029-18 - Ordinance - Adopting Revisions to Chapter 20.22 Permit Process Types and 20.96 Vacation and Alteration of PlatsORDINANCE NO. 029-L8
AN ORD NANCE OF THE CITY OF PORT ORCHARD, WASH NGTON, ADOPTING
REV STONS TO CHAPTER 20.22 (pERMrr PROCESS TYPES) AND CHAPTER 20.96
(vAcAT ON AND ALTERAT ON OF F NAL PLATS) OF THE PORT ORCHARD MUNIC PAL
CODE; PROVIDING FOR SEVERABILITY AND CORRECT ONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on June 13,2017, the Port Orchard City Council adopted ordinance 019-
17 establishing a new unified development code (Title 20 POMC); and
WHEREAS, City staff have become aware of inconsistencies and conflicts between
Chapter 20.22 (Permit Process Types), Chapter 20.94 (Binding Site Plans) and Chapter 20.96
(Vacation and Alteration of Final Plats) of Title 20 POMC, with regard to the correct permit
type classifications for vacation and alteration of subdivisions, short subdivisions and binding
site plans; and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.105; and
WHEREAS, City staff have prepared revisions to Chapters 20.22 and 20.96 POMC to
resolve the identified inconsistencies and conflicts between these chapters, and also between
these chapters and Chapter 20.94 POMC; and
WHEREAS, on August 1.,20L8, the City submitted to the Department of Commerce a
request for an expedited 14-day review of the proposed revisions to Chapters 20.22 and
20.96 POMC, pursuant to RCW 36.70A.106(3Xb); and
WHEREAS, on August 24,2018, the City's SEPA official issued a determination of non-
significance for the proposed revisions to Chapters20.22 and 20.96 POMC, and there have
been no appeals; and
WHEREAS, on Septemb er 4,z}t8,the Planning Commission held a duly-noticed public
hearing on the proposed revisions to Chapters 20.22 and 20.96 POMC, and the Planning
Commission recommended approval of the proposed adoption; and
WHEREAS, on September L7,2078, the City Council's Land Use Committee reviewed
the proposed revisions and draft ordinance; now, therefore,
THE C TY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDA N AS
FOLLOWS:
Ordinance No.029-18
Page 2 of 18
SECTION 1. The Ci ty Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Cha pter 20.22 POMC is revised to read as follows:
CHAPTER 20.22
PERMITTING & DEVELOPMENT APPROVAT-PERMIT PROCESS WPES
Sections:
20.22.O1O
20.22.020
20.22.030
20.22.040
20.22.050
20.22.060
20.22.070
Permit Process Types-Classification.
Permit Process Types-Determination of types-Table.
Permit Process Types-Type l.
Permit Process Types-Type ll.
Permit Process Types-Type lll.
Permit Process Types-Type IV.
Permit Process Types-Type V.
20.22.OtO Permit Process Types-Classification.
The review and approval of land use and development permit applications shall be classified as either
Type !, ll, lll, lV, or V based on who makes the decision, the amount of discretion exercised by the
decision maker, the level of impact associated with the decision, the amount and type of public input
sought, and the type of appeal opportunity. The types of decisions are set forth in this chapter. The
application procedures identified in this chapter shall be pursuant to Chapter 20.24 POMC.
2O.22.O2O Permit Process Types-Determination of types-Table.
(1) Determination of proper decision type.The director shall determine the proper review procedure
for all land use and development permit applications and actions. lf there is a question as to the
appropriate type of process, the director shall resolve it in favor of the higher process type number.
(21 Optional Consolidated Permit Processing. An application that involves two or more procedures may
be processed collectively under the highest numbered procedure required for any part of the
application or processed individually under each of the procedures identified by the code. The
applicant may determine whether the application shall be processed collectively or individually. lf
the application is processed under the individual procedures option, the highest numbered type
procedure must be processed prior to the subsequent lower numbered procedure. lf the individual
procedure option is chosen, the applicant will be eligible for any fee reduction contained in the
current fee schedule.
Ordinance No.029-1-8
Page 3 of 18
Table 2O.22.O20 - Permit Review Type Classifications
Type I
Director Decision
Judicial Appeal
Type l!
