Terms Used In Utah Code > Title 10 > Chapter 9a > Part 6 - Subdivisions

• Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
       (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
       (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
       (3)(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 chapter. See Utah Code 10-9a-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeal authority: means 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. See Utah Code 10-9a-103
• Audit: means a review by a supplier of a dealer's warranty claims records. See Utah Code 13-14b-102
• Business opportunity: means an arrangement under which a person:
            (1)(a)(i) sells or leases a product, equipment, a supply, or a service:

                 (1)(a)(i)(A) upon payment of initial required consideration of at least $500; and

                 (1)(a)(i)(B) for the purpose of enabling the buyer or lessee to start a business; and
            (1)(a)(ii) represents to the buyer or lessee that:

                 (1)(a)(ii)(A) the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee;

                 (1)(a)(ii)(B) the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person;

                 (1)(a)(ii)(C) the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or

                 (1)(a)(ii)(D) the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. See Utah Code 13-15-102
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
• Contiguous: means :
       (2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
       (2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Culinary water authority: means 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. See Utah Code 10-9a-103
• Current net price: means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. See Utah Code 13-14b-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: means a person or any other entity having a dealer agreement for selling and retailing:
       (4)(a) agricultural equipment;
       (4)(b) dairy and farmstead mechanization equipment;
       (4)(c) construction, utility, and industrial equipment;
       (4)(d) outdoor power equipment;
       (4)(e) lawn and garden equipment; or
       (4)(f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). See Utah Code 13-14b-102
• Dealer agreement: means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. See Utah Code 13-14b-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Development activity: means :
       (11)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
       (11)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
       (11)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103
• Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
• Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 10-9a-103
• Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102
• Fraud: Intentional deception resulting in injury to another.
• General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
• Guarantee: means a written agreement that:
       (4)(a) a purchaser and seller sign; and
       (4)(b) discloses the complete details and each limitation or exception of the agreement. See Utah Code 13-15-102
• Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
       (24)(a) recording a subdivision plat; or
       (24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
• Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
       (25)(a) complies with the municipality's written standards for design, materials, and workmanship; and
       (25)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
• Improvement warranty period: means a period:
       (26)(a) no later than one year after a municipality's acceptance of required landscaping; or
       (26)(b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality:

            (26)(b)(i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and

            (26)(b)(ii) has substantial evidence, on record:

                 (26)(b)(ii)(A) of prior poor performance by the applicant; or

                 (26)(b)(ii)(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. See Utah Code 10-9a-103
• Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
       (27)(a) is required for human occupation; and
       (27)(b) an applicant must install:

            (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and

            (27)(b)(ii) whether the improvement is public or private, as a condition of:

                 (27)(b)(ii)(A) recording a subdivision plat;

                 (27)(b)(ii)(B) obtaining a building permit; or

                 (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
• Initial required consideration: includes the sum of any down payment and the total of all additional payments, if the purchaser's payment under the terms of the business opportunity is over a period of time. See Utah Code 13-15-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
       (28)(a) runs with the land; and
       (28)(b)

            (28)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or

            (28)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Land use authority: means :
       (31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
       (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
• Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
       (32)(a) a land use permit; or
       (32)(b) a land use application. See Utah Code 10-9a-103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Legislative body: means the municipal council. See Utah Code 10-9a-103
• Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
• Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
            (38)(a)(i) whether or not the lots are located in the same subdivision; and
            (38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
• Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
• Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
• Motor vehicle: includes :
            (4)(a)(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
            (4)(a)(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
            (4)(a)(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal utility easement: means an easement that:
       (42)(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;
       (42)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
       (42)(c) the municipality or the municipality'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;
       (42)(d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
       (42)(e)

            (42)(e)(i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and

            (42)(e)(ii) is located in a utility easement granted for public use; or
       (42)(f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
• Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
• Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
• Public street: means 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. See Utah Code 10-9a-103
• Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
• Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
• Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102
• service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
• Subdivision: includes :
            (68)(b)(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
            (68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
• Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
            (69)(a)(i) vacates all or a portion of the subdivision;
            (69)(a)(ii) alters the outside boundary of the subdivision;
            (69)(a)(iii) changes the number of lots within the subdivision;
            (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
            (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
• Supplier: includes :
            (5)(b)(i) any successor in interest, including a purchaser of assets or stock; and
            (5)(b)(ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 13-14b-102
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
       (6)(a) warranty issued by the supplier; or
       (6)(b) recall or modification order issued by the supplier. See Utah Code 13-14b-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5