ADJACENT LANDOWNERS: Any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision or any portion thereof.
ALLEY: A public or private right of way which is less than twenty six feet (26') wide primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT: The owner of land proposed to be laid out and platted or his agent. An agent shall be required to provide legal documentation to prove he has consent from the legal owner of the property.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, or boundary lines of municipalities.
BOND: A form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the city council. All bonds shall be approved by the city council wherever a bond is required by these regulations.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
BUILDING AREA: A portion of a lot, parcel or tract of land which is to be utilized as the building site having an area of at least two thousand five hundred (2,500) square feet with an average slope of less than twenty percent (20%). Such building area is to be designated as the only area in which building may take place and outlined on the subdivision plat in which the lot is located.
CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of future city projects listed in order of anticipated construction priority, together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual city's operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.
CITY: Plain City, Utah.
CITY COUNCIL: The city council of Plain City, Utah.
CITY ENGINEER: A professional, registered engineer retained by the city.
CONSOLIDATION OF PARCELS: Combining of two (2) or more parcels of property.
COUNTY HEALTH OFFICER: The administrative and executive officer of the Weber County health department and local registrar of vital statistics or his duly authorized representatives.
DEVELOPER: The owner, or his agent, of land proposed to be laid out and platted in accordance with this subdivision title. An agent of the owner shall be required to provide legal documentation, to be approved by the city attorney, which establishes his authority to act as agent for the owner.
EASEMENT: That portion of a lot or lots reserved for 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 or above said lot or lots.
FLAG LOT: A flag or L-shaped lot comprised of a staff having a minimum width of thirty feet (30') and a flag portion consisting of the minimum dimensions required for a regular lot in the applicable zone. The square footage of the staff shall not be considered in determining whether the lot size (the flag portion) requirements are met. (See also subsection 11-5-2E2 of this title.) No flag lot may be approved within the city except as a conditional use.
FRONTAGE: The distance between the two (2) side lot lines of a parcel measured along the street, or streets of a corner lot, which the parcel is allowed access. No state or federal highway to which no access is allowed shall be considered as frontage.
FRONT LOT LINE: The property line of the lot fronting or abutting one side of the street and/or right-of-way towards which the front line of a main building faces or may face. Frontage at curved streets or on the ends of cul-de-sacs shall meet the required lot width at the setback line.
GENERAL PLAN: A comprehensive plan for development of the city prepared and recommended for adoption by the planning commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
GRADE: The slope of a road, street or other public way specified in percentage terms.
HALF STREET: That portion of a street within a subdivision comprising one-half (1/2) the required right of way width upon which improvements in accordance with one-half (1/2) of an approved typical street cross section are constructed.
IMPROVEMENT PLAN: The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the city council as a condition of the approval of the plat.
JOINT OWNERSHIP: Joint ownership among persons shall be construed as the same owner for the purpose of imposing subdivision regulations.
LOT: A parcel of land occupied or capable of being occupied by a permitted or conditional use building or group of buildings (main or accessory), together with such yards, open spaces, parking spaces and other areas required by this subdivision title and the uniform zoning ordinance of Plain City, having frontage upon a street or upon a right of way approved by the board of adjustment. Except for group dwellings and guesthouses, not more than one dwelling structure shall occupy any one lot.
LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded or escrowed as provided in these regulations.
LOT LINE ADJUSTMENT: The relocation of the property boundary line in a subdivision between two (2) adjoining lots with the consent of the owners of record. No new lot is created.
LOT, RESTRICTED (R LOT): A lot which contains or is susceptible to special events or conditions, including, but not limited to, flooding, wetlands, improper drainage, steep slopes, rock formations, adverse earth formations or topography, fault lines, water table, or any other adverse condition which would warrant special identification or notice. Such lots shall be subject to regulated conditions as specified by the city engineer. All "R" lots shall be clearly identified on the recorded plat.
LOT RIGHT OF WAY: A strip of land not less than twenty feet (20') wide connecting a lot to a street for use as private access to that lot, and recorded as part of said lot.
MASTER STREET PLAN: A plan labeled "master street plan of Plain City".
OFF SITE FACILITIES: Improvements not on individual lots but generally within the boundaries of the subdivision which they serve. Certain off site facilities shall be properly bonded or escrowed as provided in these regulations.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, condominium projects or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be laid out and platted under these regulations.
PARCEL OF LAND: Contiguous quantity of land in possession of, or owned by, or recorded as the property of the same claimant. Land in one ownership, but physically divided by a public highway, road or street, is not considered contiguous under this definition, and may therefore be used as two (2) or more individual parcels of land.
