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(A) The owners of land in a subdivision plat desiring to vacate all or part of that plat shall apply for approval of a vacation of the plat or part of the plat at the office of the county Plan Commission. An instrument recorded under this section terminates the effect of the plat or part of the plat declared to be vacated and terminates all public right in public ways and public grounds described in the plat as part of the plat.
(B) At the time of application, ten working days prior to the Plat Committee meeting, three copies of the petition, including the names and addresses of adjacent property owners and other interested parties, shall be filed to the Plan Commission requesting the vacation of the plat or part of the plat, accompanied by a check or money order in the amount to be determined by the Commission.
(C) The petition for vacation of the plat or part of the plat may be rejected by the Plat Committee if it can be shown that one or more of the following apply:
(1) The vacation of the plat or part of the plat abridges or destroys public rights in any of the public uses, improvements, utility easements, streets, or alleys, unless provisions are stated within the petition regarding the aforementioned public uses; or
(2) The vacation of the plat or part of the plat would adversely affect the general policy and pattern of the development as set out in the Master Plan.
(`88 Code, § 8-98) (Ord. 98-20, passed 11-10-98)