(A) Authority. The Board of County Commissioners, acting as the land use authority, is authorized to amend or vacate any subdivision plat by signing an amended plat or passing an ordinance describing the subdivision or the portion being vacated, if the proposal does not violate other land use ordinances contained herein, there is good cause for approval, and no public street, right-of-way or easement has been vacated or amended.
(B) Procedure for amendment or vacation. The Board of County Commissioners may consider a proposal for an amendment or vacation after:
(1) A written petition to amend or vacate has been submitted to the Subdivision Administrator. Such a petition shall include:
(a) The names and addresses of all owners of record of the land contained in the entire plat; and
(b) The signature of each of the owners who consents to the petition.
(2) After submission, the petition must be reviewed by the Planning Commission who shall hold a public hearing within 45 days after the day on which the petition is filed. Prior to the public hearing, all owners of property within the plat proposed to be amended or vacated and any utilities must be notified. If satisfied the proposal does not violate the county’s land use ordinances, there is good cause for approval, and no public street, right-of-way or easement has been vacated or amended, the Planning Commission shall forward a favorable recommendation to the Board of County Commissioners. A hearing is not required if all property owners consent to the amendment or vacation of the plat.
(C) Recording. Upon approval of an amendment or vacation by the Board of County Commissioners via the signing of the amended or vacated plat or by ordinance, the Board of County Commissioners shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the County Recorder.
(Ord. passed 4- -2016)