Chapter 16.50
ALTERATIONS AND VACATIONS
Sections:
16.50.070 Application requirements.
16.50.010 Title.
This chapter shall be called “Alterations and Vacations.” (Ord. 1856 § 2 (Exh. B), 2018).
16.50.020 Application.
This chapter shall apply to alterations, modifications, and vacations of recorded plats and binding site plans as follows:
A. Public Streets and Roads. The provisions of this section shall not apply to vacation requests that are strictly limited to vacating a public street or road. In such cases the procedures for street vacation are set forth in chapter 35.79 RCW.
B. All Other Vacations. The provisions of this section shall apply to all other alteration and vacation applications, and to proposals involving the vacation or alteration of a plat or binding site plan, or a portion of a plat or binding site plan, together with streets or roads within the plat or binding site plan. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.030 Purpose.
The purpose of this chapter is to establish procedures and approval criteria for the alteration and vacation of recorded plats and binding site plans consistent with Washington State law (RCW 58.17.215 and 58.17.217). (Ord. 1856 § 2 (Exh. B), 2018).
16.50.040 Authority.
This chapter is adopted pursuant to chapters 36.70, 36.70.A, 36.70B, and 58.17 RCW and other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.050 Approval required.
No recorded plat or binding site plan shall be modified, vacated, or altered without city approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.060 Review process.
A. Short Subdivisions. Applications to alter a recorded short plat shall be processed in the same manner as new applications for short plat approval and shall require both preliminary and final approval.
B. Subdivisions. Applications to alter a recorded subdivision shall be processed in the same manner as new applications for subdivision approval and shall require both preliminary and final approval.
C. Binding Site Plans. Applications to alter a recorded binding site plan shall be processed in the same manner as new applications for binding site plan approval and shall require both preliminary and final approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.070 Application requirements.
In addition to any information normally required for preliminary or final approval, alteration applications shall be subject to the following additional requirements:
A. The application shall include the signatures of a majority of those persons having an ownership interest in the lots, tracts, parcels, sites, or divisions that would be modified or affected by the proposed alteration. If the subdivision, short subdivision or binding site plan is subject to restrictive covenants that were filed at the time the original plat or binding site plan was recorded, and if the proposed alteration would result in the violation of the covenants, 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 proposed alteration;
B. Plats and binding site plans submitted for preliminary and final approval shall be titled “Alteration of (insert subdivision/short subdivision/binding site plan name)” and shall show the entire plat or binding site plan and the portion being altered. The final plat or binding site plan shall be prepared in such a way that the altered portions or features can be easily distinguished from the portions or features which will remain unaltered. The altered plat or binding site plan shall also include a note indicating the nature of the alteration;
C. If an easement created by the original plat or binding site plan will be altered or vacated the application shall include written approval from any person, utility, company, or other entity that has a vested interest in the easement. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.080 Approval criteria.
A. General. The alteration shall not be used to create additional lots.
B. Short Subdivisions. Alterations of short subdivisions shall be subject to the same approval criteria applicable to new short subdivisions.
C. Subdivisions. Alterations of subdivisions shall be subject to the same approval criteria applicable to new subdivisions.
D. Binding Site Plans. Alterations of binding site plans shall be subject to the same approval criteria applicable to new binding site plans. (Ord. 1856 § 2 (Exh. B), 2018).
16.50.090 Effect of approval.
A. Lots modified by a recorded plat alteration shall be considered legal lots.
B. If an alteration vacates land dedicated to the public the land shall be deeded to the city unless the city determines that retaining title to the land would not serve the public interest.
C. Title to vacated property, other than land dedicated to the public, shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, and the city has found that retaining title to the land is not in the public interest, title to the vacated land shall vest with the property owners on each side of the dedication, as determined by the city.
D. When a public street is vacated title to the vacated street shall vest with the property owners on each side of the street. (Ord. 1856 § 2 (Exh. B), 2018).