(A) The Board of County Commissioners or other public body or public utility within the unincorporated area of the county shall be guided by and give consideration to the general policy and pattern of development set out in the Public Development Plan in the authorization, construction, alteration or abandonment of public ways, public places, public structures or public utilities and the authorization, acceptance or construction of water mains, sewers, connection facilities or utilities.
(B) Persons who own or are interested in any lots or parts of lots and want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots may file a petition for vacation with the Board of County Commissioners on a prescribed form. Such petition shall be filed with the Auditor to the Board of County Commissioners at its next regularly or specially scheduled meeting.
(1) The petition for vacation must:
(a) State the circumstances of the case;
(b) Specifically describe the property proposed to be vacated; and
(c) Give the names and addresses of all owners of land that abuts the proposed property to be vacated.
(2) Immediately upon its receipt of such petition, the Board of County Commissioners shall submit same to the County Plan Commission for its consideration and recommendation. A petition for vacation shall be deemed received by the Board of County Commissioners when said petition is delivered to them by the Auditor.
(3) No public way or public place shall be vacated or abandoned until the County Plan Commission shall have first given notice and held public hearing on any petition for vacation to determine if such vacation is in conformity with the County Public Development Plan. The Plan Commission shall promptly forward its recommendation to the Board of County Commissioners.
(4) The Board of County Commissioners shall hold a hearing on the petition within 30 days after it is received from the Auditor. Said hearing shall be subject to I.C. 5-14-1.5 (5-14-1.5-1 through 5-14-1.5-7).
(5) The Auditor of the county shall give notice of the petition and of the time and place of the hearing by the Board of County Commissioners in a manner prescribed in I.C. 5-3-1 (5-3-1-1 through 5-3-1-9) and by certified mail to each owner of land that abuts the property to be proposed to be vacated. The petitioner shall pay the expense of providing such notice which expense shall be in addition to the fee required by division (B)(7) below.
(6) After hearing on the petition, the Board of County Commissioners may, by ordinance, vacate the public way or public place; provided, however, that the Board of County Commissioners shall not override the recommendation of the Plan Commission unless done so by unanimous vote of said Board. The passage of any such ordinance by the Board of County Commissioners to vacate any public way or public place shall constitute an amendment to the Public Development Plan. The Auditor shall furnish a copy of each vacation ordinance to the County Recorder for recording. In addition, a copy of such ordinance shall be filed with the Auditor and the County Surveyor.
(7) The Plan Commission shall charge a fee for the filing of such petition for the purpose of covering the cost of checking, verifying and advertising the proposed vacation. Such fee shall not be less than $25.
(C) The Board of County Commissioners or other party, who proposes dedication or modification of a street or thoroughfare which is not subject to a subdivision control ordinance of the county, shall submit proposals for determining the lines for new, extended, widened or narrowed streets or thoroughfares within the unincorporated area of the county to the Plan Commission. The Plan Commission shall determine if such new or modified streets or thoroughfares are in conformity with the Public Development Plan. The Plan Commission shall forward its recommendation to the Board of County Commissioners or other party. Said Board or other party shall not override the recommendation of the Plan Commission unless done so by a unanimous vote of the Board of County Commissioners, which action by said Board shall constitute an amendment of the Public Development Plan. The Board or other person proposing such dedication or modification shall be responsible for initiating a review of the Plan Commission’s adverse recommendation by the Board of County Commissioners by petition to that body.
(D) Within the unincorporated area of the county, a structure subject hereto shall not be located and an improvement location permit for a structure on platted or unplatted lands shall not be issued unless the structure and its location conform to the Public Development Plan and Ch. 156 of this code of ordinances. Such improvement location permit shall be issued by the Planning Director of the county after the public body, board or other public utility proposing to build such structure has submitted its proposed location for such structure to the Plan Commission and said Plan Commission has determined that the proposed location of such structure is in conformity with the Public Development Plan.
(E) Persons who own or are interested in any lot or parts of lots and want to name or rename all or part of a public way contiguous to those lots or parts of lots may file a petition for the naming or renaming of a public way with the Board of County Commissioners on a prescribed form.
(1) The petition for the naming or renaming of a public way must:
(a) State the present name of the public way, if established;
(b) State the proposed name to be adopted; and
(c) Briefly describe why such request is being made.
(2) Following receipt of such petition, the Board of County Commissioners shall submit same to the County Plan Commission for its consideration and recommendation.
(3) Following its receipt of the petition, the Plan Commission shall hold a hearing on same. Notice of the petition and the time and place of the hearing shall be given in the manner prescribed in I.C. 5-3-1 (5-3-1-1 through 5-3-1-9). The petitioner shall pay any costs of providing such notice. After such hearing, the Plan Commission shall determine if the requested naming or renaming of the public way is in conformity with the Public Development Plan and that the new name requested is easy to understand so as to avoid duplication or conflict with other names. The Plan Commission shall thereafter forward its recommendation on the petition to the Board of County Commissioners who shall then consider such recommendation. The County Commissioners shall approve or deny such petition within 60 days thereafter. The Board of County Commissioners may, by ordinance, thereupon name or rename the public way; provided, however, that the Board of Commissioners shall not override the recommendation of the Plan Commission unless done so by a unanimous vote of said Board. If not acted upon within 60 days by the Commissioners, the petition will be deemed approved.
(4) The Auditor shall furnish a copy of each such ordinance naming or renaming a public way to the County Recorder for recording. In addition, a copy of such ordinance shall be filed with the County Surveyor and the County Auditor.
(5) This section shall not apply to the naming of streets or public ways which is otherwise provided for in this chapter or Ch. 155 of this code of ordinances. Petitions for the renaming of public ways shall be considered as provided in this section.
(1982 Code, § 51.04) (Ord. passed 10-30-1967; Ord. passed 1-14-1985)