An ordinance amending Clallam County Code, Chapter 29.43 CCC Comparison of Surveyors submission of 5/1/07 (shown as mark-ups) with DCD Draft 07-04c (underlying text ) Section 1. Section.80, Applicability, is created to read as follows: (1) Boundary Line Adjustments may be used, pursuant The purpose of this chapter is to regulate the provisions of this Chapter, for the purpose of alteration by adjusting adjustment of boundary lines between platted or unplatted parcels of land or both which does. This chapter shall not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area as specified in this chapter. for a building site. Boundary Line Adjustments may also be used to remove boundary lines between platted or unplatted parcels of land. (2) Boundary Line Agreements may be used when a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, pursuant to the provisions of RCW 58.04.007 and this Chapter. (3) Lot Combination Covenants may be used, pursuant to the provisions of this Chapter, to combine, for the purpose of considering them as one building site, two or more unplatted or platted lots. A lot combination covenant constitutes notice to title that is binding upon the landowner, and his or her heirs, successors, and assigns, and all those who may claim an interest in the lots. A Lot Combination Covenant does not result in an altered plat or a change to the legal descriptions of the lots so combined. Section 2. Section.100, Boundary line adjustment application, is amended to read as follows : Any person desiring approval of a boundary line adjustment shall submit the followingan application to the Administrator for review according to the criteria for approval set forth in section.200:. The application shall include the following information: (1) A fully completed(1) A copy of the deeds, title reports or other legal documents showing proof of ownership for the subject properties; (2) The names, addresses and properly executed Boundary Line Adjustment Affidavit in a form made available by the Administrator, which shall include the following: (a) The names, contact information, and notarized signatures telephone numbers of all property owners who are part of involved in the proposed boundary line adjustment; (b) Assessor s tax parcel numbers and legal descriptions of (3) A signed authorization from all lots subject to the boundary line adjustment, and proposed legal descriptions of the proposed adjusted lots; and (c) Acknowledgements by the applicant(s)property owners indicating that (i) approval of the proposed boundary line adjustment does not guarantee a buildingbuildable site within the adjusted lots as such a determination is made based on the minimum area necessary to provide for dependent upon approvals of water, septic, setbacks, critical area, shoreline, and other applicable setbacks and requirements in effect at the time relevant development applications are vested, and (ii) approval of the proposed boundary line adjustment may not be grounds for approval of subsequent land division or variance requests; (2) A plot plan showing the following:
(a) The date of preparation of the maps, an identified north arrow, and the scale of the map; (b) The proposed lot lines for all adjusted lots, tracts or parcels, indicated by bold solid lines; (c) The (4) The total area of each lot before and after the proposed boundary line adjustment; (5) Assessor s tax parcel numbers of all lots subject to the boundary line adjustment; (6) A sketch to scale clearly indicating the existing lot lines proposed to be changed indicated by light broken lines; (d) The total size of each lot before and after the proposed boundary line adjustment; and (e) The location andand proposed boundaries with approximate dimensions, the preparation date, a north arrow,, and the approximate location of all structures, rights-of-way, easements, driveways, sewage disposal systems, wells, and other improvements on both lots subject to the proposed boundary line adjustment together with the distance between each such structure/improvement and the proposed 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; and;; (3) The following additional documents: (a) Title reports for each lot subject to the boundary line adjustment dated within thirty days of submission of the application; (b) A copy of any declaration of covenants, conditions, and restrictions (CC&Rs), deed restrictions, lot combinations, or any other covenants that run with the land, or any portion thereof; (c) Applicable fee pursuant to CCC 5.100.300, Fees for Planning Division services; and (d) At the applicant s discretion, the applicant may submit with the application the documents necessary to complete the boundary line adjustment pursuant to CCC 29.43.400. If the application is approved without conditions that require changes to these documents, then the Administrator will sign them at the time the application is approved. Our reading your proposed changes to this section seems to indicate that the application process will be difficult, if not impossible, for a lay person to complete without the assistance of a professional land surveyor. The intent of our version is to make it possible for a lay person to apply for the boundary line adjustment and receive approval at minimal cost. Section 3. Section.200, Boundary Line Adjustments, criteria for approval, is amended to read as follows : The Administrator may request additional documentation if the documentation provided is considered insufficient to make the findings below. Based on comments solicited and received from the Department of PublicWorks, the Department of Environmental Health or other applicable departments and agencies, the Administrator shall approve the proposed boundary line adjustment only upon findings that theall boundary line adjustments shall be consistent with the following standards: (1) The boundary line adjustment does not create any new lots. (2) The boundary line adjustment shall not: (1) Create any new lots; Page 2 of 5