PLAIN CITY PUBLIC WORKS STANDARDS: Standards governing public and private contractors performing work within the city as adopted in the Plain City public works standards and technical specifications ordinance.
PLANNING COMMISSION: The city planning commission of Plain City.
PLAT: A map, plan or depiction of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
PLAT, FINAL: A proposed subdivision drawn accurately to scale and which has all measurements, data, certificates and dedications thereon which are required for approval and acceptance by the proper agencies and for recording in the office of the county recorder.
PROPERTY, INTERVENING: Property located between the existing utilities and public service facilities, and the property under development.
PROTECTION STRIP: A strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling the access to the street from property abutting the subdivision.
PUBLIC IMPROVEMENT: Any water system, drainage ditch, subsurface drainage system, storm drainage system, sewer system, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off street parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which City responsibility is established. All such improvements shall be properly bonded or escrowed.
PUNCH LIST: A punch list is part of the project closeout portion of the construction process in which the city prepares a document that lists any work that has not been completed, or not been completed to city standards.
REMAINDER PARCEL: A parcel of land that is not included in a subdivision but that is identified as a remainder parcel for future development on the subdivision plat.
RESUBDIVISION: A change in the map of an approved or recorded subdivision plat if such change affects any street layout on or area reserved thereon for public use, any lot line, or any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
ROAD: See definition of Street.
SCREENING: Either:
A. A strip at least five feet (5') wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet (4') high at the time of planting, of a type that will form a year round dense screen of at least six feet (6') in height; or
B. An opaque wall or barrier or uniformly painted fence at least six feet (6') high.
STREET: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than twenty six feet (26') wide which has been made public by right of use and which affords the principal access to the abutting property.
STREET, ARTERIAL: A street, existing or proposed, which serves as 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 to identify those streets comprising the basic structure of the street plan.
STREET, COLLECTOR: A street, existing or proposed, of considerable continuity, which is the main means of access to the major street system.
STREET, CUL-DE-SAC: A minor terminal street provided with a turnaround with a one hundred foot (100') minimum diameter. Cul-de-sac streets shall not be any longer than four hundred feet (400') from the centerline of the adjoining street to the center of the turnaround, and cannot provide frontage for more than fifteen (15) dwelling units.
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.
STREET, PRIVATE: A thoroughfare within a subdivision which has been reserved by dedication unto the developer or lot owners to be used as private access to serve the lots platted within the subdivision. Private streets shall comply with the adopted street cross section standards of the City and shall be maintained by the developer or other private agency.
SUBDIVISION:
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.
1. Subdivision includes:
i) 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
ii) Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial agricultural, and industrial purposes.
2. Subdivision does not include:
i) 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;
ii) A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §10-9a-524 of Utah State Code (as amended) if no new parcel is created;
iii) A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel;
iv) A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with §10-9a-524 and §10-9a-608 of Utah State Code (as amended) if no new dwelling lot or housing unit will result from the adjustment and the adjustment will not violate any applicable land use ordinance;
v) A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division is in anticipation of future land use approvals on the parcel or parcels does not confer any land use approvals, and has not been approved by the land use authority;
vi) A parcel boundary adjustment;
vii) A lot line adjustment;
viii) A joining of one or more lots to a parcel;
ix) A road, street, or highway dedication plat;
x) A deed or easement for a road, street, or highway purpose; or
xi) Any other division of land authorized by law.
SUBDIVISION, MINOR: Any subdivision with two (2) lots existing on a dedicated street sewer that has culinary water, and secondary water accessible.
UTILITIES: Gas lines, culinary water lines, storm drainage systems, irrigation systems, sewer lines, electric power transmission lines, telephone transmission lines, cable television systems with all poles, wires, pipes, guywires and bracing pertaining thereto.
WETLANDS: Generally, those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. When in conflict, Federal definitions and standards shall prevail.
ZONING ORDINANCE: The zoning ordinance of Plain City as adopted by the City Council and as amended from time to time. (Ord. 2001-02, 3-1-2001, eff. 3-1-2001; amd. Ord. 2003-13, 12-4-2003, eff. 12-4-2003; Ord. 2008-13, 9-19-2008, eff. 9-19-2008; Ord. 2014-03, 5-15-2014, eff. 5-15-2014; Ord. 2017-07, 5-18-2017, eff.
5-19-2017; Ord. 2022-04, 3-17-2022, eff. 3-17-2022; Ord. 2022-08, 5-19-2022, eff. 5-19-2022; Ord. 2024-03, 3-7-2024)