§ 65.505. Considerations for Abandonment.

In the review of requests for abandonment of the public right-of-way or easements, the Municipal Planning Board and City Council shall include the consideration of the following factors:

Adequate Public Facilities. Whether and the extent to which the request would result in demand on public facilities and services (both on-site and off-site), exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. No abandonment for any public right-of-way, easement, or other land dedicated to the use of the public shall be approved where an identified future need for the facility exists. Where existing or proposed utilities are located within the right-of-way to be abandoned, it shall be retained as an easement.

Cost for Improvements. The cost for abandonment of any right-of-way, easement, or other land dedicated to the use of the public shall be paid by the applicant or developer of a proposed project, including cost of improvements to adjacent rights-of-way or relocation of utilities within an existing easement.

Other Matters. Any other matters which they may deem relevant and appropriate.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 6-20-1994, Doc. #27635)