Chapter 17.34 BOUNDARY LINE ADJUSTMENTS

Chapter 17.34
BOUNDARY LINE ADJUSTMENTS

Sections:

17.34.030 Application requirements.

17.34.040 Criteria for approval.

17.34.010 Purpose.

The purpose of this chapter is to provide procedures and criteria for the review and approval of adjustments to boundary lines of legal lots or building sites in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, for clustering of existing rural and agricultural lots in accordance with DCC Section 18.16.044, for ag-to-ag transfers in accordance with DCC Section 18.16.220(A), or for other similar purposes. (Ord. TLS 17-12-44C Exh. A (part))

17.34.020 General.

If an alteration results in any of the following it is not a boundary line adjustment:

A. Creates any additional lot, tract, parcel, site or division;

B. Results in a lot, tract, parcel, site or division which contains insufficient area or dimension to meet the minimum requirements for area and dimensions as set forth in DCC Title 18, Zoning, except as provided in DCC Section 17.34.040(C); or

C. Vacates a final plat, final short plat or final binding site plan. (Ord. TLS 19-16-41B Exh. B (part): Ord. TLS 17-12-44C Exh. A (part))

17.34.030 Application requirements.

A complete boundary line adjustment (BLA) application shall be filed with the department on forms prescribed by the director, shall be signed by the owner(s) of the property, and must incorporate the following:

A. The names, addresses and telephone numbers of all persons, firms, and corporations holding interests in all lands involved;

B. County assessor parcel number(s) and current legal descriptions of the lands involved;

C. Notarized signatures of all persons identified in subsection (A) of this section declaring and acknowledging that Douglas County makes no representation that:

1. Properties have legal access;

2. Applicants are able to obtain permits necessary for development and variances, health permits, building permits;

3. Easements and subsurface utilities and features have not been affected by the adjustment;

4. The proposed legal descriptions are sufficient and accurate;

5. Critical areas may impact properties involved;

6. The boundary adjustment is allowed/prohibited by law;

D. A disclaimer advising that Douglas County assumes no liability in any action that may arise as a result of the boundary line adjustment and that owners, successors and assigns acknowledge and agree that Douglas County is not liable in any action arising from the boundary line adjustment, and all parties agree to indemnify, defend and hold Douglas County harmless from any and all claims, lawsuits and other actions;

E. A map or maps prepared by a licensed professional land surveyor, sheet size eight and one-half inches by eleven inches, that discloses the present and proposed property boundaries, location of all buildings, easements, water lines, on-site sewage systems, other utilities, roads, and other significant features;

F. Legal descriptions of the revised lots, tracts, or parcels, certified by a licensed surveyor;

G. The area and dimensions of each lot following the proposed adjustment;

H. Certification of the professional land surveyor that prepared the site plan and legal descriptions for the newly configured lots including his/her signature, license number and seal;

I. Approval signature blocks for the county assessor, county treasurer and the director; and

J. All other information required for applications in DCC Title 14, Development Permit Procedures and Administration. (Ord. TLS 17-12-44C Exh. A (part))

17.34.040 Criteria for approval.

The following criteria for approval shall govern consideration of boundary line adjustments:

A. The proposed boundary line adjustment is consistent with applicable development restrictions or code requirements including but not limited to restrictions and requirements of the Douglas County development regulations;

B. Property taxes are paid in full on all parcels; and

C. If the proposed boundary adjustment contains one or more lots that are nonconforming due to lot size, the lots involved in the boundary adjustment may be adjusted as long as no lot becomes smaller (in area) than the smallest original lot. (Ord. TLS 19-16-41B Exh. B (part): Ord. TLS 17-12-44C Exh. A (part))

17.34.050 Recording.

A. The applicant must record the boundary line adjustment with the county auditor within six months of approval by the department to finalize an approved boundary line adjustment or the approval shall be void.

B. If the boundary line adjustment affects more than one property owner, a conveyance document(s) shall be recorded at the same time as the boundary line adjustment. The conveyance document(s) shall establish ownership consistent with the approved, adjusted boundaries. When a boundary line adjustment is recorded subsequent to a record of survey for the same property, the recording number of the record of survey shall be noted on the boundary line adjustment map. (Ord. TLS 17-12-44C Exh. A (part))