(A) Rules. Words used in the present tense include the past and future tense; the singular includes the plural and the plural includes the singular; the word ‘’shall’‘ is mandatory, and the words ‘’should’‘ and ‘’may’‘ are permissive. In the case of conflicting provisions in the text of these regulations, the more restrictive shall apply.
(B) Definitions. For the purpose of this part, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A narrow public right-of-way, which normally affords a secondary means of vehicular access to abutting property.
ATTORNEY. The attorney employed by the city unless otherwise stated.
BLOCKS. The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision.
BOULEVARD. The portion of the street right-of-way between the curb line and the property line.
CITY. The City of Henderson.
CLUSTER DEVELOPMENT. A subdivision development planned and constructed so as to group housing units into patterns while providing a unified network of open space and wooded areas, and meeting the overall density regulations of this chapter.
COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its surroundings and includes any unit or part of such plan, which is separately adopted, and any amendment to such plan or parts thereof.
CONCEPT PLAN or SKETCH PLAN. A generalized plan of a proposed subdivision indicating lot layout, streets, park areas and water and sewer systems presented to the city officials at the pre-application meeting.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.
COPY. A print or reproduction made from a tracing.
COUNTY. Sibley County, Minnesota.
DEVELOPMENT. The act of building structures and installing site improvements.
DRAINAGE COURSE. A watercourse or indenture for the drainage of surface water.
EASEMENT. A granting of land by an owner for a specific use by persons other than the owner.
ENGINEER. The registered engineer or consulting firm hired or employed by the city unless otherwise stated.
FINAL PLAT. The final map drawing or chart on which the subdivider’s plan of subdivision is presented to the City Council for approval, and if approved, will be submitted to the County Recorder.
GOVERNING BODY. Henderson City Council.
KEY MAP. A map drawn to a comparatively small scale, which defines and shows the area proposed to be platted and the areas surrounding it to a given distance.
LOT. Lot, parcel or portion of land in a subdivision or plat of land, separated, from other parcels or portions by description as on a subdivision or record of survey may, for the purpose of sale or lease or separate use thereof.
LOT, BUTT. A lot located on the end of a block excluding the two corner lots.
LOT, CORNER. A lot located at the intersection of two streets; and the interior angle of the intersections do not exceed 135 degrees.
LOT, DOUBLE FRONTAGE. A lot that has a front lot line abutting on one street and a back or rear lot line abutting another parallel street.
LOT, THROUGH. Any lot other than a corner lot that abuts more than one street.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
LOT LINE. The property line bounding a lot. Except where any portion of a lot extends into the right-of-way of proposed public right-of-way, the line of such right-of-way shall be the LOT LINE.
LOT WIDTH. The horizontal distance between the side of lines of the lot, measured parallel to the front line of the lot at the setback line.
METES AND BOUNDS DESCRIPTION. A description for real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by describing lines or portions thereof.
MINIMUM SUBDIVISION DESIGN STANDARDS. The guides, principles and specifications for the preparation of subdivision plats indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the plan.
MINOR SUBDIVISION. A subdivision of small size situated in a locality where conditions are well defined that may be exempt from the strict regulations of this chapter.
OWNER. An individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided or to commence and maintain proceedings to subdivide the same under these regulations.
PEDESTRIAN WAY. A public right-of-way across or within a block intended to be used by pedestrians.
PERSON. Any individual, firm, association, syndicate or partnership, corporation, trust or any other legal entity.
PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development whereby buildings are grouped or clustered in and around common open space areas in accordance with a pre-arranged site plan, and where the common open space is owned by the homeowners and maintained by a homeowners association.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Ch. 505, as it may be amended from time to time, and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and Ch. 505, as they may be amended from time to time.
PRELIMINARY APPROVAL. Official action taken by a municipality on an application to create a subdivision which establishes the rights and obligations set forth in M.S. § 462.358, as it may be amended from time to time, and the applicable provisions of this chapter.
PRELIMINARY PLAT. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration.
PROTECTIVE 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, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
RIGHT-OF-WAY. Public land used or to be used as a street or highway, including alleys and boulevards.
SKETCH PLAN. A sketch of a proposed subdivision showing the information specified in § 909.05 of this chapter.
STREET. A public way for vehicular traffic, whether designed as a street, highway, thoroughfare, arterial parkway, throughway road, avenue, lane, place or however otherwise designated.
(a) ARTERIAL STREET. A street or highway with access restrictions designed to carry large volumes of traffic between various sections of the city and beyond.
(b) COLLECTOR STREET. A street which carries traffic from local streets to arterials.
(c) CUL-DE-SAC STREET. A turn-around with only one outlet.
(d) LOCAL STREET. A street of limited continuity use primarily for access to the abutting properties and the local need of a neighborhood.
(e) PRIVATE STREET. A street serving as vehicular access to one or more parcels of land which is not dedicated to the public but is owned by one or more private parties.
(f) SERVICE STREET. Marginal access street, or a minor street, which is parallel or perpendicular and adjacent to a thoroughfare providing access to abutting properties, and provides protection from through traffic.
STREET WIDTH. For the purpose of this chapter, the shortest distance between the lines delineating the right-of-way.
SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term includes re-subdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SURVEYOR. A person duly registered as a land surveyor by the state.
TRACING. A plat or map drawn on transparent paper or cloth which can be reproduced by using regular reproduction procedure.