§ 156.085 CAUSE.

   All of or any part of a final plat filed with the Union County Clerk may be vacated if:

   (A)   The owners of record of the land proposed to be vacated sign an acknowledged statement declaring their wish that the final plat or portion of a final plat be vacated; or

   (B)   The Town Board of Trustees finds that the final plat approval was obtained by misrepresentation or fraud and orders a statement of vacation to be prepared.

(Ord. 719, passed 11-9-2022)

§ 156.086 PROCESSES OF VACATION.

   Vacations of final plat that result in the decrease in the number of lots by not more than 1 lot may be processed using the minor plat process.

(Ord. 719, passed 11-9-2022)

§ 156.087 STATEMENT OF VACATION.

   (A)   The vacation of all or a portion of a final plat by the owners of land within a subdivision may be initiated by submittal to the Town Manager of the statement of vacation bearing the acknowledged signatures of all owners of record of property within the subdivided land to be vacated.

   (B)   The vacation of all or a portion of a final plat by the owners of land within a subdivision may also be initiated by a vote of a majority of the Town Board of Trustees.

   (C)   Statements of vacation shall be accompanied by a list of the names of all owners of record of property within and contiguous to the subdivided land to be vacated, and shall also be accompanied by acknowledged statements by the authorized representatives of all utility companies that have easements within the area proposed for vacation, which statements shall demonstrate the utilities' agreement to, or opposition to, such vacation insofar as it affects their rights to use dedicated easements in the subdivision.

(Ord. 719, passed 11-9-2022)

§ 156.088 SCHEDULING AND NOTIFICATION.

   Within 60 days of receiving a statement of vacation and the appropriate review fee, the Board of Trustees shall approve or deny the vacation, subject to the following:

   (A)   Action shall be taken in a public meeting.

   (B)   At least 15 days prior to the meeting, the town shall transmit notice of public hearing by first class mail to all owners of private property contiguous to or within 300 feet of the land to be vacated, and to all utilities with easements within or adjacent to the land proposed for vacation.

(Ord. 719, passed 11-9-2022)

§ 156.089 ACTION.

   In approving, conditionally approving, or denying a vacation, the Board of Trustees shall determine if the vacation is in the best interests of the public well-being and whether any person is adversely affected by the vacation.

(Ord. 719, passed 11-9-2022)

§ 156.090 RIGHT TO RETAIN ROADWAYS AND UTILITY EASEMENTS.

   The Board of Trustees may require that dedicated roads within the area proposed for vacation remain dedicated and may require that the rights of any utility existing before the vacation not be affected by the vacation.

(Ord. 719, passed 11-9-2022)

§ 156.091 FILING.

   The Board of Trustee's decision shall be filed in the records of the County Clerk by the subdivider who shall also pay all required fees. When a vacation is approved, the County Clerk shall mark the final plat with the words "vacated" and shall refer on the final plat to the volume and page on which the statement of vacation is recorded. When a final plat is partially vacated, both the Board of Trustee's decision and the plat showing the partial vacation shall be filed in the records of the County Clerk. The County Clerk shall mark the final plat with the words "partially vacated" and shall refer on the final plat to both the volume and page on which the statement of vacation is filed, and the volume and page of the plat showing the area vacated. A legal description of the area vacated shall also be filed with the final plat.

(Ord. 719, passed 11-9-2022)