The following terms, as used in this title, shall have the respective meanings set forth in this section:
ADJOIN: | To share all or part of a common property line, excluding sharing only at a point. |
AFFECTED ENTITY: | A county, municipality, special district, special service district under Utah Code Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Utah Code Title 11, Chapter 13, Interlocal Cooperation Act, a property owner, a property owners' association, 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 land use; B. The entity has filed with the municipality a copy of the entity's general long range plan; or C. The entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this title or other requirement of state law. |
ARTERIAL STREET: | A street, existing or proposed, which serves or is intended to serve as a major trafficway and which may be designated on the master street plan or transportation master plan as a major arterial, minor arterial, controlled access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. |
BOUNDARY LINE AGREEMENT: | An agreement pursuant to Utah law between property owners of adjacent properties establishing or adjusting the boundary line between those properties and affixing the ownership of the adjoining parties to the agreed boundary line. |
BUILDING: | A structure with a roof and a clear space between the ceiling and floor or ground of at least six vertical feet (6') used for sheltering people, animals, or goods. |
BUSINESS DAY: | A day other than Saturday, Sunday, or city designated holiday. |
CITY ENGINEER: | The city engineer of Ogden City, Utah. |
COLLECTOR STREET: | A street, existing or proposed, of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas or districts and which is the main means of access to the arterial street system and is designated on the master street plan or transportation master plan as a major collector, minor collector or other equivalent term. |
COMPLETE APPLICATION: | A land use application under this title, accompanied by required checklist information and associated fees, filled out by an applicant, and where the authorized city officials have reviewed the submitted information and deemed it complete. |
COMPLETE SYSTEM: | A fully functional and operational infrastructure system constructed as part of a subdivision and, when applicable, actually connected to existing city infrastructure. Culinary water, sanitary sewer, storm sewer, streets and landscaping are each a separate system. Storm sewer facilities associated with a street are not complete until any required street improvements are completed. |
CONTACT PERSON: | The individual designated in an application or petition, filed pursuant to the provisions of this title, to receive notices, copies of staff reports, and notices of final actions on a pending application. |
DECISION MAKER: | The official, board, commission, or other body empowered to render a decision on a particular matter under this title. |
DEDICATION PLAT: | A plat that dedicates land for public streets or alleys, public uses, or municipal utility easements. |
DEPARTMENT: | The community and economic development department. |
DEVELOPMENT REVIEW TEAM: | The manager, or the manager's designee, the city engineer, or the city engineer's designee, the city attorney, or the city attorney's designated assistant city attorney; representatives from the building services division, operations division, water division, fire department and police department; and other departments or divisions of the city as needed; or any company or agency, such as a utility company, which has been asked to review a preliminary or final plat under the provisions of this title. |
DIRECTOR: | The director of the community and economic development department, or the director's designee. |
ENGINEERING STANDARDS AND SPECIFICATIONS: | The regulations, design standards, and construction specifications for the construction of public improvements, as adopted by the city council and filed with the city recorder's office. |
ENGINEERING TECHNICAL APPEAL PANEL: | A panel of expert engineers assembled by the city engineer to consider appeals of decisions involving technical aspects of the engineering standards and specifications. |
ENHANCED MEDIAN: | A landscaped median required as part of the general plan to be located in the center portion of a minimum eighty foot (80') collector road. A collector road for which an enhanced median is required is: Skyline Parkway. |
GENERAL PLAN: | The general plan of Ogden, Utah. |
INITIAL PUBLIC IMPROVEMENT PLAN: | A plan which identifies generally how the subdivider intends to extend water and sanitary sewer services, provide storm drainage and storm detention facilities, and extend public streets to and through the subdivision. All or some portions of the plan may be depicted on the preliminary plat. The plan shall: A. Identify the proposed location and size of all proposed sanitary sewers, water mains, storm sewers and storm detention basins, and their connection to existing facilities, including manholes, fire hydrants, and valves, and identify the water pressure in existing water mains; B. Identify proposed grades and widths of streets; C. Provide sufficient information to show how proposed mains and lines will be fed by gravity; D. Identify any proposed variations from the standards for public improvements adopted under Chapter 3; E. Identify all private streets and any or all portions of water, sanitary sewer, or storm sewer facilities located within private streets which the subdivider is requesting to be owned and maintained by the city; and F. Provide a street light design following the approved engineering standards for street lighting for subdivisions which propose the construction of a street to be dedicated to the public or which proposes lot access to existing City streets. |
