13-10-3. Planning commission consideration of petition to vacate or change a plat – Criteria for vacating or changing a plat – Recording the vacation or change .

(1) Within 30 days after the required public hearing, or as that time period may be extended by agreement of the parties, the planning commission shall consider the petition to vacate or change a plat.

(2) If the planning commission is satisfied that the public will not be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the planning commission may vacate, alter, or amend the plat, any portion of the plat, or lot.

(3) The planning commission may approve the vacation, alteration, or amendment by resolution, amended plat, or administrative order.

(4) The planning commission shall ensure that the vacation, alteration, or amendment is recorded in the office of the county recorder in which the land is located.

(5) The action of the planning 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. (Reference §17-27a-609, Ord.2005-21, 09/6/05)