17-27a-603.  Plat required when land is subdivided — Approval of plat — Owner acknowledgment, surveyor certification, and underground utility facility owner verification of plat — Recording plat.

(1)  Unless exempt under Section 17-27a-605 or excluded from the definition of subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of the land shall provide an accurate plat that describes or specifies:

(a)  a subdivision name that is distinct from any subdivision name on a plat 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;

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(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 an underground facility, as defined in Section 54-8a-2, and for any other utility facility.

(2) 

(a)  Subject to Subsections (3), (4), and (5), if the plat conforms to the county’s ordinances and this part and has been approved by the culinary water authority, the sanitary sewer authority, and the local health department, as defined in Section 26A-1-102, if the local health department and the county consider the local health department’s approval necessary, the county shall approve the plat.

(b)  Counties are encouraged to receive a recommendation from the fire authority before approving a plat.

(c)  A county may not require that a plat be approved or signed by a person or entity who:

(i)  is not an employee or agent of the county;

(ii)  does not:

(A)  have a legal or equitable interest in the property within the proposed subdivision;

(B)  provide a utility or other service directly to a lot within the subdivision;

(C)  own an easement or right-of-way adjacent to the proposed subdivision who signs for the purpose of confirming the accuracy of the location of the easement or right-of-way in relation to the plat; or

(D)  provide culinary public water service whose source protection zone designated as provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision; or

(iii)  is not entitled to notice of the subdivision pursuant to Subsection 17-27a-508(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on the plat.

(3)  The county 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)  A plat may not be submitted to a county recorder for recording unless, subject to Subsection 17-27a-604(2):

(i)  prior to recordation, each owner of record of land described on the plat has signed the owner’s dedication as shown on the plat; and

(ii)  the signature of each owner described in Subsection (4)(a)(i) is acknowledged as provided by law.

(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)  To the extent possible, the surveyor shall consult with the owner or operator of an existing or proposed underground facility or utility facility within the proposed subdivision, or a representative designated by the owner or operator, to verify the accuracy of the surveyor’s depiction of the:

(A)  boundary, course, dimensions, and intended use of the public rights-of-way, a public or private easement, or grants of record;

(B)  location of an existing underground facility and utility facility; and

(C)  physical restrictions governing the location of the underground facility and utility facility within the subdivision.

(ii)  The cooperation 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 327, 2015 General Session