(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOUNDARY LINE ADJUSTMENT. Either a lot merger or minor changes in the boundary lines of two or more adjacent platted lots of record (or parcels) where such adjustment does not create additional lots.
LOT MERGER. The merging of two or more contiguous lots into one lot for the purpose of building on that lot.
(B) Boundary line adjustment review process.
(1) Purpose. The purpose of this section is to permit a lot merger or minor changes in the boundary lines of adjacent lots or parcels without requiring the processing of an entire subdivision plat application.
(2) Approval required. Before any boundary line adjustment shall be legally effective for any purpose, whether immediate or future, including, but not limited to, any sale, transfer of ownership or building development of the affected or resulting lots or parcels, the procedures prescribed by this section shall be followed.
(3) Application. The boundary line adjustment review process is commenced by filing with the town an application including the following information:
(a) The application and review fee as established from time to time by resolution of the Board of Trustees;
(b) Written consent to the proposed boundary line adjustment signed by the owners of all of the properties affected or by their duly authorized agents;
(c) A vicinity map showing the general locations of the affected properties;
(d) An 11 inch by 17 inch or larger scaled site plan drawing showing the existing and proposed boundary lines, dimensions and bearings of the properties to be affected by the adjustment; the locations, dimensions and setbacks for all existing and proposed improvements, structures, easements and utilities; and the current zoning of the properties;
(e) The legal descriptions of the properties affected by the adjustment, describing such properties before and after the proposed adjustment, and a legal description of the area subject to the adjustment;
(f) The proposed deeds or other instruments of conveyance to be used to effectuate the adjustment, together with legal descriptions;
(g) A current title report in the form of a title commitment indicating the current ownership and the encumbrances, if any, on the affected properties. The report shall have been issued within three months prior to submission of the application, and updated commitments shall be provided upon request;
(h) A certificate of taxes due or other evidence demonstrating that there are no overdue taxes on the affected property;
(I) Certified mail return receipts and copies of the letters from the owners to the holders of any mortgages or deeds of trust upon the properties evidencing the fact that the owners have sent a copy of the application to such holders and notified the holders of the requested boundary line adjustment; and
(j) Such other data and information town staff reasonably determine necessary to conduct a review of the application. The applicant shall promptly comply with any requests to provide additional or supplemental information. The deadline for action on an adjustment application shall be automatically extended to reflect the submittal date of any additional or supplemental information.
(4) Staff review. Upon receipt of a complete boundary line adjustment application, the Zoning Administrator shall review the request to determine whether it complies with the requirements of this section and this chapter. The application may be referred to other town departments and to other appropriate agencies and persons, and referral comments and consultation regarding the application may be received from such departments, agencies and persons. The applicant shall be provided with copies of any written referral comments.
(5) Approval or denial of application. Within 30 days of a complete boundary line adjustment application, the Zoning Administrator shall determine whether the proposed boundary line adjustment complies with the requirements of this section and this chapter and shall approve, approve with conditions or deny the application. Notice of the approval or denial shall be in writing and shall be provided to the applicant. If the boundary line adjustment is approved, the applications shall be finalized and the appropriate documents shall be recorded.
(6) Right to appeal. Within 15 days after the date of the Zoning Administrator’s denial of an application for a boundary line adjustment, the applicant may appeal the decision to the Board of Trustees with the Town Clerk. The notice shall state the basis for the appeal. Upon receipt of such notice of appeal, the requested boundary line adjustment shall be scheduled for de novo review before the Board of Trustees, pursuant to the public hearing notice procedures in § 153.109. Upon the completion of such public hearing process, the Board of Trustees may approve, deny or approve with conditions the requested boundary line adjustment, and the Board of Trustees decision shall be final.
(7) Conditions of approval. Conditions of approval may be imposed on any boundary line adjustment as may be necessary to conform the application to the requirements of this section or this chapter.
(8) Boundary line adjustment review standards. The decision to approve or deny a proposed boundary line adjustment shall be based upon whether the applicant has demonstrated that the proposed adjustment meets all of the following standards:
(a) The adjustment involves adjacent lots or parcels;
(b) No new lot or parcel is created;
(c) The resulting lots or parcels comply with the applicable subdivision standards and zoning standards unless the applicant has first obtained approval for a zoning variance, pursuant to § 153.043(L);
(d) The lots or parcels, as approved, will not conflict with existing structures or utilities on the surrounding property;
(e) The lot or parcels, as approved, will not be deprived of access or have nonconforming access as a result of the adjustment;
(f) The adjustment does not create, or mitigates to the extent possible, negative impacts on the surrounding property;
(g) If applicable, the adjustment does not materially impair the purposes, intent or development contemplated under the planned unit development plan affecting that property;
(h) The resulting lots or parcels allow the efficient use of property;
(I) The adjustment involves only lots or parcels with identical zoning;
(j) All owners and record title interest holders have consented to the adjustment;
(k) The properties subject to the proposed adjustment are not owned by persons who, within the preceding six months, have submitted one or more boundary line adjustments for properties adjacent to within the same black as the properties subject to the application;
(l) The adjustment does not dedicate rights-of-way or easements; and
(m) The adjustment is not being used to adjust building envelopes or building site dimensions where no adjustment of legal boundaries is purposed.
(9) Finalization and recording of boundary line adjustment.
(a) 1. The approval of a boundary line adjustment shall be evidenced by the issuance of a certificate of approval that has been executed by the Zoning Administrator and Town Clerk on behalf of the town.
2. The certificate shall be void and of no further force and effect unless it is ready to be recorded as hereinafter provided within 180 days of the date of the decision on the boundary line adjustment.
(b) 1. Prior to the recordation of the certificate of approval the final site plan drawing, all final deeds exchanging property between the affected parcels, and all final instruments necessary to release or amend deeds of trust or similar encumbrances on the properties shall be submitted to the town for final review.
2. a. The applicant shall be responsible for addressing any corrections requested by the town. Upon town approval, the fully executed originals of such documents shall be recorded in the office of the appropriate County Clerk and Recorder by the town, the applicant or an escrow agent (if an escrow has been opened by the applicant), as the town may direct.
b. Immediately following the recordation of such items, the original, fully executed town certificate of approval shall be recorded. No boundary adjustment shall be effective unless and until such certificate has been recorded.
(c) The applicant shall pay all recording costs associated with the boundary line adjustment.
(d) In the event the deeds, final site plan or other documents required for finalization of the approved boundary line adjustment are not submitted to the town within 180 days following the effective date of the approval, such approval shall be void and of no further force and effect and no town certificate of approval shall be recorded.
(10) Deed restriction in lieu of lot merger.
(a) In the event the owner of property, consisting of not more than three adjacent lots and contained an existing single-family residential structure, wishes to obtain a building permit for either an accessory structure to be located on the property or an addition to the existing structure without completing a lot merger, the owner may request that in lieu of a lot merger the town issue the building permit after receiving from the owner a deed restriction in a form approved by the Town Attorney.
(b) The deed restriction shall restrict the owner’s ability to convey the property without first subdividing it or completing a lot merger.
(c) The deed restriction shall be released by the town upon completion of a subdivision or a lot merger combining all lots, or upon the determination of the Zoning Administrator that the purpose for such the deed restriction was given is no longer served. The Zoning Administrator shall have the authority to execute any such deed restriction and any release of a deed restriction on behalf of the town.
(Ord. 2-98, passed 4-22-1998; Ord. 20-2016, passed 10-26-2016; Ord. 05-2022, passed 3-23-2022) Penalty, see § 153.999