(2) Result in any lot which does not meetdoes not create a parcel not meeting all dimension and area requirements of all applicable land use and environmental health regulations, including, but not limited to those found in this Title, the Zoning Code, Shoreline Master Program, Floodplain Management Code, and the Critical Areas Code;. (3) Increase The boundary line adjustment does not increase the nonconformity of any lot or structure which does not currently meet all dimension and areathe requirements of all any applicable land use and or environmental health regulations, including, but not limited to those found in this Title, the Zoning Code, Shoreline Master Program, and the Critical Areas Code, except where the Administrator finds that the adjustment will improve the conditions associated with the non-conformity;. (4) Realign The adjustment does not realign lot lines that create directional changes in the orientation of lot(s), such as changing front yards into side yards or rear yards which result in nonconforming setbacks;. (5) Result in a split-zoned lot; (6) Diminish or impair water supply, sewage disposal, ingress or egress, rights-of-way, or easements; (7) Diminish or impair any public or private utility easement or deprive any lot of access to utilities; (8) Relocate an entire lot from one parent parcel (currently existing within the perimeter of the proposed boundary line adjustment) into another parent parcel; (9) Result in the vacation of a plat or any portion thereof; (10) Revise, amend, or violate any of the restrictions or conditions of approval for any subdivision, short subdivision or large lot subdivision; (11) Separate an accessory dwelling unit from the primary dwelling unit; (12) Reduce the overall area in a recorded land division devoted to open space; (13) Involve lots which do not have a common boundary; nor (14) Circumvent any of 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 a proposal complicated to such a degree that the Administrator cannot make all the findings set forth in this section. Section 4. Section.300, Boundary Line Adjustments, Administrator s action, is amended to read as follows : Based on review of the proposed boundary line adjustment and pursuant to the provisions of Chapter 26.10 CCC, Consolidated Development Permit Process, the Administrator shall determine if the proposed boundary line adjustment is consistent with the criteria for approval for a boundary line adjustment set forth in CCC 29.43.200.29.43.600. If the Administrator finds that the proposed boundary line adjustment complies with all of the above requirements, the adjustment shall be approved. If the Administrator finds that the proposed boundary line adjustment does not comply with any of the above requirements, the adjustment shall be denied. The decision by the Administrator is appealable to the Hearing Examiner pursuant to Chapter 26.10in accordance with Chapter 26.10 CCC. Section 5. Section.400, Boundary Line Adjustment, final approval and authorization for property owners, is amended to read as follows : Page 3 of 5
(1) To complete a Boundary Line Adjustment, the applicant shall submit the following to the Administrator, consistent with the application as approved, together with any conditions of approval: (a) A survey done in full compliance with the Survey Recording Act, Chapters Chapter 58.09 and 58.17 RCW, RCW 58.24.040 and Chapter 332-130 WAC, of the proposed boundary line adjustment.. Said survey shall include the following: (i) The date of preparation of the survey, the assessor s tax parcel numbers, and the recording number of any previously recorded survey of any of the lots subject to the proposed boundary line adjustment;; (ii) The proposedadjusted and former lot lines for all adjusted lots, tracts or parcels,shall be clearly indicated by bold solid lines;; (iii) The existing lot lines proposed to be changed indicated by light broken lines; (iv) The total sizearea of each lot before and after the proposed boundary line adjustment; (v) (iv) The location and names of all existing or platted streets or roads, whether public or private, and other public ways within or adjacent toadjoining the lots subject to the proposed boundary line adjustment; ; (vi) (v) The location and dimensionwidth of all known easements or identification of record documents indicating easements; and (vii) (vi) The following notes: (A) This survey is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6) and Title 29 CCC. It does not create any additional lots, tracts, parcels, or division; (B) A further division of a lot shall not be permitted if the proposed total number of lots contained within the external boundaries of the lots subject to the boundary line adjustment exceeds the density allowed under zoning in effect at the time of the request for further division; (B) Approval of this boundary line adjustment does not guarantee a buildable site within the adjusted lots as such a determination is dependent upon approvals of water, septic, setbacks, critical area, shoreline, and other applicable requirements in effect at the time relevant development applications are vested, and approval of this boundary line adjustment may not be grounds for approval of subsequent land division or variance requests (C) Signature block for the Administrator to indicate approval; and Page 4 of 5
(D) Signature block and acknowledgements for all property owners; and (E) Recording information of the conveyance documents filed simultaneously with the survey, where applicable; (b) Conveyance documents establishing ownership consistent with the proposed boundaries, if the boundary line adjustment affects more than one property owner. These conveyance documents shall include a signature block for the Administrator to indicate approval, along with the following language: This conveyance is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6) and Title 29 CCC. It does not create any additional lots, tracts, parcels, or division; and (c) Supplements to the previously submitted title reports verifying ownership interests, and dated within thirty days of the submission of the survey, conveyance documents, and applicable fee; and (d) Division services. Applicable fee pursuant to CCC 5.100.300, Fees for Planning (2) The boundary line adjustment affidavit, survey, and conveyance documents must be submitted to the Administrator for review and approval within one year of the Administrator s approval of the boundary line adjustment application, or the application and approval shall lapse. The Administrator may grant up to one one-year extension for good cause, to be applied for in writing explaining the reason for the delay, at least thirty days before the approval shall lapse. (3) The boundary line adjustment shall not take effect until the affidavit, survey, and conveyance documents have been recorded. Pursuant to RCW 84.56.345 and 58.08.040, prior to June 1 st, current year and any delinquent taxes must be paid before the boundary line adjustment and conveyance documents may be recorded. ; after May 31 st, estimated advance taxes must also be paid.. Boundary Line Agreements This item intentionally omitted because it is not subject to the provisions of RCW 58.17. For boundary line agreements see RCW 58.04. Lot Covenant This item is intentionally omitted because it is a function of the building permit review process. We find no reference to Lot Combination or Lot Covenant in RCW 58.17. [For DCD proposed text for Boundary Line Agreements and Lot Combination Covenants, see DRAFT 07-05 of proposed ordinance amending Clallam County Code, Chapter 29.43.] Page 5 of 5