Chapter 16.60
BOUNDARY LINE ADJUSTMENTS
Sections:
16.60.060 Application requirements.
16.60.090 Effect of boundary line adjustment approval.
16.60.010 Title.
This chapter shall be called “Boundary Line Adjustments.” (Ord. 1856 § 2 (Exh. B), 2018).
16.60.020 Application.
A. This chapter shall apply to the adjustment of boundary lines between platted or unplatted lots or both.
B. The elimination of lot lines or the combination of lots shall be subject to this chapter.
C. This chapter shall not apply to any action which creates an additional lot, parcel, site, or division. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.030 Purpose.
This chapter is intended to create a process for reviewing boundary line adjustments and lot combinations for compliance with the requirements of this chapter, BMC Title 17, Washington State law, and other applicable regulatory requirements. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.040 Authority.
This chapter is adopted pursuant to chapters 36.70, 36.70A, 36.70B and 58.17 RCW as well as other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.050 Review process.
A. Approval Required. City approval is required for all boundary line adjustments and lot combinations. Any lots created, combined, or reconfigured without city approval shall be considered illegal lots.
B. Applications for boundary line adjustments and lot combinations shall be processed as Type I decisions in accordance with BMC Title 14A. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.060 Application requirements.
Applications for boundary line adjustment and lot combination approval shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications which include all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
A. A site plan showing the existing lot configuration and a site plan showing the proposed lot configuration. The required site plans shall be prepared as follows:
1. All drawings shall be submitted on eight-and-one-half-inch by 11-inch or legal sized paper and shall be prepared by a land surveyor licensed in the state of Washington.
2. Margins shall be provided consistent with any requirements established by the Skagit County auditor for recorded documents.
3. Existing Site Plan. The site plan showing existing conditions and lot configuration shall include:
a. Layout and dimensions of all lots included in the adjustment or combination;
b. Assessor’s parcel numbers for each lot;
c. North arrow;
d. Date of preparation;
e. Scale;
f. The area of each lot included in the adjustment or combination in square feet;
g. Each existing lot shall be assigned an identifying number or letter;
h. The location of all existing buildings, structures, utilities, driveways, sidewalks, and easements;
i. The location of all public and private roads abutting the lots included in the adjustment or combination;
j. Surveyor’s license stamp, signature, and contact information.
4. Proposed Site Plan. The site plan showing proposed conditions and lot configurations shall include:
a. Layout and dimensions for the proposed lot configurations;
b. North arrow;
c. Date of preparation;
d. Scale;
e. The proposed area of each lot in square feet;
f. Each proposed lot shall be assigned an identifying number or letter;
g. The location of all existing buildings, structures, utilities, driveways, sidewalks, and easements in relation to the proposed lot lines;
h. The location of all public and private roads abutting the lots included in the adjustment or combination;
i. Surveyor’s license stamp, signature, and contact information.
B. Names and contact information for each property owner involved in the adjustment or combination.
C. Name and contact information for the applicant.
D. Legal descriptions prepared by a title company or licensed land surveyor for the existing and proposed lot configurations.
E. Any applicable fees in accordance with the fee schedule established by the city council.
F. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.070 Approval criteria.
Boundary line adjustments shall not be approved unless consistent with all of the following:
A. No additional lots shall be created.
B. All of the lots included in the boundary line adjustment or lot combination shall be legal lots unless the purpose of the adjustment or combination is to remedy a zoning or platting violation.
C. The boundary line adjustment or lot combination shall not create a lot which lacks sufficient area to meet the minimum lot size requirements for the zone in which it is located. For boundary line adjustments involving nonconforming lots, the adjustment shall not cause a lot to become smaller, or less conforming, with respect to the applicable standards for area or dimension.
D. The boundary line adjustment shall not cause a building or structure to violate a required property line setback. For boundary line adjustments involving structures which are nonconforming with respect to setback requirements, the adjustment or combination shall not increase the degree of nonconformity.
E. The boundary line adjustment or lot combination shall not create a lot which lacks legal access.
F. All of the resulting lots shall comply with the Burlington Municipal Code standards for access.
G. The following statement shall appear on deeds or conveyance documents affecting the adjustment: “This boundary line adjustment is not for the purpose of creating an additional lot.”
H. The boundary line adjustment or lot combination shall not create a lot which is bisected by a zoning district or comprehensive plan designation boundary.
I. The boundary line adjustment or lot combination shall not create a lot which is bisected by an urban growth area boundary.
J. The boundary line adjustment or lot combination shall not create a lot which is bisected by the jurisdictional boundary between the city of Burlington, another city, or unincorporated Skagit County.
K. The boundary line adjustment shall not cause a lot, structure, or development to violate the Burlington Municipal Code. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.080 Final approval.
A. Following the review process specified above, the director shall approve the final plat application, return it to the applicant for corrections, or deny it within the 30 days after filing an application meeting the criteria above.
B. Boundary line adjustments and lot combinations approved by the city shall be signed by the director and returned to the applicant for recording. One copy of the approved boundary line adjustment shall be retained by the city.
C. Approved boundary line adjustments shall be recorded within two years of the date of approval and a copy of the recorded boundary line adjustment shall be provided to the city. (Ord. 1856 § 2 (Exh. B), 2018).
16.60.090 Effect of boundary line adjustment approval.
Lots reconfigured by an approved boundary line adjustment or lot combination shall be considered legal lots. (Ord. 1856 § 2 (Exh. B), 2018).