Chapter 12.135
VACATIONS OF STREETS AND ACCESS EASEMENTS
Sections:
12.135.030 Initiation of proceedings.
12.135.040 Petition for vacation brought by abutting property owners.
12.135.050 Council resolution for vacation.
12.135.060 Date of public hearing.
12.135.070 Public notification of hearing.
12.135.080 Objection by property owners.
12.135.090 Vacation of waterfront streets.
12.135.100 Vacation file content and availability.
12.135.110 Public hearing procedures.
12.135.120 Criteria for granting street vacation.
12.135.130 Right to reserve easements.
12.135.150 Title to vacated street or alley.
12.135.160 Vested rights not affected.
12.135.170 City use of revenue.
12.135.010 Purpose.
This chapter establishes the procedures, notice requirements, fees, and criteria for granting the vacation of public streets, public alleys, and other types of public easements relating to street, pedestrian, or travel purposes within the city in conformance with the authority granted to the city by Chapter 35.79 RCW. (Ord. 21-07 § 3, 2021)
12.135.020 Applicability.
This chapter applies to requests for vacation of public streets, public alleys, and public easements relating to street, pedestrian, or travel purposes. This chapter shall not apply to vacation or termination of any other types of public easements. As used in this chapter, the term “subject property” means the public street, public alley, or public easement, or portions thereof, sought to be vacated. (Ord. 21-07 § 3, 2021)
12.135.030 Initiation of proceedings.
A vacation may be initiated by:
A. The city council of the city of Battle Ground; or
B. The owners of more than two-thirds of the property abutting the part of the public street or public alley to be vacated, or, in the case of a public easement relating to street, pedestrian, or travel purposes, the owners of two-thirds of the property underlying the portion of the easement to be vacated. (Ord. 21-07 § 3, 2021)
12.135.040 Petition for vacation brought by abutting property owners.
A. The owners of an interest in any real estate abutting upon any public street, public alley, or underlying any public easement governed by this chapter, may petition the city council for vacation of the subject property.
B. The applicant(s) shall apply for a vacation by submitting the following:
1. A completed street vacation application on the form provided by the public works department. This application shall include all of the following attachments:
a. A petition for street vacation on the form provided by the public works department;
b. Tax statement for all properties involved in the vacation;
c. Proof of ownership documentation for all properties involved;
d. A narrative describing what is being requested with the vacation;
e. A plan of the proposed vacation;
f. A legal description of the area to be vacated prepared by a licensed surveyor;
g. Legal descriptions for the revised lots prepared by a licensed surveyor;
h. An appraisal, prepared by a qualified, independent appraiser, for the area to be vacated;
i. Any additional information or material that the city engineer determines is reasonably necessary for the city council to consider the requested vacation.
2. The vacation application fee in an amount to be established by the city to defray the administrative costs incurred in processing the petition and publishing, posting, and mailing notices. The set amount shall be stated on the city of Battle Ground fee schedule. Once the vacation application fee has been paid, the fee shall not be refunded.
C. The completed street vacation application along with all required attachments as outlined in subsection B of this section shall be filed with the city clerk, and the petition included therein shall be signed by the owners of more than two-thirds of the property abutting on the public street or public alley (based on front footage), or underlying the public easement (based on square footage). The vacation application fee shall be paid in full at the time of filing with the city clerk. (Ord. 21-07 § 3, 2021)
12.135.050 Council resolution for vacation.
The city council may initiate, by resolution, vacation procedures. The resolution shall contain a legal description of the subject property. The resolution for the street vacation shall be filed with the city clerk. (Ord. 21-07 § 3, 2021)
12.135.060 Date of public hearing.
Upon receiving a complete application for vacation, or upon passage of a resolution by the city council seeking vacation, the city council shall, by resolution, fix a time when the city will hold a public hearing on the proposed vacation. The hearing will be not more than sixty days nor less than twenty days after the date of passage of the resolution scheduling the public hearing. (Ord. 21-07 § 3, 2021)
12.135.070 Public notification of hearing.
A. Content. The city engineer shall prepare a public notice containing the following information:
1. A statement that a request to vacate the subject property will be considered by the city council;
2. A statement of the time and place of the public hearing before the city council;
3. A location description in nonlegal language along with a vicinity map that identifies the subject property proposed to be vacated;
4. A statement that the vacation file is available for viewing at Battle Ground City Hall; and
5. A statement of the right of any person to submit written comments to the city council prior to or at the public hearing and to appear before the city council at the hearing to give comments orally.
