(A) Rules of interpretation. The following rules shall be observed and applied in the interpretation of this chapter, except when the context clearly indicates otherwise: Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; pronouns connoting a gender shall include the other gender and the neuter; the word "building" shall include the word "structure"; the word "shall" is mandatory and not discretionary; the word "may" is permissive; and the word "lot" shall include the words "plot", "piece", "parcel" and "tract"; and the words "include" or "including" shall not limit the generality of the context to the words which follow.
(B) Definitions. The following words have the meanings hereinafter set forth for purposes of this chapter.
"ABUTTING," "CONTIGUOUS," or "ADJACENT." Parcels or lots having one or more common boundary lines.
"ADMINISTRATIVE OFFICER." The Director of the Department of Development Services or his assignee.
"ALLEY." A dedicated service-way providing a secondary means of access abutting lands not intended for general traffic circulation.
"AREA, GROSS." The entire area within the boundary lines of the territory proposed for subdivision, including the area to be dedicated for street and alley rights-of-way and public use.
"AREA OF JURISDICTION." The area controlled by this chapter, including:
(1) All lands located within the city.
(2) All unincorporated land within one and one half miles of the corporate limits of the city.
(3) Land which is the subject of an Annexation Agreement under ILCS 65, Ch. 5, § 7-1.
"AREA, NET." 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.
"AREA DAILY TRAFFIC VOLUME." The total number of trips entrancing and leaving a specific land development over a 24-hour period. For purposes of this definition, the most recent edition of the Institute of Traffic Engineers Trip Generation Manual shall serve as the basis in determining anticipated average daily traffic volumes, when such information is required. Other recognized sources may be used when the Trip Generation Manual carries no specific standard.
"BARRIER (NATURAL OR ARTIFICIAL)." Any street, highway, river, pond, railroad, embankment or screening by a fence or hedge.
"BASE FLOOD ELEVATION (BFE)." The elevation line delineating the 100-year flood profile of the Special Flood Hazard Areas, as provided in Chapter 157 of the Danville Code of Ordinances.
"BLOCK." An area of land entirely bounded by streets, highways, barriers, ways or a combination of streets, public parks, cemeteries, railroad right-of-way, shorelines or waterways, or corporate boundary lines.
"BOND (CONSTRUCTION BOND OR MAINTENANCE BOND)." A form of surety and security to be secured by the city from the developer to assure performance of the installation and/or maintenance of improvements required under this chapter.
"BUILDING." Any structure, whether temporary, semi-permanent, or permanent designed or intended for the support, enclosure, shelter or protection of persons or property.
"BUILDING LINE." See Setback Line.
"CITY." The City of Danville, Vermilion County, Illinois.
"CITY CLERK." The City Clerk of the city or designee.
"CITY COUNCIL." The City Council of the city.
"CITY ENGINEER." The City Engineer of the city or designee.
"COMMISSION." Danville Area Planning and Zoning Commission as established and appointed by the City Council.
"COMMITTEE." The Subdivision Committee.
"COMMON AREA (COMMON PROPERTY)." Those areas and facilities owned, designated and intended for use by all the residents and owners of the development.
"COMPREHENSIVE PLAN." The plan or any portion thereof adopted by the city for the coordinated physical development, including among other things, plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the city.
"CROSS-WALKWAYS." A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
"COUNTY RECORDER." The Recorder of Deeds, Vermilion County, Illinois.
"CUL-DE-SAC." A short, minor local street having only one end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles.
"DEPARTMENT." The Danville Department of Development Services.
"DESIGN." The arrangement of uses on the land and use of land for easements, lots, and rights-of-way, including materials, alignment, grade and width of these elements.
"DESIGN MANUAL." The most recent edition of the "Design Manual" published by the Illinois Department of Transportation and as amended from time to time.
"DEVELOPER." The legal or beneficial owner or owners of any lot or any land included in a proposed development, including the holder of an option or contract to purchase, or any person with beneficial interest in a land trust, or other persons having enforceable proprietary interests in such land, who proposes to divide the land in a manner that constitutes a subdivision hereunder.
"DEVELOPMENT AGREEMENT." Agreement between the city and the developer through which the city agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
"EASEMENT." A grant by a property owner for the use of a strip of land by the general public, or a certain person or persons for a specific purpose or purposes.
