(A) Purpose. The purpose of this section is to establish local procedures for the vacation of public ways (streets and alleys), places and platted easements. This section is in accordance with I.C. 36-7-3.
(B) General. In general, the vacation of public ways, places or easements is a five step process: a petition and application is submitted to the Plan Commission office; the Board of Public Works and Safety (BOW) shall consider the application; the City Council’s Traffic Parking and Safety (TPS) Committee shall hold a public hearing on the application; the City Council shall consider a vacation ordinance; and the vacation ordinance is recorded with the County Recorder’s office and submitted to the County Auditor’s office.
(C) Application Process. The vacation process is as follows:
(1) A vacation shall be applied for in writing on a form provided by the Plan Commission office and shall be accompanied by the following:
(a) All fees in accordance with subsection (F);
(b) A statement concerning the circumstances of the request;
(c) The name and addresses of all owners of land that abuts the property proposed to be vacated;
(d) A legal description of the property proposed to be vacated; and
(e) A site sketch, not necessarily drawn to scale and on plain paper no smaller than 8½ x 11 inches showing:
1. The property proposed to be vacated (with dimensions);
2. All abutting land owner’s names and addresses;
3. All physical features in and near the property proposed to be vacated; and
4. Any other data the zoning administrator may require.
(2) The zoning administrator shall take the application to the next scheduled BOW meeting for consideration of the city’s departments and a recommendation of the BOW. The zoning administrator shall notify the applicant of the scheduled BOW meeting date.
(3) The zoning administrator shall notify the chair of the TPS Committee who shall set a time and date for the public hearing. The zoning administrator shall prepare a vacation ordinance and distribute it to the council members. The zoning administrator shall give notice of the public hearing in the manner prescribed in I.C .5-3-1 and by certified mail to each owner of land that abuts the property proposed to be vacated. The TPS Committee shall hear and consider the vacation application and ordinance in accordance with their rules.
(4) The Council shall hear and consider the proposed vacation ordinance in accordance with their rules.
(5) If approved, the zoning administrator shall record the vacation ordinance with the County Recorders office and file a copy with the County Auditor’s office.
(D) Criteria. In making its decisions, the BOW, the TPS Committee and the Council shall consider the following:
(1) Whether the vacation would substantially affect the public health, safety, welfare or morals of the city or neighborhood;
(2) Whether the vacation would hinder the growth or orderly development of the city or neighborhood;
(3) Whether the vacation would make access to the lands abutting the property proposed to be vacated difficult or inconvenient;
(4) Whether the vacation would hinder the public’s access to a church, school or other public building or place; and
(5) Whether the vacation would hinder the use of a public way by the neighborhood.
(E) Conditions. The Council may place reasonable conditions, including but not limited to maintaining any and all current easements, in any vacation ordinance.
(F) Fees. Reasonable fees sufficient to cover the costs of administration, publication of notice, recording and similar matters shall be charged to applications filed pursuant to the provision of this section.
(1) The following filing fees shall be charged:
(a) Vacation application - $25.00
(b) Recording fee - $10.00
(c) Public notice fees including costs for postage and publication of a public hearing legal notice.
(2) No part of any fee paid pursuant to this section shall be returnable to the applicant or transferable to another application except:
(a) In case the BOW denies the requested application, the applicant may withdraw the application and shall be entitled to a refund of all fees paid; or
(b) In case either the TPS Committee or the Council denies the requested application, the applicant shall be refunded only the recording fee.
(3) No application shall be considered unless the required fee is paid in full.
(Ord. 24-1987, passed 6-8-87; Am. Ord. 10-1999, passed 6-14-99)