§ 1400-945. VOLUNTARY MERGER OF PARCELS

(a)

Application Requirements. Any property owner(s) may file an application for the merger of two or more contiguous parcels with the Development Services Department. The application shall be on a form prepared by the Department and shall be accompanied by the following:

(1)

A fee as required by resolution of the Board of Supervisors;

(2)

A Certificate of Merger signed and notarized by all parties having a record title interest in the subject property consenting to the merger;

(3)

A legible map drawn in ink or a "blue-line" print or, upon prior approval of the Development Services Department, an Assessor's Parcel map showing the parcels to be merged. The map shall show the subject property as it currently exists and as it would exist after the merger. If required by the Development Services Department the map shall show its scale, the gross and net area of the merged parcels, access to the property and nearby or adjacent streets, or roads name and right-of-way location, the location and use of all improvements and structures on the property, the distance from the improvements and structures to the proposed parcel boundaries, the distance between structures, and all existing utilities and easements;

(4)

A clear copy of the current descriptions of the subject properties;

(5)

A copy of the most recent recorded deed of the property showing the current ownership of the subject property;

(6)

A description of the proposed merged parcel as it would exist after the merger. The description shall be prepared, signed and sealed by a licensed land surveyor or other person licensed to prepare said descriptions unless the descriptions are from previously recorded documents;

(7)

A title report prepared within the last six months if required by the Development Services Department; and

(8)

Such additional information and/or documents as may be determined to be necessary by the Development Services Department in order to determine ownership of the subject property.

(b)

Criteria for Review. The review of the application for merger shall be limited to a determination of whether or not the parcels proposed to be merged are contiguous, the accuracy of the proposed description, and, if the subject property contains two or moreresidential structures except for temporary residences approved by use permit pursuant to the Sutter County Zoning Code, the density of the merged parcel is consistent with the density requirements of the Sutter County General Plan.

(c)

Review and Approval. Upon receipt of a complete application, the Development Services Department shall review the application for conformance with this section. The Development Services Department may refer the adjustment to the Public Works Director his or her authorized representative for review of the merged parcel's description.

Upon completion of review of the merger application and determination that the merger conforms to this section, the Development Services Department Director or his or her authorized representative shall approve, approve with conditions, or deny the merger and shall notify the applicant and property owner.

(d)

Recordation of Certificate of Merger. Upon approval of the merger application by the Development Services Department Director or his authorized representative, the Development Services Department shall record a Certificate of Merger reflecting the merger of the properties.

The Certificate of Merger shall include the owners consent to the merger along with the following statements:

(1)

Approval of the merger does not guarantee that the resulting parcel is developable or is considered a "lot" as defined by the Sutter County Zoning Code.

(2)

The individual parcels that have been merged are not separately available for sale, lease, or financing purposes.

(3)

The merger has not been reviewed by the Environmental Health Division of the Sutter County Development Services Department, and, therefore, approval and recordation of the merger does not guarantee that the merged parcel complies with the requirements of the Sutter County Ordinance Code for the placement of a sewage disposal system thereon.

(e)

Modification of Encumbrances. Prior to or concurrently with the recordation of the Certificate of Merger, all encumbrances, including deeds of trust, shall be modified to apply uniformly to each entire resulting merged parcel, rather than to the portions of each resulting parcel corresponding to the separate parcels prior to the merger.

(f)

Development of Parcel. Prior to the development of any parcel merged under this section, the property owner shall provide access as required by the Sutter County Zoning Code, demonstrate that a sewage system meeting the requirements of the Sutter County Ordinance Code can be located on the property, and comply with all other requirements of the Sutter County Ordinance Code for the development of property.

([1583] Ord. 1584, Secs. 3, 4, May 28, 2013; Ord. 1585, Sec. 2, May 28, 2013)