5.01.06 DEFINITIONS

The following words and phrases, as used throughout Town ordinances, shall have the following meanings. Words and phrases not defined in Town ordinances shall have the meaning defined in state law. Words and phrases not defined in Town ordinances or state law shall have their plain meaning in common usage: A. “Adjacent” means, when describing a parcel of land, a parcel that shares a boundary with the parcel of real property that is the subject of an application under this Title. For purposes of this Title, a parcel is adjacent to another if it is separated only by a public street or easement. B. “Affected entities” means a county; a municipality; a local district; a special service district under the Utah special service district act; a school district; an interlocal cooperation entity established under the interlocal cooperation act; an electrical, gas, or telephone utility as defined in §54-2-1 of Utah State Code (as amended); a property owner; a property owners' association; or the Utah Department of Transportation (UDOT), if: a. The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; b. The entity has filed with the Town a copy of the entity's general or long-range plan; or c. The entity has filed with the Town a request for notice during the same calendar year and before the Town provides required notice to an affected entity. C. “Alley” means a public thoroughfare less than 25 feet wide as through a continuous row of houses, permitting access from the street to backyards, garages, etc.; a narrow access. D. “Appeal authority” means the person or persons designated by ordinance enacted by Town to hear land use appeals under this Title. E. "Association" means the same as that term is defined in Utah Code Section 57-8a-102, as amended. F. “Architect” means a professional architect licensed in the state of Utah who exercises responsible care over the preparation and submission of materials required under this Title. G. “Boundary line adjustment” means the same as “lot line adjustment” defined in this Section. H. “Building permit” means documentation of official Town approval, in compliance with Town ordinances, allowing construction or remodeling to proceed on the property for which the permit was issued. Building permits are intended to ensure that projects comply with local standards for land use, zoning, and construction. I. “Common area" means property that an Association (as defined in Utah Code Section 57-8a102): a. Owns; b. Maintains; c. Repairs; or d. Administers. J. “Common area and facilities” means: a. The land included within the condominium project, whether leasehold or in fee simple; b. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building; c. The basements, yards, gardens, parking areas, and storage spaces; d. The premises for lodging of janitors or persons in charge of the property; e. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating; f. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; g. Such community and commercial facilities as may be provided for in the declaration; and h. All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use. K. “Conditional Use” means a land use that is permitted within a zoning district but requires special review and approval to ensure it complies with specific conditions or standards designed to mitigate potential impacts on the surrounding area. L. “Condominium” means a type of real estate ownership where an individual owns a specific unit within a larger property, such as an apartment or townhouse, while sharing ownership of common areas and amenities, such as hallways, pools, or landscaping, with other unit owners. A condominium development shall be regarded as a subdivision. M. “Construction” means the lawful placing of substantial construction materials in a permanent position, fastened in a permanent manner. N. “Development” means, on land, in or under land or water, the placement or erection of any solid material or structure; construction, reconstruction, or alteration of the size of any structure, including any facility of any private, public, or municipal utility, trail, or road. O. “Driveway” means a paved or unpaved vehicle access provided between a street or road and a parking area or a loading space. P. “Duplex” means a free-standing dwelling held in single ownership that may be offered for rent or lease, in which two dwelling units share a single common wall and roof. Q. “Easement” means a legal right granted to a person or entity to use the land of another for a specific purpose, such as access, utilities, or conservation, without owning or possessing the land. R. “Engineer” means a professional engineer licensed in the state of Utah who exercises responsible care over the preparation and submission of materials required under this Title. S. “Facility owner” means, in the context of water conveyance, an individual, entity, mutual water company, or unincorporated organization: a. Operating a water conveyance facility; b. Owning any interest in a water conveyance facility; or c. Having a property interest in real property based on the presence of the water conveyance facility located and operating on the real property. T. “Floodplain” means the area of land that marks the delineation of the 100-year flood event, as defined by the Federal Emergency Management Agency (FEMA) on its Flood Insurance Rate Map. In the absence of a FEMA delineation of the floodplain, the Town may require floodplain delineation as to a parcel of real property proposed for development via engineering modeling performed by a suitably qualified engineer or other professional. U. “Improvement Plan” means a detailed blueprint, including civil engineering plans, outlining the construction of essential