In construing the intended meaning of terminology used in this
chapter, the following rules shall be observed:
B.
Words denoting the masculine gender shall be deemed to include the
feminine and neuter genders.
C.
Words used in the present tense shall include the future tense.
D.
Words used in the singular number shall include the plural number,
and vice versa.
E.
The word "shall" is mandatory; the word "may" is discretionary.
F.
Captions (i.e., titles of sections, subsections, etc.) are intended
merely to facilitate general reference and in no way limit the substantive
application of the provisions set forth thereunder.
G.
References to sections shall be deemed to include all subsections
within that section; but a reference to a particular subsection designates
only that subsection.
H.
A general term that follows or is followed by enumerations of specific
terms shall not be limited to the enumerated class unless expressly
limited.
I.
All distances shall be measured to the nearest integral foot; six
inches or more shall be deemed one foot.
As used in this chapter, the following terms shall have the
meanings indicated:
The official appointed by the Mayor and the Village Board
to administer the Subdivision Code.
A public right-of-way which affords a secondary means of
vehicular access to the side or rear of premises that front on a nearby
street, and which may be used for utility purposes.
A change in the provisions of this chapter, properly effected
in accordance with state law and the procedures set forth herein.
A master conceptual plan prepared by the subdivider(s), which
depicts existing title boundaries, existing streets, existing easements,
existing utilities, existing structures, existing land usage, land
characteristics, drainage, flood-prone areas identified by FEMA maps,
woodlands, and other major topographic features, as well as proposed
and anticipated subdivision into lots, lot usage, proposed and anticipated
zoning, infrastructure, including street layout, general provisions
for utility service, stormwater collection detention and transportation.
This requirement is warranted when large tracts of land are under
common ownership or under option to buy or when the parcel under initial
development consideration constitutes a portion of a larger land area,
the development of which is complicated by unusual problems such as
drainage, street layout, utility services, land usage or landownership
pattern as determined by the Village.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of unenclosed patios, terraces, and steps.
The entire area within the lot lines of the property proposed
for subdivision/development, including any areas to be dedicated/reserved
for street and alley rights-of-way and for public uses.
The entire area within the boundary lines of the territory
proposed for subdivision, less the area to be dedicated for street
and alley rights-of-way and public use.
Those streets which carry the greatest proportion of through
or long-distance travel. These facilities serve the high-volume travel
corridors which connect the major generators of traffic.
Any street, highway, river, pond, canal, railroad, levee,
embankment, or screening by a fence or hedge.
An area of land entirely bounded by streets, highways, barriers,
or rights-of-way (except alleys, pedestrianways, or exterior boundaries
of a subdivision unless the exterior boundary is a street, highway,
or ROW) or bounded by a combination of streets, public parks, cemeteries,
railroad rights-of-way, waterways, or corporate boundary lines.
Any structure, whether temporary, semi-permanent, or permanent,
designed or intended for the support, enclosure, shelter or protection
of persons or property.
See "setback line."
A stormwater structure designed with an integral sump for
retention of foreign matter that would not easily pass through the
outletting storm sewer.
The distance between the center line of two roughly parallel
streets, measured along the third street with which both said "parallel"
streets intersect.
A subdivision planned and constructed so as to group housing
units into relatively dense patterns while providing a unified network
of open space and wooded areas, and meeting the requirements of the
Subdivision Code and other codes as applicable.
A street which carries traffic from minor streets to the
arterial street system, including the principal entrance streets of
residence development and the primary circulating streets within such
a development.
That land set aside for open space or recreational use for
the general public or the exclusive use of the owners of the lots
of a subdivision, which land is conveyed by the developer in fee simple
absolute title by warrant to a homeowners' association or land trust
entity whereby trustees whose trust indenture shall provide that said
common land be used for the sole benefit, use and enjoyment of the
lot owners present and future. No lot owner shall have the right to
convey his interest in the common land except as an incident of the
ownership of a regularly platted lot.
