2-10.8 VACATING OR AMENDMENT OF A SUBDIVISION PLAT

Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this part may, in writing, petition the legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section. a. If a petition is filed, the Town Council shall hold the public hearing within 45 days after the petition is filed (c) if: i. any owner within the plat notifies the Town of the owner’s objection in writing within ten (10) days of mailed notification; or ii. a public hearing is required because all of the owners in the subdivision have not signed the revised plat. b. Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include: i. the name and address of all owners of record of the land contained in the entire plat; ii. the signature of each of these owners who consents to the petition. c. The public hearing requirement of subsection (a) above does not apply and the Town Council may consider at a public meeting an owner’s petition to alter a subdivision plat if: i. The petition seeks to join two or more of the owner’s contiguous, residential lot; and ii. notice has been given to adjacent property owners as detailed below. d. The owners of record of adjacent parcels that are described by either metes and bounds description or a recorded plat may exchange title to portions of those parcels if the exchange of title is approved by the Town Council if; i. the exchange of title will not result in a violation of any Cleveland Town land use ordinance. ii. If an exchange of title is approved, then a notice of approval shall be recorded in the office of the county recorder, which: A. is executed by each owner included in the exchange and by the Town Council; B. contains an acknowledgment for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act of the Utah State Code; and C. recites the descriptions of both the original parcels created by the exchange of title; and D. is a conveyance of title reflecting the approved change shall be recorded in the office of the county recorder. e. The name of a recorded subdivision may be changed by recording an amended plat making the change, as provided in this section and subject to subsection (e)(iii) below. i. The surveyor preparing the amended plat shall certify that they hold a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act of the Utah State Code. ii. The surveyor has completed a survey of the property described on the plat in accordance with Section 17-2317 of the Utah State Code and has verified all measurements and has placed all monuments as represented on the plat. iii. An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder’s office. f. Except as provided in subsection (e) above the recording of a declaration or other document that purports to change the name of a recorded plat is voidable. 1) NOTICE OF HEARING FOR PLAT CHANGE. o The Town Council shall give notice of the proposed plat change by mailing the notice to each owner of property located within 300 feet of the property that is the subject of the proposed plat change, addressed to the owner’s mailing address appearing on the rolls of the Emery County Assessor. Notice shall be at least ten (10) calendar days before the meeting or hearing. o The Town Council shall ensure that the notice includes: i. a statement that anyone objecting to the proposed plat change must file a written objection to the change within ten (10) days of the date of the notice; ii. a statement that if no written objections are received by the Cleveland Town Council within the time limit, no public hearing will be held; and iii. the date, place and time when a hearing will be held, if one is required, to consider a vacation, alteration, or amendment without a petition when written objections are received or to consider any petition that does not include the consent of all land owners as required by Subsection 1) above. o If the proposed change involves the vacation, alteration, or amendment of a street, the Cleveland Town Council shall give notice of the date, place, and time of the hearing by: i. mailing notice as required in Subsection 2) a. above; and ii. publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the Cleveland Town area. 2) GROUNDS FOR VACATING OR CHANGING A PLAT. Within thirty (30) days after the public hearing, the Town Council shall consider the petition. Section 2-10: Subdivisions a. The Town Council may approve a petition to vacate or change a plat if it finds: i. Neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment; and ii. There is good cause for the vacation, alteration or amendment. b. The Town Council, by ordinance, may vacate, alter, or amend the plat, any portion of the plat, or any street or lot; c. The Town Council may approve the vacation, alteration, or amendment by ordinance, amended plat, administrative order, or deed in conformance with and verifying approval by the Town Council; d. The Town Council shall ensure that the vacation, alteration, or amendment is recorded in the office of the Emery County Recorder; e. An aggrieved party may appeal the Town Council’s decision to the 7th District Court in and for Emery County, Utah.