Pursuant to IC 36-7-3 et. seq., the Plan Commission has jurisdiction to vacate all or part of a plat pertaining to land owned by the Petitioner while the Town Council has jurisdiction to vacate a public way, public place or a platted easement.
5.2 Approval of a Vacation of Land in a Plat by the Plan Commission
After a public hearing, the Plan Commission may approve a petition for the vacation of all or part of a plat. The Plan Commission may impose reasonable conditions as part of the approval. The Plan Commission shall make written findings of fact that set forth the reasons for the approval of the petition.
The findings of fact shall be signed by the President of the Plan Commission. A copy of the findings of fact shall be retained as a part of the permanent record of the determination.
5.3 Disapproval of a Vacation of Land in a Plat
After a public hearing, the Plan Commission may disapprove a petition for the vacation of all or part of a plat. The Plan Commission shall make written findings of fact that set forth the reasons for the disapproval of the petition. The findings of fact shall be signed by the President of the Plan Commission. A copy of the findings of fact shall be retained as a part of the permanent record of the determination.
5.4 Appeals
The approval, disapproval or imposition of a condition on the approval of the vacation of all or part of a plat is a final decision of the Plan Commission. The Petitioner or an aggrieved party may seek review of the decision of the Plan Commission as provided by IC 36-7-4-1016.
