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18.04.010. Generally

            The terms used in this Title shall have the respective meanings set forth in this Chapter.

            (1)        "Alley" means a minor way, used primarily for vehicular service access to the back or side of properties abutting on a street.

            (2)        "Arterial street" means a street, existing or proposed, which serves or is planned to serve as a principal traffic way, controlled access highway, parkway, or other equivalent street.

            (3)        "Building Official" means the Layton Building Official.

            (4)        "City" means city of Layton.

            (5)        "City Council" means the Layton council.

            (6)        "City Engineer" means the Layton engineer.

            (7)        "Collector street" means a street, existing or proposed, of considerable continuity which serves or is planned to serve as the principal traffic way between large and separated areas or districts and which is the main means of access to the major street system.

            (8)        "Conceptual plat" means a plat meeting all of the requirements outlined for a preliminary plat in Section 18.12.060 but where additional information may be required by the Planning Commission in order to grant preliminary approval, i.e., hillside areas.

            (9)        "County" means Davis County.

            (10)      "Developer" means any individual, partnership, or corporation that is the responsible agent for the subdivision and subsequent improvement of any land usually synonymous with subdivider.

            (11)      "Development staff" means a body of City officials made up of the City Engineer, Building Official, Fire Marshall, and Community and Economic Development Director or their designee.

            (12)      "Final acceptance" means that point at which the City accepts the construction and workmanship of all off-site improvements for which the developer is responsible.  An inspection of the improvements shall be done under the direction of the Building Official after the one (1) year guarantee period.

            (13)      "Final plat" means the final map, drawing, or chart on which the subdivider's plan of subdivision is presented to the Planning Commission and City Council for approval and which, if approved, will be submitted to the County Recorder for recording.

            (14)      "Improvement" means a valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor, or capital, and intended to enhance its value, beauty, or utility or to adapt it for new or further purposes.

            (15)      "Initially accepted" means that point in time at which the one (1) year guarantee period begins for all subdivision improvements as outlined in the developer's agreement with Layton City, and in Section 18.36.130.  The guarantee period shall begin when all off-site improvements have been installed except chip and seal and have been inspected by the City.

            (16)      "Lot line adjustment" in a subdivision means the relocation of the property boundary line between two adjoining lots with the consent of the owners of record.

            (17)      "Master plan" means a comprehensive plan prepared by the Planning Commission and adopted by the City Council which indicates the general location recommended for the various functional classes of public works, places and structures, and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment thereto.

            (18)      "Master Street Plan" means a map of the City area showing existing major streets and extensions thereof, and proposed additional or new major streets, and any amendment thereto.

            (19)      "Minor street" means a fifty foot (50') street, existing or proposed, allowed in cul-de-sacs; loop streets serving ten (10) or fewer lots; and sensitive land or hillside development areas as recommended by the Planning Commission for approval by the City Council.

            (20)      "Off-site improvement" means any improvement which traditionally increases the value of a lot, tract, or parcel of land or benefits it and is usually not located directly on the property and includes such items as Section 18.36.070 describes but is not limited to said items.

            (21)      "Owner" means any person having proprietary interest in land which is sought to be subdivided under the provisions of this Title.

            (22)      "Person" means any individual, corporation, partnership, firm, or association of individuals however styled or designated.

            (23)      "Planning Commission" means the Layton Planning Commission.

            (24)      "Preconstruction meeting" means the meeting with the construction staff, developer, and contractors that must be held prior to construction beginning.

            (25)      "Preliminary plat" means a preliminary map, drawing, or chart indicating the proposed layout of a subdivision, submitted to the Planning Commission for its consideration.

            (26)      "Public Works Director" means the Layton City Public Works Director.

            (27)      "Residential collector street" means a sixty-two foot (62') street, existing or proposed, which is supplementary to a collector or arterial street and of limited continuity and which serves or is planned to serve the needs of residential areas and gives access to local streets.  This type of street shall be used as collector streets through residential areas which lead directly or indirectly to a collector or arterial street.

            (28)      "Residential street" means a fifty-eight foot (58') or more street, existing or proposed, which is supplementary to a collector street and of limited continuity and which serves or is planned to serve the local needs of a neighborhood and is used primarily for access to the abutting properties.  This type of street shall be used for subdivision streets which lead directly or indirectly to a collector street.

            (29)      "Street lighting" means uniform designed lighting and installation of street light systems for residential and commercial streets.  All street light systems shall meet Layton City standards in the current Development Guidelines and Standards.  The street light system fee is to be paid by and the designated structures and facilities are to be installed by the land developer and/or subdivider.

            (30)      "Subdivider" means any person who subdivides land or who applies to the Planning Commission for approval of a subdivision plat usually synonymous with developer.

            (31)      "Subdivision" means 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.

            "Subdivision" includes:

                        (a)        The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and

                        (b)        Divisions of land for all residential and non-residential uses including land used or to be used for commercial, agricultural, and industrial purposes.

            (32)      "Subdivision construction permit" means the permit required to be obtained for each separate off-site improvement.  The developer or his contractor shall be responsible to obtain such permit prior to beginning the construction of any off-site improvement.

            (33)      "Subdivision final acceptance" means the City will "finally accept" the subdivision one (1) year after all off-site improvements are completed and "initially accepted" if no problems occur with any of the improvements.  If problems occur, the provisions of the developer's agreement and escrow agreement shall apply.  A written letter of final acceptance shall be issued to the developer.  During the one (1) year guarantee period the City is not responsible for any maintenance or construction problems connected with the off-site improvements.  Where a problem occurs with an off-site improvement which needs either repair or replacement of that improvement, the City shall give the developer the most practicable, reasonable notice possible.  The City shall also give the developer a period of time to correct the improvement problem.  If the developer does not have the problem corrected within that period of time then the City is authorized to correct the problem by doing the work themselves or contracting the work out or a combination of both.  Payment shall be governed by the terms of the developer's agreement and the escrow agreement.  In the situation where the improvement problem is of an emergency nature, the City is authorized to take immediate action to correct the problem without giving notice to the developer.  The City may correct the problem in the manner specified above and have payment made according to the terms of the developer's agreement and escrow agreement.  After "initial acceptance" of all improvements, if an improvement needs repair or replacement, the City shall notify the developer when that improvement has again been accepted by the City.  A one (1) year guarantee period shall then apply to that particular improvement.  The amount held pursuant to the escrow agreement as a guarantee shall be retained unless a lesser amount is approved by the Layton Building Official in writing, or until the one (1) year guarantee period for the last improvement repaired or replaced has expired.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 07-25, Amended, 7/5/2007
Ord. No. 09-09, Amended, 7/16/2009
Ord. No. 11-02, Amended, 2/17/2011

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