(A) Purpose; criteria.
(1) This section is intended to provide a process for the vacation of plats and subdivisions that are no longer viable and to ensure the vacation minimizes any adverse impacts on the applicant, surrounding property owners, and the town.
(2) The vacation of the plat shall conform to the following:
(a) The comprehensive plan and other adopted plans and policies of the town;
(b) No parcel shall be landlocked as a result of the vacation;
(c) Access to any parcel shall not be restricted to the point that access is unreasonable, economically prohibitive and/or reduces or devalues any property affected by the proposed vacation;
(d) There shall be no adverse impacts on the health, safety and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced (e.g., police/fire protection and utility services); and
(e) The provision of adequate public facilities and services to any property shall not be inhibited by the proposed vacation.
(B) Plat vacation prior to recordation. After a final plat has been approved and before it is recorded, the applicant may seek to have the final plat, or any part of the plat, nullified and vacated by executing a written instrument declaring the final plat, or any applicable part of it, to be nullified and vacated, a copy of which shall be attached to said final plat.
(1) Review process. The Planning Commission and Town Board of Trustees shall review such an instrument in the same manner as platting or subdivision.
(2) Review and approval. The applicant shall submit the final plat with the attached written instrument nullifying and vacating said final plat, or part of it, for review and recommendation by the Planning Commission and for approval by the Town Board of Trustees.
(3) Plat vacation. Upon approval of the nullification and vacation of the final plat, the applicant shall record the final plat with the attached written instrument nullifying and vacating it, or part of it, with the County Clerk. Upon such recording, the instrument will operate to destroy the force and effect of the final plat approval and to divest all public rights in the dedications laid out or described in said final plat.
(C) Plat vacation after recordation.
(1) After a final plat has been recorded, the applicant may seek to have the final plat, or any part of it, nullified and vacated by executing a written instrument declaring the final plat to be nullified and vacated and attaching that instrument to the final plat.
(2) The procedures for vacating a recorded final plat shall meet the following requirements:
(a) None of the lots in the subdivision have been sold; and
(b) If any lots have been sold, the majority of owners of the lots in the subdivision and all owners in the area to be vacated must approve the proposed nullification and vacation in writing, such written approval to be submitted to the Planning Commission.
(3) Request for nullification and vacation must be in accordance with 11 O.S. §§ 42-101 et seq., as amended.
(Ord. 382, passed 7-8-2021)