Chapter 21.03
EXEMPTIONS AND BOUNDARY
LINE ADJUSTMENTS

Sections:

21.03.010    Purpose.

21.03.020    Exemptions.

21.03.030    Preapproval.

21.03.040    Certificate of exemption.

21.03.045    Required disclosures.

21.03.050    Access on state highways.

21.03.060    Boundary line adjustments.

21.03.070    Inactive applications.

21.03.080    Requirements for a fully completed application for exemptions and boundary line adjustments.

21.03.090    Original drawing.

21.03.010 Purpose.

The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of exemptions and boundary line adjustments. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 2000-056 § 1).

21.03.020 Exemptions.

The following land divisions are exempt from the provisions of this title except as noted or conditioned. All land divisions must be consistent with applicable zoning regulations.

(1) Cemeteries and burial plots while used for that purpose.

(2) Divisions of land made by testamentary provisions or the laws of descent.

(3) Divisions of land into lots, none of which are smaller than 20 acres or 1/32 of a section of land and not containing a dedication. Any further division below 20 acres or 1/32 of a section of land shall go through the appropriate long subdivision, short subdivision, or binding site plan procedure, except for exemptions under subsection (1) of this section.

(4) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

(5) Divisions made for the purpose of lease for agricultural uses; provided, that each such leased parcel is a minimum of five acres or 1/128 of a section of land. The remaining portion of the parcel shall also be a minimum of five acres or 1/128 of a section of land. This exemption authorizes leasing the parcel but shall not authorize the sale of the parcel.

(6) Divisions of land for environmental mitigation, conservation or restoration; provided, that all of the following conditions are met:

(a) All lots are a minimum of five acres or 1/128 of a section of land.

(b) Except as provided in subsection (6)(c) of this section, all lots shall be used exclusively for:

(i) Environmental mitigation required under local, state or federal law; or

(ii) Environmental conservation or restoration when a nonprofit nature conservancy corporation or association as defined by RCW 84.34.250 or public agency will own the lots.

(c) If residential, commercial, or industrial buildings already exist, then one lot containing these buildings shall be created. This one lot shall not be subject to the requirements of subsection (6)(d) of this section.

(d) A permanent covenant acceptable to the director of planning and development services shall be recorded against each lot, except as provided in subsection (6)(c) of this section. This covenant shall state the following:

(i) The lot shall be used exclusively for environmental mitigation, conservation or restoration.

(ii) The lot shall not be further divided.

(iii) New structures not necessary for environmental mitigation, conservation or restoration including residential, commercial and industrial development shall be prohibited.

(iv) After recording, if the original purposes underlying the covenant can no longer be fulfilled and changed conditions warrant, the covenant may be revised with the consent of the county council, consistent with then applicable policies and regulations.

(e) A legal description of the parcels created for environmental mitigation, conservation or restoration, prepared by a surveyor, shall be submitted to the planning and development services department for final approval and recordation.

(f) Legal ingress and egress access of record is provided to the lots created by the exemption and verified by Whatcom County engineering. All access points to public roads shall comply with county development standards to provide for a safe physical access. (Ord. 2004-031 § 1; Ord. 2003-058 Exh. A; Ord. 2003-033 Exh. A; Ord. 2001-027 § 1; Ord. 2000-056 § 1).

21.03.030 Preapproval.

Applicants may request that their proposed exempt land division be reviewed by the director and preapproved using forms supplied by the planning and development services department. A deed history obtained from the county auditor’s records or from a title company shall accompany said preapproval application. (Ord. 2000-056 § 1).

21.03.040 Certificate of exemption.

A certificate of exemption shall be obtained from the planning and development services department for exemptions under WCC 21.03.020(2), (3), and (6). A certificate of exemption shall consist of a suitably inscribed stamp on the instrument conveying land title and shall be certified prior to the recording of the instrument with the county auditor. An exempt land division does not occur and is not considered approved until said instrument has been duly stamped exempt and is filed for record concurrently with all applicable disclosures of WCC 21.03.045. (Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056 § 1).

21.03.045 Required disclosures.

The following disclosures, if applicable, shall be recorded in the county auditor’s office and shall be filed concurrently with the certificate of exemption:

•    Right to farm, right to practice forestry, mineral resource disclosures.

•    Boundary discrepancies.

•    Protective covenants, conditions and restrictions.

•    Latecomers’ agreements.

•    Significant pipeline in vicinity disclosure when the subject property is within 660 feet of a pipeline shown on Map 12, Chapter 5 of the Whatcom County Comprehensive Plan.

(Ord. 2004-031 § 1; Ord. 2002-017 § 1).

21.03.050 Access on state highways.

For parcels that will access onto a state highway, the applicant shall provide evidence of an approved access from the State Department of Transportation prior to approval of the exemption. (Ord. 2000-056 § 1).

21.03.060 Boundary line adjustments.

The purpose of this section is to provide a method for summary approval of boundary line adjustments between lots of record, as defined by WCC 20.97.220, which do not create any additional lot, tract, parcel, site or division, while insuring that such lot boundary adjustment satisfies public concerns of health, safety, and welfare.

