S.B. 209

1

LAND USE, DEVELOPMENT, AND
2 MANAGEMENT ACT AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: Michael T. Morley
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions.
11 Highlighted Provisions:
12 This bill:
13 . modifies county and municipal provisions relating to the notice required for a
14 proposed subdivision or an amendment to a subdivision and makes them apply to
15 amendments only;
16 . modifies county and municipal provisions relating to a hearing and notice
17 requirement for a proposal to vacate, alter, or amend a public street or right-of-way
18 to:
19 . make the provisions apply to a proposal to vacate some or all of a public street,
20 right-of-way, or easement;
21 . replace the land use authority with the legislative body as the body responsible
22 to hold a public hearing and provide notice; and
23 . modify the notice that is required;
24 . eliminates the requirement for a planning commission recommendation on a
25 subdivision plat in certain circumstances when the planning commission is not the
26 land use authority;
27 . provides exceptions to a prohibition against separate ownership or conveyance of a

28 parcel designated as a common or community area;
29 . modifies county and municipal provisions relating to the vacation, alteration, or
30 amendment of a subdivision plat;
31 . modifies the basis upon which a land use authority may approve the vacation,
32 alteration, or amendment of a plat;
33 . modifies county and municipal provisions relating to the vacation or alteration of a
34 public street or right-of-way;
35 . repeals a redundant provision; and
36 . makes technical changes.
37 Monies Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 10-9a-207, as last amended by Laws of Utah 2006, Chapter 240
44 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
45 10-9a-604, as last amended by Laws of Utah 2006, Chapter 240
46 10-9a-606, as last amended by Laws of Utah 2007, Chapter 268
47 10-9a-608, as last amended by Laws of Utah 2006, Chapter 163
48 10-9a-609, as last amended by Laws of Utah 2007, Chapter 243
49 10-9a-609.5, as last amended by Laws of Utah 2007, Chapter 243
50 17-27a-207, as last amended by Laws of Utah 2006, Chapter 240
51 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
52 17-27a-604, as last amended by Laws of Utah 2006, Chapter 240
53 17-27a-606, as last amended by Laws of Utah 2007, Chapter 268
54 17-27a-608, as last amended by Laws of Utah 2006, Chapter 163
55 17-27a-609, as last amended by Laws of Utah 2007, Chapter 243
56 17-27a-609.5, as last amended by Laws of Utah 2007, Chapter 243
57 REPEALS:
58 10-8-8.5, as last amended by Laws of Utah 1993, Chapter 4

59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 10-9a-207 is amended to read:
62 10-9a-207. Notice for an amendment to a subdivision.
63 [(1) Except for an exempt subdivision under Section 10-9a-605 , for a proposed
64 subdivision or]
65 (1) (a) For an amendment to a subdivision, each municipality shall provide notice of
66 the date, time, and place of [a public hearing that is:] at least one public meeting, as provided in
67 Subsection (1)(b).
68 (b) At least ten calendar days before the public meeting, the notice required under
69 Subsection (1)(a) shall be:
70 [(a)] (i) mailed [not less than three calendar days before the public hearing] and
71 addressed to the record owner of each parcel within specified parameters of that property; or
72 [(b)] (ii) posted [not less than three calendar days before the public hearing,] on the
73 property proposed for subdivision, in a visible location, with a sign of sufficient size,
74 durability, and print quality that is reasonably calculated to give notice to passers-by.
75 [(2) Each municipality shall mail notice to each affected entity of a public hearing to
76 consider a preliminary plat describing a multiple-unit residential development or a commercial
77 or industrial development.]
78 [(3)] (2) Each municipality shall provide notice as required by Section 10-9a-208 for a
79 subdivision that involves a vacation, alteration, or amendment of a street.
80 Section 2. Section 10-9a-208 is amended to read:
81 10-9a-208. Hearing and notice for proposal to vacate a public street,
82 right-of-way, or easement.
83 (1) For any proposal to vacate[, alter, or amend] some or all of a public street [or],
84 right-of-way, [the land use authority] or easement, the legislative body shall:
85 (a) hold a public hearing; and [shall]
86 (b) give notice of the date, place, and time of the hearing [by:], as provided in
87 Subsection (2).
88 [(1) mailing notice as required in Section 10-9a-207 ;]
89 [(2) mailing notice]

