Chapter 20.96
VACATION AND ALTERATION OF FINAL PLATS AND SHORT PLATS
Sections:
20.96.040 Application requirements – Plat alteration.
20.96.050 Application requirements – Plat vacation.
20.96.060 Additional notice of public hearing.
20.96.070 Criteria for approval.
20.96.080 Time limitation for final decision.
20.96.010 Purpose.
The purpose of this chapter is to regulate and allow vacation or alteration of approved final subdivision plats (long subdivision plats) and approved final short plats (short subdivision plats). It does not allow modification or revision of preliminary plats or preliminary binding site plans. The procedure for vacation of final plats and final short plats does not apply to the vacation or alteration of any plat of state-granted tide or shore lands. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.020 Applicability.
This chapter shall apply to all requests to alter or vacate long subdivision plats or short subdivision plats. When an application under this chapter is submitted for the vacation of a plat together with roads/streets, the procedure for vacation in this chapter shall be used, except that vacations of streets subject to RCW 35.79.035 may not be made under this procedure. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.030 Decision type.
A long subdivision plat vacation or plat alteration is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC. A short subdivision plat vacation or plat alteration is a Type II land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.040 Application requirements – Plat alteration.
The following materials shall be submitted to the city for a complete application for the alteration of a final short subdivision or long subdivision:
(1) Date, name, address and telephone number of the applicant and/or property owner;
(2) The reason(s) for the proposed alteration;
(3) Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be altered;
(4) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the 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;
(5) A copy of the proposed plat sought to be altered, together with all plat amendments recorded;
(6) Mailing labels for all owners of property within the plat boundaries; and
(7) A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.050 Application requirements – Plat vacation.
The following materials shall be submitted to the city for a complete subdivision vacation application:
(1) Date, name, address and telephone number of the applicant and/or property owner;
(2) The reason(s) for the proposed vacation;
(3) Signatures of all parties having an ownership interest in the subdivision or that portion of the subdivision proposed to be vacated;
(4) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the subdivision or portion thereof;
(5) Acknowledgement that if any street is included in the application for a vacation, the applicant shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted;
(6) A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval;
(7) Mailing labels for all owners of property within the plat boundaries;
(8) A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application; and
(9) If the vacation is for a portion of the subdivision the applicant must demonstrate that the partial vacation will not violate the terms of subdivision approval or this chapter. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.060 Additional notice of public hearing.
In addition to the notice provided above, the city shall provide notice of an application for vacation or alteration to all owners of property within the subdivision (excluding the owners of property submitting the application), as provided for in Subtitle II of this title, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall establish the date of the public hearing. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.070 Criteria for approval.
(1) Vacation Criteria. The plat vacation may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation.
(2) Dedications and Easements. If any portion of the land contained in the subdivision was dedicated to the public for public use and benefit, such land, if not already deeded to the city, shall be deeded to the city as a condition of approval, unless the city shall make findings that the public use would not be served in retaining title to those lands. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.
(3) Street Vacations. When the vacation application is specifically for vacation of a city street, the city’s street vacation procedures (and/or the procedures in Chapter 35.79 RCW) shall be utilized. When the procedure is for the vacation of a plat together with the streets, the vacation procedure in this chapter shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.035 or the city’s street vacation ordinance.
(4) Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on 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 legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the legislative authority. 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(s) of property contained within the vacated subdivision.
(5) Alteration Criteria. The alteration may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the alteration. If any land within the alteration area 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 equitably on the lots resulting from the alteration. 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. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.080 Time limitation for final decision.
A vacation or alteration application shall be approved, approved with conditions or denied within 120 days after the application has been determined to be complete pursuant to POMC 20.24.050, unless the applicant consents in writing to an extension of such time period. (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.96.090 Recording.
After approval of the alteration or vacation, the city shall order the applicant to produce a revised drawing of the approved alteration or vacation of the short plat or final plat. The council shall authorize the mayor to sign the approved short plat or final plat, and then the city shall file it with the county auditor at the applicant’s cost, to become the lawful plat of the property (or to vacate the previously approved plat). (Ord. 029-18 § 3; Ord. 019-17 § 18 (Exh. 1)).