15.03.010 Definitions - Words, Terms, Phrases Defined.
(1) For purposes of this Title:
(a) Any gender includes the other gender.
(b) “Shall” is mandatory; “may” is permissive.
(c) The singular number includes the plural, and the plural the singular.
(d) Words used in the present tense include the past and future tense, and vice versa.
(e) Words and phrases used in this Title and not specifically defined shall be construed according to the context and ordinary usage of the language.
(f) Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this Title as a whole.
(2) In the construction of this Title, the following words and phrases shall be as defined as set forth in this Section unless a different meaning is specifically defined elsewhere in this Title and specifically stated to apply. Words and phrases not defined herein, but defined in Title 14, Provo City Code, shall have the meanings set forth in Title 14, Provo City Code.
Alley. See “Street” definitions.
“Average daily traffic (ADT)” means the maximum rate, typically measured in terms of vehicles per hour or average daily traffic, at which vehicles can be expected to traverse a point or uniform section of lane or roadway during a given period under prevailing roadway, traffic, and control conditions.
“Borrow” means earth material acquired for use in grading on a site.
“Buildable area” means that portion of a lot or parcel which is eligible to place a building or structure and complies with the setbacks and other regulations of the zone where the property is located.
“Building permit” means any permit required for new construction and additions pursuant to Section 14.01.060, Provo City Code.
“Capital facilities plan” means a plan prepared separately or as part of a general plan which identifies:
(a) Demands placed upon existing public facilities currently and as projected in the future for all transportation modes; and
(b) New facilities projected to meet the future transportation needs of the city.
“Civil engineer” means a professional engineer registered in the State of Utah to practice in the field of civil engineering work.
“Collective driveway” means a driveway, at least twelve (12) feet in width, serving not more than two (2) lots, or two (2) residential dwelling units, or twenty (20) feet in width serving not more than four (4) lots and four (4) single residential dwelling units and not exceeding one hundred twenty (120) feet in length.
“Conservation easement” means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land.
“Conventional subdivision” means a subdivision which has no open space as authorized in this Title.
“Cut” means an excavation.
“Developable land” means land under thirty percent (30%) slope which is capable of being improved, subject to the Sensitive Lands Ordinance and other requirements within this Title, with landscaping, buildings, or parking. Land designated as sensitive lands or primary conservation areas shall not be considered developable land.
“Developer” means the individual, partnership, limited liability company, association, or corporation, or other legal entity developing land or causing it to be developed.
“Development” or “development activity” means any of the following:
(a) Any construction or expansion of a building, structure, or use.
(b) Any change in the use of a building or structure.
(c) Any manmade change to improved or unimproved land, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations.
(d) Any change in the use of land that creates additional demand and need for capital facilities.
(e) The total area of a lot or parcel of land on which a building permit is to be issued or the total area of property being improved.
(f) The land being developed and/or subdivided.
(g) The act, process or result of developing.
(h) When the context so requires, a project plan as set forth in Section 15.03.300, Provo City Code.
“Development approval” means any written authorization from Provo City allowing commencement of development activity.
“Driveway” means a paved area with a minimum pavement section of four (4) inches (in thickness) concrete or two (2) inches of asphalt on top of a four (4) inch compacted base, used for ingress or egress of vehicles, and allowing access from a street to one (1) building, structure, or facility.
“Easement” means the right to use a quantity of land set aside over which a liberty, privilege or advantage in land, existing distinct from the ownership of the land, is granted to the public or to some particular person, party or part of the public.
“Excavation” means the mechanical removal of earth material.
“Floodplain setback” means a nonbuildable area of one hundred (100) feet measured from the high point of the bank of the Provo River as set forth in Chapter 15.05, Provo City Code.
“Fill” means a deposit of earth material by artificial means.
“Final approval” means the signing of a final plat by the Mayor.
“Final plat” means a map or chart of a land division with accompanying supplementary documents, which has been accurately surveyed, and such survey marked on the ground so that streets, alleys, blocks, lots, and other divisions can be identified.
“Foot-candle” means a measure of light falling on a given surface. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on a square foot surface one (1) foot away.
“French drain” means a sump or trench filled with crushed rock or gravel intended to receive storm water discharge.
