HomeMy WebLinkAbout77-03 - Ord. Interim County Development Regulation for Processing Requests for Removal of Drainage and ORDINANCE NUMBER 77 - 3
INTERIM MASON COUNTY DEVELOPMENT REGULATION FOR
PROCESSING REQUESTS FOR REMOVAL OF DRAINAGE AND UTILITY EASEMENTS
(PLAT ALTERATION)
AN ORDINANCE adopting interim amendments to the Mason County Development Code, Title 15 ,
under the authority and requirements of Chapters 36 . 70, 36 . 70A, and 58 . 17 RCW, and RCW
36 . 34 . 005 .
WHEREAS , RCW 58 . 17 .215 states the process for plat alteration, and RCW 58 . 17 . 330 provides the
authority of Counties to adopt a hearing examiner system to process plat applications and
modifications ;
WHEREAS , decisions regarding disposal of surplus property have traditionally been within the
purview of the County Commissioners ;
WHEREAS , Mason County has received numerous requests for the removal of drainage and utility
easements as part of a plat alteration process ;
WHEREAS , in those cases where there is a drainage and utility easement for the benefit of the
public, the value of that easement has almost always been valueless ;
WHEREAS , almost all of these drainage and utility easements were based on now obsolete
subdivision design and are no longer current practice ;
WHEREAS , the purpose of the removal of the drainage and utility easements in almost every case
has been for the purpose of combining lots so that a land owner could build across what would have
been the lot line ;
WHEREAS , the current process of disposing the County' s property interest in those drainage and
utility easements is unclear and ineffective ;
WHEREAS , requiring a public auction for the sale of the public interest in the drainage and utility
would be unduly cumbersome on property owners and the public ;
WHEREAS , the resale and market value of the drainage and utility easements is also ordinarily
valueless or close to worthless ,
WHEREAS , there is an immediate need for disposing of the public interest ' s in those drainage and
utility easements because the County has a backlog of landowners who are waiting for a clear
process to dispose of those drainage and utility easements .
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of Commissioners of Mason
County hereby ADOPTS an amendment to the Mason County Development Code, Title 15 , and
. Ordinance 77 - 03 as follows :
Section 1 . Add a new section at 15 . 03 . 060 as follows :
15 . 03 . 060 Hearing Examiner and County Commissioners (drainage and utility easements)
A . The Board of County Commissioners may review and act on applications for the removal of
utility and drainage easements . At such time, or at a later time, the County Commissioners
may dispose of any county property interest in the drainage and utility easements when the
County Commissioners are in possession of a statement from the Public Works Engineer and
the Utilities Director, or the County Administrator in their absence, that, in their opinion the
county has no interest in the easements , that in their opinion the easements are not needed
and are not likely to be needed, and also in their opinion the easements have no known
present or future value to the county. Such disposal itself shall not require a public hearing,
provided that there was a hearing on the review and action on the application for removal of
drainage and utility easements before the Board of County Commissioners or the Hearing
Examiner.
B . The Hearing Examiner may review and act on applications and the plat alterations thereof
for the removal of drainage and utility easements . When the County has no interest in
any drainage or utility easement, the Hearing Examiner may act on the removal of the
easements without a public hearing, provided that all parties entitled to notice under
RCW 58 . 17 . 080 and 58 . 17 . 090 shall be given notice, which provides that they have an
opportunity for a hearing within 14 days of the receipt of the notice should one be
requested. If the application requests removal of a drainage and utility easement in which
the County has an interest, the hearing examiner may review and act on the application
for removal of the drainage and utility easements . When the county does have an interest
in the easements , then there shall be a public hearing before the hearing examiner.
However, the disposal of the county' s interest in the drainage and utility easements shall
take place as set forth in subsection (A) above .
Section 2 . These interim amendments shall remain in effect through January 22 , 2004 .
DATED this 22nd day of July, 2003 .
Board of Commissioners , Mason County, Washington
a ATT T :
' 9ic °ice '
Herb Baze, Commissioner Clerk of the Board
Absent 7 / 22 / 03 APPROVED AS TO FORM :
Wesley E . Johnson, Commissioner
q �t Deputy Prosecuting Attorney
Ja ,4 i K min, Commissioner