Table 30.16-11 VACATION AND ABANDONMENT - AUTHORITY AND CONSIDERATION TABLE
SEE ALSO 30.16.210 for general process information and standards
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a. Initiating Authority
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Board, Director of Public Works, Zoning Administrator, or property owner of any property
abutting the alignment.
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b. Standards for
Acceptance
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At a minimum, applications shall be processed for entire street segments, from intersection
to intersection unless a determination is made by the Director of Public Works or
Zoning Administrator that the vacation and abandonment of a partial segment is appropriate.
Collector or arterial street or alignment requiring a Transportation Element Amendment
shall be processed prior to or concurrent with a Comprehensive Master Plan Amendment
per Table 30-12.1.
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c. Base Fee
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$200 to vacate patent easements only, without a public hearing
$500 to vacate right-of-way, or easements with a public hearing plus $200 delivery
confirmation mail fee, plus $175 Notice Fee.
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d. Approximate Processing Time
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To vacate patent easements only, without a public hearing: 10 working days after the
last day of the week of the filing period during which the application is submitted.
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e. Application Process
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Public hearing or administrative review per Section 30.16.210.
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f. Notice
Requirements
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1.
To vacate patent easements only, without a public hearing: none.
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2.
To vacate easements with a public hearing, or right-of-way: posted notice, entity
notice, city notice, newspaper notice, and 500 foot notice (delivery confirmation
mail required for abutting properties only)
(See Section 30.16.230 Notices).
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g. Recommending Entities
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1.
To vacate patent easements only, without a public hearing: Government Entities, public
utilities, and Town Board (shall be used if received but are not required); letters
of consent from property owners adjacent to the easement and/or any extension of the
easement to the nearest dedicated right-of-way shall also serve as recommendations.
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2.
To vacate easements with a public hearing, or right-of-way: Government Entities,
public utilities, and Town Board.
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h. Approval Authority
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1.
Administrative - To vacate patent easements only, without a public hearing: Director
of Public Works.
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2.
Commission - To vacate easements with a public hearing, or rights-of-way: except
full-width rights-of-way for collector and arterial streets included on the Transportation
Element map shall be forwarded to the Board with the Commission's recommendation.
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3.
Board - Application submitted in conjunction with, or in lieu of, another application
that requires Board approval or at the discretion of the Zoning Administrator.
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i. Appeal Authority
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Board.
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j. Standards for
Approval and Recordation
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1.
The Director of Public Works, Commission, or Board shall determine that there is
no present nor future public need for the area proposed to be vacated, and that the
public will not be materially injured by the proposed vacation. The approval of a
vacation and abandonment shall constitute such a determination.
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2.
The order of vacation shall not be recorded in the Office of the County Recorder
until consenting recommendations have been received from any public utility and all
conditions of approval have been satisfied, except as provided in "l" below.
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k. Application Expiration
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The order of vacation must be recorded in the Office of the County Recorder within
2 years from the date of approval. Any extension of time shall require the re-approval
of affected government and public utility entities. The vacation application cannot
be administratively extended.
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l. Recordation
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The County may record the order of vacation if utility companies have not responded
within 90 days from the approval date.
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