MapLink™ | Procedures | Vacation Of Rights-Of-Way/Easement Plat

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Vacation Of Rights-Of-Way/Easement Plat
A. Purpose.
1. The vacation of right-of-way/easement plat procedure provides a mechanism for vacating rights, interests, or title of the City in and to any right-of-way or easement located in the City.
B. Applicability.
1. This Section shall apply to any request for vacating rights, interests, or title of the City in and to any right-of-way or easement located in the City.
2. Applications are subject to the common procedures identified in Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Application Submission and Handling.
a. The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040: Application Submission And Handling.
3. Staff Review And Action.
a. The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with Section 405.050: Staff Review And Action.
4. Notice And Public Hearings.
a. The application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Aldermen and noticed in accordance with Section 405.060: Notice And Public Hearings.
5. Review and Decision-Making Bodies.
a. Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(5)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070: Review And Decision-Making Bodies.
b. Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(5)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070: Review And Decision-Making Bodies.
c. Review Criteria. A vacation of right-of-way/easement plat shall be reviewed according to the following:
(1) The right-of-way has never been formally opened or used as a City street, has never been used for park or governmental purposes, or has been abandoned and removed;
(2) All portions of the right-of-way or easement to be vacated are within the City;
(3) No land adjoining the right-of-way to be vacated shall be left, as a result of the vacation, without an established public road connecting to another established public road.
6. Post-Decision Actions And Limitations.
a. The post-decision actions and limitations in Section 405.080: Post-Decision Actions And Limitations shall apply with the following modifications:
(1) Effect Of Approval. An approved vacation of right-of-way/easement plat may be recorded with the St. Charles County Recorder of Deeds, subject to the requirements of Section 405.040: Application Submission And Handling.
(2) Expiration Of Approval. An approved vacation of right-of-way/easement plat shall expire one (1) year after the date of final approval unless it is recorded with the St. Charles County Recorder of Deeds or an extension is granted pursuant to Section 405.080: Post-Decision Actions And Limitations.
 
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Summary Table of Application Procedures

Table 405.010, Summary Table of Application Procedures, lists the applications authorized by this Chapter and application-specific requirements from Articles III through VIII for preapplication meetings, public hearing notice, review and decision-making bodies, and expiration of approval. The table also lists cross references to related applications authorized by and subject to requirements of other chapters of the Municipal Code.

In the event of conflict between the application-specific procedures in Articles III through VIII and the requirements summarized in Table 405.010, Summary Table of Application Procedures, the application-specific procedures and requirements in Articles III through VIII shall govern.