ORD 94-09 BOUNDARY LINE ADJUSTMENTSORDINANCE NO. 94- 0 9
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to boundary line adjustments; adding a new Chapter 17.20
to the Bainbridge Island Municipal Code; and amending Sections
17.04.050, 17.12.050, and 17.16.050 of the Bainbridge Island
Municipal Code.
WHEREAS, the City Council has determined that it is in the best interests of the City
to provide a method for the summary administrative approval of boundary line adjustments
which do not create any additional lot, tract, parcel, site or division, or create any lot, tract,
parcel, site or division which contains insufficient area and dimension to meet minimum
requirements for width and area for a building site; and
WHEREAS, RCW 58.17.040(6) and BIMC 17.04.050, 17.12.050 and 17.16.050 provide
exceptions to the laws regulating the subdivision of real property for boundary line adjustments;
now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. There is added to the Bainbridge Island Municipal Code a new Chapter 17.20
entitled "Boundary Line Adjustments" to read as follows:
17.20.010 Purpose. The purpose of this chapter is to provide a method for summary
administrative approval of boundary line adjustments that satisfy public concerns of
health, safety and welfare, where a controversy exists regarding the placement of a
boundary line or where arranging or rectifying boundary lines is otherwise required.
17.20.020 Lot defined. "Lot" means a lot, tract, parcel, site or division of land.
17.20.030 BoundaU line adjustment --Application
A. A boundary line adjustment application on the form prescribed by the
department of planning and community development shall be signed by the
owners of all lots involved and submitted to the department together with
all documentation, materials and a fee as established by the city council
by resolution.
B. At the time the applicant submits the boundary line adjustment application, the
applicant shall submit to the department:
1. The legal description of each lot involved prior to the lot line adjustment;
2. The legal description of each lot involved after the lot line adjustment;
3. A scale drawing containing all the information required to be provided on
the final boundary line adjustments plan pursuant to paragraph C of this
section;
4. Copies of draft deeds conveying title to the property being transferred
pursuant to the boundary line adjustment if more than one property owner
is involved; and
5. Copies of any existing or proposed covenants or restrictions affecting the
property involved.
C. The Director may waive specific submittal requirements determined to be
unnecessary for review of an application.
D. If the department determines that the application and information submitted with
the application comply with the requirements of this code and all other laws, the
department shall request that the applicant provide a final boundary line
adjustment plan, a title report for all lots involved, and original deeds conveying
title to the property being transferred pursuant to the boundary line adjustment
if more than one property owner is involved; except that if the application only
involves the aggregation of platted lots in common ownership,these documents
shall not be required. The final boundary line adjustment plan shall be prepared
by a licensed surveyor on a mylar (stabilized drafting film) and shall include the
following information:
North point and graphic scale;
2. Existing boundary lines and proposed new boundary lines for all lots
involved;
3. Legal description of all lots involved after the boundary line adjustment;
4. All boundary lines on all lots involved shall be referenced with proper
bearings and distances;
5. Identification of all lots involved as Lot 1, Lot 2, etc;
6. Location and dimensions of all public or private rights of way and easements,
whether existing or proposed, and designation of any adjacent streets;
7. Location of access to all lots involved;
8. Location of all existing structures on all lots involved, with distance from all
boundary lines;
9. Signature blocks, with notarization language, for all property owners;
10. Signature block for approval by director of department of planning and community
development; and
11. A surveyor's certificate consistent with RCW 58.09.080 and all certificates and
other information required by Chapter 58.09 RCW.
17.20.040 Decision criteria.
A. An application for a boundary line adjustment may be approved or approved with
modifications if no additional lot is created and no lot is created which contains
insufficient area and dimensions to meet the minimum requirements for area, width and
depth for a building site in the zone in which the property is located.
B. Notwithstanding the requirements of subparagraph A, an application for a boundary line
adjustment may be approved or approved with modifications if:
1. The adjustment is requested pursuant to BIMC 18.87.050 to combine contiguous
nonconforming undeveloped lots which are in common ownership; or
2. After the adjustment, each lot involved retains its status prior to the adjustment
as a developed or undeveloped lot and as a conforming or nonconforming lot;
or
3. After the adjustment, a nonconforming lot which is permitted to be developed
under BIMC 18.87.050A becomes a conforming lot.
