(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) Special words:
(1) Words used in the plural include the singular.
(2) The word “herein” means “in these regulations”.
(3) A “person” includes a corporation, a partnership, and an incorporated association of persons, such as a club.
(4) “Shall” is always mandatory.
(C) Words and terms defined:
ALLEY. A public vehicular way which affords a secondary means of vehicular access to abutting property and which is not intended for general traffic circulation.
APPLICANT. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
BLOCK. An area of land within a subdivision which is entirely bounded by streets or by streets, railroad rights-of-way, waterways, or exterior boundaries of the subdivision.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the governing body. All bonds shall be approved by the governing body wherever a bond is required by these regulations.
CITY COUNCIL. The governing body of the city.
COMPREHENSIVE MUNICIPAL PLAN (COMPREHENSIVE PLAN). A compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A Comprehensive Plan represents the Planning Commission's recommendations for the future development of the municipality and adopted by the city.
CROSSWALK or PEDESTRIAN WAY. A municipally owned right-of-way which crosses a block and furnishes pedestrian access to adjacent streets or properties.
CUL-DE-SAC. A street having one end open to traffic and being permanently terminated by a circular turnaround for vehicles.
EASEMENT. A grant by a property owner for the use of a portion of land by the public, a corporation or persons for use for specific purposes, such as the construction of utilities, drainageways and roadways.
ENGINEER. The City Engineer or a duly authorized consultant engineer.
ESCROW. A deposit of cash in lieu of an amount required and still in force on a performance or maintenance bond.
FINAL PLAT. All required maps, information, and documents as set forth in these Subdivision Regulations and as required by the Planning Commission and Council.
FRONTAGE. That side of a lot abutting on a street.
GOVERNING BODY. The body of the local government having the power to adopt ordinances.
GRADE. 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.
LOT. The smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT DEPTH. The mean horizontal distance between the street right-of-way line and the opposite rear line of the lot.
LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The mean horizontal distance between the side property lines of a lot.
MAJOR SUBDIVISION. A subdivision of a parcel or parcels of property in which more than one additional parcel or lot is created in unplatted lands, or more than two additional parcels or lots are created in platted lands.
MINOR SUBDIVISION. A subdivsion of a parcel or parcels of property in which no more than one additional parcel or lot is created in unplatted lands, or no more than two additional parcels or lots are created in platted lands.
MONUMENT. Concrete and/or metal markers utilized to establish survey points and lot boundaries.
MUNICIPAL ATTORNEY. The licensed attorney designated by the governing body to furnish legal assistance for the administration of these regulations.
OPEN SPACE. An area of land preserved from building development and reserved for the use of the general public or a homeowners' association for the purpose of active and passive recreation and certain necessary community facilities.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
PARKS. Area of public land developed and maintained primarily as pleasurable, landscaped areas providing for both active and passive recreational pursuits, including tot-lots, playgrounds, neighborhood parks, play fields, and special purpose areas.
PLANNING COMMISSION. A governmental agency appointed by the governing body according to M.S. §§ 462.351 through 462.363 or, in the event a Planning Commission is nonexistent, the governing body shall assume all the responsibility assigned to the Planning Commission by this chapter. Except as otherwise expressly provided, the Planning Commission shall have only advisory powers to the Council.
PLAT. A map or drawing indicating the subdivisions or resubdivision of land. Intended to be filed for record.
PRELIMINARY PLAT. All required maps, information, and documents as set forth in these regulations and as required by the Planning Commission and Council for approval.
PUBLIC IMPROVEMENT. Any drainage, ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, sewer, water system, storm sewer, 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. All such improvements shall be properly bonded.
RESUBDIVISION. A change in a map of an approved or recorded subdivsion plat if such change affects any street layout on such map or area reserved thereon 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. Land dedicated and publicly owned for use as a street, alley, or pedestrian path or bike path.
RIGHT-OF-WAY/STREET WIDTH. The distance between property lines measured at right angles to the center line of the street.
STREETS. Streets shall be classified as follows:
(a) Collector. Roadways that provide movement connecting local roads to arterials.
(b) Frontage road. A frontage road is adjacent to a major thoroughfare. Its primary function is to preserve the safety and capacity of the thoroughfare by controlling access to the major street while still providing direct, private access to the adjoining properties. The roadway of the frontage road abuts the thoroughfare's right-of-way.
(c) Local roads and streets. Roadways that provide local movement and immediate access to abutting land.
(d) Major arterial. Roadways that provide regional movement with high mobility, more controlled access points and generally connect to principal arterials.
(e) Minor arterial. Roadways that provide movement to adjacent areas and within the local area and generally connect to major arterials.
(f) Principal arterial. Roadways that provide regional movement with high mobility and limited access points.
SUBDIVIDER. A person who submits a plot for the purpose of land subdivision as defined herein. The subdivider may be the developer, land owner or authorized agent of the owner of the land to be subdivided and includes 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 these regulations.
SUBDIVISION. The division of a tract of land into two or more lots or parcels of land for the purpose of transfer of ownership or building development. The term includes resubdivision, except when the resubdivision is the relocation of a common boundary between two lots or parcels which does not create any new lots or parcels and all remaining lots or parcels affected by the relocation conform to this chapter and the zoning regulations as determined by the Zoning Administrator.
TOWNHOUSE SUBDIVISION. The subdivision of a tract of land into two or more lots or parcels of land for the purpose of ownership, transfer of ownership, or for the building/development of townhouse units.
ZONING ADMINISTRATOR. The officer appointed by the governing body to administer these regulations.
(Ord. 989, passed 7-10-06)