Director Decision
HE Appeal
Type lll
HE Decision
Judicial Appeal
Type lV
City Council
Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Building
Permitl(Subtitle x of
this title)
Binding Site Plan, Final
(Chapter 20.94 POMC)
Preliminary Plat -
Minor Modifications
(Chapter 20.88 POMC)
Land Disturbing
Activity Permit
(Chapter 20.1,40
POMC and
POMC 20.1s0.100)
Boundary Line
Adjustment
(Chapter 20.84 POMC)
Code lnterpretation
(Chapter 20.10 POMC)
Short Plat, Preliminary,
Alteration of
Prelimina ry, Alteration
of Final, Vacation of
Final (Chapter 20.86 and
20.e6 POMC)
Temporary Use Permit
(Chapter 20.s8 POMC)
Binding Site Plan -
Prelim ina ry, Alteration
of Preliminary,
Alteration of Final,
Vacation of Final
(Chapter 20.94 POMC)
Stormwater Drainage
Permit (Chapter 20.150
POMC)
Preliminary Plat,
Preliminary Plat Major
Modifications,
Alteration of Final,
Vacation of Final
(Chapter 20.88 and
20.96 POMC)
Variance
(Chapter 20.28 POMC)
Conditional Use Permit
(Chapter 20.50 POMC)
Shoreline Substantial
Development Permit,
Conditional Use Permit,
and Nonadministrative
Variance
(Chapter 20.t64 POMC)
Planned Residential
Developments
Final Plat
(Chapter 20.90 PO
Mc)
Site-Specific
Rezone without
Comprehensive
Plan Amendment
(Chapter 20.42
POMC)
Development
Agreement
(Chapter 20.26 PO
MC)
Comprehensive
Plan Amendment
- Land Use Map
Amendment, Text
Amendment
(Chapter 20.O4
POMC)
Legislative Zoning
Map Amendment
(Chapter 20.06
POMC)
Title 20 Code
Amendment
(Chapter 20.06
POMC)
Ordinance No.029-18
Page 4 of 18
Table 2O.22.O20 - Permit Review Type Classifications
Type I
Director Decision
Judicial Appeal
Type ll
Director Decision
HE Appeal
Type lll
HE Decision
Judicial Appeal
Type lV
City Council
Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Legal Nonconforming
Permit
(Chapter 20.54 POMC)
Short Plat, Final
(Chapter 20.86 POMC)
Sign Permit (if SEPA
not required)
(Chapter 20.132
POMC)
Sign Variance
(Chapter 20.L32
POMC)
Shoreline Permit
Exemption
(Chapter 20.164 POM
c)
Sign Permit (if SEPA
required)
(Chapter 20.132 POMC)
Shoreline Substantial
Development Permit,
Administrative
(Chapter 20.L64 POMC)
Variance -
Administrative
(Chapter 20.28 POMC)
Comprehensive Sign
Design Plan Permits
Final Plat - Alteration or
Vacation
(Chapter 20.96 POMC)
View Protection Overlay
District (VPOD) Variance
(POMC 20.38.713)
Annexations
Ordinance No. O29-L8
Page 5 of 18
Table 20.22.020 - Permit Review Type Classifications
Untyped review and decision actions: preapplication meeting (Ch aplet 20.24 POMC), design review board
review and recommendation (PoMc 20.38.228), tax exemption for multifamily development
(Chapter 3.48 PoMc), capacity reservation certificate (Chapter 20.180PoMC), public works design variation,
right-of-way permit (Chapter 12.04 POMC), street use permit (Chapter 12.24 POMC), water/sewer connection
permit (Chapter 13.04 POMC).
1 tf a building permit application does not require SEPA revlew, no public notice is required. lf a building permit
application requires sEPA review, public notice shall be provided consistent with the requirements for Type ll
applications pursuant to chapter 20.25 POMC.
2O.22.O3o Type I (administrative decision, iudicial appeal).
(1) General. Type I applications are defined pursuant to POMC 20.22.020. All Type l actions must meet
all applicable requirements of the PoMc in addition to the requirements specified in this subtitle.
(2) Preapplication Conference. Type I applications do not require a preapplication conference.
(3) Notice ofApplication. Type I applications do not require a Notice ofApplication; unless
environmental review is required under SEPA pursuant to chapter 20.160 PoMc.
(4) Review of Application.
