For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The official appointed by the Mayor and the Village Board to administer the subdivision and development code (this Chapter 154).
   ALLEY. A public right-of-way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street, and which may be used for utility purposes.
   AMENDMENT. A change in the provisions of this code, properly effected in accordance with state law and the procedures set forth herein.
   AREA, BUILDING. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of unenclosed patios, terraces and steps.
   AREA, GROSS. The entire area within the lot lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.
   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.
   ARTERIAL 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 on which traffic-control devices are used to expedite the safe movement of through traffic.
   BARRIER (NATURAL OR ARTIFICIAL). Any street, highway, river, pond, canal, railroad, levee, embankment or screening by a fence or hedge.
   BLOCK. An area of land entirely bounded by streets, highways, barriers or rights-of-way (except alleys, pedestrian ways or exterior boundaries of a subdivision unless exterior boundary is a street, highway or R.O.W.) or bounded by a combination of streets, public parks, cemeteries, railroad rights- of-way, waterways or corporate boundary lines.
   BUILDING. Any structure, whether temporary, semi-permanent or permanent, designed or intended for the support, enclosure, shelter or protection of persons or property.
   CATCH BASIN. A receptacle, located where a street gutter opens into a storm sewer, designed to retain matter that would not easily pass through the storm sewer.
      (1)   The CENTERLINE of any right-of-way having a uniform width;
      (2)   The original CENTERLINE, where a right-of-way has been widened irregularly; and
      (3)   The new CENTERLINE, whenever a road has been relocated.
   CENTERLINE OFFSET. The distance between the centerline of two roughly parallel streets, measured along the third street with which both said “parallel” streets intersect.
   CLUSTER DEVELOPMENT. A subdivision planned and constructed so as to group housing units into relatively dense patterns while providing a unified network of open space and wooded areas, and meeting the requirements of this chapter and Chapter 155 of this code of ordinances.
   COLLECTOR STREET. A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.
   COMMON LAND. That land set aside for open space or recreational use for the owners of the lots of a subdivision, which land is conveyed by the developer in fee simple absolute title by warranty to trustees whose trust indenture shall provide that said COMMON LAND be used for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his or her interest in the COMMON LAND except as an incident of the ownership of a regularly platted lot.
   COMPREHENSIVE PLAN. The plan or any portion thereof adopted by the Village Board to guide and coordinate the physical and economic development of the village. The village’s COMPREHENSIVE PLAN may include, but is not limited to, plans and programs regarding the location, character and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, drainage facilities and the like.
   CROSS-SLOPE. The degree of inclination measured across a right-of-way rather than in the direction traffic moves on said right-of-way.
   CUL-DE-SAC. A short minor local street having only one outlet for vehicular traffic and having the other end permanently terminated by a turn-around for vehicles; the term may also be used to refer solely to said turn-around.
   CURB AND GUTTER, INTEGRAL. The rim forming the edge of a street plus the channel for leading off surface water, constructed of concrete as a single facility.
   DEDICATE. To transfer the ownership of a right-of-way, parcel of land or improvement to the village or other appropriate government entity without compensation.
   DENSITY, GROSS. The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.
   DENSITY, NET. The total number of dwelling units divided by the net acreage. See definition of AREA, NET.
   DESIGN. The arrangement of uses on the land and the arrangement of easements, lots and rights-of- way, including specifications of materials, alignment, grade and width of these elements.
   DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
   DIMENSIONS. Refers to both lot depth and lot width.
   DISTRICT, ZONING. A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of the village’s zoning code (Chapter 155 of this code of ordinances).
   DRAINAGEWAY. A watercourse, gully, dry stream, creek or ditch which carries storm water runoff or which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
   EASEMENT. A grant by the property owner to the public, a corporation or a person of the use of land for limited and specifically named purpose.
   ESCROW DEPOSIT. A deposit in cash or other approved securities to assure the completion of improvements within a subdivision.
   FILING DATE. The date that the applicant has filed the last item of required data or information with the Village Clerk and has paid the necessary fees for review by the Planning and Zoning Commission.
   FLOOD HAZARD AREA. All land subject to periodic inundation from overflow of natural waterways.
   FRONTAGE. The lineal extent of the front (street-side) of a lot.
   FRONTAGE ROAD. A minor street fronting on an arterial street or highway (usually a limited access highway), used for access to abutting lots.
   GRADE. The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym for SLOPE.
