Chapter 17.20
PROCEDURE FOR PROPERTY LINE ADJUSTMENT
Sections:
17.20.020 Applications and filing fee.
17.20.040 Recommended decision.
17.20.050 Requests for review.
17.20.080 Recording of survey map by county surveyor.
17.20.010 Approval required.
A. No property line may be adjusted except in accordance with this title.
B. The procedure for review and approval of property line adjustment applications is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens.
C. No additional lots shall be created by a property line adjustment.
D. All lots shall conform to the minimum lot size requirements of RMC Title 18. (Ord. 974 § 4 (Exh. A.2 § 410), 1998)
17.20.020 Applications and filing fee.
A. The applicant shall prepare and submit a city of Rainier development application, available from the public works superintendent.
B. The application shall contain:
1. The name(s), address(es) and telephone number(s) of the property owner(s), applicant(s), agent(s) and surveyor(s);
2. The signature(s) of the property owner(s) and applicant(s); and
3. The site location by address and current county assessor’s map and tax lot numbers.
C. The application shall be submitted to the public works superintendent, along with a sketch map and other supplementary material as may be required.
D. The following general information shall be shown on the sketch map:
1. The date the sketch was prepared;
2. North arrow;
3. Scale of drawing;
4. Existing and proposed lot sizes;
5. Existing and proposed lot lines;
6. Existing and proposed structures;
7. Existing and proposed easements; and
8. Other information required by the public works superintendent.
E. The property line adjustment application shall be accompanied by a nonrefundable fee as established by city council resolution. The application shall not be deemed complete until the fee has been paid to the city. This fee is not intended to apply towards any building permit fees that may later be required.
F. The applicant has the burden in all cases of demonstrating compliance with applicable development regulations.
G. The public works superintendent may require information in addition to that stated in this section.
H. The public works superintendent shall prepare the standard form of development application for property line adjustments, including provisions which will best accomplish the intent of this section. (Ord. 974 § 4 (Exh. A.2 § 420), 1998)
17.20.030 Review process.
A. For any property line adjustment application to be approved, it shall first be established that the resulting lots conform to RMC Title 18 and applicable city ordinances and regulations. Failure to conform is sufficient reason to deny the application.
B. Prior to the public works superintendent issuing a decision on the property line adjustment application the applicant shall obtain any required use approvals, including but not limited to plan amendments, variances and conditional use permits. (Ord. 974 § 4 (Exh. A.2 § 430), 1998)
17.20.040 Recommended decision.
A. Within 30 days from the date the property line adjustment application is deemed complete, the public works superintendent shall render a recommended decision to approve or deny.
B. The recommended decision shall be written, and at a minimum shall identify the applicant, the date of the decision, the decision, and any time frame to which the decision is subject.
C. The recommended decision of the public works superintendent shall not be considered final until a written notice of the decision is given to the owners of the properties listed on the application.
D. The recommended decision of the public works superintendent shall be appealable for 10 city business days after the date the notice of the decision is given. A written request for review of the decision by the planning commission shall be in accordance with RMC 17.15.060. (Ord. 974 § 4 (Exh. A.2 § 440), 1998)
17.20.050 Requests for review.
A. When a request for review by the city council is received by the public works superintendent, the review hearing shall be scheduled for an appropriate planning commission meeting date.
B. The planning commission shall conduct a hearing in accordance with quasi-judicial evidentiary hearing procedures as provided in RMC Title 18.
C. Upon review, the decision shall be to approve, approve with conditions or deny the application under review. The decision shall include findings of fact and conclusions for the decision, which shall be based upon applicable criteria.
D. The decision shall be written and at a minimum shall identify the property line adjustment application, the applicant or a person to be contacted on behalf of the applicant, the date of the decision, the decision, and any conditions to which the decision is subject. (Ord. 974 § 4 (Exh. A.2 § 450), 1998)
17.20.060 Survey map.
A. A common property line that is relocated through a property line adjustment process shall be surveyed and monumented except as set forth in ORS Chapter 92.
B. When required, surveys shall be filed with, and approved by, the county surveyor prior to filing and recording the necessary deeds with the county.
C. The survey map shall contain all the information required by the county surveyor and the requirements of state law, ORS Chapter 209. (Ord. 974 § 4 (Exh. A.2 § 460), 1998)
17.20.070 Final approval.
A. Within l2 months after the issuance of the recommended decision or approval, the applicant shall cause the property line to be surveyed and a survey map prepared in conformance with the property line adjustment as approved.
B. Within said l2-month period, prior to recording, the applicant shall submit the survey map to the public works superintendent for review. The public works superintendent shall determine that all conditions of the recommended decision, or approval, have been satisfied.
C. The city shall determine that any city liens, assessments and in lieu of payments assigned to the properties, if any, are reapportioned to correspond with the new land unit configuration.
D. If the survey map fully complies with city requirements, the public works superintendent shall issue a final approval to the applicant within 30 days of receiving the survey map.
E. If the survey map is not in full compliance, it shall be returned to the applicant for revision and resubmittal. (Ord. 974 § 4 (Exh. A.2 § 470), 1998)
17.20.080 Recording of survey map by county surveyor.
A. After the final approval on a property line adjustment survey is issued by the public works superintendent, the survey map and other data shall be returned to the applicant, who shall transmit them to the county surveyor for examination for compliance with applicable provisions of state law and county regulations.
B. When the county surveyor finds the documents in full conformance with county requirements, and receives payment of the required fees for such service, the county surveyor shall approve the survey map by recording.
C. No building permits shall be issued until the applicant obtains and delivers to the public works superintendent a copy of the survey map as officially approved by the county surveyor and recorded. (Ord. 974 § 4 (Exh. A.2 § 480), 1998)