Definitions - 18.08

18.08.010 Definitions
The following definitions will be the meanings of terms as they are used in Title 18 Subdivisions:
  1.  “Dedication” means the intentional appropriation of land by the owner to some public use.

  2. “Easement” means a right granted by the property owner, generally established in a real estate deed or on a recorded plat, to permit the use of land by the public, a public agency, a utility, a corporation, or particular persons for a specified purpose or use.

  3. “Evidence” means any map, table, chart, contract, or any other document or testimony prepared and certified by a qualified person to attest to a claim or condition, which evidence must be relevant and competent and must support the position maintained.

  4. “Final plat” means the final map prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.

  5. “Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of garages, vent shafts, areas primarily for maintenance access, and areas with unobstructed opening to the outside. Such area shall be measured from the exterior side of exterior walls.

  6. “Land” means real property, including permanent improvements and usable air space.

  7. “Lot” means a measured portion of a subdivision intended as a unit for transfer of ownership for lease or for development.

  8. “Minor subdivision” means a subdivision, solely residential, with no more than five resulting dwelling units, the regulation of which, in the opinion of the planning commission and subject to review by the board of trustees, is not within the intent and purpose of Title 18 Subdivisions.

  9. “Open space” means land uncovered by structures, streets, parking, or driveways.

  10. “Open space, passive.” “Passive open space” means land restricted by the subdivision plat and covenants from being covered by structures, parking, streets, or other improvements, except that trails for pedestrians or non-motorized vehicles may be located thereon. Such an open space should be designed and located in a manner to provide a feeling of openness to all parts of the subdivision.

  11. “Planned unit development” means development of land in a manner which allows a number of uses in which normal restrictions of lot size, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given as provided by this title and the provisions of Title 19 Zoning.

  12. “Planning commission” means the Town planning commission as duly constituted by law and/or its appropriate staff.

  13. “Planning commission staff.” See “planning commission.”

  14. “Plat” means a map of certain described land prepared by a registered land surveyor in accordance with subdivision regulations as an instrument for recording of real estate interests with the County clerk and recorder.

  15. “Preliminary plan” means a map of proposed subdivision with supporting materials, drawn and submitted in accordance with the subdivision regulations, to permit review of detailed engineering and design.

  16. “Public facility” means any structure, building or land use furthering any governmental, civic or public service function necessary to the health, safety, morals, or general welfare of the general public.

  17. “Public improvements” means all physical improvements upon a subdivision site erected, constructed, or installed for dedication to or benefit of the general public or a public agency.

  18. “Rangely master plan” means the Rangely master plan as may be adopted, prepared or being prepared for the Town, and which includes any part or unit of any such plan separately adopted and any amendment to such plan or parts thereof. It is a plan for the future growth, protection and development of the Town, which makes recommendations and policies to provide adequate facilities for housing, transportation, convenience, public health, safety, and general welfare of its population.

  19. “Replat” means a vacation of an existing subdivision plat, and a subsequent or contemporaneous platting of the same property or any portion thereof.

  20. “Resubdivision” means the further division of any lot or unit as designated on any subdivision plat previously recorded with the County clerk and recorder.

  21. “Roadway” means that portion of the street right-of-way designed for vehicular traffic.

  22. “Separate interests” means any division of substantial interests in real estate. “Substantial interests” shall include, but not be limited to, fee title, future interests, leasehold interests, life estates, or other interests in which the holder has sufficient control to restrict the use of land by other parties.

  23. “Sketch plan” means the map of a proposed subdivision, drawn and submitted in accordance with subdivision regulations, to permit evaluation of the concept of development.

  24. “Street” means any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular traffic which is an existing street, County or municipal roadway, or a street or way shown upon a plat, heretofore recorded, pursuant to law; and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the right-of-way. For the purposes of this title, streets shall be classified as follows:

    1. Arterial street: a street designed to carry heavy vehicular traffic from one part of the municipality to another;

    2. Collector street: a through street designed to collect vehicular traffic from intersecting local streets;

    3. Local street: a street designed to carry vehicular traffic from one or more individual units to or from a collector street;

    4. Alley: a minor way, which is used primarily for vehicular service access to the rear or side of property otherwise abutting on a major street;

    5. Cul-de-sac: a short dead-end street terminating in a vehicular turnaround area;

    6. Service road: a street paralleling and in the vicinity of arterial streets to provide access to adjacent property so that each adjacent use will not have direct access to the arterial street.

  25. “Sub divider” means any person, firm, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.

  26. “Subdivision” means:

    1. The division of any parcel of land into two or more parcels, separate interests, or interests in common, unless exempted below;

    2. The term “subdivision” shall not apply to any division of land into two (2) or more parcels each containing fifteen (15) acres or more, none of which is intended for use by multiple owners, and which does not require the creation of any part of one or more streets, public easements, or other rights-of-way, whether public or private, for access to or from such parcels;Unless the method of disposition is adopted for the purpose of evading this title, the term “subdivision” as defined in subsection a of this section shall not apply to any division of land:

      1. Which creates parcels of land such that the land areas of each of the parcels, when divided by the number of separate interests in any such parcel, results in fifteen (15) or more acres per interest,

      2. Which is created by order of any court in this state or by operation of law,

      3. Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in any investment entity,

      4. Which creates cemetery lots,Which creates an interest in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property, or

      5. Which is created by the acquisition of an interest in land in the name of a husband or wife of other related persons, and any such interest shall be deemed for the purposes of this section as only one interest.

  27. “Substantial conformity of final plat.” The final plat shall be in substantial conformity with the preliminary plan if there is no variation from the preliminary plan other than minor changes in the size of lots; locations of lot lines, easements or streets; and location, size, siting, height or character of buildings or structures. Substantial conformity shall not include any change in types or numbers of land uses, any variance in residential density, any change in location of a public right-of-way in excess of ten (10) feet, or any dimensional variation in excess of ten percent (10%).

  28. “Unit, residential or dwelling.” “Residential or dwelling unit” means a parcel of real property designed to be occupied by one family, excluding lodging and overnight accommodations.