Type I
Director Decision
Judicial Appeal
Type ll
Director Decision
HE Appeal
Type lll
HE Decision
Judicial Appeal
Type lV
City Council
Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Temporary Use
Permit, Extension
(Chapter 20.58 POMC)
Ordinance No.029-18
Page 6 of 18
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an
application and shall ensure the affected departments receive a copyof the application, or
appropriate parts of the application.
(b) Following a determination of technical completeness and determination of consistency pursuant
to POMC 20.24.090, the director shal! approve, deny, or approve with conditions all Type I
applications. Conditions may be imposed directly on the plans (red-lining) or through other
documentation reflected on the plans to ensure the requirements of city codes and regulations
are met without going through another correction cycle before permit issuance.
(5) Decision
(a) Type I applications are subject to the maximum 120-day timeline pursuant to POMC 2O.24.LO0,
but in most cases review may be complete within a much shorter time period. !f no correction
cycles are required, review should be complete within approximately 30 calendar days from the
date of technical completeness. Correction cycles will extend review time in proportion to the
time the city must wait for an applicant to submit additional or corrected information.
(b) The decision of the director may be reflected on the plans or permit itself or may be
documented in a written report or letter of approval.
(6) Notice of Decision. Public notice of a Type I decision is not required. The applicant shall be notified
in writing or by email that the permit is ready to issue or the application is approved.
(71 Administrative Appeal. There is no administrative appeal of a Type I decision except for decisions
that are appealable to the building board of appeals in accordance with this title and the
lnternational Codes as adopted by the City.
(8) Judicial Appeal. A Type I decision not appealable to the building board of appeals may be appealed
directly to superior court.
2O.22.O4O Type ll (administrative decision, hearing examiner appeal).
(1) General. Type ll applications are defined pursuant to POMC 20.22.O2O. All Type ll applications must
meet all applicable requirements of the POMC in addition to the requirements specified below.
(21 Preapplication Conference. Type ll actions are required to participate in a preapplication conference
pursuant to POMC 20.24.OLO. A limited preapplication conference may be allowed for projects that
do not require substantial review by other departments such as variances and design review without
SEPA or street improvement requirements.
Ordinance No. 029-18
Page 7 of 1,8
(3) Notice of Application. Type ll applications require a notice of application pursuant to Chapter 20.25
POMC.
(4) Review of Application
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an
application and shall ensure the affected departments receive a copyof the application, or
appropriate parts of the application.
(b) Following a determination of technical completeness and determination of consistency pursuant
to POMC 20.24.090, the director shall approve, approve with conditions, or deny all Type ll
applications. Conditions may be imposed directly on the plans (red-lining), through other
documentation reflected on the plans, or in a written staff report or other decision document,
to ensure the requirements of city codes and regulations are met without going through
another correction cycle before permit issuance.
(5) Public Hearing. No public hearing is required forType ll decisions.
(6) Decision. Type ll decisions are subject to the maximum 120-day timeline requirement pursuant to
POMC 20.24.100. A decision for a Type ll action shall be made in writing by the director and shall
include the following information:
(a) A description of the proposal and a listing of permits or approvals included in the application;
(b) A statement of the applicable criteria and standards in this code and other applicable law;
(c) A statement of background information and facts relied upon by the department which show
the application does or does not comply with the approval criteria;
(d) A summary of public comment received and how the department or applicant responded to the
public comments or concerns; and
(e) The decision to deny or approve the application and, if approved, any conditions of approval
necessary to ensure the proposed development will comply with applicable !aw.
(71 Notice of Decision. Public notice of a Type ll decision shall be provided pursuant to Chapter
20.24.100. Notice of a short plat or binding site plan shall be provided in the same manner as notice
of application as set forth in Chapter 20.25 POMC.
(8) Administrative Appeal. A Type ll decision, except for shoreline substantial development permits and
shoreline variances, ffi?y be appealed to the hearing examiner within 14 calendar days of the Notice
Ordinance No.029-18
Page 8 of 18
of Decision. A decision on a shoreline substantial development permit or shoreline variance may be
appealed to the State Shorelines Hearings Board pursuant to Chapter 20.1.64 POMC. Shoreline
appeal procedures and information are available from the department or from the State
Department of Ecology. Administrative appeals of director decisions to the hearing examiner are to
be made on forms provided by the city and shall include the following information:
(a) A brief statement regarding how the appellant is significantly affected by or interested in
the matter appealed;
(b) A specific clear and comprehensible statement of the appellant's issues on appeal,
noting appellant's specific exceptions and objections to the decision or action being
appealed;
(c) The specific relief requested, such as reversa! or modification; and
(d) Signature, address, and phone and fax number of the appellant, and name and
address of appellant's designated representative, if any.
