(A) (1) An owner of land located within a recorded subdivision may apply for a subdivision amendment to the land use authority.
(2) The application shall include a plat that:
(a) Represents only the portion of the subdivision that is proposed to be amended;
(b) Includes a plat name distinguishing the amended plat from the original plat;
(c) Describes the differences between the amended plat and the original plat; and
(d) Includes references to the original plat.
(B) Notice by mail, email or other effective means shall be sent by the land use authority to each adjoining property owner and affected entity that provides a service to the property owners of the portion of the plat that is being amended at least ten days prior to approval of the subdivision amendment by the land use authority.
(C) The land use authority shall hold a public hearing within 45 days after a complete application is submitted if:
(1) Any owner within the plat notifies the county of the owner’s objection in writing within ten days of mailed notification; or
(2) A public hearing is required because all of the owners in the subdivision have not signed the revised plat.
(D) The public hearing requirement of division (C) above does not apply, and the land use authority may consider at a public meeting the application for a subdivision amendment if:
(1) The amendment seeks to:
(a) Combine two or more lots owned by the applicant;
(b) Subdivide one or more lots owned by applicant, as long as it does not violate the land use ordinance or development conditions;
(c) Adjust the borders between lots that are next to each other or between a lot and a nearby piece of land, as long as the owners of both properties agree, even if they are not in the same subdivision;
(d) On a lot owned by the applicant, make changes to internal lot restrictions set by the county; or
(e) Change the plat in a way that does not impact the borders or other features of lots in the subdivision that are not owned by the applicant or designated as common area.
(2) Notification has been given to adjoining property owners as required by division (B) above.
(E) The applicant shall include in his or her application:
(1) The name and address of each property owner in:
(a) The entire plat; or
(b) The portion of the plat described in the application.
(2) The signature of each owner who consents to the application.
(F) (1) If owners of adjacent properties, where one or more are lots, wish to exchange portions of those properties, they can do so through a lot line adjustment, subject to approval by the land use authority as outlined in division (F)(2) below.
(2) The land use authority will grant approval for a lot line adjustment under division (F)(1) above if the title exchange does not violate any land use ordinances.
(3) Upon approval of a lot line adjustment under division (F)(2) above, the following apply.
(a) A notice of approval for the lot line adjustment must be recorded with the County Recorder. This notice should:
1. Be approved by the land use authority; and
2. Include legal descriptions of both properties involved and the properties resulting from the title exchange.
(b) A document conveying the title changes approved must be recorded with the County Recorder.
(4) The recorded notice of approval (this division (F)) does not serve as a property title conveyance and does not necessitate the recording of a document for title conveyance.
(G) (1) To alter the name of a recorded subdivision, an amended plat reflecting that change can be recorded, following the procedures outlined in this section and subject to division (G)(3) below.
(2) The surveyor responsible for the amended plat must certify that the surveyor:
(a) Holds a license in accordance with U.C.A. Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
(b) 1. Has conducted a survey of the property described on the plat in compliance with U.C.A. § 17-23-17, verifying all measurements; or
2. Has referred to a record of survey map depicting existing property boundaries on the plat and confirmed the boundary locations.
(c) Has placed monuments as indicated on the plat.
(3) A landowner is prohibited from submitting for recording an amended plat that assigns the same name to the subdivision described in the amended plat as a subdivision already recorded in the County Recorder’s Office.
(4) Recording a declaration or any other document claiming to change the name of a recorded plat, except as allowed in division (G)(1) above, is considered void.
(Ord. 2024-5-2, passed 5-13-2024)