Chapter 17.70
ALTERATION OR VACATION OF RECORDED SUBDIVISIONS

Sections:

17.70.010    Purpose.

17.70.015    Applicability.

17.70.017    General limitations.

17.70.020    Application requirements.

17.70.030    Requirements for noticing.

17.70.035    Requirements for public hearings.

17.70.040    Findings and recommendations.

17.70.050    Approved alterations and vacations.

17.70.150    Changes to proposed or approved short plats.

17.70.010 Purpose.

The purpose of this chapter is to provide specific procedures for the alteration or vacation of recorded subdivisions, or any portions thereof, in accordance with the provisions of RCW 58.17.212. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.39.010), 1994; Ord. 20 § 1, 1994).

17.70.015 Applicability.

This chapter applies to the alteration and vacation of a recorded subdivision as defined in Chapters 17.45 and 17.50 NMC. (Ord. 2005-305 § 1).

17.70.017 General limitations.

Within five years of the recording date, any recorded short plat may be altered provided no more than a total of four lots result within the boundaries of the original short plat. After five years from the recording date, the short plat may be altered or the land may be subdivided further in accordance with this chapter. An alteration may include adjacent separate lots provided no more than four lots result within the boundaries of the original short plat together with such additional property. (Ord. 2005-305 § 1).

17.70.020 Application requirements.

A. Any person may submit a subdivision or short subdivision alteration or vacation application consistent with the applicable provisions of NMC 17.45.045 and 17.50.050 to the division provided:

1. Alteration applications shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, or divisions in the subject subdivision to be altered or any portion to be altered. Vacation applications shall contain the signatures of all parties having an ownership interest in the portion of the subdivision subject to vacation.

2. Any features contained on the original plat which are relied upon in subsequent land development of city planning decisions shall be incorporated on the plat alteration.

3. Lot lines of lots which are nonconforming only by reason of insufficient square footage may be altered without regard to current square footage requirements as long as they are not made more nonconforming and as long as no additional lots are created, and the proposed lots are consistent with other dimensional requirements of the zoning in effect at the time of the original short plat approval. Any newly created additional lots must meet current zoning requirements and regulations regarding minimum lot size.

4. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration or vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration or vacation of the subdivision or portion thereof.

B. Any subdivision alteration which deletes all interior boundaries shall constitute a vacation of the original plat, effective at the time the altered plat is recorded.

C. Any subdivision alteration or vacations which involve dedications shall be processed in the manner provided by law for alteration or vacation of subdivisions.

D. Applications for vacations of city roads may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of the plat together with the roads. Vacations limited to city roads only shall be processed pursuant to Chapter 12.50 NMC. Regardless of the process used, vacations of roads may not be made that are prohibited under RCW 36.87.130. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.39.020), 1994; Ord. 20 § 1, 1994).

17.70.030 Requirements for noticing.

Notice of a proposed subdivision alteration shall be given by the city pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 97-153 § 58).

17.70.035 Requirements for public hearings.

Public hearings shall be conducted pursuant to the procedures established in NMC Title 19. (Ord. 2005-305 § 1).

17.70.040 Findings and recommendations.

A. The director shall approve, approve with conditions or deny a proposed short subdivision alteration or amendment pursuant to the requirements set forth in Chapters 17.50 and 19.07 NMC.

B. The hearing examiner shall determine if the proposed subdivision alteration or vacation is consistent with the required findings pursuant to Chapter 17.45 NMC. If the proposal is found to serve such purposes, the examiner may recommend that the city council approve the application.

C. The city council shall make findings and take actions as set forth for subdivisions and shall deny or approve the alteration or vacation accordingly. (Ord. 2005-305 § 1; Ord. 97-153 § 60; Ord. 25 Exh. A (.39.050), 1994; Ord. 20 § 1, 1994).

17.70.050 Approved alterations and vacations.

A. After approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, to be processed in the same manner as set forth for final plats in NMC 17.45.140 and 17.50.130. All persons with an ownership or security interest in property to be altered must sign the altered plat.

B. Altered plats shall only alter or supersede the original plat in the specific ways approved by the director or city council. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.39.060), 1994; Ord. 20 § 1, 1994).

17.70.150 Changes to proposed or approved short plats.

A. Applicant-generated modifications or requests for revision(s) which are not made in response to staff review or public appeal which result in substantial changes as determined by the department that may include creation of additional lots or elimination of recreation space requirements shall be treated as new applications for purposes of vesting.

B. Applicant-generated proposals to create additional lots, eliminate recreation space or change conditions of approval on an approved preliminary short plat shall also be treated as a new application for purposes of vesting.

C. Proposals to amend an approved final short plat shall be treated as an alteration pursuant to the provisions of this chapter regarding alterations. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.030), 1994; Ord. 20 § 1, 1994. Formerly 17.35.030).