Chapter 22G.110
BOUNDARY LINE ADJUSTMENTS
Sections:
Article I. General Provisions
22G.110.010 Title for citation.
Article II. Review Process
22G.110.050 Application submittal.
22G.110.070 Boundary line adjustments with existing structures.
22G.110.090 Information for recording.
Article III. Appeals
22G.110.120 Boundary line adjustments – Appeals to hearing examiner.
22G.110.130 Time period stay – Effect of appeal.
Article IV. Enforcement and Penalties
Article I. General Provisions
22G.110.010 Title for citation.
This chapter shall be known as the boundary line adjustment ordinance of the city of Marysville, and the requirements set forth in this chapter are applicable to all boundary line adjustments. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.020 Jurisdiction.
These regulations shall apply to all boundary line adjustments within the incorporated area of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.030 Purpose.
(1) The purpose of this chapter is to provide a method for approval of boundary line adjustments which does not create any additional lot, tract, parcel, building site or division, while ensuring that such boundary line adjustment satisfies public concerns of health, safety and welfare. The boundary line adjustment ordinance shall not be utilized as a substitute for comprehensive subdividing or short subdividing in accordance with the requirements of the city’s subdivision ordinance and Chapter 58.17 RCW.
(2) It is further the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title.
(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner and applicant, and no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
(4) Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure to comply with this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.040 Administration.
The community development director shall have the duty and responsibility of administering the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
Article II. Review Process
22G.110.050 Application submittal.
(1) Application Fees. The applicant shall pay the required fees as established by the city’s fee ordinance when submitting the boundary line adjustment application. Note: county recording fees are the applicant’s responsibility and must be paid to the county auditor by the applicant at the time of recording.
(2) Application Documents. A boundary line adjustment application shall consist of the following documents: application form, legal descriptions of existing and adjusted lot, tract, parcel or building site, affidavit of ownership, vicinity map, boundary line adjustment certificate including proof of legal lot status, declaration of legal documentation, and proposed boundary line adjustment/survey map. The city shall provide appropriate forms and application instructions. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.060 Review process.
(1) Action by the Department. If the boundary line adjustment application is complete and the required fee is paid, the department shall accept the application and conduct a city review.
(2) Action by Other City Departments. The department will circulate copies of the proposed boundary line adjustment application to the city’s building, fire, and public works departments. Each department shall provide the department with recommendations within 10 calendar days from the time a completed application is received.
(3) Factors Considered by the Department. In order for a boundary line adjustment to be approved, it must comply with all of the following criteria. Failure to comply with any of the following criteria will result in denial:
(a) Boundary lines may not be adjusted which will result in the creation of any additional lot, tract, parcel, building site or division, nor create any lot, tract, parcel, building site or division which contains insufficient area dimensions to meet the minimum requirements as specified by the city’s zoning code for lots, tracts, parcels or building sites, except as permitted in subsection (3)(d) of this section; and
(b) Boundary lines may not be adjusted between lots which have been created for tax purposes only. The applicant shall provide evidence of legal lot status; and
(c) Boundary lines may not be adjusted where the adjustment will result in an increase in the potential number of dwelling units on lots, tracts, parcels or building sites permitted; and
(d) Boundary lines of nonconforming lots may not be adjusted where the adjustment of the line(s) will result in making the lots, tracts, parcels or building sites more nonconforming; and
(e) Boundary lines may not be adjusted when the adjustment will result in the city being unable to provide adequate utilities; and
(f) Boundary lines may not be adjusted when the adjustment will result in inadequate frontage on a public street; and
(g) Boundary lines may not be adjusted where the adjustment will result in an inadequate building site for any lot containing area defined as environmentally sensitive; and
(h) Boundary lines may not be adjusted where the adjustment will result in a violation of a city or state code; and
(i) Boundary lines in commercial or industrial zones may not be adjusted unless the criteria of MMC 22G.110.070 are satisfied.
(4) Decision. Following review of the application, a written notice of approval or disapproval shall be issued to the applicant within 30 calendar days of receiving the completed application. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.070 Boundary line adjustments with existing structures.
When boundary line adjustments are submitted proposing the adjustment of lines with existing structures in commercial or industrial zones, the existing structures shall be required to comply with all zoning code requirements including, but not limited to, such things as setback, parking, height, landscaping and access requirements as a condition of boundary line adjustment approval. The applicant shall be required to submit a site plan showing that all of these requirements can be met prior to approval. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.080 Approval.
(1) Time Limits For Approval. The applicant must submit and complete all required documents as specified by this title within one year following the date of approval. Failure to submit and complete the required documents within the one-year period will result in lapse of the approval, requiring the submittal of a new application for consideration of the department. No time extension will be granted; the final required documents must be recorded within the above-stated time frame. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.090 Information for recording.
Information for recording must include the following:
(1) Original Boundary Line Adjustment/Survey Map. After the city has given the applicant approval, the applicant shall submit the original map prepared by a registered land surveyor having a trimmed size of 18 inches by 24 inches. The original map shall be accompanied with original signatures. Information required on the map shall include:
(a) The date, scale and north arrow;
(b) Boundary lines (both present and revised), right-of-way for streets, easements and property lines of lots, tracts, parcels or sites, with accurate bearings, dimensions or angles and arcs, and central angles of all curves;
(c) Names and right-of-way widths of all streets;
(d) Number of each lot, tract, parcel or building site and each block;
(e) Description of private covenants and special restrictions;
(f) Location, dimensions and purpose of any easements;
(g) Location and description of monuments and lot, tract, parcel or building site corners set and found;
(h) If required to define flood elevations or other features relative to the lot, then datum elevations and primary control points approved by the city. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;
(i) Designation by phantom letters of the lot(s), tracts, parcels or building sites existing prior to the boundary line adjustment, and designation by solid letters of the proposed lots, tracts, parcels or building sites;
(j) Special setback lines when different from city’s zoning code;
(k) A dedicatory statement acknowledging any public or private dedications, donations or grants;
(l) Location of existing structures, utilities, setbacks, encroachments and area of all lots, tracts, parcels or building sites after adjustment;
(m) The file number of the boundary line adjustment must be on the boundary line adjustment/survey map.
