Chapter 16.135
MODIFICATIONS, AMENDMENTS AND LEGAL PROVISIONS*
Sections:
16.135.020 Procedure for alteration or vacation of approved subdivisions.
16.135.030 Modification to adopted standards.
* Prior ordinance history: Ord. 95-769.
16.135.010 Modifications.
Modifications to an approved preliminary plan prior to final plat approval and recording may be approved consistent with this section. For the purposes of this section “modification” shall mean any change to an approved preliminary plat decision.
A. Modifications that result in an increase in density or a change in design that impacts abutting properties shall be considered a Type III action and require notice and review by the hearing examiner. All other modification requests will be processed administratively as either a Type I or Type II land use action as determined by the planning director pursuant to Chapter 17.200 BGMC.
B. A modification granted by the hearing examiner or the planning director for individual cases applicable to specific properties shall be subject to the following:
1. 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. There will be no significant adverse impact to neighboring property nor the general public as a result of the modification.
b. The modification is not contrary to the purpose section of this title or to any policy or provision of the Battle Ground comprehensive plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.
c. The modification is consistent with the adopted standards.
C. 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. (Ord. 04-023 § 12, 2004: Ord. 99-008 § 1(I) (part), 1999)
16.135.020 Procedure for alteration or vacation of approved subdivisions.
A. Purpose. The purpose of this section is to provide procedures and criteria for the alteration and vacation of recorded plats and short plats consistent with state law (RCW 58.17.215, 58.17.217). No recorded short plat or subdivision shall be changed in any respect, except as processed and approved through this section. This process cannot be used to create additional lots, tracts or parcels.
B. Process—Preliminary Approval. Preliminary approval of a plat alteration shall be considered a Type II application pursuant to Chapter 17.200 BGMC providing the following:
1. A public hearing shall be required for alteration proposals if a hearing is requested by any person within twenty-one days from the date the public comment period began or if the department determines that the public hearing is within the public interest. Where a public hearing is requested or required, the department shall consider the application a Type III process and refer the application to the hearing examiner for consideration. Notices required pursuant to BGMC 17.200.120 shall include language notifying the public of the alternative hearing process provided for by this section.
2. If a public hearing is not requested for a proposed alteration, the responsible official is delegated the authority to review and approve with conditions or deny the application for preliminary approval. The final revised drawing or other alteration, if approved, shall be processed through the city’s final plat application.
3. All applications for vacation of a recorded plat shall be considered Type III applications.
4. In addition to the notice requirements of BGMC 17.200.065, notice of the proposed alteration or vacation shall include all property owners holding an interest in the entire subdivision to be altered, including all phases.
C. Final Approval. Within five years of the date of preliminary approval of the vacation or alteration, the applicant shall submit for final plat approval through the final plat process of Chapter 16.120 BGMC. If the nature of the plat alteration is minor, the review authority may set appropriate conditions and processes for final review and recording of the alteration at the time of preliminary approval.
D. Submittal Requirements. The applicant for a plat alteration or vacation shall submit the requirements of BGMC 16.120.040.
E. Approval Criteria for Plat Alterations and Vacations.
1. The review authority may approve plat alteration request if the following criteria are met:
a. The plat alteration is within the public interest; and
b. The approval criteria in Chapter 16.125 BGMC, as applicable to the proposed plat alteration, are met; and
c. The approval of the plat 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. Limitations.
1. If the plat or portions of the plat contain restrictive covenants which were filed with the plat and the proposed alteration appears to be in the violation of a covenant, the applicant shall obtain an agreement signed by all parties to the covenant providing that all parties agree to alter or revoke the covenants specified in the application.
2. If any land within the alteration contains a dedication to the general use of the persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. (Ord. 21-10 § 3, 2021; Ord. 15-04 § 21, 2015: Ord. 99-008 § 1(I) (part), 1999)
16.135.030 Modification to adopted standards.
To provide opportunities for unique development designs and the ability to accommodate site constraints, the hearing examiner through a Type III process may consider modifications to the adopted standards of this title if the applicant demonstrates that all of the following criteria are met:
A. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified; and
B. That the modification is consistent with sound engineering principles and it will be safe, practical and efficient; and
C. That the proposed modification is consistent with the intent and purpose of the standard being modified; and
D. That the proposed modification is consistent with the goals and policies of the comprehensive plan. (Ord. 04-023 § 13, 2004)