Chapter 16.12 — REVERSION TO ACREAGE

Subdivided property may be reverted to acreage pursuant to provisions of this title and the state Subdivision Map Act. This chapter shall apply to final and parcel maps. (G.C. 66499.11) (Ord. 203 §2(part), 1990)

16.12.020 - Initiation of proceedings.

A.

By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the town engineer. The petition shall contain the applicable information required by Section 16.07.020 and any other information as required by the town engineer. (G.C. 66499.12 and 66499.13)

B.

By Town Council. The town council, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The town council shall direct the town engineer to obtain the necessary information to initiate and conduct the proceedings. The petition shall contain but not be limited to the following:

1.

Evidence of title to the real property; and,

2.

Evidence of the consent of all the owners having an interest in the property; or,

3.

Evidence that 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,

4.

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

5.

A tentative map in the form prescribed by Section 16.07.020 or Section 16.08.010 of this title as is applicable;

6.

A final or parcel map in the form prescribed by Section 16.07.080 or Section 16.08.110 of this title as is applicable which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "The purpose of this Map is a Reversion to Acreage."

7.

A deposit as required by the town engineer toward processing and plan checking costs in accordance with the town's fee schedule. (Ord. 203 §2(part), 1990)

The final or parcel map for the reversion together with all other data as required by this title shall be submitted to the town engineer for his review. Upon finding that the petition meets with all the requirements of this title and the Subdivision Map Act, the town engineer shall submit the final or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the town council for its consideration. (Ord. 203 §2(part), 1990)

A public hearing shall be held by the town council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 16.08.040. The town engineer may give such other notice that it deems necessary or advisable. (G.C. 66499.15, 66499.16 and 66499.17)

A.

Findings. The town council may approve a reversion to acreage only if it finds and records by resolution that:

1.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and,

2.

Either:

a.

All owners of an interest in the real property within the subdivision have consented to the 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.

B.

Conditions. The town council shall require as conditions of the reversion:

1.

Dedications or offers of dedication necessary to comply with the purpose, scope and policy of this title;

2.

Retention of all previously paid fees if necessary to accomplish the purpose, scope and policy of this title;

3.

Retention of any portion of required improvement security or deposits if necessary to accomplish the purpose, scope and policy of this title. (Ord. 203 §2(part), 1990)

Upon approval of the reversion to acreage, the town clerk shall transmit the final or parcel map, together with the town council resolution approving the reversion to the county recorder for recordation. Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force or effect. (G.C. 66448, 66458(b), 66464 and 66499.18) (Ord. 203 §2(part), 1990)