Chapter 17.02
BOUNDARY LINE ADJUSTMENTS
Sections:
17.02.010 Purpose and applicability.
17.02.040 Requirements for a complete application.
17.02.050 Criteria for approval.
17.02.060 Time limitation for final decision on BLA.
17.02.010 Purpose and applicability.
The purpose of this chapter is to regulate boundary line adjustments. Boundary line adjustments are allowed in order to rectify defects in legal descriptions, 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 where an established use is located across a lot line, or for other, similar purposes. This procedure cannot be used to create any additional lots. (Ord. 2658 § 2, 2015).
17.02.020 Administration.
The Director is authorized and directed to administer the provisions of this chapter and shall have the authority to approve or deny proposed boundary line adjustments without a public hearing in accordance with this chapter. (Ord. 2658 § 2, 2015).
17.02.030 Procedure.
The following steps shall be followed in the processing of boundary line adjustments:
A. MTMC 18.05.110, determination of completeness and requests for additional information;
B. MTMC 17.02.050, determination of consistency with approval criteria;
C. MTMC 18.05.128, notice of decision; and
D. MTMC 18.05.230, filing of administrative appeals. (Ord. 2811 § 13, 2022; Ord. 2658 § 2, 2015).
17.02.040 Requirements for a complete application.
The following materials shall be submitted to the City in order to constitute a complete application for a boundary line adjustment:
A. One original and seven copies of the application on a form provided by the City along with the applicable fee as established by the City in a resolution for this purpose. The application shall contain the following information:
1. Name, address and telephone number of applicant and owner(s) of the land proposed to be adjusted;
2. Signature of applicant;
3. Signature of property owner(s) or owner’s authorized representative(s);
4. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor;
5. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and
6. Other information specified on the application form.
B. One original and seven copies of a map at a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet, which depicts the existing property configuration, including all lot line dimensions, existing improvements, and environmentally sensitive areas and their buffers.
C. One original and seven copies of a separate map which depicts the proposed property configuration, including all lot line dimensions and existing improvements intended to be retained.
D. A title insurance certificate, which includes all parcels within the adjustment dated by the title company within 30 days of the date the application was submitted to the City, confirming that the title of the lands as described for the adjustment is in the name(s) of the applicant(s).
E. Documentation authorizing the transfer of property ownership executed by the owners of the affected property placed on the original boundary line adjustment map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. (Ord. 2658 § 2, 2015).
17.02.050 Criteria for approval.
A boundary line adjustment shall be approved if it is determined that:
A. No additional lot, tract, parcel or division will be created by the proposed adjustment;
B. No lot is modified in a manner that results in any nonconformities with adopted codes, that expands any existing nonconformities or that results in a lot with insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated;
C. No lot is modified in a manner that results in inadequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose;
D. The overall area in a plat or short plat devoted to platted open space is not reduced;
E. Approval does not cause an inconsistency with any restrictions or conditions of approval for any recorded plat or short plat;
F. The total number of lots contained within the external boundaries of the parcel subject to the boundary line adjustment will not exceed the density allowed under the current zoning or fall below minimum density standards applicable to that zone; and
G. The boundary line adjustment is consistent with the applicable provisions of this title and MTMC 17.01.050. (Ord. 2658 § 2, 2015).
17.02.060 Time limitation for final decision on BLA.
A boundary line adjustment application shall be approved, denied or returned to the applicant for modification or correction within 30 days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. (Ord. 2658 § 2, 2015).
17.02.070 Recording.
A. The final record of survey document must be prepared by a land surveyor in accordance with Chapter 58.09 RCW. The document must include all of the elements set forth in RCW 58.09.040(1) and contain a land surveyor’s certificate as set forth in RCW 58.09.080, as well as approval blocks for the Director and County Auditor as specified in MTMC 17.07.050(F).
B. Within seven days after approval, the applicant shall deposit a recording fee for the boundary line adjustment with the City, and the City shall cause the original to be recorded with the County Auditor within 30 working days after receipt of the recording fee deposit. (Ord. 2658 § 2, 2015).