For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and when any pertinent term is not expressly defined it shall be construed to have its usual legal definition. The word “shall” is always mandatory and not merely advisory.
ASSOCIATION. The owners’ association to be formed for the owners of property in a subdivision to maintain any open space, common grounds or common buildings not dedicated to and accepted by a public agency.
BASE FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year. The BASE FLOOD is also known as the 100-YEAR FLOOD.
BOND. A performance bond issued by a surety company, a cash bond or a letter of credit issued by a financial institution, to guarantee a contract and the payment of all obligations for the construction of public improvements.
BYPASS CHANNEL. A channel formed in the topography of the earth’s surface to carry stormwater runoff through a specified area.
CERTIFICATE OF REGISTRATION. A certificate issued by the Village Clerk indicating registration with the village to develop and/or construct public improvements which will be or have been dedicated to the village during a subdivision process. This CERTIFICATE shall not be denied, suspended or revoked, except by Village Board action.
COMPREHENSIVE PLAN. The official comprehensive plan and land use map of the village adopted by the Village Board, and amended from time to time.
CONDOMINIUM SUBDIVISION. Any subdivision or part of a subdivision which is intended for multi-family buildings to be constructed and sold by the subdivider as condominium units rather than as apartments.
CONSTRUCTION PLANS AND SPECIFICATIONS. Plans prepared by a registered engineer of the subdivider to show the types, location, lines and grades of the proposed streets, storm sewers, sanitary sewers, water mains and the like in the subdivision.
CONSULTING ENGINEER. A firm licensed by Illinois, or any state, as a professional design firm able to provide engineering services. CONSULTING ENGINEERING FIRMS may also provide related professional services such as surveying and landscape architecture. A CONSULTING ENGINEER must maintain professional liability insurance in order to provide services within the village for public facilities or facilities that will become publicly-owned facilities.
CONTROL STRUCTURE. A structure designed and built to control the flow of stormwater runoff.
DESIGN STORM. A rainfall event of specified duration and frequency used to calculate the stormwater runoff from a given area of land. An example of a DESIGN STORM is a rainfall event with a duration of 24 hours that occurs on average once every two years. Another example is a rainfall event with a duration of one hour that occurs once every 25 years on average. The rainfall data set to be used in the village is maintained by the Illinois State Water Survey and is published as Bulletin 70.
DETENTION BASIN. A facility designed and built to provide for the temporary storage of stormwater runoff and the controlled release of runoff at a prescribed rate during and after a storm event.
DEVELOPMENT.
(1) Any human-made change to real estate, including:
(a) Construction, reconstruction or placement of a building or any addition to a building valued at more than $1,000;
(b) Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days;
(c) Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000;
(d) Filling, dredging, grading, excavating, constructing parking lots or other non- agricultural alterations of the ground surfaces;
(e) Storage of materials; or
(f) Any other activity that might change the direction, depth or rate of flood or surface waters within the village.
(2) DEVELOPMENT does not include maintenance of existing buildings and facilities, gardening, plowing and similar agricultural practices.
DRY BOTTOM STORMWATER STORAGE AREA. A detention facility designed to receive runoff and release all of the runoff such that the facility is normally in a dry condition.
DWELLING UNIT. One or more rooms constituting all or part of a dwelling used exclusively as living quarters for one family and not more than two roomers or boarders, and which contain cooking facilities, sink or other kitchen facilities.
EASEMENT. A right or privilege to enter and use private land for specified purposes.
FINAL ACCEPTANCE. Acceptance of the subdivision improvements by the Village Board.
FINAL PLAT. The final map or drawing on which the subdivided plan of subdivision is presented to the Village Board for approval, and which, if approved, shall be recorded in the County Recorder’s office for the purpose of conveying land.
FLAG LOT. A lot configured such that the main or principal use, or the building area, does not abut or adjoin a public street, but is connected to such public street by a narrow strip of land intended to provide access between the public street and the useful portion of the lot.
FLOOD HAZARD AREA.
(1) Areas susceptible to the base flood and delineated as “A” Zones on a Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (FEMA).
(2) FLOOD HAZARD AREAS of unincorporated Tazewell County that are within the extraterritorial jurisdiction of the village are identified on a Flood Insurance Rate Map prepared for the county by FEMA.
LOT. A portion of a subdivision or parcel of land considered a unit intended for transfer of ownership or for building development.
NATURAL DRAINAGE. The flow path of stormwater runoff across land without alteration by development. As the runoff travels farther distances, the flow becomes concentrated in channels and streams formed in the existing surface topography.
OUTLOT. A lot within a subdivision to be used for a unique purpose such as a drainage pond or shared park land. Any such lots used as a shared resource of a subdivision shall be owned and managed by an association of the property owners.
PLANNING COMMISSION. The Tremont Planning Commission.
PLAT OFFICER. An officer appointed by the Village President with the consent of the Village Board, whose vested duty is to administer and enforce the regulations and standards of this chapter.
PRELIMINARY PLAT. A preliminary map or drawing indicating the proposed layout of the subdivision as submitted to the Planning Commission for consideration and approval of the Village Board.
