Andover Unified Development Manual

Part 2 — Unified Development Ordinance Subdivision Regulations

City of Andover Unified Development Manual

2. Notice of Public Hearing. The Subdivision Administrator must give public notice of a Planning Commission hearing on the proposed vacation, by publishing a notice once in the official city newspaper. a. The notice must be published and at least 20 days elapse before the date of the hearing. b. The notice must state the nature of the vacation petition, the legal description of the property, and the date, time and place for the Planning Commission hearing. c. The notice may also note that the hearing may be adjourned and continued at some stated future date, time and place, without further notice. 3. Notify Utility Providers. At least 20 days before the hearing, the Subdivision Administrator must mail a notice to all affected utility providers. 4. Notify Property Owners. At least 20 days before the hearing, the Subdivision Administrator must mail a notice to all property owners with an interest in the proposed vacation. a. Petitioners must provide the Subdivision Administrator with a list of the names, addresses and zip codes of all property owners to be notified. b. Property owners to be notified include the following: (1) Those owning land proposed for vacation. (2) Those owning land abutting the street, alley or easement proposed for vacation. (3) Those owning land abutting a segment of the vacated street, alley or easement, that will remain open. (4) Those owning land on the opposite side of the street from vacations of setbacks and access control easements.

B. According to K.S.A. 12-506 , vacated streets, alleys or other public reserves must revert to abutting property owners , according to their frontage along the vacation. 1. Vacated land must revert to abutting property owners only if they hold title to land from which the street, alley or public reserve being vacated was originally platted and dedicated. C. Proper completion of the Owner's Certificate and Dedication (see Subdivision Regulations, Section 6-108B-17d) constitutes appropriate notice to all persons having property rights or interests affected by platting or replatting under this section. 102 Vacation of Streets, Alleys, Easements and Recorded Plats Inside the City A. Inside the City, the following procedures are used to vacate streets, alleys or other public reserves, including but not limited to all or parts of recorded plats, public easements, dedicated building setback lines, and access control. (See K.S.A. 12-504 and 505.) 1. V acation Petition. A vacation petition may be submitted by the Governing Body, an owner of platted land proposed for vacation, or an owner of land adjoining either side of any street, alley, easement or other public reserve proposed for vacation. (See definition of PETITION.) a. A vacation petition must be filed with the City Clerk, and will be transmitted to the Subdivision Administrator for processing. b. All nongovernmental petitioners are required to pay a processing fee . (See Chapter 1.3.6 for Fees.)

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Article 11 — page  of  2 7

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Vacations & Corrections

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