Chapter 21.91
LAND DIVISIONS
Sections:
21.91.030 Administrative provisions.
21.91.050 Survey requirements.
21.91.060 Further division of a short subdivision and accumulative short subdivisions.
21.91.070 Review procedures and approvals.
21.91.080 Decision criteria – Boundary line adjustment and land division.
21.91.090 Additional submittal requirements.
21.91.100 Decision criteria – Final divisions of land.
21.91.110 Submittal requirements – Final divisions of land.
21.91.120 Modifications to a preliminary subdivision approval.
21.91.130 Alterations to a recorded division of land.
21.91.150 Recording with County Auditor.
21.91.160 Expiration of approvals.
21.91.180 Vacation of a subdivision.
21.91.010 Purpose.
(1) The purpose of this chapter is to regulate the division of land and adjustment of lot boundary lines while protecting the public health, safety, and general welfare of the community.
(2) This chapter establishes the procedures for the division and redivision of land, and the adjustment of property boundaries in accordance with the goals, objectives, and policies of the Woodinville Comprehensive Plan, and to ensure compliance with the City’s development and engineering requirements. (Ord. 720 § 28 (Att. A), 2021)
21.91.020 Applicability.
(1) This chapter applies to all divisions of land including short subdivisions, subdivisions, and binding site plans, and to the adjustment of lot boundaries.
(2) This chapter does not apply to any of the following:
(a) Cemeteries and other burial plots while used for that purpose;
(b) Divisions of land made by testamentary provisions, or the laws of descent that comply with minimum lot size for the zone;
(c) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation;
(d) Division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW (Survey Recording Act) and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. The exemption only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. “New customers” are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this section are planned and constructed;
(e) Division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose;
(f) Division of land for the purpose of dedicating to the public such tracts of land for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sanitary wastes and other general purposes that may be required to protect the public health, safety, and welfare; and
(g) Condominiums as set forth in Chapter 64.32 or 64.34 RCW. (Ord. 720 § 28 (Att. A), 2021)
21.91.030 Administrative provisions.
(1) The Director or designee is responsible for the administration of this chapter.
(2) This chapter applies in combination with other chapters and sections of the Woodinville Municipal Code including project permit review procedures, State Environmental Policy Act, applicable zoning regulations, Shoreline Master Program, critical area regulations, tree code, stormwater management regulations, engineering and road standards, and other applicable codes and ordinances. (Ord. 720 § 28 (Att. A), 2021)
21.91.040 General provisions.
(1) The provisions set forth in this chapter constitute the minimum requirements necessary to promote the public health, safety, and general welfare.
(2) Any person who desires to subdivide land within the boundaries of the City should consult with City staff at an early date to become familiar with the requirements of this chapter and for assistance in understanding the engineering requirements and the construction standards of the City.
(3) Transfer of Land Prior to Final Approval.
(a) Whenever a parcel of land is divided into two or more lots, no person, firm, corporation, or agents of them shall sell, transfer, or advertise for sale or transfer any such lot without having a short subdivision, binding site plan or subdivision recorded unless preliminary approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the recording of the final short plat, binding site plan or plat.
(b) If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary approval is expressly conditioned on the recording of the final short plat, binding site plan or final plat containing the lot, tract, or parcel, the offer or agreement shall not be subject to the penalties in RCW 58.17.200 or 58.17.300, or Chapter 21.12 WMC.
(c) All payment on account of an offer or agreement conditioned as provided in this subsection (3) shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final short plat, binding site plan or plat is recorded.
(4) Lands designated as critical areas such as wetlands, aquifer recharge areas, streams, flood hazards, geological hazards and fish and wildlife habitat conservation areas shall not be divided nor have lot boundaries adjusted unless adequate safeguards are provided as prescribed in the critical area regulations in Chapter 21.51 WMC.
(5) The applicant shall pay fees for applications submitted under this chapter in accordance with the adopted fee schedule.
(6) All public and private improvements required for approving a short plat, plat or binding site plan shall be constructed and installed, or a financial security provided pursuant to WMC 21.92.070, prior to the short plat, plat, or binding site plan being approved for recording.
(7) No subdivision name shall be approved which bears a name using a word which is the same as, similar to or pronounced the same as a word in the name of any other subdivision in the County, except for the words “town,” “city,” “place,” “court,” “addition,” “acres,” “heights,” “villa,” or similar words, unless the land so divided is contiguous to the subdivision bearing the same name. All subdivisions shall continue the block numbers of the subdivision of the same name last filed.
