Chapter 21.60
BOUNDARY LINE ADJUSTMENTS
Sections:
21.60.040 Administrative review.
21.60.010 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. This chapter is also intended to ensure compliance with the Survey Recording Act.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.20.010).
21.60.020 Scope.
The boundary lines separating two or more platted or unplatted 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 that change or impair conditions or requirements imposed by previous land division decisions must be accomplished pursuant to this chapter.
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 does not apply to 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. 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 that 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 provision 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 or create a nonconforming lot from a conforming one;
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. 500 § 1, 2007; Ord. 150 § 12, 1997; Ord. 61 § 1, 1995. Formerly 21.20.020).
21.60.030 Application.
A. See Appendices A and B for boundary line adjustment application submittal requirements. A complete application shall be submitted to the Department using forms provided by the Department together with a filing fee.
B. Record of Survey for Boundary Line Adjustments.
1. The boundary line adjustment shall be submitted on a reproducible medium such as Mylar and 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 on forms approved by the Department, with liability for errors not to exceed the value of the affected lots, as determined by the assessed value on the date of approval. The preliminary title report shall set 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 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 the Survey Recording Act at the request of _________ on _________ 20___.
_____________________________ Surveyor
___________ Certificate Number
___________ Date
DEVELOPMENT SERVICES DEPARTMENT
__________________ _________
Director Date
ASSESSOR-TREASURER
I hereby certify that all state and city taxes heretofore levied against the property described hereon, according to the books and records of my offices, have been fully paid.
_____________________ _________
Deputy Assessor-Treasurer Date
Reviewed for Segregation
_____________________ _________
Deputy Assessor-Treasurer 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 (paper press seals will not be accepted).
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.
_____________________________________
Owner
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 ____________________________________.
F. An application for a boundary line adjustment shall be accompanied by a nonrefundable review fee as set forth in separate resolution.
(Ord. 500 § 1, 2007; Ord. 423 § 96, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.20.030).
21.60.035 Processing.
Except as provided by this chapter, a boundary line adjustment shall be processed in accordance with UPMC Title 22, Administration of Development Regulations.
(Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996. Formerly 21.20.035).
21.60.040 Administrative review.
A completed application for a boundary line adjustment shall be approved, returned to the applicant for modifications, or denied within 30 days of its receipt by the Department.
A. The Department may forward a copy of the proposed boundary line adjustment to the City Engineer, to the Fire Chief, the Tacoma-Pierce County health department, or to any other department or division.
B. A copy of the proposed boundary line adjustment shall be forwarded to the assessor-treasurer’s office. The assessor-treasurer’s office shall review the boundary line adjustment for accuracy of legal description, ownership, lot dimensions, and improvements on the lots.
C. The Department shall review the proposed boundary line adjustment against the purpose and scope described in UPMC 21.60.010 and 21.60.020 respectively within 30 days of date of application.
D. 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.
E. Following receipt of the comments of consulted departments under subsection (A) of this section, but in no case later than 30 days from receipt of completed application, the Director or his/her designee shall approve or deny the requested adjustments or return the adjustment for corrections.
F. 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 shall be null and void.
G. 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.
H. An aggrieved person may appeal the Director’s decision on a boundary line adjustment to the Hearings Examiner, in accordance with procedures described in UPMC Title 22, Administration of Development Regulations.
(Ord. 500 § 1, 2007; Ord. 423 § 97, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.20.040).