A. 1. Subject to section 11-5-3 of this chapter, and provided that notice has been given pursuant to Utah Code Annotated sections 10-9a-207 and 208 and this chapter, the city council may, with or without a petition, consider and resolve any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.
2. If a petition is filed, the city council shall hold a public hearing within forty five (45) days after the petition is filed or, if applicable, within forty five (45) days after receipt of the planning commission's recommendation under subsection B of this section, if:
a. Any owner within the plat notifies the municipality of their objection in writing within ten (10) days of mailed notification; or
b. A public hearing is required because all of the owners in the subdivision have not signed the revised plat.
B. 1. The planning commission shall consider and provide a recommendation for a proposed vacation, alteration, or amendment under subsection A1 of this section before the city council takes final action.
2. 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.
C. The public hearing requirement of subsection A2 of this section does not apply and the city council may consider at a public meeting an owner's petition to alter a subdivision plat if:
1. The petition seeks to join two (2) or more of the owner's contiguous, residential lots; and
2. Notice has been given pursuant to this chapter and Utah Code Annotated sections 10-9a-207 and 208.
D. Each request to vacate or alter a street or alley, contained in a petition to vacate, alter, or amend a subdivision plat, is also subject to section 11-5-3 of this chapter.
E. 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 title 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 and section 11-5-3 of this chapter.
F. 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:
1. The name and address of all owners of record of the land contained in the entire plat;
2. The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended; and
3. The signature of each of these owners who consents to the petition.
G. 1. 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 G2 of this section.
2. The city council shall approve an exchange of title under subsection G1 of this section if the exchange of title will not result in a violation of any land use ordinance.
3. If an exchange of title is approved under subsection G2 of this section:
a. A notice of approval shall be recorded in the office of the county recorder which:
(1) Is executed by each owner included in the exchange and by the city council;
(2) Contains an acknowledgment for each party executing the notice in accordance with the provisions of Utah Code Annotated, title 57, chapter 2a, recognition of acknowledgments act; and
(3) Recites the descriptions of both the original parcels and the parcels created by the exchange of title; and
b. A conveyance of title reflecting the approved change shall be recorded in the office of the county recorder.
4. A notice of approval recorded under this subsection G 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.
H. 1. 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 H3 of this section.
2. The surveyor preparing the amended plat shall certify that the surveyor:
a. Holds a license in accordance with Utah Code Annotated, title 58, chapter 22, professional engineers and professional land surveyors licensing act;
b. Has completed a survey of the property described on the plat in accordance with state law and has verified all measurements; and
c. Has placed monuments as represented on the plat.
3. 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.
4. Except as provided in subsection H1 of this section, the recording of a declaration or other document that purports to change the name of a recorded plat is voidable. (Ord. 2006-26, 8-2-2006)