(8) No short plat, plat, binding site plan or boundary line adjustment shall be recorded unless approved for recording by the City. Prior to recording, the applicant is responsible for submitting original drawings to the Development Services Department together with the appropriate fee for review and obtaining approval consistent with this chapter and any conditions set forth for approval. (Ord. 720 § 28 (Att. A), 2021)
21.91.050 Survey requirements.
(1) A Washington State licensed land surveyor registered pursuant to Chapter 18.43 RCW shall prepare, stamp, and seal all proposed land divisions and boundary line adjustments.
(2) A survey is required for all final approvals of boundary line adjustments, short plats, plats, and binding site plans, which must satisfy the survey standards of Chapter 58.09 RCW and Chapter 332-130 WAC.
(3) The surveyor shall certify on the final document to be recorded that it is a true and correct representation of the lands actually surveyed.
(4) Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the face of the land division. “Discrepancy” means: (a) a boundary hiatus; (b) an overlapping boundary; or (c) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. (Ord. 720 § 28 (Att. A), 2021)
21.91.060 Further division of a short subdivision and accumulative short subdivisions.
(1) Land within a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except the original owner of the land at the time the short subdivision was approved by the City may file within the five-year period an alteration to the short subdivision to create up to a total of four lots within the original short plat boundaries.
(2) Accumulative short subdivisions and other proposed means of segregation used to avoid the requirements of a subdivision are prohibited. (Ord. 720 § 28 (Att. A), 2021)
21.91.070 Review procedures and approvals.
Each boundary line adjustment and division of land is processed as a different decision type pursuant to WMC 21.80.050 and summarized as follows:
(1) Approval of a boundary line adjustment application is a two-step process, which includes final approval and approval for recording with the King County Auditor. The process summarizes as follows:
(a) The boundary line adjustment application is processed as a Type 1 decision pursuant to Chapter 21.80 WMC.
(b) A final boundary line adjustment for recording is a ministerial process used to verify compliance with the boundary line adjustment decision before approving the document for recording with the King County Auditor. The application time limitations set forth in WMC 21.80.220 apply to a boundary line adjustment. Failure to satisfy the time limitations shall render the boundary line adjustment null and void.
(c) The following signatures are required on the boundary line adjustment document before recording:
(i) Director: whose signature approves compliance with all terms applicable to the boundary line adjustment.
(ii) Property owner(s): whose signature confirms a statement that the boundary line adjustment has been made with the free consent and in accordance with the desires of the owner(s).
(2) Approval of a division of land is a three-step process, which includes preliminary approval, installation of, or providing a financial security for, required improvements, and final approval and recording with the King County Auditor. The applicable processes are summarized as follows:
(a) Short Subdivision.
(i) A preliminary short subdivision application is processed as a Type 2 decision pursuant to Chapter 21.80 WMC.
(ii) Construction permits for, and installation of, required improvements and mitigation measures, or provide a financial security as determined by the City to ensure such improvements are installed.
(iii) A final short subdivision application is processed as a Type 1 decision pursuant to Chapter 21.80 WMC. A complete application for the final short subdivision must be submitted to the City by the time limitations set forth in WMC 21.80.220. Failure to satisfy the time limitations shall render the short subdivision null and void.
(iv) The following signatures are required on the final short plat before recording:
(A) Director: whose signature approves compliance with all terms of the preliminary short plat approval.
(B) City Engineer/Public Works Director: whose signature approves the layout of streets and other rights-of-way, sewage and water systems and other structures, except an agency furnishing sewage disposal and water supply may sign separately as to the adequacy of the proposed means of sewage disposal and water supply.
(C) King County Treasurer: whose signature confirms a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged.
(D) Property owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner pursuant to RCW 58.17.165.
(b) Binding Site Plan.
(i) A binding site plan application is processed as a Type 2 decision pursuant to Chapter 21.80 WMC.
(ii) Construction permits for, and installation of, required improvements and mitigation measures, or provide a financial security as determined by the City to ensure such improvements are installed.
(iii) A final binding site plan for recording is a ministerial process used to verify compliance with the binding site plan decision before approving the document for recording with the King County Auditor.
(iv) The application time limitations set forth in WMC 21.80.220 apply to a binding site plan. Failure to satisfy the time limitations shall render the binding site plan null and void.
(v) The following signatures on the final binding site plan are required:
(A) Director: whose signature approves compliance with all terms of the binding site plan approval.
(B) City Engineer/Public Works Director: whose signature approves the layout of streets and other rights-of-way, sewage and water systems and other structures, except an agency furnishing sewage disposal and supply water may sign separately as to the adequacy of the proposed means of sewage disposal and water supply.
(C) King County Treasurer: whose signature confirms a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged.
(D) Property owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner.
(c) Subdivision.