(1) If the purpose of the adjustment is to resolve a dispute over the location of a point or line or identify the same in accordance with RCW 58.04.007 (1), then the department of planning and development services shall approve such boundary line adjustment within 30 days of the submittal of a properly prepared application if it finds that:

(a) The purpose of the division is to adjust a boundary line between platted or unplatted lots or both done to resolve a bona fide dispute over the location of a point or line in accordance with RCW 58.04.007(1) which is evidenced by affidavits submitted by the affected property owners attesting to the same;

(b) The existence of the bona fide dispute is further evidenced in the recitals in the boundary agreement executed in accordance with the requirements of RCW 58.04.007(1);

(c) If the existing boundary is readily ascertainable, the boundary line adjustment sought constitutes a nominal (i.e., minor or insignificant) movement of the existing boundary;

(d) No increase in the number of building sites will result from the adjustment, unless the land is subsequently divided in accordance with zoning and land division laws;

(e) If the division results in a lot that contains insufficient area and dimensions to meet currently existing minimum requirements for width and area for a building site, or if either parcel is already less than the required minimum and would be further reduced as a result of the proposed boundary line adjustment, then:

Absent a judicial order or decree establishing the new boundary line, the owner(s) of a lot which is reduced in size shall execute and record a covenant which shall run with the land acknowledging the fact the adjustment has reduced the size of the lot and this voluntary reduction constitutes a self-imposed hardship for the purposes of seeking any future variance should the variance sought be predicated upon the reduction resulting from the adjustment.

(f) All documents required by RCW 58.04.007(1) and any deeds, including legal descriptions prepared by a land surveyor, transferring title to property necessary to effectuate the adjustment have been properly executed and recorded.

(2) If the adjustment is the result of a judicial order or decree, the adjustment shall be approved within 30 days so long as no additional lot is created and the department of planning and development services is presented with an order or decree issued by a court of competent jurisdiction which establishes or relocates the boundary as requested by the applicant and said application is accompanied by all deeds and conveyances necessary to give effect to said order or decree.

(3) If the adjustment sought is not undertaken to resolve a dispute nor the result of a judicial order or decree, then the department of planning and development services shall give written preapproval to the applicant of a boundary line adjustment within 30 days of the submittal of a properly prepared application if it finds that:

(a) The purpose of the division is to adjust boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division;

(b) The division does not create any lot that contains insufficient area and dimensions to meet minimum requirements for width and area for a building site;

(c) No road is altered, vacated or dedicated;

(d) The proposed boundary line adjustment will not create a new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry or other safety concerns, as determined by the county engineer; and

(e) No on-site sewage disposal system, water line, or water supply is negatively impacted, unless suitable mitigation including, but not limited to the giving of utility easements, is provided to the satisfaction of Whatcom County.

(4) Upon receiving preapproval under subsections (2) or (3) of this section, the applicant(s) shall have prepared all maps, and instruments of conveyance as required below:

(a) A deed, with a legal description, conveying that property necessary to effectuate the adjustment and a map for all boundary line adjustments.

(b) After final approval and signature by the county, the boundary line adjustment including the above-described final map and instruments of conveyance shall be recorded with the county auditor.

(5) If the application is denied, a notice specifying the reasons for the denial shall be sent to the applicant within 30 days of the application. (Ord. 2000-056 § 1).

21.03.070 Inactive applications.

An applicant may place an exemption or boundary line adjustment application, which has not yet received final approval, on hold for a cumulative maximum of two years. After the two years, the county shall continue processing the application and either approve or deny the application. This two-year period shall not include time the applicant is performing studies required by the county when the study is provided within the time frame agreed to by the county and the applicant. (Ord. 2000-056 § 1).

21.03.080 Requirements for a fully completed application for exemptions and boundary line adjustments.

Requirements for a fully completed application must be provided in order to vest an application.

(1) Written Data and Fees.

•    Name, address and phone number of land owner, applicant, and contact person.

•    Intended uses.

•    Title report (only required for boundary line adjustments).

•    Assessor’s parcel number (of the parent parcel).

•    Fees as specified in the Unified Fee Schedule.

(2) Map Data.

•    Name of land owner.

•    Name of proposed land division (if an original drawing is prepared).

•    General layout of proposed land division.

•    Common language description of the general location of the land division.

•    Approximate locations of existing roads.

•    Approximate locations of existing utilities and infrastructure (only required for boundary line adjustments).

•    Vicinity map.

•    Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map).

•    Section, township, range, and municipal and county lines in the vicinity.

•    General boundaries of the site with general dimensions shown.

•    Legal description of the land.

(Ord. 2000-056 § 1).

21.03.090 Original drawing.

If an original drawing is prepared, the following items shall be submitted (these items are not required to vest an application):

•    Original drawings of acceptable sizes (18′′ x 24′′ to 24′′ x 24′′).

•    Two map copies made from original drawings (i.e., “blue-lines” or “black-lines”).

•    Date of original and significant revisions.

(Ord. 2000-056 § 1).