Chapter 30.41E
BOUNDARY LINE ADJUSTMENTS

Sections:

30.41E.010    Purpose and applicability.

30.41E.015    Boundary line adjustment prohibitions.

30.41E.020    Procedure and special timing requirements.

30.41E.100    Decision criteria.

30.41E.200    Design standards - Access.

30.41E.300    Future development approvals.

30.41E.400    Recording.

30.41E.410    Correcting errors on an approved BLA.

30.41E.010 Purpose and applicability.

The purpose of this chapter is to allow for adjustment to boundary lines of existing lots where no new lot is created pursuant to SCC 30.91B.180. This chapter applies to all boundary line adjustment (BLA) applications.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-042, July 6, 2005, Eff date Aug. 8, 2005)

30.41E.015 Boundary line adjustment prohibitions.

This section established prohibitions to prevent the creation of new building sites from the boundary line adjustment of divisions and descriptions of land recorded for other purposes.

(1) A boundary line adjustment shall not be permitted to adjust or reconfigure divisions or descriptions of parcels, easements, exceptions, and reservations into configurations eligible for use as a building site if they were solely created:

(a) For access, road, railroad, or other right-of-way, utility, or drainage course purposes;

(b) To resolve encroachment problems or describe survey gaps;

(c) To describe properties divided by non-navigable water courses;

(d) To describe deed releases for a mortgage, or other financial contract; or

(e) To describe tax title parcels.

(2) Lots that touch corner points shall not be adjusted by the boundary line adjustment process.

(3) The "solely created" determination of SCC 30.41E.015(1) shall be made strictly upon the basis of the language in the instrument creating the parcel, easement, exception, or reservation. PDS may consider documentation of insurance from a title company as well. The burden of proof shall rest upon the party asserting the "solely created" prohibition.

(Added by Amended Ord. 11-058, Jan. 25, 2012, Eff date Feb. 16, 2012)

30.41E.020 Procedure and special timing requirements.

(1) Boundary line adjustments shall be approved, approved with conditions, or denied as follows:

(a) The department shall process the BLA as a Type 1 decision; or

(b) If accompanied by a concurrent Type 2 application, the BLA application may, at the applicant’s request, be processed as a Type 2 permit application pursuant to the provisions of SCC 30.41E.100(5). In order to be considered concurrent, the Type 2 application must be submitted to the county at the same time as the BLA application and involve the same property or adjacent property.

(c) The BLA is exempt from notice provisions set forth in SCC 30.70.050 and 30.70.060(2) except that the BLA shall comply with SCC 30.70.045(4)(d) when applicable.

(2) The department shall decide upon a BLA application within 45 days following submittal of a complete application or revision.

(3) The department or hearing examiner may deny a BLA application or void a BLA approval due to incorrect or incomplete submittal information.

(4) Multiple boundary line adjustments are allowed to be submitted under a single BLA application if:

(a) the adjustments involve contiguous parcels;

(b) the application includes the signatures of every parcel owner involved in the adjustment; and

(c) the application is accompanied by a record of survey.

(5) An application for a boundary line adjustment shall expire pursuant to SCC 30.70.140.

(6) Boundary line adjustment approval expires pursuant to SCC 30.70.140.

(7) The legal descriptions of the revised lots, tracts, or parcels, shall be certified by a licensed surveyor or title company.

(8) A boundary line adjustment shall be not approved for any property for which an exemption to the subdivision provisions set forth in SCC 30.41A.020(6) or 30.41A.020(7) or an exemption to the short subdivision provisions set forth in SCC 30.41B.020(6) or 30.41B.020(7) has been exercised within the past five years.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-042, July 6, 2005, Eff date Aug. 8, 2005; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41E.100 Decision criteria.

In reviewing a proposed boundary line adjustment, the department or hearing examiner shall use the following criteria for approval:

(1) The proposed BLA is consistent with applicable development restrictions and the requirements of this title, including but not limited to the general development standards of subtitle 30.2 SCC and any conditions deriving from prior subdivision or short subdivision actions;

(2) The proposed BLA will not cause boundary lines to cross a UGA boundary, cross on-site sewage disposal systems, prevent adequate access to water supplies, or obstruct fire lanes;

(3) The proposed BLA will not detrimentally affect access, access design, or other public safety and welfare concerns. The evaluation of detrimental effects may include review by the health district, the department of public works, or any other agency or department with expertise;

(4) The proposed BLA will not create new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry, or other safety concerns, as determined by the department of public works. The BLA shall comply with the access provision set forth in SCC 30.24.060 and 30.41E.200;

(5) When a BLA application is submitted concurrently with a type 2 application pursuant to SCC 30.41E.020(1)(b), and frontage improvements are required for the area subject to the BLA and the concurrent application, the improvements must be agreed to prior to approval of the BLA;

(6) If within an approved subdivision or short subdivision, the proposed BLA will not violate conditions of approval of that subdivision or short subdivision;

(7) The proposed BLA will not cause any lot that conforms with lot area or lot width requirements to become substandard;

(8) The proposed BLA may increase the nonconformity of lots that are substandard as to lot area and/or lot width requirements; provided, that the proposed BLA satisfies the other requirements of this chapter and the nonconforming condition is not increased by more than 50 percent; and

(9) The proposed BLA will not result in lots with less than 1000 square feet of an accessible area suitable for construction when such area existed before the adjustment. This requirement shall not apply to lots that are zoned commercial or industrial zones identified in SCC 30.21.025(1)(c) and (d) and (2)(d) through (g).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-042, July 6, 2005, Eff date Aug. 8, 2005; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

30.41E.200 Design standards - Access.

(1) All BLAs shall comply with the access requirements in SCC 30.24.060.

(2) If proposed lots within a BLA result in reduced public road frontage and/or changes in access, the department of public works may require verification that all lots have safe access points. In such cases, the applicant shall stake approximate proposed access points and property lines along the public road frontage within five days of receipt of a request by the department of public works to do so.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-042, July 6, 2005, Eff date Aug. 8, 2005; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

30.41E.300 Future development approvals.

The applicant shall acknowledge by signature on the application form that county approval of a BLA proposal does not guarantee or imply that the subject property may be developed or subdivided, and that boundary line adjustment approval may not be grounds for approval of subsequent modification or variance requests.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41E.400 Recording.

To finalize an approved BLA, the applicant must record with the county auditor the BLA application, certified legal descriptions, and the BLA map within the timeframe established in SCC 30.70.140, from the date of approval, or the application and approval shall lapse. If the BLA affects more than one property owner, a conveyance document(s) shall be recorded at the same time as the BLA documents. The conveyance document(s) shall establish ownership consistent with the approved, adjusted boundaries. When a BLA is recorded subsequent to a record of survey for the same property, the recording number of the record of survey shall be noted on the BLA map. Recording fees and applicable state fees shall be paid by the applicant. Immediately after recording, copies of the recorded BLA documents shall be provided to the department by the applicant. The BLA shall not take effect until recorded.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41E.410 Correcting errors on an approved BLA.

Typographical errors in recorded legal descriptions or minor discrepancies on recorded BLA maps may be corrected by filing an Affidavit of Correction of Boundary Line Adjustment with the department. The affidavit shall be on a form supplied by the department. The department shall review the affidavit for compliance with applicable code provisions. If approved, the applicant shall record the affidavit with the county auditor within 45 days. Immediately after recording, copies of the recorded Affidavit of Correction shall be provided to the department by the applicant.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)