A. Application Procedure:
1. Application; Required; Exceptions: Any property owner desiring to vacate an existing subdivision, public right of way or easement or desiring to dedicate a street right of way or easement shall complete and file an application with the planning and zoning administrator. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan or the dedication of streets, rights of way or easements to be shown on a recorded subdivision.
2. Planning And Zoning Administrator Action: Upon receipt of the completed application, the planning and zoning administrator shall affix the date of application acceptance thereon. The planning and zoning administrator shall place the application on the agenda for consideration at the next regular meeting of the commission which is held not less than thirty (30) days after said date of acceptance.
B. Action:
1. Commission Recommendation: The commission shall review the request and all agency responses and make a recommendation to the county commissioners for either approval, conditional approval or denial.
2. County Commissioners' Action:
a. When considering an application for vacation procedures, the county commissioners shall establish a date for a public hearing and give such public notice as required by law 1 . The county commissioners may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the county commissioners shall provide adjacent property owners with a quit claim deed for the vacated rights of way in such proportions as are prescribed by law 2 .
b. When considering an application for dedication procedures, the county commissioners may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the county commissioners a deed describing and conveying such lands to be recorded with the recorder. (Ord. 6, 4-9-1979)
Notes
| 1 | 1. IC §50-1317. |
| 2 | 2. IC §50-1320. |