Chapter 17.30
BOUNDARY LINE ADJUSTMENT
Sections:
17.30.010 When authorized.
17.30.020 Authority to act.
17.30.030 Application.
17.30.040 Fee.
17.30.050 Criteria for approval.
17.30.060 Repealed.
17.30.070 Decision – Effective date.
17.30.080 Appeal of the boundary line adjustment.
17.30.100 Final action.
17.30.010 When authorized.
Boundary lines of platted lots, tracts or parcels of land may be altered in accordance with the procedures of this chapter when no new lots, tracts, parcels, sites, or divisions are created. (Ord. 033/2008 § 5; Ord. 1061, 1995; Ord. 997, 1992)
17.30.020 Authority to act.
The designated official is authorized to grant or deny a proposed boundary line adjustment under criteria set forth in MMC 17.30.050. (Ord. 1061, 1995; Ord. 997, 1992)
17.30.030 Application.
A boundary line adjustment application shall be made on forms supplied by the city and shall be accompanied by:
A. An ownership certificate disclosing all parties of interest directly affected by the proposed boundary line adjustment; and
B. An eight-and-one-half-inch by fourteen-inch scaled drawing by a professional land surveyor, or as otherwise acceptable to the city, depicting both existing boundary lines (bearing and distance) and proposed boundary line changes. Said drawing shall reflect all easements and other encumbrances occurring within the affected lots.
C. Repealed by Ord. 003/2006. (Ord. 033/2008 § 5; Ord. 003/2006 § 1; Ord. 1203, 2000; Ord. 1177, 1999; Ord. 1061, 1995; Ord. 997, 1992)
17.30.040 Fee.
A fee in an amount set by the city council by periodic resolution shall be paid to the city at the time of application. (Ord. 1061, 1995)
17.30.050 Criteria for approval.
In reviewing the proposed boundary line adjustment, the designated official shall make the following determinations:
A. The proposed boundary line adjustment will not detrimentally affect access, design or other public safety and welfare concerns relevant to the plat’s original approval. The evaluation of detrimental effect may include review by the health district if the lots are on septic systems, the city utilities department and any other agency or department with expertise or interest.
B. The proposed boundary line adjustment will not violate either restrictive covenants contained on the face of the final plat or conditions of preliminary plat approval.
C. The proposed boundary line adjustment will not violate applicable zoning code requirements. In the case of nonconforming lots, the proposed boundary line adjustment shall not increase the nonconforming aspects of any lot relative to the zoning and land use regulations.
D. The proposed boundary line adjustment will not invalidate any property line easements unless said adjustment establishes such replacement easements. In such case where new easements are to be established, a separate document shall be provided, to be filed with said boundary line adjustment, which will describe the intent, purpose and legal description of said revised easement. (Ord. 033/2008 § 5; Ord. 1061, 1995; Ord. 997, 1992)
17.30.060 Notice.
Repealed by Ord. 003/2006. (Ord. 1177, 1999; Ord. 1061, 1995; Ord. 997, 1992)
17.30.070 Decision – Effective date.
The designated official shall make findings of fact and conclusions, to be effective fifteen working days after issuance. (Ord. 003/2006 § 3; Ord. 1061, 1995; Ord. 997, 1992)
17.30.080 Appeal of the boundary line adjustment.
The written decision of the designated official shall be final and conclusive subject to the city appeal process. Persons objecting to the boundary line adjustment decision must file an appeal in accordance with Chapter 21.60 MMC. Appeals may only be made by parties of interest and any agency with jurisdiction. With the filing of such appeal, the designated official shall schedule a hearing before the city hearing examiner at the next available hearing date. (Ord. 003/2008 (Exh. C); Ord. 003/2006 § 4; Ord. 022/2004; Ord. 1061, 1995; Ord. 997, 1992)
17.30.100 Final action.
Upon approval by either the designated official, the hearing examiner or the city council, the applicant shall submit to the city a revised drawing reflecting the approved boundary line adjustment. Such map shall be in a form specified by the city. Such revised drawing shall contain:
A. The acknowledged signatures of all parties having an interest in lots whose lines have been adjusted, as disclosed by the ownership certificate;
B. A signature of a professional land surveyor which attests to the accuracy of the legal description or survey describing the adjusted lot lines;
C. Designated official approval block;
D. Subsequent to the receipt of all required signatures, the applicant shall record the revised drawing with the Snohomish County auditor and shall return a mylar copy, a blueline copy and a copy reduced to eight and one-half by eleven inches of the recorded drawing, containing a county registration number, to the city-designated official. (Ord. 033/2008 § 5; Ord. 1203, 2000; Ord. 1061, 1995; Ord. 997, 1992)