A. Filing Provisions:
1. A reversion to acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Government Code chapter 6, article 1.
2. An application for reversion submitted by a property owner(s) shall include all information required by the director, and shall include the fee required by the planning fee schedule.
3. A parcel map may be filed to revert to acreage land previously subdivided that consists of four (4) or less contiguous parcels, in compliance with Government Code section 66499.20.2.
4. A tract map may be filed to revert to acreage land previously subdivided that consists of five (5) or more contiguous parcels, in compliance with Government Code section 66499.20.2.
B. Review Authority: The council shall be the review authority for reviewing and either approving or denying reversions to acreage.
C. Procedures:
1. Public Hearing Required:
a. The commission shall hold a public hearing on all petitions for, and council initiations of, reversions to acreage.
b. The notice of the hearing shall be provided and the hearing shall be conducted in compliance with chapter 9.85, "Public Notices And Hearings", of this title.
c. The commission shall render its decision in the form of a written recommendation to the council.
d. The recommendation shall include the reasons for the recommendation and shall be transmitted to the council.
e. Upon receipt of the recommendation of the commission, the council shall hold a public hearing.
f. The notice of the hearing shall be provided and the hearing shall be conducted in compliance with chapter 9.85, "Public Notices And Hearings", of this title.
g. The council may approve a reversion to acreage only if it first makes all of the findings required by subsection D, "Required Findings", of this section.
D. Required Findings: The review authority shall approve a reversion to acreage only after first making all of the following findings, as required by Government Code section 66499.16:
1. Dedications or offers of dedication to be abandoned or vacated 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;
b. None of the improvements required to be made have been made within two (2) 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 the later; or
c. No parcels shown on the final or parcel map have been sold within five (5) years from the date the map was filed for record.
E. Recordation Procedures:
1. After the hearings before the commission and the council and approval of the reversion to acreage, the final or parcel map, as applicable, shall be delivered to the town engineer.
2. The reversion to acreage shall be effective upon the final or parcel map being filed for recordation by the county recorder.
3. 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.
F. Effect Of Reversion: The filing of a final or parcel map, as applicable, to complete a reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Government Code section 66499.20.2.
G. Conditions For Reversion To Acreage By Final Map: The council may require as conditions for the reversion of acreage the following:
1. The owners dedicate or offer to dedicate streets or easements.
2. The retention of all or portion of previously paid subdivision fees, deposits, or improvement security, if the same are necessary to accomplish any of the provision of this article 6.
3. The retention of drainage easements for drainage and flood control.
H. Conditions For Reversion To Acreage By Parcel Map: After approval of the petition, a parcel map shall be prepared in accordance with this article 6 provided, however, that said parcel map may be compiled from recorded data if all the following conditions exist:
1. New division lines are not created.
2. The complete parcel boundary has been monumented and shown on a recorded subdivision map or parcel map.
3. When at least one of these boundary lines can be established from an existing monumented line.
I. Return Of Deposits And Release Of Securities: Except as provided in this article 6, upon filing of the final map for reversion to acreage with the county recorder, deposits shall be returned to the subdivider and all improvement securities shall be released by the council. (Ord. 242, 9-3-2013)