) Extension. The applicant may file a request to extend the alteration or vacation approval for up to six months. The request shall be delivered in writing to the Planning, Building and Public Works Department not less than 30 calendar days prior to expiration of the initial six-month period. The Planning, Building and Public Works Director shall grant the extension only upon a showing that the applicant has attempted in good faith to submit the alteration or vacation within the six-month period. If the alteration or vacation is not submitted to the Planning, Building and Public Works Department before the expiration of any granted extension it shall be considered void, and any development rights which have vested in the applicant shall be considered abandoned. [Ord. 1585 § 78, 2013.]