Chapter 17.90
PLAT ALTERATIONS AND VACATION
Sections:
17.90.020 Alteration of recorded land division.
17.90.030 Vacation of recorded land division.
17.90.010 Purpose.
The purpose of this chapter is to provide the procedures to alter or vacate recorded final subdivisions, recorded short subdivisions, and recorded binding site plans. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.90.020 Alteration of recorded land division.
A. Plat alterations are required when a property owner wishes to make any change to a recorded final subdivision, recorded short subdivision or recorded binding site plan. An alternative to the plat alteration process described herein is to submit a new application for the subdivision, or through a boundary line adjustment if appropriate. This process cannot be used to create additional lots, tracts or parcels.
B. Application Requirements. A completed plat alteration application and application fee, with a drawing showing the details of the alteration, shall be submitted.
1. The application shall contain signatures of the majority of those persons having an ownership interest of lots, parcels, sites, tracts, or divisions in the subject subdivision or portion to be altered.
2. If the subdivision is subject to restrictive covenants that were filed at the time of the subdivision, and the application for alteration 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 of the subdivision or portion thereof.
3. Easements established by a dedication are property rights that cannot be extinguished or altered without the written and filed approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.
C. Notice of Application Required. A notice of application shall be provided to all owners within the subdivision and to property owners within three hundred feet from the subdivision, posted on the property in three locations, and published in a paper of general circulation.
D. Public Hearing Required. The review authority shall conduct a public hearing on the application for a subdivision alteration. A public hearing notice shall be prepared and distributed as set forth in subsection C of this section. The notice of application and public hearing notice may be combined; provided, that it is distributed no less than fourteen days prior to the public hearing.
E. Decision Criteria. The review authority shall approve, approve with conditions, or deny an alteration. The decision shall be in writing and shall include findings and conclusions based on the record to support the decision.
1. The proposed alteration complies with this title and other applicable city requirements.
2. The proposed alteration will serve the public interest or use.
3. The proposed 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.
F. Assessments. 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 or parcels or be levied equitably on the lots resulting from the alteration.
G. Revised Plat Drawing. After approval of the alteration, the applicant shall produce a revised plat drawing titled “Alteration of (insert subdivision/project name)” showing the entire subdivision or portion thereof being altered. The altered plat shall include a note indicating the nature of the alteration. The new drawing shall be submitted to the city for signatures. After recording, the applicant shall submit a copy of the recorded alteration drawing to the city. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.90.030 Vacation of recorded land division.
A. Plat vacations are required whenever a property owner wishes to vacate, or a portion thereof, a recorded final subdivision, short subdivision or binding site plan. For purposes of this section, “vacation” shall mean rendering the plat, or portion, null and void and no longer platted.
B. Application Requirements. A completed plat vacation application for vacation of all or any portion of a subdivision shall be submitted. The applicant shall set forth the reasons for vacation, and the application shall contain signatures of all parties having an ownership interest in that portion to be vacated.
1. If the subdivision is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the 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 vacation.
C. When the vacation application is specifically for a city street or right-of-way, the procedures for street vacation in Chapter 35.79 RCW shall be utilized. When the application is for the vacation of the plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030.
D. Notice of Application Required. A notice of application shall be provided to all owners within the subdivision and to property owners within three hundred feet from the subdivision, posted on the property, and published in a paper of general circulation.
E. Public Hearing Required. The review authority shall conduct a public hearing on the application for a subdivision vacation. A public hearing notice shall be prepared and distributed as set forth in subsection D of this section. The notice of application and public hearing notice may be combined; provided, that it is distributed no less than fourteen days prior to the public hearing.
F. Decision Criteria. The review authority shall approve the application for vacation for the subdivision or approve the application with conditions if it determines that the public use and interest will be served by the vacation. The review authority shall deny the application for vacation if it finds that the public use and interest will not be served by the alteration.
G. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the review authority adopts written 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 review authority 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 review authority. When the street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)