The following words and phrases used in this title shall have the following meaning unless a different meaning clearly appears from the context:
ATTORNEY: The person selected or appointed by the governing body to represent Garland City as the city attorney.
BENCH MARK: The mark affixed on a permanent or semipermanent object along a line of survey to furnish a datum level.
BONA FIDE DIVISION OF LAND: A. Bona Fide Division Of Agricultural Land For Agricultural Purposes: The division of agricultural land into two (2) or more parcels for which the planning and zoning commission makes the following written findings of fact upon petition for such findings by a landowner:
1. No urban services will be required by said division of agricultural land.
2. The purpose and use of each of the lots in the division shall be agricultural industry or business, or recreational.
3. Each of the parcels created has access to an existing public street or to a private street approved by the planning and zoning commission and the governing body.
4. Each of the lots created shall be found by the planning and zoning commission to be capable of producing an income from the sale of agricultural products sufficient to justify its existence as the controlling facets used in making a decision as to whether a division of land is or is not a bona fide division or partition of agricultural land for agricultural purposes. The planning and zoning commission and the governing body shall make findings as to the availability of water for irrigation or stock watering purposes; the class of the soil and depth of the soil mantle; the slope of the land, past history of agricultural production, and the present state of agricultural technology.
B. Bona Fide Division Of Commercial Land For Commercial Purposes: The division of commercial land into two (2) or more parcels for which the planning and zoning commission makes the following written findings of fact upon petition for such findings by a landowner:
1. The purpose and use of each of the lots in the division shall be for commercial purposes and not for manufacturing, warehousing, construction or assembly of goods, agricultural production, recreation or residential housing.
2. Each of the lots created has access to a public street.
3. Each of the lots shall have an adequate water supply.
4. Each lot shall have access to adequate sewage collection and disposal facilities.
BUILDABLE AREA: The portion of a lot remaining after the required yards have been provided, and having a slope less than fifteen percent (15%). Land with an average slope exceeding fifteen percent (15%) shall not be considered buildable unless it is approved by a conditional use permit.
BUILDING OFFICIAL: The person designated by the governing body as the building official or building inspector.
CITY: Garland City.
CITY COUNCIL: The governing body representing the city.
CONDITIONAL ACCEPTANCE: A written notice to the subdivider establishing the date beginning his two (2) year guarantee period.
CONDOMINIUM: The ownership of a single unit in multi-unit project, together with an individual interest in common in the common areas and facilities of the property as provided by state law. A condominium development is comparable to a subdivision in that each development is characterized by multiple individual ownerships in structures, whereas in subdivisions, such ownerships are in land. For regulation purposes, the development of a condominium project is treated by state law and by this title as a subdivision; therefore, condominium developments must comply with the subdivision regulations of this title.
CONSTRUCTION STANDARDS: The minimum public works construction standards and specifications adopted by the city, which include, but shall not be limited to, drawings, tables, charts and references which establish minimum standards for the design and construction of subdivision requirements.
COST SHARING AGREEMENT: An agreement entered into between the subdivider and intervening property owners (and in some cases, Garland City), whereby the subdivider will be reimbursed proportionately for installing improvements over intervening properties.
CROSSWALK OR WALKWAY: A right of way designated for use by pedestrians and not intended for use by motor vehicles of any kind; a crosswalk, walkway or pedestrianway may be located within or without a street right of way, at grade, or grade separated from vehicular traffic.
CUL-DE-SAC: A street which is designated to remain permanently closed at one end, with the closed end terminated by a vehicular turnaround. For purposes of this title, the length of a cul-de-sac shall be measured from the centerline of the intersecting street along the centerline of the cul-de-sac, to the center of the turnaround.
CULINARY WATER FACILITIES: Water, water supply, pipelines, pumps, springs, wells and/or any other physical facilities necessary to provide a sufficient quantity of approved quality water to each lot.
DEVELOPER: See definition of Subdivider.
DISTRICT SANITARIAN: The local health officer from the Bear River district health department. The district sanitarian must approve and issue permits for individual waste and disposal systems, if connection to the city public sewer system is not required by the city sewer ordinance 1 .
EASEMENT: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner of said property. The easement may be for use on, under or above said lot or lots.
ENGINEER, CITY: The person elected or appointed by the governing body to represent Garland City as their engineer, especially for the purpose of reviewing subdivision proposals.
ESSENTIAL FACILITIES: Each subdivider shall provide or make provisions for the full and beneficial use of each owner in the subdivision, the following minimum facilities:
A. Culinary water supply in adequate supply and quantity to each dwelling unit, and adequate water for irrigation of lawns, gardens and shrubs.
