Chapter 16.07
MODIFICATIONS, AMENDMENTS AND LEGAL PROVISIONS
Sections:
16.07.020 Procedure for alteration of approved subdivisions.
16.07.030 Procedure for vacation of subdivision.
16.07.010 Modifications.
A modification, as defined in this title, may be granted by the Town Council after public hearing as specified in WMC 16.02.060 and 16.02.070, and after review and recommendations provided by the Town Engineer, Planning Director, and Planning Commission, in individual cases applicable to specific properties, subject to the following:
Any decision granting or denying a modification request shall be in writing and supported by findings of fact and conclusions which address the criteria for modification as follows:
A. The Town Engineer certifies that the modification is consistent with sound engineering principles and it will be safe, practical and efficient.
B. There will be no significant adverse impact to neighboring property nor the general public as a result of the modification.
C. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns, or other conditions which justify departure from strict adherence to the standard to be modified.
D. The modification is not contrary to the purpose section of this title or to any policy or provision of the Wilkeson Comprehensive Plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.
Conditions may be required to protect the public interest to achieve compliance with the Comprehensive Plan and to mitigate any adverse impacts resulting from approval of the modification. [UDC Ord. dated 7/21/1998].
16.07.020 Procedure for alteration of approved subdivisions.
When any person is interested in the alteration of any subdivision or short plat or the altering of any portion thereof, except for those alterations specifically exempted by this title in WMC 16.01.050, that person shall submit an application to request the alteration to the Planning Director for consideration by the Town Council. The application shall contain signatures of the majority of persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion thereof to be altered. 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 would result in the violation of a covenant, the application shall contain an agreement 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.
Upon receipt of an application for alteration, the Town Council shall provide notice of the application to all owners of property within the subdivision, and as provided for in WMC 16.02.060 and 16.02.070. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen (14) days of receipt of the notice.
The Town Council shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If the land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
After approval of the alteration, the Town Council shall order the applicant to produce a revised drawing of the approved alteration of the final plat, which after signature by the Town Council shall be filed with the County Auditor to become the lawful plat of the property. This section shall not be construed as applying to the alteration or replotting of any plat of State-granted tide or shore lands. [UDC Ord. dated 7/21/1998].
16.07.030 Procedure for vacation of subdivision.
Whenever any person is interested in the vacation of any subdivision or short plat or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the Planning Director for consideration by the Town Council. The application shall set forth the reasons for vacation and shall contain the signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of subdivision approval, and the application for 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 of the subdivision or portion thereof.
When the vacation application is specifically for a Town street the procedures for road or street vacation in Chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.050, and vacations of roads may not be made that are prohibited under RCW 36.87.130.
The Town Council shall give notice of public hearing and shall conduct a public hearing on the application for vacation as specified in WMC 16.02.060 and 16.02.070. The Town Council may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the Town, shall be deeded to the Town unless the Town Council shall set forth findings that the public use would not be served in retaining title to those lands.
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 Town Council 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 Town Council. When the road or 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 be with the owner or owners of property contained within the vacated subdivision. This section shall not be construed as applying to the vacation of any plat of State-granted tide or shore lands. [UDC Ord. dated 7/21/1998].
16.07.040 Amendment.
The provisions of this title may be amended by the Town Council after holding a public hearing and after review and recommendation by the Planning Commission. [UDC Ord. dated 7/21/1998].