1215 Vacating or Amending a Subdivision

1) Vacating a Subdivision: The Town Council may vacate a subdivision or a portion of a subdivision by enacting an ordinance to that effect that describes the subdivision or the portion being vacated and recording that ordinance in the County Recorder’s Office. 2) Immaterial Amendments: A property owner or agent of a property owner may correct minor typographical or clerical errors in a document of record by filing with the County and affidavit or other appropriate instrument. This provision does not apply to the changing of a subdivision name, which requires a material amendment described in the following provisions. 3) Material Amendments: a) A Fee Owner of land, as shown on the last county assessment roll, in a platted subdivision may request a material subdivision amendment by filing a written petition with the Planning and Zoning Commission. This petition must meet all the requirements for a preliminary subdivision application specified in Section 1209, with the following changes: i) The preliminary plat (or the record of survey map, if applicable) should: (1)Depict only the portion of the subdivision that is proposed to be amended; (2)Include a plat name distinguishing the amended plat from the original plat; (3)Describe the differences between the amended plat and the original plat; (4)Include references to the original plat; and (5)Meet all the other plat requirements specified in Section 1208(4). ii) The petition must additionally include the name and address of each property owner affected by the petition and the signature of each of those property owners who consents to the petition. iii)The petitioner must include with the petition envelopes addressed to each property owner in the subdivision. b) Upon receipt of an amendment petition, the Planning and Zoning Commission (or Town staff, as delegated) shall provide notice of the petition to: i) Each utility provider that services a parcel of the subdivision. The Town shall not approve an amendment petition until at least 10 calendar days after noticing these utility providers. The Town may notify the utility providers in any effective manner (email, mail, etc.). ii) Each property owner in the subdivision. The Town shall notify these property owners by mail. c) The Planning and Zoning Commission shall hold a public hearing before approving an amendment petition and within 45 calendar days after the day on which the petition is submitted if: i) A property owner objects in writing to the amendment within 10 days of the Town notifying the property owner by mail, or ii) Not every property owner in the subdivision has signed the revised plat. d) Notwithstanding the above, the Planning and Zoning Commission need not hold a public hearing if notice has been given to adjoining property owners in accordance with any applicable local ordinance and the petition seeks to: i) Join two or more of the petitioner’s contiguous lots; ii) Subdivide one or more of the petitioner's lots; iii)Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision; iv) On a lot owned by the petitioner, adjust an internal lot restriction imposed by the local political subdivision; or v) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner or designated as a common area. e) The Planning and Zoning Commission may approve a subdivision amendment 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. f) If the Planning and Zoning Commission approves the amendment petition, the Planning and Zoning Commission shall sign the amended plat and the petitioner shall record the plat, subject to the completion or guarantee of any improvements, as described in Sections 1210, 1211, and 1212. g) Each request to vacate or amend a plat that contains a request to vacate or amend a public street or municipal utility easement is also subject to Utah Code Ann. 10-20-813.