(i) A preliminary subdivision is processed as a Type 3 decision pursuant to Chapter 21.80 WMC.
(ii) Construction permits for, and installation of, required improvements and mitigation measures, or provide a financial security as determined by the City to ensure such improvements are installed.
(iii) A final subdivision is processed as a Type 1 decision pursuant to Chapter 21.80 WMC. A complete application for the final subdivision must be submitted to the City by the time limitations set forth in WMC 21.80.220. Failure to satisfy the time limitations shall render the subdivision null and void.
(iv) The following signatures on the final plat are required before recording:
(A) Director: whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedication.
(B) City Engineer/Public Works Director: whose signature approves the layout of streets and other rights-of-way, sewage and water systems and other structures, except an agency furnishing sewage disposal and supply water may sign separately as to the adequacy of the proposed means of sewage disposal and water supply.
(C) King County Treasurer: whose signature confirms a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged.
(D) Property owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner pursuant to RCW 58.17.165.
(E) The decision authority set forth in WMC 21.80.050 for final plat; whose signature approving the final plat as conforming to all terms of the preliminary plat approval, and that said subdivision meets all State and local laws and ordinances. (Ord. 720 § 28 (Att. A), 2021)
21.91.080 Decision criteria – Boundary line adjustment and land division.
The following criteria shall be used to review and decide boundary line adjustments, preliminary short subdivisions, binding site plans, and preliminary subdivisions:
(1) To approve a boundary line adjustment, it cannot:
(a) Create any additional lot, tract, parcel, or division of land;
(b) Create a lot, tract, parcel, site, or division of land which contains insufficient area or dimension to meet the minimum requirements for area and dimensions as set forth in the Woodinville Municipal Code;
(c) Create or diminish any easement or deprive any parcel of access or utilities; or
(d) Create or increase the nonconformity of structures, lots, or other factors with respect to development standards.
(2) To approve a preliminary short subdivision, binding site plan, or preliminary subdivision the following must be satisfied:
(a) The proposal conforms with the Comprehensive Plan, Shoreline Master Program, and other City-adopted plans;
(b) Provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the land division that are consistent with current standards and plans adopted in City code, ordinance, or resolution;
(c) Provisions have been made for roads, utilities, street lighting, street trees, and other improvements that are consistent with the zoning code, adequate public facilities requirements, and engineering standards;
(d) Provisions have been made for dedications, easements, and reservations where applicable;
(e) The proposal complies with the relevant requirements of the zoning code and all other relevant local regulations;
(f) Appropriate provisions are made for:
(i) The public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
(ii) The public use and interest will be served by the platting of such land division and dedication. (Ord. 720 § 28 (Att. A), 2021)
21.91.090 Additional submittal requirements.
An applicant seeking approval of a boundary line adjustment, preliminary short subdivision, binding site plan, or preliminary subdivision must submit a complete application to be considered for approval. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with any applicable fees, a complete application will include the submittal requirements in WMC 21.80.070 and the following:
(1) Application is made on the appropriate forms prescribed by the City and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof that they represent the legal interests of the property owner.
(2) The application shall contain the following:
(a) The name, address, telephone number and other contact information like email of the applicant and person to be contacted;
(b) The King County Assessor’s tax identification number;
(c) The name, address, and telephone number of the owner of the property;
(d) Address or location of the property to be subdivided;
(e) Legal description of the property (from the title report verbatim);
(f) The zone classification of the property;
(g) Any shoreline environment designations on the property, if any land is within the shoreline as defined in RCW 90.58.030(2)(d);
(h) Approximate project site lot area in acres;
(i) The range of lot sizes in square feet; and
(j) Density calculation.
(3) Plan Drawings.
(a) All drawings shall be to scale on 18-inch by 24-inch sheets of paper.
(b) Drawings shall include the following illustrations:
(i) Location of the site by section, township, range;
(ii) North arrow and the boundary of the lands being divided or having the boundaries adjusted;
(iii) Scale at not less than one inch equals 100 feet (larger scales such as 1:50, 1:20, and 1:30 are preferred);
(iv) Vicinity map showing the site clearly marked (smaller scale than 1:100 is acceptable);
(v) The proposed layout and dimensions of lots and tracts;
(vi) The name of any adjacent subdivisions;
(vii) The approximate location, names and width of all existing and proposed streets, roads, private lanes, and access easements within the boundaries of the lands being affected;
(viii) The location of existing and proposed improvements such as stormwater facilities, sidewalks, utilities, power poles, etc., within the boundaries of the lands being affected and adjacent lots;
(ix) All existing and/or proposed easements or divisions proposed to be dedicated for any public purpose or for the common use of the property owners of the lands being divided;
(x) A full and correct description of the lands being divided or having the lot boundary lines adjusted;
(xi) Approximate location of existing structures and other improvements located on the site and whether such structures are proposed to remain on the property;
(xii) Shorelines, streams, wetlands, wildlife habitat conservation areas, and geologically hazardous areas as defined in Chapter 21.51 WMC (Critical Areas) or if applicable the Shoreline Master Program;
(xiii) Topographical information showing existing contour lines at intervals of two feet elevation.
