Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE REVIEW COMMITTEE. A committee comprised of the President of the Board of Trustees, the Village Administrator, Village Planner and the Village Engineer.
ADMINISTRATIVE RULE. A rule governing the approval of subdivision and development activities as adopted by the Administrative Rules Committee.
ADMINISTRATIVE RULES COMMITTEE. A committee comprised of the President of the Board of Trustees, the Village Administrator, Village Planner, Village Engineer and the Chair of the Plan and Zoning Commission.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to the side or rear of the abutting property.
AREA GENERAL PLAN. A drawing of a proposed subdivision prepared by the subdivider, for phased development of a large land holding, or several properties proposed to be subdivided by sections, meeting the requirements of these regulations and which is intended to illustrate the basic layout of the proposed subdivision. As such it allows the general intentions of the overall development to be proposed and discussed without the need to submit a detailed proposal.
BENEFITED PROPERTY. Property which uniquely benefits from the construction or installation of improvements which are required to be built by an annexation agreement or subdivision approval, but which property is not part of the property included in the subdivision which is the subject of the subdivision approval or is not part of the property which is otherwise subject to the annexation agreement.
BLOCK. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting street and railroad right-of-way, waterway or other definite barrier.
BLOCK FACE. Property having frontage on one side of a street and lying between the two nearest intersecting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BOULEVARD. A street, other than a freeway or an expressway, developed with two-lane or one-lane, one-way pavements separated by a landscaped island, median or barrier.
BUILDING SETBACK LINE. A line within a lot or other parcel of land so designated on the plat of the proposed subdivision between which and the adjacent boundary line of the lot, the erection of an enclosed structure or portion thereof is prohibited. The building setback line shall be parallel with the adjacent street right-of-way line or side or rear yard line, except as otherwise approved by the Plan and Zoning Commission.
BUTT LOTS. Lots in which the rear lot lines abut the side lot lines or rear lot lines of other lots platted in the same block and not separated therefrom by an alley or other open space.
CHANNEL. A natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting line between two bodies of water. It has a definite bed and banks which serve to confine the water.
COMMONS AREA. A lot or parcel within a development not individually owned or dedicated for public use which is designated for common use and enjoyment by the residents of the development.
COMPREHENSIVE PLAN. An official advisory plan of jurisdiction formally adopted by The Board of Trustees of the Village of Mahomet, any part of which may be implemented by ordinance duly enacted by the corporate authorities as prescribed by the Illinois Municipal Code. The plan shall be on file with the Village Clerk and with Champaign County Clerk.
CROSSWALK. A public or private right-of-way for pedestrian access across a block to be used by pedestrians.
CUL-DE-SAC. A local dead end street having one open end and being terminated at the other by a vehicular turn-around.
CULVERT. A structure designed to carry surface flow of stormwater runoff from a water course in a closed system under a road, street or pedestrian walk.
DEDICATION. The deliberate appropriation of land by its owner to set it apart for any general public uses, reserving to himself no other right other than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEFERRAL. A type of waiver of subdivision requirements in which construction of the public infrastructure is delayed until a later date or time.
DETENTION STORAGE. Temporary detention or storage of stormwater runoff in storage basins, on rooftops, in parking lots, school yards, parks, open space, lakes, ponds, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.
DEVELOP. The act of changing a tract of land after its function has been altered by man, including, but not limited to, construction of structures on the land and alterations to the land except that grading that does not alter the natural flow of stormwater shall not be considered development.
DEVELOPER. Any person, firm, corporation, or other legal entity whose intent is to improve land in accordance with the regulations of the Village of Mahomet. (See OWNER).
DEVELOPMENT AGREEMENT. A contract or agreement entered into between the owner of a property and the village, which involves a commitment by the owner and/or the village to contribute funds, efforts, or other resources towards the study of the feasibility and/or the actual construction of extensions of sanitary sewers, water mains, storm sewers, street improvement, or other infrastructure improvements needed or desired for the development of the owner’s property. It is generally intended that a development agreement, if deemed necessary, be entered into during the area general plan stage of the subdivision approval process.
DRAINAGE BASIN. An area of land which, because of the nature of the topography, collects naturally the surface drainage of the surrounding land.
EASEMENT. The quantity of land set aside or over which a liberty, privilege, or advantage in land without profit existing distinct from the ownership of the land is granted to the public or some particular person or part of the public for limited use for a public or quasi-public purpose.
ENGINEER. A professional engineer, employed by the developer, registered as such and licensed to practice in the State of Illinois or qualified to practice as provided by the Illinois Compiled Statutes.
