17-27a-603.  Plat required when land is subdivided — Approval of plat — Owner acknowledgment, surveyor certification, and underground utility facility owner verification of plat — Recording plat.

(1)  Unless exempt under Section 17-27a-605 or excluded from the definition of subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of the land shall provide an accurate plat that describes or specifies:

Terms Used In Utah Code 17-27a-603

  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
  • Land: includes :Utah Code 68-3-12.5
  • Land use authority: means :
(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Parcel: means any real property that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
  • Plat: means a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
  • Subdivision: includes :
    (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
    (a)  a subdivision name that is distinct from any subdivision name on a plat recorded in the county recorder’s office;

    (b)  the boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for any other public use, and whether any such area is reserved or proposed for dedication for a public purpose;

    (c)  the lot or unit reference, block or building reference, street or site address, street name or coordinate address, acreage or square footage for all parcels, units, or lots, and length and width of the blocks and lots intended for sale; and

    (d)  every existing right-of-way and easement grant of record for an underground facility, as defined in Section 54-8a-2, and for any other utility facility.
  • (2) 

    (a)  Subject to Subsections (3), (5), and (6), if the plat conforms to the county’s ordinances and this part and has been approved by the culinary water authority, the sanitary sewer authority, and the local health department, as defined in Section 26A-1-102, if the local health department and the county consider the local health department’s approval necessary, the county shall approve the plat.

    (b)  Counties are encouraged to receive a recommendation from the fire authority and the public safety answering point before approving a plat.

    (c)  A county may not require that a plat be approved or signed by a person or entity who:

    (i)  is not an employee or agent of the county; or

    (ii)  does not:

    (A)  have a legal or equitable interest in the property within the proposed subdivision;

    (B)  provide a utility or other service directly to a lot within the subdivision;

    (C)  own an easement or right-of-way adjacent to the proposed subdivision who signs for the purpose of confirming the accuracy of the location of the easement or right-of-way in relation to the plat; or

    (D)  provide culinary public water service whose source protection zone designated as provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.

    (d)  For a subdivision application that includes land located within a notification zone, as determined under Subsection (2)(f), the land use authority shall:

    (i)  within 20 days after the day on which a complete subdivision application is filed, provide written notice of the application to the canal owner or associated canal operator contact described in:

    (A)  Section 17-27a-211;

    (B)  Subsection 73-5-7(2); or

    (C)  Subsection (5)(c); and

    (ii)  wait to approve or reject the subdivision application for at least 20 days after the day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to receive input from the canal owner or associated canal operator, including input regarding:

    (A)  access to the canal;

    (B)  maintenance of the canal;

    (C)  canal protection; and

    (D)  canal safety.

    (e)  When applicable, the subdivision applicant shall comply with Section 73-1-15.5.

    (f)  The land use authority shall provide the notice described in Subsection (2)(d) to a canal owner or associated canal operator if:

    (i)  the canal’s centerline is located within 100 feet of a proposed subdivision; and

    (ii)  the centerline alignment is available to the land use authority:

    (A)  from information provided by the canal company under Section 17-27a-211 using mapping-grade global positioning satellite units or digitized data from the most recent aerial photo available to the canal owner or canal operator;

    (B)  using the state engineer’s inventory of canals under Section 73-5-7; or

    (C)  from information provided by a surveyor under Subsection (5)(c).

    (3)  The county may withhold an otherwise valid plat approval until the owner of the land provides the legislative body with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid.

    (4) 

    (a)  Within 30 days after approving a final plat under this section, a county shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for inclusion in the unified statewide 911 emergency service database described in Subsection 63H-7a-304(4)(b):

    (i)  an electronic copy of the approved final plat; or

    (ii)  preliminary geospatial data that depict any new streets and situs addresses proposed for construction within the bounds of the approved plat.

    (b)  If requested by the Automated Geographic Reference Center, a county that approves a final plat under this section shall:

    (i)  coordinate with the Automated Geographic Reference Center to validate the information described in Subsection (4)(a); and

    (ii)  assist the Automated Geographic Reference Center in creating electronic files that contain the information described in Subsection (4)(a) for inclusion in the unified statewide 911 emergency service database.

    (5) 

    (a)  A county recorder may not record a plat unless, subject to Subsection 17-27a-604(1):

    (i)  prior to recordation, the county has approved and signed the plat;

    (ii)  each owner of record of land described on the plat has signed the owner’s dedication as shown on the plat; and

    (iii)  the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as provided by law.

    (b)  The surveyor making the plat shall certify that the surveyor:

    (i)  holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

    (ii)  has completed a survey of the property described on the plat in accordance with Section 17-23-17 and has verified all measurements; and

    (iii)  has placed monuments as represented on the plat.

    (c) 

    (i)  To the extent possible, the surveyor shall consult with the owner or operator of an existing or proposed underground facility or utility facility within the proposed subdivision, or a representative designated by the owner or operator, to verify the accuracy of the surveyor’s depiction of the:

    (A)  boundary, course, dimensions, and intended use of the public rights-of-way, a public or private easement, or grants of record;

    (B)  location of an existing underground facility and utility facility; and

    (C)  physical restrictions governing the location of the underground facility and utility facility within the subdivision.

    (ii)  The cooperation of an owner or operator under Subsection (5)(c)(i):

    (A)  indicates only that the plat approximates the location of the existing underground and utility facilities but does not warrant or verify their precise location; and

    (B)  does not affect a right that the owner or operator has under Title 54, Chapter 8a, Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law applicable to prescriptive rights, or any other provision of law.

    (6) 

    (a)  Except as provided in Subsection (5)(c), after the plat has been acknowledged, certified, and approved, the individual seeking to record the plat shall, within the time period and manner designated by ordinance, record the plat in the county recorder’s office in the county in which the lands platted and laid out are situated.

    (b)  A failure to record a plat within the time period designated by ordinance renders the plat voidable by the land use authority.

    Amended by Chapter 434, 2020 General Session

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