(A) The replat procedures shall apply when an alteration, redesign, or resubdivision is proposed for an existing legally recorded subdivision or part thereof. The replat may be processed in one or two steps depending upon whether or not it is necessary to vacate or alter any streets, easements, lots, or other public facilities. In the instance where no public facilities, easements, lot records, or other improvements are involved and where the plan change corresponds with the provisions of the County Comprehensive Plan, the further subdivision or other alteration of lots in existing subdivision shall follow the same procedures as described under a minor subdivision; in all other instances involving subdivision classified as replats, the original plat must be vacated according to the following division (B).
(B) (1) Vacation of existing plat. Any person, firm, or agent thereof wishing to have vacated existing lot lines, public streets, highways, or alleys or any easement other than easements granted between individual property owners shall file a written instrument and plat with the Committee showing what easements and rights-of-way are to be vacated. The Plan Commission, the County Engineer, and the affected utility companies shall review the instrument and replat. A jurisdictional control review of any street, road, or highway right-of-way to be vacated shall be performed by the County Engineer. Should the results of this review indicate the right-of-way is not under the control of the county, the author of the instrument shall seek approval from the entity controlling the right-of-way. The Committee after receiving the comments of these agencies shall make their recommendations on the plat to the County Board. If the County Board concurs with the vacation, the County Clerk shall submit the resolution to the County Board, the instrument and plat to the County Recorder of Deeds, who then shall officially record and cancel the entire plat of record or specific portions thereof.
(2) Review of plat. After a vacation of a previous plat has been approved by the County Board and recorded in the office of the County Recorder of Deeds, the subdivider may then submit his or her petition for the replat of the subdivision involved. The subdivision shall be classified by the Committee as either major, minor, or planned unit development (PUD) and shall then proceed in accordance with the regulations established for the classification given to the subdivision.
(Ord. O-63-9-06, passed 9-14-2006; Ord. O-72-5-08, passed 5-8-2008)