Chapter 19.16


19.16.010    Purpose/applicability.

19.16.020    Boundary line adjustment requirements.

19.16.030    Application requirements.

19.16.040    Determination of completeness, resubmittal and expiration of application.

19.16.050    Public notice of application process.

19.16.060    Criteria for approval.

19.16.070    Review and action by director.

19.16.080    Review and action by hearing examiner on concurrent applications.

19.16.090    Boundary line adjustment approval – Recording.

19.16.010 Purpose/applicability.

The purpose of this chapter is to provide procedures and standards for the adjustment of boundaries between adjacent parcels. Legitimate purposes of boundary line adjustment applications shall be determined by conformance with the following standards:

A. Whenever the owner(s) of abutting lots desire to adjust the boundary lines between their properties, they shall be required to apply for and obtain approval of a boundary line adjustment as provided in this chapter.

B. When all of the affected property owners are in agreement, the adjustment of lot lines between platted or unplatted lots, or both, should be a straightforward administrative process that results in more regular configurations of lot boundaries as determined by the director or his/her designee. The adjustment of lot lines should lead to:

1. Lots better configured to meet zoning setback requirements;

2. Lots with adequate access; and

3. The consolidation of existing nonconforming lots, or parts of existing lots, to create conforming lots.

C. Lot line adjustments may not be proposed for or designed to accomplish any of the following:

1. Create new or additional lots, tracts, parcels, or divisions.

2. Adjust lines between lots that have been created for tax purposes only. Lots that have been created solely for tax purposes shall not be considered to be existing lots.

3. Create new or additional parcels, lots, tracts, or building sites.

4. Create substandard lots as to lot size and dimension.

5. Render an existing structure or lot as nonconforming in any respect, nor increase the nonconformity of an existing nonconforming structure or lot.

6. Jeopardize or render impractical existing easements so they cannot serve the purpose they were intended to provide.

7. Result in an inadequate building site for any lot containing area(s) determined to be environmentally sensitive according to Chapter 17.10 SMC.

8. Be proposed if the proposed configuration requires the creation of new streets or private roads; requires dedication of public right-of-way or creation of access easements; or requires improvements to existing streets or private roads in order to meet current development standards. A lot line adjustment is not the appropriate mechanism to reconfigure lots if new or improved infrastructures are needed to serve the revised lot configuration.

9. The proposed boundary line adjustment shall not create nonconforming lots or nonconforming situations and shall not increase nonconformities that exist at the time of application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.020 Boundary line adjustment requirements.

A. Boundary line adjustments require a property survey prepared by a licensed land surveyor. Copies of such survey shall be submitted with the application in such number and format as requested by the city, prepared in accordance with SMC 19.16.030.

B. The boundary line adjustment drawing shall identify the exterior boundaries of all properties involved in the adjustment and shall identify the receiving parcel as a single parcel which includes the conveyed portion of the grantor’s property. Revised legal descriptions of the parcels involved shall accompany the map.

C. The boundary line adjustment drawing and conveyance document shall contain a binding covenant indicating that the land being conveyed is for the sole purpose of adjusting the boundary line between parcels and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.030 Application requirements.

Boundary line adjustment, as defined in Chapter 19.04 SMC, shall comply with the following:

A. Preapplication Conference.

1. Preapplication Conference Required. Prior to filing a boundary line adjustment application that involves properties with irregular boundaries or multiple parcels in one proposal, the applicant shall attend a preapplication conference and submit a sketch or description of the proposed boundary change as provided in SMC 19.02.030. Applications meeting this description will not be accepted without a preapplication conference.

2. Preapplication Conference Not Required. When a proposed boundary line adjustment involves only two regular rectangular parcels and the proposed boundary line adjustment is to move the common line to create two revised regular rectangular parcels, the applicant may submit the application without a preapplication conference.

B. Multiple Parcel Applications. When an applicant proposes to move boundaries among more than two adjacent parcels, the following components shall be included in the application:

1. An area map showing all parcels involved in their current boundary configuration, including adjacent streets and other area details to clearly locate the property within the community.

2. Individual depictions showing the survey-level details of each boundary in its current configuration and its proposed new location including map and legal description.

C. Application Fee. A base application fee and a per-lot fee as provided by the city of Sultan annual fee schedule for each boundary line being adjusted.

D. Legal Descriptions. The application shall include the existing and proposed legal descriptions of the properties involved.

E. Lot Status. Applications shall provide evidence of legal lot status (verification that the lot(s) are not for tax purposes only).

F. Map Requirements. Boundary line adjustment maps shall contain a survey-level detail map of the existing property boundaries and square area of the existing parcels and clear depiction of the boundary to be moved and the configuration and square area of the resulting parcel(s). Adjacent public right-of-way shall be shown to document that each resulting parcel has the required public access.

