(A) Jurisdiction procedures; vacation of all or parts of plats; recorded covenants or commitments.
(1) Pursuant to I.C. 36-7-3 et seq. and I.C. 36-7-4-711, the Plan Commission has exclusive control and jurisdiction over the vacation of all or parts of plats, including recorded covenants or commitments.
(2) Subject to the provisions of § 193.091(A) of this chapter regarding the vacation of a public way, public place or platted easement, the owner of land in a plat may file with the Plan Commission a petition to vacate all or part of the plat pertaining to the land owned by the petitioner. The petition shall:
(a) State the reasons for and circumstances prompting the request;
(b) Specifically describe the property in the plat proposed to be vacated; and
(c) Give the name and address of each owner of land in the plat.
(3) (a) The petition may include a request to vacate any recorded covenants or commitments filed as part of the plat.
(b) The covenants or commitments are then also subject to vacation.
(c) If the petition requests the vacation of any recorded covenants or commitments, the petitioner shall furnish the Plan Commission with signed and notarized statements from all owners of the plat, or part of the plat, of their support of, or opposition to, the vacation of said recorded covenants or commitments prior to any action being taken on the petition by the Plan Commission; provided that, if the petitioner fails to furnish a statement of support or opposition from any such owner, such owner shall be deemed to oppose the vacation.
(B) Approval of a vacation of land in a plat by the Plan Commission.
(1) After a public hearing, the Plan Commission may approve a petition for the vacation of all or part of a plat.
(2) The Plan Commission may impose reasonable conditions as part of the approval.
(3) The Plan Commission shall make written findings of fact that set forth the reasons for the approval of the petition.
(4) The findings of fact shall be signed by the President of the Plan Commission.
(5) A copy of the findings of fact shall be retained as a part of the permanent record of the determination.
(6) The Plan Commission shall present recordable documentation of its decision to the Recorder of the county for recording.
(C) Disapproval of a vacation of land in a plat by the Plan Commission.
(1) After a public hearing, the Plan Commission may disapprove a petition for the vacation of all or part of a plat.
(2) The Plan Commission shall make written findings of fact that set forth the reasons for the disapproval of the petition.
(3) The findings of fact shall be signed by the President of the Plan Commission.
(4) A copy of the findings of fact shall be retained as a part of the permanent record of the determination.
(D) Appeals.
(1) The approval, disapproval or imposition of a condition on the approval of the vacation of all or part of a plat is a final decision of the Plan Commission.
(2) The petitioner or an aggrieved party may seek review of the decision of the Plan Commission as provided by I.C. 36-7-4-1016.
(Ord. 2000-21, passed 11-6-2000)