(a) The Planning Commission may approve the vacation or alteration of the boundary of any Lot or parcel of land established as part of an otherwise valid and properly recorded Final Record Plat provided the following conditions are met:
(1) Such vacation or alteration shall not result in the creation of additional buildable Lots;
(2) The Replat shall represent the same general Lot relationships as shown in the original Final Record Plat approved prior to the boundary line adjustment or involve only the relocation or alteration of Streets, Alleys, Easements for public passage, or other public areas with no direct impact to any privately-owned Lot (except Lots owned by the Applicant for vacation or alteration); and
(3) No Easements or utility Right-of-Way shall be relocated or altered without the express consent of all Persons holding interest therein.
(b) The City Engineer/Planning Director or designee may approve a Boundary Line Adjustment or Merger as defined in Section 1305.02
(a)(1)C. Such approval may be granted provided the conditions of this section is met.
(c) A boundary line adjustment, merger, or vacation shall result in Lots which conform to the requirements of this Ordinance and the Zoning Ordinance, or in the case of existing non-conforming Lots, does not increase the extent of non-conformance. The revised Final Record Plat properly delineating the boundary line adjustment or vacation shall be in a form approved by the City Engineer/Planning Director or designee and shall, in addition to the required approval signatures and seal and signature of a certified Professional Engineer or Professional Land Surveyor, contain a statement as follows:
“THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND (HERE INSERT A CORRECT DESCRIPTION OF THE LAND SUBDIVIDED) IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.”
The statement shall be signed and duly acknowledged before an officer authorized to acknowledge deeds. The Applicant shall record the revised Final Record Plat reflecting the boundary line adjustment or vacation in the Office of the Berkeley County Clerk within one hundred twenty (120) days of approval by the Planning Commission, as evidenced by stamp and signature thereon.
(d) A boundary line adjustment, merger, or vacation shall note the following information:
(1) A note stating: “This change to the Lot line(s) does not create a Setback violation or increase the non-conformity of any existing Setback violation.”
(2) The Zoning District and depicts the Setbacks.
(3) The district or municipality, county and state where the subject property is located.
(4) The date of the Final Plat.
(5) Surveyors Signature. Certification of the Surveyor of Record as to the preparation and accuracy of the Plat, along with the Surveyor of Record’s professional seal and signature.
(6) The Berkeley County tax map and parcel numbers, and deed book and page numbers of the recorded deed into the current owner(s).
(7) A note on the Plat stating “This property is not (is) in an area designated as a special Flood area, as shown on Community Map/Panel Number [NUMBER], Effective date [DATE].”
(8) A computation of the total tract area and a computation of the land area included in the Rights-Of-Way and Easements.
(9) Existing Easements and Rights-Of-Way accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page whichever applies.
(Ord. 2022-13. Passed 11-10-22.)