(A) The owner or owners of lots in any approved subdivision, including the developer, may petition the city to vacate the plat or portions of the plat with respect to their properties.
(1) Meeting with zoning administrator. Before preparing the application for the vacation of a subdivision or portion thereof, the applicant may meet with the zoning administrator to discuss the procedure for approval of a subdivision and the requirements in this chapter and other applicable regulations.
(2) Submittal. The application shall:
(a) Be made on forms available from the zoning administrator;
(b) Include all contiguous holdings of the owner including land in common ownership as defined in these regulations;
(c) Be accompanied by minimum of ten copies of the certified land survey as described in § 153.026 and complying in all respects with these regulations; and
(d) Be accompanied by a fee as established in the city’s fee schedule.
(3) Referral of vacation application. The zoning administrator shall transmit the application for review to members of the development review team and appropriate officials or agencies. The zoning administrator shall request that all officials and agencies to whom a request for review has been made, submit their report to the city within 15 calendar days after receipt of the request. If no report is received within 15 days, it will be assumed by the zoning administrator that there are no objections in the survey as submitted.
(4) Public notice and hearing. The notice and hearing requirements established for a preliminary plat in division (A)(2) above shall be followed for all applications for vacations.
(5) Criteria. The City Council may approve all or a portion of the petition to vacate. When considering whether to grant or deny a petition for the vacation of a subdivision plat or portion thereof including a public street, alley, or public easement, the City Council shall consider the following:
(a) The proposed vacation is not in conflict with the city’s comprehensive plan;
(b) The proposed vacation does not continue to serve any public interest; and
(c) The terms and conditions of the vacation are reasonable to protect public health, safety, and welfare.
(6) Recordation of revised plat. Upon approval of any petition for vacation, the City Council may direct the petitioners to prepare a revised final plat in accordance with these regulations. The revised final plat may be recorded only after having been signed by the chairperson of the Planning Commission and the city attorney.
(B) The city may initiate a vacation process to vacate a plat or portions of the plat.
(1) General conditions. The Planning Commission, on its motion, may initiate a process to vacate a plat of an approved subdivision when:
(a) No lots within the approved subdivision have been sold within five years from the date that the plat was signed by the chairperson of the Planning Commission;
(b) The developer has breached a developer’s agreement and the municipality is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;
(c) The plat has been of record for more than five years and the Planning Commission determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer or its successor; and
(d) A portion of a subdivision or public right-of-way or easement is determined to be no longer necessary to serve the public.
(2) Procedure. Upon any motion of the Planning Commission to initiate the vacation of a plat or portion thereof, shall follow the procedures established in this section.
(Ord. passed 1-23-2001)