Chapter 17.61
PLAT ALTERATION—PLAT VACATION
Sections:
17.61.010 Plat alteration.
A. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in Section 17.04.010(B)(5) that person shall submit an application to request the alteration to the hearing examiner. The application shall contain 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.
B. Upon receipt of an application for alteration, the administrator shall provide notice of the application to all owners of property within a subdivision, and as provided for in Sections 17.12.020 and 17.12.080. The notice shall establish a date for public hearing.
C. 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 persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
D. After approval of the alteration, the hearing examiner shall order the application to produce a revised drawing of approved alteration of the final plat, which after signature of the board of county commissioners, shall be filed with the county auditor to become the lawful plat of the property.
E. This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shorelands. (Ord. 2020-06, 9-29-20; Ord. 2007-02 (part): Ord. 1988-01 § 3 (part))
17.61.020 Plat vacation.
A. Whenever any person is interested in the vacation of any subdivision or any portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the hearing examiner. The application shall set forth 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.
B. When the vacation application is specifically for a county road, the procedures for road vacation in Chapter 36.87 RCW shall be utilized for the road vacation. When the application is for the vacation of the plat, together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.87.130.
C. The hearing examiner shall give notice as provided in Sections 17.12.060 and 17.12.080 and shall conduct a public hearing on the application for vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not previously deeded to the county, shall be deeded to the county unless the hearing examiner shall set forth findings that the public use would not be served in retaining title to such lands. Any vacation of land that was deeded to the county must first receive a letter of authorization to vacate from the board of county commissioners.
D. Title to the vacated property shall vest with the rightful owner as shown by county records. If the vacated land is land that was dedicated to the public, for public use other than a road and the hearing examiner has 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 hearing examiner. When the road that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road shall vest with the owner or owners of property contained within the vacated subdivision.
E. This section shall not be construed as applying to the vacation of any plat of state-granted tide or shorelands. (Ord. 2007-02 (part): Ord. 1988-01 § 3 (part))