B. Where irrigation or secondary water is available to the property, the subdivider shall provide facilities to irrigate lawns, gardens and other landscaping from the available irrigation or secondary water.
C. Sanitary sewers and sewage disposal facilities.
D. Storm water collection, detention and disposal facilities.
E. Improved roads, including sidewalk and curb and gutter (except where sidewalk, curb and gutter is waived at the discretion of the planning and zoning commission and city council).
F. Electricity and distribution system.
G. Telephone.
H. Natural gas and distribution facilities where gas is available.
FINAL ACCEPTANCE: A written notice to the subdivider establishing the date of termination of the subdivider's guarantee period. This notice shall be given only after all defective improvements have been repaired and/or replaced. All of the improvements shall be inspected by the city engineer and certified to as complying with the construction standards before the governing body can issue a notice of final acceptance.
FINAL PLAT: A map or chart of a subdivision which has been accurately surveyed, and such survey marked on the ground so that streets, lots and other divisions thereof can be identified. The plat must be drawn accurately to scale with permanent black ink on approved Mylar and have all measurements, data, certificates and dedications required for approval and acceptance by the proper agencies and for recording in the office of the county recorder.
FIREFIGHTING FACILITIES: Such water supply, water lines, fire hydrants and other protective devices as may be required in accordance with the provision of this title for fire suppression.
FLOOD HAZARD: A water hazard to land or improvements due to inundation or due to overflow; water having sufficient velocity to transport or deposit debris, scour the surface soils, dislodge or damage buildings, erode the banks of water channels and/or flood basements.
FLOODPLAIN: Areas adjacent to any streams, ponds or lakes which are subject to the 100-year recurrence interval floods as shown on maps prepared by the U.S. army corps of engineers, or a similar study conducted by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines.
GEOLOGICAL HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure or shifting of the earth. "Geologic hazards" include, but are not limited to, rockfills, slide areas, floodplains, fault lines, high water tables and other groundwater problems such as liquefaction, etc.
GOVERNING BODY: The city council of Garland City.
HEALTH OFFICER: See definition of District Sanitarian.
IMPROVEMENTS AGREEMENT: An agreement between the governing body and subdivider, wherein the subdivider agrees to install the subdivision improvements required by this title, the construction standards or by the planning and zoning commission and/or the governing body for the necessary property development of the proposed land development.
IMPROVEMENTS, SUBDIVISION: Work, objects, devices, facilities or utilities required to be constructed or installed for the development of land for residential, commercial, industrial or recreational uses. Such improvements may include, but are not limited to, street construction to required standards, water facilities, sewer facilities, sidewalks, curbs and gutters, drainage facilities, street trees, street signs, streetlights, traffic control or safety devices, fire hydrants, and such other facilities or construction necessary for the proper development of the proposed land development project as required by this title, the construction standards, or by the planning and zoning commission and/or the governing body.
INTERVENING PROPERTY: Any property located between the legally described perimeter of the subdivision and any existing public facilities or utilities.
LOT: A parcel or unit of land abutting a public street or approved private street, described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a subdivision plat or condominium plot map.
LOT AREA: The area contained within property lines of the individual parcels of land shown on the subdivision plat or required by this title, including the area of any easements, excluding any area within an existing street, right of way or any area required as open space under this title.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, where such streets or parts of the same street form an interior angle of less than one hundred thirty five degrees (135o).
LOT DEPTH: The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
LOT FRONTAGE: The length, in feet, of the front lot line which is coterminous with the front street line.
LOT FRONTAGE, REQUIRED: The length, in feet, of the front lot line which is coterminous with the front street line.
LOT HELD IN SEPARATE OWNERSHIP: All contiguous land held in one ownership at the time of the passage of this title or at any time hereafter, whether or not such land has been or is described separately, has separate chains of title, is described on one or more than one property tax notice, or is otherwise divided on paper.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE, FRONT: For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.
LOT LINE, REAR: Ordinarily, that line or lines of a lot which are opposite and most distant from the front line of the lot.
LOT LINE, SIDE: Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.
LOT LINES: The property lines bounding the lot.
LOT RESTRICTED: A lot having an average slope of fifteen percent (15%) or more; a lot which does not contain a buildable area at least seventy five feet by one hundred feet (75' x 100'); a lot which because of type of soils, flood hazard, geology or topography requires special engineering and/or architectural designs and/or considerations. Building on restricted lots is prohibited unless geotechnical design solutions to problems associated with such lots have been prepared by a qualified professional team and approved by the planning and zoning commission.
LOT, UNRESTRICTED: A lot having an average slope of less than fifteen percent (15%) and containing a buildable area of at least seventy five feet by one hundred feet (75' x 100'), which buildable area is designated as such on the subdivision plat.
LOT WIDTH: The horizontal distance between the side lot lines measured at the required front yard setback line or rear yard setback line, whichever is shorter.
MARKET ANALYSIS: An economic analysis of the feasibility of a project.
MASTER PLAN: A plan which has been prepared and adopted for the purpose of guiding development and which has been adopted by Garland City as the "Comprehensive Plan of Garland City, Utah".
MASTER STREET PLAN: A map which shows existing public streets and which has been officially adopted by the planning and zoning commission as the master street plan.
MAYOR: The mayor of Garland City.
OFF SITE FACILITIES AND UTILITIES: Facilities and utilities installed in, under, upon or over other property outside the legally described perimeter of a subdivision which are required for the proper development of such subdivision and which may be located and designed to serve such other property.
OFFICIAL MAP: A map which has been officially adopted by the governing body according to state law and which includes the major street plan.
ON SITE FACILITIES AND UTILITIES: Facilities and utilities installed in, under, upon or over public streets, rights of way or easements within the legally described perimeter of a subdivision.
OPEN SPACE: Land used for recreation, agriculture, resource protection or buffers, and is freely accessible to all residents of the subdivision, except in the case of agricultural lands where access may be restricted. The open space land shall be shown on the subdivision plats with the necessary instruments being filed with the county recorder to ensure that it remains in perpetuity for such uses as defined in the covenants and agreements establishing the open space. Open space does not include land occupied by nonrecreational buildings, roads or road rights of way; nor does it include the yards or lots of single-family or multiple-family dwelling units or parking areas as required by the provisions of this title. Open space should be left in a natural state, except in the case of recreational uses which may require the construction of certain improvements for the benefit of the residents of the subdivision.
OPEN SPACE, USABLE: Usable open space shall be any portion of a lot or building which meets all the following conditions:
A. The open space shall be open to the sky and shall be open to view on at least two (2) sides.
B. The space shall be readily accessible by foot traffic from the dwelling unit to which it is accessory.
C. If the space is provided on a balcony, roof or other facility above grade, it shall have such protective devices as are deemed necessary by the building official to assure reasonably safe usage by children and adults.
D. The space shall not be provided from any required front or side yard, parking area or driveway space.
OVERSIZED FACILITIES AND UTILITIES: Facilities and utilities which are designed, with added capacity, width, depth, etc., with the express purpose of making service available to other properties outside the legally described perimeter of the subdivision.
PARCEL OF LAND: A contiguous area of land in the possession or ownership of a person described by one or more descriptions on file with the county recorder.
PERMANENT MONUMENT: Any structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of this title.
PERMITTED USE: A use of land which is allowed within a particular zoning district without the necessity of obtaining a conditional use permit.
PERPETUAL CARE FUND (Also Referred To As PERPETUAL MAINTENANCE TRUST FUND): A fund set aside by the developer for the purpose of maintaining open spaces within a development that has been set aside for recreational or park use. The amount of the fund set aside must be satisfactory to and approved by the governing body.
PERSON: An individual, tenants in common, joint tenants, corporation, partnership, firm, limited partnership or association of individuals, however styled or designated.
PLANNER: The planner employed by or officially representing the city.
PLANNING AND ZONING COMMISSION: The planning and zoning commission of Garland City.
PLANNING AND ZONING COMMISSION STAFF: The professional staff consisting of the city engineer, planner and such other professionals or experts as selected by the planning and zoning commission to assist in the subdivision review.
PRELIMINARY PLAT: A drawing to scale, representing a proposal to subdivide a tract, lot or parcel of land, but which does not have the certificates and dedications necessary for acceptance by the city.
PROTECTION STRIP: A strip of land between the boundary of a subdivision and a street within the subdivision, for the purpose of controlling the access to the street by the property owners abutting the subdivision.
RIGHT OF WAY: That portion of land dedicated to public use for street and/or utility purposes or maintained in private ownership for similar purposes.
ROADWAY WIDTH: The distance back to back of curb or curb-gutter. On roadways where gutter or curb-gutter has been waived, the width shall be the actual width of the paved area.