(c) Boundary Line Adjustment. In addition to the illustrations prescribed in subsection (3)(b) of this section, plan drawings for a boundary line adjustment shall include the following:
(i) The final lot boundaries shall be shown with a heavier line weight to clearly distinguish them from existing boundaries;
(ii) A full and correct legal description of the revised lots; and
(iii) Comply with the survey requirements set forth in WMC 21.91.050.
(4) Reduced plan drawing consisting of an 11-inch by 17-inch reproducible copy of the site plan containing the information prescribed in subsection (3)(b) of this section.
(5) Title report issued within 30 days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting the site.
(6) When required, mailing labels containing the names and addresses of all owners/residents of record within the notification radius prescribed in Chapter 21.80 WMC.
(7) Environmental (SEPA) checklist if applicable.
(8) Water and sewer availability from Woodinville Water and preliminary Health Department approval if using on-site sewage septic (not applicable to a boundary line adjustment).
(9) Perimeter lot closures for all lots, tracts, and the exterior boundary.
(10) Any related information and/or studies (including but not limited to traffic impact analysis, storm drainage report, arborist report, and critical area report) required by other provisions of the Woodinville Municipal Code, identified in the preapplication meeting, or deemed necessary by the Director. (Ord. 720 § 28 (Att. A), 2021)
21.91.100 Decision criteria – Final divisions of land.
The following criteria shall be satisfied to approve a final short subdivision, binding site plan, or final subdivision:
(1) Conforms to all terms of the preliminary approval;
(2) Meets all zoning and engineering requirements;
(3) Meets all requirements of this chapter;
(4) Meets all applicable local and State laws that were in effect at the time of vesting; and
(5) Improvements have been constructed, or a financial security has been secured. (Ord. 720 § 28 (Att. A), 2021)
21.91.110 Submittal requirements – Final divisions of land.
An applicant seeking final approval for recording of a short subdivision, binding site plan, or subdivision must submit a complete application. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with the appropriate fee, a complete application for a final approval shall include, but is not limited to, the following:
(1) Application shall be made on the appropriate forms prescribed by the City and shall be signed and dated by the property owner or authorized agent.
(2) Final Plan Drawings.
(a) All drawings shall be to scale on 18-inch by 24-inch sheets of paper;
(b) Contain the illustration and information set forth in WMC 21.91.090(3)(b), except the Director may approve a scale up to one inch equals 200 feet to fit the layout of a plat on a single sheet;
(c) Meet the survey requirements set forth in WMC 21.91.050;
(d) Include addressing of individual lots assigned by the City;
(e) Certificate for the approval signatures detailed in WMC 21.91.070; and
(f) Any other information required pursuant to the preliminary short plat, binding site plan, or preliminary plat approval.
(3) If the short subdivision, binding site plan, or subdivision includes a dedication, the following shall be included:
(a) A statement of the dedication of all streets and other areas to the public, and individual or individuals, religious society, or societies, or to any corporation, public or private, as shown on the plat;
(b) A waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road; and
(c) Said statements shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.
(4) Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered alphabetically and in consecutive order.
(5) Plat Certificates. Three copies of a plat certificate for the subject property shall accompany a final land division application.
(6) Perimeter lot closures for all lots, tracts, and the exterior boundary. (Ord. 720 § 28 (Att. A), 2021)
21.91.120 Modifications to a preliminary subdivision approval.
(1) The Director may administratively approve minor amendments to a preliminary subdivision approval that do not increase the number of lots or relocate any roadway access points to an exterior street to the plat.