(9) Judicial Appeal. The decision of the hearing examiner on a Type !l appeal may be appealed to
superior court.
2O.22.O5O Type lll (hearing examiner decision, iudicial appeal).
(1) General. Type lll applications are defined pursuant to POMC 2O.22.O2O. All Type lll applications must
meet all applicable requirements of the POMC in addition to the requirements specified below.
(21 Preapplication Conference. Type lll applications are required to have a preapplication conference
pursuant to POMC 2O.24.OL0.
(3) Notice of Application. Type lll applications require a notice of application pursuant to Chapter 20.25
POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall
determine which city departments are responsible for reviewing or commenting on an
application and shall ensure the affected departments receive a copy of the application or
appropriate parts of the application.
Ordinance No.029-18
Page 9 of 18
(b) Following a determination of technical completeness and determination of consistency pursuant
to POMC 20.24.090. the director shall prepare a written recommendation to the hearing
examiner. The director's recommendation shall provide a description of the proposa!, a listing of
the permits orapprovals included in the application, a statement of the criteria and standards
applicable to the proposal, and a review of the background information and facts relied upon by
the director for the recommendation. The recommendation shall enumerate any conditions
needed to ensure the application meets each of the applicable decision criteria.
(c) lf a director recommendation is not available to the hearing examiner as provided in this
section, the hearing examiner may reschedule or continue the hearing upon his or her own
motion or upon the motion of a party, or the hearing examiner may decide the matter without
the recommendation.
(d) The director's recommendation, and any additional staff reports, shall be consistent with RCW
36.70B.060(s).
(5) Public Hearing. A Type lll action requires an open record hearing before the hearing examiner.
(a) At least fifteen (14) calendar days before the date of the hearing, public notice of the hearing
shall be provided consistent with the requirements of POMC 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing notice is issued.
(c) SEPA appeals for type lll decisions may be consolidated with a public hearing as provided for in
POMC 20.1.60.240(s).
(d) The burden of proof shall be on the applicant to demonstrate that the proposal conforms to
applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on
the appellant.
(e) The public hearing shall be conducted pursuant to the hearing examiner's adopted rules and
procedures and shall be recorded on audio or audiovisual tape. The hearing examiner may
remand an application to staff at his or her discretion to allow staff to administratively address
an issue or irregularity with the application or the processing thereof.
(6) Decision.
(a) A written decision for a Type !ll action shall be issued by the hearing examiner within 14
calendar days after the date the record closes, unless the applicant has consented in writing to
an extension of this time period. The hearing examiner's decision shall include the following
information:
Ordinance No.029-18
Page 10 of 18
(i) A description of the proposal and a listing of permits or approvals included in the
application;
(ii) A statement of the applicable criteria and standards in the municipal code and other
applicable law;
(iii) A statement of background information and facts relied upon by the hearing examiner
which show the application does or does not comply with the approval criteria and
sta nda rds;
(iv) A summary of public testimony and public comment received and how the department or
the applicant responded to the public testimony and public comments; and
(v) The decision to deny or approve the application and, if approved, any conditions of approval
necessary to ensure the proposed development will comply with applicable law.
(b) Notice of Decision. Public notice of a Type lll decision shall be provided pursuant to POMC
20.24.L00.
(7) Reconsideration.
(a) The hearing examiner may reconsider a Type lll decision if a written request for such
administrative appeal is filed by a party of record within L4 calendar days of the date of the
notice of decision. Grounds for requesting reconsideration shall be limited to the following:
(i) The decision or conditions of approval are not supported by facts in the record;
(ii) The decision contains an error of law;
(iii) There is newly discovered evidence potentially material to the decision which could not
reasonably have been produced prior to the open record pre-decision hearing; or
(iv) The applicant proposes changes to the proposal in response to deficiencies identified in the
decision.
