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18.10.010. Vacating or amending requirements

            (1)        (a)        Subject to ordinance, and provided that notice has been given pursuant to local ordinance and Section 18.07.010 of this Title, the City Council may, with or without petition, consider and resolve any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision plat.

                        (b)        If a petition is filed, the City Council shall hold a public hearing within forty-five (45) days after receipt of the Planning Commission's recommendation under Subsection (2) if:

                                    (i)         the plat change includes the vacation of a public street or alley;

                                    (ii)        the owner within the plat notifies the City of their objection in writing within ten (10) days of mailed notification; or

                                    (iii)       a public hearing is required because all of the owners in the subdivision have not signed the revised plat.

            (2)        (a)        The Planning Commission shall consider and provide a recommendation for proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), before the City Council takes final action.

                        (b)        The Planning Commission shall give its recommendation within thirty (30) days after the proposed vacation, alteration, or amendment is referred to it, or as that time period is extended by agreement with the applicant.

            (3)        Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this part may, in writing, petition to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this Section.

            (4)        Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:

                        (a)        the name and address of all owners of record of the land contained in the entire plat;

                        (b)        the name and address of all owners of record of the land adjacent to any street that is proposed to be vacated, altered, or amended; and

                        (c)        the signature of each of these owners who consents to the petition.

            (5)        (a)        A petition that lacks the consent of all owners referred to in Subsection (4) may not be scheduled for consideration at a public hearing before the Planning Commission until notice required by Section 18.07.010 as applicable is given.

                        (b)        The petitioner shall pay the cost of the notice.

            (6)        Subject to Subsection (2), if the applicant proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in the subdivision plat, the Planning Commission shall consider the issue at a public hearing after giving the notice required by Section 18.07.010 of this Title.

            (7)        (a)        The owners of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat may exchange title to portions of those parcels if the exchange of title is approved by the City Council in accordance with Subsection (7)(b).

                        (b)        The City Council shall approve an exchange of title under Subsection (7)(a) if:

                                    (i)         no new dwelling lot or housing unit will result from the exchange of title; and

                                    (ii)        the exchange of title will not result in a violation of any land use ordinances.

                        (c)        If an exchange of title is approved under Subsection (7)(b), a notice of approval shall be recorded in the office of the County Recorder which:

                                    (i)         is executed by each owner included in the exchange and by the City Council;

                                    (ii)        contains an acknowledgement for each party executing the notice in accordance with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgements Act; and

                                    (iii)       recites the descriptions of both the original parcels created by the exchange of title.

                        (d)        A notice of approval recorded under this Subsection (7) does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property.

            (8)        (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 (8)(c).

                        (b)        The surveyor preparing the amended 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, Utah Code (as amended), and has verified all measurements; and

                                    (iii)       has placed monuments as represented on the plat.

                        (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 Davis County Recorder's office.

                        (d)        Except as provided in Subsection (8)(a), the recording of a declaration or other document that purports to change the name of a recorded plat is void.


Ord. No. 07-25, Enacted, 7/5/2007

Municipal Code (PDF Format)



 
 
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