[1]
Prior legislation: Ord. 428.
The purpose of this chapter is to delineate procedures and criteria used to review boundary line adjustments for minor or insignificant changes in property lines. A boundary line adjustment can be used to: consolidate two or more lots; resolve boundary line issues between two or more lots; and other minor adjustments that meet the requirements of this chapter.
(Ord. 882, 2024)
(1) 
The planning director or designee shall approve a proposed boundary line adjustment only upon finding that the standards of this chapter have been satisfied. A boundary line adjustment 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 dimensions as set forth in the zoning code and building codes and regulations. This provision shall not be construed to require correction or remedy of preexisting nonconformities 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 any existing nonconforming lot relative to the zoning and land use regulations;
(f) 
Replat, amend, or vacate a plat or short plat, etc.;
(g) 
Amend the conditions of approval for previously platted property;
(h) 
Alter the underlying plat pattern, such as changing the general orientation of lots or lot access;
(i) 
Result in the entire relocation of lots from one area to another;
(j) 
Result in a lot that contains insufficient area and dimensions to meet the minimum lot size for the applicable zone;
(k) 
Result in a lot that is located in more than one zoning district;
(2) 
Result in a lot that is located in both town of Concrete limits and unincorporated Skagit County;
(3) 
A proposed boundary line adjustment that does not meet all of the criteria as listed above shall be processed according to the appropriate land division requirements of Concrete Municipal Code.
(Ord. 882, 2024)
Applications for boundary line adjustments shall be submitted on forms provided by the town of Concrete’s planning department and at a minimum contain/include the following information:
(1) 
One copy of a dimensioned boundary line adjustment map/plans that is prepared, stamped, and signed by a Washington State licensed land surveyor with the following information:
(a) 
All existing and proposed property lines;
(b) 
Lot lines with all property lines dimensioned and square footage of each lot and parcels identified;
(c) 
“Old” lot line(s) and “new” lot line(s) clearly labeled and differentiated;
(d) 
Total square footage/area of both existing and revised lots;
(e) 
All plans shall show the name and address of the applicant and the name, address and telephone number of the surveyor/engineer;
(f) 
The name of the proposed boundary line adjustment, town’s land use number, and the location of the boundary line adjustment shall be shown in the title block;
(g) 
The location of all existing structures on the subject parcel(s), including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements;
(h) 
Legal descriptions prepared and signed by a licensed land surveyor of existing and proposed lots;
(i) 
Locations of all existing and proposed ingress/egress. Location of all existing and proposed driveways on the subject parcel(s);
(j) 
Survey calculations;
(k) 
Any other information as may be required by the Skagit County auditor's office as condition of recording;
(l) 
The existing zoning of the subject parcel(s);
(m) 
Date, scale, and north arrow;
(n) 
Location of all existing utilities;
(o) 
The location of all wells and septic systems located on or near the project site;
(p) 
Names, locations, widths, types, and dimensions of abutting and on-site streets, alleys, and easements;
(q) 
Location of all interior permanent control monuments per state surveying standards;
(r) 
Verification that permanent markers are set at corners of the proposed lots;
(s) 
Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated;
(t) 
Surveyor's testament, stamp and signature;
(u) 
Certification by a state of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set;
(v) 
Location of existing critical areas/conditions (i.e., wetlands, steep slopes, etc.) and their associated buffers on or adjacent to the site that could hinder development;
(w) 
Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal; and
(x) 
Signature and date line(s) for both the planning director and public works department director/town engineer.
(2) 
A title company certification/plat certificate which is not more than 30 calendar days old containing:
(a) 
A legal description of the total parcel(s) sought to be adjusted;
(b) 
A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s);
(c) 
Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor's file number and/or recording number;
(d) 
Any encumbrances on the property; and
(e) 
Any delinquent taxes or assessments on the property.
(3) 
Conveyance document(s)/deed(s), prepared by a title company, registered surveyor and/or licensed attorney, that include language clearly binding the conveyance area to the remainder portion of the property.
(4) 
Prior to approval, a proposed boundary line adjustment shall be reviewed by both the public works director and the planning director.
(5) 
The planning director shall approve a proposed boundary line adjustment only upon finding that the standards of this chapter have been satisfied.
(6) 
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.
(7) 
Application fee paid for a boundary line adjustment per the fee schedule.
(Ord. 882, 2024)
(1) 
The planning director is authorized and granted the discretion to require, as a condition of approval, that the boundary line adjustment record of survey include other relevant parcel boundaries and site features.
(2) 
Approval of the boundary line adjustment is not final until all of the following requirements are met:
(a) 
There is compliance with the requirements of this chapter.
(b) 
The surveyor preparing the record of survey finds or sets monuments at all corners and angle points of the adjusted lots. At the discretion of the city, witness corners and reference monuments may be used when impracticable to monument the actual corners.
(c) 
Each adjusted lot must have a unique identifier on the record of survey that has not been previously used or associated, in any way, with the adjusted parcels.
(d) 
The county treasurer has certified that all taxes on the land have been fully paid and discharged consistent with applicable requirements.
(e) 
The record of survey is prepared by a Washington State licensed land surveyor in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW.
(f) 
A final record of survey has been approved by the planning director and filed for record by the applicant with the Skagit County auditor's office.
(Ord. 882, 2024)
Following the planning director's signature of the recording document, the boundary line adjustment final recording and conveyance documents shall be filed for record concurrently with the Skagit County auditor in compliance with both Washington State and Skagit County laws and regulations within 30 days of town approval. Failure to record the final recording and conveyance documents within 30 days will cause the boundary line adjustment approval to be null and void, unless an extension is granted by the planning director.
(Ord. 882, 2024)
The landowner owner/applicant shall, without cost to the town of Concrete, furnish the town with one electronic PDF copy, or other electronic format approved by the town, of the final recording document as filed prior to the town issuing any further land use or building permits for any lot within the boundary line adjustment boundaries.
(Ord. 882, 2024)