A. If the ordinance vacates the subdivision approval, a certified copy of the ordinance shall be filed and recorded by the Town Clerk with the same offices as required for subdivision approval, including the Garfield County Clerk and Recorder.

B. The adoption and recording of an ordinance vacating a subdivision or any part thereof shall operate to nullify the force and effect of the recording of the subdivision plat, and no lots, blocks or parcels within the vacated subdivision may thereafter be sold or conveyed.

C. The modification or vacation of a subdivision shall not affect title to the land within the vacated portion, except for title to lands dedicated to the Town according to the original subdivision plat, which property shall vest according to the provisions of § 43-2-302, C.R.S., and the terms of the ordinance.

D. If all or any part of a subdivision is vacated as provided herein, the Planning Commission shall then consider whether the zone district or districts shall be modified accordingly, in the manner provided by law.

E. If all or any part of a subdivision is recommended to be vacated as provided herein, the Planning Commission shall also consider what effect shall be given any cash paid by the original developer in lieu of park land dedication, water rights dedication, or any other fees required at the time of original subdivision approval. In the event the Planning Commission finds it would be appropriate to allow these fees to remain as a credit against the real property, the Commission shall so state in its recommendation to the Town Council. In no event, however, shall any such cash or other consideration paid remain a credit for a period of greater than twenty (20) years from the date of original subdivision approval.

F. If all or any part of the subdivision is recommended to be vacated or modified as provided herein, the Planning Commission shall also recommend to the Town Council as to the disposition of any security given for the completion of public improvements, including any mortgages on the subject property, and shall recommend as to what action should be taken with respect to the subdivision improvements agreement, and whether it should be released as against all of the property, a portion of the property, or only that portion of the property which has been successfully developed. (Ord. 711 §1 (Exh. A), 2017; Amended Ord. 757 §2, 2019)