90 (2) At least ten days before the public hearing under Subsection (1)(a), the notice
91 required under Subsection (1)(b) shall be:
92 (a) mailed to the record owner of each parcel that is accessed by the public street,
93 right-of-way, or easement;
94 (b) mailed to each affected entity; [and]
95 [(3) (a) publishing notice once a week for four consecutive weeks before the hearing]
96 (c) posted on or near the street, right-of-way, or easement in a manner that is calculated
97 to alert the public; and
98 (d) published in a newspaper of general circulation in the municipality in which the
99 land subject to the petition is located[; or].
100 [(b) if there is no newspaper of general circulation in the municipality, posting the
101 property and posting notice in three public places for four consecutive weeks before the
102 hearing.]
103 Section 3. Section 10-9a-604 is amended to read:
104 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
105 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
106 recording unless:
107 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
108 the planning commission;]
109 [(ii)] (a) the plat has been approved by:
110 [(A)] (i) the land use authority of the municipality in which the land described in the
111 plat is located; and
112 [(B)] (ii) other officers that the municipality designates in its ordinance; and
113 [(iii)] (b) all approvals are entered in writing on the plat by the designated officers.
114 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
115 authority.]
116 (2) A subdivision plat recorded without the signatures required under this section is
117 void.
118 (3) A transfer of land pursuant to a void plat is voidable.
119 Section 4. Section 10-9a-606 is amended to read:
120 10-9a-606. Common or community area parcels on a plat -- No separate

121 ownership -- Ownership interest equally divided among other parcels on plat and
122 included in description of other parcels.
123 (1) A parcel designated as a common or community area on a plat recorded in
124 compliance with this part may not be separately owned or conveyed independent of the other
125 parcels created by the plat[.] unless:
126 (a) the parcel is being acquired by the municipality for a governmental purpose; or
127 (b) the separate ownership or conveyance is approved by the owners of at least 75% of
128 the parcels on the plat, after the municipality gives its approval.
129 (2) The ownership interest in a parcel described in Subsection (1) shall:
130 (a) for purposes of assessment, be divided equally among all parcels created by the
131 plat, unless a different division of interest for assessment purposes is indicated on the plat or an
132 accompanying recorded document; and
133 (b) be considered to be included in the description of each instrument describing a
134 parcel on the plat by its identifying plat number, even if the common or community area
135 interest is not explicitly stated in the instrument.
136 Section 5. Section 10-9a-608 is amended to read:
137 10-9a-608. Vacating, altering, or amending a subdivision plat.
138 [(1) (a) Subject to Section 10-9a-609.5 , and provided that notice has been given
139 pursuant to local ordinance and Section 10-9a-208 , the land use authority may, with or without
140 a petition, consider and resolve any proposed vacation, alteration, or amendment of a
141 subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.]
142 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
143 subdivision that has been laid out and platted as provided in this part may file a written petition
144 with the land use authority to have some or all of the plat vacated, altered, or amended.
145 (b) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
146 public hearing within 45 days after the petition is filed [or, if applicable, within 45 days after
147 receipt of the planning commission's recommendation under Subsection (2),] if:
148 (i) any owner within the plat notifies the municipality of [their] the owner's objection
149 in writing within ten days of mailed notification; or
150 (ii) a public hearing is required because all of the owners in the subdivision have not
151 signed the revised plat.

