A. Applicability: The land use authority, county manager, or county council may, with or without petition, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of such subdivision plat, or any road or lot contained in such plat.
B. Plat Amendments Other Than Those In Subsections C, D And E Of This Section: Plat amendments that result in the combination of lots, adjusting building pads, changing subdivision titles, altering plat notes in any way, and all others that do not affect a public or private road and are not addressed in subsections C, D and E of this section shall be considered in the following manner:
1. Land Use Authority: The planning commission shall be the land use authority for all of the above mentioned plat amendments.
2. Public Hearing: The planning commission shall hold a public hearing prior to its decision and shall approve, approve with conditions, or deny the plat amendment.
3. Notice: Notice of the planning commission public hearing shall be given in compliance with subsection F of this section.
C. Plat Amendment Altering A Private Road Located On A Subdivision Plat:
1. The planning commission shall hold a public hearing prior to its decision, and shall make a recommendation to the county manager.
2. The county manager shall approve, approve with conditions, or deny the plat amendment.
3. Notice of the public hearing shall be given in compliance with subsection F of this section.
D. Plat Amendments That Alter A Public Road Shown On A Subdivision Plat:
1. The planning commission shall hold a public hearing and shall thereafter make a recommendation to the county council.
2. The county council shall hold a public hearing and approve, approve with conditions, or deny the plat amendment.
3. Notice of the public hearing shall be given in compliance with subsection F of this section.
E. Plat Amendments That Result In Adjusting And/Or Altering Lot Lines Within A Platted Subdivision:
1. Land Use Authority: The CDD shall be the land use authority for all plat amendments resulting in adjusting and/or altering lot lines within a platted subdivision.
2. Public Hearing: In proposals where the CDD determines that potential issues may arise or additional comment is needed from the community, a public hearing may be scheduled with the planning commission. Following the public hearing, the planning commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the plat amendment.
F. Noticing Of Public Hearing For Plat Amendments, As Required:
1. The CDD or designated planning staff member shall give notice of the proposed plat amendment and associated public hearing. Notice shall be mailed to each owner of property located within three hundred feet (300') and may be mailed to each owner of property located within one thousand feet (1,000'). Mailed notice may be sent to all owners within the affected plat and the affected homeowners' association. The notice shall fulfill the requirements of the Utah code, as amended.
2. If the proposed plat amendment involves the vacation, alteration, or amendment of a road, the CDD or designated planning staff member shall give notice of the date, place, and time of the public hearing by:
a. Mailing notice as required in subsection F1 of this section; and
b. For public roads, publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation.
G. General Criteria:
1. Upon approval of the plat amendment the following signatures are required on the final plat: land use authority, chief executive officer (only required for plat amendments that alter a private road shown on a subdivision plat), legislative body (only required for plat amendments that alter a public road shown on a subdivision plat), county recorder, county engineer, county attorney, and County Treasurer. A "certificate of consent" from any and all mortgagors, lienholders, or others with a real property interest in the affected parcels is also required.
2. Once the application is approved and all applicable signatures are obtained, the plat amendments shall be recorded in the records of the county recorder.
3. If a petition is filed, and a public hearing is required, the appropriate land use authority and/or chief executive officer shall hold the public hearing within forty five (45) days after a complete application is filed.
4. 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 section may, in writing, petition to have the plat, any portion of it, or any road or lot contained in it, vacated, altered or amended, as provided in this section.
a. At the director's discretion, the public hearing requirement may be waived for plat amendments if the following criteria are met:
(1) The name and address and consenting signatures of all owners of record of the land contained in the entire plat are submitted with the application; and
(2) The name and address and consenting signatures of all owners of record of land adjacent to any road that is proposed to be vacated, altered or amended is submitted with the application.
H. Vacation By County Manager Or County Council: When the county manager or county council proposes to vacate, alter or amend a subdivision plat, or any road or lot contained in a subdivision plat, he/she shall consider the issue at a public hearing after giving the notice required by this section.
I. Grounds For Vacating Or Changing A Plat:
1. If the county manager or land use authority is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the county manager or land use authority may vacate, alter or amend the plat, any portion of the plat, or any road or lot.
2. No plat amendment shall be approved which results in an increase in density.
J. Appeal: An aggrieved party may appeal the director's decision to the county council. An aggrieved party may appeal the planning commission's decision to the county council. An aggrieved party may appeal the county manager's decision to alter or amend a road to the county council. An aggrieved party may appeal the county manager's decision to vacate a road within a subdivision or the county council's decision to vacate a road within a subdivision to the district court as provided in the Utah code, as amended. (Ord. 742, 5-26-2010; amd. Ord. 937, 5-14-2022)