ENGINEER, VILLAGE. A professional engineer, registered as such and licensed to practice in the State of Illinois, and employed by the Board of Trustees of the Village of Mahomet, to provide technical expertise and counsel concerning subdivision and zoning matters.
EXCESS STORMWATER RUNOFF. That portion of stormwater runoff which exceeds the transportation capacity of storm drains, swales, ditches or natural drainage channels serving a specific watershed.
EXTRATERRITORIAL JURISDICTION (ETJ). Means the area where the Village exhibits control of subdivision activities and is either:
(1) Within one and one-half miles of the corporate limits of the village; or
(2) Within the area mutually agreed upon between the village and a neighboring municipality by written agreement; or
(3) The midpoint between the village and another municipality whose corporate limits are less than three miles from the corporate limits of the village where no boundary agreement exists between the two municipalities.
FARMSTEAD. The buildings and adjacent service areas of a farm, including a single family dwelling, grain storage buildings, livestock barns, machinery storage buildings, and other similar features.
FINAL PLAT. Drawing of a subdivision which has been accurately surveyed and the survey marked on the ground so that streets, alleys, blocks, lots or other divisions thereof can be identified.
FLOOD. An overflow of water on lands not normally covered by water, adjacent to a river, stream, waterway, or lake.
FLOODPLAIN. The land adjacent to a body of water or watercourse which has been or may be hereafter covered by floodwater.
ILLINOIS URBAN MANUAL. This term shall mean “A Technical Manual designed for Urban Ecosystem Protection and Enhancement”, prepared by the United States Department of Agriculture (USDA) Natural Resources Conservation Services, latest edition thereof.
IMPROVEMENT. Any man made immovable item which becomes part of, placed upon, or affixed to real estate.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, with leaching field, or approved mechanical sewage treatment device intended for use by a single parcel.
INFRASTRUCTURE DESIGN MANUAL. A published set of administrative rules, guidelines, design requirements, and specifications governing the design and construction of public and private infrastructure within new subdivisions developed under the jurisdiction of the village.
LAND USE PLAN. An official map depicting planned land uses within the one and one-half mile extraterritorial jurisdiction of the village, adopted as a portion of the Mahomet Comprehensive Plan, and amended from time to time.
LARGE SCALE RESIDENTIAL DEVELOPMENT. An area of planned residential development as set forth within the village Zoning Ordinance.
LOT. A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or for development.
LOT, AREA. The horizontal projection (in square feet) of a parcel of land or a body of water, or combination of both, exclusive of any portions of the right-of-way of any public or private streets; measurements are to be made by standard surveying practice methods.
LOT, CORNER. A parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
LOT, DEPTH. The average distance between the front and rear line of a lot measured in the general direction of its side lot lines.
LOT, FLAG. An unusually shaped lot in which the buildable portion of the lot is located away from the adjacent street, with a narrow lot frontage, and with access via a narrow strip of land between the street and the buildable portion of the lot.
LOT, FRONTAGE. That portion of a lot extending along a street right-of-way line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. The real or imaginary line oriented by a monument or other stable point of reference which indicates the boundary of a lot.
LOT WIDTH. For regular shaped lots, LOT WIDTH shall mean the average distance between the side lines of a lot measured at right angles to the depth of the lot along the lot frontage. For irregularly shaped or wedge shaped lots, the LOT WIDTH shall be the distance between the side lot lines measured along the curvature of the arc at the points of intersection of the front setback line with the side lot lines. Through the subdivision plat review process, the front yard setback line may be adjusted to increase the front yard setback to meet the minimum lot width requirement for irregular lots, but in no case shall the lot frontage at the front lot line be less than 40 feet.
MAJOR STREET PLAN. An official map depicting the location, alignment, dimensions, identification and classification of existing and proposed public street, highways and other thoroughfares within the one and one-half mile extra-territorial jurisdiction of the village, as adopted as a portion of the Mahomet Comprehensive Plan, and amended from time to time.
MAJOR SUBDIVISION. Any subdivision which involves the construction of public infrastructure as a part of the development process.
MARGINAL ACCESS STREET (FRONTAGE ROAD). A local street or highway paralleling, adjacent to and having limited access to a freeway, expressway, collector highway, area service highway, or land access highway which provides direct access to abutting property and protection from through traffic.
METES AND BOUNDS. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describes the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by describing lines or portions thereof.
MINOR SUBDIVISION. A subdivision of land into four or fewer lots which do not require the design or construction of any major public improvements and which meet all the requirements for a minor subdivision set forth in § 154.048.
MOBILE HOME PARK. A subdivision or development intended for the installation solely of mobile homes and/or modular homes.
MONUMENT. A physical structure which marks the location of a corner or other survey point as required by provisions contained herein.
