Montague Municipal Code Ch. 16.52 Reversion to Acreage

Sections:

• 16.52.010 Authorized when.

• 16.52.020 Initiation of proceedings by owner.

• 16.52.030 Initiation by city council.

• 16.52.040 Fees.

• 16.52.050 Procedure.

• 16.52.060 Return of fees, deposits, release of securities.

• 16.52.070 Recording final map.

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. (Ord. 90-1 (part), 1990)

Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall contain the following information, as required by the secretary of the planning commission:

• A. Evidence of title to the real property; and

• B. Evidence of the consent of all the owners of an interest in the property; or

C. Evidence that none of the improvements required to be made have been made within two years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

• D. Evidence that no lots shown on the final or parcel map have been sold within five years from the date the final or parcel map was filed for record;

• E. A tentative map in the form prescribed by Chapter 16.12 or 16.20;

F. A final map in the form prescribed by Section 16.24.040 which delineates dedications which will not be vacated and dedications required as a condition to reversion. (Ord. 90-1 (part), 1990)

The city council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. (Ord. 90-1 (part), 1990)

Petitions to revert property to acreage shall be accompanied by a fee to cover the costs of processing in an amount to be set from time to time by resolution of the city council. Petitioners shall pay the established processing fee, which is not refundable. (Ord. 90-1 (part), 1990)

A. A public hearing shall be held before the city council on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The city council may give such other additional notice as it deems necessary or advisable.

B. Prior to city council consideration of a reversion to acreage, the city council shall refer the proposed reversion to the planning commission for report and recommendation.

• C. The city council may approve a reversion to acreage only if it finds and determines the following:

  1. Dedication or offers of dedication to be vacated or abandoned by the proposed reversion are unnecessary for present or prospective public use; and

  2. One or more of the following:

     • a. All owners of an interest in the real property within the subdivision have consented to reversion, or

  • b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or

  • c. No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record;

3. The city council may require as conditions to the approval of reversions the following:

   • a. The owners dedicate or offer to dedicate streets or easements,

   • b. The retention of all or a portion of previously paid subdivision fees, if they are necessary to cover the costs required by any of the provisions of this title. (Ord. 90-1 (part), 1990)

Upon filing of the final map with the county recorder for reversion to acreage, all existing deposits shall be returned to the subdivider and all remaining improvement securities shall be released by the city council. (Ord. 90-1 (part), 1990)

After the hearing before the city council and approval of the reversion, the city clerk shall deliver the final map to the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. (Ord. 90-1 (part), 1990)