(2) The decision authority’s (set forth in WMC 21.80.050) approval is required after a predecision hearing is held for major amendments to a preliminary subdivision approval. Notice of the hearing shall be sent in accordance with the notice requirements for a predecision hearing in WMC 21.80.120 and to all parties of record. A major amendment includes, but is not limited to, any one of the following:
(a) Amendments that would substantially change any conditions of approval established in the preliminary subdivision approval;
(b) Amendments that would result in an increase to the number of lots in the subdivision beyond the number previously approved;
(c) Amendments that alter the external boundaries of the proposal, such that the location and external perimeter of the subdivision expand beyond the original boundaries;
(d) Amendments that would result in the relocation of any roadway access point to an exterior street from the plat;
(e) Amendments that would cause the subdivision to violate any applicable City policy or regulation or would be inconsistent with the findings and conclusions of the preliminary subdivision decision;
(f) Amendments that propose phasing of plat development not previously approved; or
(g) Amendments that the Director determines would significantly increase any adverse impacts or undesirable effects of the plat. (Ord. 720 § 28 (Att. A), 2021)
21.91.130 Alterations to a recorded division of land.
(1) An alteration to a recorded short subdivision or recorded binding site plan shall be processed as a new application for a short subdivision or binding site plan, excluding alterations made as a boundary line adjustment or short subdivision alterations subject to WMC 21.91.060.
(2) An alteration to a recorded subdivision is subject to the following:
(a) Whenever any person is interested in the alteration of any subdivision or portion thereof, that person shall file an application for a subdivision alteration pursuant to WMC 21.80.070.
(b) Alteration of a subdivision is a Type 3 decision processed pursuant to WMC 21.80.050. In addition to other noticing requirements, notice of the alteration request shall be sent by first class mail to all owners of property within the subdivision.
(c) If the subdivision is subject to restrictive covenants 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 or portion thereof.
(d) The alteration of a subdivision is subject to the provisions for easements set forth in RCW 64.04.175.
(e) The City Council shall decide a request to alter a subdivision after determining whether the public use and interest is served by the alteration of the subdivision.
(f) 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.
(g) 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.
(h) After approval of the alteration, the applicant shall submit to the City a revised drawing of the approved alteration of the subdivision, which after signature of the approving authority shall be filed with the King County Recorder’s Office to become the lawful subdivision of the property. The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor.
(i) This section shall not be construed as applying to the alteration or replatting of any plat of State-granted tide or shorelands. (Ord. 720 § 28 (Att. A), 2021)
21.91.140 Phased subdivision.
An applicant may request a phased subdivision with a preliminary subdivision application provided the following are satisfied:
(1) The preliminary subdivision approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments;
(2) The phasing plan shall include all land contained within the preliminary subdivision, including areas where off-site improvements are being made;
(3) The sequence and timing of development is identified on a phasing map;
(4) Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own as each phase cannot rely on future phases for compliance with any applicable regulations;
(5) Each phase provides adequate circulation and utilities; and
(6) The preliminary subdivision approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. (Ord. 720 § 28 (Att. A), 2021)
21.91.150 Recording with County Auditor.
All boundary line adjustments, final short subdivisions, binding site plans, and final subdivisions shall be filed for record with the office of the King County Recorder. The applicant shall furnish a copy of the recording to the City in sufficient numbers and format as determined by the Director. (Ord. 720 § 28 (Att. A), 2021)
21.91.160 Expiration of approvals.
Approvals of lot line adjustments, subdivisions and short subdivisions shall expire in accordance with WMC 21.80.220. (Ord. 720 § 28 (Att. A), 2021)
21.91.170 Vesting rights.
In addition to the vesting rights set forth in WMC 21.80.080, short subdivisions, binding site plans and subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of complete application for preliminary short subdivision, binding site plan or preliminary subdivision and will continue to be a valid land use notwithstanding any changes in zoning laws for a period of seven years if the date of final approval is on or before December 31, 2014, and for a period of five years if the date of final approval is on or after January 1, 2015. (Ord. 720 § 28 (Att. A), 2021)
21.91.180 Vacation of a subdivision.
(1) Whenever a person is interested in the vacation of a subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation pursuant to the submission requirements set forth in WMC 21.80.070.
(2) Vacation of a subdivision is a Type 3 decision processed pursuant to WMC 21.80.050.
(3) An application for vacating a subdivision shall include the following:
(a) The reasons for the vacation;
(b) Signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation; and
(c) If the subdivision is subject to restrictive covenants 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.
(4) The City Council shall decide a request to vacate a subdivision after determining whether the public use and interest is served by the vacation of the subdivision.
(5) If the vacation is specifically for a public street, the procedures for road vacation or street vacation in Chapter 12.18 WMC shall be utilized for the road or street vacation.
(6) If 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 streets may not be made that are prohibited under RCW 35.79.035.
(7) 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 City Council sets forth findings that the public use would not be served in retaining title to those lands.
(8) 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 City Council 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 City Council. When the road or street 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 or street shall vest with the owner or owners of property contained within the vacated subdivision.
(9) This section shall not be construed as applying to the vacation of any plat of State-granted tide or shorelands. (Ord. 720 § 28 (Att. A), 2021)