For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE PUBLIC FACILITIES. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the City Council based upon specific levels of service.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
ARTERIAL STREET. A street or highway, as designated in the comprehensive plan, that is intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of a surety bond in an amount and form satisfactory to the City Council. All BONDS shall be approved by the City Council whenever a bond is required by these regulations.
BOULEVARD. The portion of the street right-of-way between the curb line and property line.
BUFFER. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multiphase or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between the development and adjacent land uses.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
CAPITAL IMPROVEMENT. A public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the municipality.
CAPITAL IMPROVEMENTS PROGRAM. An itemized program for typically a five-year prospective period that sets the schedule, timing and details of specific capital improvements by year together with an estimated cost, the need for each improvement, and potential financial resources for the project. The program is reviewed annually or biennially with specific recommendations made to the community’s capital budget.
CENTRAL SEWER SYSTEM. A private sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve new subdivision in an outlying area. It includes water treatment and distribution facilities.
CERTIFY. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that the certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
CITY ATTORNEY. The attorney or legal firm appointed or engaged by the City Council to represent the city on questions arising under this chapter. The licensed attorney designated by the City Council to furnish legal assistance for the administration of these regulations.
CITY BUILDING INSPECTOR. The person designated by the municipality to enforce the building code.
CITY COUNCIL. The City Council of the City of Harris, Minnesota. The authorized body of the municipality having the power to approve subdivisions and adopt ordinances regulating the subdivision of land in the city.
CITY ENGINEER. The engineer or engineering firm appointed or engaged by the City Council to represent the city on questions arising under this chapter. The licensed engineer designated by the City Council to furnish engineering assistance for the administration of these regulations.
CITY PLANNER. The planner or planning firm appointed or engaged by the City Council to represent the city on questions arising under this chapter.
CITY ZONING ADMINISTRATOR. The city staff person designated by the city to enforce the subdivision regulations and the zoning regulations.
CLUSTER DEVELOPMENT ZONING. A technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.
COLLECTOR STREETS. A street, as designated in the city’s comprehensive plan, intended to move traffic from local streets to arterial streets. Typically, a COLLECTOR STREET serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
COMMON OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, associate, and/or family member together own a controlling interest in a corporation, firm, partnership, entity, or unincorporated association.
COMPREHENSIVE PLAN. A plan adopted by the City Council for development of the community and includes any part of the plan separately adopted and any amendment to the plan, or parts thereof.
CONDOMINIUM. A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
CONTIGUOUS. Lots are CONTIGUOUS when at least one boundary line of one lot touches a boundary line or lines of another lot.
COOPERATIVE. An entire project which is under the common ownership of a Board of Directors with units leased and stock sold to individual cooperators.
CORE SERVICE AREA. The area as designated in the comprehensive plan for public water and sewer services.
COUNTY. Chisago County, Minnesota.
CUL-DE-SAC STREET. A local street with only one outlet that terminates in a vehicular turnaround.
DESIGN CRITERIA. Standards that set forth specific improvement requirements.
DEVELOPER. The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. See SUBDIVIDER.
DEVELOPER’S AGREEMENT. A consensual agreement between the City Council and a developer conditioning approval of a plat upon the construction and installation of, and/or the payment for designated improvements, facilities and/or amenities.
EASEMENT. Authorization by a property owner for another party to use the owner’s property for a specified purpose. PRIVATE EASEMENTS are authorizations between private parties and not available to the general public. PUBLIC EASEMENTS are authorizations between a private landowner and the public.
ESCROW. A deposit of cash with the city or escrow agent to secure the promise to perform some act.
FINAL PLAT. The map of a subdivision to be recorded after approval by the City Council and any accompanying material as described in these regulations.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
GRADE. The slope of a road, street, or other public way specified in percentage terms.
HEALTH, SAFETY, OR GENERAL WELFARE. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
HIGHWAY, LIMITED ACCESS. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on 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.
HOMEOWNERS ASSOCIATION. See PROPERTY OWNERS ASSOCIATION.
IMPROVEMENTS. See LOT IMPROVEMENT or PUBLIC IMPROVEMENT.
INDIVIDUAL SEWER TREATMENT SYSTEM (ISTS). An on-site sanitary sewer treatment system or any other approved sewage treatment device.
INFILL DEVELOPMENT. Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.
LANDSCAPING. Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.
LOCAL STREET. A road, as designated in the comprehensive plan, whose function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sanitary sewer, water, and storm sewer lines, street trees, sidewalks and trails and other public purposes as approved by the City Council.
LOT. A portion of a subdivision intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of that intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object situated on a lot.
LOT WIDTH. The dimension of a lot measured at the building setback line or as further established by in the zoning regulations.
MAJOR SUBDIVISION. See SUBDIVISION, MAJOR.
MARKET VALUE. The fair market value of a designated unit at the time the value is determined by the City Council.
METES AND BOUNDS SUBDIVISION. See SUBDIVISION, METES AND BOUNDS.
