For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
APPLICANT. The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed.
BEST MANAGEMENT PRACTICES (BMPs). Best management practices as described in current Minnesota Pollution Control Agency's manual and other sources as approved by the city.
BLOCK. An area of land within a subdivision which is entirely bounded by streets or by a combination of streets, railroad right-of-way or public parks, the exterior boundary or boundaries of the subdivision or the shoreline of the above with a lake, stream or river.
BOULEVARD. That portion of the street right-of-way between the curb line or edge of pavement and the property line.
BOUNDARY LINES. Lines indicating the bounds or limits of any tract or parcel of land.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.
BUILD OUT PLAN (GHOST PLAT). A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks and utility systems for oversized lots, outlots or undeveloped land within or adjoining a preliminary plat.
BUILDABLE LAND. Contiguous land area occurring within the property lines of a parcel of lot excluding wetlands and/or water courses.
BUILDING LINE. Also referred to as a setback line, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities.
CAPITAL IMPROVEMENT PLAN. An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that the improvements will have on the current operating expense of the government and other information on capital improvements as may be pertinent.
CERTIFICATE OF SURVEY. A land survey prepared by a land surveyor registered in the State of Minnesota with a certification that the information on the land survey is accurate.
COMMON OPEN SPACE. Any open space, including parks, nature areas, playgrounds, trails and recreational buildings and structures owned in common by a group of property owners.
COMMUNITY WATER AND SEWER SYSTEMS. Utility systems serving more than one building or lot.
COMPREHENSIVE PLAN. The Lino Lakes Comprehensive Plan.
CONDOMINIUM. Multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 through 515.29, as they may be amended from time to time.
CONSERVATION DEVELOPMENT. The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space.
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.
CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter; for example, a 20 inch diameter tree has a CRZ with a radius of 20 feet.
CUL-DE-SAC. See STREET.
DESIGN STANDARDS. The specifications for the preparation of concept plans, preliminary plats and final plats indicating, among other things, the optimum minimum or maximum dimensions of the features as rights-of-way and blocks, as set forth in this chapter.
DEVELOPER. A person who submits an application for the purpose of land subdivision as defined herein. The DEVELOPER may be the owner or authorized agent of the owner of the land to be subdivided.
DIAMETER AT BREAST HEIGHT. The diameter of a tree measured at diameter breast height (four and one-half feet from the uphill side of the existing ground level). If a tree splits into multiple trunks below four and one-half feet, then the trunk is measured at its narrowest point beneath the split.
DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree or one foot per one inch of diameter, whichever is greater.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons, for a specific purpose or purposes.
ESCROW. The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this chapter.
FILTER STRIP. A linear strip of land along a lake, wetland, river, creek or stormwater ponding area where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater.
FINANCIAL GUARANTEE. A financial security consistent with § 1001.148, posted with the city with the approval of a final plat, guaranteeing compliance with the approved final plat, construction plans and conditions of approval set forth by the city.
FRONTAGE. See LOT, FRONTAGE.
GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet of horizontal distance measured at the center line of the street.
HIGH WATER LEVEL. The water level in a watercourse which could be predicted to occur as a result of the critical 100-year runoff event using United States Department of Agriculture Soil Conservation Service methodology, as approved by the city.
IMPROVEMENT, PUBLIC. Any drainage facility, street, parkway, park, lot improvement 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 city responsibility is established.
LAND DISTURBANCE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity.
LOT or LOT OF RECORD. A contiguous parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a PARCEL.
LOT AREA. The total area within the lot lines of a lot measured in a horizontal plan.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling or townhome subdivision.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line measured from a 90 degree angle from the street right-of-way within the lot boundaries.
LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot.
LOT, FLAG. A lot that has access to a public street via a narrow strip but does not have the full required frontage on a public street.
LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.
LOT, INTERIOR. A lot, other than corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
LOT LINE, FRONT. The lot line separating a lot from the street right-of-way along the lot frontage.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this chapter, the REAR LOT LINE of a triangular lot shall be a line entirely within the lot at least ten feet long and parallel to and most distance point from the front lot line. If the front lot line on a lot is curved, the REAR LOT LINE shall be parallel to a line tangent to the front lot line.
LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear lot lines.
LOT, THROUGH. A lot fronting on two parallel streets.
LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivisions of a two-family dwelling or townhome having different minimum lot size requirements than the conventional base lots within the zoning district.
