For the purpose of these regulations certain terms are herewith
defined. When not inconsistent with the context, the present tense
includes the past and future; words used in the singular number include
the plural number. A word in the masculine gender shall include the
feminine and neuter genders. The word "building" includes structure
and shall be construed as if followed by the words "or portion thereof."
The word "shall" is always mandatory and not merely permissive. Any
term not defined herein shall have the meaning of common or standard
use.
As used in this chapter:
A committee comprised of the President of the Oakwood Board
of Trustees (or his/her designee), the Village Superintendent of Public
Works, Village Attorney and the Village Engineer.
A public or private thoroughfare, which affords only a secondary
means of access to abutting property.
A general plan prepared by the subdivider, or subdividers,
for the progressive development of a large landholding, or several
properties proposed to be subdivided by sections, meeting the requirements
of these regulations.
Property abutting on one side of a street, and lying between
the two nearest intersecting or intercepting streets, or between the
nearest intersecting or intercepting street and railroad right-of-way,
waterway or other definite barrier.
Property having frontage on one side of a street and lying
between the two nearest intersecting streets, or nearest intersecting
or intercepting street and railroad right-of-way, waterway or other
barrier.
A street, other than a freeway or an expressway, developed
with two-lane or one-lane, one-way pavements separated by a landscaped
island, median or barrier.
A line within a lot or other parcel of land so designated
on the plat of the proposed subdivision between which and the adjacent
boundary of the lot, the erection of an enclosed structure or portion
thereof is prohibited. The building setback line shall be parallel
with the adjacent street right-of-way line or side or rear yard line
except as otherwise approved by the Plan Commission.
Lots the rear lot lines of which abut the side lot lines
or rear lot lines or other lots platted in the same block and not
separated therefrom by an alley or other open space.
An official advisory plan of jurisdiction formally adopted
by a municipality of the county, any part of which may be implemented
by ordinance duly enacted by the corporate authorities as prescribed
by the Illinois Municipal Code. Such plan shall be placed on file
with the Oakwood Village Clerk and with the Vermilion County Clerk.
A public or private right-of-way across a block to be used
by pedestrians and/or for underground utilities.
A local street having one open end being terminated at the
other by a vehicular turn around.
A transverse drain that channels water under a street or
driveway.
The deliberate appropriation of land by its owner for any
general public uses, reserving to himself or herself no other right
than such as are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
See "owner."
Any activity causing a change to be made in the legal rights
or physical state of the real estate such that:
The activity meets the threshold of section 21-42(b)[1] and requires a stormwater management plan; or
The activity creates a substantial use demand for new sanitary
sewage service, collection and treatment, or the activity shall require
the extension of a sanitary sewer system collector or interceptor,
or the installation and capping of sanitary sewer lines, in accordance
with section 21-41 of this chapter[2]; or
The activity constitutes any mining, quarrying, or other excavations
related thereto; or
The activity constitutes the creation or change of a subdivision
or resubdivision lot-line adjustment; or
The activity constitutes the creation or a change of a mobile
home park; or
The activity constitutes the creation or change of a planned
unit development.
The following activities are not considered to constitute a
development:
The transfer of any existing building or use rights for use
of a single individual parcel, as it then exists immediately prior
to any sale or lease where such transfer or lease does not create
any additional parcel by exception; or
The dedication of land for public use to a public entity, the
vacation of any land so dedicated, and the taking of property rights
through eminent domain or inverse condemnation; or
The construction of one single-family dwelling and/or farm-related
structures on a single lot or the creation or transfer of a single
lot of 10 acres or more, except share such acreage or structures are
at locations of future streets as designated in the official comprehensive
plan; or
The maintenance or improvement of an existing public street
or railroad by a public utility not involving redesign if the work
is carried out on land within the boundaries of the right-of-way;
or
Work by any utility not including redesign for the purpose of
inspection repair, removal or construction on established rights-of-way
of any sewers, mains, pipes, cables, utility tunnels, power lines,
power poles, trunk lines or the like; or
The use of any land for the purpose of growing plants, crops,
trees, and other agricultural or forestry products or for other agricultural
purposes; or
Individual installation of a building sewer, service connection,
or lateral.
A development which does not come within the definition of
a minor development.
A development involving the subdivision of a parcel of land
(or the resubdivision or lot-line adjustment of a previously platted
lot or lots) into not more than five buildable lots and which development
has all necessary improvements and services (except for service connections
and sidewalks) including streets, water, electricity, storm sewers,
and sanitary sewers available at the site. The administrative review
committee may grant waivers of the section of this chapter which requires
the upgrading of existing but substandard improvements and services
as specified under section 21-17.[3] Re-subdivision of any part of a previous minor development
into no more than five buildable lots is not a minor development unless
the administrative review committee determines otherwise.
An area of land which, because of the nature of the topography,
collects naturally the surface drainage of the surrounding land.
The quantity of land set aside or over which a liberty, privilege,
or advantage in land without profit existing distinct from the ownership
of the land is granted to the public or some particular person or
part of the public.
A professional engineer, employed by the developer, registered
as such and licensed to practice as provided by the Illinois Compiled
Statutes.
A professional engineer, registered as such and licensed
to practice in the state of Illinois, and employed or retained by
the Board of Trustees of the Village to provide technical expertise
and counsel concerning subdivision and zoning matters.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
A drawing of a subdivision which has been accurately surveyed
and such survey marked on the ground so that streets, alleys, blocks,
lots or other divisions thereof can be identified.
An overflow of water on lands not normally covered by water,
adjacent to a river, stream, waterway or lake.
The land adjacent to a body of water which has been or may
be hereafter covered by floodwater.