“General Plan” means a document adopted by the City that describes general policies for proposed future development for the land within the municipality, as set forth in the Utah Code.
“Geotechnical engineer” means a civil engineer registered in the State of Utah with training and experience in soil engineering.
“Glare” means light that causes annoyance, discomfort or loss in visual performance and ability.
“Grading” means any excavating, cutting or filling or combination thereof.
“Grading plans” means a topographic development plan prepared by a registered Civil Engineer showing contours for before and after grading which do not exceed one (1) foot intervals.
“Hazardous conditions” means floodplain area, sensitive land, and land with a high water table which if disturbed is likely to be detrimental to life or property.
“High water table area” means that portion of Provo City encompassed in the following description:
Beginning at a point on the southeast corner of the Billings Annexation, which point is on the west boundary of South State Street northerly to the intersection of 1140 South Street; thence westerly along 1140 South Street to the Southern Pacific Railroad tracks; thence northwesterly along said railroad tracks to the Provo River and 500 North Street; thence east along 500 North Street to the intersection of 970 West Street; thence north along 970 West to 800 North; thence easterly along 800 North to 800 West Street, north along 800 West Street to 900 North Street; thence east along 900 North Street to the eastern boundary of Exchange Park; thence northerly along the east boundary of Exchange Park to Columbia Lane; thence northeasterly to the intersection of State Street and Moon River Avenue; thence northerly along Moon River Avenue to 300 West Street; thence north along 300 West Street to 1625 North Street; thence east along 1625 North Street to 200 West Street; thence northerly along 200 West Street to 2230 North Street; thence east along 2230 North to University Avenue; northerly along University Avenue to the intersection of 800 North in Orem; thence westerly along 800 North in Orem, Utah, to the base of the hill and the Provo Bench Canal; thence southerly along the Provo Bench Canal and the west corporate limits of Provo City to the intersection of the Orem Center Street extension and Carterville Road; thence southerly along Carterville Road to 1720 North Street; thence southwesterly along the base of the “Grandview Hill” to the intersection of 820 North and 1375 West; thence southerly to the Lake Bottom Canal; thence westerly and northwesterly along the Lake Bottom Canal to the Orem City corporate limits; thence west to Utah Lake; thence southerly and westerly along the Utah Lake shore to Interstate 15; thence southeasterly along I-15 to the northern limits of Springville City; thence east along the Springville City limits to the west boundary of the Billings annexation to Provo City; thence southerly along the west boundary of the Billings Annexation to the south boundary of said annexation; thence east to the point of beginning.
“Hillside area” means any lot or parcel with an average slope greater than ten percent (10%).
“Impact fee” means a payment of money imposed upon development activity as a condition of development approval. “Impact fee” does not mean a tax, a special assessment, a building permit fee, a hookup fee, a fee for project improvements, or other reasonable permit or application fee.
“Impact fee facilities plan” means a plan prepared separately or as part of a general plan which meets the requirements of the Impact Fees Act and which identifies:
(a) Demands placed upon existing public facilities by new development activity; and
(b) A proposed means by which Provo City will meet those demands.
“International Building Code” means the building code applicable to Provo City as provided in Section 9.52.010, Provo City Code.
“Irrigation ditch” means any system of canals or ditches originally constructed for irrigation use and maintained primarily for that use.
“Large-scale development” means any of the following:
(a) All performance developments.
(b) Subdivisions consisting of three (3) acres or more or ten (10) lots or more.
(c) Project plans with twenty (20) multiple-family units, commercial/industrial developments with three (3) acres or more.
“Lumen” means a measure of light energy generated by a light source.
“Metes and bounds” means a description of a lot or parcel of land by bearings and distances.
“Natural features” means non-manmade land characteristics, including drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.
“Natural state” means that portion of any lot or parcel which cannot be subjected to grading, removal of vegetation or building development.
“Off-site facilities” means facilities outside of the boundaries of the development which are designed and located to serve the needs of the subdivision or adjacent properties; usually lying between a development and existing facilities.
“On-site facilities” means facilities installed within or on the perimeter of the subdivision or development site.
