Title 16 SUBDIVISIONS*
Chapter 16.04 GENERAL PROVISIONS
16.04.140 Definitions.
For the purpose of this title and in order to carry out its
provisions and intentions, certain words, terms and phrases shall be deemed to
have the meaning ascribed to them in this article, except when the context
clearly requires otherwise.
Words used in the present tense shall include the future
tense. Words in the singular number include the plural number, the words in the
plural number include the singular number. The word "shall" is mandatory and not
directory.
"Alley" means a way which affords only a secondary means of
access to abutting property.
"Block" means a tract of land bounded by streets or a
combination of streets and other public land uses and rights-of-way, shorelines
of waterways or corporate limits of the village.
"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 village board as a necessary part of the subdivision process
outlined in this title.
"Building" means any structure erected for the support,
shelter or enclosure of persons, animals, chattels or movable property of any
kind.
"Comprehensive plan" means the official document including,
but not limited to, plans concerning land use, capital improvements, utilities
and thoroughfares, and the official map as adopted by the village board in
accordance with the Illinois Revised Statutes.
"Construction plan" means the set of maps or drawings
accompanying a subdivision plat and showing the specific location and design of
improvements to be installed in the subdivision in accordance with the
requirements of this title as a condition of the approval of the plat.
"Cul-de-sac" means a residential street with only one outlet
and entrance and having an appropriate terminal for the safe and convenient
reversal of traffic movement.
"Design standards" means the minimum public improvement
construction standards or physical specifications as adopted in this title by
the village.
"Developer" means the owner or other person with financial
interest in the form of an option to purchase the land to be subdivided, or the
representative of either.
"Easement" means an authorization by a property owner for the
use of a designated part of his or her property for a specific purpose by
another party, including the village.
"Escrow" means a deposit of cash with a local bank or other
lending institution in an amount equal to the cost of construction of public
improvements in a subdivision in lieu of an equally valued performance bond,
plus ten percent. Escrow funds act as security to assure the faithful and
diligent performance of the subdivider in the installation, in a satisfactory
manner, the public improvements prescribed for subdivisions in this
title.
"Final plat" means the map or plat of a subdivision which is
submitted for approval from village board for recording as having met the
requirements of this title and state law.
"Frontage" means the length of the front property line of the
lot, lots or tract of land abutting a public street, road, highway or rural
right-of-way or property line ordinarily regarded as the front of the lot but
shall not be considered the ordinary site of a corner lot. On cul-de-sacs or
curvilinear streets the frontage shall be measured at the building set-back
line.
"Frontage road" means a road or way constructed substantially
parallel to a thoroughfare or collector for the purpose allowing access to such
thoroughfares or collector at relatively few points to facilitate traffic flow
and provide greater safety.
"Grade" means the slope of a road, street or other public
right-of-way specified in percent and indicated on street profiles plans as
required by this title.
"Lot" means a tract, plot or portion of a subdivision or
other parcel of land intended as a unit for the purpose, whether immediate or
future, of transfer of ownership or for building improvements.
"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.
Lot, Through. "Through lot" means a lot which has two
parallel frontage lines abutting two public streets and which is not a corner
lot.
"Owner" means any person, group of persons, firm(s),
corporation(s) or any other legal entity having legal title to or sufficient
proprietary interest in the land sought to be subdivided under this
title.
"Parkway" means a broad street or road with a dividing strip
or side strip planted with grass, trees or other landscape herbage. A parkway
shall mean a boulevard.
"Pedestrian walkthrough" means a paved surface of at least
five feet in width placed approximately in the center of residential blocks as
required by this title.
"Perimeter street" means any existing street to which the
parcel of land to be subdivided abuts only one side.
"Planning commission" means the planning commission of
Metamora as appointed to office by the president and village board of trustees
of the village of Metamora charged with duties outlined in this title.
"Plat" means the map, whether preliminary or final, which is
prepared by a registered land surveyor describing thereon all public streets,
alleys, way for public service facilities, parks, playgrounds, schoolgrounds or
other public grounds and all tracts, parcels, lots and/or blocks by location,
precise size and sequential numbering. The plat shall be accompanied by
supportive data and certificates and be prepared in a manner as required by this
title and the Illinois Revised Statutes. The term "plat" shall include all plans
and specifications for any improvements or development whether or not such
improvements are related to the division of land into two or more parcels;
provided, however, that the term "plat" does not include plans and
specifications for single-family residences or buildings constructed for
agricultural purposes on land zoned and utilized for agricultural
purposes.
"Plat officer" means the person appointed by the village
board as the administrative assistant to various boards and commissions
including the planning commission and assigned to administering these
regulations. In the event no such post is filled, another officer may be charged
with the duties of administering this title.
