Chapter 13.24
BOUNDARY LINE ADJUSTMENT
Sections:
13.24.010 Definitions.
As used in this chapter:
A. "Boundary line adjustment" means a minor transfer of land between two contiguous legally created lots within the same zoning district in order to correct property line or setback encroachments, or improve access without creating substandard lots or substandard yard or setback requirements, and without creating additional lots.
B. "Lots" means a fractional part of a subdivided area having fixed boundaries and being of sufficient area and dimensions to meet minimum zoning requirements. It also means any identifiable parcel of unsubdivided land with established boundaries set forth in a deed or other form of conveyance. The term includes tracts or parcels. (Ord. 188 § l, 1986)
13.24.020 Application.
Boundary line adjustment applications shall be submitted to the Town Clerk on forms supplied by the Clerk for administrative review as necessary and then submitted to the Town Engineer for review and recommendation to the Planning Commission. The Planning Commission shall make the final decision. No other review process under this chapter shall be required for boundary line adjustments. The application shall include the following:
A. A legible to-scale drawing showing:
1. Existing dimensions of all properties and proposed new boundary line adjustments;
2. Identification of adjacent streets;
3. Dimensions of existing and proposed easements, if any;
4. Existing structures and distance to property lines;
5. Indication of north;
6. Identification of parcels as Lot A, Lot B, etc.;
7. Location of septic tank drainfield or sewer lines;
8. Section, township and range.
B. The signatures of all the owners involved in the adjustment, indicating approval of proposal.
C. A copy of the existing legal description and proposed legal descriptions and a copy of a current title report or plat certificate or boundary line certificate dated within thirty days of the date of submittal.
D. The fee shall be submitted with each application, as established in the Town’s fee schedule ordinance (Chapter 3.32 of this code), in effect at the time the application is submitted. (Ord. 08-491 § 1(part), 2008; Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 201 § 2, 1987; Ord. 188 § 2, 1986)
13.24.030 Criteria.
A. If the proposed boundary line adjustment involves a formal plat, it shall not affect access, design or preliminary plat approval. The evaluation of such effect may include review by any agency or department with expertise.
B. The proposed boundary line adjustment shall not violate either restrictive covenant contained on the face of the final plat or conditions of preliminary plat approval.
C. If the adjustment will add unimproved street frontage to a lot with improved frontage, improvements may be required. The Town 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 to a parcel already possessing the recommended minimum right-of-way, then the Town may require that the additional right-of-way be granted to the Town to correct the deficiency.
E. A boundary line adjustment shall not greatly change the size, character or shape of any lot.
F. All boundary line adjustments and lots resulting therefrom shall meet the standards specified in the zoning code (Title 14 of this code), and no lot created shall contain insufficient area and dimensions to meet minimum requirements for width and area for a building.
G. Boundary lines may not be adjusted where the adjustment increases the number of lots. (Ord. 188 § 3, 1986)
13.24.040 Filing with county.
A. Upon approval of the adjustment, the applicant shall submit final mylars and the recording fee as established by the Snohomish County to the Town for signature by the Planning Commission Chair and recording with Snohomish County.
B. All documents that are to be recorded pertaining to an approval 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.
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PLANNING COMMISSION CHAIRMAN |
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C. The boundary line adjustment shall not be valid until filed with the county auditor’s office and a copy shall be mailed to the applicant within thirty days of recording. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 188 § 4, 1986)
13.24.050 Appeals.
A. The Planning Commission’s decision shall be based on the provisions of this chapter, the recommendation of the Town Engineer and the applicable zoning and building codes. The Planning Commission shall either approve or disapprove the proposed boundary line adjustment within one hundred twenty days after notifying the applicant that the boundary line adjustment is complete, consistent with the requirements of state law. Written notice of the decision of the Town will be mailed to the applicant.
B. If the Planning Commission disapproves of the proposed boundary line adjustment, the applicant may appeal such decision to the Town Council provided such appeal is filed within ten days of the receipt of notice of disapproval. A majority vote of the members of the Town Council shall be necessary to override the disapproval of the Planning Commission. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 188 § 5, 1986)
13.24.060 Violation--Penalty.
The county auditor shall refuse to accept for recording any boundary line adjustment which does not bear the verification of approval as defined in this chapter and compel compliance with the provisions of this chapter. The Town attorney is authorized to commence an action to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this chapter. The cost of such action shall be taxed against the violator. (Ord. 188 § 6, 1986)