(2) Certificates.
(a) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ____ day of ____, 20__.
____________________________
Community Development Director
(b) I hereby certify that this boundary line adjustment is based upon an actual survey and subdivision of Section ____, Township ___ North, Range ___ EWM; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing surveying.
____________________________
Licensed Land Surveyor
(Seal)
(c) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including ____ taxes.
_____________________________
Treasurer, Snohomish County
(d) Filed for record at the request of ____ this ____ day of ___, 20__, at ___ minutes past __m, and recorded in Vol. __ of Plats, page __, records of Snohomish County, Washington.
_____________________________
Auditor, Snohomish County
(e) Vicinity Map. A vicinity map clearly identifying the location of the property shall be submitted.
(f) Legal Descriptions. All boundary line adjustment application submittals shall include legal descriptions of the existing and proposed lots, tracts, parcels or building sites. All legal descriptions must be prepared by a licensed surveyor in the state of Washington, attorney, or title company.
(g) Affidavit of Ownership. All boundary line adjustment application submittals shall be accompanied by a notarized signature of the owner, or owners, of the property subject to the boundary line adjustment. Those signing as owners must conform to those designated as owners in the boundary line adjustment certificate. The recording number of the boundary line adjustment/survey map shall be on the affidavit of ownership form.
(h) Declaration of Legal Documentation. All boundary line adjustment application submittals shall be accompanied by a notarized statement containing:
(i) The signatures of owner, or owners, of the property subject to the boundary line adjustment, declaring that they are solely responsible for securing and executing all necessary legal advice or assistance concerning the legal documents necessary to transfer title to those portions of the properties involved in the boundary line adjustment; and
(ii) A declaration that the legal documents necessary to transfer title to the property in question have been prepared and executed so that, upon the recording of the boundary line adjustment, the title to the properties will accurately reflect the new configuration resulting from the boundary line adjustment as approved by the city.
(i) Boundary Line Adjustment Certificate. All boundary line adjustment application submittals shall be accompanied by a boundary line adjustment certificate current to within 30 days of date submitted from a title company that certifies the following:
(i) The legal description of all lots, parcels, tracts or building sites to be adjusted; and
(ii) The names of the owners of any lots, tracts, parcels or building sites to be adjusted; and
(iii) Any easements, restrictions or covenants affecting the property to be adjusted, with a description of such easements, restrictions and covenants. (Ord. 3210 § 5, 2022; Ord. 2852 § 10 (Exh. A), 2011).
22G.110.100 Survey required.
(1) A survey for a boundary line adjustment must be conducted by or under the supervision of a registered Washington State licensed land surveyor. The surveyor shall certify on the boundary line adjustment/survey map that it is a true and correct representation of the lands actually surveyed, in accordance with city and state law.
(2) The survey must indicate that all lot corners are staked. The survey must also show all encroachment(s), buildings and setbacks from property lines.
(3) A record of survey must be filed with the county auditor in accordance with Chapter 58.09 RCW.
(4) Based on the complexity of the proposed boundary line adjustment the community development director may waive the requirement for survey on a case-by-case basis. (Ord. 3210 § 6, 2022; Ord. 2852 § 10 (Exh. A), 2011).
22G.110.110 Recording.
(1) Recording with Auditor. When the boundary line adjustment proposed for recording has been signed by the community development director, and the applicant has complied with all of the requirements of this title and state law, then the applicant shall record the original boundary line adjustment/survey map and the original affidavit of ownership with the county auditor. The applicant will also furnish the city with one reproduced photocopy of the recorded boundary line adjustment/survey map. After this has been done and the boundary line adjustment has been properly recorded, the boundary line adjustment will become valid. The applicant is responsible for recording the boundary line adjustment and paying all associated recording fees. It shall be a violation of this title for anyone to record a boundary line adjustment which does not bear the verification of approval as defined by this title. (Ord. 2852 § 10 (Exh. A), 2011).
Article III. Appeals
22G.110.120 Boundary line adjustments – Appeals to hearing examiner.
(1) All appeals of decisions relating to boundary line adjustments shall be made to the hearing examiner. Such appeals must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the decision was rendered.
(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.
(3) Standing to appeal is limited to the following:
(a) The applicant or owner of the property on which the boundary line adjustment is proposed;
(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed boundary line adjustment. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.130 Time period stay – Effect of appeal.
The filing of an appeal shall stay the running of the time periods for boundary line adjustment approval as are set forth in this title. (Ord. 2852 § 10 (Exh. A), 2011).
Article IV. Enforcement and Penalties
22G.110.140 Violation.
(1) Penalty. Any person, firm or corporation, or association, or any agent of any person, firm or corporation, or association, who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed $1,000, or imprisonment in jail not to exceed 90 days, or both imprisonment and fine. Each separate day, or any portion thereof, during which any violation of any provision of this title occurs or continues, shall be deemed a separate and distinct offense.
(2) Civil Action. Any violation of the provisions of this title constitutes a public nuisance per se which the city can abate by an action in Snohomish County superior court. The city attorney is authorized to commence an action to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this title. The cost of such action shall be taxed against the violator.
(3) Enforcement Provisions. Penalty and enforcement provisions provided in this title are not exclusive, and the city may pursue any remedy or relief deemed appropriate. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.150 Severability.
If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).
22G.110.160 Savings.
Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).