(A) (1) Streets, alleys, rights-of-way, easements, reserve strips or other public use ways or facilities may be abandoned by the Town Council pursuant to the provisions of this section.
(2) If none of the improvements have been made in accordance with the assurance for completion of improvements, the Town Council may on its own motion hold a public hearing after notice and conditions outlined herein, to determine whether the approval of the final plat should be revoked. The revocation shall be effective upon recordation of a certified copy of the resolutions.
(B) In order to initiate an abandonment proceeding for all or a portion of a recorded subdivision or a public road, an application for abandonment must be filed with the Planning and Zoning Director. If the abandonment is proposed by a private citizen, a preliminary title report shall be submitted by the property owner(s) for the property proposed to be abandoned or reverted to acreage. The application fee shall be paid by the applicant at the time of filing.
(C) (1) Upon receipt of the application, the Planning and Zoning Director shall conduct an investigation and shall distribute the request to reviewing agencies for comment including but not limited to the Town Public Works Department, Town Engineer, County Assessor, local fire district, emergency service agencies and municipalities within 3 miles of the subdivision, County Treasurer and/or other agencies as deemed appropriate by the Director. Reviewing agencies shall have 25 working days, from the date the abandonment application was received by the Planning and Zoning Department, to complete their comments pertaining to the proposed abandonment. No reply by an agency within the time limit specified shall be deemed as having received no objections from that agency to approval of the abandonment. Upon receipt of the reviewing agency comment(s), if any, the Director shall prepare a report for presentation to the Town Council at a duly noticed public hearing.
(2) The application may necessitate consideration for re-zoning if the Council deems it necessary or desirable.
(D) Within 60 days of receipt of an abandonment application, the Council shall conduct a duly noticed public hearing. Upon completion of the hearing, the Council shall approve, approve in modified form, or deny the application as well as indicate whether or not zoning changes should accompany any action for abandonment. Any action to recommend approval of abandonment shall be based upon the following findings:
(1) That the abandonment is in the interests of the general welfare of the town and is in correlation with the General Plan;
(2) That the abandonment would not prohibit or unduly inhibit access by the public-at-large, nearby property owners and public utilities with proposed development in adjacent areas; and
(3) That the abandonment would not eliminate public access ways which may be presently in use or desirable for future use.
(E) Upon Town Council approval of an abandonment application, the applicant shall prepare the proper abandonment documents and plat, including any required deeds of conveyance, and submit them, along with the recording fee, to the Planning and Zoning Director for review, approval and recording. The abandonment shall be effective when recorded by the town along with the abandonment resolution of the Town Council in compliance with Arizona Revised Statutes.
(F) Whenever an abandonment action is approved for publicly owned rights-of-way, the rights-of-way shall vest in the abutting property to the center line of the right-of-way. Zoning for abandoned rights-of-way shall be the same as the properties to which they are conveyed. Rights-of-way or easements for existing sewer, gas, water, irrigation or similar pipelines and appurtenances, and for canals, laterals or ditches and appurtenances, and for electric, telephone, cable television and similar cables and lines and appurtenances, shall continue as they existed prior to the abandonment. The applicant shall provide easement plats and descriptions as required for any utility facility remaining in place and for recording the easement documents with the Mohave County Recorder.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)