Chapter 22.26
ALTERATION AND VACATION OF PLATS
Sections:
22.26.010 Applicability.
22.26.020 Alteration—Procedures.
22.26.030 Vacation—Procedures.
22.26.040 Scope.
22.26.050 Application—Contents.
22.26.190 Hearing examiner’s decision—Conditions and restrictions.
22.26.450 Time limitations—Extensions.
22.26.460 Repealed.
22.26.470 Repealed.
22.26.480 Documents—Filing.
22.26.500 Repealed.
22.26.530 Hearing examiner’s recommendation—Conditions and restrictions.
22.26.670 Vacations—Time limits.
22.26.680 Repealed.
22.26.690 Repealed.
22.26.700 Vacation documents—Filing.
22.26.010 Applicability.
The provisions of this chapter describe the procedure that the city will use to review and decide upon a proposed alteration or vacation of a plat. (Ord. 4651 § 5, 2018: Ord. 3705 § 2 (part), 1999)
22.26.020 Alteration—Procedures.
When any person is interested in the alteration of any plat or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the planning and building department. The application for the alteration shall be reviewed using Sections 22.26.040 through 22.26.480 of this chapter and process IIA described in Chapter 150 KZC, except as otherwise provided in this chapter. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.030 Vacation—Procedures.
(a) Whenever any person is interested in the vacation of any plat or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the planning and building department. The application for the vacation shall be reviewed using Sections 22.26.040 and 22.26.050 and 22.26.530 through 22.26.700 of this chapter, and process IIB described in Chapter 152 KZC, except as otherwise provided in this chapter.
(b) When the vacation application is specifically for a city street, the procedures for road vacation or street vacation found in Chapters 35.79 or 36.87 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat, together with the roads and/or streets, the procedure for vacation described in this chapter shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.040 Scope.
The planning and building department may limit the scope or portion of the plat for which a new plat alteration or vacation document is required to be recorded. This may be limited to that portion that is to be altered or vacated and any related matters. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.050 Application—Contents.
The applicant may apply for an alteration or vacation of a plat by submitting information to the planning and building department on the forms provided by that department. The planning and building department is hereby authorized to maintain a list of the application requirements. The list shall incorporate, at a minimum:
(a) The requirements of state law regarding plat alterations and vacations;
(b) If an application is for a plat alteration, the applicant shall submit the 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. If the subdivision is subject to restrictive covenants which were 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) If an application is for a plat vacation, the applicant shall submit the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation 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 vacation of the subdivision or portion thereof;
(d) The filing fee as established by ordinance;
(e) All information required under the State Environmental Policy Act, Chapter 43.21C RCW, and the administrative guidelines and local ordinance adopted to implement it;
(f) Any additional pertinent information necessary for adequate review of the application. (Ord. 4491 § 3 (part), 2015; Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)
22.26.190 Hearing examiner’s decision—Conditions and restrictions.
(a) 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 on the lots resulting from the alteration.
(b) 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. (Ord. 3705 § 2 (part), 1999)
22.26.450 Time limitations—Extensions.
(a) General. The owner must submit the approved plat alteration to the planning and building department, meeting the requirements of this chapter and the plat alteration approval within one year following the date the plat alteration was approved or the plat alteration approval becomes void.
(b) Extension. The owner may file a request to extend the plat alteration approval for up to one year. The request must be delivered in writing to the planning and building department at least thirty calendar days prior to the expiration of the one-year period. The planning and building department will grant the extension upon a showing that the applicant has attempted in good faith to submit the plat alteration within the one-year period. If the plat alteration has not been submitted to the planning and building department within any extended period, it becomes void. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.460 Documents—Contents.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.26.470 Documents—Accompanying information.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.26.480 Documents—Filing.
(a) General. Following approval of a plat alteration by the hearing examiner, the hearing examiner shall sign the plat alteration document signifying approval by the city; provided, if the plat alteration is approved by the city council on appeal, the city clerk shall sign the plat alteration document signifying approval by the city.
(b) Recording—Time Limits. After the plat alteration documents are signed, they will be transmitted to the city clerk’s office for recording with the appropriate offices in the county. Unless specifically extended in the decision on the plat, the plat alteration must be recorded with the county within one hundred twenty calendar days following the date of approval or the decision becomes void.
(c) Dedication. The signature of the city clerk on the plat alteration documents constitutes acceptances of all dedications shown on the plat (see Section 22.16.030 for the requirements as to property owner signatures on dedications).
(d) Improvements. The owner shall complete or bond under Sections 22.32.070 through 22.32.080 of this title all required right-of-way, easement, utility and other similar improvements before the mayor will sign the plat alteration documents. (Ord. 3705 § 2 (part), 1999)
22.26.500 Houghton community council hearing.
Repealed by Ord. 4812. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.530 Hearing examiner’s recommendation—Conditions and restrictions.
The hearing examiner shall include in the written recommendation any conditions and restrictions that he/she determines are necessary to eliminate or minimize any undesirable effects of granting the application for a vacation of all or a portion of a plat.
If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the hearing examiner and city council set forth findings that the public use would not be served in retaining the title to those lands.
Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the hearing examiner and city council have found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city. When the road or street that is to be vacated is contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. (Ord. 3705 § 2 (part), 1999)
22.26.670 Vacations—Time limits.
(a) General. The owner must submit a plat vacation document to the planning and building department, meeting the requirements of this chapter and the conditions of approval within one year following the date the plat vacation was approved or the plat vacation approval becomes void.
(b) Extension. The owner may file a request to extend the plat vacation approval for up to one year. The request must be delivered in writing to the planning and building department at least thirty calendar days prior to expiration of the one-year period. The planning director will grant it upon a showing that the applicant has attempted in good faith to submit the plat vacation mylar within the one-year period. If the plat vacation has not been submitted to the planning and building department within any extended period, it becomes void. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.26.680 Vacation documents—Contents.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.26.690 Vacation documents—Accompanying information.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.26.700 Vacation documents—Filing.
(a) General. Following approval of a plat vacation by city council, the city clerk shall sign the plat vacation document by signifying approval by the city.
(b) Recording—Time Limits. After the plat vacation documents are signed, they will be transmitted to the city clerk’s office for recording with the appropriate offices in the county. Unless specifically extended in the decision on the plat, the plat vacation must be recorded with the county within one hundred twenty calendar days following the date of approval or the decision becomes void.
(c) Dedication. The signature of the city clerk on the plat vacation documents constitutes acceptance of all dedications shown on the plat (see Section 22.26.050(f) for the requirements as to property owner signatures on dedication).
(d) Improvements. The owner shall complete or bond, under Sections 22.32.070 through 22.32.080 of this title, all required right-of-way, easement, utility, and other similar improvements before the mayor will sign the plat vacation documents. (Ord. 3705 § 2 (part), 1999)