§ 6. Vacation of plat.

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Prior to Sale of Lot: A plat, or part thereof, may be vacated by either of the following methods, where no lot has been sold:

A.

By written instrument signed by the owners, proprietors, or trustees and approved by the governing body, or its authorized agent, which signatures shall be duly acknowledged or proved for recordation in the clerk's office. The written instrument shall declare the plat or portion thereof as vacated pursuant to the provisions of Section 15.1-481(1) of the Virginia Code; or

B.

If no facilities for which bonding is required under this ordinance have been constructed on the subdivision land and no such improvements have been constructed on any related section of property located in the subdivision within five (5) years of the date on which the plat was first recorded the governing body may adopt an ordinance vacating the plat or portion thereof. Prior to adoption of the ordinance notice shall be given as required by Section 15.1-431 of the Virginia Code. The notice shall state the time and place of the meeting at which the adoption of the ordinance will be voted upon and clearly describe the plat or portion thereof to be vacated. Thirty (30) days from the date of adoption of the ordinance, a certified copy may be recorded in the clerk's office provided no appeal has been filed pursuant to the provisions of Section 15.1-481 of the Virginia Code.

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After Sale of Lot: The recorded plat, or part thereof, may be vacated by either of the following methods, after the sale of any lot:

A.

By written instrument signed by all owners of lots shown on said plat and also signed on behalf of the governing body for the purpose of showing the approval of such vacation by the governing body. For 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 any consort of an owner. Any instruments of vacation shall be fully executed and acknowledged in the manner of a deed and filed for record in the clerk's office.

B.

By ordinance adopted by the governing body at the request of a member of the governing body or on application of any interested person. Prior to the adoption of an ordinance, notice shall be given which is required by Section 15.1-431 of the Virginia Code. Said notice shall state the time and place of the meeting at which the adoption of the ordinance will be voted upon and shall clearly describe the plat or portion thereof to be vacated. Thirty (30) days from the date of adoption of the ordinance, a certified copy may be recorded in the clerk's office provided no appeal has been filed pursuant to the provisions of Section 15.1-481 of the Virginia Code.

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Vacation of Boundary Lines: For any subdivision or resubdivision plat which has been approved as provided in this ordinance or under any prior subdivision ordinance of this county, the owners of the land, including lien creditors whose debts are secured by a recorded deed of trust or mortgage, may relocate or otherwise alter the boundary lines of any lot or parcel by executing a written document in the manner approved for recordation in the clerk's office, to which document shall be attached a plat evidencing the new boundary lines, provided however, that this procedure may not be used if it involves a relocation or alteration of streets, alleys, easements for public passage or other public areas. Further, if the boundary line relocation or alteration affects an easement for utility rights-of-way then all persons holding an interest therein shall execute the written document described herein.