MULTI-USE PATHWAY. A paved or otherwise constructed path appropriate for pedestrian and bicycle use.
OWNER. Any person having any legal, equitable or beneficial interest in the land sought to be subdivided, including the plural as well as the singular, and firm, association, partnership, private corporation, or combination of any of them.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of lands adjoining or neighboring said parcel.
PARENT TRACT. A parcel of land in which portions are proposed to be conveyed to another party for development purposes.
PARKWAY. That portion of a public street right-of-way located between the outer edge of the street pavement and the street right-of-way line.
PERFORMANCE GUARANTEE. Any security that may be accepted by the village as a guarantee that the improvements required as a part of a subdivision or development approval are satisfactorily completed.
PERSON. Any agent, individual, firm, association, partnership, corporation, syndicate or trust.
PLAN AND ZONING COMMISSION. An advisory body to the Board of Trustees, whose membership and duties shall be as set forth in the village Zoning Ordinance adopted by the Board of Trustees.
PLANNED UNIT DEVELOPMENT. A parcel of land, of a minimum contiguous size as specified by ordinance initially under single ownership or control, which contains two or more principal buildings and/or more than one principal use; planned, developed, and constructed as a unified development.
PLANNER, VILLAGE. An urban planner employed by the Board of Trustees of the Village of Mahomet to provide technical expertise and counsel concerning subdivision and zoning matters.
PRELIMINARY PLAT. A drawing and supporting data, indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review by the village, meeting the requirements of these regulations.
PUBLIC IMPROVEMENTS. Street pavements, public walkways, monuments, water mains, sanitary and storm sewers, street signs, drainage ditches, culverts, stormwater detention basins, and appurtenances to the foregoing items and for use by the public.
PUBLIC WALKWAY. A right-of-way dedicated for the purpose of pedestrian access and located so as to connect two or more streets, or a street and a public land parcel, or any two parcels of public land.
REDUCED IMPACT DEVELOPMENT. A system of street and drainage design intended to reduce the volume of and enhance the quality of stormwater runoff.
REPRODUCIBLE COPY. A print or copy of a plat or drawing on transparent film or paper of adequate weight to withstand handling.
RIGHT-OF-WAY. Land owned and occupied or intended to be occupied by a public body for installation of a street, crosswalk, underground utilities, shade trees, or other public use.
SETBACK LINE. See BUILDING SETBACK LINE.
SIDEWALK. A pedestrian walkway within a public road right-of-way, public walkway or easement.
SIGHT TRIANGLE. A triangular shaped portion of land established at street intersections in which nothing is to be erected, placed, planted, or grown in such a manner as to limit or obstruct the sight distance of motorists entering or exiting the intersection.
SKETCH PLAN. A preliminary drawing indicating the proposed general development of the area to be subdivided.
SLOPE. The degree of inclination of a site as a percentage. Synonym for grade.
STORM DRAIN. A closed conduit for conveying collected stormwater runoff.
STORMWATER DRAINAGE SYSTEM. All means, natural or man-made, used for conducting stormwater to, through or from a drainage area to the point of final outlet, including but not limited to any of the following: conduits, storm drains, swales, canals, channels, ditches, streams, culverts, streets and pumping stations.
STORMWATER MANAGEMENT ORDINANCE. A separate ordinance of the village controlling the collection, detention, and conveyance of stormwater, the requirements of which must be complied with for all subdivisions or land developments within the one and one-half mile extra-territorial jurisdiction of the village.
STORMWATER STORAGE AREA. An area designated to temporarily accumulate excess stormwater runoff.
STREET. A right-of-way, whether designated as a street, highway, road, land, court, thoroughfare, parking, freeway, expressway, boulevard, or avenue, other than an alley or place, usually affording the principal means of access to abutting property. A paved surface designed for motor vehicular movement.
STREET, ARTERIAL. A public thoroughfare with a high degree of traffic continuity established in the Major Street Plan of the village. Typically average daily traffic will exceed 4,000 vehicles per day.
STREET HIERARCHY. The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function from high traffic arterial roads down to streets whose function is residential access. Systemizing street design into road hierarchy promotes, safety, efficient land use and residential quality.
STREET LINE. The dividing line between the street or highway right-of-way and the lot.
STREET, LOCAL. Minor streets providing direct access to abutting property, which may be devoted to residential, commercial, or other uses and which carries traffic having local origins and destinations. Streets in this classification are not considered part of the major thoroughfare system. Typically average daily traffic will not exceed 500 vehicles per day.
STREET, MAJOR COLLECTOR. A street which carries traffic from minor streets to the arterial street system, including the principal entrance streets of residence development. Typically average daily traffic will exceed 3,000 vehicles per day.
