Utah Code 17-27a-208. Hearing and notice for petition to vacate a public street
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(1) For any petition to vacate some or all of a public street or county utility easement, the legislative body shall:
Terms Used In Utah Code 17-27a-208
- 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 property owner, property owner's association, public utility, 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 county a copy of the entity's general or long-range plan; or(3)(c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103
- County utility easement: means an easement that:
(11)(a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement;(11)(b) is not a protected utility easement or a public utility easement as defined in Section54-3-27 ;(11)(c) the county or the county's affiliated governmental entity owns or creates; and(11)(d)(11)(d)(i) either:(11)(d)(i)(A) no person uses or occupies; or(11)(d)(i)(B) the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or(11)(d)(ii) a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101- Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
- Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
- 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 17-27a-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 17-27a-103
(1)(a) hold a public hearing; and(1)(b) give notice of the date, place, and time of the hearing, as provided in Subsection (2).(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative body shall ensure that the notice required under Subsection (1)(b) is:(2)(a) published for the county, as a class A notice under Section 63G-30-102, for at least 10 days;(2)(b) provided to the owner of each parcel that is accessed by the public street or county utility easement; and(2)(c) mailed to each affected entity. - County utility easement: means an easement that: