United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-811

A qualifying fee owner may ask the land use authority to approve a subdivision amendment, but the authority must give notice, may need to hold a hearing, and cannot approve unless required easements are preserved.

Source excerpt

development conditionseasementsland useland use noticelocal governmentmunicipal procedurenotice and hearingnotice requirementspetition noticepetition objectionsplanningplat recordationplat recordingpropertyproperty owner noticeproperty subdivisionpublic hearingpublic noticesubdivisionsubdivision amendmentsubdivision amendmentsutility facilities

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“A qualifying fee owner may ask the land use authority to approve a subdivision amendment, but the authority must give notice, may need to hold a hearing, and cannot approve unless required easements are preserved.”

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Subdivision amendments.

Section 10-20-811

Subsection 10-20-811(1)(c)(i)(A)

Refers to each affected entity that provides a service to a property owner of record for the portion of the plat being vacated or amended.

Section 10-20-811(1)(c)(i)(A)

Subsection 10-20-811(2)

A land use authority may consider an owner's subdivision amendment petition at a public meeting without the public hearing requirement, if the petition fits one of the listed lot- or plat-change conditions and notice is given to adjoining property owners.

Section 10-20-811(2)

Subsection 10-20-811(3)

A petition under Subsection (1)(a) that contains a request to amend a public street or municipal utility easement is also subject to Section 10-20-813 .

Section 10-20-811(3)

Subsection 10-20-811(5)(c)

has placed monuments as represented on the plat.

Section 10-20-811(5)(c)

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Showing 40 of 40 provisions

Amendment 22Provision 18

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-811Subdivision amendments.Amendment

Source excerpt

Subdivision amendments. A fee owner of land, as shown on the last county assessment roll, in a subdivision that has been laid out and platted as provided in this part may file a petition with the land use authority to request a subdivision amendment. Upon filing a petition to request a subdivision amendment under Subsection (1)(a) , the owner shall prepare and, if approved by the land use authority, record a plat in accordance with Section 10-20-803 that: depicts only the portion of the subdivision that is proposed to be amended; includes a plat name distinguishing the amended plat from the original plat; describes the differences between the amended plat and the original plat; and includes references to the original plat. The land use authority shall provide notice of a petition filed under Subsection (1)(a) by mail or email to: each affected entity that provides a service to a property owner of record of the portion of the plat that is being vacated or amended; and each property owner of record within the portion of the subdivision that is proposed to be amended. The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which written objections to the petition are due to the land use authority, but no earlier than 10 calendar days after the day on which the land use authority sends the notice. The land use authority shall hold a public hearing within 45 days after the day on which a petition is filed under Subsection (1)(a) if: any property owner within the subdivision that is proposed to be amended notifies the municipality of the owner's objection in writing before the deadline for objections as described in Subsection (1)(c)(ii) ; or a municipal ordinance requires a public hearing if all of the property owners within the portion of the subdivision proposed to be amended have not signed the proposed amended plat. A land use authority may approve a petition for subdivision amendment no earlier than: the day after the day on which written objections were due to the land use authority, as described in Subsection (1)(c)(ii) ; or if a public hearing is required as described in Subsection (1)(d) , the day the public hearing takes place. A land use authority may not approve a petition for a subdivision amendment under this section unless the amendment identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the subdivision. The public hearing requirement of Subsection (1)(d) does not apply and a land use authority may consider at a public meeting an owner's petition for a subdivision amendment if: the petition seeks to: join two or more of the petitioner fee owner's contiguous lots; subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: owned by the petitioner; or designated as a common area; and notice has been given to adjoining property owners in accordance with any applicable local ordinance. A petition under Subsection (1)(a) that contains a request to amend a public street or municipal utility easement is also subject to Section 10-20-813 . A petition under Subsection (1)(a) that contains a request to amend an entire plat or a portion of a plat shall include: the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and the signature of each owner described in Subsection (4)(a) who consents to the petition. A surveyor preparing an amended plat under this section shall certify that the surveyor: holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements; has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; or has referenced the original plat that created the lot boundaries being amended; and has placed monuments as represented on the plat.

