Chapter 11.20
VACATION OF PUBLIC RIGHTS-OF-WAY
Sections:
11.20.020 TERRITORIAL APPLICATION.
11.20.030 CONSTRUCTION - INTENT.
11.20.050 ESTABLISHING SUFFICIENCY OF SIGNATURES ON PETITIONS.
11.20.060 OWNERS RESPONSIBILITY TO NOTIFY OTHER PROPERTY INTERESTS.
11.20.070 PETITION FOR VACATION BY ABUTTING PROPERTY OWNERS.
11.20.080 CITY INITIATED VACATION.
11.20.090 LIMITATIONS ON VACATIONS WHICH ABUT BODIES OF WATER.
11.20.100 FIXING TIME FOR HEARING.
11.20.130 RECORDING OF VACATION ORDINANCE.
11.20.010 PURPOSE.
It is the purpose of this chapter to implement the requirements for the vacation of public rights-of-way in accordance with Chapter 35.79 RCW. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.020 TERRITORIAL APPLICATION.
This chapter and the procedures adopted hereunder shall be in effect throughout the City of Bremerton. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.030 CONSTRUCTION - INTENT.
A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder.
C. It is the specific intent of this chapter and any policies adopted hereunder to place the obligation of complying with the requirements of this chapter upon the applicant, and no provision is intended to impose any duty upon the City of Bremerton, or any of its officers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Bremerton, or its officers, employees or agents, for any injury or damage resulting from the failure of the applicant to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the City of Bremerton, its officers, employees or agents. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.040 DEFINITIONS.
"City" means the City of Bremerton, Washington.
"Department" means the Public Works and Utilities Department or other Department designated by the Mayor.
"Director" means the Director of Public Works and Utilities or his/her designated representative.
"Engineering Division" means the Engineering Division of the Department.
"Front footage" means the amount of property that abuts a right-of-way to be vacated as measured in lineal footage.
"Front footage basis" means the ratio of the front footage of one or more properties on a right-of-way to be vacated to the total front footage of the right-of-way to be vacated.
"Owner" means one who has an interest in real estate or private property as listed in the records of the County Treasurer.
"Property" means real estate including any lot, tract or parcel or other subdivision of land.
"Right-of-way" means all public streets and property granted or reserved for, or dedicated to, public use for street and alley purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.050 ESTABLISHING SUFFICIENCY OF SIGNATURES ON PETITIONS.
A. Sufficiency of Signature. For the purpose of determining the sufficiency of signature(s) of owner(s) on the petition, or consent to vacate the following rules shall govern:
1. The signature of every owner of a property as determined by the records of the County Treasurer are necessary to bind that property.
2. In the case of ownership by a corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the said bylaws or said resolution, certified by the secretary of said corporation, granting such authority.
3. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property.
B. The City will rely upon the records of the County Treasurer to determine the owner(s) of a property. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.060 OWNERS RESPONSIBILITY TO NOTIFY OTHER PROPERTY INTERESTS.
It is the responsibility of the owner listed in the County Treasurer’s Records to notify other persons or entities who have interest in the property who are not listed with the County Treasurer’s Office of the proposed vacation. This may include, but not be limited to a mortgagor or contract vendor for purchase of the property. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.070 PETITION FOR VACATION BY ABUTTING PROPERTY OWNERS.
A. General. The owners of an interest in any property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council to make vacation. The petition application shall be filed with the Engineering Division. If the petition is signed by the owners of more than two-thirds of the property on a front footage basis abutting upon the part of such street or alley sought to be vacated, the council, shall by resolution, fix a time when the petition will be heard.
B. Petition application. To initiate a vacation by petition, the applicant must provide the following:
1. The petition signed by owners of more than two-thirds of the property, on a front footage basis, abutting upon the part of such street or alley sought to be vacated.
2. A legal description of the area sought to be vacated.
3. A scale drawing of the part of the street or alley sought to be vacated. The drawing shall show the right-of-way lines, location of any existing surface features such as curbs and gutters, catch basins or power lines, and the locations of existing underground features such as water lines or gas lines.
