Ordinance No. 20353 - Laserfiche WebLink

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9.8700 9.8710 surrounding properties. If the planning director determines that the proposed modification is not consistent with the above criteria, the proposed modification may not occur. Nothing in this section shall preclude the applicant from initially submitting the requested modification as a new subdivision tentative plan application. Section 70. Section 9.8700 of the Eugene Code, 1971, is amended to provide: Purpose of Vacations. In order to ensure the orderly development of land, public ways in the form of streets, roads, alleys, rights-of-way, pedestrian and/or bicycle easements and accessways, or utility easements are established, obtained, or reserved by the city. As land develops, and as land uses change over time, public ways may no longer be necessary for ensuring the orderly development of land. This land use code and state law provide procedures, requirements, and criteria for vacating public ways. The vacation process includes a review of the need for public ways and the manner in which to dispense with public ways. In addition, sections 9.8700 through 9.8725 of this land use code provide a process for the vacation of undeveloped subdivision and partition plats or parts thereof. Section 71. Section 9.8710 of the Eugene Code, 1971, is amended to provide: Vacations. Application Reauirements. (1) Vacation of unimproved public easements shall be considered in accordance with the Type I Application Procedures contained in EC 9.7000 through 9.7885 and the approval criteria contained in EC 9.8715. In the case of public utility easements, statements of concurrence with the vacation from affected utility providers must be submitted with the application. (2) Vacation of improved public easements, unimproved public right-of-way, and vacation and rededication of unimproved public rights-of-way, except improved public easements and public right-of-way located within undeveloped subdivision or partition plats, shall be considered in accordance with the Type" Application Procedures contained in EC 9.7000 through 9.7885 and the approval criteria contained in EC 9.8720. In the case of public utility easements, letters of concurrence to the vacation from affected utility providers must be submitted with the application. (3) Vacation of any public way acquired with public funds, vacation of improved public right-of-way, and vacation of undeveloped subdivision and partition plats, or parts thereof, including public right-of-way and improved public easements located therein, shall be considered and decided upon by the city council in accordance with the procedures contained in EC 9.7445 through 9.7455 and the approval criteria contained in EC 9.8725. (4) All applications shall be accompanied by the application fee established by the city manager pursuant to Chapter 2 of this code, and an additional amount sufficient to pay the expenses related to publication of the vacation notice. (5) In addition to payment of the application and publication fees referenced in subsection (4) above, a vacation of improved or unimproved public right-of- way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment by the applicant of a deposit equal to the assessment of special benefit that Ordinance - 36