LOT WIDTH. The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul-de-sac, the lot width is measured along a line parallel to a tangent to the front lot line.
METES AND BOUNDS. A method of property description by means of their direction and distance from an identifiable point of beginning.
MINOR SUBDIVISION. A subdivision which results in three or fewer residential parcels, tracts or lots from one or two existing parcels, tracts or lots; or the exchange of abutting land between owners through the relocation of the boundary line between two abutting, existing parcels of property which does not result in the creation of any new lot.
NORMAL WATER LEVEL. A level of water in a watercourse when the watercourse is not in the process of receiving or discharging storm water runoff. The NORMAL WATER LEVEL will typically be the outlet elevation of a pond, lake or other standing water body.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands as determined by the Minnesota Department of Natural Resources: an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
OUTLOT. A parcel of land shown on a subdivision plat as an outlot and designated alphanumerically (for example - Outlot A.) OUTLOTS are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer's agreement or other agreement between the city and the developer.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
PEDESTRIAN AND/OR BICYCLE TRAIL. An easement or land dedication given to the city for the purpose of providing walking and/or bicycling areas to city residents. The trails shall provide recreational opportunity and also access to parks, natural areas and public land in accordance with the city's adopted trail plan.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. § 505, as may be amended from time to time.
PLAT, FINAL. The final map or drawings and accompanying material described in §§ 1001.055 et seq. on which the developer's plan or subdivision is presented to the City Council for approval and which, if approved, will be submitted to the office of the city recorder or Registrar of Titles for filing.
PLAT, PRELIMINARY. The preliminary map or drawings and accompanying material described in §§ 1001.040 et seq. indicating the proposed layout of the subdivision to be submitted to the city for their consideration for compliance with the Comprehensive Plan, the Zoning Chapter and these regulations along with required supporting data.
PROTECTIVE COVENANT. A restriction of the use placed upon the property by a present or former owner and recorded in the office of the city recorder or the Registrar of Titles. The city will not be responsible to enforce private protective covenants.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of registered land survey number.
REGISTERED LAND SURVEYOR. A land surveyor licensed and registered in the state.
RESUBDIVISION. A change in an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved for public use, or any lot line or if it 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, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another 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. RIGHT-OF-WAY intended for streets, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which the RIGHT-OF-WAY is established.
ROAD RIGHT-OF-WAY WIDTH. The horizontal distance between the outside edges of a road right-of-way.
SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line or other facility.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage and 300 feet from a river or stream or the landward extent of a flood plain designated in Chapter 1102 on a river or stream, whichever is greater. The limits of SHORELAND may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources.
SIGNIFICANT TREE. See definition of TREE.
SPECIMEN TREE. See definition of TREE.
STREET. A right-of-way affording access by pedestrians and vehicles, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private ingress and egress easements shall not be considered STREETS.
STREET, IMPROVED. A street that is paved according to city standards.
STREET, CUL DE SAC. A local street, one end of which is closed and consists of a circular turn around.
STREET PAVEMENT WIDTH. The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder.
SUBDIVISION. The creation of one or more lots under the provisions of this chapter or any division of an existing lot.
TREE. Any of the following type of trees, as each is defined herein:
(a) CONIFEROUS TREE. A woody plant which, at maturity, is at least 12 feet or more in height, having foliage on the outermost portion of the branches year round.
(b) DECIDUOUS TREE. A woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown, and which sheds leaves annually.
(c) SIGNIFICANT TREE. A healthy tree measuring a minimum of six inches in diameter for deciduous trees, or a minimum of 12 feet in height for coniferous trees.
(d) SIGNIFICANT TREE STAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees six inches or larger in diameter or coniferous trees 12 feet or higher in height.
(e) SPECIMEN TREE. A healthy hardwood tree measuring equal to or greater than 30 inches in diameter and/or a coniferous tree measuring 50 feet or greater in height.
TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect.
TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The TREE PRESERVATION PLAN shall include the size, species, tag numbers and location of all significant trees proposed to be saved and removed on the area of development and the measures proposed to protect the significant trees to be saved.
WATERCOURSES. Any natural or man-made passageway on the surface of the earth so situated and having a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, sales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers.
ZONING CHAPTER. The Lino Lakes Zoning Chapter, as may be amended, regulating the use of land within the incorporated boundaries of Lino Lakes.
(Ord. 04-03, passed 2-24-2003; Am. Ord. 02-09, passed 2-23-2009.)