The following words and phrases used in this title shall have the respective meanings hereinafter set forth, unless a different meaning clearly appears from the context:
ADJACENT LANDOWNERS: Any property owner of record, according to the records of the county recorder, whose property adjoins property proposed for subdivision, or any portion thereof.
ADVERSELY AFFECTED PARTY: A person other than a land use applicant who either owns real property adjoining the property that is the subject of a land use application or land use decision or who will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
AFFECTED ENTITY: A county, municipality, local district, special service district under Utah Code Annotated title 17D, chapter 1, special service district act, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, interlocal cooperation act, specified property owner, property owners' association, public utility or the Utah department of transportation, if:
A. The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
B. The entity has filed with the county a copy of the entity's general or long range plan; or
C. The entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter.
AGENT: In addition to the customary meaning, means one who has a written power of attorney and/or a real estate listing, to act in all respects for and in behalf of the owner and or subdivider.
AGRICULTURAL LAND: A use of land through ranching and/or farming by production of food or fiber, or grazing and feeding of livestock or poultry.
APPEAL AUTHORITY: The person, board, commission, agency or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.
CISTERN: A small covered tank for storing water for a home or farm. Generally, this tank is rainwater to be utilized for purposes other than in the potable water supply and such tank is placed underground in most cases. In cases where the water will be used as the potable water supply, the tank and distribution lines are of a material and are installed to meet the standards set forth by the Utah division of drinking water and the culinary water authority.
COUNTY: The unincorporated area of Duchesne County, Utah.
COUNTY B ROAD: All public highways, roads, and streets within the county that:
A. Are situated outside of incorporated municipalities and not designated as state highways;
B. Have been designated as county roads; or
C. Are located on property under the control of a federal agency and constructed or maintained by the county under agreement with the appropriate federal agency.
COUNTY D ROAD: Any road, way, or other land surface route that has been or is established by use or constructed to provide for usage by the public for vehicles with four (4) or more wheels that is not a class A, class B or class C road, as defined by Utah Code Annotated.
COUNTY PLANNING OFFICE: Those persons employed by the county commission or planning commission, whether under direct employment or consultants under contractual agreements. Offices under this title include planners, staff and secretaries.
COUNTY UTILITY EASEMENT: An easement that:
A. A plat recorded in the County Recorder's office described as a county utility easement or otherwise as a utility easement:
B. Is not a protected utility easement or a public utility easement as defined in Section 54-3-27 of the Utah Code;
C. The county or the county's affiliated governmental entity owns or creates: and
D. Either:
1. No person uses or occupies: or
2. The county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
E. Or a person uses or occupies with or without an authorized franchise or other agreement with the county.
CULINARY WATER AUTHORITY: The department, agency or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.
DEDICATION: Land set aside by an owner for any general or public uses, reserving for himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereof; and the acceptance by the public shall be evidenced by the approval of the plat for recording by the county commission.
DEVELOPED AREA: An incorporated area (city or town) within the county or an area that has a central water system, and/or a central sewer system, paved highways and streets.
DEVELOPER: Any entity, including a corporate person, who undertakes to develop land, including subdividers.
DEVELOPMENT: The improvement of any tract, lot or parcel of land by construction thereon, or division thereof.
EASEMENT: 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 property or properties. The easement may be for use under, on the surface, or above said lots.
ESTABLISHED RIGHT OF WAY: A right of way that has been established by deed, convenience or court order.
FINAL PLAT: 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: A document that a county adopts that sets forth general guidelines for proposed future development of the unincorporated land within the county.
IMPROVEMENT COMPLETION ASSURANCE: A surety bond, letter of credit, cash, or other security required by a municipality to guaranty the proper completion of landscaping or infrastructure that the land use authority has required as a condition precedent to:
A. Recording a subdivision plat; or
B. Beginning development activity.
IMPROVEMENT WARRANTY: An applicant's unconditional warranty that the accepted landscaping or infrastructure:
A. Complies with the municipality's written standards for design, materials, and workmanship; and
B. Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.
IMPROVEMENT WARRANTY PERIOD: A period:
A. No later than one year after a municipality's acceptance of required landscaping; or
B. No later than one year after a municipality's acceptance of required infrastructure, unless the municipality:
1. Determines for good cause that a one year period would be inadequate to protect the public health, safety, and welfare; and
2. Has substantial evidence, on record:
a. Of prior poor performance by the applicant; or
b. That the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil.
