Chapter 14.20
SUBDIVISION—PROCEDURE

Sections:

14.20.010    Simultaneous review.

14.20.020    Preapplication procedure.

14.20.030    Subdivision application—Requirements.

14.20.040    Preliminary plat preparation.

14.20.050    Preliminary plat contents.

14.20.060    Determination of complete application.

14.20.070    Open record public hearing date established.

14.20.080    Notice of open record public hearing.

14.20.090    Notice to affected agencies and departments.

14.20.100    Review by city of Yakima planning commission or hearing examiner—Recommendation required.

14.20.110    Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval.

14.20.120    Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval.

14.20.130    Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat.

14.20.140    Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat.

14.20.150    Maintenance bond.

14.20.160    Preliminary plat—Expiration of approval—Extension—Conditions.

14.20.170    Preliminary plats—Offers and agreement to sell lots.

14.20.180    Final plat—Submission for approval required—Copies—Fees.

14.20.190    Final plat—Preparation.

14.20.200    Final plat—Conformance with preliminary plat approval.

14.20.210    Final plat—Requirements.

14.20.220    Final plat approval.

14.20.230    Final plat—Recording.

14.20.240    Final plat—Alterations, vacations.

14.20.250    Final plat—Street vacations.

14.20.260    Plat vacation—Requirements for complete application.

14.20.270    Plat vacation—Criteria for approval.

14.20.280    Plat alteration—Requirements for complete application.

14.20.290    Plat alteration—Criteria for approval.

14.20.010 Simultaneous review.

Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.020 Preapplication procedure.

A subdivision applicant may first prepare and submit a preapplication drawing of the proposed subdivision showing the proposed layout of the lots, streets, and utilities. The administrator shall then schedule an informal meeting with the subdivision applicant and the design services team (DST) to review the proposal. Based upon information acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.030 Subdivision application—Requirements.

A.    A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city office of environmental planning.

B.    Each subdivision application shall include the following:

1.    A written application on a form provided by the planning division and signed by the land owner, owners, or authorized agent.

2.    A current preliminary land title commitment.

3.    Twenty copies of the proposed preliminary plat of the property, prepared according to the requirements of YMC 14.20.050.

4.    A nonrefundable application fee according to the current fee schedule adopted by city council.

5.    A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA) and YMC Chapter 6.88 together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.040 Preliminary plat preparation.

The proposed preliminary plat shall be prepared by a land surveyor registered in the state of Washington. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.050 Preliminary plat contents.

The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred feet or larger and shall be at least eighteen inches by twenty-four inches in size. It shall show:

A.    All existing lots or parcels included in the proposed subdivision.

B.    The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County.

C.    An accurate and complete legal description of the proposed subdivision.

D.    Scale, north arrow, and date.

E.    Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets.

F.    Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the lots within the proposed subdivision and their point(s) of connection with existing services.

G.    Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land.

H.    Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature.

I.    Parcels of land intended or required to be dedicated for streets or other public purposes.

J.    Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Yakima datum if available. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.060 Determination of complete application.

Upon receiving a subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. If the application is not complete, the administrator will notify the applicant of such determination and what is necessary to make the application complete. Within fourteen days after an applicant has submitted additional necessary information, the administrator shall determine whether or not the application is complete and notify the applicant accordingly. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.070 Open record public hearing date established.

When the administrator determines that a complete subdivision application has been submitted, the administrator shall set a date for an open record public hearing on the application before the city of Yakima planning commission or the hearing examiner. The administrator may establish deadlines for submittal of applications prior to regular monthly planning commission or hearing examiner hearing dates; however, the hearing date shall not be set more than sixty days, nor less than twenty days, from the date that an application is determined to be complete. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.080 Notice of open record public hearing.

A.    The city shall give notice of the open record public hearing before the city of Yakima planning commission or the hearing examiner as follows:

1.    By publication of notice at least once, not less than ten calendar days prior to the hearing, in a newspaper of general circulation within Yakima County and a newspaper of general circulation in the area where the real property to be subdivided is located.

2.    At least ten calendar days before the date of the open record public hearing, notice of the hearing shall be sent by first class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet of: (1) the land proposed to be subdivided, and (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided.

3.    Additional notice of such hearing shall be given to the board of Yakima County commissioners and the Yakima County planning department upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city of Yakima.

4.    Additional notice of such hearing shall be given to the Washington State Department of Transportation upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway.

B.    The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may either be a postcard format or letter size paper. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 2, 2010: Ord. 98-65 § 2 (part), 1998).

