In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a petition to vacate a public street in accordance with this section.
Terms Used In Utah Code 17-27a-609.5
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
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
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
Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
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
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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 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
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
(2)
A petition to vacate some or all of a public street or county utility easement shall include:
(a)
the name and address of each owner of record of land that is:
(i)
adjacent to the public street or county utility easement between the two nearest public street intersections; or
(ii)
accessed exclusively by or within 300 feet of the public street or county utility easement;
(b)
proof of written notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or county utility easement sought to be vacated; and
(c)
the signature of each owner under Subsection (2)(a) who consents to the vacation.
(3)
If a petition is submitted containing a request to vacate some or all of a public street or county utility easement, the legislative body shall hold a public hearing in accordance with Section 17-27a-208 and determine whether:
(a)
good cause exists for the vacation; and
(b)
the public interest or any person will be materially injured by the proposed vacation.
(4)
The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or county utility easement if the legislative body finds that:
(a)
good cause exists for the vacation; and
(b)
neither the public interest nor any person will be materially injured by the vacation.
(5)
If the legislative body adopts an ordinance vacating some or all of a public street or county utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located:
(a)
a plat reflecting the vacation; or
(b)
(i)
an ordinance described in Subsection (4); and
(ii)
a legal description of the public street to be vacated.
(6)
The action of the legislative body vacating some or all of a public street or county utility easement that has been dedicated to public use:
(a)
operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county’s fee in the vacated street, right-of-way, or easement; and
(b)
may not be construed to impair:
(i)
any right-of-way or easement of any parcel or lot owner;
(ii)
the rights of any public utility; or
(iii)
the rights of a culinary water authority or sanitary sewer authority.
(7)
(a)
A county may submit a petition, in accordance with Subsection (2), and initiate and complete a process to vacate some or all of a public street.
(b)
If a county submits a petition and initiates a process under Subsection (7)(a):
(i)
the legislative body shall hold a public hearing;
(ii)
the petition and process may not apply to or affect a public utility easement, except to the extent:
(A)
the easement is not a protected utility easement as defined in Section 54-3-27;
(B)
the easement is included within the public street; and
(C)
the notice to vacate the public street also contains a notice to vacate the easement; and
(iii)
a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat.
(8)
A legislative body may not approve a petition to vacate a public street under this section unless the vacation identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the public street.
