This text of Utah § 17-79-711 (Subdivision amendments.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(1)(a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that has been laid out and platted as provided in this part may file a petition with the land use authority to request a subdivision amendment.
(1)(b) Upon filing a petition to request a subdivision amendment under Subsection (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in accordance with Section 17-79-703 that:
(1)(b)(i) depicts only the portion of the subdivision that is proposed to be amended;
(1)(b)(ii) includes a plat name distinguishing the amended plat from the original plat;
(1)(b)(iii) describes the differences between the amended plat and the original plat; and
(1)(b)(iv) includes references to the original plat.
(1)(c) (1)(c)(i) The land use author
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(1) (1)(a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that has been laid out and platted as provided in this part may file a petition with the land use authority to request a subdivision amendment.
(1)(b) Upon filing a petition to request a subdivision amendment under Subsection (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in accordance with Section 17-79-703 that:
(1)(b)(i) depicts only the portion of the subdivision that is proposed to be amended;
(1)(b)(ii) includes a plat name distinguishing the amended plat from the original plat;
(1)(b)(iii) describes the differences between the amended plat and the original plat; and
(1)(b)(iv) includes references to the original plat.
(1)(c) (1)(c)(i) The land use authority shall provide notice of a petition filed under Subsection (1)(a) by mail or email to:
(1)(c)(i)(A) each affected entity that provides a service to a property owner of record of the portion of the plat that is being amended; and
(1)(c)(i)(B) each property owner of record within the portion of the subdivision that is proposed to be amended.
(1)(c)(ii) The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which written objections to the petition are due to the land use authority, but no earlier than 10 calendar days after the day on which the land use authority sends the notice.
(1)(d) The land use authority shall hold a public hearing within 45 days after the day on which a petition is filed under Subsection (1)(a) if:
(1)(d)(i) any property owner within the subdivision that is proposed to be amended notifies the county of the owner's objection in writing by the deadline for objections, as described in Subsection (1)(c)(ii); or
(1)(d)(ii) a county ordinance requires a public hearing if all of the owners within the portion of the subdivision proposed to be amended have not signed the proposed amended plat.
(1)(e) A land use authority may approve a petition for subdivision amendment no earlier than:
(1)(e)(i) the day after the day on which written objections were due to the land authority, as described in Subsection (1)(c)(ii); or
(1)(e)(ii) if a public hearing is required as described in Subsection (1)(d), the day on which the public hearing takes place.
(1)(f) A land use authority may not approve a petition for a subdivision amendment under this section unless the amendment identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the subdivision.
(2) The public hearing requirement of Subsection (1)(d) does not apply and a land use authority may consider at a public meeting an owner's petition for a subdivision amendment if:
(2)(a) the petition seeks to:
(2)(a)(i) join two or more of the petitioning fee owner's contiguous lots;
(2)(a)(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition;
(2)(a)(iii) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or
(2)(a)(iv) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
(2)(a)(iv)(A) owned by the petitioner; or
(2)(a)(iv)(B) designated as a common area; and
(2)(b) notice has been given to adjoining property owners in accordance with any applicable local ordinance.
(3) A petition under Subsection (1)(a) that contains a request to amend a public street or county utility easement is also subject to Section 17-79-713.
(4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or a portion of a plat shall include:
(4)(a) the name and address of each owner of record of the land contained in:
(4)(a)(i) the entire plat; or
(4)(a)(ii) that portion of the plan described in the petition; and
(4)(b) the signature of each owner who consents to the petition.
(5) A surveyor preparing an amended plat under this section shall certify that the surveyor:
(5)(a) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
(5)(b) (5)(b)(i) has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements;
(5)(b)(ii) has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; or
(5)(b)(iii) has referenced the original plat that created the lot boundaries being amended; and
(5)(c) has placed monuments as represented on the plat.