14.20.090 Notice to affected agencies and departments.

Upon determining that a subdivision application is complete, the administrator shall, when determined appropriate to do so, notify the following agencies and departments of the date, hour, and location of the public hearing, together with a copy of the preliminary plat:

A.    City director of public works;

B.    City office of code enforcement;

C.    City office of engineering;

D.    Yakima County clean air authority;

E.    Appropriate irrigation district or company;

F.    Private water company;

G.    City fire department;

H.    City police department;

I.    Yakima health district;

J.    Yakima County department of public works;

K.    Affected school district;

L.    Local office of the Washington State Department of Ecology;

M.    Local office of the United States Soil Conservation Service;

N.    The office of any electrical distribution company servicing the area;

O.    The office of any telephone company servicing the area;

P.    The office of any natural gas company servicing the area;

Q.    Any other affected utility company or special district. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.100 Review by city of Yakima planning commission or hearing examiner—Recommendation required.

A.    The city of Yakima planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied:

1.    The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance;

2.    The proposed subdivision must be consistent with the city of Yakima’s comprehensive plan;

3.    The proposed subdivision must be consistent with the provisions of this title;

4.    As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for:

a.    Public health, safety, and general welfare;

b.    Open spaces;

c.    Drainage ways;

d.    Streets or roads, alleys, and other public ways;

e.    Transit stops;

f.    Potable water supplies, irrigation and other water suppliers;

g.    Sanitary waste disposal;

h.    Parks and recreation;

i.    Playgrounds;

j.    Schools and school grounds;

k.    Sidewalks;

l.    Other planning features that assure safe walking conditions for students who walk to and from school;

5.    Based upon standards in subsections (A)(1) through (A)(4) of this section, a finding that the public use and interest will be served by the approval of this subdivision.

B.    The city of Yakima planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.110 Preliminary plat—City council determination at public meeting—Procedure for change of recommendation—Time limitation for approval or disapproval.

A.    Upon receipt of the recommendation of the city of Yakima planning commission or the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and recommendation.

B.    The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral comments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing and the recommendation. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Only for good cause shown, as determined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the city of Yakima planning commission or the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the city of Yakima planning commission or the hearing examiner, (2) remand the matter back to the city of Yakima planning commission or the hearing examiner with appropriate directions, or (3) reverse or modify the city of Yakima planning commission’s or the hearing examiner’s recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the recommendation to approve or disapprove the preliminary plat, it may adopt the findings, conclusions, and recommendation. If the city council rejects the recommendation, it shall adopt appropriate findings and conclusions.

C.    A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection.

D.    Each preliminary plat of a proposed subdivision and any associated dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.120 Preliminary plat—Factors to be considered by city council—Findings—Conditions of approval.

A.    The city council shall review the proposed subdivision and the recommendations and findings of the city of Yakima planning commission or the hearing examiner. If city council determines the standards of this section are satisfied, then it shall approve the preliminary plat. If city council determines that the standards of this section have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat.

B.    The city council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The city council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the city council covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the Washington State Department of Ecology.

C.    The city council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, city council may require a waiver of the right of direct access to any street from any property.

D.    The city council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.20.130 Preliminary plat—Allowance of bond in lieu of actual improvements prior to approval of final plat.

A.    As an alternative to construction of required improvements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements.

B.    The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements.

C.    An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city engineer and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing.

D.    After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivision applicant shall submit the bond or other method of security to the city engineer for final review and approval. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.121).

14.20.140 Preliminary plat—Creation of local improvement district in lieu of actual improvements prior to approval of final plat.

In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefor made by the owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.130).

14.20.150 Maintenance bond.

A.    The subdivision applicant shall file with the city engineer a maintenance bond or propose some other method of security providing for and securing to the city of Yakima the successful operation of required improvements for one year and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period.

B.    The amount and conditions of the maintenance bond or other method of security shall be subject to approval by the city engineer and city attorney. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.140).

14.20.160 Preliminary plat—Expiration of approval—Extension—Conditions.

A.    Approval of preliminary plats of proposed subdivisions shall expire in accordance with the timelines below from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the submission timeline. The timeline to submit a final plat is as follows:

1.    Seven years if the date of preliminary plat approval is on or before December 31, 2014.

2.    Five years if the date of preliminary plat approval is on or after January 1, 2015.

3.    Ten years if the project is located within city limits, not subject to the Shoreline Management Act, and the preliminary plat is approved on or before December 31, 2007.

B.    The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the original recommendation.

C.    Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision’s compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.150).

14.20.170 Preliminary plats—Offers and agreement to sell lots.

An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval that is not expressly conditioned on the recording of the final plat containing the lot violates this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.155).

14.20.180 Final plat—Submission for approval required—Copies—Fees.

A.    A final plat of a proposed subdivision may be submitted for approval by the administrator by filing the proposed final plat with the planning division within five years from the date of approval of the preliminary plat or within the time provided as an extension granted by the city council.

B.    Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 2017-030 § 1, 2017; Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.160).

14.20.190 Final plat—Preparation.

A.    Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him.

B.    The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW Chapter 58.09) as it now exists or is hereafter amended.

C.    The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision.

D.    Permanent survey monuments, as defined in YMC Chapter 14.10, shall be placed at all lot corners and street intersections. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.170).