152 [(2) (a) (i) The planning commission shall consider and provide a recommendation for
153 a proposed vacation, alteration, or amendment under Subsection (1)(a) before the land use
154 authority takes final action.]
155 [(ii) The planning commission shall give its recommendation within 30 days after the
156 proposed vacation, alteration, or amendment is referred to it, or as that time period is extended
157 by agreement with the applicant.]
158 [(b) Subsection (2)(a) does not apply if the planning commission has been designated
159 as the land use authority.]
160 [(3)] (2) The public hearing requirement of Subsection (1)(b) does not apply and a land
161 use authority may consider at a public meeting an owner's petition to alter a subdivision plat if:
162 (a) the petition seeks to join two or more of the owner's contiguous, residential lots;
163 and
164 (b) notice has been given to adjacent property owners and pursuant to local ordinance.
165 [(4)] (3) Each request to vacate or alter [a street or alley, contained in a petition to
166 vacate, alter, or amend] a [subdivision] plat[,] that contains a request to vacate or alter a public
167 street, right-of-way, or easement is also subject to Section 10-9a-609.5 .
168 [(5) Any fee owner, as shown on the last county assessment rolls, of land within the
169 subdivision that has been laid out and platted as provided in this part may, in writing, petition
170 to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or
171 amended as provided in this section and Section 10-9a-609.5 .]
172 [(6)] (4) Each petition to vacate, alter, or amend an entire plat[,] or a portion of a plat[,
173 or a street or lot contained in a plat] shall include:
174 (a) the name and address of [all owners] each owner of record of the land contained in
175 the entire plat; and
176 [(b) the name and address of all owners of record of land adjacent to any street that is
177 proposed to be vacated, altered, or amended; and]
178 [(c)] (b) the signature of each of these owners who consents to the petition.
179 [(7)] (5) (a) The owners of record of adjacent parcels that are described by either a
180 metes and bounds description or a recorded plat may exchange title to portions of those parcels
181 if the exchange of title is approved by the land use authority in accordance with Subsection
182 [(7)] (5)(b).

183 (b) The land use authority shall approve an exchange of title under Subsection [(7)]
184 (5)(a) if the exchange of title will not result in a violation of any land use ordinance.
185 (c) If an exchange of title is approved under Subsection [(7)] (5)(b):
186 (i) a notice of approval shall be recorded in the office of the county recorder which:
187 (A) is executed by each owner included in the exchange and by the land use authority;
188 (B) contains an acknowledgment for each party executing the notice in accordance with
189 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
190 (C) recites the descriptions of both the original parcels and the parcels created by the
191 exchange of title; and
192 (ii) a conveyance of title reflecting the approved change shall be recorded in the office
193 of the county recorder.
194 (d) A notice of approval recorded under this Subsection [(7)] (5) does not act as a
195 conveyance of title to real property and is not required for the recording of a document
196 purporting to convey title to real property.
197 [(8)] (6) (a) The name of a recorded subdivision may be changed by recording an
198 amended plat making that change, as provided in this section and subject to Subsection [(8)]
199 (6)(c).
200 (b) The surveyor preparing the amended plat shall certify that the surveyor:
201 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
202 Professional Land Surveyors Licensing Act;
203 (ii) has completed a survey of the property described on the plat in accordance with
204 Section 17-23-17 and has verified all measurements; and
205 (iii) has placed monuments as represented on the plat.
206 (c) An owner of land may not submit for recording an amended plat that gives the
207 subdivision described in the amended plat the same name as a subdivision in a plat already
208 recorded in the county recorder's office.
209 (d) Except as provided in Subsection [(8)] (6)(a), the recording of a declaration or other
210 document that purports to change the name of a recorded plat is voidable.
211 Section 6. Section 10-9a-609 is amended to read:
212 10-9a-609. Land use authority consideration of petition to vacate or change a plat
213 -- Criteria for vacating or changing a plat -- Recording the vacation or change.

