(a) Owner Initiated Record Plan Vacation. The owner or owners of lots in any approved subdivision, including the developer, may petition City Council to vacate the record plan with respect to their properties.
(1) Notice and Hearing. In accordance with Ohio R.C. 713.12, the City Council shall publish notice in a newspaper of general circulation of the petition for vacation to all owners of property within the affected subdivision and shall state the in the notice, the time and place of the Public Hearing on the vacation petition. The Public Hearing shall take place no less than 30 days after the published notice.
(2) Criteria. The City Council shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare; but in no event may the City Council approve a petition for vacation if it will materially injure the rights of any non-consenting property owner or any public rights in public improvements unless expressly agreed to by the governing body.
(3) Recordation of Revised Record Plan. Upon approval of any petition for vacation, the City Council shall direct the petitioners to prepare a Revised Record Plan in accordance with these regulations. The Record Plan may be recorded only after having been signed by the Mayor, Clerk of Council, and the City Engineer.
(4) Developer Initiated Vacation. When the developer of the subdivision, or its successors, owns all of the lots in the subdivision, the developer or successor may petition for vacation of the record plan and the petition may be approved, conditionally approved, or disapproved by the City Council. The developer or its successor will have no right to a refund of any monies, fees or charges paid to the City.
(b) Government Initiated Record Plan Vacation.
(1) General Conditions. The City Council, on its motion, may vacate the record plan of an approved subdivision when:
A. No lots within the approved subdivision have been sold within 5 years from the date that the record plan was signed by the Mayor, Clerk of Council, and the City Engineer.
B. The developer has breached a subdivision improvement agreement and the City of Springboro is unable to obtain funds with which to complete construction of public improvements. The vacation shall apply only to lots owned by the developer or its successor.
C. The record plan has been of record for more than 5 years and the City Council, upon the recommendation of the Planning Commission, determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare. The vacation shall apply only to lots owned by the developer or its successor.
(2) Procedure. Upon any motion of the City Council to vacate the record plan of any previously approved subdivision, in whole or in part, the City Council shall publish notice in a newspaper of general circulation. The notice shall state the time and place for a Public Hearing on the motion to vacate the subdivision plat.
(3) Recordation of the Record Plan. If the City Council adopts a resolution vacating a record plan in whole, it shall record a copy of the resolution in the Recorder's office of Montgomery or Warren County. If the City Council adopts a resolution vacating a record plan in part, it shall record a copy of the resolution as described above and cause a Revised Record Plan to be recorded which shows that portion of the original record plan that has been vacated and that portion that has not been vacated.
(Ord. 0-15-4. Passed 2-19-15.)