4. A letter from each utility company that describes any existing or future facilities in the area sought to be vacated and whether any easements are required to be provided prior to a vacation.
5. Payment of the application fee.
6. Any other information that may be required by the Director or as specified by this chapter or the policies adopted hereunder, including but not limited to a title report, a survey of the area sought to be vacated by a surveyor registered in Washington, or other information to clarify issues that may arise because of the proposed vacation.
C. Application reviewed. Upon receipt of the application to vacate a portion of the right-of-way, the City will review the accuracy and completeness of the application. The review will include, but not be limited to evaluating: the petition signatures, the legal description, the drawing and the utility letters. If the application is incomplete, the City shall notify the applicant of the errors or omissions and request the information necessary to complete the application. The information must be provided within sixty (60) days, unless otherwise extended by the City, or the application shall be considered terminated.
D. Staff report. When the application review is complete the City will prepare a draft staff report on the proposed right-of-way vacation that provides information and a recommendation on issues that the council must make a determination on in the hearing, the amount of compensation to be paid to the City, and any easements that must be retained.
E. Applicant notification for hearing. The City will notify the applicant that the application is considered complete and provide a copy of the draft staff report. Should the applicant elect to proceed, the compensation for the area sought to be vacated shall be paid to the City prior to establishing a hearing date. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.080 CITY INITIATED VACATION.
A. The City Council may initiate a vacation by adopting a resolution. The same resolution may fix the vacation hearing time.
B. Objections. Where the vacation proceeding is initiated by resolution of the council without a petition of the abutting property owners, if 50 percent of the abutting property owners file written objection to the proposed vacation with the City Clerk prior to the time of the hearing, the City Council shall be prohibited from proceeding with the vacation.
C. Fees waived. In the event that the City Council initiates a right-of-way vacation, fees shall not be required unless the council directs otherwise.
D. Compensation waived. In the event that the City Council initiates a right-of-way vacation, compensation shall not be required unless the City Council directs otherwise. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.090 LIMITATIONS ON VACATIONS WHICH ABUT BODIES OF WATER.
The City shall not vacate a street or alley, or any portion of a street or alley which abuts a body of salt or fresh water without first complying with the requirements for the vacation of such as set forth in RCW 35.79.035 as presently enacted or subsequently amended. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.100 FIXING TIME FOR HEARING.
Upon meeting all requirements of the application for a petition to vacate or passage of a resolution for City-initiated vacation by the City Council, the City Council shall by resolution fix a time when the hearing on the proposed vacation will be heard. The hearing shall not be more than sixty (60) days or less than twenty (20) days after the date of passage of such resolution. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.110 NOTICE OF HEARING.
Upon passage of the resolution fixing the time for a public hearing, the City Clerk shall cause a written notice of the pendency of the petition to be posted, at least twenty (20) calendar days prior to the date set for hearing, in three public places in the City and a like notice to be posted in a conspicuous place on that portion of the street or alley sought to be vacated. Copies of such notice shall be mailed, at least 15 calendar days prior to the date of hearing, to each owner of property abutting the right-of-way proposed to be vacated, including the petitioners at a local address if a resident of the city, otherwise to the last address showing on the records of the County Auditor. Said notice shall contain a statement in that the City Council has set a hearing on a proposal to vacate the portion described in the notice together with a statement of the time and place fixed for the hearing of the petition and inviting interested persons to appear and be heard for or against the granting thereof or to submit written comment prior to that date. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.120 HEARING.
A. Hearing. At the time appointed for the hearing of the vacation petition or resolution, or at such time as the same may be adjourned to by the City Council, the matter shall be considered and persons desiring to speak for or against the vacation thereof shall be heard. Following such hearing, the City Council shall determine:
1. Whether the street, alley or portion thereof is no longer required for public use; and vacation of the described portion will better serve the public good; and
2. Whether the vacation is consistent with the City Comprehensive Plan; and
3. Whether the continued use of the proposed vacation as a public way is not of such public benefit as not to justify the cost of maintenance; and
4. Whether the substitution of a new and different thoroughfare would be more useful to the public; and
5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists; and
6. Whether objections to the proposed vacation are made by owners of private property (exclusive or petitioners) abutting the same.
