A public street or alley may be permanently closed if the following
procedures are met:
A. Request may be on motion from the Town Council or on written application
of any person to the Town Manager or his/her designated representative.
The request must provide information on why the street or alley should
be closed, impact on neighboring property and the benefit of closure
to the Town. The application shall contain the signatures of all abutting
property owners along the public street or alley, stating their approval
of the closure.
B. A fee of $100 shall be paid to the Town for the processing of an
application for the vacation of any public street or alley. The application
shall not be received unless such fee is paid at the time the application
is filed.
C. The Town Manager, or his/her designated representative, must certify
that the street/alley has no useful purpose to the Town or its residents
by nature of current use, zoning, cost of closing, or point of origin
and/or destination.
D. Notice of the intention to vacate a public street or alley must be
published at least twice, with at least six days elapsing between
first and second publication, in a newspaper having general circulation
in the locality. The notice shall specify the time and place of a
hearing at which persons affected may appear and be heard. The cost
of publishing the notice shall be taxed to the applicant.
E. Request will be reviewed by the Planning Commission, the Elkton Police
Department and the Elkton Volunteer Fire Company for their comments
and recommendations.
F. After the public hearing review by the other departments and after
all affected landowners along the public street or alley have been
notified, the Planning Commission will forward its recommendation
to the Town Council.
G. After receiving a recommendation from the Planning Commission the
Town Council may discontinue the public street or alley.
H. Unless otherwise provided by the Town Council, as a condition of
the vacation of any public street or alley, the abutting property
owner or owners shall provide the Town with a certified survey of
the public street or alley and purchase from the Town such abutting
property owner's fractional portion of the public street or alley.
The price shall be no greater than the property's fair market
value or its contributory value to the abutting property, whichever
is greater, or the amount agreed to by the parties. No such vacation
shall be concluded until the agreed price has been paid. If any abutting
property owner does not pay for such owner's fractional portion
within one year, or other time period made a condition of the vacation,
then the vacation shall be void, unless another abutting property
owner, whose property must be contiguous, purchases the unpaid fractional
portion.