A.
Procedure for resubdivision. Whenever a developer
desires to resubdivide an already approved final subdivision plat,
the developer shall first obtain approval for the resubdivision by
the same procedures prescribed for the subdivision of land.
C.
Waiver.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
Whenever the Joint Zoning Board of Appeals/Planning Commission, in its sole discretion, makes a finding on the record that the purposes of these regulations may be served by permitting resubdivision by the procedure established in this Subsection C, the Joint Zoning Board of Appeals/Planning Commission may waive the requirement of Subsection A. The Joint Zoning Board of Appeals/Planning Commission after an application for resubdivision that includes an expressed request for waiver, shall publish notice of the application in a local newspaper of general circulation and shall provide personal notice to property owners in the subdivision. The notice shall include:
(a)
The name and legal description of the subdivision
affected by the application;
(b)
The proposed changes in the final subdivision
plat;
(c)
The place and time at which the application
and any accompanying documents may be reviewed by the public;
(d)
The place and time at which written comments
on the proposed resubdivision may be submitted by the public; and
(e)
The place and time of the public meeting at
which the Joint Zoning Board of Appeals/Planning Commission will consider
whether to approve, conditionally approve, or disapprove the proposed
resubdivision.
(2)
No sooner than 30 days and no later than 45 days after
notice is published, the Joint Zoning Board of Appeals/Planning Commission
shall consider the application for resubdivision at a public meeting
and shall approve, conditionally approve or disapprove the application.
D.
Procedure for subdivisions when future resubdivision
is indicated. Whenever land is subdivided and the subdivision plat
shows one or more lots containing more than one acre of land and there
is reason to believe that such lots eventually will be resubdivided,
the Joint Zoning Board of Appeals/Planning Commission may require
that the applicant allow for the future opening of streets and the
ultimate extension of adjacent streets. Easements providing for the
future opening and extension of streets may be made a requirement
of plat approval.
[Amended 11-8-2017 by L.L. No. 5-2017]
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
Owner-initiated plat vacation. The owner or owners
of lots in any approved subdivision, including the developer, may
petition the Joint Zoning Board of Appeals/Planning Commission to
vacate the plat with respect to their properties. The petition shall
be filed on forms provided by the Joint Zoning Board of Appeals/Planning
Commission and one copy shall be referred to the Common Council by
the Joint Zoning Board of Appeals/Planning Commission.
(1)
Notice and hearing. The Joint Zoning Board of Appeals/Planning
Commission shall publish notice in a newspaper of general circulation
and provide personal notice of the petition for a vacation to all
owners of property within the affected subdivision and shall state
in the notice the time and place for a public hearing on the vacation
petition. The public hearing shall be no sooner than 30 and no later
than 45 days after the published and personal notice.
(2)
Criteria. The Joint Zoning Board of Appeals/Planning
Commission shall approve the petition for vacation on such terms and
conditions as are reasonable to protect public health, safety and
welfare, but in no event may the Joint Zoning Board of Appeals/Planning
Commission approve a petition for vacation if it will materially injure
the rights of any nonconsenting property owner or any public rights
in public improvements unless expressly agreed to by the governing
body.
(3)
Recordation of revised plat. Upon approval of any
petition for vacation, the Joint Zoning Board of Appeals/Planning
Commission shall direct the petitioners to prepare a revised final
subdivision plat in accordance with these regulations. The revised
final subdivision plat may be recorded only after having been signed
by the Chairman of the Joint Zoning Board of Appeals/Planning Commission
and the City Attorney.
(4)
Developer initiated vacation. When the developer of the subdivision or its successor, owns all of the lots in the subdivision, the developer or successor may petition for vacation of the subdivision plat and the petition may be approved, conditionally approved or disapproved at a regular public meeting of the Joint Zoning Board of Appeals/Planning Commission subject to the criteria in Subsection A(1) of this section. The petition shall be made in triplicate on forms provided by the Joint Zoning Board of Appeals/Planning Commission at least 30 days prior to a regular Joint Zoning Board of Appeals/Planning Commission public meeting and the board shall refer one copy of the petition to the governing body. Regardless of the Joint Zoning Board of Appeals/Planning Commission's action on the petition, the developer or its successor will have no right to a refund of any moneys, fees or charges paid to the City of Oneida nor to the return of any property or consideration dedicated or delivered to the municipality except as may have previously been agreed to by the Joint Zoning Board of Appeals/Planning Commission, the Common Council and the developer.
B.
Government-initiated plat vacation.
(1)
General conditions. The Joint Zoning Board of Appeals/Planning
Commission, on its motion, may vacate the plat of an approved subdivision
when:
(a)
No lots within the approved subdivision have
been sold within five years from the date that the plat was signed
by the Chairman of the Joint Zoning Board of Appeals/Planning Commission.
(b)
The developer has breached a subdivision improvement
agreement and the City of Oneida is unable to obtain funds with which
to complete construction of public improvements, except that the vacation
shall apply only to lots owned by the developer or its successor.
(c)
The plat has been of record for more than five
years and the Joint Zoning Board of Appeals/Planning Commission determines
that the further sale of lots within the subdivision presents a threat
to public health, safety and welfare, except that the vacation shall
apply only to lots owned by the developer or its successor.
(2)
Procedure. Upon any motion of the Joint Zoning Board of Appeals/Planning Commission to vacate the plat of any previously approved subdivision, in whole or in part, the Joint Zoning Board of Appeals/Planning Commission shall publish notice in a newspaper of general circulation and provide personal notice to all property owners within the subdivision and shall also provide notice to the Common Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision plat. The public hearing shall be no sooner than 30 and no later than 45 days from the date of the published and personal notice. The Joint Zoning Board of Appeals/Planning Commission shall approve the resolution effecting the vacation only if the criteria in Subsection A(2) of this section are satisfied.
(3)
Recordation of notice. If the Joint Zoning Board of
Appeals/Planning Commission adopts a resolution vacating a plat in
whole, it shall record a copy of the resolution in the Clerk's office
of Madison County. If the Joint Zoning Board of Appeals/Planning Commission
adopts a resolution vacating a plat in part, it shall record a copy
of the resolution as described above and cause a revised final subdivision
plat to be recorded which shows that portion of the original subdivision
plat that has been vacated and that portion that has not been vacated.
