Chapter 12.18
BOUNDARY LINE ADJUSTMENT
Sections:
12.18.010 Application, procedure and fees.
12.18.020 Boundary line adjustments applications.
12.18.030 Boundary line adjustment criteria.
12.18.040 Finalizing boundary line adjustment.
12.18.005 Purpose.
The purpose of this chapter is to provide a process and standards for boundary line adjustments consistent with RCW 58.17.040(6). Boundary line adjustments are exempt from Washington State and Chelan County’s subdivision requirements under certain specific conditions. This procedure is intended to provide an efficient, low-cost procedure to affirm changes to existing property lines. Chelan County shall issue a certificate of exemption for boundary line adjustments in conformance with the requirements and/or provisions of this title or to aggregate existing lots. The boundary line adjustment may not be used to accomplish the purposes for which platting, replatting, plat alterations, or plat vacations were intended and required. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.18.010 Application, procedure and fees.
Applications shall be made on the appropriate forms, provide appropriate fees, and follow the procedures set forth in Chapters 12.02 and 12.04. All land division shall be reviewed under this title for all applicable requirements.
A boundary line adjustment may be processed simultaneously with a certificate of exemption. The issuance of a boundary line adjustment is a memorialization that a particular boundary line adjustment is recognized by the county as a legal lot of record. The procedures and requirements of this chapter are intended, among other things, to quiet concerns about a lot’s legal status as a legal lot of record. Issuance of a certificate of exemption for a boundary line adjustment is not a guarantee that the resulting property configuration or parcel is a buildable lot; it does represent that Chelan County considers the lot to be a legal lot of record. However, the county makes no representation of warranty, expressed or implied, or any guaranty of warranty, expressed or implied, as to the condition of the title to the land or fitness or suitability for any uses, permits, development or buildability whatsoever.
(1) Chelan County does not warrant or guarantee:
(A) Legal or physical access to parcels for which a boundary line adjustment has been issued;
(B) Suitability of parcels for which a boundary line adjustment has been issued for on-site sewage disposal;
(C) Water availability for domestic or irrigation purposes to parcels for which a boundary line adjustment has been issued; and/or
(D) The issuance of building/development permits for lots, tracts or parcels, divisions or sites for which a boundary line adjustment has been issued. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.18.020 Boundary line adjustments applications.
The following items shall be submitted for proposed boundary line adjustments on eight and one-half inch by eleven inch or eight and one-half inch by fourteen inch sheets with one inch margins on all sides and a three-inch top margin on the first page:
(1) A written narrative describing the proposal including, but not limited to, the number of lots involved, the nature of surrounding properties and existing access;
(2) A signed, dated, and notarized statement of indemnification, consent and waiver of claims, executed by the owner of record. (Lien holders and other parties of interest are not required to sign the application.);
(3) Written legal descriptions for the existing parcel(s) and written legal descriptions for the proposed adjusted or combined parcel(s);
(4) A plat certificate, dated within one hundred twenty days. The administrator may waive this requirement when it is determined by the administrator that the boundary line adjustment is minor;
(5) A copy of an original plat (or portion showing subject area) or the plat number/name for the subject property, as applicable;
(6) A scale drawing of the existing and proposed lots indicating present boundary lines as dashed and proposed boundary lines as solid; all lot measurements in feet; zoning; existing and proposed lot areas; the location of existing improvements such as buildings, wells and drainfields, if known; roads, easements, and other pertinent features.
(7) The applicant shall agree to and sign, on forms provided by Chelan County, an agreement to indemnify, release and hold Chelan County harmless for any losses or claims which may result from the inability of Chelan County to issue building/development permits for lots, tracts or parcels for which approval of a boundary line adjustment has been issued including but not limited to the following: lack of legal or physical access; water availability for domestic and/or irrigation purposes; and suitability of parcels for on-site sewage disposal. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.18.030 Boundary line adjustment criteria.
All boundary line adjustment requests shall be subject to the following criteria:
(1) A boundary line adjustment shall not result in the creation of any additional lots, sites, tracts, or parcels.
(2) A boundary line adjustment shall not create any lot, tract, parcel or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site as established herein, except as allowed in subsection (6) of this section, nor shall such adjustment or adjustments create a building setback violation.
(3) Lots may be reoriented within the perimeter of the contiguous lots.
(4) A boundary line adjustment shall not violate or be inconsistent with any conditions for approval of a previously filed plat or binding site plan.
(5) Only legal lots of record shall qualify for a boundary line adjustment.
(6) Lots resulting from a boundary line adjustment shall conform with the minimum lot size requirements of Title 11, Zoning, in effect at the time the application is submitted except:
(A) Whenever the boundary adjustment includes one or more existing parcels that do not conform with the lot size requirements; provided, that no lot becomes smaller than the smallest nonconforming lot, and the change does not result in more than one additional conforming lot becoming nonconforming; or
(B) Whenever deviations from the lot size requirements are required to accommodate natural features related to topography and/or terrain that establish natural physical barriers or boundaries; or
(C) Whenever deviations from the lot size requirements are required to accommodate structures such as buildings, roads, driveways, fences, utilities, drain fields, ditches or similar structures in existence prior to June 20, 2006; or
(D) Whenever deviations from the lot size requirements are required to accommodate developed open space such as orchards, parks or similar improved, cultivated or developed open space areas; or
(E) Whenever the boundary adjustment includes two or more existing parcels the parcels may be adjusted to provide one or more lots which meet or exceed the minimum lot size for the associated zoning district and only one parcel may be adjusted to result in a fractional lot, if permitted within the zoning district minimum lot size standard. No future fractional lot(s) may be created for any parcel associated with a boundary line adjustment completed using this criteria.
This subsection provides an exception to nonconforming use regulations found in Section 11.02.040 and Chapter 11.97. (Res. 2015-73 (Atts. A, B) (part), 8/4/15; Res. 2010-68 (Exh. A) (part), 7/13/10).
12.18.040 Finalizing boundary line adjustment.
After review and approval, the applicant(s) or county, where appropriate, shall:
(1) Record conveying documents with the Chelan County auditor.
(2) The administrator or the administrator’s designee shall review the application and approve the boundary line adjustment upon a determination that the application is in conformance with the requirements of this chapter.
(3) The administrator or administrator’s designee will forward the boundary line adjustment to the Chelan County auditor for recording and to the Chelan County assessor. The applicant shall be responsible for all recording fees. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.18.050 Timeline.
The administrator or administrator’s designee shall endeavor to render a decision on the application within fourteen working days of the receipt of the complete application, provided the legal descriptions are prepared by a licensed land surveyor. In the event that a review cannot be completed within fourteen working days, the applicant shall be notified that additional time will be required to process the request. If the legal descriptions are not prepared by a licensed land surveyor, the administrator or administrator’s designee shall endeavor to render a decision on the application within twenty-eight working days of the receipt of the complete application. In the event that a review cannot be completed within twenty-eight working days, the applicant shall be notified that additional time will be required to process the request. (Res. 2015-73 (Atts. A, B) (part), 8/4/15: Res. 2010-68 (Exh. A) (part), 7/13/10).