§ 7-103. Vacation of plat after sale of lot; consent of all owners.

(a)

The owners of all lots shown on a subdivision plat may apply in writing for the vacation of the recorded plat or part thereof. For the purposes of this section, the word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include a consort of an owner.

(b)

In cases involving drainage easements or street rights-of-way where the vacation does not impede or alter drainage or access for any lot owners other than those lots owners immediately adjoining or contiguous to the vacated area, only the signature of those lot owners immediately adjoining or contiguous to the vacated area shall be required.

(c)

The agent shall refer the application to the Planning Commission, which shall review the application for its consistency with the Comprehensive Plan. The Planning Commission shall forward the application, with its recommendation, to the Town Council for action.

(d)

With the consent of the Town Council, the owners shall duly execute, acknowledge and record in the Montgomery County Circuit Court Clerk's office a written instrument declaring the plat or portion thereof to be vacated. The Town Council's consent shall appear on the face of the instrument, by the signature of the mayor or agent. The effect of recording this instrument shall be to divest all public rights in, and to reinvest the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.

(Ord. No. 1217, § 2, 12-14-99)

State Law reference— Va. Code § 15.2-2272.

(Ord. No. 1217, § 2, 12-14-99)

State law reference

Va. Code § 15.2-2272.