10-8-7 VACATION, ALTERATION, AND AMENDMENT OF SUBDIVISION PLATS

1. Vacating or changing a subdivision plat: a. Subject to Section 9.8.3, and provided that notice has been given pursuant to Section 1.17, the City Council may, with or without a petition, consider and resolve any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat. b. If a petition is filed, the City Council shall hold a public hearing within 45 days after the petition is filed or, if applicable, within 45 days after receipt of the Planning Commission's recommendation under Subsection (3), if: i. any owner within the plat notifies the City of their objection in writing within ten 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. c. The Planning Commission shall consider and provide a recommendation for a proposed vacation, alteration, or amendment under Subsection (1) before the City Council takes final action. The Planning Commission shall give its recommendation within 30 days after the proposed vacation, alteration, or amendment is referred to it, or as that time period is extended by agreement with the applicant. d. The public hearing requirement of Subsection (1) does not apply and the City Council may consider at a public meeting an owner's petition to alter a subdivision plat if the petition seeks to join two or more of the owner's contiguous, residential lots and notice has been given pursuant to local ordinance. e. Each request to vacate or alter a street or alley, contained in a petition to vacate, alter, or amend a subdivision plat, is also subject to Section 9.8.3. f. 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 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 and Section 9.8.3. g. 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 name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended; and iii. the signature of each of these owners who consents to the petition. h. i. The owners of record of adjacent parcels that are described by either a 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 City Council in accordance with Subsection (8)(b). ii. The City Council shall approve an exchange of title under Subsection (8)(a) if no new dwelling lot or housing unit will result from the exchange of title; and the exchange of title will not result in a violation of any land use ordinance. iii. If an exchange of title is approved under Subsection (8)(b): A. a notice of approval shall be recorded in the office of the county recorder which: 1. is executed by each owner included in the exchange and by the land use authority; 2. contains an acknowledgment for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and 3. recites the descriptions of both the original parcels and the parcels created by the exchange of title and B. a conveyance of title reflecting the approved change shall be recorded in the office of the county recorder. 1. A notice of approval recorded under this Subsection (8) does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property. i. i. The name of a recorded subdivision may be changed by recording an amended plat making that change, as provided in this section and subject to Subsection (9)(c). ii. The surveyor preparing the amended plat shall certify that the surveyor: A. holds a license in accordance with U.C.A. Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; B. has completed a survey of the property described on the plat in accordance with U.C.A. Section 17-23-17 and has verified all measurements; and C. has placed 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. iv. Except as provided in Subsection (9)(a), the recording of a declaration or other document that purports to change the name of a recorded plat is voidable. (Reference U.C.A.§10-9a-608) 2. City Council consideration of petition to vacate or change a plat Criteria for vacating or changing a plat -- Recording the vacation or change: a. If the City Council is satisfied that the public interest will not be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the land use authority may vacate, alter, or amend the plat or any portion of the plat, subject to Section 9.8.3. b. The City Council may approve the vacation, alteration, or amendment by signing an amended plat showing the vacation, alteration, or amendment. c. The City Council shall ensure that the amended plat showing the vacation, alteration, or amendment is recorded in the office of the county recorder in which the land is located. d. If an entire subdivision is vacated, the City Council shall ensure that a resolution containing a legal description of the entire vacated subdivision is recorded in the county recorder's office. (Reference U.C.A.§10-9a-609) 3. Vacating or altering a street or alley: a. If a petition is submitted containing a request to vacate or alter any portion of a street or alley within a subdivision: i. the City Council shall, after providing notice to each property owner that directly adjoins the street or alley that is proposed for vacation and after providing notice pursuant to U.C.A. Section 10-9a-208, make a recommendation to the Mayor concerning the request to vacate or alter; and ii. the Mayor shall conduct a public hearing in accordance with U.C.A. Section 10- 9a-208 and determine whether good cause exists for the vacation or alteration. b. If the Mayor vacates or alters any portion of a street or alley, the Mayor shall ensure that the plat is recorded in the office of the recorder of the county in which the land is located. c. The action of the Mayor vacating or narrowing a street or alley that has been dedicated to public use shall operate to the extent to which it is vacated or narrowed, upon the effective date of the vacating plat, as a revocation of the acceptance thereof, and the relinquishment of the City's fee therein, but the right-of-way and easements therein, if any, of any lot owner and the franchise rights of any public utility may not be impaired thereby. (Reference U.C.A.§10-9a-609.5) Adopted this 1st day of October, 2015.