LAND FOR PUBLIC USE: | Land that is dedicated by a dedication plat for a public use, such as a utility or park, excluding land dedicated for public streets or alleys. A. “Land for public use” does not imply the land must be accessible to the general public. B. “Land for public use” excludes land acquired by a public agency by deed or other conveyance other than dedication by plat. |
LAND USE AUTHORITY: | The official or body designated to act upon a land use application. |
LAND USE ORDINANCE: | Any planning, zoning, development, or subdivision ordinance of the city, including, but not limited to, the provisions of this title, commonly referred to as the subdivision ordinance of Ogden City and Title 15, commonly referred to as the zoning ordinances of Ogden City, Utah. It is not intended to refer to the Ogden City general plan. |
LIMITED RESIDENTIAL SUBDIVISION: | A subdivision of land that the applicant indicates on the application is intended to be occupied by two (2) or more single-family, two-family/duplex, or single-family row house dwellings and is located on land that is zoned to allow such use. |
LOCAL STREET: | 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. |
LOT: | A tract of land, regardless of any label, that is created by and shown on a plat that has been recorded in the office of the county recorder, as may have been adjusted through an approved and recorded subdivision amendment, lot line adjustment, lot combination, or land dedication. |
LOT COMBINATION: | A combination of two (2) or more lots into a single lot, or the joining of one (1) or more parcels to one (1) or more lots to create a single lot. |
LOT LINE ADJUSTMENT: | A. A relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels. 1. Whether or not the lots are located in the same subdivision; and 2. With the consent of the property owners. B. “Lot line adjustment” does not mean a new boundary line that: 1. Creates an additional lot; or 2. Constitutes a subdivision. C. “Lot line adjustment” does not include a boundary line adjustment made by the Utah department of transportation. |
MAJOR CHANGE: | Shall include, but not be limited to: A. Any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more, increasing density in the subdivision by ten percent (10%) or more, increasing the number of lots by ten percent (10%) or more, or increasing the lot size of more than ten percent (10%) of the lots by an amount of five hundred (500) square feet or greater; B. A change in the alignment, connection or grade of a public or private street, that could alter the locations, alignments or connections of water, sanitary sewer, storm sewer lines and facilities; or C. A change that would require amendment to any approved conditional use permit. |
MANAGER: | The Manager of the Planning Division of the Community and Economic Development Department of Ogden City. |
MASTER STREET PLAN: | A plan, labeled "Master Street Plan Of Ogden City", including maps or reports or both, which was, on September 11, 1951, certified to the board of commissioners as required by law, or such plan as it may be amended from time to time and so certified to the city council. |
MUNICIPAL UTILITY EASEMENT: | An easement that: A. Is created or depicted on a plat recorded in a County Recorder's Office and is described as a municipal utility easement granted for public use; B. Is not a protected utility easement or a public utility easement as defined in Utah Code section 54-3-27; C. The city or the city'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; D. Is used or occupied with the consent of the city in accordance with an authorized franchise or other agreement; E. Is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement and is located in a utility easement granted for public use; or F. Is described in Utah Code 10-9A-529 and is used by a specified public utility. |
NEXT REGULARLY SCHEDULED MEETING: | The next regularly scheduled meeting as determined by the rules and procedures of the Planning Commission, which meeting shall be held in a reasonable period of time following application and a determination by the manager that an application is ready for review. |
NON-SUBDIVIDING PLAT: | A plat that defines boundaries of lots but does not create new lots. |
PARCEL: | Any real property defined by metes and bounds description created for ownership separate from any adjoining property that is not a lot. |
PARCEL BOUNDARY ADJUSTMENT: | A. A recorded agreement between property owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement if no additional parcel is created and: 1. None of the property identified in the agreement is a lot; or 2. The adjustment is to the boundaries of a single property owner's parcels. B. “Parcel boundary adjustment” does not mean an adjustment of a parcel boundary line that: 1. Creates an additional parcel; or 2. Constitutes a subdivision. C. “Parcel boundary adjustment” does not include a boundary line adjustment made by the Utah Department of Transportation. |
