The intent of this policy is to provide the
Board of Assessors or the Planning Board with a general rule for the
voluntary merger of contiguous parcels and to assure all parcels are
being assessed at their just value.
Any owner of two or more contiguous preexisting
approved or subdivided lots or parcels who wishes to merge them for
planning purposes may do so by applying in writing to the Planning
Board. Except where such merger would create a violation of then-current
ordinances or regulations, all such applications shall be approved,
and no public hearing or notice shall be required. The application
must be signed by all owners of the property, including mortgagees.
The application must be accompanied by a new deed which shill include
the legal description for the merged lots and a Certificate of Merger
signed by all the owners (including mortgagees) stating that the owners
agree that the merged lots or parcels shall thereafter be considered
a single lot for all purposes under the Town's land use ordinances
and that the owners waive any rights to divide the merged lot, separately
convey any portion of the merged lot or separately develop any portion
of the merged lot unless such division, conveyance or development
meets all applicable requirements of the Town's land use ordinances
at the time it occurs. Upon approval of the merger application by
the Planning Board, the Planning Board shall endorse such approval
on the Certificate of Merger. The owners shall then record the Certificate
of Merger in the registry of deeds and return a copy of the recorded
certificate, endorsed with book and page number, to the Planning Board
within 30 days of approval. The merger shall not be effective until
the Certificate of Merger has been recorded. If the merged lots are
depicted on a previously recorded plan, no new plan needs to be recorded,
provided the Certificate of Merger is recorded.
Any owner of two or more contiguous preexisting
approved or subdivided lots or parcels which were previously merged
for taxation purposes but not merged by deed or other instrument recorded
in the registry of deeds shall receive written notification by the
Board of Assessors or its designee requesting voluntary merger. Such
notice shall state that if the owner wishes to keep these lots combined,
the owner must comply with the voluntary merger policy of the Town
of South Berwick as described above. If no application for a voluntary
merger is received, the preexisting approved or subdivided lots or
parcels shall be separately assessed at their individual values commencing
on the next assessment date.