10-12-22 VACATING OR CHANGING A PLAT

This section applies to vacating or changing a plat after it has received final approval and has been recorded at the Rich County Recorder’s Office. When vacating a public street, the Town adheres to Section 10-9a-609.5 of the Utah State Code regulations. All vacations, amendments or changes to a subdivision plat, including change of the name of a recorded subdivision, or any adjustment of lot lines between adjacent properties, shall occur in the following manner: A. Procedure to Vacate or Change a Plat: 1. The Town Board may, with or without a petition, or on its own initiative or on the initiative of any other Town official or body, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, parcel or alley contained in a subdivision plat at a Public Hearing. 2. Any property owner, as shown on the last Rich County assessment rolls, of land within the subdivision that has been laid out and platted as provided in this chapter may, in writing, petition the Town Board to have the plat, any portion of it, or any street or parcel contained in it, vacated, altered or amended as provided in this section. In such case, the petitioner shall pay the cost of the notice required by this section. 3. A 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: a. Completed plat drawings; b. Name and address of all owners of record of the land contained in the entire plat; c. Name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered or amended; and d. The signature of each of these owners who consents to the petition. B. Before the Town Board may consider a proposed vacation, alteration or amendment of a subdivision plat, the same shall be referred by the Town Board to the Planning Commission for its recommendation. The referral shall be given within thirty (30) days after the plat change proposal is received by the Town Board. Although it may choose to do so in its discretion, the Planning Commission is not required to hold a Public Hearing on the proposed plat amendment but must give its recommendation to the Town Board within thirty (30) days after the proposed vacation, alteration or amendment is referred to it. Within forty-five (45) days after the Town Board receives the Planning Commission’s recommendation, it shall give notice of its Public Hearing on the proposed vacation, alteration or amendment. C. Notice of Town Board Hearing for Plat Change: 1. The Town Board shall give notice of the date, place and time of its Public Hearing to all landowners who must receive such notice to consider any proposed vacation, alteration or amendment of a plat. The notice shall include 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, and a statement that if no written objections are received within that time, unless a Public Hearing is required as indicated elsewhere in this title, the Town Board in its discretion may determine not to hold the Public Hearing. 2. If the proposed change involves the vacation, alteration or amendment of a street, the Town Board shall give notice of the date, place and time of the hearing by: a. Mailing notice as required in subsection B1 of this section; and b. Publishing the notice once a week for four (4) consecutive weeks before the Public Hearing in a newspaper of general circulation in the Town. D. Public Hearing: 1. A Public Hearing must be held on the proposed vacation, alteration or amendment of the plat if: a. The proposed plat change includes the vacation of a public street or alley; or b. Any property owner receiving notice of the proposed change notifies the Town in writing within ten (10) days of the date of the notice of their objection to the change; or c. A petition requesting a plat change has been filed but not all of the property owners in the subdivision have signed the revised plat; or d. The Town Board or any other Town official or body has proposed on its own initiative to amend the plat. 2. In all other cases, the Town Board in its discretion may determine not to hold the Public Hearing. E. Town Board Decision: 1. Within thirty (30) days after the Town Board's Public Hearing, or where no Public Hearing before the Town Board was held, within forty (40) days after the date notice of the Town Board's Public Hearing was given to property owners, the Town Board at a regularly notified meeting shall decide whether to approve, approve with modifications, or deny the proposed vacation, alteration or amendment of the plat. In the case of a denial or partial denial of a proposed plat change, the Town Board shall issue written findings to describe its reasons for the denial or partial denial. In the case of such denial or partial denial, any party may resubmit the proposal for the plat change at any time. In this case the review process for a plat change as given in this section shall be repeated. 2. If the Town Board is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the Town Board may by ordinance, vacate, alter or amend the plat, any portion of the plat, or any street or parcel. 3. The Town Board shall ensure that the newly approved plat is recorded with the Rich County Recorder following procedure as outlined in Section 1012-12 (B) of this Chapter.