   HILLSIDE AREA. An area with an average slope of 20% or more.
   IMPROVEMENT. Refers to site grading, street work and utilities (including water, sewer, electric, gas, storm water, telephone and cable television) to be installed or agreed to be installed by the subdivider 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. Including the furnishing of all materials, equipment, work and services such as engineering, staking and supervision, necessary to construct all the improvements required in §§ 154.160, 154.161, 154.175 through 154.177, 154.190 through 154.198, 154.210 through 154.212, 154.225 through 154.227, 154.240, 154.241, 154.255, 154.256, 154.270, 154.285 through 154.288, 154.300, 154.301, 154.315 through 154.317, 154.330, 154.331, 154.345 through 154.351, 154.365 through 154.368, 154.380, 154.381 and 154.395 through 154.397 or any other improvements that may be provided by the subdivider. All of such materials, equipment and services shall be provided at the subdivider’s cost and expense, although he or she may enter into a contract with individuals and firms to complete such IMPROVEMENTS, and the IMPROVEMENTS shall be subject to the final approval of the Planning and Zoning Commission and the Village Board.
   IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for earth moving and for the structures and facilities to be installed both in, or in conjunction with, a subdivision. PLANS must include drainage, streets, alleys and utility locations to be installed in or in conjunction with a subdivision also, include overall drainage plan and its effect on contiguous land and source of effluent or discharge.
   INLET. A receptacle, located where surface and/or groundwater can run to by gravity to be received by the storm sewer.
   INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
   LAND USE PLAN. The comprehensive long-range plan for the desirable use of land, the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive subdividing and use of undeveloped land.
   LOCAL STREET. A street serving limited amounts of residential traffic, and for access to abutting property, and on which the speed limit is low and the traffic volume minimal.
   LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. A LOT may or may not coincide with a LOT OF RECORD.
   LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot, exclusive of any land designated for street right-of-way.
   LOT, BUTT. A lot at the end of a block and located between two corner lots.
   LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
   LOT DEPTH. The mean horizontal distance between the front end and the rear lot lines measured in the general direction of the side lot lines.
   LOT, INTERIOR. A lot whose side lines do not abut any street.
   LOT LINE, FRONT. The line separating the lot from the street. On a corner lot, the FRONT LOT LINE shall be the frontage having the least dimension.
   LOT LINE, REAR. The lot line most nearly parallel to and most remote from the front lot line.
   LOT LINE, SIDE. Any lot line other than front or rear lot line. A CORNER SIDE LOT LINE separating a lot from a street is called a STREET SIDE LOT LINE. A SIDE LOT LINE separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
   LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the County Recorder of Deeds in accordance with state law.
   LOT, THROUGH. A lot having a part of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines.
   LOT WIDTH. The mean horizontal width of the lot measured at right angle to the general direction of the side lot lines.
   MAINTENANCE BOND. A surety bond, posted by the developer and approved by the village, guaranteeing the satisfactory condition of installed improvements for the one-year period following their dedication.
   MASTER DEVELOPMENT PLAN. A combination of maps, drawings, site plans, charts and supportive narrative material that portrays total development to be achieved in the overall project area; which provides sufficient detailed information to both illustrate and describe the intended character and configuration of development to be accomplished.
   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 description of 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.
   OFFICIAL MAP. A graphic statement of the existing and proposed capital improvements planned by the village which require the acquisition of land such as streets, drainage systems, parks and the like.
   OWNER. A person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
   PARKING LANE. An auxiliary lane of a street and primarily used for vehicular parking.
   PEDESTRIAN WAY. A right-of-way dedicated to public use which cuts across a block to facilitate safe pedestrian access to adjacent streets and properties.
   PERFORMANCE BOND. A surety bond posted by the developer and approved by the village, guaranteeing the installation of required improvements within, or in conjunction with, a subdivision.
   PERSON. Any agent, individual, firm, association, partnership, corporation, syndicate or trust.
   PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the village.
   PLANNED UNIT DEVELOPMENT (PUD). A comprehensively planned development containing residential, commercial, industrial or other land uses on an area of land under continuing unified control. A PLANNED UNIT DEVELOPMENT may contain a single type of land use or combination of land uses provided that such development is reviewed, evaluated and approved by the village and satisfies the requirements contained herein.