PARCEL COMBINATION: | The combination of two (2) or more adjoining parcels into one (1) parcel. |
PARCEL, UNAUTHORIZED: | A parcel that was created or adjusted without approval of the land use authority at the time of its creation or adjustment. |
PLANNING COMMISSION: | The Ogden City planning commission. |
PLAT: | A map depicting property lines that may include land dedicated for streets, alleys, public uses and easements, prepared by a surveyor, approved by the land use authority and recorded with the county recorder. |
PLAT VACATION: | The elimination of a plat, in whole or in part, which vacation may apply to subdivided lots as well as roads, alleys, easements, and other areas depicted or dedicated on the plat. |
PRELIMINARY SUBDIVISION PLAN: | The maps and other documents showing the proposed layout of lots, streets, easements, existing topography, and other required information for land use review of a proposed subdivision. It excludes the final plat intended to be recorded after approval. |
PROPERTY: | A parcel or a lot. |
PROPERTY OWNER: | The legal owner of property as shown on a current title report. |
PUBLIC IMPROVEMENT PLANS: | The designs and specifications for all public improvements, and any related information and data necessary for review and approval of such plans. |
PUBLIC IMPROVEMENTS: | Improvements intended to be owned, maintained and operated by the city after completion of construction by the subdivider and final inspection and acceptance of the city engineer, including, but not limited to, roadways, curb, gutter, and sidewalk; culinary water, sanitary sewer and storm drainage mains, lines and related facilities; and storm detention facilities. Public improvements include landscaping required by ordinance and on site stormwater facilities even though such improvements will be maintained by the property owner. |
PUBLIC STREET OR ALLEY: | Any street or alley, including a right-of-way or public access easement, that was dedicated as a public thoroughfare by means of recordation of a subdivision plat or dedication plat. It also includes public streets or alleys, rights-of-way, and public access easements established by use or conveyed to the city, or its predecessor, by deed, declaration, legislative act or other instrument of conveyance other than a subdivision plat or dedication plat. |
PUBLIC WORKS DIRECTOR: | The director of the department of public services of Ogden City, Utah. |
RECORD OWNER: | The owner of property appearing on the rolls of the Weber County Assessor. |
RESUBDIVISION: | Any change in a plat or map of an approved or recorded subdivision that requires the filing of an amended plat or map or planning commission review of a preliminary plat, or the vacation of all or a portion of an existing plat or map as part of the recording of a new plat or map. |
RIGHT-OF-WAY: | Either a public right-of-way or a private right-of-way, as the context dictates. |
RIGHT-OF-WAY, PRIVATE: | The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another. |
RIGHT-OF-WAY, PUBLIC: | Land within a public street or alley. |
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, lease, 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, 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 any of the following: 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 certified by the Manager that neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance. 2. A boundary line agreement recorded with the county recorder's office between property owners of adjoining parcels adjusting the mutual boundary in accordance with Utah Code 10-9a-524 if no new parcel is created; 3. A parcel combination or lot combination. 4. A parcel boundary adjustment. 5. A lot line adjustment. 6. A road, street, or highway dedication plat. 7. A deed or easement for a road, street, or highway purpose. 8. Any other division of land authorized by law that specifically does not required a subdivision. D. The word "subdivide" and any derivative thereof shall have reference to the term "subdivision", as defined in this section. E. A condominium project shall be considered to be a subdivision as provided in Utah Code Annotated section 57-8-35. |
SUBDIVISION AMENDMENT: | An amendment to a recorded subdivision 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. |
SUBDIVISION PLAT AMENDMENT: | A subdivision amendment that is effectuated by recording a new plat that supersedes all or part of the prior subdivision plat. |
SURVEY MAP: | A map prepared by a Utah Licensed Land Surveyor and filed with the County Surveyor showing the boundary of land that establishes or reestablishes a boundary line or obtains data for constructing a map or plat showing a boundary line. |
TRAFFIC CONTROL DEVICES: | Traffic signs limited to speed limit, yield and stop signs and stop bar pavement markings. |
TRANSPORTATION MASTER PLAN: | The master plan for streets and other transportation purposes as adopted by the Ogden City Council as the same may be amended. |
ZONING ORDINANCE: | The zoning ordinances of Ogden City, Utah, as adopted in Title 15. |
(Ord. 2013-35, 6-25-2013; amd. Ord. 2020-41, 9-15-2020; Ord. 2024-1, 1-9-2024)