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HomeMy WebLinkAbout2269 Boundary Line Adjustments Procedures and RequirementsORDINANCE NO. 2269 AN ORDINANCE ESTABLISHING A PROCEDURE AND THE REQUIREMENTS FOR REVIEW AND APPROVAL OF BOUNDARY LINE ADJUSTMENTS WITHIN THE CITY; ADDING A NEW CHAPTER TO TITLE 18 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE Following study and investigation, and public hearings conducted by the Planning Commission and by the City Council of ~ the City of Port Townsend, the city Council makes the following findings: 1) RCW 58-17.040(6) provides for the alteration and adjustment of boundary lines, without the requirement of a subdivision. 2) Section 18.38.021(B) (7), as hereafter amended, of the Port Townsend Municipal Code (PTMC) exempts from the requirements of short subdivisions the division of land for the purpose of minor line adjustments. 3) To assure that State law and City Ordinance are complied with, the city Council deems it in the public interest to establish an application, review and approval process of proposed boundary line adjustments by the city's Planning and Building Department, and that certain criteria and requirements should be satisfied prior to approval of boundary line adjustments. Now therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS'. 1.1 The purpose of this ordinance is to establish a procedure for the application, review and approval, or denial, of proposed boundary line adjustments, and to establish criteria and requirements for the same, consistent with the provisions of RCW 58-17.040(6) as now or hereafter amended. 1.2 The boundary lines separating two or more lots of record may be adjusted under the provisions of this Chapter, provided that such adjustment: 1.2.1 Will not result in the creation of any additional lot, tract, parcel, site or division. 1.2.2 Will not create any lot, tract, parcel, site or division which contains insufficient area and dimensions to meet the requirements of the Port Townsend Municipal Code and applicable conditions, covenants and restrictions pertaining to the property. 1.2.3 Will not adversely affect access, easements or drainfields. 1.2.4 Will be in conformance with any applicable health, building, zoning or similar regulations. 1.2.5 Will not increase the nonconforming aspects of an existing nonconforming lot. 1.2.6 Will not violate either restrictive covenants contained on the face of a final plat nor conditions of preliminary plat approval. 1.2.7 Will not create an unreasonably hazardous approach to or from the property for access or egress purposes, nor increase the number of lots accessing to or from an arterial or collector street within the City. 1.2.8 Will be minor in nature and will not be contrary to the purpose of RCW 58.17 and PTMC Title 18. Section 2 Definitions. 2.1 Lot shall mean a fractional part of a subdivided area having fixed boundaries and being of sufficient area and dimensions to meet minimum zoning requirements, and also means any identifiable parcel of unsubdivided land with established boundaries set forth in a Deed or other form of conveyance. The term shall include tracts or parcels. 2.2 Boundary line adjustment means a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division, nor create any lot, tract, parcel, site or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site. All boundary line adjustments shall conform to the criteria set forth in subsection 1.2.1 through and including 1.2.7 of this Ordinance, and the other provisions of this Ordinance. 2 2.3 ~erson means any natural person, partnership, corporation, association or other entity, and any governmental body. Section 3 Approval Required. No person shall do or take any action which would cause or result in a boundary line adjustment as defined in this ordinance, without first complying with the terms of this Ordinance and having the proposed boundary line adjustment approved as required herein. Section 4 Application Requirements. 4.1 Application for boundary line adjustment shall be made on forms to be provided by the Planning and Building Department, and shall be submitted to the same with the applicable fee. The application will include the following: 4.1.1 The signatures of the owners of the property or their representative, involved in the adjustment, indicating approval of the proposal; 4.1.2 The existing legal descriptions and proposed legal descriptions, bearing the signature and seal of a registered professional land surveyor, attesting to the accuracy of the legal descriptions; 4.1.3 Description of any restrictive covenants or conditions on the subject property; 4.1.4 A nonrefundable fee as set forth by Section 3.36.015 of the Port Townsend Municipal Code. 4.2 In addition to the application, the applicant must also submit three copies of a plan, drawn to scale and accurately dimensioned, clearly showing the following information: 4.2.1 The existing and proposed boundary lines and identification by lot and parcel number for all affected lots; 4.2.2 North Arrow; 4.2.3 The area and dimensions of each 10t existing and proposed; 4.2.4 The location of all structures existing upon the affected lots accurately showing the distance of each such structure from all existing and proposed lot lines and from each other structure; 4.2.5 The location of all generally observable natural features, such as slopes, bluffs and wetlands 3 on the affected lots; 4.2.6 The location and dimensions of any drainfield or easement within, or right-of-way or street within or adjacent to any affected lot: existing within or adjacent to any affected lot; and 4.2.7 The existing public utilities and, if applicable, a statement regarding proposed future method of sewage disposal for each affected lot; 4.2.8 Where any lot affected by a proposed boundary line adjustment is served or likely to be served in the future by an on-site sewage disposal system, a report provided by a registered sanitarian, civil engineer septic designer, or similarly qualified professional providing an analysis of the soil types, percolation and/or application rates, and a recommendation as to the ability of the proposed site or sites to meet all of then-existing standards for an on-site septic disposal system for each such lot; or an actual design for an on- site septic system or a method of approved sewage disposal for each site approved by the Jefferson County Health Department or its successor agency, shall be required by the City Engineer if the City Engineer finds that the proposed adjustment could adversely affect the ability of such lot or lots to be adequately served by such on-site system. 