The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:
The singular number includes the plural and the plural the singular;
The present tense includes the past and future tenses and the future the present;
The word "shall" is mandatory, while the word "may" is permissive;
The masculine gender includes the feminine and neuter;
Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis directly after a word herein defined shall be construed in the same sense as that word.
The following words and terms, wherever they occur in this title, shall be construed as herein defined. (Ord. 66-2011, 11-22-2011)
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.
BASE FLOOD ELEVATION: The elevation of the crest of the base flood in relation to the national geodetic vertical datum of 1929.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and parks, cemeteries, shorelines of waterways, corporate limit lines or other lines of demarcation.
BONDS: See definition of Financial Guarantee.
BUILDING SETBACK LINES: The minimum horizontal distance between a street line and the nearest wall of a building or side of a structure facing such street line.
COLLECTOR STREET: See definition of Street.
COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR: The appointed official of the village manager serving as the director of community and economic development.
COMMUNITY DEVELOPMENT COMMISSION: A seven (7) person board appointed by the village president and approved by the village trustees acting as the plan commission and zoning board of appeals, as set out in title 2, chapter 1 of this code.
COMPREHENSIVE PLAN: A plan adopted by ordinance of the village of Bensenville, including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the village.
DATUM PLANE: A reference point from which elevations are measured. The datum plane is a mean sea level as established by the United States geodetic survey (USGS).
DIRECTOR OF PUBLIC WORKS: The appointed official of the village manager serving as the director of public works.
EASEMENT: A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or any other person or entity.
ELEVATION: The vertical distance measured from a point on the ground to the datum plane.
FINAL PLAT: See definition of Plat.
FINANCIAL GUARANTEE: Either a completion or performance surety bond, irrevocable letter of credit or cash deposit to be provided by the subdivider or owner, approved as to form by the village attorney in amounts by the village.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPLAIN: The land area adjacent to surface water or waterways that is subject to periodic inundation when greater than normal water flows are experienced. The floodplain may be identified according to the frequency of the flood flow that inundates it. For example, the portion of floodplain inundated by the flow which is equaled or exceeded once in ten (10) years is the 10-year floodplain.
FRONTAGE ROAD: See definition of Street.
GRADE:
Existing: The vertical location of the existing ground surface prior to excavation or filling.
Finished: The vertical location of the ground surface after completion of excavation or filling.
HALF STREET: See definition of Street.
LAND IMPROVEMENT: Any sanitary sewerage system, storm sewer system, water supply and distribution system, roadway and other improvements which the village may require under this title.
LANDSCAPING: Natural plant materials, including trees, plants, shrubbery and grass, together with topographic changes and decorative or ornamental, natural or manmade materials combined in a unified relationship.
LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a public right of way.
MOBILE HOME: A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For the purpose of this title the term does not include recreational vehicles or travel trailers.
OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space.
Open space may include active recreational facilities such as swimming pools, play equipment for youngsters, ball fields, court games and picnic tables. The improved recreation facilities are only a small part of the overall open space.
OUTLOT: A parcel of land reserved for a specific purpose or purposes and identifiable by reference to a plat of subdivision which has been or will be recorded either in the office of the county recorder of deeds or with the registrar of titles.
OWNER OR SUBDIVIDER: Includes a firm, association, partnership, private corporation, public or quasi-public corporation or a combination of any of them, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this title.
PARCEL OR TRACT: A continuous area or acreage of land which can be described as provided for in the Illinois plats act 1 .
PARKWAY: The unpaved land within a public right of way parallel and adjacent to the roadway.
PLAT:
Final: A map of all or part of a subdivision providing substantial conformance to the preliminary plat of a subdivision, prepared in conformance with the requirements of the plats act, section 11-3-1 of this title and for recording by the county recorder.
Preliminary: A map showing all requisite details of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration, prepared in conformance with the plats act and section 11-3-1 of this title.
PLATS ACT: 765 Illinois Compiled Statutes 205/0.01 et seq.
PUBLIC UTILITY: Any person, firm or corporation, municipal department, board or commission, duly authorized to furnish, and furnishing under government regulations, to the public, gas, steam, electricity, sewage disposal, communication, telegraph or transportation of water as defined in 70 Illinois Compiled Statutes 905/10.3.
PUBLIC WALKWAY: A right of way dedicated for the purpose of a pedestrian access.
RIGHT OF WAY:
A. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
B. The right of one to pass over the property of another.
ROADWAY: See definition of Street.
STREET: Any vehicular way that: a) is an existing state, county, township or municipal roadway; b) is shown upon a plat approval pursuant to law; c) is approved by other official action; or d) is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats.
SUBDIVIDER: A natural person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this title.
SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels, any of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, way for public service facilities, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering of all such lots, blocks or parcels by progressive numbers, giving their precise dimensions. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided; provided however, that the following shall not be considered a subdivision and shall be exempt from the requirements of this title:
A. The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easement of access;
B. The sale or exchange of parcels of land between owners of adjoining and contiguous land;
C. The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access;
D. The conveyance of land owned by a railroad or other public utility which does not involve any new streets and easements of access;
E. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with the public use;
F. Conveyances made to correct descriptions in prior conveyances;
G. The sale of a single lot of less than five (5) acres from a larger tract when a survey is made by a registered surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure or site documented as deserving preservation by the Illinois department of conservation or listed on the national register of historic places.
VILLAGE BOARD OF TRUSTEES: The elected president and board members legally empowered to control all functions of the government of the village of Bensenville, Illinois.
VILLAGE CLERK: The elected official responsible for fulfilling the duties of the village clerk of the village of Bensenville, Illinois.
VILLAGE ENGINEER: A licensed engineer designated to fulfill the duties of the village engineer of the village of Bensenville, Illinois.
VILLAGE MANAGER: The village manager of the village of Bensenville, Illinois.
VILLAGE STANDARDS AND SPECIFICATIONS: The village standards and specifications of the village of Bensenville, Illinois.
ZONING ORDINANCE: The Bensenville, Illinois zoning ordinance as amended, found in title 10 of this code. (Ord. 11-86, 4-17-1986; amd. Ord. 01-95, 1-3-1995; Ord. 66-2011, 11-22-2011)
Notes
| 1 | 1. 765 ILCS 205/0.01 et seq. |