§ 15.25.020. Procedure for requesting vacation.

(1)

Such petition shall set forth the facts and the reasons for such vacation and shall be accompanied by the existing plat of such street, alley, or public ground proposed to be vacated. Such petition shall be signed by all of the adjacent property owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney. The verified petition shall be filed at the city planning and inspections office with the filing fee in the amount as set by resolution of the governing board.

(2)

Any street, alley or public ground that is vacated through this process may be dedicated, at the discretion of the city commission, in perpetuity by the owner(s) to the public as an easement for the installation of any publicly accepted utility(ies). The platting of the area as an easement shall occur at no cost to the city. The entire width and length of the area vacated shall be platted and dedicated as a public easement area.

(3)

A hearing on the petition shall be held by the city planning commission if the street, alley or other public ground to be vacated is within city limits and shall be held by the joint planning commission if the street, alley or other public ground to be vacated is outside city limits but within the joint jurisdictional planning area. A sign providing notice of the meeting in front of the appropriate planning commission will be placed at each end of the street or alley or part thereof sought to be vacated and upon such other public ground sought to be vacated at such locations which provide reasonable notice of the hearing. The recommendation of the city planning commission will be forwarded to the city commission for consideration and the recommendation of the joint planning commission will be forwarded to the city commission and to the county commission for consideration.

(4)

Notice of the proposed vacation shall be published once a week for two successive weeks prior to a public hearing being held on said petition by the city commission. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body. The hearing shall be held not less than ten days from the last publication of the notice. At the public hearing, the city commission will take into consideration any testimony provided by the public, the recommendations of the planning commission and the recommendations of city departments that may have an interest in the proposed vacation.

(5)

A resolution of vacation shall be published and is subject to referendum. Upon taking effect, a copy of the resolution certified by the city finance officer shall be filed in the office of the register of deeds.

(6)

If the city commission approves the vacation, the applicant(s) shall have a plat of the vacated area be prepared at no cost to the city, said plat to show new property lines created as a result of said vacation and any utility or other easements upon the area vacated. The plat will be approved through the normal plat approval process and the applicant(s) submitting the petition for vacation shall pay the appropriate fee at the time that the plat is submitted for approval. The applicant(s) is/are required to have the plat recorded at the office of register of deeds, at applicant(s) sole expense, and shall provide the city a copy of the filed plat showing the date, book and page number where the plat may be found in the Beadle County office of the register of deeds.

(7)

No petition for vacation of a street, alley or other public ground may be submitted and filed with the planning and inspections office less than six months following a denial by the city commission of an identical or substantially similar petition.

(Ord. 2033 (part), 2007).

(Ord. No. 2135-15-19, 1-6-2014)