Chapter 16.02


16.02.010    Purpose.

16.02.020    Scope.

16.02.030    Approval criteria.

16.02.040    When future on-site sewage disposal is anticipated.

16.02.050    Application.

16.02.060    Final approval.

16.02.070    Review procedures.

16.02.010 Purpose.

The purpose of this chapter is to establish the criteria to review and approve boundary line adjustments. The boundary line adjustment shall be consistent with any applicable health, building, or similar regulations. The intent of a boundary line adjustment review is to ensure that the altering of lot boundaries complies with applicable zoning, building and other development standards. (Ord. 06-269 § 2 (Exh. A)).

16.02.020 Scope.

The provisions of this chapter apply to any adjustment or elimination of property boundaries between two or more lots. This chapter does not apply to those situations where the boundary between two lots cannot be identified from records, or is in dispute, and which is resolved as prescribed in Chapter 58.04 RCW. (Ord. 06-269 § 2 (Exh. A)).

16.02.030 Approval criteria.

To receive approval, a boundary line adjustment shall not:

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

B. Create a lot, tract, parcel, site, or division of land, which contains insufficient area or dimension to meet the minimum requirements for area and dimensions as set forth in the land use and health codes;

C. Create building sites from tracts such as vacated rights-of-way or utility easements;

D. Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;

E. Create or diminish any easement or deprive any parcel of access or utilities;

F. Create or increase a nonconformity of structures, lots, or other factors with respect to development standards;

G. Alter a full subdivision or short subdivision in such a manner as to require approval of an alteration as prescribed in Chapters 16.03 and 16.04 EMC;

H. Alter the conditions of approval of any permit including, but not limited to, building permits, short subdivisions, full subdivisions and binding site plans; and

I. Alter or modify comprehensive plan land use designations or applicable zoning district boundaries. (Ord. 06-269 § 2 (Exh. A)).

16.02.040 When future on-site sewage disposal is anticipated.

The city may require a preliminary approval of on-site sewage disposal systems pursuant to EMC 16.01.120 for undeveloped lots affected by a proposed boundary line adjustment when in the opinion of the director the proposed adjustment could adversely affect the ability of the reconfigured lots to be adequately served by such on-site system. (Ord. 06-269 § 2 (Exh. A)).

16.02.050 Application.

Applications for boundary line adjustments shall be made on forms provided by the city and include the following information:

A. At least one original drawing, six copies, and one eight-and-one-half-inch by 11-inch copy containing the information prescribed in subsection (B) of this section.

B. The drawing shall be prepared by a professional land surveyor or professional engineer as prescribed in EMC 16.01.150, drawn to scale with accurate dimensions, and clearly showing the following information:

1. Drawn to scale with accurate dimensions at no less than one inch equals 100 feet and the scale shall be shown on the drawing;

2. The proposed lines for all affected lots, indicated by heavy solid lines;

3. The existing boundary lines proposed to be changed, indicated by heavy broken lines;

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

5. The original legal description of the property together with new, separate legal descriptions for each parcel;

6. The position of rebar and caps set at each new property corner;

7. All parcel numbers of affected lots;

8. The location of the property to quarter/quarter section;

9. The location and dimensions of any drain field, easement, or right-of-way existing within or adjacent to any affected lots;

10. The area and dimensions of each lot following the proposed adjustment; and

11. The net buildable area for each lot in light dashed lines.

C. The drawing shall be attached to, or have included on its face, a formal legal declaration of boundary line adjustment, signed and notarized by all legal owners of the subject properties.

D. The applicant shall provide information on existing and, if applicable, proposed future method of sewage disposal for each affected lot.

E. The applicant shall provide a preliminary title report, dated not more than 30 days prior to the submission of the application, setting forth all persons having an interest in the lots affected by the boundary line adjustment.

F. The appropriate fee as set forth in Chapter 3.35 EMC shall accompany the application. (Ord. 06-269 § 2 (Exh. A)).

16.02.060 Final approval.

A. After the director has granted approval of a boundary line adjustment application, the applicant shall have prepared and shall submit a Mylar drawing to the city containing the information prescribed in EMC 16.02.050 and any information required in the conditions of approval.

B. The Mylar drawing shall include the following information:

1. A statement that the boundary line adjustment does not constitute a conveyance of real property.

2. The Mylar drawing shall contain all survey information required for a record of survey under the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC, together with the signature blocks required in EMC 16.01.160, and the surveyor’s certificate, which shall be fully executed before approval.

3. The Mylar drawing submitted for recording shall also be submitted in an electronic format approved by the city engineer.

4. A free consent statement, certifying that the individual(s) signed as a free and voluntary act and deed for the uses and purposes herein mentioned, shall be inked on the Mylar. This shall be dated, signed and notarized (paper press seals will not be accepted) by a notary public in and for the state of Washington, with “notary’s residing at” included in notary’s certification, prior to submittal, in permanent black ink, by all parties having interest in the property. Owners’ names shall also be lettered below the signatures. (Ord. 06-269 § 2 (Exh. A)).

16.02.070 Review procedures.

Boundary line adjustment applications shall be reviewed as a Process I administrative approval as prescribed in EMC 18.40.080. A completed application for a boundary line adjustment shall be determined incomplete, approved, returned to the applicant for modifications, or denied within 30 days of receipt of an application by the city. The city shall not be considered to be in receipt of a complete application unless and until such time as the applicant meets the requirements of EMC 18.40.140, Project permit applications, and any other requirements as determined by the director. (Ord. 06-269 § 2 (Exh. A)).