H.B. 234

1

AMENDMENTS TO SUBDIVISION ACT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO CITIES AND TOWNS S AND COUNTIES s ; MODIFYING THE NOTICE
6 REQUIREMENT FOR A PLAT CHANGE; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 10-9-809, as last amended by Chapter 179, Laws of Utah 1995
9a S 17-27-809, as last amended by Chapter 179, Laws of Utah 1995 s
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 10-9-809 is amended to read:
12 10-9-809. Notice of hearing for plat change.
13 (1) (a) Except as provided in Subsection (3), the responsible body or officer shall give
14 notice of the proposed plat change by mailing the notice to [all owners referred to in Section
15 10-9-808] each owner of property located within 300 feet of the property that is the subject of the
16 proposed plat change, addressed to [their] the owner's mailing [addresses] address appearing on
17 the rolls of the county assessor of the county in which the land is located.
18 (b) The responsible body or officer shall ensure that the notice includes:
19 (i) a statement that anyone objecting to the proposed plat change must file a written
20 objection to the change within ten days of the date of the notice;
21 (ii) a statement that if no written objections are received by the responsible body or officer
22 within the time limit, no public hearing will be held; and
23 (iii) the date, place, and time when a hearing will be held, if one is required, to consider
24 a vacation, alteration, or amendment without a petition when written objections are received or to
25 consider any petition that does not include the consent of all land owners as required by Section
26 10-9-808.
Text Box

Amend on 2_goldenrod February 14, 1997 27 (2) If the proposed change involves the vacation, alteration, or amendment of a street, the

1 responsible body or officer shall give notice of the date, place, and time of the hearing by:
2 (a) mailing notice as required in Subsection (1); and
3 [(b) either:]
4 (b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
5 a newspaper of general circulation in the municipality in which the land subject to the petition is
6 located; or
7 (ii) if there is no newspaper of general circulation in the municipality, [post] posting the
8 notice for four consecutive weeks before the hearing in three public places in that municipality.
9 (3) Municipalities operating under the council-mayor form of municipal government need
10 not comply with this section.
10a S Section 2. Section 17-27-809 is amended to read:
10b 17-27-809. Notice of hearing for plat change.
10c (1) (a) The responsible body or officer shall give notice of the proposed plat change by mailing
10d the notice to [all owners referred to in Section 10-9-808] EACH OWNER OF PROPERTY LOCATED
10e WITHIN 300 FEET OF THE PROPERTY THAT IS THE SUBJECT OF THE PROPOSED PLAT CHANGE,
10f addressed to [their] THE OWNER'S mailing addresses appearing on the rolls of the county assessor of
10g the county in which the land is located.
10h (b) The responsible body or officer shall ensure that the notice includes:
10i (i) a statement that anyone objecting to the proposed plat change must file a written objection to
10j the change within ten days of the date of the notice;
10k (ii) a statement that if no written objections are received by the legislative body within the time
10l limit, no public hearing will be held; and
10m (iii) the date, place, and time when a hearing will be held, if one is required, to consider a
10n vacation, alteration, or amendment without a petition when written objections are received or to
10o consider any petition that does not include the consent of all land owners as required by Section
10p 17-27-808.
10q (2) If the proposed change involves the vacation, alteration, or amendment of a street, the
10r responsible body or officer shall give notice of the date, place, and time of the hearing by:
10s (a) mailing notice as required in Subsection (1); and
10t [(b) either:]
10u (b) (i) publishing the notice once a week for four consecutive weeks before the hearing in a
10v newspaper of general circulation in the county in which the land subject to the petition is located; or
10w (ii) if there is no newspaper of general circulation in the county, [post] POSTING the notice
Text Box

Amend on 2_goldenrod February 14, 1997 10x for four consecutive weeks before the hearing in three public places in that county. s

- 2 -



Legislative Review Note
as of 1-9-97 9:18 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel