Chapter 17.35
PLAT VACATION AND ALTERATION

Sections:

17.35.010    Requirements for a complete plat vacation application.

17.35.020    Type of approval and criteria for approval of a plat vacation.

17.35.030    Requirements for a complete plat alteration application.

17.35.040    Type of and criteria for approval of a plat alteration.

17.35.010 Requirements for a complete plat vacation application.

(1) Application Contents. In addition to the requirements for a completed application as set forth in the consolidated application process, an applicant for a plat vacation shall submit the following:

(a) The reasons for the proposed vacation;

(b) Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

(c) 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) A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 291 § 1(18.65.010), 2000)

17.35.020 Type of approval and criteria for approval of a plat vacation.

(1) Type of Application. A plat vacation is a town council decision based on planning commission review and recommendation.

(2) Criteria for Approval. The plat vacation may be approved or denied after a written determination is made whether the public use and interest will 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 deeded to the town, shall be deeded to the town unless the town shall set forth findings that the public use would not be served in retaining title to those lands.

(3) Vacation of Streets. When the vacation application is specifically for a town street vacation, the town’s street vacation procedures shall be utilized. When the application is for the vacation of a plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the town’s street vacation ordinance.

(4) Easements. 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. (Ord. 291 § 1(18.65.020), 2000)

17.35.030 Requirements for a complete plat alteration application.

(1) Application Contents. In addition to the requirements for a completed application as set forth in the consolidated application process, an applicant for a plat alteration shall submit the following:

(a) 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;

(b) 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) A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 291 § 1(18.65.030), 2000)

17.35.040 Type of and criteria for approval of a plat alteration.

(1) Type of Application. A plat alteration is a town council decision based on planning commission review and recommendation.

(2) Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. 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. A plat alteration must also be consistent with other provisions of this title.

(3) Revised Plat. After approval of the alteration, the town council shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat which, after signature of the mayor, shall be filed with the county auditor to become the lawful plat of the property. (Ord. 291 § 1(18.65.040), 2000)