Section 10-20-811Verify source

§ 10-20-811(1)Subsection 10-20-811(1)Amendment

Source excerpt

A fee owner of land, as shown on the last county assessment roll, in a subdivision that has been laid out and platted as provided in this part may file a petition with the land use authority to request a subdivision amendment. Upon filing a petition to request a subdivision amendment under Subsection (1)(a) , the owner shall prepare and, if approved by the land use authority, record a plat in accordance with Section 10-20-803 that: depicts only the portion of the subdivision that is proposed to be amended; includes a plat name distinguishing the amended plat from the original plat; describes the differences between the amended plat and the original plat; and includes references to the original plat. The land use authority shall provide notice of a petition filed under Subsection (1)(a) by mail or email to: each affected entity that provides a service to a property owner of record of the portion of the plat that is being vacated or amended; and each property owner of record within the portion of the subdivision that is proposed to be amended. The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which written objections to the petition are due to the land use authority, but no earlier than 10 calendar days after the day on which the land use authority sends the notice. The land use authority shall hold a public hearing within 45 days after the day on which a petition is filed under Subsection (1)(a) if: any property owner within the subdivision that is proposed to be amended notifies the municipality of the owner's objection in writing before the deadline for objections as described in Subsection (1)(c)(ii) ; or a municipal ordinance requires a public hearing if all of the property owners within the portion of the subdivision proposed to be amended have not signed the proposed amended plat. A land use authority may approve a petition for subdivision amendment no earlier than: the day after the day on which written objections were due to the land use authority, as described in Subsection (1)(c)(ii) ; or if a public hearing is required as described in Subsection (1)(d) , the day the public hearing takes place. A land use authority may not approve a petition for a subdivision amendment under this section unless the amendment identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the subdivision.

Section 10-20-811(1)Verify source

§ 10-20-811(1)(a)Subsection 10-20-811(1)(a)Amendment

Source excerpt

A fee owner of land may file a petition with the land use authority to request a subdivision amendment if the land is shown on the last county assessment roll and the subdivision was laid out and platted as provided in this part.

Section 10-20-811(1)(a)Verify source

§ 10-20-811(1)(b)Subsection 10-20-811(1)(b)Amendment

Source excerpt

If an owner files a petition for a subdivision amendment, the owner must prepare a plat; if the land use authority approves, the owner must record a plat that shows only the amended portion, distinguishes it from the original plat, describes the differences, and references the original plat.

Upon filing a petition to request a subdivision amendment under Subsection (1)(a) , the owner shall prepare and, if approved by the land use authority, record a plat in accordance with Section 10-20-803 that: depicts only the portion of the subdivision that is proposed to be amended; includes a plat name distinguishing the amended plat from the original plat; describes the differences between the amended plat and the original plat; and includes references to the original plat.

Section 10-20-811(1)(b)Verify source

§ 10-20-811(1)(b)(i)Subsection 10-20-811(1)(b)(i)Amendment

Source excerpt

depicts only the portion of the subdivision that is proposed to be amended;

Section 10-20-811(1)(b)(i)Verify source

§ 10-20-811(1)(b)(ii)Subsection 10-20-811(1)(b)(ii)Amendment

Source excerpt

includes a plat name distinguishing the amended plat from the original plat;

Section 10-20-811(1)(b)(ii)Verify source

§ 10-20-811(1)(b)(iii)Subsection 10-20-811(1)(b)(iii)Amendment

Source excerpt

describes the differences between the amended plat and the original plat; and

Section 10-20-811(1)(b)(iii)Verify source

§ 10-20-811(1)(b)(iv)Subsection 10-20-811(1)(b)(iv)Provision

Source excerpt

includes references to the original plat.

Section 10-20-811(1)(b)(iv)Verify source

§ 10-20-811(1)(c)Subsection 10-20-811(1)(c)Amendment

Source excerpt

The land use authority must give notice of a petition by mail or email to affected entities and property owners in the relevant area.

The land use authority shall provide notice of a petition filed under Subsection (1)(a) by mail or email to: each affected entity that provides a service to a property owner of record of the portion of the plat that is being vacated or amended; and each property owner of record within the portion of the subdivision that is proposed to be amended. The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which written objections to the petition are due to the land use authority, but no earlier than 10 calendar days after the day on which the land use authority sends the notice.

Section 10-20-811(1)(c)Verify source

§ 10-20-811(1)(c)(i)Subsection 10-20-811(1)(c)(i)Amendment

Source excerpt

The land use authority must give notice of the petition by mail or email to specified affected entities and property owners.

Section 10-20-811(1)(c)(i)Verify source

§ 10-20-811(1)(c)(i)(A)Subsection 10-20-811(1)(c)(i)(A)Amendment

Source excerpt

Refers to each affected entity that provides a service to a property owner of record for the portion of the plat being vacated or amended.

each affected entity that provides a service to a property owner of record of the portion of the plat that is being vacated or amended; and

Section 10-20-811(1)(c)(i)(A)Verify source

§ 10-20-811(1)(c)(i)(B)Subsection 10-20-811(1)(c)(i)(B)Amendment

Source excerpt

Applies to each property owner of record within the part of the subdivision proposed to be amended.

each property owner of record within the portion of the subdivision that is proposed to be amended.