B. Distribution of Notice of Hearing. At least twenty calendar days before the public hearing, the city engineer shall distribute the public notice as follows:
1. A copy will be sent, by mail, to the owner of each piece of property within five hundred feet of any boundary of the subject property;
2. A copy will be sent, by mail, to each resident living immediately adjacent to or on the subject property;
3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required;
4. At least two copies will be posted in conspicuous public places in the city;
5. A copy will be posted on the subject property in the manner set out in subsection C of this section.
C. Public Notice Sign. The city engineer shall provide for and erect public notice signs at least twenty calendar days before the public hearing. (Ord. 21-07 § 3, 2021)
12.135.080 Objection by property owners.
If fifty percent or more of the abutting property owners file written objections to the city council initiated vacation with the city clerk prior to the time of hearing, then the city shall be prohibited from proceeding with the public hearing or granting the vacation. The calculation of the fifty percent threshold under this section shall be based on front footage, in the case of streets and alleys, and square footage of the easement area in the case of public easements. (Ord. 21-07 § 3, 2021)
12.135.090 Vacation of waterfront streets.
A. The city shall not vacate a public street, public alley, or public easement governed by this chapter if any portion of the subject property abuts a body of fresh or salt water unless:
1. The vacation is sought to enable the city to acquire the subject property for port purposes, beach or waterfront access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
2. The city council, by resolution, declares that the subject property is not presently being used as a public street, public alley, or public easement and that the subject property is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought to enable the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the subject property abuts, had the subject property included in the plan not been vacated.
B. Before adopting a resolution vacating subject property under subsection (A)(2) of this section, the city shall:
1. Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the subject property;
2. Conduct a study to determine if the subject property is suitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation or education;
3. Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the proposed hearing is posted conspicuously on the public street, public alley, or public easement to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and
4. Make a finding that the subject property is not suitable for any of the purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest.
C. No vacation under this section shall be effective until the fair market value has been paid for the subject property. Money received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 21-07 § 3, 2021)
12.135.100 Vacation file content and availability.
The city engineer shall compile a vacation file that contains all information pertinent to the proposed vacation. This file shall be a public record. It shall be available for inspection and copying in the public works department during regular business hours. (Ord. 21-07 § 3, 2021)
12.135.110 Public hearing procedures.
A. The city council shall hold a public hearing on each requested vacation. The hearing shall be open to the public. The city council shall make a complete electronic sound recording of each hearing.
B. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the vacation, or if the city council determines that it needs more information on the vacation. If, during the hearing, the city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given.
C. At the outset of the hearing, the public works director, or designee, shall provide an analysis of the requested vacation in relation to the provisions of this chapter. The public works director shall also make a recommendation on the requested vacation.
D. Any interested person may participate in the public hearing in either or both of the following ways:
1. By submitting written comments to the city council either by delivering the comments to the city clerk prior to the hearing or by giving the comments directly to the city council at the hearing; and
2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. 21-07 § 3, 2021)
12.135.120 Criteria for granting street vacation.
A. The decision on a vacation application is a legislative determination. The city council may, in its discretion, vacate a public street, public alley, or public easement governed by this chapter if it determines that vacation is in the public interest and that:
1. The public street, public alley, or public easement is not currently necessary for travel or other public street purposes, nor likely to be in the future; and
2. No property will be denied all access as a result of the vacation.
B. The city council may consider any other fact or issue it deems relevant when deciding whether to vacate a street, alley, or public easement. (Ord. 21-07 § 3, 2021)
12.135.130 Right to reserve easements.
In vacating a public street, public alley, or public easement governed by this chapter, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes:
A. Public utilities and services;
B. Pedestrian trail purposes; and
C. Any other type of easement relating to the city’s right to control, use, and management of rights-of-way. (Ord. 21-07 § 3, 2021)
12.135.140 Final decision.
A. Following the public hearing, the city council shall, by motion approve by a majority of the entire membership in a roll call vote, either:
1. Adopt an ordinance granting the vacation;
2. Adopt a motion denying the vacation; or
3. Adopt a resolution of intent to vacate stating that the city council will, by ordinance, grant the vacation if the applicant meets specified conditions within ninety days, unless otherwise specified in the resolution.
B. The city may require the following as conditions:
1. Monetary compensation to be paid to the city in an amount of up to one-half the appraised value for the subject property; provided, that compensation may be required in an amount of up to the full appraised value of the subject property if either of the following applies to the public street, public alley, or public easement:
a. It has been part of a dedicated public right-of-way for twenty-five years or more; or
b. The subject property or portions thereof were acquired at public expense.
2. The grant of a substitute public right-of-way, which has value as right-of-way at least equal to the subject property.
3. Any combination of subsections (B)(1) and (2) of this section; provided, that the total value of the combined conditions shall not total more than the maximum amount of monetary compensation allowed under subsection (B)(1) of this section.
4. The grant of easements per BGMC 12.135.130. If the granting of an easement is required, then the applicant shall be required to provide the legal descriptions for said easements and a signed easement form as provided by the public works department.
5. Any other conditions as deemed appropriate by city council and in the best interests of the city in granting the vacation.
C. Within five working days of the city council’s decision, the city engineer shall provide a copy of the notice of decision to the applicants. (Ord. 21-07 § 3, 2021)
12.135.150 Title to vacated street or alley.
If any public street, public alley, or public easement governed by this chapter is vacated by the city council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each, unless otherwise provided by law. (Ord. 21-07 § 3, 2021)
12.135.160 Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter. (Ord. 21-07 § 3, 2021)
12.135.170 City use of revenue.
One-half of the revenue received by the city as compensation for the subject property vacation must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. (Ord. 21-07 § 3, 2021)