“Open space” means primary and secondary conservation areas and other land conserved or set aside from development such as but not limited to public or private parks, trails, landscaped buffers, wetlands, meadows, forested areas, pastures, farm fields and other lands forming part of the ecologically connected matrix of natural areas significant due to wildlife habitat, water quality protection and other reasons.
“Open space subdivision” means a subdivision where open space is created pursuant to the requirements of this Title and which results from the reduction of minimum lot sizes otherwise required by Title 14, Provo City Code, within a subdivision.
“Oversize facilities” means facilities with added capacity designed to serve other property, in addition to the land within the boundaries of a development or development site.
“Parking lot” means an open area, other than a street or alley, used for the parking of more than four (4) automobiles, whether for free or for compensation.
“Parking lot aisle” means the traveled way by which cars enter and depart parking spaces. Aisle width standards are set forth in Section 14.37.100, Provo City Code. Parking aisles shall not be considered streets for purposes of this Title.
“Parkway” means a strip of real property between a curb adjacent to the paved portion of a street or road and a sidewalk running more or less parallel thereto.
“Phasing” means to complete a development with multiple stages in a logical order.
“Preliminary approval” means a recommendation for approval from the Planning Commission.
“Preliminary plat” means a map or chart of a proposed land division with accompanying supplementary documents.
“Primary conservation area” means wetlands, except wetlands that may be lawfully mitigated, lands with a one hundred (100) year floodplain, slopes exceeding thirty percent (30%), and soils subject to slumping.
“Project improvements” means site improvements and facilities planned and designed to provide service for development resulting from a development activity; and necessary for the use and convenience of the occupants or users of development resulting from a development activity. “Project improvements” does not mean system improvements.
“Proportionate share” means the cost of public facility improvements that are roughly proportional and reasonably related to the service demands and needs of any development activity.
“Public accessway” means a minimum ten (10) foot wide paved right-of-way providing safe, convenient and direct access for pedestrians and bicyclists to and from nearby residential areas, transit stops, neighborhood activity areas and other commercial and industrial areas or a twenty (20) foot wide paved right-of-way for the same purpose if usage by vehicular traffic is anticipated.
“Public facilities” means any or all of the following capital facilities that have a life expectancy of ten (10) or more years and are owned or operated by or on behalf of Provo City:
(a) Water rights and water supply, treatment and distribution facilities;
(b) Waste water collection and treatment facilities;
(c) Storm water, drainage, and flood control facilities;
(d) Municipal power facilities;
(e) Roadway facilities;
(f) Parks, recreation facilities, open space, and trails; and
(g) Public safety facilities.
“Public safety facility” means a building constructed or leased to house police, fire, or other public safety entities. “Public safety facility” does not mean a jail, prison, or other place of involuntary incarceration.
“Removal” means killing vegetation by any means, including but not limited to spraying, complete extraction, or cutting.
“Riprap” means an assemblage of broken stones or boulders erected on ground for use as a foundation to prevent erosion.
“Roadway facilities” means streets or roads that have been designated on an officially adopted subdivision plat, roadway plan, or general plan of the City, together with all necessary appurtenances. “Roadway facilities” includes associated improvements to Federal or State roadways only when the associated improvements are necessitated by the new development and are not funded by the State or Federal government. “Roadway facilities” does not mean Federal or State roadways.
“Rough grade” means the stage at which the elevation of land is within eight (8) inches of the elevation shown on an approved final plat.
“Second access” means providing an additional point of access for ingress and egress to a development as determined by the City Engineer.
“Secondary conservation area” means lands that are conserved to meet the open space requirements set forth in Section 15.04.030, Provo City Code.
“Sensitive lands” means any land area whose destruction or disturbance could immediately affect the life of the community by either:
(a) Creating hazardous conditions such as flooding and landslides;
(b) Destroying important public resources such as water supplies and the water quality of lakes and rivers; or
(c) Wasting important productive lands and renewable resources.
“Site” means any lot or parcel of land.
