The following terms used in this chapter shall have the respective meanings hereinafter set forth:
ALLEY: | A narrow public or private way less in size than a street, designed for the special accommodations of the property it reaches, and not intended for general travel. (A public thoroughfare less than 26 feet wide.) |
ARTERIAL (MAJOR) STREETS: | A street existing or proposed which serves or is intended to serve as a major traffic way, as a controlled or limited access highway, major street parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. Arterial Streets through subdivisions shall have expanded open space adjacent to the right-of-way. Arterial Streets run North and South. |
BENCHMARK: | A mark affixed to a permanent or semipermanent object along a line of survey to furnish a datum level. |
BLOCK: | A piece of land surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision plat. |
CMC: | An acronym for Clarkston Municipal Code. |
COLLECTOR (MINOR) STREET: | A street which carries traffic from minor streets to the major street system, including the principal entrance streets of residential developments and primary circulating streets within such a development. Collector Streets run East and West. |
CONCEPT PLAN: | A forecast of the development potential of the property. A map and summary of the proposed development or land use, indicating the lands to be included, a brief description of the proposed project, a timeline for the proposed project, and any other information the applicant deems necessary to provide the town with a general overview of the proposed project. The planning commission may only provide comments to current zoning. |
CONTRACTOR: | The person in charge of construction, who is duly licensed by the State of Utah. This person may also be the subdivider. |
CULINARY WATER AUTHORITY: | The Clarkston Town Engineer. |
EASEMENT: | A quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some entity or part of the public. |
FINAL PLAT: | A subdivision map prepared in accordance with the provisions of this title that is accurately surveyed and such survey marked on the ground so that the streets, alleys, blocks, lots and other divisions thereof can be identified, and which is designated to be placed on record in the office of the County Recorder and the Town Clerk. |
GENERAL PLAN: | A plan on record at the office of the town clerk, including maps or reports or both, which has been recommended by the planning commission and approved by the town council which helps to establish lines of current and future land use, be it water, growth, roads etc. as provided in Utah Code. |
INSPECTOR: | The authorized inspector or representative of the Town. |
LOT: | A portion of the subdivision or parcel of land intended as a unit for building development or transfer of ownership. |
LOT FRONTAGE: | The distance along the front of the lot bordering a street as required in the various zones. |
LUDMA: | An acronym for Land Use Development Management Act. |
MASTER STREET PLAN: | That portion of the general plan which defines the future alignments of major streets and their right of way, including maps or reports or both, which have been approved by the planning commission and city council as provided in chapter 9 of title 10 of the Utah Code Annotated, 1953, as amended. |
MINOR SUBDIVISION: | Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the General Plan, Official Map, and any regulations established in the Clarkston Town Code. |
PLANNING COMMISSION: | The Clarkston Town Planning Commission. |
PARCEL OF LAND: | A contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant or person(s) or entity(ies). |
PLAT: | A map or drawing on which the subdivision plan or project is submitted, together with such information supporting data and other requirements as are necessary to effect compliance of the subdivision project. |
PRELIMINARY PLAT: | The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the planning commission and town council for approval. |
PROTECTION STRIP: | A strip of land bordering a subdivision, or a street within a subdivision, which serves to bar access of adjacent property owners to required street improvements installed within the subdivision until such time as the adjacent owners share in the cost of such improvements. |
PUBLIC IMPROVEMENTS: | Construction of any work or product that becomes the property of the town. Such improvements may include, but are not limited to, the construction and installation of roads, sidewalks, curbs, gutters, drainage systems, water systems, fire hydrants, accesses to public rights-of-way and such other construction required by this subdivision ordinance. |
SECURITY OF PERFORMANCE: | Financial assurance provided by the subdivider to the town that all improvements are constructed in accordance with all relevant town ordinances, regulations and standards, and that all expenses incurred for labor and materials used in the construction of the improvements are paid for by the subdivider. |
SHALL: | Shall is mandatory. |
SPECIFICATIONS: | The rules and regulations that govern development. |
STREET: | A public way for sidewalk, roadway, and utility installations, being the entire width from lot line to lot line, and including the terms "road", "highway", "land", "place", "avenue" or other similar designations. |
SUBDIVIDER: | Any person, persons or corporation dividing or proposing to divide land so as to constitute a subdivision to be shown on a recorded plat. May also be referred to as a developer. |
SUBDIVISION: | A. "Subdivision" means any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on an installment plan or upon any and all other plans, terms, and conditions. B. "Subdivision" includes: 1. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and 2. Except as provided in subsection C of this definition, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes. |
C. "Subdivision" does not include: 1. 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 zoning ordinance; 2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if: a. No new lot is created; and b. The adjustment does not result in a violation of applicable zoning ordinances; or 3. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property. D. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a "subdivision" under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the town's subdivision ordinance. | |
TOWN ENGINEER: | Any registered civil engineer appointed by the town council to accomplish the objectives of this ordinance, provided that no such person may serve the Town and a subdivider simultaneously where he would have to check his own work or the work of a member of his firm in connection with any subdivision in the Town. |
(Ord. 22-06, 8-16-2022; amd. Ord. 23-07, 8-19-2023)