"ENGINEER." As distinguished from City Engineer, shall mean an Illinois registered professional engineer employed by the developer.
"FLOOD HAZARD OR FLOOD PRONE AREA." All land subject to periodic inundation from overflow of natural waterways as delineated on maps available at the Department's offices.
"FLOODWAY." The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.10 foot.
"FRONTAGE." The edge of a lot bordering a street.
"HIGHWAY STANDARDS." The most recent edition of "Highway Standards" published by the Illinois Department of Transportation.
"HILLSIDE AREA." An area with an average slope of 20% or more.
"IMPROVEMENT." Any site grading, street work and utilities (including water, sewer, telephone, electric, gas and storm water) to be installed or agreed to be installed by the developer 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.
"IMPROVEMENT PLANS." The engineering plans showing types of materials and construction details for the improvements to be installed both in, or in conjunction with the subdivision.
"LAND USE PLAN (OFFICIAL PLAN)." The most recently adopted land use development plan generally showing proposed land usage and transportation system, said plan prepared and adopted in conformance with ILCS 765, Ch. 201, §§ 1 et seq.
"LANE." See Private Lane.
"LOT." A portion or parcel of land (whether a portion of a private subdivision or otherwise) occupied or intended to be occupied by one principle building or use and its accessories, together with such yards as are required under the provisions of the Danville Zoning Ordinance, having not less than the minimum area, width and depth required by the Danville Zoning Ordinance for a lot in the district in which such land is situated, having the principle frontage on a street or such other means of access as permitted in accordance with the provisions of the Danville Zoning Ordinance.
"LOT, AREA." The total horizontal area within the boundaries of a lot, exclusive of any land designated for street or alley purposes.
"LOT, CORNER." A lot abutting upon two or more streets at their intersection.
"LOT, DOUBLE FRONTAGE." A lot having a frontage on two on-intersecting streets as distinguished from a corner lot.
"LOT LINE." A line dividing one lot from another or from a street right-of-way line.
"LOT OF RECORD." A lot in a finally platted and recorded subdivision or development.
"MAJOR SUBDIVISION." All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of seven or more lots, or any size subdivision requiring new streets or extension of the city's facilities or the creation of any public improvements.
"MINOR SUBDIVISION." Any subdivision containing two but not more than six lots fronting on an existing street, not involving any new street, or lane or way, or the extension of the city's facilities , or the creation of any public improvements, and not adversely affecting the remainder of the parcel or tract or adjoining property, and not in conflict with any provision or portion of the Land Use Plan, Land Use Map, Zoning Ordinance, or these regulations.
"MEDIAN." A permanent or temporary pavement separation used to separate motor vehicle traffic lanes moving in opposite directions.
"OUTLOT." A lot depicted on a plat which may or may not be suitable for building. Such lots are usually remnants, unusable portions of land or land held in reserve for future development in a development plat. Outlots, except as otherwise clearly stated or expressed, may be constructed upon only in connection with other buildable lots. Any land devoted to common area as part of a development shall be designated as an outlot.
"PARCEL." The word "PARCEL" shall refer broadly to a lot, tract, or any other piece of land.
"PARKING LANE." An auxiliary lane of a street used primarily for vehicular parking.
"PAVEMENT." That portion of a street designated or used for vehicular travel measured from back-to-back of curb or edge-to-edge of street surface when there are not curbs.
"PERSON." Any individual, firm, trust, estate, association, partnership, corporation, or limited liability company.
"PHASED SUBDIVISIONS." A subdivision submitted pursuant to a specific overall plan in which the developer proposes to immediately subdivide the property but will develop it in one or more individual phases over a period of time. A phased subdivision may include an application for approval of conversion to horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed use projects, and residential developments.
"PLANNED UNIT DEVELOPMENT." An area of land, controlled by a landowner, to be developed as a single entity for residential, commercial or industrial uses, the plan for which does not correspond in lot size, bulk, density, lot coverage or required open space to the regulations in any one district established by any other articles of the Danville Zoning Ordinance.
"PLANS." All of the drawings including plats, cross sections, profiles, working details and specifications, which the developer prepares or has prepared to show the character, extent and details of improvements required in a Subdivision Ordinance, and which plans shall conform to any requirements of the Commission as to scale and details for submittal to the appropriate officials of the city for consideration, approval or disapproval.
