17-27a-609. Land use authority approval of vacation or amendment of plat — Recording the amended plat.
(1)
The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that:
Terms Used In Utah Code 17-27a-609
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
County utility easement: means an easement that:
(a)
a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;
(b)
is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
(c)
the county or the county's affiliated governmental entity owns or creates; and
(d)
(i)
either:
(A)
no person uses or occupies; or
(B)
the county or the county'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; or
(ii)
a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103
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
Plat: means an instrument subdividing property into lots as depicted on 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
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 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)
there is good cause for the vacation or amendment; and
(b)
no public street or county utility easement has been vacated or amended.
(2)
(a)
The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the county recorder in which the land is located.
(b)
If the amended plat is approved and recorded in accordance with this section, the recorded plat shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land.
(3)
(a)
A legislative body may vacate a subdivision or a portion of a subdivision by recording in the county recorder’s office an ordinance describing the subdivision or the portion being vacated.
(b)
The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance.
(4)
An amended plat may not be submitted to the county recorder for recording unless it is:
(a)
signed by the land use authority; and
(b)
signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended.
