Chapter 17.38BOUNDARY LINE ADJUSTMENTS

Sections:

17.38.010
Purpose.
17.38.020
Scope.
17.38.030
Application.
17.38.035
Record of Survey.
17.38.040
Administrative Review.
17.38.010Purpose.

The purpose of this Chapter is to clearly delineate the criteria used by City departments to review boundary line adjustments. Boundary line adjustments provide a procedure for changes in property lines where no new lots, units, or parcels are created. A boundary line adjustment is generally exempt from the provisions of RCW 58.17. A boundary line adjustment does not apply to boundary changes that would result in increased development or density otherwise regulated by applicable City land use codes and regulations, or to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision. This Chapter is also intended to insure compliance with the Survey Recording Act. (Ord. 591 § 70, 2015; Ord. 60 § 1 (part), 1996.)

17.38.020Scope.

The boundary lines separating two lots of record may only be adjusted under the provisions of this Chapter. Extinguishing such lot lines or the merger of lots is also considered a boundary line adjustment subject to the requirements of this Chapter. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the Subdivision Regulations. Boundary line adjustments shall not:

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

B. Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health codes and regulations. This provision shall not be construed to require correction or remedy of pre-existing non-conformities or substandard conditions;

C. 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;

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

E. Increase the nonconforming aspects of an existing nonconforming lot;

F. Replat, alter, or vacate a plat or short subdivision;

G. Amend the conditions of approval for previously-platted property;

H. Reduce the overall area in a plat or short plat devoted to open space;

I. Involve lots which do not have a common boundary;

J. Circumvent the subdivision or short subdivision procedures set forth in this title. Factors which indicate that the boundary line adjustment process is being used in a manner inconsistent with statutory intent include: numerous and frequent adjustments to the existing lot boundary, a proposal to move a lot or building site to a different location, and a large number of lots being proposed for a boundary line adjustment; or

K. Be inconsistent with applicable city code. (Ord. 591 § 71, 2015; Ord. 60 § 1 (part), 1996.)

17.38.030Application.

A. Applications for boundary line adjustments shall be made on forms provided by the City Community Development Department and shall be submitted to the Community Development Department with one original (may be deferred) and five paper copies of a plan signed and stamped by a professional land surveyor, drawn to scale with accurate dimensions, clearly showing the following information:

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

2. The existing lot lines proposed to be changed, indicated by heavy broken lines;

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

4. The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as Parcel A, Parcel B, etc.;

5. The position of Rebar and caps set at each new property corner;

6. All parcel numbers of affected lots;

7. The location of the property to Quarter/Quarter Section;

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

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

10. The existing, and if applicable, proposed future method of sewage disposal for each affected lot.

B. Zoning Designations shall follow boundary lines of separate lots and parcels. Where a zoning map or comprehensive plan map appears to reflect a division of a single lot or parcel into two zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located; except, lands which fall partially into and partially out of the McChord Air Corridors, as designated in the comprehensive plan, shall be exempt from this interpretation.

C. Where a boundary line adjustment is sought to facilitate development of the affected property, the City shall be entitled to require compliance with the subdivision, zoning, and site development standards of the City as a condition of approval of the boundary line adjustment.

D. The total change(s) in lot size resulting from one or more boundary line adjustments shall not produce a lot smaller than the minimum developable lot size for the zoning district in which the lot is located as of the time of the completion of the boundary line adjustment(s). (Ord. 591 § 72, 2015; Ord. 500 § 5, 2009; Ord. 60 § 1 (part), 1996.)

17.38.035Record of Survey.

A. The Plat map shall be titled on the top of the page, in large capital letters, as follows:

RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT

B. A note shall be placed on the plat map that reads as follows:

THIS BOUNDARY LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION.

APPROVAL OF A BOUNDARY LINE ADJUSTMENT IS NOT A GUARANTEE THAT FUTURE PERMITS WILL BE GRANTED FOR ANY STRUCTURE OR DEVELOPMENT WITHIN A LOT AFFECTED BY A BOUNDARY LINE ADJUSTMENT.

C. All requirements of Chapter 58.09 RCW and 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed on the plat map that reads as follows:

THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER 58.09 RCW AND 332-130 WAC.

