Part 6

 

MISCELLANEOUS APPROVALS

 

 

 

 

 

Chapters:

 

          15.90 Annexation

          15.92 Boundary Line Adjustment

          15.94 Vacation of Public Rights-of-way

 

 


Chapter 15.90

 

ANNEXATION

 

 

Sections:

 

15.90.010   Areas Eligible for Annexation

15.90.020   Procedure for Annexation

 

 

15.90.010        Areas Eligible for Annexation:

Only those areas within South Prairie’s urban growth area are eligible for annexation, in accordance with RCW 35.27.

 

15.90.020        Procedure for Annexation:

Owners of property within the Town’s urban growth area who wish to annex to the Town must follow the procedures for annexation as outlined in RCW 35.27.


Chapter 15.92

 

BOUNDARY LINE ADJUSTMENT

 

 

Sections:

 

15.92.010   Description

15.92.020   Pre-application Conference

15.92.030   Submitting Boundary Line Adjustment Application, Related Materials, and Fee

15.92.040   Town Planner Review and Recommendation

15.92.050   Town Council Review and Decision

15.92.060   Report of Decision

15.92.070   Record Boundary Line Adjustment

 

 

15.92.010        Description:

A.        A boundary line adjustment:

                        1.         Is a legal method of moving a property line?

2.         May be used to accommodate a minor transfer of land between adjacent legally created lots in order to correct property line or setback encroachments, create better lot design, or improve access, without creating substandard lots or substandard yard or setback areas; and

3.         May be used to eliminate boundary lines between lots under the same ownership.

B.         It is not the purpose of a boundary line adjustment to create additional building lots.

C.        A boundary line adjustment is exempt from most procedures in Chapter 15.08 of this ordinance, as explained in Subsection 15.08.030 B.

D.        A boundary line adjustment is exempt from SEPA requirements.

 

15.92.020        Pre-application Conference:

A.        An applicant may request a pre-application conference with the Town Planner before submitting a boundary line adjustment application to discuss requirements and the review process, in accordance with Section 15.08.040 of this ordinance.

B.         If an applicant requests consolidated permit processing, a pre-application conference is required.

 

 

 

 

15.92.030        Submitting Boundary Line Adjustment Application, Related Materials, and Fee:

A.        Persons requesting a boundary line adjustment must submit the following to the Clerk-Treasurer, in accordance with Section 15.08.060 of this ordinance:

1.         A Boundary Line Adjustment Application Form, provided by the Town;

2.         A scaled map of the properties involved in the boundary line adjustment showing the existing and proposed boundaries;

3.         Title certificates indicating the ownership of the real property parcels which are to be included in the boundary line adjustment request. All persons and entities having a title interest in the property to be adjusted are required to sign all documents relating to the request; and

4.         Proof that all past-due property taxes are paid.

5.         An application fee (see current Fee Schedule).

B.         The Clerk-Treasurer will forward (1-4) above to the Town Planner.

 

15.92.040        Town Planner Review and Recommendation:

The Town Planner will evaluate the boundary line adjustment request in relation to the current Comprehensive Plan and zoning district requirements in making his recommendation to the Town Council.

 

15.92.050        Town Council Review and Decision:

            A.        The Town Council will evaluate the boundary line adjustment request in relation to the current Comprehensive Plan and zoning district requirements in making its decision.

B.         The decision of the Town Council must be written and include findings of fact and conclusions to support the decision.

            C.        All decisions of the Town Council must be written and based upon findings of fact and conclusions of law.

 

15.92.060        Record Boundary Line Adjustment:

A.        The applicant must:

1.         Record the boundary line adjustment approval with Pierce County; and

2.         Send a copy to the Pierce County Assessor’s office in order for the tax records to be adjusted.

B.         A copy of the approval showing that it has been recorded must be returned to the Town of South Prairie. The approval will not be deemed final until the applicant has complied with the requirements of this section.

 


           

15.92.070        Appeals:

Decisions of the Town Council may be appealed to the Pierce County Superior Court in accordance with Section 15.08.160 of this ordinance.

