7.16.130 Right-Of-Way Vacation - CLEANOrdinance 25-06
7.16.130 Right-of-Way Vacation, Avon Municipal Code
7.16.130 Right-Of-Way Vacation
The purpose of this Section is to provide procedures and standards for the vacation of rights-of-way in
the Town. The procedures and authority set forth in Section 43-2-301, et seq., C.R.S., shall apply unless in
conflict with any specific provision set forth in this Section. The vacation of public easements are also
considered rights-of-way in this Section.
(a) Definitions Incorporated. The definitions set forth in Section 43-2-301, C.R.S., are incorporated in this
Section.
(b) Review Procedures. Applications for the vacation of a right-of-way shall follow the general review
procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for
vacation of a right-of-way may be initiated by the Town Council or by a property owner abutting the
right-of-way proposed for vacation.
(i) Applications to move or alter a right-of-way shall be processed as a subdivision application
concurrently with a right-of-way vacation application, in which case the ordinance approving the
vacation of a right-of-way or portion thereof shall also approve a final plat (major), which results
in the dedication of the moved or altered right-of-way or portion thereof.
(ii) Public easement vacations can be processed as part of a major or minor subdivision application.
(c) Review Authority. The Town Council shall review and render the final decision on an application to
vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved
by ordinance of the Town Council.
(d) Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on
an application to vacate a right-of-way:
(1) No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way
without an established public road or private-access easement connecting said land with
another established public road;
(2) The right-of-way is determined to be platted on terrain which is not practical for the construction
of a right-of-way due to terrain, topography, natural features or other constraints and the right-of-
way does not provide any other potential benefit to the public, including but not limited to utility
connections, pedestrian or recreation connections, drainage or public landscaping;
(3) Sufficient easements for utilities, access or other purposes are retained;
(4) Compensation may be required for the area of vacated right-of-way based upon the fair market
value per square foot of the area vacated and the applied zoning; and
(5) The vacated area of right-of-way shall be included in the same zone district as the abutting
property to which the vacated right-of-way vests.
(e) Recording, Deed. The ordinance vacating a right-of-way shall be recorded in the office of the Eagle
County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a
quit claim deed on behalf of the Town of Avon, which quit claim deed shall reference any exceptions,
easements or reservations of the vacation and shall be recorded in the office of the Eagle County
Clerk and Recorder.