The plan, if any, or any portion thereof adopted by the Village
Board to guide and coordinate the physical and economic development
of the Village. The Village's Comprehensive Plan may include, but
is not limited to, plans and programs regarding the location, character,
and extent of highways, bridges, public buildings or uses, utilities,
schools, residential, commercial, or industrial land uses, parks,
drainage facilities, etc.
The degree of inclination, expressed as a percentage, measured
laterally across a right-of-way and perpendicular to the direction
of traffic.
A minor local street not exceeding 500 feet in length which
terminates in a bulb for vehicular turnaround; the term may also be
used to refer solely to the bulb.
A traffic redirect barrier or mountable structure adjacent
to the edge of pavement which also channels runoff away from the driving
surface.
To transfer the ownership of a right-of-way, parcel of land,
or improvement to the Village or other appropriate government entity
in fee simple absolute without compensation.
The total number of dwelling units divided by the total project
area, expressed as gross dwelling units per acre.
The total number of dwelling units divided by the net acreage.
See definition of "area, net."
The arrangement of uses on the land and the arrangement of
easements, lots, and rights-of-way, including specifications of materials,
alignment, grade and width of these elements.
To erect any structure or to install any improvements on
a tract of land, or to undertake any activity (such as grading) in
preparation therefor.
Refers to both lot depth and lot width.
A watercourse, gully, dry stream, creek, or ditch which carries
stormwater runoff or which is fed by street or building gutters or
by stormwater sewers, or which serves the purpose of draining water
from the lands adjacent to such watercourse, gully, dry stream, creek,
or ditch.
A grant by the property owner to the public, a corporation,
or a person of the use of land for a limited and specifically named
purpose.
A deposit in cash or other approved securities to assure
the completion of improvements within a subdivision.
The date on which the applicant has filed the last item of
required data or information with the Village Clerk and has paid the
necessary fees for review by the Plan Commission.
All land subject to periodic inundation from overflow of
natural waterways.
The lineal extent of the front (street side) of a lot.
A minor street fronting on an arterial street or highway
(usually a limited-access highway), used for access to abutting lots.
The vertical location of the ground surface.
An area with an average slope of 20% or more.
Refers to site grading, street work and utilities (including water, sewer, electric, gas, stormwater, telephone and cable television) to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the subdivision, including the furnishing of all materials, equipment, work and services such as engineering, staking and supervision necessary to construct all the improvements required in Part 5 of this chapter or any other improvements that may be provided by the subdivider. All of such materials, equipment and services shall be provided at the subdivider's cost and expense, although he may enter into a contract with individuals and firms to complete such improvements, and the improvements shall be subject to the final approval of the Plan Commission and the Village Board.
The engineering plans showing types of materials and construction
details for earth moving and for the structures and facilities to
be installed both in or in conjunction with a subdivision. Plans shall
include drainage, streets, alleys and utility locations to be installed
in or in conjunction with a subdivision and also shall include an
overall drainage plan and its effect on contiguous land and source
of effluent or discharge.
A receptacle, located where surface water and/or groundwater
can run to by gravity to be received by the storm sewer.
The point at which two or more public rights-of-way (generally
streets) meet.
The comprehensive long-range plan for the desirable use of
land, the purpose of such plan being, among other things, to serve
as a guide to the zoning and progressive subdividing and use of undeveloped
land.
A minor street providing direct access to abutting property,
which may be devoted to residential, commercial, or other uses. Streets
in this classification are not considered part of the major thoroughfare
system.
A tract of land intended as a unit for the purpose (whether
immediate or future) of development or transfer of ownership. A "lot"
may or may not coincide with a "lot of record."
The area of a horizontal plane bounded by the front, side,
and rear lines of a lot, exclusive of any land designated for street
right-of-way.
The mean horizontal distance between the front end and the
rear lot lines, measured in the general direction of the side lot
lines.
The line separating the lot from the street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The lot line most nearly parallel to and most remote from
the front lot line.