214 [(1) If the land use authority is satisfied that neither the public interest nor any person
215 will be materially injured by the proposed vacation, alteration, or amendment, and that there is
216 good cause for the vacation, alteration, or amendment, the land use authority may vacate, alter,
217 or amend the plat or any portion of the plat, subject to Section 10-9a-609.5 .]
218 [(2)] (1) The land use authority may approve the vacation, alteration, or amendment of
219 a plat by signing an amended plat showing the vacation, alteration, or amendment[.] if the land
220 use authority finds that:
221 (a) there is good cause for the vacation, alteration, or amendment; and
222 (b) no public street, right-of-way, or easement has been vacated or altered.
223 [(3)] (2) The land use authority shall ensure that the amended plat showing the
224 vacation, alteration, or amendment is recorded in the office of the county recorder in which the
225 land is located.
226 [(4)] (3) If an entire subdivision is vacated, the legislative body shall ensure that a
227 legislative body resolution containing a legal description of the entire vacated subdivision is
228 recorded in the county recorder's office.
229 Section 7. Section 10-9a-609.5 is amended to read:
230 10-9a-609.5. Vacating a street, right-of-way, or easement.
231 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
232 include:
233 (a) the name and address of each owner of record of land that is:
234 (i) adjacent to the public street, right-of-way, or easement; or
235 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
236 easement; and
237 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
238 [(1) (a)] (2) If a petition is submitted containing a request to vacate [or alter any
239 portion] some or all of a street [or alley within a subdivision: (i) the planning commission
240 shall, after providing notice pursuant to local ordinance and Section 10-9a-208 , make a
241 recommendation to the land use authority concerning the request to vacate or alter; and (ii) the
242 land use authority], right-of-way, or easement, the legislative body shall hold a public hearing
243 in accordance with Section 10-9a-208 and determine whether:
244 (a) good cause exists for the vacation [or alteration.]; and

245 [(b) Subsection (1)(a)(i) does not apply if the planning commission has been
246 designated as a land use authority.]
247 [(2) If the land use authority vacates or alters any portion of a street or alley, the land
248 use authority]
249 (b) the public interest or any person will be materially injured by the proposed
250 vacation.
251 (3) The legislative body may adopt an ordinance granting a petition to vacate some or
252 all of a public street, right-of-way, or easement if the legislative body finds that:
253 (a) good cause exists for the vacation; and
254 (b) neither the public interest nor any person will be materially injured by the vacation.
255 (4) If the legislative body adopts an ordinance vacating some or all of a public street,
256 right-of-way, or easement, the legislative body shall ensure that [the] a plat reflecting the
257 vacation is recorded in the office of the recorder of the county in which the land is located.
258 [(3)] (5) The action of the [land use authority vacating or narrowing a street or alley]
259 legislative body vacating some or all of a street, right-of-way, or easement that has been
260 dedicated to public use [shall operate]:
261 (a) operates to the extent to which it is vacated [or narrowed], upon the effective date
262 of the [vacating] recorded plat, as a revocation of the acceptance [thereof,] of and the
263 relinquishment of the [city's fee therein, but the right-of-way and easements therein, if any,]
264 municipality's fee in the vacated street, right-of-way, or easement; and
265 (b) may not be construed to impair:
266 (i) any right-of-way or easement of any lot owner [and]; or
267 (ii) the franchise rights of any public utility [may not be impaired thereby].
268 Section 8. Section 17-27a-207 is amended to read:
269 17-27a-207. Notice for an amendment to a subdivision.
270 [(1) Except for an exempt subdivision under Section 17-27a-605 , for a proposed
271 subdivision or]
272 (1) (a) For an amendment to a subdivision, each county shall provide notice of the date,
273 time, and place of [a public hearing that is:] at least one public meeting, as provided in
274 Subsection (1)(b).
275 (b) At least ten calendar days before the public meeting, the notice required under

