§ 153.035  RE-SUBDIVIDING, REPLATTING, AND VACATION OF PLATS.
   All regulations, procedures, and standards made applicable herein to original subdividing shall also apply to the re-subdividing and replatting of a plat or parts thereof, as provided by these regulations. Applications for re-subdividing or replatting shall be accompanied by a fee as determined from time-to-time by resolution of the Board of Trustees.
   (A)   Procedure for re-subdivision. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivision, such parcel shall be approved by the Plan Commission and Board of Trustees by the same procedure, rules, and regulations as for review and approval of a subdivision, or if said subdivision is classified as a minor subdivision, under the procedures as set forth for review and approval of a minor subdivision.
   (B)   Procedure for subdivisions where future re-subdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be re-subdivided into small building sites, the Plan Commission and Board of Trustees may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
   (C)   Vacation of plats.
      (1)   Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Plan Commission and the Board of Trustees in like manner as plats of subdivisions. The governing body may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.
      (2)   Such an instrument shall be executed, acknowledged, or approved, and recorded and filed in like manner as plats of subdivision; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alley, and public grounds, and all dedications laid out or described in such plat.
      (3)   When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.
(Ord. 97-7, passed 7-1-1997, § 4.14)