For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
APPLICANT. The owner or contract purchaser of land proposed to be subdivided or developed, or his or her legal representative, provided, however, that no contract purchaser shall make any application hereunder without the written consent of the then-owner of the property to which the application pertains. Unless otherwise specifically required from the context, the term shall include and/or may be used interchangeably with the terms DEVELOPER and SUBDIVIDER.
BASE FLOOD. The base flood is having a 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 highest ground elevation which would be inundated by the base flood according to the information provided on the maps outlined in § 153.060.
BUILDING CODE. The current adopted International Building Code, together with such other amendments, revisions, supplements and modifications thereto approved from time to time by the village.
BUILDING PERMIT. A permit issued, by the Village of Diamond, Illinois for the construction, erection or alteration of any structure or building lot.
BUILDING SERVICE SEWER. A building service sewer is the private property owner's sewer that connects a residential, commercial, or industrial building with the sewer main.
BUILDING SETBACK LINE. The distance from a property line, within which, buildings or structures shall not be erected, exclusive of any encroachments therein permitted hereunder or under the village Zoning Ordinance.
CERTIFICATE OF OCCUPANCY. A permit issued by the Zoning Administrator which allows for the occupancy of a new or remodeled home, commercial building or industrial building. Occupancy of such buildings prior to receiving the certificate of occupancy shall be considered a violation of this chapter.
COMPENSATORY STORAGE. An artificially excavated volume of storage within a floodplain used to balance the loss of natural flood storage capacity when artificial fill is placed within the floodplain.
CONCEPT PLAN. A preliminary sketch of a proposed development intended for feasibility study purposes only. The conceptual drawing can include street and lot configurations, estimated minimum and maximum lot size, public land dedications, land use information and major natural features including floodplain and floodway.
CONSTRUCTION COST. The total cost of developing the subdivision or project, excepting engineering, surveying or legal fees, and also excepting the cost of the land and interest on borrowed money.
CUL DE SAC. See STREET.
DETENTION STORAGE. The temporary detaining or storage of storm water in storage basins, on roof tops, in streets, parking lots, school yards, parks, open spaces, or other areas under predetermined and controlled conditions with the rate of drainage therefrom regulated by appropriately installed devices.
DEVELOP. To alter terrain or vegetation, construct driveways, or perform any other construction upon or making any other material changes in or to any land or property.
DEVELOPER. A person, group of persons, corporation, organizations, or other entity whose object and desire is to improve land in accordance with the regulations of the village. Unless otherwise specifically required from the context, the term shall include and/or may be used interchangeably with the terms APPLICANT and SUBDIVIDER.
DRY BOTTOM DETENTION BASIN. A basin designed to be completely dewatered, after having provided its planned detention of runoff during a storm event.
EASEMENT. A grant by a property owner of the use of land for a specific purpose.
ENGINEER. A currently registered professional engineer of the State of Illinois.
EROSION AND SEDIMENTATION CONTROL PLAN. A plan of the proposed site development containing all erosion and sedimentation control measures needed to provide protection throughout all phases of construction.
EXCAVATION. Any act by which organic matter, earth, sand, gravel, rock, or other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
EXISTING GRADE. The elevation of the existing ground surface prior to development, excavation, or filling.
FEMA. Federal Emergency Management Agency.
FILL. Any earth, sand, gravel, rock, or any other similar material that is deposited, placed, dumped, transported, or moved by man to a new location.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry lands from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD PROTECTION ELEVATION. The elevation of the base flood is plus 1 foot.
FLOODPLAIN. Any area equal to or lower than the base flood elevation which is susceptible to being inundated by water from any source and also shall include any land of higher elevation having an area less than the minimum residential lot size established for the zoning district in which it is located and which is surrounded by lands having an elevation equal to or less than the base flood elevation.
FLOODPLAIN MAPS. Areas within the village which are designated as floodplains on the maps referenced in § 153.060 which are incorporated herein by reference to the extent that those maps cover territory within the village.
FLOODPROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to improved real property, structures and their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1/10 of a foot.
FRONTAGE. All the property on 1 side of a street between 2 intersecting streets (intersecting or terminating) measured along the line of the street, or if the street is dead ended, then all property abutting on one side between an intersecting street and the dead-end of the street.