276 Subsection (1)(a) shall be:
277 [(a)] (i) mailed [not less than three calendar days before the public hearing] and
278 addressed to the record owner of each parcel within specified parameters of that property; or
279 [(b)] (ii) posted [not less than three calendar days before the public hearing,] on the
280 property proposed for subdivision, in a visible location, with a sign of sufficient size,
281 durability, and print quality that is reasonably calculated to give notice to passers-by.
282 [(2) Each county shall mail notice to each affected entity of a public hearing to
283 consider a preliminary plat describing a multiple-unit residential development or a commercial
284 or industrial development.]
285 [(3)] (2) Each county shall provide notice as required by Section 17-27a-208 for a
286 subdivision that involves a vacation, alteration, or amendment of a street.
287 Section 9. Section 17-27a-208 is amended to read:
288 17-27a-208. Hearing and notice for proposal to vacate a public street,
289 right-of-way, or easement.
290 (1) For any proposal to vacate[, alter, or amend] some or all of a public street [or],
291 right-of-way, [the land use authority], or easement, the legislative body shall:
292 (a) hold a public hearing; and [shall]
293 (b) give notice of the date, place, and time of the hearing [by:], as provided in
294 Subsection (2).
295 [(1) mailing notice as required in Section 17-27a-207 ;]
296 [(2) mailing notice]
297 (2) At least ten days before the public hearing under Subsection (1)(a), the notice
298 required under Subsection (1)(b) shall be:
299 (a) mailed to the record owner of each parcel that is accessed by the public street,
300 right-of-way, or easement;
301 (b) mailed to each affected entity; [and]
302 (c) posted on or near the street, right-of-way, or easement in a manner that is calculated
303 to alert the public; and
304 [(3) (a) publishing notice once a week for four consecutive weeks before the hearing]
305 (d) published in a newspaper of general circulation in the county in which the land
306 subject to the petition is located[; or].

307 [(b) if there is no newspaper of general circulation in the county, posting the property
308 and posting notice in three public places for four consecutive weeks before the hearing.]
309 Section 10. Section 17-27a-604 is amended to read:
310 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
311 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
312 recording unless:
313 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
314 the planning commission;]
315 [(ii)] (a) the plat has been approved by:
316 [(A)] (i) the land use authority of the county in whose unincorporated area the land
317 described in the plat is located; and
318 [(B)] (ii) other officers that the county designates in its ordinance; and
319 [(iii)] (b) all approvals are entered in writing on the plat by designated officers.
320 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
321 authority.]
322 (2) A plat recorded without the signatures required under this section is void.
323 (3) A transfer of land pursuant to a void plat is voidable.
324 Section 11. Section 17-27a-606 is amended to read:
325 17-27a-606. Common or community area parcels on a plat -- No separate
326 ownership -- Ownership interest equally divided among other parcels on plat and
327 included in description of other parcels.
328 (1) A parcel designated as a common or community area on a plat recorded in
329 compliance with this part may not be separately owned or conveyed independent of the other
330 parcels created by the plat[.] unless:
331 (a) the parcel is being acquired by the county for a governmental purpose; or
332 (b) the separate ownership or conveyance is approved by the owners of at least 75% of
333 the parcels on the plat, after the county gives its approval.
334 (2) The ownership interest in a parcel described in Subsection (1) shall:
335 (a) for purposes of assessment, be divided equally among all parcels created by the
336 plat, unless a different division of interest for assessment purposes is indicated on the plat or an
337 accompanying recorded document; and