"PLAT." A map, representing a tract of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale and which the developer submits to the city for consideration of approval and intends in final form to record.
"PRIVATE LANE or WAY." An undedicated private way either within or out of the corporate limits of the city that is not accepted or acceptable for public maintenance and does not constitute a public liability.
"RE-SUBDIVISION." See Subdivision.
"RIGHT-OF-WAY.(R.O.W.)" The entire dedicated tract or strip of land that is dedicated for use by the public for circulation and/or service.
"ROAD, COUNTY." A term denoting a tract of land located outside the corporate limits of the city which is used primarily for the purpose of vehicular movement and includes all of the facilities and improvements within the right-of-way. This tract of land must have been presented to and accepted by the County Superintendent of Highways.
"RURAL DEVELOPMENTS." Subdivisions which, due to their location have no reasonable expectation of annexation to the city in the foreseeable future.
"SETBACK LINE." The line parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard, as provided in the plat in conformity with the City Zoning Ordinance.
"SIDEWALK." That portion of a right-of-way used or intended to be used principally for pedestrian passage, which meets or exceeds the design standards as required by this chapter. A sidewalk typically runs parallel along and between street and lot frontages.
"SLOPE." The degree of natural inclination or grade of the existing ground.
"SPECIAL FLOOD HAZARD AREA(SFHA)." Those lands within the area of jurisdiction that are subject to the base flood inundation. The SFHA's of the city are generally identified as such on the flood insurance rate map of the city prepared by the Federal Insurance Administration and dated January 16, 1981 as amended, a copy of which may be obtained from the Department.
"STANDARD SPECIFICATIONS FOR TRAFFIC CONTROL ITEMS." The most recent edition of "Standard Specifications for Traffic Control Items" published by the Illinois Department of Transportation.
"STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS." The most recent edition of "Standard Specifications for Water and Sewer Main Construction in Illinois" published jointly by the Illinois Society of Professional Engineers, Consulting Engineers Council of Illinois, Illinois Chapter of the American Public Works Association, Illinois Municipal League, the Associated General Contractors of Illinois.
"STREET." A public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as: A highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court or as otherwise designated, but exclude an alley or a way for pedestrian use only.
"STREET, CLASSIFIED BY TYPE." The public street and thoroughfare system is classified into types of streets based on traffic carrying capacities and functions within the city.
(A) "ARTERIAL (MAJOR) STREET." A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route, with intersections at grade, and which should not provide direct access to abutting properties, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.
(B) "COLLECTOR STREET." A street which carries or is proposed to carry intermediate volumes of traffic from local streets to major streets or highways and which may or may not be continuous. Also serves for property access.
(C) "LOCAL STREET." A street used primarily for access to abutting properties, providing for minimum speeds and traffic volume.
(D) "MARGINAL ACCESS OR SERVICE ROAD." A local street parallel and adjacent to major streets providing access to abutting properties.
"STRUCTURE." Anything constructed, which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
"SUBDIVISION." The division of land into two or more parts, for the purpose, whether immediate or future, or transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots, or blocks and numbering all such lots, blocks or parcels by progressive numbers, giving their precise dimensions.
"SUBDIVISION COMMITTEE." A standing subcommittee of the Danville Area Planning and Zoning Commission responsible for the review of all subdivisions within the area of jurisdiction.
"SUBDIVISION IMPROVEMENT AGREEMENT." A contract entered into by the developer and the city by which the developer agrees to complete the required public improvements within the subdivision within a specified tune period following final subdivision plat approval.
"SURVEY." The process of establishing the location, form and boundaries of a tract of land by measuring the lines and angles in accordance with the principles of geometry and trigonometry performed by an Illinois Registered Land Surveyor.
"SURVEYOR." An Illinois Registered Professional Land Surveyor.
"TEMPORARY IMPROVEMENTS." Improvements built and maintained by a developer during construction of the subdivision and prior to release of the performance bond.
"URBAN DEVELOPMENTS." Subdivisions within the city or which are outside the city limits but are expected to be annexed within ten years.
"ZONING ORDINANCE." The Zoning Ordinance of the city, as set forth in Chapter 150 of the Code of Ordinances.
(Ord. 8290, passed 12-17-02)