GRADIENT or PERCENT OF GRADE. The vertical rise in feet per 100 feet of horizontal distance (for example, a 1% gradient or percent of grade is a rise of 1 foot in 100 feet).
HALF STREET. See STREET.
HOMEOWNERS' ASSOCIATION, CONDOMINIUM ASSOCIATION, OR PROPERTY OWNERS' ASSOCIATION. An organization or association established pursuant to an agreement or declaration of covenants, conditions and restrictions consisting of persons owning or assuming responsibility for open spaces, recreational facilities, detention/retention facilities, or other commonly owned facilities or property within a planned development or other real estate development, the membership of which includes the owners of property served or benefitted by such commonly owned property or facilities.
IMPROVEMENTS. Grading, street surfacing, pavement striping or marking, no-access strips, off-street parking, lighting, signage, curbs, gutters, sidewalks, water mains, fire hydrants, sanitary sewers, storm sewers, culverts, trees, landscaping, utility fixtures and appurtenances, and other additions to the natural state of the land which increases its value, utility, or habitability in accordance with the provisions of this chapter.
PRIVATE IMPROVEMENT. Any installed or constructed improvement for which the responsibility of maintenance and ownership will be retained by the property owner or other private entity or concern.
PUBLIC IMPROVEMENT. Any improvement constructed for the general use and benefit of the public or any improvement intended to be dedicated to the village or another public body.
LAND SURVEYOR. Registered surveyor in the State of Illinois.
LOT. 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 development.
MARGINAL ACCESS STREET. See STREET.
MINOR STREET. See STREET.
OFFICIAL MAP. A village map or maps contained in the Comprehensive Plan showing required arterial and collector streets, bike paths and trails, potential park sites and proposed land use.
ONE HUNDRED YEAR STORM. Rainstorms or rain events of varying durations or intensities having a 1% probability of occurring in any 1 year.
ONE HUNDRED YEAR STORM RUNOFF. The storm water runoff from a 100-year storm.
OWNER. Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, corporation, limited liability company, or combination of any of them that individually or collectively holds title to any parcel, tract, lot or other unit or area of property that is or is intended to be the subject of an application hereunder.
PARKWAY. That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb or the edge of the street pavement and the property line, or the dividing strip of land between parallel roadways.
PEDESTRIAN WAY. A public right-of-way across a block, or providing access within a block, to be used by pedestrians and for the installation of utility lines. Includes but is not necessarily limited to SIDEWALK.
PERMITTEE. Any applicant to whom a site development or other permit is issued by the village.
PERSON. Any natural person, firm, joint venture, incorporated association, partnership, trust, land trust, limited liability company or corporation, whether public or private, the State of Illinois and its agencies or political subdivisions and the United States of America and its agencies or instrumentalities, and any agent, servant, officer, or employee of any of the foregoing.
PLANNED DEVELOPMENT. A planned development shall mean, a land development project comprehensively planned as an entirety via a unitary site plan which permits flexibility in building, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features and for which appropriate applications and submittal have been made under this chapter and the village Zoning Ordinance.
PLANNING COMMISSION. Shall mean the Village of Diamond Planning & Zoning Commission.
PLANT AND LANDSCAPING MATERIAL. Permanent vegetative cover including grass seeding, lime and fertilizer application, mulching or any other soil stabilization planting.
PONDING. The existence of pockets or depressions which have no surface drainage provided and, in the event of failure on the part of inlets or storm sewers, will contain standing water. That portion of surface waters which are flowing shall not be considered as PONDING.
PUBLIC AGENCY. Any public board or entity created by authority of the Illinois Compiled Statutes.
RESTRICTIVE COVENANTS. Contracts, agreements or declarations restricting the manner in which land may be used and recorded against the property to be bound thereby with the appropriated County Recorder's Office.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a road, sidewalk, bike path, railroad, electric transmission line, utility lines or appurtenances, oil and gas pipeline, water main, sanitary or storm sewer, or for other special uses.
SIDEWALK. That portion of a public right-of-way paved or otherwise surfaced which is intended for pedestrian use only.
SITE. A lot or parcel of land or contiguous combination thereof, where development work is performed as a single, unified operation.
SITE DEVELOPMENT or DEVELOPMENT. Altering terrain or vegetation, constructing driveways, or performing any other construction upon or making any other material changes in or to any land or property.
