§ 17.5-52. Vacated subdivision plat.

(a)

A recorded subdivision plat may be vacated (nullified) at the request of the owner of the tract covered by the plat at any time before any lot in the plat is sold. The owner shall submit to the planning department a signed, notarized statement requesting the vacation of the plat. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is recorded with the county clerk of the county where the subdivision is located.

(b)

If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all owners of the lots in the plat.

(c)

The planning department shall cause the plat to be vacated reviewed by the city engineer, director of public works, director of water/wastewater, police chief, fire chief, and representatives of any public utility company that may have facilities located in the subdivision. Should it be determined that any easement shown on the recorded plat must remain after the vacation of the plat, the owner shall provide and file the appropriate deed instrument before city approval is given.

(d)

The planning and zoning commission shall recommend to the city council approval, approval of the vacation pending the completion of specific conditions and requirements, or disapproval.

(e)

The planning and zoning commission shall recommend to the city council:

(1)

Approval of the vacation of the plat;

(2)

Approval of the vacation pending the completion of specific conditions and requirements; or

(3)

Disapproval within thirty (30) days after the plat submittal deadline on which the planning department received the application for subdivision vacation.

(f)

The city council will consider and approve or disapprove the vacation within thirty (30) days after the date the plat is recommended for approval by the planning and zoning commission.

(Ord. No. 1998-14, § 1(Exh. A), 6-2-98; Ord. No. 2016-61, § 1(Exh. A), 10-13-16)