PUBLIC WATER SUPPLY. A potable water system serving at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year, as more specifically defined by the state’s Environmental Protection Act (415 ILCS 5/3.365).
RESERVE STRIP. A strip of land, usually the boundary of a subdivision, which is withheld from sale or dedication to control the development of adjacent land.
RETENTION BASIN.
(1) A facility constructed or modified to provide for the storage of stormwater runoff without overland discharge or release of runoff.
(2) Collected runoff is only released by means of infiltration and evaporation.
REVERSE FRONTAGE. A lot that is bounded in front and in back by a street or thoroughfare.
SANITARY SEWER. A constructed conduit to collect and carry liquid and solid sewage wastes, other than stormwaters, to a sewage treatment plant.
SELECTED GRANULAR BACKFILL. Aggregate material used for water and sewer pipe construction, as defined by the Standard Specifications for Water and Sewer Main Construction in Illinois.
SIDEWALKS. The paved portion of the right-of-way, excluding the paved street, designed and intended for the movement and use of pedestrians.
STATE ROAD SPECIFICATIONS. The most recent edition of the Standard Specifications for Road and Bridge Construction, as adopted by the state’s Department of Transportation.
STATE WATER AND SEWER MAIN SPECIFICATIONS. The most recent edition of the Standard Specifications for Water and Sewer Main Construction in Illinois.
STREETS and ALLEYS. A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane or however designated, in the following hierarchy.
(1) ARTERIAL STREET. Designed for high vehicular capacity and moderate travel speed. ARTERIAL STREETS typically travel through the village providing travel routes to and from the community.
(2) COLLECTOR STREET. Designed to carry a moderate amount of traffic at low to moderate speeds. COLLECTOR STREETS typically carry traffic within the village between subdivisions and between residential areas and other zoned property types.
(3) LOCAL STREET. Those streets typically carrying lower volumes of traffic at low speeds. LOCAL STREETS provide access to abutting properties.
(4) ALLEYS. Connect streets and provide access to the rear of properties typically for service such as garbage collection or access to garages.
SUBDIVIDER. Any individual, association, corporation or other legal entity who is an owner or agent responsible for subdividing or developing land and who is responsible for requirements outlined in these regulations for the subdividing of land.
SUBDIVISION.
(1) The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, shall be deemed a SUBDIVISION. The term includes resubdivision; provided that, the division of not more than five lots or tracts of record into not more than three lots, and not involving a new street, shall be eligible for record without approval of the Village Board, but with the written approval of the Plat Officer, who shall first determine that the new lots comply with the area regulations and other requirements, including sanitation of the zoning regulations of the village. When appropriate to the context, the term SUBDIVISION shall relate to the process of subdividing or to the land subdivided.
(2) The term also applies to the following, which, while not requiring submission of a subdivision plat, nor approval of the Village Board, requires village approval through the Plat Officer and compliance with the other requirements of this chapter:
(a) Division or subdivision of land into lots of five acres or more which do not involve any new streets or easements of access;
(b) Division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(c) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(d) The conveyance of parcels of land or interests therein for use as a right-of-way for railroads, utilities or pipe lines which do not involve any new streets or easements of access;
(e) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements for access;
(f) The conveyance or dedication of land for highway or other public purposes or the vacation of land dedicated for a public use;
(g) Conveyance made to correct descriptions in prior conveyances;
(h) The sale or exchange of parcels following the division into no more than two parts of a particular parcel of land existing on 7-17-1959 and not involving any new streets or easements of access; or
(i) It is the intent of the section to eliminate the exception stated at § 1(b)(9) of the Plat Act, being 756 ILCS 205/1(b)(9), and thereby require compliance with the Plat Act, being
765 ILCS
205/1 et seq., in transactions involving the sale of a single lot of less than five acres from a larger tract in all instances, except that specified in division (1) above.
SUBDIVISION CODE. This chapter.
SUBSTANTIAL CONFORMANCE. No changes in a subdivision’s street configuration, the number, sizes and configuration of lots, and the configuration of stormwater drainage plans or the configuration of any other utility services.
STORM DRAINAGE CAPACITY. The flow of stormwater runoff that can be transported by a channel without overtopping or a conduit without causing a rise of the water surface over the conduit where water enters the conduit.
STORM SEWER. A constructed conduit to carry stormwater runoff.
STORMWATER RUNOFF. The flow of water resulting from precipitation which was not absorbed by the soil or plant material.
STORMWATER RUNOFF RELEASE RATE. The flow rate at which stormwater runoff is released from a control structure.
TRIBUTARY WATERSHED. All the land area that contributes stormwater runoff to a given point.
VILLAGE ENGINEER. Appointed by the Village President with the consent of the Village Board to assist the village as described in the village’s code of ordinances. The VILLAGE ENGINEER shall be a professional engineer (P.E.) licensed by the state. The VILLAGE ENGINEER shall have expertise in civil engineering. A qualified consulting engineer may serve as VILLAGE ENGINEER, if approved by the Village Board.
WET BOTTOM STORMWATER STORAGE AREA. A facility designed to be maintained as a pond with a free water surface and which has capacity to contain excess stormwater runoff.
(Ord. 16-102, passed 4-4-2016)