The administration of this chapter is set forth within the provisions of this chapter and LMC Title 21. The community development director is vested with the duty of administering and interpreting the provisions of this title. The city of Leavenworth hearing examiner is given the authority to review and make decisions on plat alterations and vacations.
(Ord. 1223 § 1, 2004)
A. 
Every alteration of a major subdivision or portion thereof and the alteration of a short subdivision that involves a public dedication, except as provided for in Chapter 17.04 LMC, shall proceed in compliance with this chapter. This process cannot be used to create additional lots, tracts, or parcels.
B. 
This chapter shall not be construed as applying to the alteration or replatting of any state-granted tide or shore lands.
C. 
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. 1223 § 1, 2004)
An applicant shall submit a complete alteration application to the community development director. A complete application for the purposes of this chapter shall consist of the following:
A. 
A fully completed, signed and notarized alteration application form provided by the department of community development that contains the information as required by Chapter 21.05 LMC;
B. 
SEPA checklist, unless exempt under Chapter 43.21C RCW;
C. 
Ten copies of the final plat or short plat to be altered;
D. 
Ten copies of the proposed revised plat map to a scale of at least one inch to 100 feet, including 11-inch by 17-inch reductions of any oversized materials, which contains the following information:
1. 
A legal description;
2. 
The boundary lines, dimensions, and area of the plat and the lots within it;
3. 
Plat name and lot numbers;
4. 
The location and widths of all roads, access easements and driveways;
5. 
Three sets of road plans and profiles for all proposed roads and improvement specifications;
6. 
The location and widths of all existing and proposed utility easements;
7. 
The boundaries, dimensions and area of all tracts or parcels to be dedicated or reserved for public or community uses;
8. 
The location of all existing and proposed water distribution systems, sewage disposal systems, stormwater systems, and irrigation systems;
9. 
Fire hydrant locations within or adjacent that will be connected to;
10. 
The location of the 100-year floodplain and floodway, if applicable;
11. 
The location of all water courses and the ordinary high water mark and approximate boundaries of all areas subject to inundation or stormwater overflow, if applicable;
12. 
The delineation, location, classification, and required analysis or mitigation plans as required for critical areas, including fish and wildlife habitat conservation areas, aquifer recharge areas, geologically hazardous areas, wetlands, and frequently flooded areas as presently contained in this code, or as amended;
13. 
Contours at two-foot intervals for zero to five percent cross slope; five-foot intervals for five to 30 percent cross slope; 10-foot intervals for over 30 percent cross slope; and spot elevations to determine the general slope of high and low points thereof;
14. 
Location of all existing structures, wells, overhead and underground utilities, municipal boundaries, and other important physical features;
15. 
Zoning and comprehensive plan designations; and
16. 
North arrow;
E. 
Assessor's parcel map of property and surrounding properties within 500 feet;
F. 
Any other information deemed necessary by the director for the adequate review of the proposed alteration in conformance with the provisions of this title and all other applicable federal, state and local regulations; and
G. 
Payment of all applicable review fees.
(Ord. 1223 § 1, 2004)
A. 
Alteration of a subdivision or portion thereof, or a short subdivision or binding site plan that contains a public dedication shall follow the review procedures as outlined in RCW 58.17.215.
B. 
Public notice shall be given as provided in RCW 58.17.080 and 58.17.090. A public hearing shall be required if a person receiving notice requests a hearing within 14 days of receiving notice or if the department determines that the public hearing is within the public interest. Where a public hearing is required or requested, the hearing examiner may approve, conditionally approve, or deny the application for an alteration after determining the public use and interest will be served by the alteration of the subdivision. If a public hearing is not required or requested, the director may administratively approve, conditionally approve, or deny the alteration after determining that the public use and interest will be served by the alteration of the subdivision. Alteration of a short subdivision or portion thereof that does not contain a public dedication may be administratively approved, conditionally approved, or denied without a public hearing by the director after determining that the public use and interest will be served by the alteration of the short subdivision.
C. 
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.
D. 
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.
E. 
If the alteration is approved, the applicant shall produce a revised drawing of the final plat in compliance with LMC § 17.08.060 for a short subdivision, LMC § 17.10.060 for a binding site plan, or LMC § 17.12.070 for a major subdivision.
(Ord. 1223 § 1, 2004)
A. 
Every vacation of a recorded short plat or binding site plan, or portion thereof that involves a public dedication, a major plat or portion thereof, or any area designed or dedicated for public use shall proceed in compliance with this chapter. Vacations of streets or roads may be approved through this process only when the street or road vacation is proposed with the vacation of a subdivision, or portions thereof.
B. 
Vacations of streets or roads may not be made that are prohibited under RCW 35.79.035.
C. 
This chapter shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands.
(Ord. 1223 § 1, 2004)
An applicant shall submit a complete vacation application to the community development director. A complete application for the purposes of this chapter shall consist of the following:
A. 
A fully completed, signed and notarized vacation application form provided by the department of community development that contains the information as required by Chapter 21.05 LMC and signed by all parties having an ownership interest in that portion of the subdivision subject to the vacation;
B. 
SEPA checklist, unless exempt under Chapter 43.21C RCW;
C. 
Ten copies of the final plat or short plat to be vacated, including 11-inch by 17-inch reductions of any oversized materials;
D. 
Restrictive covenants filed as a condition of short or major subdivision. If the application for vacation will result in the violation of such 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;
E. 
Assessor's parcel map of property and surrounding properties within 500 feet;
F. 
A title report issued within the preceding 30 days including confirmation that the title to the lands as described and requested to be vacated are vested in the parties signing the vacation request;
G. 
The proposed revised plat map or portion thereof, if applicable;
H. 
Any other information deemed necessary by the director for the review of the vacation in conformance with the provisions of this title and all other applicable federal, state and local regulations; and
I. 
Payment of all applicable review fees.
(Ord. 1223 § 1, 2004)
A. 
Vacation of a subdivision or portion thereof, or a short subdivision, or binding site plan or any area designated or dedicated for public use that contains a public dedication shall follow the review procedures as outlined in RCW 58.17.212.
B. 
A public hearing by the hearing examiner shall be held and public notice shall be provided in RCW 58.17.080 and 58.17.090. The hearing examiner may approve or deny the application for a vacation after determining the public use and interest will be served by the vacation of the subdivision. Vacation of a short subdivision or portion thereof that does not contain a public dedication may be administratively approved, conditionally approved, or denied by the director after determining that the public use and interest will be served by the vacation of the short subdivision.
C. 
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 findings are set forth that the public use would not be served in retaining title to those lands.
D. 
Title to the vacated property shall vest with the rightful owner in conformance with RCW 58.17.212.
(Ord. 1223 § 1, 2004)