17-23-20 - Final plats of local entity boundary actions -- County surveyor approval of final plat -- Plat requirements.
17-23-20. Final plats of local entity boundary actions -- County surveyor approvalof final plat -- Plat requirements.
(1) As used in this section:
(a) "Approving authority" means the person or body required under applicable statute tosubmit to the lieutenant governor a notice of an impending boundary action, as defined in Section67-1a-6.5.
(b) (i) "Boundary action" means any action that establishes, modifies, or eliminates theboundary of a local entity, including incorporation or creation, annexation, withdrawal ordisconnection, consolidation, division, boundary adjustment, and dissolution.
(ii) "Boundary action" does not include the determination of the true location of a countyboundary under Section 17-50-105.
(c) "Final local entity plat" means a plat that meets the requirements of Subsection (4).
(d) "Local entity" has the same meaning as defined in Section 67-1a-6.5.
(2) Upon request and in consultation with the county recorder, the county surveyor ofeach county in which property depicted on a plat is located shall determine whether the plat is afinal local entity plat.
(3) (a) If a county surveyor determines that a plat meets the requirements of Subsection(4), the county surveyor shall approve the plat as a final local entity plat.
(b) The county surveyor shall indicate the approval of a plat as a final local entity plat onthe face of the final local entity plat.
(4) A plat may not be approved as a final local entity plat unless the plat:
(a) contains a graphical illustration depicting:
(i) in the case of a proposed creation or incorporation of a local entity, the boundary ofthe proposed local entity;
(ii) in the case of a proposed annexation of an area into an existing local entity, theboundary of the area proposed to be annexed;
(iii) in the case of a proposed adjustment of a boundary between local entities, theboundary of the area that the boundary adjustment proposes to move from inside the boundary ofone local entity to inside the boundary of another local entity;
(iv) in the case of a proposed withdrawal or disconnection of an area from a local entity,the boundary of the area that is proposed to be withdrawn or disconnected;
(v) in the case of a proposed consolidation of multiple local entities, the boundary of theproposed consolidated local entity; and
(vi) in the case of a proposed division of a local entity into multiple local entities, theboundary of each new local entity created by the proposed division;
(b) is created on reproducible material that is:
(i) permanent in nature; and
(ii) the size and type specified by the county recorder;
(c) is drawn to a scale so that all data are legible;
(d) contains complete and accurate boundary information, including, as appropriate, callsalong existing boundary lines, sufficient to enable:
(i) the county surveyor to establish the boundary on the ground, in the event of a disputeabout the accurate location of the boundary; and
(ii) the county recorder to identify, for tax purposes, each tract or parcel included withinthe boundary;
(e) depicts a name for the plat, approved by the county recorder, that is sufficientlyunique to distinguish the plat from all other recorded plats in the county;
(f) contains:
(i) the name of the local entity whose boundary is depicted on the plat;
(ii) the name of each county within which any property depicted on the plat is located;
(iii) the date that the plat was prepared;
(iv) a north arrow and legend;
(v) a signature block for:
(A) the signatures of:
(I) the professional land surveyor who prepared the plat; and
(II) the local entity's approving authority; and
(B) the approval of the county surveyor; and
(vi) a three-inch by three-inch block in the lower right hand corner for the countyrecorder's use when recording the plat;
(g) has been certified and signed by a professional land surveyor licensed under Title 58,Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; and
(h) has been reviewed and signed by the approving authority of the local entity whoseboundary is depicted on the plat.
(5) The county surveyor may charge and collect a reasonable fee for the costs associatedwith:
(a) the process of determining whether a plat is a final local entity plat; and
(b) the approval of a plat as a final local entity plat.
Enacted by Chapter 350, 2009 General Session