10.18 Definitions

The following words and phrases, as used in this Chapter, shall have the following meanings. Words and phrases not defined here have the meaning expressed elsewhere in this Title or, if not defined in this Title, the meaning defined in state code: A. "Improvement plan": 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. B. "Land Use Authority": An individual, board, or commission appointed or employed by a municipality to make land use decisions. “Land Use Authority” includes any appropriately authorized designees. C. “Land use application”: 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. D. “Plat”: 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). E. “Metes-and-bounds”: The boundaries or limits of a tract of land especially as described by reference to lines and distances between points on the land. F. “Subdivision”: 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; f. A deed or easement for a road, street, or highway purpose. G. “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. H. Definition of Property Lines for Utility Requirements. For the purposes of Chapter 10 only, the following definitions shall apply: 1. The following definition shall apply for Simple and Minor Subdivisions. For purposes of water and sewer connections, the property line is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water and sewer are existing in the street. Water and sewer will be considered at the property line in a simple and minor subdivision if they are within 120 feet of the property on either side of the street. All connection fees will be collected at such time as the Town Engineer/Building Inspector requires it or a building permit is issued to the property owner. The builder/property owner will bear the entire cost of installing the sewer line from the main line. The cost is in addition to the standard Emery Town sewer hook-up fee. The Emery Town water hook-up fee will normally cover the cost of installing the water line from the main line of the meter. Electricity continued to be required to be brought to the deed property line of each lot or parcel. More than one lot or parcel can be serviced from one pole based on requirements as established by the electrical contractor. A drop line must be at each lot, but a single line can feed more than one lot. 2. The following shall apply for Subdivisions (10 or more lots). All Town required utilities, to include electric, water, and sewer shall be required to be stubbed to each lot where meter placement would occur. No connection fees will be collected until such time as a building permit is issued to the property owner. 3. All development costs that the Town would incur shall be borne by the subdivider. All fees for publications, etc. will be covered by the applicant in all cases of subdivision development. All subdivided lots need to meet the minimum number of water shares per lot. One water-share per acreage of subdivision and/or a minimum of ⅓ acre-foot of water per lot. It is recommended/advised that water be purchased and set aside for any future uses. General Design Standards of Platted Subdivisions