"Preliminary plat" means the map or plat described in this
title indicating the proposed manner or layout of the subdivision to be
submitted to the planning commission and village board for recommendation and
approval, respectively, but which cannot be recorded.
"Public improvement" means any drainage ditch, roadway or
street, parkway, sidewalk, walkway, tree, lawn, off-street parking area, curb
and gutter, lot improvements, sewer, water, paving or other facilities for which
the village may ultimately assume the responsibility of maintenance and
operation, or which may affect an improvement for which the village’s
responsibility is established and which have been properly bonded in accordance
with procedures contained in this title.
"Resubdivision" means a change in an approved or recorded
subdivision plat if such change affects any street layout on such plat or area
reserved thereon for public use, or any lot line; or if it affects any plat
legally recorded prior to the adoption of any regulations controlling
subdivisions.
"Right-of-way" means a strip of land occupied or intended to
be occupied by a road, sidewalk, railroad, electrical transmission line, oil or
gas pipeline, water main, sanitary or storm sewer, or for other special uses.
The usage of the term "right-of-way" for land patting purposes shall mean that
every right-of-way hereafter established and shown on a recorded plat is to be
separate and distinct from the lots or parcels adjoining such right-of-way, any
not included within the dimensions or areas of such lots or parcels.
Rights-of-way intended for streets, sidewalks, water mains, sanitary sewer,
storm sewers or any other uses involving future maintenance by a public agency
shall be dedicated to public use by the maker of the plat on which such
right-of-way is established.
"Rural residential subdivision" means any subdivision which
meets all of the following criteria:
1. Contains a minimum of ten lots;
2. The lots have an average minimum area of thirty-two
thousand six hundred seventy square feet;
3. No lot has an area of less than twenty-one thousand seven
hundred eighty square feet;
4. The median size of the lots is no less than thirty-two
thousand six hundred seventy square feet;
5. The minimum frontage of each lot at the right-of-way line
is one hundred feet, except that lots with the majority of their frontage on a
cul-de-sac may have a minimum frontage at the right-of-way line of fifty
feet.
"Setback" means the distance between a building and the
street right-of-way line nearest thereto.
"Sidewalk" means that portion of a public right-of-way, paved
or otherwise improved which is intended for pedestrian use only.
"Sketch plat" means that which shows in simple form the
proposed layout of streets, lots and other features in relation to existing
conditions. The sketch plat does not require formal application.
"Street" means a road or way which is the paved portion of a
public or private right-of-way which affords a primary means of vehicular access
to abutting properties whether designated as a street, avenue, highway, road,
boulevard, lane, throughway or however otherwise designated and which is at
least twenty-six feet wide.
Street, Collector. "Collector street" means a road or street
intended to move traffic from residential streets to thoroughfares.
Street, Residential. "Residential street" means a street or
roadway, urban or rural, of limited continuity used primarily for access to
abutting properties.
"Street width" means the shortest distance between the backs
of parallel curbs or outer parallel limits of the paved portion of the
street.
"Subdivider" means any person who: (1) having an interest in
land, causes it, directly or indirectly, to be divided into a subdivision or who
(2) directly or indirectly sells, leases, or 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, or who (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.
"Subdivision" means a subdivision shall include any of the
following:
1. The division of any land, vacant or improved, into two or
more lots, parcels, units, plots or interests, regardless of whether or not a
plat is required by the Plat Act found at 765 ILCS 205/0.01 et seq., and
regardless of whether such division is accomplished by deed, metes and bounds
descriptions, devise, intestacy, lease, map, plat or other instrument, recorded
or unrecorded,
2. Any planned development or planned unit development,
whether residential, commercial or otherwise in nature,
3. Any condominium development,
4. Any multi-family residential development,
5. Any other development, whether or not the division of land
is involved, regardless of whether the development is labelled as a subdivision,
it being the intent of this title to apply to all types of developments within
the village and within areas lying within one and one-half miles of the
corporate limits of the village.
"Subdivision agent" means any person who represents, or acts
for or on behalf of, a subdivider or developer in selling, leasing, or
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
services.
"Thoroughfare" means a street or road designed to carry
traffic up to maximum allowable speeds for the purpose of primarily moving
traffic through the village rather than within it. Thoroughfares included the
three types described in Chapter 16.16.
"Village board" means the board of trustees of the village of
Metamora, Illinois.
"Village engineer" means the professional person or firm who
possesses the educational credentials according to applicable state law and who
is registered and licensed in the state of Illinois to provide technical
assistance in the field of civil engineering in contractual or other agreement
with the village of Metamora.
"Zoning ordinance" means the zoning regulations of the
village, as amended. (Subdivision Ordinance dated 6/3/03 § 1-14)