STANDARD SPECIFICATIONS. Refers to the current "Standard Specification for Road and Bridge Construction," adopted by the State of Illinois Department of Transportation, current edition, as well as the "Standard Specifications for Water and Sewer Main Construction in Illinois," current edition as approved by the State of Illinois or one of its agencies.
STANDARDS. Specifications for the preparation of plans indicating, among other things, the optimum, minimum, or maximum dimensions of such features as right-of-way and blocks.
STORM SEWER. A closed conduit for conveying collected storm water.
STORM WATER RUNOFF. The water derived from precipitation within a tributary drainage basin, flowing over the surface of the ground or collected in channels or conduits.
STREET. A public or private right-of-way for providing vehicular movements over land providing access to individual lots or providing for through traffic. A STREET includes the area within the right-of-way whether improved or unimproved and includes, but is not limited to, curb and gutters, pavements, and such improvements as sidewalks, drainage facilities, landscaping, and street lighting. STREETS are designated on the street classification map in accordance with the following definitions:
ARTERIAL STREET. A public right-of-way with a high degree of traffic continuity serving as an arterial traffic way between the various districts of the village as shown on the official map.
COLLECTOR STREET. A street which carries traffic from minor streets of residential developments and the principal circulating streets within such development.
CUL-DE-SAC. A short local street having 1 open end, and being permanently terminated at the other end, by a vehicular turnaround.
HALF STREET. A street bordering 1 or more boundary lines of a tract of land or parcel and which is only ½ of the required right-of way width.
HIGHWAY. Any street designated by the state or federal government for purposes of intrastate or interstate traffic.
MARGINAL ACCESS STREET or FRONTAGE ROAD. A street which is parallel to and contiguous with an arterial street and which provides access to abutting properties and protection to local traffic from fast-moving through traffic on the adjoining arterial street.
MINOR RESIDENTIAL STREET. A street, other than an arterial street, or collector street, which affords local access to abutting properties.
STRUCTURE. For purposes of this chapter (and including but not limited to floodplain regulation under this chapter and other applicable ordinances of the village), any walled and roofed building, or a gas or liquid storage tank, principally above ground. Additionally, for the purposes of this chapter, anything erected, the use of which requires a more or less permanent location on the ground or attached to something having a permanent location on the ground, or which is the permanent result of any manmade change to the surface or subsurface area of any parcel, lot or other unit of land. Without otherwise limiting, restricting or modifying the foregoing, any sign, billboard, or other advertising medium, freestanding or attached and having a gross surface area of 60 square feet or more shall be construed to be a STRUCTURE.
SUBDIVIDER. Any natural person, firm, association, syndicate, corporation, co-partnership, trust, or other legal entity commencing proceedings under this chapter to affect a subdivision of land. Unless otherwise specifically required from the context, the term shall include and/or may be used interchangeably with the terms APPLICANT and DEVELOPER.
SUBDIVISION. Any division, excepting a tax division, of a tract of land into 2 or more lots or parcels for the purpose of transfer of ownership or development or the construction of a building or structure. No SUBDIVISION shall be made or permitted within the village without a plat thereof first being made therefore by the owner, developer or subdivider, in accordance with the requirements of this chapter, except that any such division or other action which is exempt from the platting requirements of the Illinois Plat Act, ILCS Ch. 765, Act 205, §§ 1 et seq. shall likewise be exempt from the platting requirements of this chapter (but shall otherwise remain fully subject to the requirements of this chapter to the maximum possible extent).
VACANT. Land on which there are no structures or on which there are only structures which are secondary to the use or maintenance of the land itself.
VILLAGE. The Village of Diamond, Will and Grundy County, Illinois.
VILLAGE BOARD. The Village Board of Commissioners of the Village of Diamond, an Illinois municipal corporation.
VILLAGE ENGINEER. A registered professional engineer or engineering firm appointed by action of the Village Board.
WET BOTTOM DETENTION BASIN. A basin designed to retain a permanent pool of water after having provided its planned detention of runoff during a storm event.
ZONING ORDINANCE. The current Zoning Ordinance of the village.
(Ord. 1996-01, passed 2-13-1996; Am. Ord. 2007-15, passed 7-10-2007; Am. Ord. 2021-03, passed 3-9-2021)