§ 111-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a public right-of-way which affords a secondary means of vehicular access to an abutting property.

Applicant means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.

Block means a parcel or group of parcels forming a unit of land bounded on all sides by streets, roads or highways, or a combination thereof, or by a combination of streets, roads, or highways, and public parks, cemeteries, railroad rights-of-way, streams, lakes, or similar manmade or natural physical barriers.

Bond means any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the city council.

Buildable area means the area of a lot remaining after the minimum yards, set back requirements, and open space, including buffering and screening required by chapter 113.

Building means any structure having a roof supported by columns or walls and used or built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. When any portion thereof is completely separated from every other part thereof by party walls from the ground up and without openings for passage, each portion of such building shall be deemed as a separate building.

Building setback line means a line parallel to the street right-of-way line at any story level and of a building representing the minimum distance which all or any part of the building is set back from said property line.

Comprehensive land use plan means 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. A comprehensive land use plan represents the city council's recommendations for the future development of the municipality.

(1)

Statements of policies, goals, standards;

(2)

A land use plan;

(3)

A community facilities plan;

(4)

A transportation plan; and

(5)

Recommendations for plan execution.

A comprehensive land use plan represents the city council's recommendations for the future development of the municipality.

Construction plan means the maps and drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the city council's requirements as a condition of the approval of the plat.

Cross walkway means a right-of-way or easement dedicated to public use, which cuts across or into a block to facilitate pedestrian access to adjacent streets and public lands, including schools and parks.

Cul-de-sac means a short street having one end open for traffic and being permanently terminated by a circular turnaround for vehicles.

Developer means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.

Easement means a grant of one or more of the property rights by the property owner to and for use by the public, a corporation, or another individual or entity for specific purposes.

Easement, drainage, means an easement required for the installation of stormwater sewers or surface drainage channels, or the preservation or maintenance of a natural stream or watercourse.

Easement, utility, means an easement required for the installation of overhead or underground utilities, including sanitary sewer, water main, electric, gas, and audio or visual communication lines.

Frontage means that boundary of a lot abutting on a public or private street and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.

General development plan means a sketch, preparatory to the preparation of the preliminary plat, of the land owned by or under the applicant's control which will enable the applicant to save time and expense in reaching a general agreement with the planning commission as to the form of the plat and the objectives of these regulations.

Grade means the slope of a road, street or other public or private way, specified in percentage terms.

Improvements means a lot improvement or a public improvement.

Lot means the smallest unit of land division defined by a plat or by a metes and bounds description, which is not divided by a lot line, right-of-way, or other publicly owned land, and which does not include the right-of-way of any street upon which said lot abuts, even if ownership to such right-of-way lies with the owner of the lot.

Lot area means the area contained within the lot lines of a lot, excluding any right-of-way or private street.

Lot, corner, means a lot abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle less than 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot, double frontage, means a lot having frontage on two parallel or approximately parallel streets, a reversed frontage lot.

Lot improvement means any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.

Lot of record means any validly recorded lot which, at the time of its recording, complied with all applicable laws, ordinances, and regulations.

Lot width means the horizontal distance measured between the side lot lines.

Monument means concrete and/or metal markers utilized to establish survey points and lot boundaries.

Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations and the state statutes.

Official map means a map of the municipality and/or any portion thereof lying within the incorporated limits, which shows the exact alignment, gradients, dimensions, and other pertinent data for highways and major streets and, including specific controls for setbacks from the right-of-way of buildings or other physical structures or facilities.

Open space means an area of land preserved from building development to provide for the proper density in a design of a subdivision, to protect unbuildable areas or areas that are part of the natural system such as drainage facilities, or reserved for the use of a homeowners' association for the purpose of active and passive recreation and/or certain other necessary community facilities.

Ordinance means any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.

Owner means any person, firm, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

Parks means an 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, playing fields, and special purpose areas.

Plat means a map representing a tract of land, a subdivision, prepared for filing of record pursuant to state plating laws, and containing all elements and requirements set forth in this chapter and chapter 113.

Plat, final, means the final map in which a developer's plan of subdivision is presented to the city council for approval and which, if approved, will be submitted to the county recorder.

Plat, preliminary, means a preliminary map in which a developer's plan of subdivision is presented, and shall include all required maps, plans, information and documents as set forth in these regulations and as required by the planning commission and city council for approval.

Preplat investigation means the submittal of a general development plan to the planning commission and city council to enable the subdivider to save time and expense in reaching a general understanding with the planning commission and city council as to the required site design, maps, information and documents, and the objectives of these regulations.

Public improvement means any drainage ditch, detention structure, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume responsibility for the maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded.

Resubdivision means a change in a map of an approved or recorded subdivision 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 means a strip of land acquired by dedication, reservation, prescription or condemnation occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line or other similar use.

Right-of-way width means the distance between property lines measured at right angles to the centerline of the street.

Setback means the minimum distance in linear feet measured on a horizontal plane between a building and each of its lot lines.

Street means one of the following:

(1)

Arterial. An urban arterial is a four-lane street which provides service for intraurban trips at a somewhat lower level of travel mobility than the expressway. The at-grade intersections should be fully or partially regulated by traffic control devices to ensure safe and efficient conditions for the arterial traffic. Direct private access onto the street will be permitted, but regulated. Under certain circumstances, a frontage road may be needed. An additional right-of-way would be required for the frontage road.

(2)

Collector. A collector is a street that serves local traffic and provides for direct private access to abutting land uses. This system channels the local traffic to and from the arterial system and is capable of serving a minimum amount of through traffic.

(3)

Expressway. Expressways are divided roadways which are designed for through traffic and also to serve intra-urban travel between major centers of activity. The at-grade intersections are usually spaced at infrequent intervals and are fully or partially regulated by traffic control devices. No direct private access onto the street should be permitted so as to minimize the number of vehicle-vehicle conflicts. If no alternative forms of access are available and frontage roads are warranted, an additional right-of-way will be required.

(4)

Freeway. Freeways are designed for the safe and efficient movement of high volumes of through traffic, at relatively high speeds. A standard design feature of a freeway is a divided roadway with full control of access by the use of ramps.

(5)

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.

(6)

Local street. A local street offers the lowest level of mobility because service to through traffic is deliberately discouraged. Direct private access to abutting land uses is provided.

(7)

Major local street. A major local street is necessary when it is not possible to subdivide with local streets. The need is related to the size of the development and the design limits of the site. Direct private access to abutting land uses is permitted. The design criteria for a major local street are related to the volume and type of vehicular traffic.

Subdivider means any person who:

(1)

Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;

(2)

Directly or indirectly, sells, leases, develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development any interest, lot, parcel, site, unit, or plat in a subdivision;

(3)

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; or

(4)

Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.

Subdivision means any land vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, or upon any and all other plans, terms and conditions, including resubdivisions. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, devise, intestacy lease, map, plat or other recorded instrument, except for these subdivisions exempted by Minn. Stat. § 462.352, subd. 12 and Minn. Stat. § 462.358.

Subdivision agent means any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, 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 service.

Temporary improvement means an improvement built and maintained by a subdivider during construction of the subdivision and prior to the final city engineer inspection and approval of all required improvements.

Zoning administrator means the city clerk, who is the duly appointed person charged with enforcement of this chapter.

Zoning ordinance means the Chatfield Zoning Ordinance, outlined in chapter 113.

(Code 1999, § 11.2.2)