“Street” means any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular traffic which is an existing State, County or municipal roadway, or a street or way shown upon a plat, heretofore approved, pursuant to law or approved by official action, and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutter, sidewalks, parking areas, and other areas within the right-of-way. For the purpose of this Title, streets shall be classified as defined in Subsections (a) through (i) of this definition:
(a) “Major highway” means a major regional highway including an expressway, freeway or interstate highway designed to carry vehicular traffic:
(i) Into, out of, or through the regional area (inter-region); and
(ii) From one (1) political subdivision of the region to another, or from an interregional highway (intra-regional).
(b) “Major” or “arterial street” means that part of the street system serving as the principal network for through traffic flow via routes that connect areas of principal traffic generation and important highways entering the City as indicated on the Major and Local Street Plan Map in the General Plan.
(c) “Collector street” means the distributor and collector streets servicing traffic between arterial and local streets as indicated on the Major and Local Street Plan Map in the General Plan. These are streets used mainly for traffic movements within residential, commercial, and industrial areas and do not provide direct access to one-family residential unit or lot.
(d) “Local” or “minor street” means a street used primarily for direct access to residential, commercial, industrial, or other abutting property. Local streets should not include streets carrying through traffic. Long local streets should generally be divided into short sections by collector street systems.
(e) “Alley” means a public or private street designed to serve as access to the side or rear of properties whose principal frontage is on some other street.
(f) “Cul-de-sac” means a short dead-end street terminating in a vehicular turnaround area.
(g) “Half street” means a street parallel and contiguous to a property line which temporarily has a lesser right-of-way width and lesser improvements than is normally required for minor or major streets.
(h) “Service” or “frontage road” means a street or road paralleling and abutting major streets to provide access to adjacent property so that each adjacent lot will not have direct access to the major street.
(i) “Stub street” means a street or road extending from within a subdivision boundary and terminating with no permanent vehicular turnaround to permit adjacent parcels of land to be developed later with an adjacent connecting street system.
“Street right-of-way” means that portion of land dedicated to public use for street and utility purposes.
Subdivider. See “Developer.”
“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.
(a) “Subdivision” includes:
(i) The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and
(ii) Divisions of land for all residential and nonresidential uses, including all land used or to be used for commercial, agricultural, and industrial purposes; and
(iii) The combining of existing lots or parcels or portions thereof into one (1) or more lots or parcels of land, except as set forth in Subsection (b) of this definition.
(b) “Subdivision” does not include:
(i) A bona fide division or partition of agricultural land for the purpose of joining one (1) 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 any provision of Title 14, Provo City Code;
(ii) A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
(A) No new lot is created, and
(B) The adjustment does not result in a violation of Title 14, Provo City Code; or
(iii) A recorded document, executed by the owner of record, revising the legal description of more than one (1) contiguous parcel of property into one (1) legal description encompassing all such parcels of property; and
(iv) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a “subdivision” as to the unsubdivided parcel of property or subject the unsubdivided parcel to the subdivision requirements of this Title.
“Subsurface drainage” means any system of pipes, canals, ditches, moats, and the like that intercepts ground water and carries it to Provo River or Utah Lake.
“Surface drainage” means water runoff caused as a result of precipitation or irrigation.
“System improvements” means existing public facilities designed to provide services to service areas within the community at large; and future public facilities identified in a capital facilities plan intended to provide services to service areas within the community at large. “System improvements” does not mean project improvements.
“Unit of measure” means that basic gauging unit which can be quantified for measuring impact of development on the public facilities in question, and provides a fair and equitable method of assessing the demands for expanded public facilities, or the inflow/outflow of people, products, or waste, depending on the particular type of public facility; and may include, but shall not be limited to, the following measuring methods:
(a) Plumbing fixture units.
(b) Gallons per day.
(c) Water meter size, in inches.
(d) Number of equivalent dwelling units (EDUs).
“Vicinity plan” means a map or chart showing the relationship of streets and lands within a proposed subdivision to the streets and lands in the surrounding area.
“Wetlands” means lands that are generally inundated or saturated by surface or ground water at a frequency or duration to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
“Written analysis” means documentation of impact fee calculations which identifies the impact on system improvements required by the development activity; demonstrates how those impacts on system improvements are reasonably related to the development activity; and estimates the proportionate share of the costs of impacts on system improvements that are reasonably related to the new development activity.