Title 16 SUBDIVISIONS
Chapter 16.12 PLAT VACATION AND ALTERATION
16.12.010 General provisions.
16.12.020 Requirements for a complete plat vacation application.
16.12.030 Criteria for approval of a plat vacation.
16.12.040 Requirements for a complete plat alteration application.
16.12.050 Criteria for approval of a plat alteration.
16.12.060 Notice.
16.12.010 General provisions.
The provisions of this chapter shall apply to plat vacations and plat
alterations pursuant to Chapter 58.17 RCW. These provisions are for those plats
that have received final approval and have been recorded. (Ord. 1211 § 2
(part), 2007).
16.12.020 Requirements for a complete plat vacation application.
A. A complete application for a plat vacation will include the
following:
1. A completed master application;
2. A copy of the approved
plat sought to be vacated, together with all plat amendments recorded since the
date of original approval;
3. The reasons for the proposed
vacation;
4. Signatures of all parties having an ownership interest in that
portion of the subdivision proposed to be vacated;
5. 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. (Ord. 1211 § 2 (part), 2007).
16.12.030 Criteria for approval of a plat vacation.
A. An application for a plat vacation will be considered by the hearing
examiner as prescribed in Chapter 2.34 KMC.
B. 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 city, shall be deeded to the
city unless the hearing examiner sets forth findings that the public use would
not be served in retaining title to those lands.
C. When the vacation
application is specifically for a city street vacation, the city’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, Chapter 35.79 RCW, or the city’s street vacation
ordinance.
D. The vacation will be reviewed for consistency with Chapter
58.17 RCW.
E. 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. 1211 § 2 (part), 2007).
16.12.040 Requirements for a complete plat alteration application.
A. A complete application will include the following:
1. A completed
master application;
2. A copy of the approved plat sought to be altered
together with all plat amendments recorded;
3. 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; and
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 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. (Ord. 1211 § 2 (part),
2007).
16.12.050 Criteria for approval of a plat alteration.
A. An application for a plat alteration will be considered by the hearing
examiner as prescribed in KMC Chapter 2.34.
B. 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.
C. After approval of the alteration, the
hearing examiner 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 final plat of the
property.
D. The plat alteration will be reviewed for consistency with
Chapter 58.17 RCW. (Ord. 1211 § 2 (part), 2007).
16.12.060 Notice.
The city shall provide notice in accordance with Chapter 58.17 RCW. (Ord.
1211 § 2 (part), 2007).
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