[Adopted 11-14-2006 by Ord. No. 163]
[Amended 12-19-2022 by Ord. No. 258]
Proceedings for the vacation, discontinuance or abolishment of any street, alley, public ground, or part thereof, may be initiated: 1) by the City Council as allowed by law; or 2) by the owners of more than 2/3 of the property abutting the part of the street, alley or public ground to be vacated, subject to the procedures as set forth in this chapter.
The City of New Buffalo or owner of an interest in any real estate abutting on any street, alley or public ground who may desire to vacate said street, alley or public ground, or any part thereof, shall petition the City Council for the vacation of said street, alley or public ground, or any part thereof in the manner hereinafter provided herein. Such petition shall be on such form as may be prescribed by the City and shall be submitted with the following:
A. 
A "Vacation Petition" with supporting affidavits on forms provided by the City Clerk signed by the owners of more than 2/3 of the property abutting on the street, alley or public ground to be vacated;
B. 
A legal description of the area to be vacated prepared by a licensed surveyor;
C. 
For each petitioner, a title report indicating ownership and providing a legal description of the property owned by the petitioner;
D. 
Proof of payment of the Vacation Petition Application Fee as established by Section 18-41 (no fee if the City petitions);
E. 
Any additional information or material that the City Manager determines is reasonably necessary prior to its consideration of the requested vacation.
Upon receipt of the required application materials, the City Clerk shall distribute copies of said materials to each member of the City Planning Commission for preparation of the Planning Commission Report defined in Section 18-43.
The party proposing, recommending or petitioning for the vacation, discontinuance or abolishment of any street, alley, public ground or part thereof shall pay to the City Treasurer a fee as from time to time set by the City Council. Until all fees have been paid in full, no action shall be taken on the petition or application. Under no condition shall such fee or any part thereof be refunded for failure of such vacation, discontinuance or abolishment to be approved by the City Council.
Upon receiving a qualifying petition and fees, the Planning Commission shall appoint a time, not less than four weeks thereafter, when they will meet and hear objections thereto; notice of such meeting with a copy of said resolution shall be published for not less than four weeks before the time appointed for such meeting, in one of the newspapers of the City. In addition, the City Clerk shall mail a notice of the meeting, including a copy of the resolution, to the respective owners of all property abutting upon any land directly affected by this proposed action. This notice shall be sent by first class mail to the addresses of the owners as shown on the last assessment roll, at least 14 days in advance of the date set for the hearing. In addition to the date, time and location of the meeting described herein, the notice published and mailed as required herein shall include the following:
A. 
A statement that a request to vacate the subject property will be considered by the City;
B. 
A statement of the time and place of the public hearing before the City;
C. 
A location description in non-legal language along with a vicinity map that identifies the subject property proposed to be vacated;
D. 
A statement that the vacation file is available for viewing at New Buffalo City Hall; and
E. 
A statement of the right of any person to submit written comments to the City prior to or at the public hearing and to appear before the City at the hearing to give comments orally.
The City Planning Commission is authorized to obtain appraisals from qualified, independent appraisers as part of preparing the Planning Commission Report on the requested vacation as defined in Section 18-46. Applicants are responsible for the cost of such appraisals. Payment for said appraisal must be made prior to the City taking any action on the vacation application.
A. 
Contents. The Chair of the City Planning Commission shall prepare a report containing the following information:
1. 
All pertinent application materials submitted by the applicant;
2. 
All comments regarding the vacation received in the Planning Department prior to distribution of the staff report;
3. 
An analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the Comprehensive Plan;
4. 
A recent appraisal of the subject property obtained by the City at the applicant's expense; and
5. 
A recommendation on the vacation.
B. 
Distribution. Prior to the hearing to be conducted by the City Council, the Chair of the City Planning Commission shall distribute the "Planning Commission Report" defined above to each member of the City Council and the applicant.
After receiving a report from the City Planning Commission, the City Council shall hold a public hearing and follow the same procedure for notice as set forth in Section 18-42.
In addition to the Planning Commission's public hearing,
A. 
The City Council shall hold a public hearing on each requested vacation. The hearing shall be open to the public.
B. 
At the outset of the hearing, the Chair of the City Planning Commission shall provide a Planning Commission Report prepared pursuant to Section 18-44; said report shall contain the recommendation of the Planning Commission on the requested vacation.
C. 
Any interested person may participate in the public hearing in either or both of the following ways:
1. 
By submitting written comments to the City Council either by delivering the comments to the City Clerk prior to the hearing or by giving the comments directly to the City Council at the hearing; and
2. 
By appearing in person (or through a representative) at the hearing and making oral comments directly to the City Council. The City Council may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing.
If any such objection shall be filed, the street, alley or public ground or any part thereof, shall not be vacated or discontinued, except by a concurring vote of four members of the City Council.
A. 
The decision on a vacation application is a legislative determination. The City Council may, in its discretion, vacate a street, alley or public easement governed by this chapter if it determines that vacation is in the public interest and that:
1. 
The street, alley or public easement is not currently necessary for travel or other street purposes, nor likely to be in the future; and
2. 
No property will be denied all access as a result of the vacation.
B. 
The City Council may consider any other fact or issue it deems relevant when deciding whether to vacate a street, alley or public easement.
In vacating a street, alley or public easement governed by this chapter, the City Council may reserve for the City any easements or the right to exercise and grant any easements for the following purposes: (1) public utilities and services; (2) pedestrian trail or sidewalk purposes; and/or (3) any other type of easement relating to the City's right to control, use and manage rights-of-way.
At any time prior to the City Council's final decision on the vacation, the applicant and City Planning Commission may enter into a voluntary agreement containing special terms that would apply to the vacation if the application is approved. The Planning Commission will advise the City Council of the terms contained in the voluntary agreement. The City Council may vacate a street, alley or easement pursuant to such an agreement, subject to such agreement.
A. 
Following the public hearing, the City Council shall, by motion approved by a four-fifths vote of the entire membership in a roll call vote, either:
1. 
Adopt a resolution granting the vacation; or
2. 
Adoption a resolution denying the vacation; or
3. 
Adopt a resolution of intent to vacate, subject to specified conditions to be completed within 90 days.
B. 
The City shall require the following as conditions, if a vacation is approved:
1. 
Monetary compensation to be paid to the City in the amount of the full appraised value for the subject property, if the subject property or portions thereof were acquired at public expense.
2. 
The applicant's full compliance with all required proceedings in a court of competent jurisdiction under the Land Division Act, MCL § 560.101 et seq., as amended (Subdivision Control Act), to effectuate the transfer of title and plat modification resulting from the vacation with a judgment to be entered within one year from the date of the City Council's final action or the vacation will be null and void.
C. 
Within 15 working days of the City Council's decision, the City Clerk shall mail a copy of the notice of decision to the applicant.
Title to the subject property shall pass in accordance with the laws of the State of Michigan governing title to vacated rights-of-way.
The City Clerk shall compile a Vacation Petition File for each petition that contains all information pertinent to the proposed vacation. This file shall be a public record. It shall be available for inspection and copying in the City Hall offices of the City of New Buffalo during regular business hours.