Subdivision 1-13 GENERAL PROVISIONS: Definitions

This ordinance shall be interpreted using the definitions provided in the Piute County Zoning Ordinance, LUDMA (UCA 17-27a-103, UCA 17-27a-604.1, UCA 17-27a-604.2) in addition to, or as modified by the following: ACCEPTANCE. Actions of the County 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 formally appointed and/or employed by Piute County, including staff. The ALUA does not include the County Commission or a member of the County Commission. COUNTY. Piute 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. DRY SUBDIVISION. A recorded subdivision located within the unincorporated areas of Piute County without infrastructure improvements made by the developer. In other words, the subdivision may not include any or all of the following: 1) a public drinking water system, 2) a public wastewater disposal system, 3) electrical or 4) road improvements in certain cases. 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. 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 10 years for private use; or 5. Continuously used for at least 20 years for public use. REVIEW CYCLE. The occurrence of: 1. the applicant’s submittal of a complete subdivision land use application; 2. the County’s review of said subdivision land use application; 3. the County’s response to the subdivision land use application in accordance with this ordinance; and 4. the applicant’s reply to the County’s response that addresses each of the County’s required modifications or requests for additional information. 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 County ordinances and applicable standards and specifications. MAINTENANCE RESPONSIBILITY. The obligation and responsibility of keeping road, street, or improvement in a condition that provides responsible use.