Part 2 — Unified Development Ordinance Subdivision Regulations
City of Andover Unified Development Manual
5. City Governing Body. The City Governing Body must review the Planning Commission recommendation on the vacation petition, and make a recommendation to the Board of County Commissioners. a. The Governing Body may protest the vacation petition, adopt a resolution recommending approval by the County Commissioners, or adopt a resolution recommending approval with conditions attached. b. The City Clerk must certify the resolution, and provide the petitioner with a copy, for the petitioner to submit to the County Commissioners. (1) If conditions are required for approval, the City Clerk may refrain from certifying the resolution until after the conditions are satisfied. 6. Public Notice of County Hearing. According to state statute, the County Commissioners must publish notice of the County's public hearing on the vacation petition in the official county newspaper, at least 20 days before the date of the hearing. 7. County Public Hearing. According to state statute, the County must hold a public hearing to consider the vacation petition, held by either the Board of County Commissioners, or by the County Planning Board. a. The City Subdivision Administrator will submit the certified resolution to whichever body the County has designated to hold the vacation hearing. b. Existing Utilities. By statute, any order for vacation must protect and provide for the property rights for rights-of-way and easements in use by existing public utilities and public service facilities.
c. By state statute, the vacation must be granted , and recorded in the minutes of the hearing, if it is determined during the hearing that all of the following conditions apply: (1) Due and legal notice has been given. (2) No private rights will be injured or endangered. (3) The public will suffer no loss or inconvenience. d. By state statute, the vacation must not be granted , if it is determined during the hearing that either of the following circumstances apply: (1) The City Governing Body protests the vacation. (2) A written objection is filed with the County Clerk by any owner of land which adjoins the portion to be vacated, when only a portion of a street, alley or public reserve is proposed to be vacated. 8. Recording the Vacation. By statute, the County Clerk must record a certified copy of the order of vacation with the County Register of Deeds. 9. Costs. By state statute, the petitioner is responsible for paying the County Clerk any cost of the proceedings, including publication and recording costs.
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Foster Design Associates LLC
Vacations & Corrections
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