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Terms Used In Utah Code 10-9a-608

  • Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
         (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
         (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
         (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contiguous: means :
         (2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
         (2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • 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 10-9a-103
  • Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
         (28)(a) runs with the land; and
         (28)(b)
              (28)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
              (28)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Land use authority: means :
         (31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
         (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-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 10-9a-103
  • Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
              (38)(a)(i) whether or not the lots are located in the same subdivision; and
              (38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-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 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
  • Property: includes both real and personal property. 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 10-9a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-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 10-9a-103
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-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 10-9a-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
  • Subdivision: includes :
              (68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
              (68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
              (69)(a)(i) vacates all or a portion of the subdivision;
              (69)(a)(ii) alters the outside boundary of the subdivision;
              (69)(a)(iii) changes the number of lots within the subdivision;
              (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
              (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) A fee owner of land, as shown on the last county assessment roll, in a subdivision that has been laid out and platted as provided in this part may file a written petition with the land use authority to request a subdivision amendment.
     (1)(b) Upon filing a written 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 10-9a-603 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) If a petition is filed under Subsection (1)(a), the land use authority shall provide notice of the petition by mail, email, or other effective means to each affected entity that provides a service to an owner of record of the portion of the plat that is being vacated or amended at least 10 calendar days before the land use authority may approve the petition for a subdivision amendment.
     (1)(d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if:

          (1)(d)(i) any owner within the plat notifies the municipality of the owner’s objection in writing within 10 days of mailed notification; or
          (1)(d)(ii) a public hearing is required because all of the owners in the subdivision have not signed the revised plat.
     (1)(e) 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 petitioner 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) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision;
          (2)(a)(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or
          (2)(a)(v) 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)(v)(A) owned by the petitioner; or
               (2)(a)(v)(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 municipal utility easement is also subject to Section 10-9a-609.5.
(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 the entire plat or on that portion of the plat described in the petition; and
     (4)(b) the signature of each owner described in Subsection (4)(a) who consents to the petition.
(5)

     (5)(a) The owners of record of adjoining properties where one or more of the properties is a lot may exchange title to portions of those properties if the exchange of title is approved by the land use authority as a lot line adjustment in accordance with Subsection (5)(b).
     (5)(b) The land use authority shall approve a lot line adjustment under Subsection (5)(a) if the exchange of title will not result in a violation of any land use ordinance.
     (5)(c) If a lot line adjustment is approved under Subsection (5)(b):

          (5)(c)(i) a notice of lot line adjustment approval shall be recorded in the office of the county recorder which:

               (5)(c)(i)(A) is approved by the land use authority; and
               (5)(c)(i)(B) recites the legal descriptions of both the original properties and the properties resulting from the exchange of title; and
          (5)(c)(ii) a document of conveyance shall be recorded in the office of the county recorder.
     (5)(d) A notice of approval recorded under this Subsection (5) does not act as a conveyance of title to real property and is not required in order to record a document conveying title to real property.
(6)

     (6)(a) The name of a recorded subdivision may be changed by recording an amended plat making that change, as provided in this section and subject to Subsection (6)(c).
     (6)(b) The surveyor preparing the amended plat shall certify that the surveyor:

          (6)(b)(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
          (6)(b)(ii)

               (6)(b)(ii)(A) has completed a survey of the property described on the plat in accordance with Section 17-23-17 and has verified all measurements; or
               (6)(b)(ii)(B) has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and
          (6)(b)(iii) has placed monuments as represented on the plat.
     (6)(c) An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder’s office.
     (6)(d) Except as provided in Subsection (6)(a), the recording of a declaration or other document that purports to change the name of a recorded plat is void.
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