Any lot line other than front or rear lot line. A corner
side lot line separating a lot from a street is called a "street side
lot line." A side lot line separating a lot from another lot or lots
is called an "interior side lot line."
An area of land designated as a lot on a plat of subdivision
recorded with the County Recorder of Deeds in accordance with state
law.
The mean horizontal width of the lot measured at right angles
to the general direction of the side lot lines.
A lot having at least two adjacent sides that abut for their
full length upon streets. Both such side lines shall be deemed front
lot lines.
A lot whose side lines do not abut any street.
A lot having a pair of approximately parallel lot lines that
abut two approximately parallel streets. Both such lot lines shall
be deemed front lot lines.
A surety bond, posted by the developer and approved by the
Village, guaranteeing the satisfactory condition of installed improvements
for the two-year period following their dedication.
A street serving minimal amounts of residential traffic at
low speeds and which:
A combination of maps, drawings, site plans, charts and supportive
narrative material that portrays total development to be achieved
in the overall project area; which provides sufficient detailed information
to both illustrate and describe the intended character and configuration
of development to be accomplished.
A description of 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 distances and angular relationship
of the lines forming the boundaries of the property or delineates
a fractional portion of a section, lot or area by describing lines
or portions thereof.
A graphic statement of the existing and proposed capital
improvements planned by the Village which require the acquisition
of land, such as streets, drainage systems, parks, etc.
A person having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under these regulations.
An auxiliary lane of a street and primarily used for vehicular
parking.
A right-of-way dedicated to public use which cuts across
a block to facilitate safe pedestrian access to adjacent streets and
properties.
A surety bond posted by the developer and approved by the
Village, guaranteeing the installation of required improvements within,
or in conjunction with, a subdivision.
A comprehensively planned development containing residential,
commercial, industrial, or other land uses on an area of land under
continuing unified control. A planned unit development may contain
a single type of land use or combination of land uses, provided that
such development is reviewed, evaluated and approved by the Village
and satisfies the requirements contained herein.
All of the drawings, including plats, cross-sections, profiles,
working details and specifications, which the subdivider prepares
or has prepared to show the character, extent and details of improvements
required in this chapter and which plans shall conform to any requirements
of the Plan Commission as to scale and details for submittal to the
officials of the Village for consideration, approval or disapproval.
The final drawing(s) prepared by a registered land surveyor
which describes the boundary of the parent tract(s) in a written legal
description and graphically depicts the measurements made in the subdivision
of the parent tract(s) of land into lots, commons, rights-of-way and
easements so that, upon final approval and recording with the County
Recorder, orderly transfer of title in fee simple absolute may occur.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The preliminary drawing(s) prepared by a registered professional
engineer and land surveyor which graphically depicts the existing
topography as well as the proposed lot configuration and roadway alignments
and general layout of proposed supportive infrastructure within the
subdivision for the purpose of compliance review with the jurisdictional
entities' enacted ordinances.
That territory intended to be subdivided or developed, and
portrayed and defined in the preliminary and final plats.
See "subdivision."
To set aside for public purposes a parcel of land in anticipation
of its future dedication in fee simple absolute title without additional
compensation to the Village or other appropriate government entity.
A narrow strip of land between a public street and adjacent
lots which is designated on a recorded subdivision plat or property
deed as land over which vehicular travel is not permitted.
An alignment created by a series of two circular curves of
constant radii, with one being convex and the other concave to the
direction of the proceeding curve, which are joined by either a short,
straight line segment tangent to both curves or at a point of compound
curvature which is common and tangential to both circular curves so
as to form an S-shape. These curves are commonly used in deflection
of roadway alignments.
A strip of land which the owner/subdivider has dedicated
to the Village or other appropriate government entity for streets,
alleys, and other public improvements; sometimes abbreviated as "ROW."
The graded portion of a street upon which the base course,
surface course, shoulders and median are constructed.
The entire improved portion of the street, including shoulders,
parking lanes, travel way, curbs and gutter.
