(A) Procedure. In all cases, the vacation of any plat or part thereof or any public right-of-way, easement or part thereof shall follow the procedure for the review of plats established in this chapter; except that:
(1) Final action shall be taken by the village; and
(2) The Plat Officer shall recommend to the Village Board a sum, consistent with Zoning Committee policy, to be paid by the owner of abutting properties in consideration of any public property involved in the vacation.
(B) Standards.
(1) No vacation shall be approved which creates a condition which would not be permitted under the standards of design set forth in this chapter, unless such vacation would at the same time correct a more serious condition which exists contrary to the standards of this chapter.
(2) No vacation shall be approved which will result in a conflict with the official plan or official map unless passed by two-thirds vote of the Village Board.
(3) No vacation shall be approved which will result in a violation of Ch. 155 of this chapter or other applicable village ordinance or regulations, unless such violation will at the same time correct a more serious condition which exists contrary to such ordinances or regulations.
(C) Petition form and content. The sketch and preliminary plat of vacation shall be prepared in accordance with the specifications for plats and plans where pertinent; except that, the preliminary plat of vacation shall be accompanied by a certified statement of the assessed valuation of all properties surrounding any public right-of-way to be vacated. Final petitions for vacation shall include the following items:
(1) Three copies of the original plat or the applicable part thereof certified by the Recorder to be a true copy of same, on which is shown the portion to be vacated outlined in a heavy line and hatched;
(2) The following petitions, deeds and certifications, all drafted from models obtainable from the Plat Officer:
(a) Deed of vacation;
(b) Petition - three copies;
(c) County Clerk’s certificate;
(d) Resolution; and
(e) Assessor’s certificate.
(3) The petition as it is presented to the Village Board shall be accompanied by a report from the Committee.
(D) Easements. The vacation of any plat or part thereof or right-of-way easement or part thereof shall not be deemed to be a vacation of the rights of any public utility where said public utility has installed its facilities therein.
(2007 Code, § 34-8-4)