B. Public comments on vacations. The City Council shall consider public comments for or against the vacation in their deliberations on the vacation.
C. Granting vacations. At the conclusion of the hearing and based upon the information in the staff report and the public comment, the City Council shall take one of the following actions:
1. Vacate the street or alley or any portion thereof as described in the original vacation resolution.
2. Deny the request for the vacation.
3. Adjust the area described in the original vacation resolution, provided it is within the originally proposed area to be vacated.
D. In addition to the actions listed in C above, the City Council may:
1. Impose other conditions on limitations as it deems necessary to preserve any desired public use.
2. Retain an easement or the right to exercise and grant easements on the vacated land for the construction, repair and maintenance of public utilities and services. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.130 RECORDING OF VACATION ORDINANCE.
The City Clerk shall cause the recording of a vacation ordinance granted by City Council after all conditions set by the City Council have been satisfactorily met. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.140 COMPENSATION.
A. Classifications of rights-of-way for purpose of compensation. For purposes of this chapter, all rights-of-way within the City primarily used or reserved for use as public ways, including streets and alleys, are declared to be within one of the following classes:
1. Class I - Rights-of-way in which the City holds fee simple title;
2. Class II - Rights-of-way in which the interest of the City is limited to a public easement or right of use for particular purposes which has substantial public improvements in any portion of the right-of-way;
3. Class III - Rights-of-way in which the interest of the City is limited to a public easement or right of use for particular purposes which are generally improved and for which no public funds have been expended in the acquisition or providing improvements.
B. Amount of compensation. The amount of compensation required to be paid to the City, as a condition precedent to the vacation of a public way shall be determined according to the following criteria:
1. Class I rights-of-way shall be considered a sale of a capital asset and shall be compensated for at 100 percent of its appraised value.
2. Class II rights-of-way shall be compensated for in the amount not to exceed 50 percent of the appraised value of said property.
3. Class III rights-of-way shall not require compensation in excess of fees associated with vacation.
C. Determination of value for compensation. The compensation for the vacated property shall be determined by one of the following methods at the discretion of the applicant;
1. The average property value in the County Assessor’s records of the abutting properties weighted on a front footage basis.
2. The applicant can provide an appraisal of the property. The appraiser must be a certified appraiser agreeable to the City. If an appraisal is performed it must be used for the determination of compensation.
D. Property in lieu of payment. In lieu of payment for monetary compensation, the petitioners may grant or dedicate to the City for street or other purposes, real property useful for that purpose where the property to be acquired by such exchange has an appraisal value at least equal to the amount of cash compensation that would otherwise be required. The City shall not be obligated to accept such an exchange and the decision of the Director on the acceptability of the alternate property offered shall be final.
E. Waiving compensation - other governmental agencies. Where vacation or transfer of a public way is applied for by or on behalf of another governmental agency or jurisdiction, the City Council may waive any compensation required by this chapter and may also waive filing fees, if the City Council deems such a waiver to be to the public’s interest and advantage. A transfer or vacation or property in which compensation has been waived under this section shall be accompanied by a covenant providing that the City shall be compensated for the fair market value of the interest conveyed or vacated at the time of any future sale or lease of the subject property by said other governmental agency.
F. Compensation returned. If the City Council denies the petition for vacation, the compensation deposited with the City will be returned to the applicant, without interest. (Ord. 4664, Repealed & Replaced, 09/05/1999)
11.20.150 FEES.
A non-refundable fee for accepting and processing right-of-way vacation applications and any separate direct charges shall be set forth in a fee schedule adopted by the City Council. Fees and charges pursuant to this section may be increased or decreased by the City Council on the Mayor’s recommendations in accordance with the changes in costs incurred by the City. (Ord. 4664, Repealed & Replaced, 09/05/1999)