Front, rear and side line(s) inset toward property center a specified offset distance(s) from a property title line or right-of-way line. The offset distance shall be as shown in Chapter 360, Zoning, of the Village Code for the appropriate zoning designation of the property. These lines are generally parallel to the front, side and rear lot line(s) and define a minimum clear-zone space on the periphery of the property in which no enclosed structure shall be erected or encroach. The intention of these lines is to provide open space for public utility and drainage easements, promote fire separation between adjacent structures, increase sight visibility at intersecting streets, provide open green space and uniform appearance along title lines and generally promote the health and well being of the public.
A sewer system, including collection and treatment facilities,
established by the developer to serve a new subdivision in an outlying
area.
A pedestrian way constructed in compliance with the standards
of this chapter, generally inset one foot inside the right-of-way
line but occasionally abutting or near the curbline of the street.
The degree of inclination expressed as a percentage or ratio
of horizontal units to vertical units.
The County Soil and Water Conservation District; also known
as the "United States Natural Resources Conservation Service."
An order used by the Administrator to halt work-in-progress
that is in violation of this chapter.
A public or private way for motor vehicle travel, including
similar terms such as interstate, highway, thoroughfare, parkway,
throughway, road, pike, avenue, boulevard, lane, place, drive, court
and similar designations, but excludes an alley or a way for pedestrian
or bicycle use only.
Land access streets similar to culs-de-sac, except that they provide no turnaround circle at their closed end and are permitted in any proposed subdivision with the permission of the Village. (See § 300-53B.)
Land access streets provide access to abutting properties,
have a relatively short travel distance, and have a low-volume design
capacity and travel speeds.
Land access streets having two open ends, each end generally
connecting with the same street, no other streets intersecting between
its ends, and property fronts on both sides of the street.
A land access street parallel and adjacent to area service
highways providing access to abutting properties.
Anything constructed or erected which requires permanent
or temporary location on or in the ground, or is attached to something
having a fixed location on or in the ground. All buildings are structures
but not all structures are buildings (e.g., a fence).
A street that is temporarily terminated, but that is planned
for future continuation.
Any person, firm, partnership, association, corporation,
estate or other group or combination acting as a unit, dividing or
proposing to divide land in a manner that constitutes a subdivision
as defined in this article.
The division of land into two or more lots or parcels for
the purpose of either immediate or future sale, rental or building
development or use(s), other than agricultural use or production.
Establishment or dedication of a public street or alley through a
tract of land, regardless of size. The term "subdivision" shall also
include all resubdivisions of land or lots.
A division of land into two, but not more than four, lots,
all of which front upon an existing street, not involving new streets
or other rights-of-way, easements, improvements, or other provisions
for public areas and facilities.
The relief features or surface configuration of an area of
land.
That portion of a street used for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
To terminate the legal existence of a right-of-way or subdivision
and to so note on the final plat recorded with the County Recorder
of Deeds.
A relaxation in the strict application of the design and
improvement standards set forth in this chapter.
That frontage portion of a lot, parcel or real property between the occupying nearest structure(s) and the front title line(s) and extending to the side title lines. If a lot, parcel or real property fronts on two intersecting streets, then this definition shall apply to both frontages. The term "required front yard" shall mean the minimum offset depth of the front yard setback line required by Chapter 360, Zoning, of the Village Code.
That portion of a lot, parcel or real property between the occupying nearest structure(s) and the rear title line(s) and extending to the side title lines. The term "required rear yard" shall mean the minimum offset depth of the rear yard setback line required by Chapter 360, Zoning, of the Village Code.
That portion of a lot, parcel or real property between the occupying nearest structure(s) and the side title lines and extending to the front and rear yard setback line(s). The term "required side yard" shall mean the minimum offset depth of the side yard setback line required by Chapter 360, Zoning, of the Village Code.
The Zoning Code of the Village of Westville (Chapter 360, Zoning, of the Village Code).
