Chapter 18.08
LOT LINE ADJUSTMENTS

Sections:

18.08.010    Purpose.

18.08.020    Scope.

18.08.030    Application submittal and contents.

18.08.040    Approval criteria.

18.08.050    Lot line adjustment review process.

18.08.060    Time limitation to record approved lot line adjustment.

18.08.070    Recording.

18.08.010 Purpose.

The purpose of this chapter is to clearly delineate the criteria used by the city of Port Townsend to review boundary or lot line adjustments. Lot line adjustments provide a procedure for minor or insignificant changes in property lines. A lot line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a lot line, to remedy property use constraints caused by adverse topographical features, or to consolidate previously platted lots into a single parcel for purposes of development under circumstances where the director deems lot consolidation through restrictive covenants to be inadequate. A lot line adjustment does not apply to boundary changes that would result in increased development or density otherwise regulated by applicable city of Port Townsend land use codes and regulations, or to actions requiring the replat, amendment, alteration, or vacation of a plat or short subdivision. The adjustment must be consistent with all applicable zoning, health, building, or similar regulations. This chapter is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. (Ord. 2572 § 2, 1997).

18.08.020 Scope.

The lot lines separating two or more lots of record may only be adjusted under the provisions of this chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision requirements set forth in this title; provided, that all requirements set forth in this chapter are met, lot line adjustments proposing lot reorientations shall be deemed to be minor in nature. (Ord. 3035 § 11, 2010; Ord. 2572 § 2, 1997).

18.08.030 Application submittal and contents.

To be considered complete, a lot line adjustment application shall include the following:

A. Applications for lot line adjustments shall be made on forms provided by the city of Port Townsend DSD and shall be submitted to the DSD, along with the appropriate fees established by Chapter 20.09 PTMC;

B. A completed land use permit application form, including all materials required pursuant to PTMC 20.01.100;

C. Three copies of a clean and legible drawing suitable for recording showing the following:

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

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

3. The location and dimensions of all structures/improvements existing upon the affected lots and the distance between each such structure/improvements and the proposed lot/boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid 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. A north arrow and scale;

6. All parcel numbers of affected lots;

7. The location of the property as to quarter/quarter section;

8. The location and dimensions of any easements within or adjacent to any affected lots;

9. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the affected lots;

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

11. The existing and, if applicable, proposed future method of sewage disposal for each affected lot, including the location and dimensions of the proposed drainfield; and

12. The location of all existing and proposed water, sewer and storm drainage facilities;

D. For proposals including complex drawings or property descriptions, including but not limited to proposed lot reorientations, the drawing shall be done by a licensed surveyor unless otherwise waived by the director;

E. The drawing shall be attached to or include on the face, a formal legal declaration of the lot line adjustment, signed and notarized by all legal owners of the subject properties;

F. A copy of any CC&Rs, deed restrictions or planned unit development agreements pertaining to or affecting the property;

G. If on-site wastewater (septic tanks) disposal is proposed under the limited circumstances where city code does not require connection to the city’s municipal sewer system, the applicant shall provide written verification from the Jefferson County environmental health department that the site is adequate to accommodate an on-site sewage disposal system. (Ord. 2982 § 7, 2008; Ord. 2892 § 1, 2005; Ord. 2572 § 2, 1997).

18.08.040 Approval criteria.

All public improvements installed for any lot line adjustment shall be in accordance with the city’s engineering design standards. Lot line adjustments shall not:

A. Create any additional building site, lot, tract, parcel, 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 city’s zoning and land use and state and local health codes and regulations. This provision shall not be construed to require correction or remedy of pre-existing nonconformities or substandard conditions;

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

D. Diminish or impair any public or private utility easement or deprive any parcel of access or utilities;

E. Create unreasonably restrictive or hazardous access to the property;

F. Increase the nonconforming aspects of an existing nonconforming lot relative to the city’s zoning and land use regulations;

G. Replat or vacate a plat or short subdivision, or revise or amend the conditions of approval of any full or short subdivision;

H. Amend the conditions of approval for previously platted property;

I. Involve an adjustment of lot lines that the development services director judges to be solely for the purpose of avoiding frontage improvements or an obligation to pay latecomer fees; or

J. Resulting lot shapes from a lot line adjustment shall be designed generally to be at right angles to the abutting street and shall avoid awkward configurations or appendages, except where the express purpose of the adjustment is to correct a legitimate boundary line encroachment. (Ord. 3035 § 12, 2010; Ord. 2572 § 2, 1997).

18.08.050 Lot line adjustment review process.

A. Prior to approval, a proposed lot line adjustment shall be reviewed by the Jefferson County assessor. The applicant shall pay all applicable fees for such review.

B. Based on comments from the public works director, public health official, and other applicable agencies and departments, the director shall approve the proposed lot line adjustment only upon finding that the standards of PTMC 18.08.040 have been satisfied.

C. An application for a lot line adjustment shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. If the applicant seeks a lot line adjustment which will result in a lot reorientation, the application shall be processed according to procedures for Type II land use decisions. (Ord. 2572 § 2, 1997).

18.08.060 Time limitation to record approved lot line adjustment.

The applicant shall submit all final documents for review and approval by the director within 90 days of approval of the application. If the final documents are not recorded within 90 days of approval, the lot line adjustment shall automatically become null and void. (Ord. 2572 § 2, 1997).

18.08.070 Recording.

A. Upon approval of the application, the director shall notify the applicant. The applicant shall then record with the Jefferson County auditor the certificate or document issued by the director indicating approval of the lot line adjustment, together with the legal document(s) transferring title, any applicable restrictive covenants, and the survey, if it has not yet been recorded. The drawing shall be done by a licensed surveyor unless otherwise waived by the director.

B. A lot line adjustment does not become effective until the applicant has recorded the documents required for recording with the Jefferson County auditor. The applicant shall return one copy of each recorded document to DSD, which copy must bear the county auditor’s stamp to verify recording. No building or other site development permits shall be granted until the applicant returns the copy of the recorded document to DSD. (Ord. 2982 § 7, 2008; Ord. 2892 § 1, 2005; Ord. 2572 § 2, 1997).