Chapter 17.10
DEFINITIONS

Sections:

17.10.010    Definitions.

17.10.010 Definitions.

For purposes of this title, the following definitions shall apply:

“Adjacent landowner” means any property owner of record, according to the records of the county recorder, whose property meets or touches at some point, or across a street, alley or other public or private right-of-way, property proposed for subdivision, or any portion thereof.

“Amended plat” means an amended subdivision plat, or “replat,” which changes the number of separately described contiguous parcels of property or lots previously approved by the town.

“Arterial street” means a major street in the street hierarchy, which has high traffic volume and is not intended to be a residential street. An arterial provides connections with or is a major state or interstate roadway and is often the location of significant community facilities as well as retail, commercial, and industrial facilities.

“Building line” means a line parallel to the property line beyond which no exposed portion of a building extends, other than the roof overhang.

“Collector street” means a street whose function is to conduct traffic between major arterial streets and/or activity centers. It is a principal traffic artery within residential areas and carries relatively high volume. A collector can sustain minor retail or other commercial establishments along its route which will influence the traffic flow.

“Development” means the improvement of a parcel of land by construction thereon for more than one home, or division thereof.

“Easement” means that portion of a lot or lots reserved or granted for the present or future use by a person or agency other than the legal owner or owners of said properties. The easement may be for use under, on the surface, or above said lots.

“Established right-of-way” means a right-of-way that has been established by either deed, conveyance or court order.

“Fee schedule” means the schedule of application processing fees adopted by the council.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county recorder and in compliance with all the requirements set forth in this title and adopted pursuant thereto.

“General plan” includes what is also commonly referred to as a “master plan.”

“Local street” means a street whose primary purpose is to conduct traffic to and from dwelling units to other streets within the hierarchy. Occasionally a local street will connect with two or three small places or other local streets. Usually, there is no through traffic between two streets of a higher classification.

“Lot line adjustment” means the relocation of the property boundary line between two adjoining lots with the consent of the owners of record.

“Lot width” means the width of a lot measured at the building line.

“Minor subdivision” means any parcel of land which has been divided and:

A.    Is a single split off a parcel of land with no previous splits for the purpose of building development within a five-year or 60-month timeframe;

B.    Meets minimum area zoning requirements;

C.    Has a record of survey map prepared by a Utah licensed surveyor;

D.    Has both culinary water and sewer connection; and

E.    No variance has been granted nor is it part of an approved subdivision plat.

“Outlot” means a lot or lots representing the remaining aggregate of unsubdivided land in those instances where large parcels of land are subject to existing uses or development, and may be subject to future subdivision as part of a phased development.

“Parcel of land” means a contiguous quantity of land as assessed by a tax identification number and of record.

“Person” means any individual, firm, partnership, association, syndicate, corporation, trust or any other entity.

“Planning commission” means the town of Manila’s planning commission.

“Plat” means a map or other graphical representation of lands being laid out and prepared for the recording of a subdivision.

“Preliminary plat” means a map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with this title, to permit the evaluation of the proposal prior to detailed engineering and design.

“Record of survey map” means a map of a survey of land, which establishes a boundary, monument, or record of corner changes.

“Setback” means 70 feet from centerline of the road or 25 feet from right-of-way, whichever is greater.

“Storm water drainage system” means a system designed to carry off and minimize the effects of runoff water. It may consist of surface grading or subsurface piping or other components as required.

“Subdivide” means any act which is intended to or does result in the creation of a subdivision of land.

“Subdivider” means a person, firm, partnership, joint venture, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision, and who either owns the land or has written authorization from the owner of the land to proceed with the subdivision.

“Subdivision” or “subdivided land” means a parcel of land which is divided, resubdivided or proposed to be divided into two or more parcels, lots, tracts, sites, or other common interest ownership properties; and any act creating such results, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any or all other plans, terms and conditions. Notwithstanding Sections 10-9-804 and 10-9-805, Utah Code Annotated 1953, a person may submit to the county recorder’s office for recording a document that subdivides property by metes and bounds into two lots, without the necessary recording a plat, if:

A.    An interest severing the oil, gas, minerals or water from the surface estate;

B.    Creation of a utility easement or an easement unrelated to the use of the surface;

C.    Any division of property created by official acts of the town, including but not limited to partial acquisitions and conveyances of land, partial annexations of land, easements, and public rights-of-way;

D.    Boundary adjustments which resolve a disputed boundary or boundary survey problem such as overlaps or gaps, so long as the boundary adjustment or transaction does not result in the transfer from one parcel to another of an area which would create a nonconforming lot;

E.    A minor subdivision as defined herein;

F.    A division of agricultural land that qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland Assessment Act:

1.    Meets the minimum size requirement of applicable zoning ordinance; and

2.    Is not used and will not be used for any nonagricultural purpose such as housing, cabin, or recreational use. [Ord. 8-12-04 § VI.]