Subdivision 103 Enactment, Applicability and Conflict

1) The Board of County Commissioners of Wayne County, Utah (hereinafter “BOCC”) adopts this Ordinance pursuant the Act and all other authorities and provisions of Utah and Federal statutory laws, and common law, as applicable. This Ordinance constitutes a part of the Wayne County’s Land Use Ordinances, as authorized and identified by the Act. 2) This Ordinance shall take effect on January 1, 2011 following its adoption by the BOCC. 3) Upon its effective date, this Ordinance shall repeal the Wayne County Subdivision Ordinance existing on the effective date of this Ordinance and shall govern and apply to the division of all lands located within the unincorporated areas of Wayne County, Utah. 4) This Ordinance shall not nullify any laws, ordinances, or requirements that are more restrictive, but shall prevail notwithstanding such laws, ordinances, or requirements that are less restrictive. 5) The provisions of this Ordinance shall be construed to carry out the purposes of this Ordinance and the purposes of the State of Utah enabling laws, including the Act, and to avoid conflict with the laws of the United States of America, the State of Utah, or any other limitations imposed by law. If any chapter, section, subsection, provision, sentence or clause of this Ordinance is declared unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this Ordinance, which shall remain in effect. 6) Applications accepted by the County as complete for any Land Use Application (hereinafter “Application”) required by this Ordinance shall be processed, reviewed and approved or denied, subject to the provisions of this Ordinance and all other Ordinances and Resolutions of the County, as applicable and in effect at the time the application is determined to be “complete,” by the Wayne County Treasurer/Recorder (hereinafter “Treasurer/Recorder”), as required by this Ordinance and Resolutions, as applicable. 7) The provisions of this Ordinance shall apply to all lands located within the unincorporated areas of Wayne County, unless exempted by the provisions of this Ordinance, or other lawful exemption. 8) The provisions of this Ordinance shall be held to be the minimum requirements necessary to protect the health, safety, and welfare of the citizens of Wayne County, and achieve the purposes of this Ordinance.