(b) Any request for reconsideration shall be mailed to all parties of record on the same day as the
request is mailed or delivered to the hearing examiner.
(c) A request for reconsideration shall stop the running of the judicial appeal period on a Type lll
decision for seven calendar days. During this time period, the hearing examiner shall decide
whether reconsideration is appropriate. lf the hearing examiner decides to reconsider the
decision, the judicial appeal period will be placed on hold until the reconsideration process is
Ordinance No.029-18
Page 11 of 18
complete and a new decision is issued. lf the hearing examiner decides to reconsider a decision,
all parties of record shall be notified.
(d) The hearing examiner shall, by order, set a schedule for other parties of record to respond in
writing to the reconsideration request and shall issue a decision no later than 14 calendar days
following the due date for submittal of written responses. A new judicial appeal period shal!
commence from the date of the hearing examiner's decision on reconsideration.
(8) Judicial Appeal. Type lll decisions, except shoreline conditional use permits and any associated
shoreline permits, may be appealed to superior court. Shoreline decisions are appealable to the
State Shorelines Hearings Board.
20.22.060 Type lV (city council decision, judicial appeal).
(1) General. Type lV applications are defined pursuant to POMC 20.22.020. All Type lV applications must
meet all applicable requirements of the POMC in addition to the requirements specified below.
(21 Preapplication Conference. Type lV applications are required to have a pre-application conference
pursuant to POMC 20.24.O1O.
(3) Notice of Application. Type lV applications require a Notice of Application pursuant to Chapter 20.25
POMC.
(4) Review of Application
(a) The director shall commence review of the permit application pursuant to Chapler 20.24 POMC.
The director shall determine which city departments are responsible for reviewing or
commenting on an application and shall ensure the affected departments receive a copy of the
application or appropriate parts of the application.
(b) Following a determination of technical completeness and determination of consistency pursuant
to POMC 20.24.090, the director shall prepare a written recommendation to the hearing body.
The director's recommendation shall provide a description of the proposal, a listing of the
permits or approvals included in the application, a statement of the criteria and standards
applicable to the proposal, and a review of the background information and facts relied upon by
the director for the recommendation. The recommendation shall enumerate any conditions
needed to ensure the application meets each of the applicable decision criteria.
(c) lf a SEPA Determination of Nonsignificance (DNS) is issued for the proposal, the DNS will be
issued in conjunction with the director's recommendation to the hearing body.
Ordinance No.029-18
Page 12of 18
(d) Within 14 calendar days of holding a public hearing, the hearing body shall issue a
recommendation on the application to the city council.
(5) Public Hearing. A Type lV action requires an open record hearing for a recommendation before
either the hearing examiner or planning commission, pursuant to the requirements of the individual
permit application requirements.
(a) At least t4 calendar days before the date of the hearing, public notice of the hearing shall be
provided consistent with the requirements of POMC 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing notice is issued.
(c) SEPA appeals for Type lV decisions may be consolidated with a public hearing as provided for in
POMC 20.t6O.240(5).The burden of proof shall be on the applicant to demonstrate that the
proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the
burden of proof is on the appellant.
(d) The public hearing shall be conducted pursuant to the hearing body's adopted rules and
procedures and shall be recorded on audio or audiovisual tape.
(6) Decision. Following receipt of a recommendation from the hearing body, the city council shall
approve, approve with conditions, or deny a Type lV application by ordinance.
(71 Administrative Appeal. There is no administrative appeal of Type lV decisions.
(8) Judicial Appeal. A Type lV decision may be appealed to superior court.
20.22.07O Permit Process Types-Type V (legislative actions).
(1) General.
(a) Type V actions are defined pursuant to POMC 2O.22.O2O. All Type V proposals are legislative
actions, but not all legislative actions are Type V decisions. Legislative actions involve the
creation, amendment, or implementation of policy or law by ordinance. In contrast to other
types of actions, legislative actions apply to large geographic areas and are of interest to many
property owners and citizens.
(b) Type V actions are not subject to the application procedures in Chapter 20.24 POMC, unless
otherwise specified.
(2) Public Hearing.
Ordinance No. 029-18
Page 13 of 18
(a) The planning commission shall hold a public hearing and make recommendations to the city
council on Type V actions. A notice for the public hearing shall be provided pursuant to POMC
20.25.050.