Section 10-20-811(1)(c)(i)(B)Verify source

§ 10-20-811(1)(c)(ii)Subsection 10-20-811(1)(c)(ii)Provision

Source excerpt

The notice must state when written objections to the petition are due, and that deadline cannot be earlier than 10 calendar days after the land use authority sends the notice.

The notice described in Subsection (1)(c)(i)(B) shall include a deadline by which written objections to the petition are due to the land use authority, but no earlier than 10 calendar days after the day on which the land use authority sends the notice.

Section 10-20-811(1)(c)(ii)Verify source

§ 10-20-811(1)(d)Subsection 10-20-811(1)(d)Amendment

Source excerpt

The land use authority must hold a public hearing within 45 days after a petition is filed if a property owner objects in writing, or if a municipal ordinance requires the hearing because not all owners signed the proposed amended plat.

The land use authority shall hold a public hearing within 45 days after the day on which a petition is filed under Subsection (1)(a) if: any property owner within the subdivision that is proposed to be amended notifies the municipality of the owner's objection in writing before the deadline for objections as described in Subsection (1)(c)(ii) ; or a municipal ordinance requires a public hearing if all of the property owners within the portion of the subdivision proposed to be amended have not signed the proposed amended plat.

Section 10-20-811(1)(d)Verify source

§ 10-20-811(1)(d)(i)Subsection 10-20-811(1)(d)(i)Amendment

Source excerpt

A property owner in a subdivision proposed to be amended must give the municipality a written objection before the objection deadline.

any property owner within the subdivision that is proposed to be amended notifies the municipality of the owner's objection in writing before the deadline for objections as described in Subsection (1)(c)(ii) ; or

Section 10-20-811(1)(d)(i)Verify source

§ 10-20-811(1)(d)(ii)Subsection 10-20-811(1)(d)(ii)Amendment

Source excerpt

a municipal ordinance requires a public hearing if all of the property owners within the portion of the subdivision proposed to be amended have not signed the proposed amended plat.

Section 10-20-811(1)(d)(ii)Verify source

§ 10-20-811(1)(e)Subsection 10-20-811(1)(e)Amendment

Source excerpt

A land use authority may approve a subdivision amendment only after the applicable waiting point: the day after written objections were due, or, if a public hearing is required, the day the hearing takes place.

A land use authority may approve a petition for subdivision amendment no earlier than: the day after the day on which written objections were due to the land use authority, as described in Subsection (1)(c)(ii) ; or if a public hearing is required as described in Subsection (1)(d) , the day the public hearing takes place.

Section 10-20-811(1)(e)Verify source

§ 10-20-811(1)(e)(i)Subsection 10-20-811(1)(e)(i)Provision

Source excerpt

This sets a timing point: the relevant day is the day after written objections were due to the land use authority.

the day after the day on which written objections were due to the land use authority, as described in Subsection (1)(c)(ii) ; or

Section 10-20-811(1)(e)(i)Verify source

§ 10-20-811(1)(e)(ii)Subsection 10-20-811(1)(e)(ii)Provision

Source excerpt

If a public hearing is required under Subsection (1)(d), the relevant day is the day the public hearing takes place.

if a public hearing is required as described in Subsection (1)(d) , the day the public hearing takes place.

Section 10-20-811(1)(e)(ii)Verify source

§ 10-20-811(1)(f)Subsection 10-20-811(1)(f)Amendment

Source excerpt

A land use authority may not approve a subdivision-amendment petition unless the amendment identifies and preserves easements owned by a culinary water authority and a sanitary sewer authority for existing facilities in the subdivision.

A land use authority may not approve a petition for a subdivision amendment under this section unless the amendment identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the subdivision.

Section 10-20-811(1)(f)Verify source

§ 10-20-811(2)Subsection 10-20-811(2)Amendment

Source excerpt

The public hearing requirement of Subsection (1)(d) does not apply and a land use authority may consider at a public meeting an owner's petition for a subdivision amendment if: the petition seeks to: join two or more of the petitioner fee owner's contiguous lots; subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: owned by the petitioner; or designated as a common area; and notice has been given to adjoining property owners in accordance with any applicable local ordinance.

