13-10-1. Vacating or changing a subdivision plat .

(1) Subject to Subsection (2), the planning commission may, with or without a petition, consider and resolve any proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any road, lot, or alley contained in a subdivision plat at a public hearing.

(2) If a petition is filed, the planning commission shall hold the public hearing within 45 days after receipt of the petition if:

(a) the plat change includes the vacation of a public road;

(b) any owner within the plat notifies the county of their objection in writing within ten days of receiving mailed notification; or

(c) all of the owners in the subdivision have not signed the revised plat.

(3) Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted may petition in writing to have the plat, any portion of it, or any road or lot contained in it, vacated, altered, or amended.

(4) Any proposal to vacate or alter any road or alley located within a subdivision shall first be reviewed by the county engineer. Upon receiving a recommendation from the county engineer, it shall go to a public hearing of the planning commission. The planning commission shall make a recommendation to the county commission who shall consider the matter at a public meeting.

(5) The action of the county commission vacating or narrowing a street or alley that has been dedicated to public use shall operate to the extent to which it is vacated or narrowed, upon the effective date of the vacating ordinance, as a revocation of the acceptance thereof and the relinquishment of the county's fee therein, but the right-of-way and easements therein, if any, of any lot owner and the franchise rights of any public utility may not be impaired thereby. (Ord.2005-21, 09/6/05)