A. Any plat or any part of any plat that has been duly recorded and approved by the Board may be vacated by the owner of the premises by submitting to the County Zoning Administrator a written application containing the following:

     1. The applicant’s name, address, and the name and address of any person, firm or corporation represented by such applicant in the application;

     2. The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales, development, operation or other interest;

     3. A statement of facts which the applicant believes justifies the vacation, including, but not limited to, a general description of the area surrounding the proposed vacation which will be thereby affected. Such description shall address the environmental, economic and traffic effect of the proposed vacation;

     4. A vacation plat prepared by and carrying the seal of a Colorado licensed land surveyor. The vacation plat shall, where applicable, show existing and proposed structures, uses, open spaces, facilities for parking and loading, and arrangement for pedestrian and vehicular circulation;

     5. A letter from the fire department, school district, and all applicable utility companies and special districts which serve the area in and around the property whose vacation is being sought, the Public Works Director, the County Zoning Administrator, and the County Sheriff. Such letter shall state the respective authorities’ position concerning the proposed vacation;

     6. A title insurance commitment or a title policy issued by a title insurance company, or an attorney’s title opinion, certified to a date not more than thirty (30) days prior to the submittal of the plat vacation to the Department of Planning and Development, showing the names of the owners of the land and all other persons who have an interest in or an encumbrance on the property described on the vacation plat;

     7. The County Treasurer’s certification that all prior years' taxes have been paid shall be submitted a minimum of fifteen (15) days prior to consideration by the Board of County Commissioners (refer to Section 16.20.080);

    B. The plat vacation application shall be reviewed by the Commission in like manner as plats of subdivisions. The Commission shall cause written notice of a public hearing on any proposed plat vacation to be sent to owners of real property contained in the subdivision or whose property is within three hundred (300) feet of the exterior boundaries of the subdivision. Such notice shall be sent by first class mail with postage prepaid not less than fifteen (15) days prior to the public hearing. Notice shall also be given by one publication in a newspaper of general circulation in the County not less than fifteen (15) days prior to the public hearing. Notice of the hearing shall also be posted in a conspicuous place in the subdivision. Such posted notice shall be not less than eighteen (18) inches by twenty-four (24) inches with letters not less than one (1) inch in height. The Commission shall forward to the Board its recommendation within thirty (30) days after the hearing is concluded.

     The plat vacation application shall then be submitted to the Board for its review and approval, conditional approval, or denial, after notice in like manner as final subdivision plats.

     C. The vacation plat, if approved, shall be filed and recorded in the County Clerk and Recorder’s Office by the County Zoning Administrator at the applicant’s expense. The vacation plat shall divest all public rights in the streets, alleys, and public ways, and in all dedications laid out or described in the subdivision plat except where reservation is made therefrom.

     D. Before any action on the application shall be taken as provided herein, the applicant proposing the vacation shall deposit with the County Planning and Development Department a nonrefundable application fee as set forth by the Board by resolution.