For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. As defined in Chapter 155, the city’s zoning chapter.
ALLEY. A minor public right-of-way which affords a secondary means of vehicular access to abutting property.
ADMINISTRATOR. The Apple Valley City Administrator.
APPLICANT. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
ATTORNEY. The Apple Valley City Attorney.
BLOCK. An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision and/or bodies of water.
BOND. Any form of security including a cash deposit, surety bond or letter of credit in an amount and form satisfactory to the City Council.
BOULEVARD. Portion of a street right-of-way between the curb or curb line and the property line.
BUILDING. Any structure having a roof which may shelter or enclose persons, animals or chattel.
BUILDING SETBACK. The minimum horizontal distance from a lot boundary to the nearest part of the foundation wall, except that no roof, eave or overhang shall project more than 30 inches into the setback zone.
CAPITAL IMPROVEMENTS PROGRAM. A proposed city schedule of future projects or capital purchases listed in order of priority together with cost estimates and the anticipated means of financing each project.
COMMISSION. The Planning Commission of the City of Apple Valley.
COMPREHENSIVE GUIDE PLAN. The duly adopted plan guiding the land use development of the city.
CONSTRUCTION PLAN. The map or drawing accompanying a subdivision plat and illustrating the specific location and design of improvements to be installed in the subdivision in accordance with engineering and ordinance requirements of the city and as conditioned in the approval of the plat.
COUNCIL. The Apple Valley City Council.
COUNTY RECORDER. The COUNTY RECORDER when referred to abstract or registered property under the torrens system in Dakota County, Minnesota.
CUL-DE-SAC. A local street with only one vehicular outlet and having an appropriate terminal for the safe and convenient reversal of traffic.
DAKOTA COUNTY PLAT COMMITTEE. A committee established by the Dakota County, Minnesota, Board of Commissioners to review plats.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
DWELLING. As defined in Chapter 155, the city’s zoning chapter.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ESCROW. A deposit of cash in lieu of an amount required and still in force on a performance or maintenance bond.
ENGINEER. The Apple Valley City Engineer.
EXCAVATION. As defined in Chapter 155, the city’s zoning chapter.
FINAL PLAT. A drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by this chapter to be presented to the City Council for approval, and which, if approved, may be duly filed with the County Register of Deeds.
FRONTAGE. The side of a lot abutting on a public street right-of-way.
GOVERNING BODY. The Apple Valley City Council.
GRADE. The slope specified in percentage terms.
HIGHWAY, LIMITED ACCESS. A freeway or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property of lands and other persons have no legal right to access to or from the same, except at points and in a manner as may be determined by the public authority having jurisdiction over the trafficway.
IMPROVEMENTS. See definition of “public improvements.”
LICENSED ENGINEER. A person licensed as a professional civil engineer by the State of Minnesota.
LOT. As defined in Chapter 155, the city’s zoning chapter.
(1) CORNER LOT. As defined in Chapter 155, the city’s zoning chapter.
(2) THROUGH LOT. As defined in Chapter 155, the city’s zoning chapter.
LOT AREA. As defined in Chapter 155, the city’s zoning chapter.
LOT DEPTH. As defined in Chapter 155, the city’s zoning chapter.
LOT LINE. As defined in Chapter 155, the city’s zoning chapter.
(1) FRONT LOT LINE. As defined in Chapter 155, the city’s zoning chapter.
(2) REAR LOT LINE. As defined in Chapter 155, the city’s zoning chapter.
(3) SIDE LOT LINE. As defined in Chapter 155, the city’s zoning chapter.
LOT OF RECORD. As defined in Chapter 155, the city’s zoning chapter.
LOT WIDTH. As defined in Chapter 155, the city’s zoning chapter.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Dwelling units may be erected, at the discretion of the city, by permitting a portion of a subdivision to be temporarily developed for this purpose.
MULTIPLE DWELLING. A structure used for residential living uses and having more than one dwelling unit in the same building.
NONACCESS EASEMENT. An easement restricting vehicular access from a public street to public or private property.
OFFICIAL MAP. A map duly adopted by the Apple Valley City Council pursuant to the provisions of Minnesota State Statutes.
OUTLOT. A platted lot to be developed for a use which will not involve a building or be reserved for future replatting before development.