(b) The city council may hold a public hearing on Type V actions prior to passage of an ordinance or
entry of a decision.
(c) The planning commission and/or city council may require more than one public hearing for Type
V actions.
(d) Notice of a public hearing shall be provided to the public at least fifteen (15) calendar days prior
to the hearing by publishing notice as provided for in POMC 20.25.050. ln addition to publishing
notice and posting notice at city hall, at least 15 calendar days prior to the hearing the city shall
mail notice of the public hearing to the applicant, relevant government agencies, and other
interested parties who have requested in writing to be notified of the hearing. lf the legislative
action is for a comprehensive plan amendment, notice of the public hearing shall also be posted
and mailed pursuant to Chapter 20.04 POMC. The city may also provide optional methods of
public notice as provided in Chapter 20.25 POMC.
(3) Review. Review of Type V actions shall be pursuant to the applicable POMC chapter for each action.
(4) Decision. The city council shall issue a final decision on all Type V actions by passage of an ordinance
(5) Appeals. A Type V decision may be appealed to the Growth Management Hearings Board pursuant
to the regulations set forth in RCW 36.70A.290.
(6) Legislative Enactments Not Restricted. Nothing in this section, chapter, or Chapter 20.24 POMC shall
limit the authority of the city council to make changes to the city's comprehensive plan, as part of a
regular revision process, or to make changes to the city's municipal code.
SECTION 3. Cha pter 20.96 POMC is revised to read as follows:
CHAPTER 20.96
VACATION AND ALTERATION OF F!NAL PLATS AND SHORT PTATS
Sections:
20.96.010
20.96.O20
20.96.030
Purpose.
Applicability.
Decision type.
Ordinance No.029-18
Page 14 of 18
20.96.040
20.96.050
20.96.060
20.96.070
20.96.080
20.96.090
PIat alteration-Application requ irements.
Application requirements.
Additional notice of public hearing.
Criteria for Approval.
Time Limitation for Final Decision.
Recording.
20.96.010 Purpose.
The purpose of this chapter is to regulate and allow vacation or alteration of approved final subdivision
plats (long subdivision plats) and approved final short plats (short subdivision plats). lt does not allow
modification or revision of preliminary plats or preliminary binding site plans. The procedure for
vacation of final plats and final short plats does not apply to the vacation or alteration of any plat of
state-granted tide or shore lands.
20.96.020 Applicability.
This chapter shall apply to all requests to alter or vacate long subdivision plats, or short subdivision
plats. When an application under this chapter is submitted for the vacation of a plat together with
roads/streets, the procedure for vacation in this chapter shall be used, except that vacations of streets
subject to RCW 35.79.035 may not be made under this procedure.
20.95.030 Decisiontype.
A long subdivision plat vacation or plat alteration is a Type lll land use decision and shall be subject to
the requirements of and processed in accordance with the procedures for such applications and
decisions as set forth in Chapte r 20.22 POMC. A short subdivision plat vacation or plat alteration is a
Type ll land use decision and shall be subject to the requirements of and processed in accordance with
the procedures for such applications and decisions as set forth in Chapte r 20.22 POMC.
(1) Date, name, address and telephone number of the applicant and/or property owner;
(21 The reason(s) for the proposed alteration;
(3) Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels,
sites or divisions in the subdivision proposed to be altered;
(4) lf the subdivision is subject to restrictive covenants which were filed at the time of the approval of
the subdivision, and the application forthe alteration would result in the violation of a covenant, the
20.96.040 Application requirements-Plat alteration.
The following materials shall be submitted to the city for a complete application for the alteration of a
final short subdivision or long subdivision:
Ordinance No.029-18
Page L5 of 18
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;
(5) A copy of the proposed plat sought to be altered, together with all plat amendments recorded;
(6) Mailing labels for all owners of property within the plat boundaries; and
(71 A recent title report (no more than 30 days old) for each property affected by the vacation,
confirming that the title of the lands as described and shown in the proposed vacation area is in the
name of the owner(s) signing the application.