338 (b) be considered to be included in the description of each instrument describing a
339 parcel on the plat by its identifying plat number, even if the common or community area
340 interest is not explicitly stated in the instrument.
341 Section 12. Section 17-27a-608 is amended to read:
342 17-27a-608. Vacating, altering, or amending a subdivision plat.
343 [(1) (a) Subject to Section 17-27a-609.5 , and provided that notice has been given
344 pursuant to local ordinance and Section 17-27a-208 , the land use authority may, with or
345 without a petition, consider and resolve any proposed vacation, alteration, or amendment of a
346 subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.]
347 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
348 subdivision that has been laid out and platted as provided in this part may file a written petition
349 with the land use authority to have some or all of the plat vacated, altered, or amended.
350 (b) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
351 public hearing within 45 days after the petition is filed [or, if applicable, within 45 days after
352 receipt of the planning commission's recommendation under Subsection (2),] if:
353 (i) any owner within the plat notifies the county of [their] the owner's objection in
354 writing within ten days of mailed notification; or
355 (ii) a public hearing is required because all of the owners in the subdivision have not
356 signed the revised plat.
357 [(2) (a) (i) The planning commission shall consider and provide a recommendation for
358 a proposed vacation, alteration, or amendment under Subsection (1)(a) before the land use
359 authority takes final action.]
360 [(ii) The planning commission shall give its recommendation within 30 days after the
361 proposed vacation, alteration, or amendment is referred to it, or as that time period is extended
362 by agreement with the applicant.]
363 [(b) Subsection (2)(a) does not apply if the planning commission has been designated
364 as the land use authority.]
365 [(3)] (2) The public hearing requirement of Subsection (1)(b) does not apply and a land
366 use authority may consider at a public meeting an owner's petition to alter a subdivision plat if:
367 (a) the petition seeks to join two or more of the owner's contiguous, residential lots;
368 and

369 (b) notice has been given to adjacent property owners and pursuant to local ordinance.
370 [(4)] (3) Each request to vacate or alter [a street or alley, contained in a petition to
371 vacate, alter, or amend] a [subdivision] plat[,] that contains a request to vacate or alter a public
372 street, right-of-way, or easement is also subject to Section 17-27a-609.5 .
373 [(5) Any fee owner, as shown on the last county assessment rolls, of land within the
374 subdivision that has been laid out and platted as provided in this part may, in writing, petition
375 to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or
376 amended as provided in this section and Section 17-27a-609.5 .]
377 [(6)] (4) Each petition to vacate, alter, or amend an entire plat[,] or a portion of a plat[,
378 or a street or lot contained in a plat] shall include:
379 (a) the name and address of [all owners] each owner of record of the land contained in
380 the entire plat; and
381 [(b) the name and address of all owners of record of land adjacent to any street that is
382 proposed to be vacated, altered, or amended; and]
383 [(c)] (b) the signature of each of these owners who consents to the petition.
384 [(7)] (5) (a) The owners of record of adjacent parcels that are described by either a
385 metes and bounds description or a recorded plat may exchange title to portions of those parcels
386 if the exchange of title is approved by the land use authority in accordance with Subsection
387 [(7)] (5)(b).
388 (b) The land use authority shall approve an exchange of title under Subsection [(7)]
389 (5)(a) if the exchange of title will not result in a violation of any land use ordinance.
390 (c) If an exchange of title is approved under Subsection [(7)] (5)(b):
391 (i) a notice of approval shall be recorded in the office of the county recorder which:
392 (A) is executed by each owner included in the exchange and by the land use authority;
393 (B) contains an acknowledgment for each party executing the notice in accordance with
394 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
395 (C) recites the descriptions of both the original parcels and the parcels created by the
396 exchange of title; and
397 (ii) a conveyance of title reflecting the approved change shall be recorded in the office
398 of the county recorder.
399 (d) A notice of approval recorded under this Subsection [(7)] (5) does not act as a

