(A) A "person" includes a corporation, a partnership, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure;" a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."
(Prior Code, Ch. 401 § 301.01)
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. Any dedicated public right-of-way providing a secondary means of access to abutting property.
APPLICANT. The owner of the land proposed to be subdivided or his or her representative.
ATTORNEY. The City Attorney.
BLOCK. The enclosed area within the perimeter of roads, outlots, property lines, or boundaries of the subdivision.
BOULEVARD. The portion of the street right-of-way between the curb line and the property line.
BUILDABLE LAND. Land with a slope less than 25%, and outside of any required setbacks, except that on a natural environment lake where a 300-foot structure setback is required, the building area calculation would be measured from a 150-foot setback rather than the required 200-foot setback; and above any floodway, drainage way, or drainage easement.
CITY. City of Lakeland.
COMPREHENSIVE DEVELOPMENT PLAN. A plan prepared by the city including a compilation of policy statements, goals, standards, and maps indicating the general location recommended for the various functional classes of land use, places, and structures, and for the general physical development of the city and includes any unit or part of the plan or parts there.
CONCEPT PLAN. A sketch preparatory to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the city as to form of the development and the objectives of these regulations. The sketch plan shall contain data in accordance with § 158.17(A).
CONTOUR INTERVAL. The vertical height between contour lines.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevation.
COPY. A print or reproduction.
COUNCIL. The Lakeland City Council.
COUNTY. Washington County, Minnesota.
CUL-DE-SAC. A street with only 1 outlet; a dead-end street; measured from the point where there is no secondary access.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative.
DEVELOPMENT. The act of subdividing land, building structures, and installing site improvements.
DEVELOPMENT AGREEMENT (major subdivision). A contract with the city in which the owner or developer agrees to take certain specified actions in consideration of the city's granting preliminary and final plat approval.
DOUBLE FRONTAGE LOTS. Lots which have a front line abutting on one street and a back or rear line abutting on another street.
DRAINAGE COURSE. A watercourse or indenture for the drainage of surface water.
DRAINAGE WAY. A natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another.
EASEMENT. A grant by an owner of land for specific use by persons other than the owner.
ENGINEER. The registered engineer employed by the city, unless otherwise stated.
FINAL PLAT. The map or plan or record of a subdivision and any accompanying material as described in these regulations.
GOVERNING BODY. The City Council of the city.
GRADE. The slope of a road, street or other public way specified in percentage terms (%).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A sewage treatment system, or part thereof, serving a dwelling or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. See Chapter 157.
LOT. An individual parcel of land designated by metes and bounds, registered land survey, plat, or other means, and which description is either recorded in the office of the Washington County Recorder or Registrar of Titles or used by the County Auditor-Treasurer or County Assessor to separate the parcel from other land for tax purposes.
LOT, CORNER. A lot bordered on a least 2 adjacent sides by intersecting streets.
MAJOR SUBDIVISION. All subdivision not classified as minor subdivision, including but not limited to subdivision of 4 or more lots, or any size subdivision requiring any new street or extension of an existing street.
METES AND BOUNDS. A property description in which successive sides are described and distance as one would walk around the area being described.
MINIMUM SUBDIVISION DESIGN STANDARDS. The guides, principles, and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the plan.
MINOR SUBDIVISION. Any subdivision containing 3 or less lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvement, and not adversely affecting the remainder of the parcel or adjoining property, and not to conflict with any provisions or portions of the Comprehensive Plan, Official Map, Zoning Regulations or this chapter.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OPEN SPACE DEVELOPMENT. A pattern of subdivision development which places residential dwelling units into compact groupings while providing a network of dedicated open space.
ORDINARY HIGH WATER LEVEL. The boundary public waters and wetlands; an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ORDINARY WATER LEVEL is the operating elevation of the normal summer pool. On lakes with an established high water level by the Minnesota Department of Natural Resources, that elevation shall be considered the ORDINARY HIGH WATER LEVEL.
OUTLOT. A lot remnant or any parcel of land included in a plat which is not buildable at the time of platting. The OUTLOT may be a large tract that could be subdivided in the future; or a lot which may be too small to comply with the minimum size requirements of zoning and subdivision ordinances; or a lot otherwise unsuitable for development and therefore not usable as a building site.
OWNER. All persons interested in a property as fee simple owner, life estate holder and/or encumbrance or contract for deed purchaser.
PEDESTRIAN WAY. A public right-of-way across or within a plat to be used by pedestrians or non-motorized vehicles.
PERSON. Any person, corporation, or association, including governmental agencies and political entities.
PLANNING COMMISSION. The City Planning Commission.
PRELIMINARY PLAT. The preliminary drawing or drawings as 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. PRELIMINARY PLAT shall contain data required as outlined in § 158.18.
PRIVATE STREET. A street serving as vehicular access to more than 2 parcels of land which is not dedicated to the public but is owned by 1 or more private parties.
PROTECTIVE/RESTRICTIVE COVENANTS. Contracts, agreements, or declarations entered into between private parties which constitute a restriction on the use of private property within a subdivision.
RESERVE STRIPS. A narrow strip of land placed between lot lines and the street to control access.
RIGHT-OF-WAY. The land covered by a public road or land dedicated for public use or for certain private use such as land over which a power line passes.
ROAD, DEAD-END. A road or a portion of a street with only 1 vehicular traffic outlet.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STREET, COLLECTOR. A road intended to move traffic from local roads to a secondary road and/or road designated as a COLLECTOR by the Minnesota Department of Transportation, the Metropolitan Council functional classification map, or the City Comprehensive Plan.
STREET, INTERMEDIATE OR MINOR ARTERIAL. Routes identified as MINOR ARTERIALS by the Minnesota Department of Transportation, the Metropolitan Council Functional Classification Map, or the City Comprehensive Plan. These streets are designed to serve heavy traffic volumes and their function is to provide mobility with substantially restricted access. They serve to connect communities and/or significant traffic generators or principal arterials, to relieve congestion, and to expand the capacity of other arterials.
STREET, LOCAL. A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.
STREET (SERVICE/FRONTAGE ROAD). A minor street parallel to and adjacent to high volume arterial streets and highways, which provides access to abutting properties and protection of through traffic.
STREET, RURAL DESIGN. A street without curb and gutter having either paved or gravel shoulders.
STREET, URBAN DESIGN. A street that incorporates either concrete or bituminous curb and gutter.
STREET WIDTH. The shortest distance between the lines delineating the roadways, including shoulders or parking lanes of a street. On urban designed streets it is face-to-face curbs.
SUBDIVIDER. The owner, agent, or person having control of such land as the term is used in this chapter.
SUBDIVISION. The process or result of the process whereby land is divided into 2 or more parcels for the purpose of transfer of ownership, building development or tax assessment purposes including platting, replatting, registered land survey, conveyance, sale, contract for sale, or other means by which a beneficial interest in land is transferred or created.
SURVEY, LAND. The process of determining boundaries and areas of tracts of land. Also called PROPERTY SURVEY or BOUNDARY SURVEY. The term "cadastral survey" is sometimes used to designate a land survey, but in this country its use should be restricted to the surveys of public lands of the United States (USPLS).
SURVEYOR. A land surveyor licensed under Minnesota state laws.
THOROUGHFARE. A street primarily designated to carry large volumes of traffic and provide for vehicular movement between and among large areas.
VICINITY MAP. A map drawn to comparatively small scale which shows the area proposed to be platted in relation to known geographical features, e.g., town centers, lakes, roads.
ZONING ORDINANCE. Regulations controlling the use of land as adopted by the city. Refer to Chapter 159.
(Prior Code, Ch. 401 § 301.02)