SEWAGE FACILITIES: Sanitary sewage collection systems, sewage treatment plants or approved individual sewage disposal facilities as may be permitted by the city sewer ordinance 2 .
SKETCH PLAN: A scaled drawing on a topographic base map that shows the location of the proposed subdivision, a concept layout, and the general location of existing roads, utilities, major natural features, public features, etc. Items to be included in sketch plan are listed in section 10-5-5 of this title.
STREET, COLLECTOR: A street, existing or proposed, which is the main means of access to the major street system, and shall have a right of way equal to that shown on the master street plan.
STREET, CUL-DE-SAC: A minor terminal street provided with a turnaround (see definition of Cul-De-Sac).
STREET, MAJOR: A street, existing or proposed, which serves or is intended to serve as a major trafficway and is designated on the master street plan as a controlled access highway, major street, parkway or other equivalent term identifying those streets comprising the basic structure of the master street plan.
STREET, MINOR: A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood, and shall have a right of way equal to that shown on the master street plan.
STREET, PRIVATE: A thoroughfare at least fifty feet (50') in width, within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of the city and to be maintained by the subdivider or other private agency.
STREET, PUBLIC: A thoroughfare at least fifty feet (50') in width which has been accepted and is or will be maintained by the city and which:
A. The city has acquired by prescriptive right.
B. The city owns.
C. Has been approved by the planning and zoning commission and offered for dedication on an approved final subdivision plat.
D. Is a thoroughfare that has been privately abandoned or made public by right of use.
E. Provides access to abutting property.
STREET, STUB: A street extending from within the subdivision to the boundary thereof and temporarily terminating there with no permanent vehicular turnaround. Stub streets are provided to permit access to adjacent parcels of land.
SUBDIVIDER: An individual, corporation or registered partnership owning or controlling any tract, lot or parcel of land to be subdivided; or a group of two (2) or more persons owning any tract, lot or parcel of land to be subdivided who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing or executing the purpose of the subdivision.
SUBDIVISION: A. 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 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, 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 land use 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 violate applicable land use ordinances; or
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one contiguous unsubdivided parcel of property 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.
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 this title.
SURVEYOR: The person elected or appointed by the governing body to represent Garland City as their surveyor.
URBAN SERVICES: Those services normally associated with urban living, including, but not limited to, the following: electricity, natural gas, streets, schools, culinary water, secondary or irrigation water, where applicable, sewage collection and treatment facilities, police and fire protection.
UTILITIES: Includes culinary water lines, pressure and gravity irrigation lines, sanitary and storm sewer lines, electric power, gas and telephone transmission lines, underground conduits and their appurtenances.
VICINITY MAP: A map or drawing to scale of any area proposed for development, showing the location of the proposed subdivision, existing and proposed streets, buildings, public facilities and utilities within the general influence area of the proposed subdivision within a one mile radius; boundaries of zoning districts, taxing districts and other special districts on and in the immediate vicinity of the land proposed for subdivision; watercourses, impoundments, streams, springs, wells and areas subject to continuous or occasional flooding on and in the immediate vicinity of the land proposed for subdivision; and significant vegetative patterns on and in the immediate vicinity of the land proposed for subdivision.
WATER FACILITIES: Culinary water facilities include the water, water supply, springs, wells, transmission and distribution pipelines, service laterals, pumps, valves, fittings, reservoirs, fire hydrants, and all appurtenant facilities necessary to provide and deliver a sufficient quantity of an approved quality of water to each lot and/or dwelling unit. A "sufficient quantity of water" shall be defined as follows:
A. For lots not served by a secondary water system, the culinary water facilities shall be designed and constructed so as to furnish 3.4 gallons per minute of water at forty (40) psi minimum to each dwelling unit, or each ten thousand (10,000) square foot lot of area.
B. For lots with a secondary source of water, the quantity of water may be reduced to 1.7 gallons per minute for each lot and/or dwelling unit.
C. Fire suppression water facilities shall be included in the culinary water facilities and shall include the water supply and delivery capabilities adequate to furnish five hundred (500) gallons per minute, with a residual pressure of no less than twenty (20) psi, from each of two (2) fire hydrants located not more than three hundred fifty feet (350') from any single fire (dwelling unit).
ZONING ORDINANCE: The zoning ordinance of Garland City, "Garland City, Utah Zoning Ordinance" and map. (Ord., 2-29-1996; amd. 2006 Code)
Notes
| 1 | 1. See title 7, chapter 2 of this code. |
| 2 | 1. See title 7, chapter 2 of this code. |