Chapter 18.73 AMENDING A SUBDIVISION

Chapter 18.73
AMENDING A SUBDIVISION

Sections:

18.73.010 Amendments as further subdivisions.

A petition to amend an existing subdivision such that lots are further subdivided for additional development shall proceed as an application for a new subdivision under this chapter. [Ord. 2024-1 § 1 (Exh. A).]

18.73.020 Vacating a subdivision.

The town council may vacate a subdivision or a portion of a subdivision by enacting an ordinance to that effect that describes the subdivision or the portion being vacated and recording that ordinance in the county recorder’s office. [Ord. 2024-1 § 1 (Exh. A).]

18.73.030 Immaterial amendments.

A property owner or agent of a property owner may correct minor typographical or clerical errors in a document of record by filing with the county an affidavit or other appropriate instrument. This provision does not apply to changing the name of a subdivision, which requires a material amendment described in the following provisions. [Ord. 2024-1 § 1 (Exh. A).]

18.73.040 Material amendments.

A. A fee owner of land, as shown on the last county assessment roll, in a platted subdivision may request a material subdivision amendment that does not result in the creation of new parcels by filing a written petition with the planning commission. This petition must meet all the requirements for a preliminary subdivision application specified in Section 10.2.1, with the following changes:

1. The preliminary plat (or the record of survey map, if applicable) should:

a. Depict only the portion of the subdivision that is proposed to be amended;

b. Include a plat name distinguishing the amended plat from the original plat;

c. Describe the differences between the amended plat and the original plat;

d. Include references to the original plat; and

e. Meet all the other preliminary plat requirements specified in MMC 18.68.160.

2. The petition must additionally include:

a. The name and address of each property owner affected by the petition; and

b. The signature of each of those property owners who consents to the petition; and

c. Certification from the surveyor who prepared the amended plat, according to Section 10.2.1(5)(c) of this chapter.

3. The petitioner must include with the petition envelopes addressed to each property owner in the subdivision.

B. Upon receipt of an amendment petition, the planning commission (or town staff, as delegated) shall provide notice to:

1. Each utility provider that services a parcel of the subdivision. The town shall not approve an amendment petition until at least 10 calendar days after noticing these utility providers. The town may notify the utility providers in any effective manner (email, mail, etc.).

2. Each property owner in the subdivision. The town shall notify these property owners by mail.

C. The planning commission shall hold a public hearing before approving an amendment petition and within 45 calendar days after the day on which the petition is submitted if:

1. A property owner objects in writing to the amendment within 10 days of the town notifying the property owner by mail; or

2. Not every property owner in the subdivision has signed the revised plat.

D. The planning commission may not approve a petition for a subdivision amendment unless the amendment identifies and preserves any easements owned by a culinary water authority for existing facilities located within the subdivision.

E. Notwithstanding Section 10.2.8(C)(3), the planning commission need not hold a public hearing if notice has been given to adjoining property owners in accordance with any applicable local ordinance and the petition seeks to:

1. Join two or more of the petitioner’s contiguous lots;

2. Subdivide one or more of the petitioner’s lots;

3. Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision;

4. On a lot owned by the petitioner, adjust an internal lot restriction imposed by the local political subdivision; or

5. 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.

F. The planning commission may approve the vacation or amendment of a plat by signing the amended plat showing the vacation or amendment if the planning commission finds that:

1. There is good cause for the vacation or amendment; and

2. No public or private harm; and

3. No public street or municipality utility easement has been vacated or amended.

G. If the planning commission approves the amendment petition, the planning commission shall sign the amended plat in the manner described in Section 10.2.5.

H. The petitioner shall then record the plat, subject to the completion or guarantee of any improvements, as described in Section 10.2.6, after the plat has been signed, acknowledged, and dedicated by each owner of the portion of the plat that is amended.

I. A management committee may sign and dedicate an amended plat on behalf of a condominium the committee manages as described in Utah Code Chapter 57-8. [Ord. 2024-1 § 1 (Exh. A).]

18.73.050 Lot line adjustments.

A. The fee owners of two parcels may petition to adjust the lot line separating the parcels without a subdivision amendment. Such a petition shall include:

1. A record of survey map and a metes-and-bounds description showing the adjustment.

2. An explanation of the reason for the adjustment.

3. Signatures from all the parcel owners involved in the adjustment.

4. Any other information the planning commission requests.

B. If the adjustment will not result in a violation of a land use ordinance or an adverse development condition, the planning commission shall approve the petition.

C. If the adjustment is approved, the planning commission shall sign the record of survey map and accompanying metes-and-bounds description.

D. The petitioner shall record in the county recorder’s office:

1. A notice of lot line adjustment that:

a. Is approved by the land use authority; and

b. Recited the legal descriptions of both the original properties and the properties resulting for the exchange of title; and

2. A document of conveyance.

E. The applicant may simultaneously request a variance along with a lot line adjustment in case the adjustment violates a local ordinance and would not otherwise be able to be approved. [Ord. 2024-1 § 1 (Exh. A).]