Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 112-13. Vacation of plats.

(a) Any plat or any part of any plat lying within the city may be vacated by the owner at any time before improvements have been made on the land subject to the plat. A petition to vacate a plat or any part of any plat shall be made to the planning commission. On any proposed petition to vacate a plat, the planning commission shall hold a public hearing, for which 15-days' advance notice in a local newspaper of general distribution has been published. Following such a hearing, the city council may approve the petition as recommended by the planning commission or as determined by a majority vote of the city council. The city council may reject any proposed plat vacation which abridges or destroys any public rights in any public use areas, improvements, streets or alleys.

(b) The owner of lands for which a request for vacation is filed and granted shall provide the appropriate documents to the county recorder to carry out the vacation order.

(c) When lots have been sold, the plat may be vacated in the manner established therein, provided the owners of all lots join the plat vacation application.

(d) Regardless of the disposition of the plat vacation petition, the developer or his successors will have no right to a refund of any monies, fees, or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the planning commission, the city council, and the developer. If agreed to, such vacation shall have the effect of divesting the public of all rights in the streets, alleys, public areas and dedications laid out for describing in such plat.

(Ord. No. 3095, § 1, 5-22-01)

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