(A) In a case in which all of the owners in a plat agree regarding a proposed vacation, the owners may file a written instrument to vacate all or part of that plat as prescribed in IC 36-7-3-10.
(B) In a case in which all of the owners in a plat are not necessarily in agreement regarding a proposed vacation:
(1) One or more owners of land in a plat may file a petition with the Plan Commission to vacate all or part of the plat pertaining to the land owned by the petitioner. The petitioner's application must:
(a) State the reasons for and the circumstances prompting the request;
(b) Include a survey that meets all of the requirements for a certified survey, as set forth in this chapter and as prepared by a registered Indiana Land Surveyor; and
(c) Give the names and addresses of every other owner of land in the plat;
(2) Within 30 days after receipt of a petition for a vacation of a plat, the plan commission staff shall schedule the petition to be heard by the Plan Commission at a public hearing. The Plan Commission shall follow the same public hearing procedure(s) to review proposed plat vacations as those requirements outlined in the review of primary plats. After hearing the petition, the Plan Commission shall approve or deny the plat vacation request.
(3) The Commission may approve the vacation of all or part of a plat only upon a determination that:
(a) Conditions of the platted area have changed so as to defeat the original purpose of the plat;
(b) It is in the public interest to vacate all or part of the plat; and
(c) The value of that part of land in the plat not owned by the petitioner will not be diminished by the vacation.
(4) The Plan Commission may impose reasonable conditions as part of any approval.
(5) The Commission shall furnish a copy of its decision to the County Recorder for recording.
(6) A petitioner or other interested party may appeal the Plan Commission's approval or disapproval of a plat vacation in the manner prescribed by IC 36-7-4-1016.
(Ord. 2019-008, passed 5-13-19)