4.3 The Planning Director may require a survey to be prepared by a licensed land surveyor in order to ensure the accuracy of the new legal description and drawings. Section 5 Administrative Review. A complete application for a boundary line adjustment shall be approved, approved with conditions, or returned to the applicant for modification, or denied within 20 business days of its receipt by the Department. The Department shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirement of Section 4. 5.1 The Planning Director may forward one copy of the proposed boundary line adjustment plan to the Public Works Director for review if deemed necessary. In such case, the Public Works Director shall respond within 10 business days of receipt. 5.2 Public notice shall be mailed to each immediately adjacent property owner to the subject properties describing the proposed boundary line adjustment, and setting forth a comment period of 10 days. 5.3 At the closing of the comment period but no later than 20 business days following receipt of a complete 4 application, the Planning Director shall after reviewing comments received approve, approve with conditions, return to the applicant for modification, or deny the request. In approving or denying the application, the Director shall make appropriate findings of fact and conclusions in writing and notify the applicant. 5.4 Any conditions of approval may be required to be contained in and executed as a restrictive covenant against and running with the land, in form and substance approved by the Director. 5.5 The decision of the Planning Director may be appealed as contained in Section of the Municipal Code (appeal of administrative decisions). Section 6 Recording. 6.1 Upon approval of the application, the Director shall notify the applicant. The applicant shall then record the certificate or document issued by the Planning Director indicating approval of the boundary line adjustment, together with the legal document transferring title, any applicable restrictive covenants, and the survey, if one was required and has not yet been recorded, all with the Jefferson County Auditor. If the documents are not recorded within 90 days of approval, the boundary line adjustment shall automatically become null and void. 6.2 A boundary line adjustment does not become effective until the documents required for recording in subsection 6.1 have been recorded or filed for record with the Jefferson County Auditor. Two copies of each recorded document shall be returned to the City by the applicant. One copy will be held on file with the Planning and Building Department, and the other will be forwarded to the Public Works Department for records and map updates. Section 7 Restrictions 7.1 No property which has been the subject of a boundary line adjustment pursuant to the terms of this Chapter shall be short subdivided for a period of five years from the date of approval of the boundary line adjustment, in a manner that would create more lots than could have been achieved without the boundary line adjustment. 7.2 Ail boundary line adjustments shall comply with the provisions of subsection 1.2.1 through 1.2.7, inclusive, of this Ordinance. Section 8 ViolatiOns/Penalties. 5 8.1 Any person who makes any transfer or conveyance or enters into any contract for the transfer or conveyance of any property which would constitute a boundary line adjustment as defined by this Ordinance, and who fails to comply with the provisions of this Ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in a sum not to exceed $1,000 or by imprisonment in the City jail for a period not to exceed 90 days, or by both such fine and imprisonment. However, it shall not be a violation to contract for the transfer or conveyance of property so long as the transfer or conveyance is expressly conditioned upon boundary line adjustment approval. 8.2 In addition, any such transfer or conveyance shall be null and void, and the City may record any appropriate document to nullify or may initiate any appropriate action to enjoin or set aside such transfer, conveyance or any sale or agreement in the appropriate Court with jurisdiction, and may recover, together with any other amounts, its attorney's fees and costs incurred in bringing such action. Section 9 Section 18.38.021 of the Port Townsend Municipal Code is hereby amended as follows: 18.38.021 Exemptions. A. The following are exempt from the provisions of this chapter: 1. Cemeteries and other burial plots while used for that purpose; 2. Division made by testamentary provisions, or the laws of descent. B. The following are exempt from the provisions of this chapter, except that each and every tract, parcel lot or division so created, be surveyed and marked on the ground by a land surveyor, registered with the state of Washington, in accordance with the Survey Recording Act of 1973 and applicable current Washington Administrative Code and the revised code of