Chapter 24.07
Boundary Line Adjustment1
Sections:
24.07.050 Departmental review--Review criteria.
24.07.010 Purpose.
The purpose of this chapter is to clearly delineate the criteria used by City departments to review boundary line adjustments. Boundary line adjustments provide a procedure for minor or insignificant changes in property lines. A boundary line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a boundary line, or to remedy adverse topographical features. A boundary line adjustment shall not be submitted that proposes boundary changes that would result in increased development or density otherwise regulated by applicable City land use codes and regulations, or to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision. This chapter is also intended to ensure compliance with the Survey Recording Act. (Ord. 07-835 § 1).
24.07.020 Scope.
The boundary lines separating four or fewer lots of record may only be adjusted under the provisions of this chapter. Extinguishing such lot lines is not a boundary line adjustment subject to the requirements of this chapter. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations. Boundary line adjustments shall not:
(a) Create any additional lot, tract, parcel, site, or division;
(b) Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health codes and regulations. This chapter shall not be construed to require correction or remedy of pre-existing nonconformities or substandard conditions;
(c) Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;
(d) Create or diminish any easement or deprive any parcel of access or utilities;
(e) Increase the nonconforming aspects of an existing nonconforming lot;
(f) Replat, alter (except as provided in RCW 58.17.140), or vacate a plat or short subdivision; or
(g) Amend the conditions of approval for previously platted property. (Ord. 07-835 § 1).
24.07.030 Procedure and fees.
A boundary line adjustment shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing. (Ord. 07-835 § 1).
24.07.040 Filing.
(a) The Department shall prescribe the form and content for complete applications made pursuant to this section. Applications for boundary line adjustments shall be made on forms provided by the Department and shall be submitted to the Department with one original and eight copies of a mylar plan signed and stamped by a professional land surveyor, drawn to scale with accurate dimensions, clearly showing the following information:
(1) The proposed lines for all affected lots, indicated by heavy solid lines;
(2) The existing lot lines proposed to be changed, indicated by heavy broken lines;
(3) The location and dimensions of all structures/improvements existing upon the affected lots and the distance between structure/improvements and the proposed lot/boundary lines;
(4) The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.;
(5) The position of rebar and caps set at each new property corner;
(6) All parcel numbers of affected lots;
(7) The location of the property to quarter/quarter section;
(8) The location and dimensions of any drain field, easement, or right-of-way existing within or adjacent to any affected lots;
(9) The area and dimensions of each lot following the proposed adjustment;
(10) The existing, and if applicable, proposed future method of sewage disposal for each affected lot.
(b) Record of Survey for Boundary Line Adjustments.
(1) The mylar shall be titled on the top of the page, in large capital letters, as follows:
RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT
(2) A note shall be placed on the mylar that reads as follows:
THIS BOUNDARY LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION.
APPROVAL OF A BOUNDARY LINE ADJUSTMENT IS NOT A GUARANTEE THAT FUTURE PERMITS WILL BE GRANTED FOR ANY STRUCTURE OR DEVELOPMENT WITHIN A LOT AFFECTED BY A BOUNDARY LINE ADJUSTMENT.
(3) All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed on the mylar that reads as follows:
THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND CHAPTER 332-130 WAC.
(c) Boundary line adjustment applications shall be submitted to the Department with a preliminary title report setting forth all persons having an interest in the lots affected by the boundary line adjustment. The preliminary title report must be dated no more than 30 days prior to application and must be updated to the date of boundary line adjustment approval, without cost to the City.
(d) The mylar for recording in the auditor’s office shall contain all survey information required for a record of survey under the “Survey Recording Act,” Chapter 58.09 RCW and Chapter 332-130 WAC, together with the following additional signature blocks, which shall be fully executed before approval:
SURVEYOR’S CERTIFICATE
This map correctly represents a survey made by me or under my direction in conformance with the requirements of Survey Recording Act at the request of _________ on _________ , 20____ .
_______ Certificate Number
______________
Surveyor
COMMUNITY DEVELOPMENT DEPARTMENT
_________________ _________
Director Date
CITY TREASURER
I hereby certify that all city taxes heretofore levied against the property described hereon, according to the books and records of my offices, have been fully paid.
_________________ _________
Director Date
(e) A free consent statement, as shown below, shall be inked on the mylar. This shall be signed and notarized, prior to submittal, in permanent black ink, by all parties having interest in the property. Owners’ names shall also be lettered below the signatures.
The undersigned agree that the boundary line adjustment set forth herein is made with the free consent and in accordance with the desires of the owners.
(Paper Press Seals Will Not Be Accepted) ________________
Notary Seal
_____________________
I hereby certify that the above individual(s) signed as a free and voluntary act and deed for the uses and purposes herein mentioned.
Given under my hand and seal this ____ day of ______, 20__.
___________, NOTARY PUBLIC, in and for the State of Washington, residing at __________ .
(Ord. 07-835 § 1).
24.07.050 Departmental review--Review criteria.
A completed application for a boundary line adjustment shall be reviewed by City departments.
(a) The Department shall forward a copy of the proposed boundary line adjustment to the City Engineer, Fire Department, Pierce County, or to any other department or division.
(b) The departments shall review the proposed lot line elimination for compliance with applicable adopted plans, policies and regulations and forward comments to the Department.
(c) If the Department determines that an application for boundary line adjustment may impair drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract, parcel, site, or decision, it shall refer the application to the appropriate department for review.
(d) Following receipt of the comments of consulted departments the Director shall approve or deny the requested adjustments.
(e) The applicant shall record the approved boundary line adjustment drawings within 30 days of approval. If not, the boundary line adjustment shall be null and void.
(f) The approval of a boundary line adjustment shall not be a guarantee that future permits will be granted for any structure or development within a lot affected by the boundary line adjustment. (Ord. 07-835 § 1).
24.07.060 Control monuments.
Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being adjusted. The City Engineer shall determine the number and location of permanent control monuments. (Ord. 07-835 § 1).
24.07.070 Appeals.
Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060. (Ord. 07-835 § 1).
Prior legislation: Ord. 03-747.