14.20.200 Final plat—Conformance with preliminary plat approval.

A proposed final plat must conform to the conditions of preliminary plat approval. The administrator may approve a proposed final plat which, because of unforeseen technical or engineering problems, involves minor deviations from the preliminary plat. (Ord. 2017-030 § 2, 2017: Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.180).

14.20.210 Final plat—Requirements.

Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be eighteen inches by twenty-four inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator:

A.    Date, north arrow and scale.

B.    Name of the subdivision.

C.    Accurate and complete legal description of the subdivision on the face of the final plat.

D.    A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections.

E.    Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves.

F.    Notation and description of any protective improvements or dedications required by the city council or otherwise provided.

G.    Reference to any recorded subdivision or short subdivision adjoining the subdivision.

H.    Name and right-of-way width of each street or other right-of-way.

I.    Location, dimensions, and purpose of any easements.

J.    Number to identify each lot and block.

K.    Addresses for each lot within the plat.

L.    Purpose for which sites, other than residential lots, are dedicated or reserved.

M.    Certificate by the professional surveyor certifying to the accuracy of the survey and plat in substantially the following form:

I, ________________________, a Professional Land Surveyor, do hereby certify that the plat of _______________________________ is based upon an actual survey and subdivision of Section _____, Township _____, Range _____, that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat.

________________________________________

(Surveyor’s signature and seal)

N.    Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by YMC 14.15.090(I).

O.    If the subdivision lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:

The property described hereon is wholly or in part within the boundaries of the _________________________ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.

P.    Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semi-private, or public use.

Q.    The signature of the city engineer or other licensed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivision applicant has either:

1.    Completed all improvements in accordance with these regulations and with the action of the city council; or

2.    Submitted a bond or other method of security in accordance with the provisions of YMC 14.20.130 sufficient to assure completion of all required improvements.

R.    A space for the signature of the administrator certifying that the final plat conforms to the conditions of approval for the preliminary plat. (Ord. 2017-030 § 3, 2017: Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.190).

14.20.220 Final plat approval.

Upon receipt of a final plat meeting the requirements of YMC 14.20.210, the administrator shall review the final plat and shall approve the final plat if the administrator determines that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of YMC Title 14 as they existed when the preliminary plat was approved. The administrator shall evidence final plat approval by signing the final plat in accordance with YMC 14.20.210. (Ord. 2017-030 § 4, 2017: Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.200).

14.20.230 Final plat—Recording.

All final plats approved by the administrator shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor’s office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of any building permits. (Ord. 2017-030 § 5, 2017: Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.210).

14.20.240 Final plat—Alterations, vacations.

A.    The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 58.17.

B.    All petitions for plat alterations or vacations, except as provided for in YMC 14.05.160 and 14.05.170, shall be submitted on forms provided by the planning division and shall be reviewed by the hearing examiner at an open record public hearing. YMC 1.43.080(D) delegates to the hearing examiner final authority on plat alterations. The final amended plat will be prepared in accordance with the hearing examiner’s decision and submitted to the hearing examiner or administrator for signature. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.220).

14.20.250 Final plat—Street vacations.

A.    The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H).

B.    All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action.

C.    The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right-of-way in accordance with the current city council policy on said compensation. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2013-033 § 2 (Exh. B), 2013: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.230).

14.20.260 Plat vacation—Requirements for complete application.

An applicant for a plat vacation shall submit the following items and information:

A.    The reasons for the proposed vacation;

B.    Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

C.    If the subdivision is subject to any covenants which were filed when the subdivision was approved, and whether the proposed vacation would result in the violation or failure of any such covenant, the application shall include 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 proposed vacation of the subdivision or portion thereof;

D.    A copy of the approved plat proposed to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.240).

14.20.270 Plat vacation—Criteria for approval.

A.    Approval. The hearing examiner shall render the final decision on proposed plat vacations. The hearing examiner’s decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures.

B.    Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner finds that the public use would not be served by retaining the public interest in such land.

C.    Vacation of Streets or Other Public Rights-of-Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city’s street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street or other public right-of-way may be vacated contrary to the provisions of RCW Chapter 35.79 or the city’s street vacation ordinance.

D.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement holder, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.250).

14.20.280 Plat alteration—Requirements for complete application.

An applicant for a plat alteration shall submit the following:

A.    Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;

B.    If the subdivision is subject to restrictive covenants 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 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;

C.    A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.260).

14.20.290 Plat alteration—Criteria for approval.

A.    Approval. The hearing examiner shall render the final decision on proposed plat alterations. The hearing examiner’s decision may be appealed to the city council. See YMC Chapter 14.50 for appeal procedures.

B.    Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. 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, 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.

C.    Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the hearing examiner’s decision and submitted to the hearing examiner or administrator for signature, after which, it shall be filed with the county auditor to become the lawful plat of record. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.20.270).