(A) Rules: The language set forth in the text of these Subdivision Regulations shall be interpreted in accordance with the following rules of construction:
1. The singular number includes the plural and the plural the singular;
2. The present tense includes the past and future tenses and the future the present;
3. The word "shall" is mandatory, while the word "may" is permissive;
4. The masculine gender includes the feminine and neuter;
5. Whenever a word or term defined hereinafter appears in the text of these subdivision regulations, its meaning shall be construed as set forth in the definition thereof.
(B) Definitions:
ALLEY: A public right of way with a width not exceeding twenty four feet (24') which affords a secondary means of access to abutting property.
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 which prevent the passage of traffic.
BUILDING INSPECTOR: The Building Inspector of the City of Darien, Illinois, or his duly authorized representative.
BUILDING LINE: The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building and the front lot line. The front line of porches, vestibules, balconies and other obstructions if nearer the front lot line shall be controlling.
CITY: The City of Darien, Illinois.
CITY CLERK: The City Clerk of the City of Darien.
CITY COUNCIL: The Mayor and City Council of the City of Darien, Illinois.
CITY ENGINEER: The City Engineer of the City of Darien, Illinois, or his duly authorized representative.
COLLECTOR STREET: A medium capacity street containing two (2) to four (4) moving lanes and serving as a feeder street connecting local service streets to the arterial street system. It also provides street continuity within residential neighborhoods.
CUL-DE-SAC: A minor street with only one outlet and permanently terminated to include vehicle turnaround at the closed end.
EASEMENT AREA: A designated parcel of land on, over or under which a liberty, privilege or advantage for use of land is recorded as distinct from ownership of the land and granted either to the public, a particular person or firm, or a combination of both.
FINAL PLAT: The final map or plan of a subdivision presented to the City for approval in form acceptable to the Recorder of Deeds of DuPage County.
FRONTAGE ROAD: A collector street which is parallel to, adjacent to and separated from the main traveled pavement surface of a thoroughfare.
HALF STREET: A street where less than the ultimate total required right-of-way width has been dedicated along one or more exterior property lines of a subdivision.
HOUSE SERVICES: The portions of piping running from a utility service main to serve individual parcels of property, including sewer and water services.
LAND IMPROVEMENT: Any sanitary sewage system, water distribution systems, storm drainage systems, public utility systems, sidewalk systems, street systems, street lighting systems, pedestrianways, no-access strips, off-street parking areas and other improvements.
LOT: A parcel of land of record in the office of Recorder of Deeds of DuPage County.
LOT, BUTT: A lot at the end of a block and located between two (2) corner lots.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
MAJOR ARTERIAL STREET: A high capacity street of four (4) to six (6) lanes for moving vehicles and spaced approximately one and one-half (11/2) miles apart as part of the Chicago Metropolitan Area arterial system.
MINOR ARTERIAL STREET: A high capacity street of four (4) moving lanes, spaced one-half (1/2) to one mile apart from major arterials and supplementing the areawide major arterial system.
MINOR STREET: A street of limited continuity used primarily for access to abutting properties and to serve local needs of a neighborhood.
NO-ACCESS STRIP: A land area at least twelve feet (12') wide along the rear lot line of a double-frontage lot and abutting a thoroughfare within which no vehicular driveways shall be permitted.
OFFICIAL PLAN: The composite of the functional and geographic elements of the Comprehensive Plan, or any segment thereof, in the form of plans, maps, charts, text of reports and the Official Map, as adopted by the City of Darien.
OWNER: Any person, group of persons, 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 these subdivision regulations.
PARKWAY: A strip of land situated within the dedicated street right of way and: 1) located between the roadway and right-of-way line, or 2) a median located between the roadways.
PAVEMENT WIDTH: The distance from back to back of curbs.
PEDESTRIANWAY: A right of way across or within a block and designated for pedestrian use.
PRELIMINARY PLAT: A tentative map or plan of a proposed subdivision indicating a proposed layout submitted to the City for its consideration.
PUBLIC WORKS SUPERVISOR: The Public Works Supervisor of the City of Darien, Illinois, or his duly authorized representative.
RIGHT OF WAY: A strip of land dedicated to the public for access purposes including, but not limited to, streets, alleys and pedestrianways and which may include surface access by vehicles or pedestrian overhead access, when permitted, for utilities and underground access for sewers and utilities.
ROADWAY: The improved portion of the street available for vehicular traffic.
SIDEWALK: That portion of a street right of way or pedestrianway paved or otherwise surfaced and intended for pedestrian use only.
STREET: A public or private right of way which provides for access to abutting property.
STREET WIDTH: The shortest distance between the right-of-way lines of a given street. Pavement width is the distance from back to back of curbs.
SUBDIVIDER: Any owner commencing proceedings under these subdivision regulations.
SUBDIVISION: The division of any parcel of land shown as a unit or as part of a unit or as contiguous units on the last preceding transfer of ownership thereof into two (2) or more parcels, sites or lots any one of which is less than five (5) acres in area for the purpose, whether immediate or future, of transferring ownership, except however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners where such sale or exchange does not create additional building sites shall not be considered subdivisions; or
The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or lease holders, or as easements, for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities; provided, however,
That where no new streets or roads are involved, division of land for agricultural purposes where the resulting parcels are more than three (3) acres or larger in size, divisions of property by testamentary or intestate provisions or divisions of property upon court order shall not be considered subdivisions.
The term "subdivision" or "subdividing" as used within this Title and the ordinances of the City shall refer not only to developments which require the division of a tract into two (2) or more parcels but shall relate to any improvement of a tract of land or any right of way or easement even if such improvement does not entail the division of a tract into two (2) or more parcels.
THOROUGHFARE: A major or minor arterial street. A street with a high degree of continuity and serving as a principal trafficway between the various districts of Darien and its environs. (Ord. 0-21-71, 11-15-1971, as amended 1-25-1975; amd. Ord. 0-21-79, 6-18-1979)