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13.100.110 Vacation in conjunction with land development.
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Where vacation of a county road and/or right-of-way is proposed as part of a development application that requires approval by the hearing examiner, and the engineer determines that the criteria for vacation exist, the function of the council as set forth in SCC 13.100.020, 13.100.040, SCC 13.100.060, SCC 13.100.070 and SCC 13.100.080 may, upon written request by the developer, be performed by the hearing examiner. Council review of the report of the engineer and ordinance in accordance with SCC 13.100.050 shall not be required.

(1) The engineer shall prepare a motion for consideration by the hearing examiner for vacation of the county road and/or right-of-way, in lieu of the ordinance required by SCC 13.100.020.

(2) The hearing on the vacation shall be held concurrent with the open record hearing on the development proposal. Notice in accordance with SCC 13.100.050 shall be published by the department of planning and development services and incorporated within the notice of the hearing on the development proposal.

(3) The hearing examiner shall make findings as to whether the subject county road and/or right-of-way is not useful and whether the public will be benefitted by the vacation, and shall make a recommendation to the county council as to whether vacation should be approved and any conditions that should apply. The hearing examiner’s recommendation shall be subject to reconsideration pursuant to SCC 2.02.167 to the same extent as any other hearing examiner decision.

(4) The county council shall consider such recommendation at a public meeting. If the county council determines that the county road and/or right-of-way should be vacated, it shall be vacated by motion.

(5) The county council may determine at the public meeting that additional public testimony is warranted to consider the vacation and set a date for an additional public hearing in accordance with SCC 13.100.050 and SCC 13.100.060. (Added by Ord. 96-028 § 94, June 12, 1996, Eff date June 29, 1996).