Section 2. Section 17.04.050 of the Bainbridge Island Municipal Code is amended to read as
follows:
17.04.050 Exclusions. This chapter shall not apply to:
1. Cemeteries and other burial plots while
purpose;
2. Divisions made by testamentary provisions,
descent;
used for that
or the laws of
3. Division of land into lots or tracts classified for industrial or commercial use when
the city, town, or county has approved a binding site plan for the use of the land
in accordance with local regulations;
4. A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers are permitted to be placed upon the land when the city,
town, or county has approved a binding site plan for the use of the land in
accordance with local regulations;
5. A division made pursuant to Chapter 17.20, for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots of 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 dimension to meet
minimum requirements for width and area for a building site; and
6. Divisions of land into lots or tracts if: (a) The improvements constructed or to
be constructed thereon will be included in one or more condominiums or owned
by an association or other legal entity in which the owners of units therein or their
owners' associations have a membership or other legal or beneficial interest; (b)
a city, town, or county has approved a binding site plan for all such land; and (c)
the binding site plan contains thereon the following statement: "All development
of the land described herein shall be in accordance with the binding site plan, as
it may be amended. Upon completion, the improvements on the land shall be
included in one or more condominiums or owned by an association or other legal
entity in which the owners of units herein or their owners' association or other
legal entity in which the owners of units herein or their owners' associations have
a membership or other legal or beneficial interest."
Section 3. Section 17.12.050 of the Bainbridge Island Municipal Code is amended to read as
follows:
This chapter shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
3. A division made pursuant to Chapter 17.20 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 dimension to
meet minimum requirements for width and area for a building site;
4. Division of land into lots or tracts classified for industrial or commercial use when
the city, town, or county has approved a binding site plan for the use of the land
in accordance with local regulations;
5. A division for the purpose of lease when no residential structure other than mobile
homes of travel trailers are permitted to be placed upon the land when the city,
town, or county has approved a binding site plan for the use of the land in
accordance with local regulations; and
6. Divisions of land into lots or tracts if: (a) The improvements constructed or to
be constructed thereon will be included in one or more condominiums or owned
by an association or other legal entity in which the owners of units therein or their
owners' associations have a membership or other legal or beneficial interest; (b)
a city, town, or county has approved a binding site plan for all such land; and (c)
the binding site plan contains thereon the following statement: "Upon completion,
the improvements on the land shall be included in one or more condominiums or
owned by an association or other legal entity in which the owners of units herein
or their owners' associations have a membership or other legal or beneficial
interest. "
Section 4. Section 17.16.050 of the Bainbridge Island Municipal Code is amended to read as
follows:
This chapter shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
3. A division made pursuant to Chapter 17.20 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 insufficient area and dimension to meet minimum
requirements for width and are for a building site;
4. Division of land into lots or tracts classified for industrial or commercial use when
the city, town, or county has approved a binding site plan for the use of the land
in accordance with local regulations;
5. A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers are permitted to be placed upon the land when the
city, town, or county has approved a binding site plan for the use of the land in
accordance with local regulations; and
6. Divisions of land into lots or tracts if. (a) The improvements constructed or to
be constructed thereon will be included in one or more condominiums or owned
by an association or other legal entity in which the owners of units therein or their
owners' associations have a membership or other legal or beneficial interest; (b)
a city, town, or
county has approved a binding site plan for all such land; and (c) the
development of the land described herein shall be in accordance with the
binding site plan, as it may be amended. Upon completion, the
improvements on the land shall be included in one or more condominiums
or owned by an association or other legal entity in which the owners of
units herein or their owners' associations have a membership or other
legal or beneficial interest."
Section 5. Effective date. This ordinance shall be effective five days from and after its
passage approval and publication as required by law.
PASSED by the City Council this 3rd day of November , 1994.
APPROVED by the Mayor this 4th day of November , 1994.
r
ayor
ATTEST/AUTHENTICATE
Z444,so
usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: March 11, 1994
PASSED BY THE CITY COUNCIL: November 3, 1994
PUBLICATION: November 9, 1994
EFFECTIVE DATE: November 14, 1994
ORDINANCE NO.: 9 4 - 0 9