Chapter 24.80
ALTERATIONS TO FINAL SUBDIVISIONS AND FINAL SHORT SUBDIVISIONS
Sections:
24.80.020 Alteration of final subdivision – Procedure.
24.80.010 Application.
A. An application may be submitted for any proposed alteration to a final subdivision or final short subdivision. The application shall contain the signatures of the majority of the parties having an ownership interest in lots, tracts, parcels, sites or divisions in the subject subdivision/final short subdivision or portion to be altered. If the final subdivision/final short subdivision is subject to restrictive covenants which were filed at the time of approval of the final subdivision/final short 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 final subdivision/final short subdivision, or portion thereof.
B. An alteration of a final subdivision is classified as a Type III permit and shall be processed pursuant to RMC Title 19 and in a manner consistent with RCW 58.17.215.
C. Any final short subdivision alteration proposed under this section shall be subject to the requirements of Chapter 24.40 RMC. [Ord. 2024-06 § 1].
24.80.020 Alteration of final subdivision – Procedure.
A. Upon receipt of a completed application for the alteration of a final subdivision, the administrator shall provide notice of the application to all owners of property within the subdivision, publication in the official newspaper of the city, and to those owners of property within 300 feet of that portion or phase of the subdivision proposed for alteration. The notice shall include a statement that a public hearing will be conducted by the hearing examiner.
B. Consistent with RCW 58.17.217 and 58.17.330, any hearing for alteration of a subdivision shall be administered by the hearing examiner, and such decision shall be given the effect of a final decision.
C. During the public hearing, the hearing examiner shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. 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 equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of parties residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
D. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the administrator and public works director and filed with the Benton County auditor’s office to become the lawful plat of the property. [Ord. 2024-06 § 1].