A. Vacation of Plats of Subdivisions: In cases where an application is made to the Village Board of Trustees to vacate any subdivision or part thereof prior to the sale of any lot in the subdivision, the Board may, by resolution, order the vacation of all or part of the said subdivision. When lots have been sold, the plat may be vacated; provided, that all the owners of lots in said plat join in the execution of said application.
B. Vacation of Streets, Alleys or Public Places:
1. In all cases where application for any subdivision street, alley or part thereof is made to the Board of Trustees, such application shall be referred to the Plan Commission/Zoning Board of Appeals for investigation. The Plan Commission/Zoning Board of Appeals is authorized and directed to make the following determinations concerning the requested vacation:
a. That the title to the property is in the applicants' name as set forth in the application.
b. That the vacation conforms to the General Development Plan approved by the Board.
c. The amount of benefit which shall accrue to the applicant as a result of the proposed vacation.
d. That the vacation is in the public interest.
After the foregoing determinations are made by the Plan Commission/Zoning Board of Appeals, said Commission shall make its recommendation to the Board of Trustees.
2. If the vacation is recommended by the Plan Commission/Zoning Board of Appeals, the applicant shall provide a plat of the area to be vacated as prepared by a registered land surveyor. The applicant shall also pay to the Village, by certified check, an amount equal to the amount of benefit accruing to the applicant as a result of the vacation as determined by the Plan Commission/Zoning Board of Appeals under paragraph 1c above. The Board of Trustees may then approve the vacation by resolution, passage requiring a two-thirds (2/3) vote of the Board of Trustees. The resolution shall recite the following:
a. A specific description of the street, alley or public place, or part thereof vacated.
b. Passage is subject to the payment of the compensation fixed therein.
c. Passage is subject to the filing of a certified copy of the resolution, along with a plat thereof, in which the vacated portion is clearly shown and marked "hereby vacated" with the County Recorder of Deeds within sixty (60) days of the date thereof.
d. That the Board of Trustees has determined that the public interest will be served by the vacation.
When the resolution and plat are presented to the Recorder of Deeds, it shall have, in addition, the receipt of the Village Clerk showing payment of the compensation fixed therein. Receipt shall likewise be filed for record. (Ord. 0-77-57A, 2-9-77)