(A) (1) Any written, dated and signed petition received by the County Road Department to vacate some or all of a county road rights-of-way or county utility easement shall first be reviewed by the Supervisor for compliance with the requirements of § 152.49 of this chapter. Once the Supervisor determines such compliance to his or her satisfaction after working with the petitioner(s) as the Supervisor deems necessary, the County Road Department shall transfer the original of the petition to the Planning and Zoning Commission, and at the same time, shall send a copy thereof to the legislative authority.
(2) The Planning and Zoning Commission shall hold a public hearing and give notice of the date, place and time of the hearing as follows. Prior to the public hearing, the Planning and Zoning Commission shall ensure that the notice is:
(a) Mailed at least ten days prior to the hearing to each interested person or entity as defined herein;
(b) 1. Posted on or near the segment or segments of the county road rights-of-way or county utility easement under consideration to be vacated for four consecutive weeks prior to the hearing, in a manner that is reasonably calculated to alert the public; and
2. Provided, however, in cases where snowpack, flooding, wildfire, other natural disaster or any other unexpected and disruptive event temporarily makes it not feasible to post the notice at or near the segment or segments under consideration to be vacated, then the Chairperson of the County Planning and Zoning Commission, upon the Supervisor’s recommendation, may approve that the notice be posted at a location or locations as near as feasible to the segment or segments under consideration to be vacated.
(c) Posted in three other public places for four consecutive weeks prior to the hearing;
(d) Published in a newspaper of general circulation in the county once a week for four consecutive weeks prior to the hearing;
(e) Posted on the website of the county until the public hearing concludes; and
(f) Published on the state’s Public Notice Website, created in U.C.A. § 63A-16-601, until the public hearing concludes.
(3) At the Planning and Zoning Commission public hearing on the duly noticed petition to vacate part or all of a county road rights-of-way or county utility easement, the Planning and Zoning Commission shall determine whether:
(a) Good cause exists for the vacation; and
(b) Neither the public interest nor any person will be materially injured by the proposed vacation.
(4) The Planning and Zoning Commission shall then prepare a written recommendation on the petition to vacate part or all of a county road rights-of-way or county utility easement, together with any recommended terms and conditions for such, and shall deliver the same to the legislative authority.
(B) (1) For any written recommendation received by the legislative authority from the Planning and Zoning Commission concerning a petition to vacate part or all of a county road rights-of-way or county utility easement, the legislative authority shall hold a public hearing and give notice of the date, place and time of the hearing as follows. Prior to the public hearing, the legislative authority shall ensure that the notice is:
(a) Mailed at least ten days prior to the hearing to each interested person or entity as defined herein;
(b) 1. Posted on or near the segment or segments of county road rights-of-way or county utility easement under consideration to be vacated for four consecutive weeks prior to the hearing in a manner that is reasonably calculated to alert the public; and
2. Provided, however, in cases where snowpack, flooding, wildfire, other natural disaster or any other unexpected and disruptive event temporarily makes it not feasible to post the notice at or near the segment or segments under consideration to be vacated, then the Chairperson of the legislative authority, upon the Supervisor’s recommendation, may authorize that the notice be posted at a location or locations as near as feasible to the segment or segments under consideration to be vacated.
(c) Posted in three other public places for four consecutive weeks prior to the hearing;
(d) Published in a newspaper of general circulation in the county once a week for four consecutive weeks prior to the hearing;
(e) Posted on the website of the county until the public hearing concludes; and
(f) Published on the state’s Public Notice Website, created in U.C.A. § 63A-16-601, until the public hearing concludes.
(2) At the public hearing, before the legislative authority on the duly noticed petition to vacate part or all of a county road rights-of-way or county utility easement, the legislative authority shall determine whether:
(a) Good cause exists for granting the petition in whole or in part; and
(b) Neither the public interest nor any person will be materially injured by the proposed vacation.
(3) If the legislative authority makes favorable determinations pursuant to divisions (B)(2)(a) and (B)(2)(b) above and determines to grant the petition in whole or in part, the legislative authority shall then prepare and adopt an appropriate written ordinance to vacate consistent with its determination on the petition, together with an explanation of any terms or conditions for such.
(C) If the legislative body adopts an ordinance vacating some or all of a county road rights-of-way or county utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the County Recorder:
(1) A plat reflecting the vacation and/or the ordinance of vacation; and
(2) A legal description of the county road rights-of-way or county utility easement, or segments thereof, to be vacated.
(D) Regardless of how the legislative authority decides on the petition to vacate, the legislative authority may charge and bill the petitioner(s) a reasonable fee to compensate the county for administrative costs, including costs for county employee time spent, costs for establishing, serving and mailing public hearing notices and any costs which the county may choose to incur, including, but not limited to, professional surveys, engineering, legal costs and the like, incurred in the reviewing and processing of the petition to vacate, both at the County Road Department level, the Planning and Zoning Commission level and the legislative authority level.
(Ord. 2023-4-2, passed 4-24-2023)