10-9a-208.  Hearing and notice for petition to vacate a public street.

(1)  For any petition to vacate some or all of a public street or municipal utility easement the legislative body shall:

Terms Used In Utah Code 10-9a-208

(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal utility easement: means an easement that:
    (a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
    (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
    (c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
    (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
    (e) 
    (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
    (ii) is located in a utility easement granted for public use; or
    (f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
    • (a)  hold a public hearing; and

    (b)  give notice of the date, place, and time of the hearing, as provided in Subsection (2).

    • (2)  At least 10 days before the public hearing under Subsection (1)(a), the legislative body shall ensure that the notice required under Subsection (1)(b) is:

    (a)  mailed to the record owner of each parcel that is accessed by the public street or municipal utility easement;

    (b)  mailed to each affected entity; and

    (c)  provided for the public street or municipal utility easement, as a class A notice under Section 63G-30-102, for at least 10 days.

    Amended by Chapter 435, 2023 General Session

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