10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facilities owner approval
of plat -- Recording plat.
(1) Unless exempt under Section 10-9a-605 or excluded from the definition of
subdivision under Subsection 10-9a-103(50), whenever any land is laid out and platted, the
owner of the land shall provide an accurate plat that describes or specifies:
(a) a name or designation of the subdivision that is distinct from any plat already
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 underground facilities,
as defined in Section 54-8a-2, and for other utility facilities.
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
ordinances and this part and has been approved by the culinary water authority and the sanitary
sewer authority, the municipality shall approve the plat.
(b) Municipalities are encouraged to receive a recommendation from the fire authority
before approving a plat.
(3) The municipality 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) The owner of the land shall acknowledge the plat before an officer authorized by
law to take the acknowledgment of conveyances of real estate and shall obtain the signature of
each individual designated by the municipality.
(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) As applicable, the owner or operator of the underground and utility facilities shall
approve the:
(A) boundary, course, dimensions, and intended use of the right-of-way and easement
grants of record;
(B) location of existing underground and utility facilities; and
(C) conditions or restrictions governing the location of the facilities within the
right-of-way, and easement grants of records, and utility facilities within the subdivision.
(ii) The approval of an owner or operator under Subsection (4)(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:
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
(II) a recorded easement or right-of-way;
(III) the law applicable to prescriptive rights; or
(IV) any other provision of law.
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
land shall, within the time period 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) An owner's failure to record a plat within the time period designated by ordinance
renders the plat voidable.
Amended by Chapter 326, 2008 General Session
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Last revised: Thursday, May 28, 2009