Chapter 17.22


17.22.010    Purpose.

17.22.020    Type of application.

17.22.030    Application submittal and contents.

17.22.040    Approval criteria.

17.22.050    Recording.

17.22.010 Purpose.

The purpose of this chapter is to provide a method for administrative review and approval of boundary line adjustments that satisfy public concerns of health, safety and welfare. The boundary lines separating two lots of record may only be adjusted under the provisions of this chapter. A boundary line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a lot line, to remedy property use constraints caused by adverse topographical features, or to consolidate previously platted lots into a single parcel. An adjustment may not result in actions requiring the replat, amendment, alteration, or vacation of a plat or short subdivision, and must be consistent with all applicable zoning, health, building, and similar regulations. (Ord. 2011-02 § 5 (Exh. A (10-4) (part)), 2011)

17.22.020 Type of application.

A boundary line adjustment is a Type I application, and the planning director is the review authority. The application shall be processed as set forth in Title 19. (Ord. 2011-02 § 5 (Exh. A (10-4) (part)), 2011)

17.22.030 Application submittal and contents.

To be considered a complete application, a boundary line adjustment application shall include five copies of the following:

A.    Completed city application form for a boundary line adjustment, along with the appropriate fee;

B.    Clean and legible drawings suitable for recording showing the following:

1.    A map at a scale of not less than one inch equal to one hundred feet which depicts the existing property configuration, including all lot lines, dimensions and lot area;

2.    A map at a scale of not less than one inch equal to one hundred feet which depicts the proposed property configuration, including all lot lines, dimensions and lot area;

3.    The location and dimensions of all structures/improvements existing upon the affected lots and the distance between such structures/improvements and the existing and proposed boundary lines;

4.    The location and dimensions of any easements within or adjacent to the affected lots;

5.    The location, dimensions and names of all existing or platted street rights-of-way, whether public or private, within or adjacent to the affected lots;

6.    The location of all existing and proposed water, sewer and storm drainage facilities, on-site wastewater disposal systems, drainfields, and wells;

7.    The location of access to all affected lots; and

8.    A north arrow and scale;

C.    The original legal descriptions of all affected properties, together with new separate legal descriptions for each parcel resulting from the adjustment;

D.    Drawings and legal descriptions shall be prepared by a licensed surveyor unless otherwise waived by the planning director;

E.    A copy of any CC&Rs, deed restrictions, concomitant agreements, easements, or development agreements pertaining to the affected properties;

F.    If an existing on-site sewage (septic tank) disposal system will continue to be used on an affected property after the boundary line adjustment, and/or if a new on-site sewage disposal system is proposed for an affected property where city code does not require connection to the city’s municipal sewer system, the applicant shall provide written verification from the Kitsap County health department that the proposed lot is adequate to accommodate an on-site sewage disposal system. (Ord. 2011-02 § 5 (Exh. A (10-4) (part)), 2011)

17.22.040 Approval criteria.

The planning director shall approve an application for a boundary line adjustment if it is determined that the adjustment will not:

A.    Create any additional lot, tract, parcel, or division;

B.    Create a lot that does not comply with requirements for minimum and maximum lot area, and minimum lot dimensions, as set forth in the city’s zoning and land use and state and local health codes and regulations; provided, that if the existing lot is already less than the required minimum standards, that the lot’s nonconformity is not increased by the boundary line adjustment. This provision shall not be construed to require correction or remedy of pre-existing nonconformities or substandard conditions;

C.    Diminish or impair existing or future drainage, water supply, or sanitary sewage disposal (including on-site sewage disposal);

D.    Create a lot without adequate vehicular access, including access for emergency response vehicles;

E.    Replat or vacate a full or short subdivision, or revise or amend the conditions of approval of any full or short subdivision;

F.    Amend or act contrary to the conditions of approval for property that is part of an existing plat or short subdivision;

G.    Result in a lot having more than one zoning and/or land use designation;

H.    Result in a lot located partially within any special overlay area or master planned area, and partially outside of such special overlay area or master planned area;

I.    Result in a lot located partially within the city limits and partially within unincorporated Kitsap County;

J.    Result in a lot which would be so constrained by topography, critical areas or buffers, unusual shape, or other site conditions that a reasonable building site could not be obtained except through a variance, reasonable use exemption from critical areas permit, or other exemption from the city’s zoning, land use or critical areas regulations; or

K.    Affect the boundaries of any lot, tract, parcel or division that is the subject of a current, unresolved city code enforcement action, code violation notice, or stop work notice. (Ord. 2011-02 § 5 (Exh. A (10-4) (part)), 2011)

17.22.050 Recording.

A.    Upon approval of the application, the planning director shall notify the applicant. The applicant shall then record with the Kitsap County auditor the document indicating the planning director’s approval of the boundary line adjustment, together with the legal document(s) showing the amended legal descriptions and maps, any applicable restrictive covenants, and the survey, if required and not yet recorded.

B.    A boundary line adjustment does not become effective until the applicant has recorded the documents required for recording with the Kitsap County auditor, and delivered one copy of each recorded document to the planning director. The copy must bear the county auditor’s stamp and the recording number. No building or other site development permits for the affected lots shall be granted until the applicant returns the copy of the recorded document to the planning director. (Ord. 2011-02 § 5 (Exh. A (10-4) (part)), 2011)