Minor streets 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 portion of a subdivision, or other parcel of land intended
as a unit for transfer of ownership or for development.
The horizontal projection (in square feet) of a parcel of
land or a body of water, or combination of both, exclusive of any
portion of the right-of-way of any public or private streets; measurements
are to be made by standard surveying practice methods.
The average distance between the front and rear line of a
lot measured in the general direction of its side lot lines.
The real or imaginary line oriented by a monument or other
stable point of reference which indicates the boundary of a lot.
For regular-shaped lots, means the average distance between
the side lines of a lot measured at right angles to the depth of the
lot. For pie-shaped lots, the lot width shall be measured at the front
building setback line.
A parcel of land at the junction of and fronting or abutting
on two or more intersecting streets.
A lot other than a corner lot.
A local street or highway paralleling, adjacent to and having
limited access to a freeway, highway which provides direct access
to abutting property and protection from through traffic.
A subdivision of land into four or fewer lots:
Which does not require, under these subdivision regulations,
the design or construction of any public improvements, other than
utility service connections and/or sidewalks, provided that if all
required public improvements are in existence but do not meet current
design standards, the administrative review committee may, at their
option, approve a waiver or deferral of the design standards, and
further provided that if public sanitary sewers or water supply are
located more than 200 feet away from the proposed subdivision, the
administrative review committee may, at their option, approve a waiver
or deferral of the requirement for extension of public sanitary sewers
and public water supply mains to serve the minor subdivision;
Which is in general conformity with the Village comprehensive
plan or any future said plans, and any future zoning ordinances of
the Village or County of Vermilion, whichever is applicable;
Which is otherwise in conformity with all applicable laws and
regulations, unless previously waived by the entity with jurisdiction;
Which is located within the Village or is otherwise the subject
of an annexation agreement which requires and sets forth the condition
of its future annexation to the Village; and
Which contains lots all of which front on an existing public
street or roadway, and not involving extension of any new public street,
roadway or easement of access.
A physical structure that marks the location of a corner
or other survey point as required by provisions contained herein.
The complete plan, or any of its parts, for the development
of the Village prepared by the Village and adopted in accordance with
the Illinois Compiled Statutes, as are now or may hereafter be in
effect.
Any person having any legal, equitable or beneficial interest
in the land sought to be subdivided, including the plural as well
as the singular, and firm, association, partnership, private corporation,
or combination of any of them.
A parcel or tract of land, initially under single ownership
or control, which contains two or more principal buildings and/or
more than one principal use; planned and constructed as a unified
development.
A drawing and supporting data, indicating the proposed layout
of the subdivision in sufficient detail to provide adequate basis
for review by the Village, meeting the requirements of these regulations.
Street pavements, public walkways, monuments, water mains,
sanitary and storm sewers, street signs, culverts and appurtenances
to the foregoing items and for use by the public.
A right-of-way dedicated for the purpose of pedestrian access
and located so as to connect two or more streets, or a street and
a public land parcel, or any two public parcels of land, or any two
parcels of public land.
A print or copy of a plat or drawing on transparent film
or paper of adequate weight to withstand handling.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent or proposed
right-of-way line of a street (see "building setback line").
A pedestrian walkway within the public road right-of-way,
public walkway, or easement.
The commencement of activities that will lead to the construction
of improvements for commercial, residential, or industrial use, and
shall also include the altering of terrain or vegetation as a result
of such activities.
A preliminary drawing indicating the proposed general development
of the area to be subdivided.
A right-of-way, whether designated as a street, highway,
road, land, court, thoroughfare, parkway, freeway, expressway, boulevard,
or avenue, other than an alley or place, usually affording the principal
means of access to abutting property.
The dividing line between the street or highway right-of-way
and the lot.
A public thoroughfare with a high degree of traffic continuity
established in the official plan of the Village.
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.
Any activity that removes the vegetative surface cover including
tree removal, clearing, and storage or removal of top soil.
See "owner."
A division of a lot, tract, or parcel of land into two or
more lots, or other divisions of land or condominiums, for the purpose
whether immediate or future, of: (1) transfer of ownership; (2) building
development; or (3) redevelopment, including all changes in street
lines.
The officially adopted guides, principles, specifications
and standards for the preparation of subdivision plans and plats indicating,
among other things, the maximum and minimum dimensions of the various
elements set forth in the area general plan, preliminary plat or final
plat.
A professional land surveyor registered as such with the
State of Illinois as provided in the Illinois Compiled Statutes.
An approval without or with recommended alterations given
to a preliminary plat by the Planning Commission and provides the
necessary authority to proceed with the preparation and presentation
of the final plat.
Any part of the official plan of the Village, now or hereafter
adopted, which sets forth the location, alignment, dimensions, identification
and classification of existing and proposed public streets, highways
and other thoroughfares.
A specialized study of the transportation needs and traffic
impact of a development on the surrounding road network. A TIA can
respond to a wide variety of issues ranging from preliminary site
plan reviews to the determination of necessary roadways, assignment
for specific site traffic on adjacent and future roadways and the
integration of pedestrian/bike lanes.
A modification of the strict terms of the relevant regulations
where such modification will not be contrary to the public interest
and where, owing to conditions peculiar to the property and not the
result of the action of the applicant, a literal enforcement of the
regulations would result in unnecessary and undue hardship.
A drawing located on the preliminary plat which sets forth
by dimensions or other means the relationship of the proposed subdivision
or use to other nearby developments, landmarks, community facilities
or services.
The Village of Oakwood, Illinois.
Shall be as set forth in the any future Village Zoning Ordinance
passed by the Oakwood Board of Trustees.
