Chapter 17.15
VACATION, ALTERATION, OR REPLAT

Sections:

17.15.010    Vacation, alteration, or replat—Generally.

17.15.020    Notice of hearing for vacations, alterations and replats.

17.15.030    Determination and recording.

17.15.040    Title to vacated areas.

17.15.050    Final plat for vacation, alteration, or replat.

17.15.010 Vacation, alteration, or replat—Generally.

A.    A recorded plat may not be altered or replatted except by the planning commission on petition of the state, the city, a public utility, or the owners of a majority of the land affected by the alteration or replat.

B.    A platted street, easement, alley or other public way may not be vacated except on petition of the state, the city, a public utility, or the owners of a majority of the land fronting the part of the area sought to be vacated.

C.    The petition required under this section shall be filed with the planning commission and shall be accompanied by a copy of the existing plat, showing the proposed alteration, replat, or vacation, and existing buildings and their distances from lot lines.

D.    Vacations, when granted, require that the plat be altered or replatted. (Ord. 90-03 § 1 (part), 1990.)

17.15.020 Notice of hearing for vacations, alterations and replats.

A.    Within sixty days of receipt of a petition filed under Section 17.15.010, the planning commission shall conduct a public hearing on request. Notice of the hearing shall be posted in at least three public places for at least five days immediately prior to the date set for the hearing.

B.    The notice shall be mailed certified return receipt requested seven days prior to the hearing date to each affected property owner who did not sign the petition. The notice shall indicate the time and place of the hearing, by whom and on what date the petition was filed, the purpose and a general description of the vacation, alteration or replat sought. (Ord. 90-03 § 1 (part), 1990.)

17.15.030 Determination and recording.

A.    Following the public hearing, the planning commission shall make its decision on the merits of the proposal.

B.    If vacation of a city street or other public area is involved, the petition shall be forwarded to the city council with a copy of the planning commission recommendation.

C.    The council has forty-five days from the date of the decision of the planning commission in which to approve a recommended vacation. If no action is taken, consent is considered to have been given and the planning director shall notify the planning commission and the applicant.

D.    If the vacation, alteration, or replat is approved, the revised plat shall be acknowledged and filed in accordance with AS 40.15, as amended from time to time. (Ord. 90-03 § 1 (part), 1990; Ord. 13-04 § 2, 2013.)

17.15.040 Title to vacated areas.

A.    The title to a street or other public area vacated on a plat attaches to the lot or lands bordering the area in equal proportions; except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area that lies on one side of the boundary line shall attach to the abutting property on that side, and the street area that lies on the other side of the boundary line shall attach to the property on that side.

B.    The portion of a vacated street that lies inside the limits of a platted addition attaches to the lots of that platted addition bordering on the area. If a public square is vacated, the title to it vests in the city. If the property vacated is a lot, title vests in the rightful owner.

C.    If the city acquired the street or other public area vacated for legal consideration or by express dedication to the city other than as a subdivision platting requirement before the final act of vacation, the fair market value of the street or public area shall be deposited with the planning commission, to be paid to the city on final vacation. (Ord. 90-03 § 1 (part), 1990.)

17.15.050 Final plat for vacation, alteration, or replat.

Once it is approved, the vacation, alteration, or replat shall be surveyed and submitted in accordance with Section 17.11.060 and applicable subsections of 17.11.050. (Ord. 90-03 § 1 (part), 1990.)