§ 18.300. VACATIONS

(a)

Authority. The Planning Commission shall consider the merits of each vacation request and in all cases the platting authority (Planning Commission) shall deem the area being vacated to be of value to the City unless proven otherwise. The burden of proof on all vacation issues shall lie entirely with the applicant.

(b)

Submission Requirements. For an application to vacate a public utility easement the following shall be required:

(1)

Written application on forms provided by the City and payment of any applicable fees.

(2)

Three copies of the recorded document establishing the easement.

(3)

Three copies of a map illustrating the area to be vacated. In addition to showing the area to be vacated, the map must show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated.

(4)

A written statement approving the vacation from every public utility authorized to use the easement.

(c)

For an application to vacate a dedicated public area other than a public utility easement:

(1)

A written application on forms provided by the City, and payment of applicable fees;

(2)

Five copies of a map illustrating the area to be vacated. In addition to showing the area to be vacated, the map must show the outer boundary of the property receiving the benefit of the dedication, and the location of all known public improvements within the area being vacated;

(3)

The application shall include a written statement containing the reasons in support of the vacation;

(4)

A written statement approving the vacation from every public entity authorized to use the dedicated area.

(d)

Procedures for Vacations.

(1)

Petitioners. No plat may be vacated except upon petition of the owners of the majority of the land affected by the vacation. Except as otherwise provided by law, no street, alley or public thoroughfare or any part of one may be vacated, except upon petition of the owners of the majority of the land fronting upon part of the street, alley or public thoroughfare sought to be vacated.

(2)

Petition. The petition for vacation shall be filed with the City Planner, requesting that the plat, addition or subdivision be vacated or that the street, alley, public thoroughfare or other public area be vacated. The petition shall be accompanied by a plat, draft or a copy of the existing plat, showing the proposed vacation.

(3)

Hearing. Upon the payment of the applicable fees and costs, the City Planner shall fix a time for the hearing of the petition which shall be not less than thirty (30) days nor more than sixty (60) days after the filing, and shall issue a notice stating when and by whom the petition was filed, the vacation requested, and the time and place of the hearing. The notice shall generally describe the plat, addition or subdivision sought to be vacated or the street, alley, public thoroughfare or other public area or part of it sought to be vacated. The notice shall be posted for two consecutive weeks prior to the hearing at three (3) public places within the City. The City Planner shall also mail by registered mail a copy of the notice to each of the owners of the affected property not joining in the petition, as shown by the utility records of the City, at the addresses there shown.

(4)

Hearing Determination. At the hearing, the Planning Commission shall inquire into and determine the merits of the relief petitioned for and make such order as justice and the public welfare require.

(5)

If the plat, addition, subdivision, street, alley, public thoroughfare or other public area or part of it is vacated and not otherwise altered or replatted, it is only necessary to file with the recorder the order or resolution vacating it and the recorder shall note upon the original plat the part vacated.

(e)

Actions on Vacations.

(1)

The Planning Commission shall recommend action to the City Council on the vacation application within sixty (60) days after the submission date. The reasons for the recommendation of approval or denial of the vacation shall be stated upon the record of the Planning Commission meeting minutes.

(2)

The Planning Commission shall refer to the City Council the action of the Planning Commission on an application to vacate a public easement or area, with an ordinance subject to City Council approval authorizing the conveyance of the area proposed to be vacated.

(3)

The approval of a vacation by the City Council expires eighteen (18) months after the date of approval. A vacation is not effective unless, before its approval expires, a conveyance of the vacated interest is approved in accordance with law and a final plat depicting the vacation is approved and filed in accordance with this chapter.

(4)

Fair market value of the street right-of-way, easement or other public area to be vacated shall be determined as provided in Title 3, Chapter 3.12, of the Kotzebue Municipal Code and paid to the City on final vacation, unless the City Council, by its own motion, approves other terms or conditions.