18F.40.080 Proposed Alterations to a Recorded Final Plat

18F.40.080 Proposed Alterations to a Recorded Final Plat.

Plat alterations typically apply to those elements which are common to the entire plat such as, but not limited to, trails, roads, buffers, open space, drainage easements, park and recreation sites, etc. A plat alteration provides a process to alter or modify a portion of a recorded final plat.

1. The provisions of this Section shall not apply to the following:

a. Boundary line adjustments (See Chapter 18F.70 PCC);

b. Vacation of a public road in a final plat (Road vacations shall follow the procedures established in Chapter 36.87 RCW);

c. An affidavit of correction pertaining to scrivener's errors;

d. Alteration or replatting of any plat of state-granted tidelands or shorelands;

e. Short plats or large lots;

f. Binding site plans; or

g. The creation of additional lots.

2. A revised drawing of the approved alteration shall be recorded with the County Auditor and shall replace and supercede that portion which is being altered.

3. 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.

4. 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.

5. 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.

6. Application material shall be routed to Planning, Assessor-Treasurer, Development Engineering, Utilities, Tacoma-Pierce County Health Department, Fire Prevention Bureau or other reviewing Department or Agency as determined by the Planning Department.

1. A public hearing shall be required for a plat alteration if any of the following occurs:

a. The proposed alteration contains significant changes to the plat, as determined by the Hearing Examiner; or

b. The Director receives a request for a public hearing from a person receiving notice within 14 days of notice.

2. The Planning Department shall set a date for public hearing before the Examiner after all requests for additional information or plan correction, as set forth in PCC 18.60.020 C., have been satisfied, and environmental review of the proposal has occurred. Any required public hearing shall follow the procedures set forth in Chapter 18.80 PCC, Development Regulations – General Provisions, and Chapter 1.22 PCC.

C. Hearing Examiner's Authority. If a public hearing is required, the Examiner has the authority to approve or deny the proposed alteration and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

D. Required Written Findings and Determinations. The Director's/Examiner's written decision on the alteration shall include findings and conclusions, based on the record, to support the decision. A proposed plat alteration shall not be approved unless the Director/Examiner makes written findings that the proposed plat alteration conforms with the intent and goals, objectives and policies, and standards of the County's current Comprehensive Plan and County regulations. In the event that a public hearing is required for a plat alteration, the Examiner shall make additional findings to establish that the public use and interest will be served by the proposed plat alteration.

E. Approval. The Examiner may approve or approve with conditions, the proposed plat alteration if the criteria contained in this Section have been met.

1. Approvals shall include a note on the face of the plat that states:

"This altered plat of _____________ lot(s) ______________, supercedes lot(s) of the final plat of _________________."

2. A brief written narrative explaining what is being altered shall also be included on the plat.