STREET, MINOR COLLECTOR. A street which may provide frontage for access to lots and which carries traffic to and from adjoining local access streets and the primary circulating streets within a development. Typically average daily traffic will exceed 1,500 vehicle trips per day.
STREET, RURAL COLLECTOR. A street which provides local access and carries through traffic which is located outside the limits of an urbanized area and which is primarily bordered by agricultural land. Typically average daily traffic will not exceed 1,000 vehicle trips per day.
STREET, SUBCOLLECTOR. A street which .provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic has origin or destination in the immediate neighborhood. Typically average daily traffic will exceed 750 vehicle trips per day.
SUBDIVIDE.
(1) The division of a tract of land into two (2) or more parts; or
(2) Assembly of multiple parcels of land into fewer parcels; or
(3) The development of a lot, parcel, or tract of land as a planned development pursuant to the village’s Zoning Ordinance; or
(4) The creation of any new street, or the creation of a new easement to access all or part of a tract without legal access to the same public street across another tract from a public street, whether or not the easement is dedicated to the public at the time of creation; or
(5) The utilization of a lot, parcel, or tract of land for more than one building unless all buildings on the tract would be permitted under the village’s Zoning Ordinance as applied to the tract, parcel, or lot regardless of whether the property is located within the village; or
(6) Long-term land lease for a portion of a tract of land for more than five years.
SUBDIVIDER. Any person, firm, corporation or other legal entity having legal title to or proprietary interest in a tract of land that commences proceedings under this chapter to develop or subdivide that land. See OWNER.
SUBDIVISION. A division of a lot, tract, or parcel of land into two or more lots, or other divisions of or assemblages of land, including condominiums and planned unit developments, unless otherwise permitted by the zoning ordinance, for the purpose, whether immediate or future, of (1) transfer of ownership, (2) building development, (3) redevelopment, or (4) lease, including all changes in street lines. The term SUBDIVISION shall also include all re-subdivision of land or lots. The following activities do not constitute a SUBDIVISION despite other language to the contrary:
(1) The conveyance or transfer of the legal rights to any existing building or buildings or part thereof or use rights for use of a single individual tract as it then exists immediately prior to any sale or lease where such transfer or lease does not create any additional parcel by exception; or
(2) The conveyance or transfer of land for railroad purposes; or
(3) The dedication of land for public use to a governmental entity, the vacation of any land so dedicated, and the taking of property rights through eminent domain by a governmental entity;
(4) The construction of one single-family dwelling or farm related structures on a single lot or the creation or transfer of a single lot of 20 acres or more for farm and agricultural use, except where such acreage or structures are at locations of future streets as designated in the official Comprehensive Plan;
For the purpose of this chapter, “division of a tract of land” means the conveyance or partition, whether voluntary or involuntary, of a physical part of a tract of land from one (1) person or combination of persons to one (1) other different person or different combination of persons. Conveyance includes conveyance by long term land lease of more than five years.
SUBDIVISION, AGRICULTURAL. A subdivision in which all parcels are intended for Agricultural and non-residential purposes.
SUBDIVISION DESIGN STANDARD. The officially adopted guides, principles, specifications and standards for the preparation of subdivision plans and plats indicating, among other things, the maximum and minimum dimensions of the various elements set forth in the area general plan, preliminary plat or final plat.
SURVEYOR. A professional land surveyor registered as such in the State of Illinois as provided in the Illinois Compiled Statutes.
TENTATIVE APPROVAL. An approval without or with recommended alterations given to a Preliminary Plat by the Plan and Zoning Commission and provides the necessary authority to proceed with the preparation and presentation of the final plat and/or construction plans.
TOPOGRAPHY. The relief features or surface configuration of an area of land.
TRACT OF LAND. Contiguous land owned entirely by one or more persons with undivided interests in the entire tract. Each lot in a previously legally recorded subdivision shall constitute a separate tract of land.
TRAILER COURT. See MOBILE HOME PARK.
VICINITY MAP. A drawing located on the Preliminary Plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments, landmarks, community facilities or services.
VILLAGE. The Village of Mahomet, Champaign County, Illinois and its staff and elected officials.
WAIVER. A modification, relaxation or deferral of the strict terms of the relevant regulations where the modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
WAIVER, ADMINISTRATIVE. A waiver granted by village staff without Plan and Zoning Commission review and Village Board of Trustees approval.
ZONING ORDINANCE. A separate ordinance of the village pertaining to the use and disposition of the land with respect to land uses, zoning, lot standards, and other requirements which must be complied with for all uses of land within the corporate limits of the village.
(Ord. 15-12-01, passed 12-15-2015)