13-10-2. Filing of a petition to vacate, alter, or amend a plat – Notice .

(1) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a road or lot contained in a plat shall include:

(a) the name and address of all owners of record of the land contained in the entire plat;

(b) the name and address of all owners of record of land adjacent to any road that is proposed to be vacated, altered, or amended; and

(c) the signature of each of these owners who consents to the petition.

(2) A petition that lacks the consent of all owners may not be scheduled for consideration at a public hearing before the planning commission until the following notice is given:

(a) Notice shall be provided of the date, time, and place of a public hearing and shall be:

(i) mailed not less than five calendar days before the public hearing and addressed to the record owner of each parcel within specified parameters of that property; or

(ii) posted not less than five calendar days before the public hearing, on the property in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.

(b) For any proposal to vacate, alter, or amend a platted street, the planning commission shall give notice of a public hearing with the date, place, and time of the hearing by:

(i) mailing notice as required in Section (a)(i) above;

(ii) mailing notice to each affected entity; and

(iii) publishing notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the county.

(c) The county shall mail notice to each affected entity of a public hearing to consider a multiple-unit residential development or a commercial or industrial development.

(3) The petitioner shall pay the costs of the notice.

(4) Subject to Subsection (1), if the planning commission proposes to vacate, alter, or amend a subdivision plat or any road or lot contained in a subdivision plat, they shall consider the issue at a public hearing after giving the notice required by this section.

(5) The name of a recorded subdivision may be changed by recording an amended plat making that change, if the new name has been cleared and approved by the county recorder. The recording of all other declaration or document that purports to change the name of a recorded plat is void. (Reference §17-27a-207, 17-27a-208 UCA, 17-27a-608, Ord.2005-21, 09/6/05)