Chapter 17.16
BOUNDARY/LOT LINE ADJUSTMENT
Sections:
17.16.010 Purpose of provisions.
17.16.040 Administrative review.
17.16.010 Purpose of provisions.
A boundary/lot line adjustment is a plan made for the purpose of adjusting boundary lines for minor or insignificant changes in property lines. A boundary line adjustment does not apply to boundary changes or to actions requiring replat, amendment, alteration or vacation of a plat or short subdivision. This chapter is also intended to insure compliance with the Survey Recording Act. (Ord. 92-9 § 3, 1992).
17.16.020 Scope.
The boundary lines separating two lots of record may only be adjusted under the provisions of this chapter. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to subdivision. Boundary line adjustments shall not:
A. Create any additional lot, tract, parcel, site or division;
B. Create a lot, tract, parcel, site or division which contains insufficient area or dimension to meet the minimum requirements for area and dimension for a building site as set forth in the land use codes and regulations, except for utility right-of-way or road right-of-way or other town use at the request of the town;
C. Diminish or impair drainage, water supply and 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. Violate restrictive covenants contained on the face of existing plat or binding site plan;
F. Violate required approvals;
G. Leave a lot, tract, parcel, site or division without legal access;
H. Increase the nonconforming aspects of an existing nonconforming lot;
I. Replat, amend, alter or vacate a plat or short subdivision;
J. Amend the conditions of approval for previously platted property. (Ord. 92-9 § 3, 1992).
17.16.030 Application.
A. Applications for boundary line adjustments shall be made on forms provided by the town and shall be submitted to the public works director with five 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. Note that all building setbacks as set forth in the town land use codes and regulations shall be met or variances must be secured for these exceptions prior to approval;
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. All parcel numbers of affected lots;
6. The location of the property to quarter/quarter section;
7. The location and dimensions of any drainfield, easement or right-of-way existing within or adjacent to any affected lots;
8. The area and dimensions of each lot following the proposed adjustment;
9. The existing, and if applicable, proposed future method of sewage disposal for each affected lot;
10. The mylar shall be titled on the top of the page, in large capital letters, the following:
RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT
11. All requirements of 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 CHAPTER 332-130 WAC.
B. The mylar for recording in the auditor’s office shall contain all survey information required for a record survey under the “Survey Recording Act,” Chapter 58.09 RCW, together with the following additional signature blocks which shall be fully executed before approval:
1. Surveyor’s certificate;
2. Public works director;
3. Fire marshal;
4. Mayor;
5. Owner’s signature.
C. Boundary line adjustment applications shall be submitted to Pierce County with a preliminary title report or certificate of ownership from the title company. The preliminary title report or certification shall set forth all persons having an ownership interest in the lot 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 if so requested by the town, without cost to the town.
D. An application for a boundary line adjustment shall be accompanied by a nonrefundable fee as set by town resolution. (Ord. 92-9 § 3, 1992).
17.16.040 Administrative review.
An application for a boundary line adjustment shall be approved, approved with conditions, returned to the applicant for modifications, or denied within 30 days of its receipt by the public works director. The director shall not be considered to be in receipt of a complete application unless and until such time as the applicant meets the requirements of EMC 17.16.030, as determined by the public works director or his/her designee.
A. The public works director shall forward a copy of the proposed boundary line adjustment to the affected town departments. The departments shall review the proposed boundary line adjustment and submit any comments to the public works director.
B. Following receipt of the comments of consulted departments under subsection (A) of this section, the director or his/her designee shall approve or deny the requested adjustments. After approval, the applicant’s surveyor must record the survey of boundary line adjustment, together with deeds of conveyance signed by parties disclosed in the title report when the adjusted boundary separates different ownerships. If the record of survey and required deeds of conveyance have not been recorded within 30 days of boundary line approval, the boundary line adjustment will be null and void.
C. The approval of a boundary line adjustment shall not be a guarantee that future permits will be granted for any structures or development within a lot affected by the boundary line adjustment.
D. An aggrieved person may appeal the director’s decision on a boundary line adjustment to the town council by filing an appeal with the town clerk within 10 days of the decision of the public works director. (Ord. 92-9 § 3, 1992).