Washington: 1. Divisions made by gift among members of an immediate family, provided: a. The grantor has fee simple title to the gift parcel, b. The parcel so granted is not a resubdivision of a lot within a short plat within five years of the date of recording the subject short plat, c. Residential divisions shall meet Jefferson County Health Department standards as related to sewage disposal and water supply, d. Such subdivisions shall be restricted from resale for a period of five years from the effective date of the gift transaction, e. Such divisions provide a sixty-foot legal access easement or right-of-way for ingress, egress and utilities to all resulting parcels, and 6 f. Members of an immediate family shall mean father, mother, daughter, son, brother, sister, grandparent, grandchild; 2. Divisions relating to the acquisition of land by public agencies, including, but not limited to, divisions made for road widening purposes; 3. Divisions by private parties for land restricted solely for the use as a means of ingress and egress; 4. Divisions for lease where such land is to be used for the sole purpose of agriculture; 5. Division of land into lots or tracts one one- hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land; provided: a. That the purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and side lot lines running perpendicular to such centerlines, b. Such divisions provide a sixty-foot legal access easement or right-of-way for ingress, egress, and utilities serving all tracts so divided, c. The nature of the access, or lack thereof, shall be made a part of the legal description of the property, and d. Land so divided shall not be resubdivided within five years without the approval of a final long plat, unless each and every tract within the resubdivision is also five acres or larger; 6. Division of land into lots or tracts where the overall density of the entire parcel being divided does not exceed one unit per five acres or larger if the land is not capable of description as a fraction of a section of land, provided: a. That for the purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines running perpendicular to such centerlines, b. Such divisions provide a sixty-foot legal access easement or right-of'way for ingress, egress, and utilities serving all tracts so divided, c. Legal access of no specified width, from a public road to the entire tract of land being divided, shall be secured, d. Residential lots or tracts meet standards of the Jefferson County Health Department as related to water supply and sewage disposal, e. Each lot or tract so created has a combination of divided and undivided (or common) interest in five acres or greater, f. Undivided or common interest tracts be adjacent to, or contiguous with, or functionally related to, residential lots so created, g. Restrictive covenants or other means shall be employed to maintain the prescribed density and common area, h. Land so divided shall not be resubdivided within three years without the approval of the final long plat, unless each and every tract within the resubdivision is also five acres or larger; 7. ~he-e~m~~-~-~e~s-~-~e~s~Y-~a~e~ ~e~s-whe~ a~---~he-~e~a~-~m~e~-e~-~e~s-~s-~e~-~e~ease~7 b?---~he-~es~m~-~a~ee~s-mee~-m~m~m-Se~e~se~ 8= Land divided solely for the purpose of minor line adjustment?-~e~eae as set forth in ordinance 2269. a~---~he-~e~-m~mbe~-e~-~e~s-a~e-~e~-~me~ease~ bv---~he-~es~m~-~a~ee~s-mee~-s~a~aa~s-e~-~he ~e~e~se~-ee~-hea~h-~e~a~me~-as-~e~a~e~-~e-wa~e~-s~Y-a~ 9~8. A single parcel deed release for home mortgage purposes, provided such parcel meets standards of the Jefferson County Health Department for lot area as related to water supply and sewage disposal. (Ord. 2049 ssl2, 13, 1986) Section 10 Section 3.36.015 is here and hereby amended as follows. 3.36.015 Fees--Building and land use. Application and service fees for the various building and land use applications, permits and agreements shall be as follows: 1. For rezones, the sum of two hundred fifty dollars; 2. For application for amendment, supplementatation or modification to the text of the zoning code (Title 17), seventy- five dollars; 3. For variances, the sum of one hundred seventy-five dollars for single-family residences; three hundred dollars for other uses; 4. For street vacations, the sum of two hundred fifty dollars; 5. For conditional use permits, the sum of two hundred fifty dollars; 6. For short subdivision approval, the sum of three hundred dollars; 7. For subdivision, condominium, binding site plan or planned unit development approval, the sum of four hundred dollars, plus an additional five dollars for each lot or dwelling unit proposed; 8. For building permits, the fees and charges set forth in the Uniform Building Code, as currently adopted by the city; 9. For home occupation permits, the sum of forty dollars; 10. For sign permits, twenty-five dollars, plus an 8 additional five dollars for each additional sign included in the permit; 11. Preparation of legal agreements, forty dollars. 12. For Boundarv l,~ne Adjustments, forty dollars. Section 11 Severabilit¥. If any term or provision of this Ordinance or any part thereof is held to be invalid or unenforceable by any Court with jurisdiction, then the remainder of this Ordinance or of such term or provision not affected by such holding shall remain in full force and effect. Section 12 Effective Date. This Ordinance shall become effective upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council for the city of Port Townsend and signed by the Mayor of the City of Port Townsend this 19th day of November, 1991. David A. Grove, City Clerk Approved as to form: Keith C. Harper, City Attorney Approved by city Council: Signed by mayor: Published: Effective date: , 1991 , 1991 , 1991 , 1991