D. Boundary line adjustment applications shall be submitted to the Community Development Department with a preliminary title report on forms approved by that Department with liability for errors not to exceed the value of the affected lots, as determined by the assessed value on the date of approval. The preliminary title report shall set forth all persons having an interest in the lots affected by the boundary line adjustment. The preliminary title report must be dated no more than 30 days prior to application and must be updated to the date of boundary line adjustment approval, without cost to the City.

E. The plat map submitted for recording in the Auditor's Office shall contain all survey information required for a Record of Survey under the “Survey Recording Act”, Chapter 58.09 RCW and 332-130 WAC, together with the following additional signature blocks, which shall be fully executed before approval:

SURVEYOR'S CERTIFICATE

This map correctly represents a survey made by me or under my direction in conformance with the requirements of Survey Recording Act at the request of on

, 20__ .

Certificate Number

Surveyor

COMMUNITY DEVELOPMENT DEPARTMENT

______________________ _________

Community Development Director Date

CITY ASSESSOR-TREASURER

I hereby certify that all state and city taxes heretofore levied against the property described hereon, according to the books and records of my offices, have been fully paid.

_______________________ _____________

Deputy Assessor/Treasurer Date

Reviewed for Segregation

_______________________ ______________

Deputy Assessor/Treasurer Date

F. A Free Consent Statement, as shown below, shall be inked on the Plat map. This shall be signed and notarized, prior to submittal, in permanent black ink, by all parties having interest in the property. Owners' names shall also be lettered below the signatures.

The undersigned agree that the boundary line adjustment set forth herein is made with the free consent and in accordance with the desires of the owners.

(Black Ink Seal. Paper Press Seals Will Not Be Accepted)

Notary Seal

I hereby certify that the above individual(s) signed as a free and voluntary act and deed for the uses and purposes herein mentioned.

Given under my hand and seal this ____day of____ , 20__.

_____________________, NOTARY PUBLIC, in and for the State of Washington, residing at _______.

G. An application for a boundary line adjustment shall be accompanied by a non-refundable Planning review fee as set forth in separate Resolution. (Ord. 591 § 73, 2015.)

17.38.040Administrative Review.

An application for a boundary line adjustment shall be processed as a Process I permit action. The Department shall not be considered to be in receipt of a complete application unless and until such time as the applicant meets the requirements of Section 17.38.030, as determined by the Community Development Director or his/her designee.

A. The Community Development Department may forward a copy of the proposed boundary line adjustment to the City Engineer, the Fire Marshal, the Tacoma-Pierce Health Department, and to any other County Department or Division which may be affected.

B. A copy of the proposed boundary line adjustment shall be forwarded to the Assessor-Treasurer's Office. The Assessor-Treasurer's Office shall review the boundary line adjustment for accuracy of legal description, ownership, lot dimensions, and improvements on the lots.

C. The Departments shall review the proposed boundary line adjustment against the purpose and scope described in 17.38.010 and 17.38.020 respectively and submit any comments to the Community Development Department no later than 30 days from the date of the agency transmittal.

D. If the Department of Community Development determines that an application for boundary line adjustment may impair drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract parcel, site, or decision, it shall refer the application to the appropriate department for review.

E. Following receipt of the comments of consulted departments under Subsection A. above, but in no case later than 60 days from receipt of completed application, the Director or his/her designee shall approve or deny the requested adjustments.

F. After approval, the applicant's surveyor must record the survey of boundary line adjustment, together with deeds of conveyance signed by parties disclosed in the title report when the adjusted boundary separates different ownerships. If the record of survey and required deeds of conveyance have not been recorded within 30 days of boundary line approval, the boundary line adjustment shall be null and void.

G. The approval of a boundary line adjustment shall not be a guarantee that future permits will be granted for any structure or development within a lot affected by the boundary line adjustment.

H. An aggrieved person may appeal the Director's decision on a boundary line adjustments to the Hearing Examiner, in accordance with procedures described in LMC 18A.02.740. The Hearing Examiner's decision shall be final. (Ord. 591 § 74, 2015; Ord. 60 § 1 (part), 1996.)