Section 11, Subsection 2 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. “Association” means the same as that term is defined in Utah Code Section 57-8a-102, as amended. B. “Common Area” means property that an Association owns, maintains, repairs, or administers. C. “Condominium” means a multi-unit development in which individual units are separately owned, and each owner receives a recordable deed to the unit, together with an undivided interest in any common elements. A condominium development shall be regarded as a subdivision. D. “Declarant” means the person who executes a declaration and submits it for recording in the office of the recorder of the county in which the property described in the declaration is located; “declarant” includes the person’s successor and assignee. E. “Declaration” means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. F. “Easement” means a land use right offered for a specific purpose or use over, upon or beneath the land. The easement must be 1. Accurately described in location and extent in the letting process or by separate document using metes and bounds. 2. Distinct from land ownership and granted to the public, a particular party or public utility. G. “Facility owner” means the same as that term is defined in state law and includes a canal owner or associated canal operator contact described in different sections of state law. H. “Final Plat” means a permanent map or chart, accurately describing a division of land which has been surveyed and marked on the ground so that streets, blocks, lots and other divisions may be identified and located. I. “Improvement plan” means a plan to complete permanent infrastructure on the subdivision that is essential for the public health and safety, that is required for human occupation, or that is required by applicable law and that an applicant must install in accordance with public installation and inspection specifications for public improvements and as a condition of recording a subdivision plat. J. “Improvement Warranty” means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement: 1. Complies with the Town’s written standards for design, materials, and workmanship; and 2. Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. K. “Improvement Warranty Period” means a period: 1. No later than one year after a Town’s acceptance of required landscaping; or 2. No later than one year after a Town’s acceptance of required infrastructure, unless the Town: a. Determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and b. Has substantial evidence, on record: (1) Of prior poor performance by the applicant; or (2) That the area upon which the infrastructure will be constructed contains suspect soil and the Town has not otherwise required the applicant to mitigate the suspect soil. L. “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. M. “Lot” means a parcel of real property shown as a delineated parcel of land with a number and designation on the final plat of a subdivision recorded in the office of the Sevier County Recorder, or a parcel of land, the dimension or boundaries which are defined by the record in the office of the Sevier County Recorder. N. “Land use authority” means an individual, board, or commission appointed or employed by a municipality to make land use decisions. “Land Use Authority” includes any appropriately authorized designees. O. “Metes and Bounds” means the description of a lot or parcel of land by courses and distances. P. “PC” means the Planning Commission. Q. “DRC” means the Development Review Committee which shall consist of one Planning Commission member, one Town staff member and one town citizen. The citizen member cannot have a vested interest in the application being reviewed. R. “Period of Administrative Control” means the period in which the person who filed the association’s governing documents or the person’s successor in interest retains authority to appoint or remove members of the association’s board of directors or exercise power or authority assigned to the association under the association’s governing documents. S. “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 State Code (as amended). T. “Preliminary Plat” means a map or plan of a proposed land division prepared in accordance with the regulations of this Section. U. “Public Landscaping Improvement” means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: 1. Will be dedicated to and maintained by the Town or 2. Are associated with and proximate to trail improvements that connect to planned or existing public infrastructure. V. “Resubdivision” means the changing or amending of any existing lot or lots of any subdivision plat previously recorded in the records of the county recorder as provided in this Section. W. “Review Cycle” means the occurrence of the applicant’s submittal of a complete subdivision application; the Town’s review of that subdivision application; the Town’s response to that subdivision application; and the applicant’s reply to the Town’s response that addresses each of the Town’s required modifications or requests for additional information. X. “Sketch Plan” means a preliminary map or pre application plat showing the concept of the proposed development or subdivision, having sufficient detail to illustrate on site characteristics of the proposed subdivision and adjacent parcels. Y. “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. 1. Subdivision includes: a. 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 b. 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. 2. Subdivision does not include: a. 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; b. A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §10-9a-524 of Utah State Code (as amended) if no new parcel is created; c. 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; d. A joining of one or more lots to a parcel; e. A road, street, or highway dedication plat; or f. A deed or easement for a road, street, or highway purpose. Z. “Subdivision ordinance review” means review by the Town to verify that a subdivision application meets the criteria of the Town’s ordinances. AA. “State engineer’s inventory of canals” means the state engineer’s inventory of water conveyance systems established in state law. BB. “Town Engineer” means a permanent registered engineer that the Town hires and that is a licensed surveyor, registered engineer, or an engineering firm as designated by the Town Council on either a retainer or per job basis, or a designee appointed by the Town Council. CC. “Underground facility” means the same as that term is defined in state law. DD. “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.