12.013 DEFINITIONS

This ordinance shall be interpreted using the definitions provided in the Zoning Ordinance, LUDMA [UCA 10-20-103, UCA 10-20-604(1), UCA 10-20-604(2)] in addition to, or as modified by the following: ACCEPTANCE. Actions of the Town to take ownership of rights of way dedicated to public use as shown on the subdivision plot or other recordable downward. ADMINSTRATIVE LAND USE AUTHORITY (ALUA). The individual, board, or commission formally appointed or employed by the Town, including staff or the Planning Commission. The ALUA does not include the Town Council or a member of the Town Council. COUNTY. Garfield County, State of Utah, United States of America. DEDICATION. Action of the developer to transfer ownership and control of rights of way shown on the subdivision plot or other recordable elements from private to public ownership. EASEMENT. An interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person’s property. CANNONVILLE TOWN SUBDIVISION ORDINANCE 2 PRESCRIPTIVE EASEMENT. A prescriptive easement is created when a person uses another person’s property (even though the use was not expressly agreed to) for a prolonged period. Prescriptive easements recognize long-standing usage, especially if the use was relied upon for the enjoyment of property. To establish a prescriptive easement, the use must be: 1. Open, or used in such a way that the property owner would be aware that the property is being used; 2. Notorious, or used in such a way that the general public would be aware that the property is being used; 3. Adverse to the owner’s interest, or without permission or approval from the property owner; and 4. Continuously used for at least 20 years for private use; or 5. Continuously used for at least 10 years for public use. RIGHT-OF-WAY. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another owner. STATE. The State of Utah, United States of America. SUBDIVISION IMPROVEMENT PLANS. The civil engineering plans associated with required infrastructure required for a subdivision. SUBDIVISION PLAN REVIEW. A review of the applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with Town Codes and applicable standards and specifications. TOWN. The Town of Cannonville, Garfield County, State of Utah, United States of America. MAINTENANCE RESPONSIBILITY. The obligation and responsibility of keeping road, street, or improvement in a condition that provides responsible use. CANNONVILLE TOWN SUBDIVISION ORDINANCE 3 ADMINISTRATIVE LAND USE AUTHORITY