OWNER. Any individual, firm, corporation, association, syndicate, partnership or trust but shall mean the fee owner or owners and may include others with an interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PEDESTRIAN WAY. A public pedestrian walkway provided between lots where required by the city to allow for pedestrian accessibility to streets or public service areas. This may also be referred to as a “trailway.”
PERFORMANCE BOND. A bond granted by the person(s) platting property to the city to guarantee the installation of improvements required herin.
PLANNED DEVELOPMENT. As defined in Chapter 155, the city’s zoning chapter.
PLANNING COMMISSION. The duly appointed Planning Commission of the City of Apple Valley, Minnesota.
PRELIMINARY PLAT. A drawing clearly marked “PRELIMINARY PLAT” showing salient features of a proposed subdivision as specified in this chapter.
PROTECTIVE COVENANT. A contract between parties which constitutes a restriction on the use of the property for the benefit of the owners.
PUBLIC IMPROVEMENT. Any drainage ditch, street, sidewalk, public utility, pedestrian way, tree or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
PUBLIC LAND. Land owned and/or operated by a governmental unit.
PUBLIC SERVICES. Nongovernmental services provided by private utility companies including gas, electric, cable TV, telephone, etc.
PUBLICATION. An official notice, as prescribed by state statutes, in a newspaper so designated for this purpose by the City Council.
REGIONAL PLANNING COMMISSION. This shall mean the Metropolitan Council of the Twin Cities Metropolitan Area.
REGISTERED ENGINEER. An engineer properly licensed and registered in the State of Minnesota.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the State of Minnesota.
REPLAT. The platting of an area that was previously platted.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a public street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary sewer or storm sewer main, shade trees or for another special use. The usage of the term RIGHT-OF-WAY for landplatting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY and not included within the dimensions or areas of the lots or parcels. RIGHTS- OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which the RIGHT-OF-WAY is established.
SCREENING. A strip of densely planted or natural growth with shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high or an opaque wall or barrier or uniformly painted fence at least six feet high. Either planting or barrier shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof.
SHALL. Is mandatory.
SKETCH PLAN. A sketch of a proposed subdivision showing information specified in § 153.22.
SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including
heating and cooling of buildings and other energy using processes, or to produce generated power by means of any combination of collecting, transferring or converting solar generated energy.
SOLAR SKYSPACE. The space between a solar collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
STREET. A public right-of-way which affords a primary means of access to abutting property.
(1) ARTERIAL STREET. A street which serves or is designed to serve heavy flows of traffic and which is primarily used as a route for traffic between communities and/or heavy traffic generating areas.
(2) COLLECTOR STREET. A street which serves or is designed to serve as a traffic-way for a neighborhood or as a feeder to an arterial street.
(3) DEAD-END or CUL-DE-SAC STREET. A street with only one vehicular outlet.
(4) HALF STREET. A street designed to provide access to only one side of the right-of-way.
(5) LOCAL STREET. A street to serve primarily as an access to abutting properties.
(6) PRIVATE STREET. A street which is not dedicated to the city for public use.
(7) SERVICE STREET. A marginal access street which is generally parallel to and adjacent to a major street.
STREET PAVEMENT. The wearing surface of a street.
STREET WIDTH. The width of the right-of-way, measured at right angles to the center line of the street.
SUBDIVIDER. Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either by himself, herself or with others.
SUBDIVISION. The division of any parcel of land into two or more lots, blocks or parcels. It also includes resubdivision of land and when appropriate to the context, relates to the process of subdividing.
SUBDIVISION GRADING. The movement, compacting, storage or removal of soil from an approved preliminary or final plat or subdivision, the purpose of which is to match the grades stipulated on the approved preliminary plat grading plan.
SURVEYOR. A person duly registered as a land surveyor by the state.
STRUCTURE. As defined in Chapter 155, the city’s zoning chapter.
TRAILWAY. An area so designated on a plat for public trail use in a manner regulated by the city.
USE. As defined in Chapter 155, the city’s zoning chapter.
VARIANCE. An exception granted by the City Council from the literal provisions of these subdivision regulations where unique conditions exist which do not apply to the area in general.
YARD. As defined in Chapter 155, the city’s zoning chapter.
ZONING DISTRICT. As defined in Chapter 155, the city’s zoning chapter.
(‘81 Code, § B1-9) (Ord. 293, passed 4-21-83; Am. Ord. 521, passed 10-10-91)