G. Surveyor Required.

1. A lot line adjustment map shall be a record of survey prepared, signed and sealed by a professional land surveyor licensed in the state of Washington prepared in accordance with the requirements of Chapter 58.09 RCW, Surveys – Recording, and WAC 332-130-050, Survey map requirements.

2. The final lot line adjustment map shall be in a form acceptable for recording by the Snohomish County auditor’s office. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.040 Determination of completeness, resubmittal and expiration of application.

A. The developer shall submit the application to the director along with the appropriate fees.

B. Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.

C. The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:

1. A determination of completeness; or

2. A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.

D. The application shall not be accepted for formal filing and shall vest no rights until issuance of a formal determination of completeness by the director.

E. Resubmittal.

1. Resubmittals with the necessary information making the application complete within six months of original filing will not be subject to additional short plat filing fees.

2. Resubmittals between six months and one year of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the city of Sultan annual fee schedule.

F. Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within one year of the notification of such determination shall result in expiration of the application. Any subsequent application for a boundary adjustment of the subject property shall be subject to a new application process and all fees applicable to a boundary adjustment. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.050 Public notice of application process.

Notice shall be provided as required for Level I process in Chapter 19.22 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.060 Criteria for approval.

In reviewing the proposed boundary line adjustment, the director or his/her designee shall use the following criteria for approval. To be approved, an application must comply with all of the following criteria:

A. The proposed boundary line adjustment (BLA) will not violate applicable zoning code requirements.

B. The proposed BLA will not cause boundary lines to bisect on-site sewage disposal systems, prevent adequate access to water supplies or obstruct fire lanes.

C. The proposed BLA will not create new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry or other safety concerns as determined by public works.

D. If within a formal subdivision, that the proposed boundary line adjustment will not violate the conditions of subdivision approval or the city’s subdivision ordinance.

E. The proposed BLA will not cause any existing lot that conforms to lot area or lot width requirements to become substandard.

F. Lots that are reconfigured through the lot line adjustment process shall be designed in such a manner that there is sufficient area to construct all proposed structures, driveways, roads, parking areas and/or yards without encroaching on a critical area, buffer or any setback required to meet current code.

G. No lot line adjustment shall be approved where the adjustment will result in a violation of a city or state code. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.070 Review and action by director.

A. Review Level. Boundary line adjustments require a Level I (director review) development review as specified in Chapter 19.22 SMC.

B. The director will circulate copies of the proposed boundary line adjustment application to the city’s development review team. Each development review team representative will provide recommendations to the director at the appropriate development review meeting.

C. The director or his/her designee shall review and approve the application if all of the requirements of this chapter have been met.

D. The director or his/her designee shall prepare a written decision with supporting facts and reasons within 90 days of receipt of a complete application.

E. If the application does not meet the requirements of this chapter, the application shall be sent back to the applicant for revisions or rejected.

1. A requirement for revision shall include brief direction as to the code standards that are not met, but that could be met with appropriate revision.

2. Denial of the application shall include a statement of the criteria/standards that are not met by the application and that no reasonable revision of the proposal can be expected to rectify and why that is the case.

F. If the boundary line adjustment is consolidated with one or more permits, the timing of boundary line adjustment review shall be the same as the higher-level application of which it is a part. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.080 Review and action by hearing examiner on concurrent applications.

A. For boundary line adjustments that are reviewed concurrently with a land use action requiring a decision by the hearing examiner, the BLA application shall not be considered complete for a determination of completeness until the concurrent application is complete.

B. The hearing examiner shall act as the BLA decision maker when the BLA is in conjunction with a concurrent land use application requiring a decision by the examiner.

C. The examiner shall apply the review criteria in this chapter in determining if a BLA may be approved. Frontage and infrastructure improvements, as provided in the Engineering Design and Development Standards (EDDS) and Chapter 19.42 SMC, Public Facility Requirements, may be required for the area subject to the BLA and the concurrent application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.16.090 Boundary line adjustment approval – Recording.

A. When the requirements of this chapter are met, the director shall certify approval of the boundary line adjustment.

B. The applicant must submit and complete and record all required documents as specified by this title within 30 days following the date of approval to validate the boundary line adjustment.

C. Failure to complete and record the required documents within 15 days following approval will result in lapse of the approval. A new application and fee will be required if the applicant desires to proceed with the project. No time extension will be granted.

D. No boundary line adjustment shall be recorded without the director’s certification on its face.

E. The surveyor shall set the necessary monuments, record the survey with the county auditor and submit a copy to the director.

F. A boundary line adjustment is not valid until it has been recorded.

G. A recorded Mylar or digital copy of the recorded documents shall be returned to the city and kept with the city’s records.

H. If any dedications are required, they shall be specifically identified on the plat document at the time of approval. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))