20.96.050 Application requirements-Plat vacation.
The following materials shall be submitted to the city for a complete subdivision vacation application:
(1) Date, name, address and telephone number of the applicant and/or property owner;
(21 The reason(s) for the proposed vacation;
(3) Signatures of all parties having an ownership interest in the subdivision or that portion of the
subdivision proposed to be vacated;
(4) lf the subdivision is subject to restrictive covenants which were filed at the time of the approval of
the subdivision, and the application for the vacation would result in the violation of a covenant, the
application shall include an agreement signed by all parties subject to the covenants, which provides
that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of
the vacation of the subdivision or portion thereof;
(5) Acknowledgement that if any street is included in the application for a vacation, that the applicant
shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted;
(6) A copy of the approved plat sought to be vacated, together with all plat amendments recorded since
the date of the original approval;
l7l Mailing labels for all owners of property within the plat boundaries;
(8) A recent title report (no more than 30 days old) for each property affected by the vacation,
confirming that the title of the lands as described and shown in the proposed vacation area is in the
name of the owner(s) signing the application; and
Ordinance No.029-18
Page 16 of 18
(9) lf the vacation is for a portion of the subdivision the applicant must demonstrate that the partial
vacation will not violate the terms of subdivision approval or this chapter.
20.96.060 Additional notice of public hearing.
ln addition to the notice provided above, the city shall provide notice of an application for vacation or
alteration to all owners of property within the subdivision (excluding the owners of property submitting
the application), as provided for in Subtitle ll of thisTitle, and as provided for in RCW 58.1-7.080 and
58.17.090. The notice shall establish the date of the public hearing.
20.96.O7O Criteria for Approval.
(1) Vacation Criteria. The plat vacation may be approved, approved with conditions, or denied after a
written determination, with findings and conclusions, is made whether the public use and interest
will be served by the vacation.
(21 Dedications and Easements. lf any portion of the land contained in the subdivision was dedicated to
the public for public use and benefit, such land, if not already deeded to the city, shall be deeded to
the city as a condition of approval, unless the city shall make findings that the public use would not
be served in retaining title to those lands. 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 or an alternative
method or methods to extinguish or alter the easement.
(3) Street Vacations. When the vacation application is specifically for vacation of a city street, the city's
street vacation procedures (and/or the procedures in chapter 35.79 RCW) shall be utilized. When
the procedure is for the vacation of a plat together with the streets, the vacation procedure in this
chapter shall be used, but vacation of streets may not be made that are prohibited under RCW
35.79.035 or the city's street vacation ordinance.
(4) Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown
on the county records. lf the vacated land is land that was dedicated to the public, for public use
other than a road or street, and the legislative authority has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person(s) owning the property on each
side thereof, as determined by the legislative authority. When the road or street that is to be
vacated is 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(s) of property contained within the
vacated subdivision.
Ordinance No. 029-18
Page 17 of 18
(5) Alteration Criteria. The alteration may be approved, approved with conditions, or denied after a
written determination, with findings and conclusions, is made whether the public use and interest
will be served by the alteration. lf any land within the alteration area 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. lf any land
within the alteration contains a dedication to the genera! use of persons residing within the
subdivision, such land may be altered and divided equitably between the adjacent properties.
20.96.080 Time Limitation for Final Decision.
A vacation or alteration application shall be approved, approved with conditions or denied within 120
days after the application has been determined to be complete pursuant to POMC 2O.24.O5O, unless the
applicant consents in writing to an extension of such time period.
20.96.090 Recording.
After approval of the alteration or vacation, the city shall order the applicant to produce a revised
drawing of the approved alteration or vacation of the short plat or final plat. The council shall authorize
the mayor to sign the approved short plat or final plat, and then the city shall file it with the county
auditor at the applicant's cost, to become the lawful plat of the property (or to vacate the previously
approved plat).
SECTION 4. Severabil ity. lf any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 5. Corrections. U pon the approval of the city attorney, the city clerk andlor
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 9th day of October 2018.
Ordinance No.029-18
Page 18 of 18
ATTEST:
Brandy Rinearsor, MMC, City Clerk
APPROVED AS TO FORM:
Cates, City ey
PUBLISHED: October L9, 20L8
EFFECTIVE DATE: October 24,2OL8
Diener, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held October 9, 2018.
ORDINANCE NO. 029-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
REVISIONS TO CHAPTER 20.22 (PERMIT PROCESS TYPES) AND CHAPTER 20.96
(VACATION AND ALTERATION OF FINAL PLATS) OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 029-18 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 029-18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 19, 2018