Andover Unified Development Manual

Part 2 — Unified Development Ordinance Subdivision Regulations

City of Andover Unified Development Manual

7. Protest Hearing. If a written protest is filed with the City Clerk within 30 days after publication of the ordinance approving a vacation, the Governing Body must set a hearing date for within 10 days after the end of the 30-day period. a. Protesters must be notified by the City Clerk of the hearing date. b. The hearing may be continued from time to time . c. At the conclusion of the hearing, the Governing Body may either confirm or decline to confirm the vacation ordinance. (1) The Governing Body may adopt a resolution confirming the vacation ordinance . (a) The City Clerk must then file a certified copy of the ordinance with the County Clerk, to enter on the transfer records. (b) As soon as possible, the City Clerk must file and record the ordinance with the County Register of Deeds. (2) The Governing Body may decline to adopt a resolution confirming the vacation ordinance . (a) If a resolution is not adopted, the vacation ordinance becomes null and void. (b) The City Clerk must notify the County Clerk and Register of Deeds that the vacation is null and void.

3. Prior to consideration by the Governing Body, the Planning Commission must give notice and hold a public hearing on the proposed vacation. (See Subdivision Regulations, Section 11-102A2 through 5.) 4. The proposed vacation must be placed on the Governing Body's agenda for their consideration. a. The Governing Body may gather information on the proposed vacation from staff, utility providers, government agencies, or any individual. 5. The Governing Body may approve a vacation by an effectuating ordinance. a. The ordinance must provide that the vacation becomes effective 30 days after the ordinance's publication, unless an interested party files a written protest with the City Clerk before the effective date. 6. The City Clerk must publish the effectuating ordinance for an approved vacation in the official City newspaper. a. As soon as possible after publication, the City Clerk must file a certified copy of the ordinance with the County Clerk, to enter on the transfer records. b. As soon as possible, the City Clerk must then file and record the ordinance with the County Register of Deeds. c. No fee must be charged for these services by either the City Clerk or the County Register of Deeds.

Main TOC

Subdivision TOC

Article 11 — page  of  4 7

Foster Design Associates LLC

Vacations & Corrections

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