INFRASTRUCTURE IMPROVEMENT: Permanent infrastructure that is essential for the public health and safety or that is required for human consumption and must be installed by a subdivider or developer in accordance with published installation and inspection specifications for public improvements as a condition of final plat approval and prior to the issuance of a building permit.
LAND USE APPLICATION: An application required by one of the county land use ordinances.
LAND USE AUTHORITY: A person, board, commission, agency or other body designated by the local legislative body to act upon a land use application.
LAND USE ORDINANCE: A planning, zoning, development or subdivision ordinance of the county, but does not include the general plan.
LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision or minor subdivision plat that has been recorded in the office of the County Recorder.
LOT LINE ADJUSTMENT: A relocation of a lot line boundary between adjoining lots or parcels, whether or not the lots are located in the same subdivision, in accordance with Section 17-27a-608 of the Utah Code, with the consent of the owners of record. Lot line adjustment does not include a new boundary line that creates an additional lot or constitutes a subdivision.
MINOR SUBDIVISION: The division of land into ten (10) or fewer parcels; provided, that:
A. A minor subdivision survey is prepared by a professional land surveyor for review and a decision by the land use authority after the required public notice;
B. Minimum lot size and other land use standards are met (or a variance granted);
C. Written approval has been received from the sanitary sewer authority;
D. All parcels have public right of way access and no additional right of way is required to be dedicated from the applicant's property pursuant to the official map or county standards;
E. There is a water source, approved in writing by the culinary water authority;
F. No further division by minor subdivision shall be allowed within one year. Further division within one year shall be accomplished by the standard subdivision process or by an amendment to a previous minor subdivision survey;
G. Divisions requiring the construction of public roads, public water lines or public sewer lines are not eligible for the minor subdivision process;
H. The minor subdivision survey map is recorded in the county recorder's office and filed with the county surveyor;
I. HB 1001 exemption: One new minor subdivision parcel, at least one acre in size and located at least one thousand feet (1,000') away from another parcel created under this exemption, may be created from a parent parcel of at least one hundred (100) acres in size in accordance with Utah Code Annotated section 17-27a-603(4), effective October 1, 2009, including any subsequent amendments;
J. Minor subdivisions containing more than one parcel designated as "not a proposed building lot" or as agricultural parcels may be approved only if such lands are deemed agricultural on the county tax rolls and the property owner(s) signs and records an agreement stating that such parcels shall remain in agricultural use until such time as the parcels are approved by the county as building lots.
NONPOTABLE WATER: Water not safe for drinking, personal or culinary utilization as determined by the culinary water authority.
OFF SITE: Outside a specific parcel of land being developed or considered for development.
OFFICIAL MAP: A map drawn by county authorities and recorded in the county recorder's office that:
A. Shows actual and proposed rights of way, centerline alignments and setbacks for highways and other transportation facilities;
B. Provides a basis for restricting development in designated rights of way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
C. Has been adopted as an element of the county general plan.
ON SITE: Within a specific parcel of land.
OWNER: Any individual, corporation, partnership, firm or association of individuals, syndicate or other legal entity, however styled or designed.
PARCEL: Any real property that is not a lot created by and shown on a subdivision or minor subdivision plat recorded in the office of the county recorder.
PARCEL BOUNDARY ADJUSTMENT: A recorded agreement between an owner or owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 57-1-45 of the Utah Code if:
A. No additional parcel is created; and
B. None of the property identified in the agreement is subdivided land.
PERSON: An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
PLANNED UNIT DEVELOPMENT (PUD): A special form of subdivision allowing for diversification in the relationship of various uses permitting more flexibility in the layout of the development. Mandatory for a PUD shall be the construction of a culinary water source.
PLANNING COMMISSION: The Duchesne County planning commission.
PLAT: A map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Utah Code Annotated sections 17-27a-606 or 57-8-13.
PUBLIC DRINKING WATER SYSTEM: A system, either publicly or privately owned, providing water for human consumption and other domestic uses which:
A. Has at least fifteen (15) service connections; or
B. Serves an average of at least twenty five (25) individuals daily at least sixty (60) days out of the year.
C. Such term includes collection, treatment, storage, or distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term includes collection, pretreatment or storage facilities used primarily in connection with the system but not under such control 1 .
PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
PUBLIC MEETING: A meeting that is required to be open to the public under Utah Code Annotated title 52, chapter 4, open and public meetings.
PUBLIC STREET: A public right of way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement or other public way. All public street designations are subject to approval from the county road supervisor, the planning commission and the county commission.
REASONABLE NOTICE: Posted notice of the hearing or meeting in at least three (3) public places within the jurisdiction and published notice of the hearing or meeting in a newspaper of general circulation in the jurisdiction, if one is available, or mailed notice of the hearing or meeting.
RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with Utah Code Annotated section 17-23-17.
ROAD SUPERVISOR: The person appointed by the county commission to be responsible for the maintenance and construction of roads in Duchesne County. Also, the person who, along with the planning department, evaluates roads to determine if the roads have been constructed to minimum county road construction specifications prior to granting a certificate of acceptance for subdivision purposes. In addition to the above, the road supervisor, in conjunction with the planning department, evaluates roads to be considered for inclusion on the county road system. The road supervisor also works with the planning commission in determining what roads and what type of improvements are needed on roads throughout the county.
SANITARY SEWER AUTHORITY: The department, agency or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on site wastewater systems.
SETBACK: The distance from right of way line to edge of structure.
SINGLE TRACT OF LAND: A parcel of land, not a part of a subdivision or minor subdivision, that is suitable for development purposes for residential, industrial, commercial or public use.
SPECIFIED PUBLIC UTILITY: An electrical corporation, gas corporation or telephone corporation, as those terms are defined in Utah Code Annotated section 54-2-1.
SUBDIVIDED LAND: The land tract or lot described in a recorded subdivision plat.
SUBDIVIDER: Any entity, including a corporate entity, which undertakes to create a subdivision.
SUBDIVISION:
A. Any land that is divided, resubdivided or proposed to be divided into two (2) 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.
B. "Subdivision" includes:
1. 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
2. Except as provided in subsection C of this definition, divisions of land for 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 agricultural purposes;
2. An agreement recorded with the county recorder’s office between owners of adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance with Section 57-1-45 of the Utah Code if:
a. No new lot is created; and
b. The adjustment does not violate applicable land use ordinances;
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one contiguous parcel of property that is not subdivided land into one legal description encompassing all such parcels of property; or
b. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances;
4. A bona fide division or partition of land in a county, other than a first class county for the purpose of siting, on one or more of the resulting separate parcels:
a. An unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company or intrastate pipeline company; or
b. An unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; or
5. An agreement recorded with the county recorder’s office between owners of adjoining subdivided properties adjusting the mutual boundary if:
a. No new dwelling lot or housing unit will result from the adjustment; and
b. The adjustment will not violate any applicable land use ordinance.
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 county subdivision ordinance.
E. A bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels.
F. A parcel boundary adjustment or a lot line adjustment.
G. A road, street or highway dedication plat.
H. A deed or easement for road, street or highway purposes.
SUBDIVISION AMENDMENT: An amendment to a recorded subdivision in accordance with Section 17-27a-608 of the Utah Code that:
A. Vacates all or a portion of the subdivision
B. Alters the outside boundary of the subdivision
C. Changes the number of lots within the subdivision
D. Alters a public right-of-way, a public easement, or public infrastructure within the subdivision or
E. Alters a common area or other common amenity within the subdivision.
SUSPECT SOIL: Soil that has:
A. A high susceptibility for volumetric change, typically clay rich, having more than a three percent (3%) swell potential;
B. Bedrock units with high shrink or swell susceptibility; or
C. Gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.
TRANSPORTATION AND CIRCULATION: A plan, labeled "transportation and circulation plan", approved by the county commission pursuant to Utah Code Annotated section 17-27a-302(2)(b), as amended.
UNINCORPORATED: The area outside of the incorporated area of a municipality.
ZONING ORDINANCE: The zoning ordinance of Duchesne County, Utah, as adopted by the county commission and as amended. (1998 Code § 16.04.040; amd. Ord. 08-260, 3-17-2008; Ord. 09-274, 7-13-2009; 2010 Code; Ord. 12-307, 11-19-2012; Ord. 13-315, 7-8-2013; Ord. 20-379, 8-24-2020)
Notes
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