 

 


Chapter 15.94

 

VACATION OF PUBLIC RIGHTS-OF-WAY

 

 

Sections:

 

          15.94.010   Petition by Owners

          15.94.020   Setting Date for Hearing

          15.94.030   Notice of Hearing

          15.94.040   Hearing - Ordinance of Vacation

          15.94.050   Record Ordinance

15.94.060   Limitations on Vacations of Streets Abutting Bodies of Water

          15.94.070   Title to Vacated Street or Alley

          15.94.080   Vested Rights not affected

 

 

15.94.010        Petition by owners:

A.        The owners of an interest in any real estate abutting upon any street or alley may petition the Town Council to make vacation, giving a description of the property to be vacated.

B.         The Town Council itself may also initiate a street vacation procedure.

            C.        The petition or resolution must be filed with the Town Clerk-Treasurer.

           

15.94.020        Setting Date for Hearing:

A.        The Town Council will, by resolution, set a date when the petition will be heard and decided upon, if the petition is signed by more than two-thirds of the property owners abutting the street or alley sought to be vacated.

B.         The date must be not more than sixty days (60) nor less than twenty (20) days after the date of the passage of such resolution.

           

15.94.030        Notice of Hearing:

A.        Upon passage of the resolution, the Town Clerk must post notice of the petition in three public places in Town and a notice in a conspicuous place on the proposed street or alley to be vacated. The notice must contain:

1.         A statement that a petition has been filed to vacate the street or alley described in the notice; and

2.         A statement of the time and place for the hearing of the petition.

            B.         If the proceeding is initiated by resolution of the Town Council and not by property owners, the notice described in Subsection A above must be mailed to the owners of property abutting upon any part of a street or alley sought to be vacated, as shown on the rolls of the County Treasurer, at least fifteen (15) days before the date fixed for the hearing. Provided, that if fifty percent (50%) of the abutting property owners file written objection to the proposed vacation with the Town Clerk, before the hearing, the Town will not proceed with the resolution.

           

15.94.040        Hearing - Ordinance of Vacation:

A.        The Town Council will hold the hearing on the Vacation petition.  If the Town Council decides to grant the petition or any part of it, the Town Council may by ordinance vacate the street or alley.

B.         The ordinance will provide that the ordinance will not become effective until the owners of property abutting upon the street or alley so vacated, will compensate the Town in an amount which does not exceed one-half (1/2) the appraised value of the area so vacated, except in the event the subject property was acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation: Provided, that the ordinance may provide that the Town retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.

C.        The petitioning parties are responsible for arranging and paying for the appraisal.

D.        If the Town is initiating the vacation, it is responsible for arranging and paying for the appraisal.

 

15.94.050        Record Ordinance:   

A certified copy of the ordinance must be recorded by the Town Clerk-Treasurer and with the Pierce County Auditor.

           

15.94.060        Limitations on Vacations of Streets Abutting Bodies of Water:

A.        The Town may not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless:

1.         The vacation is sought to enable the Town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;

2.         The Town Council by resolution declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or

3.         The vacation is sought to enable the Town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alley sought to be vacated abut, had the properties included in the plan not been vacated.

B.         Before adopting a resolution vacating a street or alley under Subsection A (2) above, the Town must:

1.         Compile an inventory of all rights-of-way within the Town that are abutted by the same body of water that is abutted by the street or alley sought to be vacated,

2.         Conduct a study to determine if the street or alley to be vacated is suitable for use by the Town for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;

3.         Hold a public hearing on the proposed vacation in the manner required by this Chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and

4.         Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under Subsection A (2) above, and that the vacation is in the public interest.

C.        No vacation will be effective until the fair market value has been paid for the street or alley that is vacated. The Town may only use the money received from the vacation for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites.

 

15.94.070        Title to Vacated Street or Alley:

If the Town Council vacates any street or alley, the property within the limits so vacated will belong to the abutting property owners, one-half (1/2) to each.

 

15.94.080        Vested Rights not affected:

The provisions of this Chapter affect no vested rights.