Chapter 16.36
BOUNDARY LINE ADJUSTMENT
Sections:
16.36.030 Authority to approve and procedure.
16.36.040 Submittal requirements.
16.36.050 Restrictions on boundary line adjustments.
16.36.060 Responsibility for filing with county.
16.36.010 Purpose.
The purpose of a boundary line adjustment is to provide procedures and criteria for the review and approval of minor adjustments to boundary lines of certified lots to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve a building site, to achieve increased setbacks from property lines or critical areas, to correct situations where an established use is located across a lot line, to combine substandard lots or for other similar purposes. (Ord. 3428 § 69, 2008).
16.36.020 Definitions.
A. “Boundary line adjustment” means:
1. A transfer of land between two contiguous legally created, certified lots only within the same zoning district; or
2. A transfer of land resulting in the elimination of a lot and the distribution of the property of the eliminated lot to adjoining lots only within the same zoning district, and in either event where the transfer is designed to correct property line or setback encroachments, to create better lot design or improve access without creating substandard lots or substandard yard or setback requirements and without creating additional lots.
B. “Lots” shall mean a fractional part of a subdivided area having fixed boundaries and being of sufficient area and dimensions to meet minimum zoning requirements, and also means any identifiable parcel of unsubdivided land with established boundaries set forth in a deed or other form of conveyance. The term shall include tracts or parcels. (Ord. 3428 § 70, 2008).
16.36.030 Authority to approve and procedure.
A. The community and economic development and public works departments are delegated and assigned the administrative and coordinating responsibilities contained in this chapter and shall have authority to approve or disapprove boundary line adjustments. Boundary line adjustments are processed as a Type I permit pursuant to Chapter 14.05 MVMC, with the public works director making a final decision without public notice or a public hearing.
B. Following are the procedural steps required for the city to process a boundary line adjustment:
1. An applicant must submit all of the items listed within MVMC 16.36.040 to the community and economic development department.
2. The community and economic development department will initiate and complete the project review procedures within MVMC 14.05.110.
3. After the project review procedures have been satisfied; and after the applicant has shown that the boundary line adjustment meets all applicable federal, state and local requirements, the public works director in consultation with the community and economic development department shall either approve or disapprove the boundary line adjustment. (Ord. 3428 § 71, 2008).
16.36.040 Submittal requirements.
Boundary line adjustment applications shall be submitted on forms supplied by the community and economic development department and shall include the following. However, the director can modify the mapping requirements outlined below in circumstances where the level of detail that the required mapping will produce will not aid in the review of the boundary line adjustment.
A. A map prepared by a state of Washington registered land surveyor, fully dimensioned, drawn at a scale approved by the director. The size of the map shall be 18 inches by 24 inches with a minimum two-inch border on the left edge and one-half-inch border on all other sides. Before recording the original shall be in black ink on stabilized drafting film. The desired scale shall be one inch equals 50 feet unless otherwise approved by the director. The map shall contain all of the items stipulated within WAC 332-130-050 as it is currently written or as it may be amended in the future; along with the following information:
1. A title block shall be located in the lower right corner of the map;
2. The name of the proposed BLA, city land use number, and the location of the BLA shall be shown in the title block;
3. All plans shall show the name and address of the applicant and the name, address and telephone number of the surveyor/engineer;
4. An accurate and complete legal description of all of the parcels that are part of the BLA, written or verified by a licensed land surveyor;
5. The names, addresses, and tax identification numbers of the owners of record of property contiguous to the proposed BLA; however, the final recorded BLA shall only contain the tax identification numbers of the owners of record of property contiguous to the proposed BLA;
6. Date, scale, and north arrow;
7. Names, locations, widths, types, and dimensions of abutting and on-site streets, alleys, and easements;
8. Lot lines with all property lines dimensioned and square footage of each lot and parcels identified (e.g., Lot 4);
9. “Old” lot line(s) and “new” lot line(s) clearly labeled and differentiated;
10. Addresses for each lot and street names;
11. Total square footage of existing and revised lots and ground floor square footage of all structures;
12. Location, dimensions and square footage of existing structures to remain with dimensioned distances to property lines;
13. Location of existing conditions (such as wetlands, steep slopes) and their associated buffers on or adjacent to the site that could hinder development;
14. Location of all existing utilities;
15. The location of all wells and septic systems located on or near the project site;
16. Reservations, restrictive covenants, easements, description of any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee and if the grantee is the city, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes;
17. Location of all interior permanent control monuments per state surveying standards;
18. Verification that permanent markers are set at corners of the proposed lots;
19. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated;
20. Surveyor’s testament, stamp and signature;
21. Certification by a state of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set;
22. Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal; and
23. Signature and date line(s) for the public works director.
B. All other materials required to process a boundary line adjustment shall be submitted as outlined within MVMC 14.05.210(B).
C. Each boundary line adjustment application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. No action shall be taken upon the application until the fee has been paid. (Ord. 3428 § 72, 2008).
16.36.050 Restrictions on boundary line adjustments.
A. If the proposed boundary line adjustment involves a formal plat it shall not detrimentally affect access, design or preliminary plat approval. The evaluation of detrimental effect may include review by any agency or department with expertise.
B. The proposed boundary line adjustment shall not violate either restrictive covenants contained on the face of the final plat or conditions of preliminary or final plat approval.
C. If the adjustment will add unimproved street frontage to a lot with improved frontage, improvements may be required unless deemed undesirable by the city engineer. The engineer may require an agreement to construct improvements at some time in the future in lieu of construction at the time the adjustment is made.
D. If the adjustment transfers property abutting a street or proposed street with less than recommended right-of-way and/or easements to a parcel already possessing the recommended minimum right-of-way, then the city engineer may require that the additional right-of-way and/or easements be granted to the city to correct the deficiency.
E. A boundary line adjustment may allow a lot to be eliminated and the property of such eliminated lot distributed to adjoining lots.
F. No boundary line adjustment may result in identifiable adverse impacts upon the community.
G. The city engineer shall require a survey or recorded record of survey and the placement of corner stakes to ensure proper identification of newly created boundary line. (Ord. 3428 § 73, 2008).
16.36.060 Responsibility for filing with county.
A. Upon approval of the adjustment it shall be the applicant’s responsibility to file a transfer with the county treasurer’s office and record all pertinent deeds and maps with the county auditor’s office.
B. All documents that are to be recorded pertaining to this adjustment shall contain language to this effect:
The above described property will be combined or aggregated with contiguous property owned by the grantee. This boundary line adjustment is hereby approved.
__________________ __________
Public Works Director Dated
C. Prior to recording of said documents, said documents must be submitted to the community and economic development department for their review and approval.
D. A copy of the recorded map and deeds shall be submitted to the community and economic development department. (Ord. 3428 § 74, 2008).