   PLANS. All of the drawings including plats, cross-sections, profiles, working details and specifications, which the subdivider prepares or has prepared to show the character, extent and details of improvements required in this chapter and which PLANS shall conform to any requirements of the Planning and Zoning Commission as to scale and details for submittal to the approval officials of the village for consideration, approval or disapproval.
   PLAT, FINAL. The final engineering and architectural maps, drawings and supporting material indicating the subdivider’s plan of the subdivision which, if approved, may be filed with the County Recorder of Deeds.
   PLAT, PRELIMINARY. Preliminary engineering and architectural maps, drawings and supportive material indicating the proposed layout of a subdivision.
   PROJECT AREA. The territory intended to be subdivided or developed, and portrayed and defined in the preliminary and final plats.
   RESERVE. To set aside a parcel of land in anticipation of its acquisition by the village or other appropriate government entity for public purposes.
   RESERVE STRIP. A narrow strip of land between a public street and adjacent lots which is designated on a recorded subdivision plat or property deed as land over which vehicular travel is not permitted.
   RETENTION AREA. An area of land designed to capture water runoff from a developed parcel and release it at a specified rate of flow as determined by engineering studies. (See § 154.198.)
   REVERSE CURVE. A curve in a street heading in approximately the opposite direction from the curve immediately preceding it so as to form an S-shape.
   RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the village or other appropriate government entity for streets, alleys and other public improvements; sometimes abbreviated as R.O.W.
   ROADBED. The graded portion of a street upon which the base course, surface course, shoulders and median are constructed.
   ROADWAY. The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter.
   SETBACK LINE. A line that is usually parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
   SIDEWALK. A pedestrian way constructed in compliance with the standards of this chapter, generally abutting or near the curb line of the street.
   SLOPE. The degree of inclination of site or right-of-way expressed as a percentage. Synonym for GRADE.
   SOIL AND WATER CONSERVATION DISTRICT. The County Soil and Water Conservation District.
   STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian or bicycle use only.
   STREET AREA SERVICE HIGHWAY. Area service highways interconnect collectors and land access streets with the principal system and vice versa, brings all developed areas within a reasonable distance of principal streets, connects and provides direct access to major traffic generators, provides secondary service to smaller communities, may provide access to abutting property, and have a medium volume design capacity and travel speeds.
   STREET, CUL-DE-SAC. A short, land-access street, having only one end open for vehicular traffic, and the other permanently terminated by a turn-around for vehicles.
   STREET, DEAD-END. Land access streets similar to cul-de-sacs, except that they provide no turn-around circle at their closed end, and are not permitted in any proposed subdivision.
   STREET, LAND ACCESS. Provide access to abutting properties, have a relatively short travel distance and have a low volume design capacity and travel speeds.
   STREET, LOOPED. Land access streets having two open ends, each end generally connecting with the same street, no other streets intersecting between its ends, and property fronts on both sides of the street.
   STREET, MARGINAL ACCESS OR SERVICE ROAD. A land access street parallel and adjacent to area service highways providing access to abutting properties.
   STRUCTURE. Anything constructed or erected which requires permanent or temporary location on or in the ground, or is attached to something having a fixed location on or in the ground. All buildings are STRUCTURES but not all STRUCTURES are buildings (e.g., a fence).
   STUB OR BUTT STREET. A street that is temporarily terminated, but that is planned for future continuation.
   SUBDIVIDER. Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as defined in this section.
      (1)   The division of land into two or more lots or parcels for the purpose of either immediate or future sale, rental or building development or use(s) other than agricultural use or production.
      (2)   Establishment or dedication of a public street or alley through a tract of land regardless of size.
      (3)   The term SUBDIVISION shall also include all resubdivisions of land or lots.
   TOPOGRAPHY. The relief features or surface configuration of an area of land.
   TRAVELWAY. The portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
   VACATE. To terminate the legal existence of right-of-way or subdivision, and to so note on the final plat recorded with the County Recorder of Deeds.
   VARIANCE, SUBDIVISION. A relaxation in the strict application of the design and improvement standards set forth in this chapter.
   YARD, FRONT. A yard extending across the full width of the lot, the depth of which is set forth in the zoning code (Chapter 155 of this code of ordinances).
   YARD, REAR. A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required REAR YARD shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot lines.
   YARD, SIDE. A yard between a main building and the side lot line, extending from the front yard or front lot lines, where no front yard is required, to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
   ZONING CODE. The zoning code of the village, as set out in Chapter 155 of this code of ordinances.
(1999 Code, § 34-2-2)