30.41E.015 Boundary line adjustment prohibitions.
This section established prohibitions to prevent the creation of new building sites from the boundary line adjustment of divisions and descriptions of land recorded for other purposes.
(1) A boundary line adjustment shall not be permitted to adjust or reconfigure divisions or descriptions of parcels, easements, exceptions, and reservations into configurations eligible for use as a building site if they were solely created:
(a) For access, road, railroad, or other right-of-way, utility, or drainage course purposes;
(b) To resolve encroachment problems or describe survey gaps;
(c) To describe properties divided by non-navigable water courses;
(d) To describe deed releases for a mortgage, or other financial contract; or
(e) To describe tax title parcels.
(2) Lots that touch corner points shall not be adjusted by the boundary line adjustment process.
(3) The "solely created" determination of SCC 30.41E.015(1) shall be made strictly upon the basis of the language in the instrument creating the parcel, easement, exception, or reservation. PDS may consider documentation of insurance from a title company as well. The burden of proof shall rest upon the party asserting the "solely created" prohibition. (Added by Amended Ord. 11-058, Jan. 25, 2012, Eff date Feb. 16, 2012).