As used in this part 1, unless the context otherwise
requires:
(1) Disposition means a contract of sale resulting in the transfer of
equitable title to an interest in subdivided land; an option to purchase an interest in
subdivided land; a lease or an assignment of an interest in subdivided land; or any
other conveyance of an interest in subdivided land which is not made pursuant to
one of the foregoing.
(2) Evidence means any map, table, chart, contract, or other document or
testimony, prepared or certified by a qualified person to attest to a specific claim or
condition, which evidence shall be relevant and competent and shall support the
position maintained by the subdivider.
(3) Municipal planning commission means any planning commission or
other body charged with the functions of such commission of any city, city and
county, or incorporated town, whether created pursuant to the authority of state
statute or of home rule charter.
(4) Planning commission means either a planning commission or, in a
county where there is no planning commission, the board of county commissioners.
(5) Plat means a map and supporting materials of certain described land
prepared in accordance with subdivision regulations as an instrument for recording
of real estate interests with the county clerk and recorder.
(6) Preliminary plan means the map of a proposed subdivision and
specified supporting materials, drawn and submitted in accordance with the
requirements of adopted regulations, to permit the evaluation of the proposal prior
to detailed engineering and design.
(7) Region means the area encompassed by a regional planning
commission, being the combined land areas subject to the jurisdiction of the
participating governmental units.
(8) Sketch plan means a map of a proposed subdivision, drawn and
submitted in accordance with the requirements of adopted regulations, to evaluate
feasibility and design characteristics at an early state in the planning.
(9) Subdivider or developer means any person, firm, partnership, joint
venture, association, or corporation participating as owner, promoter, developer, or
sales agent in the planning, platting, development, promotion, sale, or lease of a
subdivision.
(10) (a) Subdivision or subdivided land means any parcel of land in the
state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a
filing which complied with the provisions of this part 1 with substantially the same
density, or which is divided into two or more parcels, separate interests, or interests
in common, unless exempted under paragraph (b), (c), or (d) of this subsection (10).
As used in this section, interests includes any and all interests in the surface of
land but excludes any and all subsurface interests.
(b) The terms subdivision and subdivided land, as defined in paragraph (a)
of this subsection (10), shall not apply to any division of land which creates parcels
of land each of which comprises thirty-five or more acres of land and none of which
is intended for use by multiple owners.
(c) Unless the method of disposition is adopted for the purpose of evading
this part 1, the terms subdivision and subdivided land, as defined in paragraph
(a) of this subsection (10), shall not apply to any division of land:
(I) Which creates parcels of land, such that the land area of each of the
parcels, when divided by the number of interests in any such parcel, results in
thirty-five or more acres per interest;
(II) Which could be created by any court in this state pursuant to the law of
eminent domain, or by operation of law, or by order of any court in this state if the
board of county commissioners of the county in which the property is situated is
given timely notice of any such pending action by the court and given opportunity to
join as a party in interest in such proceeding for the purpose of raising the issue of
evasion of this part 1 prior to entry of the court order; and, if the board does not file
an appropriate pleading within twenty days after receipt of such notice by the
court, then such action may proceed before the court;
(III) Which is created by a lien, mortgage, deed of trust, or any other security
instrument;
(IV) 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 an investment entity;
(V) Which creates cemetery lots;
(VI) Which creates an interest in oil, gas, minerals, or water which is severed
from the surface ownership of real property;
(VII) Which is created by the acquisition of an interest in land in the name of
a husband and wife or other persons in joint tenancy or as tenants in common, and
any such interest shall be deemed for purposes of this subsection (10) as only one
interest;
(VIII) Which is created by the combination of contiguous parcels of land into
one larger parcel. If the resulting parcel is less than thirty-five acres in land area,
only one interest in said land shall be allowed. If the resulting parcel is greater than
thirty-five acres in land area, such land area, divided by the number of interests in
the resulting parcel, must result in thirty-five or more acres per interest. Easements
and rights-of-way shall not be considered interests for purposes of this
subparagraph (VIII).
(IX) Which is created by a contract concerning the sale of land which is
contingent upon the purchaser's obtaining approval to subdivide, pursuant to this
article and any applicable county regulations, the land which he is to acquire
pursuant to the contract;
(X) Which creates a cluster development pursuant to part 4 of this article.
(d) The board of county commissioners may, pursuant to rules and
regulations or resolution, exempt from this definition of the terms subdivision and
subdivided land any division of land if the board of county commissioners
determines that such division is not within the purposes of this part 1.
(11) Subdivision improvements agreement means one or more security
arrangements which a county shall accept to secure the actual cost of construction
of such public improvements as are required by county subdivision regulations
within the subdivision. The subdivision improvements agreement may include any
one or a combination of the types of security or collateral listed in this subsection
(11), and the subdivider may substitute security in order to release portions of the
subdivision for sale. The types of collateral which may be used as security under
the subdivision improvements agreement are as follows: Restrictions on the
conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the
subdivision as set forth on the plat or as recorded by separate instrument;
performance or property bonds; private or public escrow agreements; loan
commitments; assignments of receivables; liens on property; letters of credit;
deposits of certified funds; or other similar surety agreements. Security, other than
plat restrictions, required under the subdivision improvements agreement shall
equal in value the cost of improvements to be completed but shall not be required
on the portion of the subdivision subject to plat restriction. The county shall not
require security arrangements with collateral arrangements in excess of the actual
cost of construction of the public improvements. The amount of security may be
incrementally reduced as subdivision improvements are completed.
(12) Unincorporated means situated outside of cities and towns, so that,
when used in connection with territory, areas, or the like, it covers, includes, and
relates to territory or areas which are not within the boundaries of any city or town.