infrastructure within a subdivision. This infrastructure is crucial for public health and safety, human habitation, and compliance with relevant laws and regulations. The plan is mandatory for subdivision applications and must be installed according to public standards and inspected before the subdivision plat can be officially recorded. V. “Improvement warranty” or “warranty” means, in the context of completed improvements, means an applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement complies with the Town’s written standards for design, materials, and workmanship; and will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. W. “Land use application” means an application required by the Town and submitted by a land use applicant to obtain a land use approval; this does not mean an application to enact, amend, or repeal a land use regulation. X. "Land use authority" means an individual, board, or commission appointed or employed by the Town to make land use decisions. “Land use authority” includes any appropriately authorized designees. Y. “Lot line adjustment” means the process of combining two or more lawful existing lots into a fewer number of total lots than existed prior to the boundary line adjustment; or the moving of a boundary line between two or more lots where the total number of lots after the change remains the same. Z. “Minor subdivision” means a subdivision application in which no more than six total lots are created, exclusive of common elements. AA. “Major Subdivision” means a subdivision application in which seven or more lots are created, exclusive of common elements. BB. "Period of administrative control" means the period of control described in Utah Code § 57-816.5(1), as amended. CC. “Plat” means an instrument subdividing property into lots as depicted on a map or other graphic representation of land that a licensed professional land surveyor makes and prepares in accordance with §10-9a-603 or §57-8-13 of Utah Code, as amended. DD. “Public landscaping improvement” means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: a. Will be dedicated to and maintained by the Town; or b. Is associated with and proximate to trail improvements that connect to planned or existing public infrastructure. EE. “Review cycle”, as used and further defined in Section 5.02.05(C) of this Title, means the occurrence of: a. The applicant's submittal of a complete subdivision land use application; b. The Town’s review of that subdivision land use application; c. The Town’s response to that subdivision land use application, in accordance with this section; and d. The applicant's reply to the Town’s response that addresses each of the Town’s required modifications or requests for additional information. FF. “Setback” means the minimum distance from a specified boundary that a structure or other feature must be located. GG. “Sanitary Waste Facility” means an approved form of sewage disposal, including individual septic systems, the Town sewer system (including sewer laterals), and any other human waste disposal system. HH. “State engineer's inventory of canals" means the state engineer's inventory of water conveyance systems established in Utah Code § 73-5-7. II. “Subdivider” means the person submitting a subdivision application under this Title. JJ. “Subdivision” means any land that is divided, subdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. a. Subdivision includes: i. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and ii. Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. b. Subdivision does not include: i. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance; ii. A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel; iii. A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with §10-9a-524 and §10- 9a-608 of Utah State Code (as amended) if no dwelling lot or housing unit is created and the adjustment will not violate any applicable land use ordinance; iv. A road, street, or highway dedication plat; v. A deed of easement for a road, street, or highway purpose. KK. “Subdivision amendment” means a change or modification to a recorded subdivision plat, which may include alterations to lot lines, easements, roads, or other elements of the original subdivision, and typically requires approval from the relevant local governing authority. LL. "Subdivision ordinance review" means review by the Town to verify that a subdivision land use application meets the criteria of the Town’s subdivision ordinances. MM. “Surveyor” means a professional land surveyor licensed in the state of Utah who exercises responsible care over the preparation and submission of materials required under this Title. NN. "Underground facility" means infrastructure or equipment that is buried or placed below ground level for use in the storage or conveyance of any of the following: a. Water; b. Sanitary Waste Facilities; c. Communications, including electronic photonic, telephonic, or telegraphic communications; d. Television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming; e. Electric power; f. Oil, gas, or other fluid and gaseous substances; g. Steam; h. Slurry; or i. Dangerous materials or products. OO. “Variance” means an authorization by P&Z, acting as the Land Use Authority pursuant to state law, relative to specific parcel of land for a modification of a zone’s standard height, bulk, area, width, setback, or separation requirement; as distinguished from a conditional use, the allowing of a use not listed as permitted in a zone, or any other change in zoning requirements. PP. "Water conveyance facility" means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline or other watercourse. Water conveyance facility does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility.