6-1-030 Definitions

Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is mandatory and the term "may" is permissive. The following terms as used in this Code shall have the respective meanings hereinafter set forth. Alley: A public way which generally affords a secondary means of vehicular access to abutting properties and not intended for general traffic circulation. Applicant: The owner of land proposed to be subdivided or such owner's duly authorized agent. Any agent must have notarized written authorization from the owner. Block: The land surrounded by streets and other rights-of-way other than an alley, or land which is designated or shown as a block on any recorded subdivision plat or adopted plat. Building: A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. Capital Project: An organized undertaking which provides, or is intended to provide, the County with a capital asset. "Capital Asset" is defined according to generally accepted accounting principles. County: Generally, the unincorporated area of Box Elder County, but may also refer to the County as a whole. 6-1- 2 County Commission: The elected legislative body of Box Elder County. Community Development Department: The County department authorized by the County Commission to oversee the Land Use Development & Management Code. Community Development Director: The person appointed by the County Commission to perform the duties and responsibilities of Community Development Director and Zoning Administrator, as defined by County ordinances and resolutions. Condominium: The ownership of a single unit in a multi-unit project together with an undivided interest in the common areas and facilities of the property created pursuant to the Utah Condominium Ownership Act ( UCA §57-8-1 et seq. as amended ). The Code: The Box Elder County Land Use Development & Management Code as presently adopted and as amended hereafter by the County Commission. Developer: Any person, applicant, firm, partnership, corporation or association who causes improvements to be constructed, land use to be changed, or land to be subdivided for himself/herself or others. Development Review Committee: A committee comprised of the Zoning Administrator, the County Engineer, the County Surveyor, the County GIS department, the County Fire Marshal, the County Building Official, and the County Roads Supervisor. Easement: A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property. Family: One individual, or two or more persons related by blood, marriage, or adoption, living together in a single dwelling unit and maintaining a common household. A family may include four, but not more than four, non-related persons living with the residing family. The term “family” shall not be construed to mean a group of non-related individuals, a fraternity, club or institutional group. Fee Schedule: The schedule of fees adopted periodically of the County Commission setting forth various fees charged by the County. Final Plat: A map of a subdivision, required of all subdivisions, which is prepared for final approval and recordation, and which has been accurately surveyed, so that streets, alleys, blocks, lots and other divisions thereof can be identified; such plat being in 6-1- 3 conformity with the ordinances of the County and 17-27a Part 6 of the Utah Code Annotated, 2005, as amended. Financial Guarantee Agreement shall be the following as prescribed by the County a letter of credit and/or escrow or bond with a Utah Lending Financial Institution. Financial Guarantee Warranty: A promise that the materials and workmanship of improvements will comport with standards that the county has officially adopted; and will not fail in any material respect within a warranty period. Flag Lot: A lot accessed through a private driveway and located behind other properties or lot(s). Flood, One Hundred Year: A flood having a one percent chance of being equaled or exceeded in any given year. Flood, Ten Year: A flood having a 10 percent chance of being equaled or exceeded in any given year. Flood Plain, One Hundred Year: That area adjacent to a drainage channel which may be inundated by a 100-year flood as designated on the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency. General Plan: The comprehensive, long-range General Plan for proposed future development of land in the County, as provided in 17-27a-401 of the Utah Code Annotated, 2005, as amended. Land Use Authority: A body or person designated by the Box Elder County Code as the responsible party for the processing and decision-making concerning a land use application, the County General Plan, ordinance amendments, and/or variances. Lot (Legal) : A unit of land shown as a lot or parcel on a subdivision plat map, a condominium record survey map, or other record of survey map provided it is created pursuant to this Code. Lot Area: The area contained within the property lines of the individual parcels of land shown on a subdivision plat or required by this Code, excluding any area within an existing street right-of-way, or any area required as open space under this Code, and including the area of any easements. 6-1- 4 Lot, Corner: A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. Lot, Interior: A lot other than a corner lot. Lot Access Easement or Private Right-of-way: An easement or privately owned access road, reserved by the lot owner as a private access to serve interior lots not otherwise located on a street. Natural Drainage Course: Any natural watercourse which is open continuously, but may have intermittent flows, that generally allows for the flow of water in a definite direction or course. Official Map: A map drawn by Box Elder County and recorded in the County Recorder’s Office that shows actual and proposed rights-of-way for highways and other transportation facilities; Provides a basis for recommending that an applicant consider and accommodate the location of the proposed streets in the planning of a development proposal and includes the possibility of acquiring the property through purchase, gift, voluntary dedication, or eminent domain and may require the dedication and improvement of a street if the dedication if the street is found necessary by the County because of a proposed development and if the dedication and improvement is consistent with exaction law. Owner: Any person who alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property. Parcel: A contiguous quantity of real property defined by metes and bounds which has a separate property identification number according to the records of the County Recorder and is not shown on a recorded final subdivision plat. Park Strip : The area located between a street right-of-way line and the edge of asphalt or curb, but not including driveways, ditches, sidewalks, or trails. Person : An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the forgoing. Planning Commission: The Land Use Authority called the Box Elder County Planning Commission. 6-1- 5 Preliminary Plat: The initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this Code. Protection Strip: A strip of land between the boundary of a land development and a street within the land development, for the purpose of controlling the access to the street by property owners abutting the land development. Public Improvements: Streets, curb, gutter, sidewalk, water and sewer lines, storm sewers, and other similar facilities which are required to be dedicated to the County in connection with subdivision, conditional use, or site plan approval. Public Way: Any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right-of-way. Restricted Lot: Any lot which requires restrictions from development. Secondary Water System: Any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers and other non-culinary uses. Sidewalk: Any strip or section of concrete, asphalt, or other hard surface that provide an appropriate surface a minimum of four feet in width, typically located adjacent to vehicle roadways, intended for use as a walkway for pedestrians. In cases where the sidewalk abuts a curb, then the minimum width of the sidewalk shall be six feet. Reference County Standards in Article 5 for details. Small Subdivision: means a subdivision of not more than three (3) lots. Streets: A. Street - A thoroughfare which has been dedicated to the County and accepted by the County Commission, which the County has acquired by prescriptive right, deed or by dedication, or a thoroughfare which has been abandoned or made public by use and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards. B. Street, Freeway - A street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four travel lanes. C. Street, Half Street - The portion of a street within a subdivision comprising one-half of the minimum required right-of-way. 6-1- 6 D. Street, Major Arterial - A street, existing or proposed, which serves or is intended to serve as a major traffic way and is designed as a controlled-access highway, major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan. E. Street, Minor Arterial - Similar to major arterial, but considered to be of slightly less significance because of lower anticipated volume, narrower width, or service to a smaller geographic area. F. Street, Major Collector - A street, existing or proposed, which is the main means of access for adjacent development to connect with the arterial street system. G. Street, Minor Collector - A street, existing or proposed, which is supplementary to a collector street and of limited capacity which serves or is intended to serve the local needs of a neighborhood and generally connect to a major collector street. H. Street, Local - A minor street with limited capacity which provides access to abutting properties. I. Street, Private - A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as a private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of the County and maintained by the subdivider or other private agency. J. Street, Cul-de-sac – A dead-end street with a turnaround of defined length and size as per regulations found in this Code and the Public Works Standards. Subdivider: Any person(s): A. Who have an interest in land, causes it, directly or indirectly, to be divided into a subdivision or B. Who directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision, or C. Who engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease, or development a subdivision, or D. Who is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. Subdivision: Any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either by phases or upon any and all other plans, terms, and conditions. A. "Subdivision" includes: 6-1- 7 1. the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and 2. except as provided in B. 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: 1. A bona fide division or partition of agricultural land for agricultural purposes; 2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if: a. no new lot is created; and b. the adjustment does not violate applicable land use ordinances; 3. A recorded document, executed by the owner of record: a. revising the legal description of more than one contiguous un-subdivided parcel of property into one legal description encompassing all such parcels of property; or b. joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joiner does not violate applicable land use ordinances; 4. A bona fide division or partition or joining of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: a. an unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate pipeline company; or b. an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; or 5. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if: a. no new dwelling lot or housing unit will result from the adjustment: and b. the adjustment will not violate any applicable land use ordinance. c. the joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision as to the un-subdivided parcel of property or subject the un-subdivided parcel to the county's subdivision ordinance. 6-1- 8 Utilities: Includes culinary waterlines, pressure and gravity irrigation lines, sanitary and storm sewer lines, subdrains, electric power, natural gas, broadband, and telephone transmission lines, underground conduits and junction boxes. Water and Sewer Improvement Districts: Any water or sewer improvement districts existing or hereinafter organized which have jurisdiction over the land proposed for a subdivision. Zoning Administrator: The person charged with the principal responsibility for interpreting and applying the provisions of the Land Use Development & Management Code and may also be the Community Development Director.