400 conveyance of title to real property and is not required for the recording of a document
401 purporting to convey title to real property.
402 [(8)] (6) (a) The name of a recorded subdivision may be changed by recording an
403 amended plat making that change, as provided in this section and subject to Subsection [(8)]
404 (6)(c).
405 (b) The surveyor preparing the amended plat shall certify that the surveyor:
406 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
407 Professional Land Surveyors Licensing Act;
408 (ii) has completed a survey of the property described on the plat in accordance with
409 Section 17-23-17 and has verified all measurements; and
410 (iii) has placed monuments as represented on the plat.
411 (c) An owner of land may not submit for recording an amended plat that gives the
412 subdivision described in the amended plat the same name as a subdivision in a plat already
413 recorded in the county recorder's office.
414 (d) Except as provided in Subsection [(8)] (6)(a), the recording of a declaration or other
415 document that purports to change the name of a recorded plat is voidable.
416 Section 13. Section 17-27a-609 is amended to read:
417 17-27a-609. Land use authority consideration of petition to vacate or change a
418 plat -- Criteria for vacating or changing a plat -- Recording the vacation or change.
419 [(1) If the land use authority is satisfied that neither the public interest nor any person
420 will be materially injured by the proposed vacation, alteration, or amendment, and that there is
421 good cause for the vacation, alteration, or amendment, the land use authority may vacate, alter,
422 or amend the plat or any portion of the plat, subject to Section 17-27a-609.5 .]
423 [(2)] (1) The land use authority may approve the vacation, alteration, or amendment of
424 a plat by signing an amended plat showing the vacation, alteration, or amendment[.] if the land
425 use authority finds that:
426 (a) there is good cause for the vacation, alteration, or amendment; and
427 (b) no public street, right-of-way, or easement has been vacated or altered.
428 [(3)] (2) The land use authority shall ensure that the amended plat showing the
429 vacation, alteration, or amendment is recorded in the office of the county recorder in which the
430 land is located.

431 [(4)] (3) If an entire subdivision is vacated, the legislative body shall ensure that a
432 legislative body resolution containing a legal description of the entire vacated subdivision is
433 recorded in the county recorder's office.
434 Section 14. Section 17-27a-609.5 is amended to read:
435 17-27a-609.5. Vacating a street, right-of-way, or easement.
436 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
437 include:
438 (a) the name and address of each owner of record of land that is:
439 (i) adjacent to the public street, right-of-way, or easement; or
440 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
441 easement; and
442 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
443 [(1) (a)] (2) If a petition is submitted containing a request to vacate [or alter any
444 portion] some or all of a street [or alley within a subdivision: (i) the planning commission
445 shall, after providing notice pursuant to local ordinance and Section 17-27a-208 , make a
446 recommendation to the land use authority concerning the request to vacate or alter; and (ii) the
447 land use authority], right-of-way, or easement, the legislative body shall hold a public hearing
448 in accordance with Section 17-27a-208 and determine whether:
449 (a) good cause exists for the vacation [or alteration.]; and
450 [(b) Subsection (1)(a)(i) does not apply if the planning commission has been
451 designated as a land use authority.]
452 [(2) If the land use authority vacates or alters any portion of a street or alley, the land
453 use authority shall]
454 (b) the public interest or any person will be materially injured by the proposed
455 vacation.
456 (3) The legislative body may adopt an ordinance granting a petition to vacate some or
457 all of a public street, right-of-way, or easement if the legislative body finds that:
458 (a) good cause exists for the vacation; and
459 (b) neither the public interest nor any person will be materially injured by the vacation.
460 (4) If the legislative body adopts an ordinance vacating some or all of a public street,
461 right-of-way, or easement, the legislative body shall ensure that [the] a plat reflecting the

462 vacation is recorded in the office of the recorder of the county in which the land is located.
463 [(3)] (5) The action of the [land use authority vacating or narrowing a street or alley]
464 legislative body vacating some or all of a street, right-of-way, or easement that has been
465 dedicated to public use [shall operate]:
466 (a) operates to the extent to which it is vacated [or narrowed], upon the effective date
467 of the [vacating] recorded plat, as a revocation of the acceptance [thereof,] of and the
468 relinquishment of the county's fee [therein, but the right-of-way and easements therein, if any,]
469 in the vacated street, right-of-way, or easement; and
470 (b) may not be construed to impair:
471 (i) any right-of-way or easement of any lot owner [and]; or
472 (ii) the franchise rights of any public utility [may not be impaired thereby].
473 Section 15. Repealer.
474 This bill repeals:
475 Section 10-8-8.5, Effect of vacation or narrowing of street or alley.




Legislative Review Note
as of 2-13-09 12:23 PM

Office of Legislative Research and General Counsel