General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES 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. Section 18-43. Appraisals and Appraisal Fees. [Ord. 163, 11/14/2006] 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 18-45. 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. Section 18-44. City Planning Commission Report. [Ord. 163, 11/14/2006] 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. Section 18-45. City Council Hearing Notice. [Ord. 163, 11/14/2006] 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. Section 18-46. City Council Public Hearing Procedures. [Ord. 163, 11/14/2006] 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. Chapter 18- STREETS AND SIDEWALKS 18-18
CITY OF NEW BUFFALO CODE OF ORDINANCES 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. Section 18-47. Objections/Vote Required. [Ord. 163, 11/14/2006] 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. Section 18-48. Criteria for Granting Street Vacation. [Ord. 163, 11/14/2006] 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: A. The street, alley or public easement is not currently necessary for travel or other street purposes, nor likely to be in the future; and B. No property will be denied all access as a result of the vacation. The City Council may consider any other fact or issue it deems relevant when deciding whether to vacate a street, alley or public easement. Section 18-49. Right to Reserve Easements. [Ord. 163, 11/14/2006] 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: (l) 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. Section 18-50. Voluntary Agreement between City and Applicant. [Ord. 163, 11/14/2006] 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. Chapter 18- STREETS AND SIDEWALKS 18-19
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General Ordinances - City of New Buffalo

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