MINIMUM DESIGN STANDARDS. The guidelines, principles and specifications for the design and layout of subdivisions indicating among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary and final plats.
MINOR SUBDIVISION. See SUBDIVISION, MINOR.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
MUNICIPALITY. The City of Harris, Minnesota.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, measured by number of service units to be generated by activity, and which requires either the approval of a plat pursuant to the city’s subdivision regulations, the issuance of a building permit, or connection to the city’s water or sanitary sewer system.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
OFFICIAL MAP. The map established by the City Council pursuant to state law that lay out new streets, street widenings or extensions, parks, public sites and other public facilities The OFFICIAL MAP and any amendments or additions, are adopted by the City Council.
ORDINANCE. Any legislative action, however denominated, of the municipality which has the force of law, including any amendment or repeal of any ordinance.
OWNER. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of SAME OWNERSHIP.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
PHASED SUBDIVISION APPLICATION. An application for subdivision approval submitted pursuant to a master preliminary plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time. A PHASED SUBDIVISION APPLICATION may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects, and residential developments.
PLANNED UNIT DEVELOPMENT (PUD). A development constructed on a tract of minimum size under single ownership planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land.
PLANNING COMMISSION. The City of Harris Planning Commission as established in accordance with law.
POLICE POWER. Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission and City Council for approval.
PRIVATE COVENANTS. Contracts entered into between private parties and constituting a restriction on the use of private property within a subdivision for the benefit of the property owners to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
PRIVATE STREET. A privately owned street.
PROPERTY OWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision, be it a lot, parcel site, unit plot, condominium, or any other interest, is automatically a member as a condition of ownership and each member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
PUBLIC HEARING. An adjudicatory proceeding held by the Planning Commission preceded by published notice and actual notice to certain persons and at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that plat approval should or should not be granted. The rules of civil procedure binding on the courts shall not, however, bind the Planning Commission.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the municipality may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which municipality responsibility is established.
PUBLIC MEETING. A meeting of the Planning Commission or City Council preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
REGISTERED ENGINEER. An engineer properly licensed and registered in the state.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state.
RESUBDIVISION. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term RIGHT-OF-WAY for land platting 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 as determined by the City Council.
ROAD, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have been designated in the comprehensive plan of the municipality and classified therein The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the municipality and its present and estimated future traffic volume and its relative importance and function as specified in the comprehensive plan of the municipality.
ROAD, DEAD-END. A road or a portion of a road with only one vehicular-traffic outlet.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
RURAL SERVICE AREA. The area in the city, as designated in the comprehensive plan, outside of the core service area and these areas are not available to public water and sewer services.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.
SCREENING. Either:
(1) A strip at least ten feet wide of densely planted (or having equivalent natural growth) 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
(2) An opaque wall or barrier or uniformly painted fence at least six feet high.
SECURITY. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
SETBACK. The distance between a building and the property line.
SHADE TREE. A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
SKETCH PLAT. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
STREET. A public way for vehicular traffic, whether designated as a street, highway, thoroughfare, arterial, parkway, throughway, road, avenue, lane, place or however otherwise designated.
STREET WIDTH. The shortest distance between the lines delineating the right-of-way of a street.
STRUCTURE. Anything constructed or erected.
SUBDIVIDE. The act or process of creating a subdivision.
SUBDIVIDER. Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(2) Who directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision;
(3) Who engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; and
(4) Who is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. SUBDIVISION includes the division or development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. SUBDIVISION includes metes and bounds subdivision, minor subdivision, major subdivision, resubdivision, and condominium creation or conversion.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
SUBDIVISION, MAJOR. All subdivisions not classified as minor subdivisions, including but not limited to any size subdivision requiring any new street or extension of the public improvements or facilities, located in sensitive areas such as floodplains or shorelands or the dedication of any public rights-of-way.
SUBDIVISION, METES AND BOUNDS. A subdivision created by a metes and bounds survey which describes the land by measure of length (metes) and boundary lines (bounds).
SUBDIVISION, MINOR.
(1) Subdivisions where:
(a) A platted recorded lot is being split into a maximum of five lots; or
(b) A maximum of five lots are being combined into four or fewer lots. All resulting lots must meet the minimum lot size and area requirements listed in the applicable zoning district regulations.
(2) The minor subdivision process shall not be allowed in the following situations:
(a) Any lot within an approved planned unit development (PUD);
(b) Any unplatted lands;
(c) Where the subdivision includes the dedication of additional right-of-way or private or public easements, or a change in existing streets, alleys, water mains, sewer mains or other major public improvements; and
(d) Where new streets, utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connection to an existing and approved system.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TRACT. A lot. The term TRACT is used interchangeably with the term LOT, particularly in the context or subdivision, where a TRACT is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.
TRANSFER OF DEVELOPMENT RIGHTS. The conveyance of development rights by deed, easement, or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
VESTED RIGHTS. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
ZONING CODE. The zoning regulations controlling the use of land in the City of Harris as adopted by the City Council,
(Ord. passed 1-23-2001)