Section 10-20-811(2)Verify source

§ 10-20-811(2)(a)Subsection 10-20-811(2)(a)Provision

Source excerpt

The petition may join contiguous lots, subdivide lots if no land use ordinance or development condition is violated, adjust an internal lot restriction on a lot it owns, or alter the plat without changing certain lots owned by others or common area lots.

the petition seeks to: join two or more of the petitioner fee owner's contiguous lots; subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: owned by the petitioner; or designated as a common area; and

Section 10-20-811(2)(a)Verify source

§ 10-20-811(2)(a)(i)Subsection 10-20-811(2)(a)(i)Provision

Source excerpt

The petitioner fee owner must join two or more contiguous lots.

join two or more of the petitioner fee owner's contiguous lots;

Section 10-20-811(2)(a)(i)Verify source

§ 10-20-811(2)(a)(ii)Subsection 10-20-811(2)(a)(ii)Provision

Source excerpt

A petitioning fee owner may subdivide one or more lots if doing so does not violate a land use ordinance or development condition.

subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition;

Section 10-20-811(2)(a)(ii)Verify source

§ 10-20-811(2)(a)(iii)Subsection 10-20-811(2)(a)(iii)Provision

Source excerpt

on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or

Section 10-20-811(2)(a)(iii)Verify source

§ 10-20-811(2)(a)(iv)Subsection 10-20-811(2)(a)(iv)Provision

Source excerpt

alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: owned by the petitioner; or designated as a common area; and

Section 10-20-811(2)(a)(iv)Verify source

§ 10-20-811(2)(a)(iv)(A)Subsection 10-20-811(2)(a)(iv)(A)Provision

Source excerpt

owned by the petitioner; or

Section 10-20-811(2)(a)(iv)(A)Verify source

§ 10-20-811(2)(a)(iv)(B)Subsection 10-20-811(2)(a)(iv)(B)Provision

Source excerpt

designated as a common area; and

Section 10-20-811(2)(a)(iv)(B)Verify source

§ 10-20-811(2)(b)Subsection 10-20-811(2)(b)Provision

Source excerpt

notice has been given to adjoining property owners in accordance with any applicable local ordinance.

Section 10-20-811(2)(b)Verify source

§ 10-20-811(3)Subsection 10-20-811(3)Amendment

Source excerpt

A petition under Subsection (1)(a) that contains a request to amend a public street or municipal utility easement is also subject to Section 10-20-813 .

Section 10-20-811(3)Verify source

§ 10-20-811(4)Subsection 10-20-811(4)Amendment

Source excerpt

A qualifying petition to amend an entire plat or part of a plat must include the listed owner information and consenting owner signatures.

A petition under Subsection (1)(a) that contains a request to amend an entire plat or a portion of a plat shall include: the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and the signature of each owner described in Subsection (4)(a) who consents to the petition.

Section 10-20-811(4)Verify source

§ 10-20-811(4)(a)Subsection 10-20-811(4)(a)Provision

Source excerpt

the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and

Section 10-20-811(4)(a)Verify source

§ 10-20-811(4)(b)Subsection 10-20-811(4)(b)Provision

Source excerpt

the signature of each owner described in Subsection (4)(a) who consents to the petition.

Section 10-20-811(4)(b)Verify source

§ 10-20-811(5)Subsection 10-20-811(5)Amendment

Source excerpt

A surveyor preparing an amended plat must certify licensing, survey/boundary verification, and monument placement.

A surveyor preparing an amended plat under this section shall certify that the surveyor: holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements; has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; or has referenced the original plat that created the lot boundaries being amended; and has placed monuments as represented on the plat.

Section 10-20-811(5)Verify source

§ 10-20-811(5)(a)Subsection 10-20-811(5)(a)Provision

Source excerpt

holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

Section 10-20-811(5)(a)Verify source

§ 10-20-811(5)(b)Subsection 10-20-811(5)(b)Amendment

Source excerpt

has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements; has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; or has referenced the original plat that created the lot boundaries being amended; and

Section 10-20-811(5)(b)Verify source

§ 10-20-811(5)(b)(i)Subsection 10-20-811(5)(b)(i)Provision

Source excerpt

has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements;

Section 10-20-811(5)(b)(i)Verify source

§ 10-20-811(5)(b)(ii)Subsection 10-20-811(5)(b)(ii)Provision

Source excerpt

has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; or

Section 10-20-811(5)(b)(ii)Verify source

§ 10-20-811(5)(b)(iii)Subsection 10-20-811(5)(b)(iii)Amendment

Source excerpt

has referenced the original plat that created the lot boundaries being amended; and

Section 10-20-811(5)(b)(iii)Verify source

§ 10-20-811(5)(c)Subsection 10-20-811(5)(c)Provision

Source excerpt

has placed monuments as represented on the plat.

Section 10-20-811(5)(c)Verify source

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Utah Code § 10-20-811

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