The following definitions shall apply in the interpretation and enforcement of this Title:
ALLEY: A right of way which affords secondary means of access to properties abutting upon a street and not intended for general traffic circulation.
ARTERIAL STREET: A major street or thoroughfare intended to serve as a large volume traffic way for the county or region beyond the Village.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and parks, cemeteries, railroad rights of way, shore lines of waterways, other permanent open space or corporate limit lines.
BUILDING INSPECTOR: The Building Inspector of the Village of Wayne, Illinois, or his duly authorized representative.
BUILDING SETBACK LINE: A line within a lot or other parcel of land so designated on the preliminary plan.
COLLECTOR STREET: A street which carries traffic from minor streets to an arterial street, including the principal entrance streets of residential developments and the principal circulating streets within such developments.
CONSTRUCTION GUARANTEE: A certificate of deposit, cash or irrevocable letter of credit or other good and sufficient security as approved by the Village Board to guarantee the proper installation of land improvements.
CUL-DE-SAC: A minor street with only one outlet and a permanent vehicular turnaround.
EASEMENT: A grant by a property owner for the use of a strip or area of land by the general public, a corporation or certain persons for a specific purpose or purposes.
ENGINEER, DESIGN: A professional engineer, registered and licensed as such in the State, employed by the subdivider as the person responsible for the design of site engineering plans and specifications for a project or subdivision.
ENGINEER, PROJECT: A professional engineer, registered and licensed as such in the State, employed by the subdivider as the person responsible for assuring that the site improvements are constructed and/or installed according to approved plans and specifications and according to good engineering practice.
ENGINEERING PLANS: The drawings of all required land improvements prepared by the design engineer and all accompanying information as described in Chapter 4 of this Title.
FINAL PLAN: A map or plan of a subdivision and any accompanying material as described in Chapter 4 of this Title.
FRONTAGE STREET: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic.
HALF STREET: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width.
IDOT: The Illinois Department of Transportation.
IEPA: The Illinois Environmental Protection Agency.
JULIE: The Joint Utility Location Information for Excavators.
LAND IMPROVEMENTS: All required onsite and offsite subdivision improvements including but not limited to public or private streets, street lighting, street signs, excavation, filling and grading, surface and subsurface drainageways and facilities, retention and detention basins, soil erosion control, community water distribution systems and water supply facilities, community waste water systems and treatment facilities, pedestrian, bicycle and equestrian paths and required landscaping improvements.
LANDSCAPING IMPROVEMENTS: All required improvements of the Village's Comprehensive Landscape, Screening and Tree Preservation Ordinance, the Wayne Site Plan Ordinance or under any preannexation agreement, as applicable 1 .
LOT: A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development. The area of any lot shall not include any part of the right of way of adjoining streets, roads or alleys.
LOT, BUTT: A lot at the end of a block and located between two (2) corner lots.
LOT, CORNER: A lot with frontage on two (2) intersecting and substantially perpendicular streets.
LOT, DOUBLE FRONTAGE: A lot which has a pair of opposite lot lines along two (2) substantially parallel streets, and which is not a corner lot.
LOT, FLAG: A lot with no street frontage except for a driveway access strip, or less than twenty percent (20%) of the lot width fronting on a street.
LOT, ZONING: One or more lots of record or parcels under single ownership for zoning purposes.
MINOR STREET: A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood.
OFFICIAL PLAN: Refers to the composite of the functional and geographic elements of the Official Comprehensive Plan of the Village, or any segment thereof, in the form of plans, maps, charts and textual material, as adopted by the Village pursuant to the applicable statutes of the State of Illinois 2 .
OPEN SPACE: Any parcel or area of land or water set aside, dedicated, designated or reserved for either passive or active recreational use. Public open space is any such parcel or area owned or leased, operated and maintained by a political jurisdiction. Private open space is any such area or parcel under private ownership and management.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under this Title.
PARKWAY: An unpaved strip of land situated within the street right of way or easement.
PEDESTRIAN, BICYCLE OR EQUESTRIAN WAY: A right of way or easement across, within, or on the border of a subdivision, for use by pedestrian, bicycle or equestrian traffic whether designated as a pedestrianway, bicycle way and/or equestrian way, crosswalk or however otherwise designated.
PLANNED DEVELOPMENT: A special use and subdivision of land and means a parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the zoning district in which it is located; the owner or subdivider may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the Village as a whole and would not otherwise be required by Village ordinances.
PRE-APPLICATION PLAN: A sketch of the general features of a proposed subdivision and all accompanying information as described in Chapter 4 of this Title.
PRELIMINARY PLAT: A tentative map or plan of a proposed subdivision and all accompanying information as described in Chapter 4 of this Title.
PRIVATE STREET: A street shown on the plat of subdivision to be utilized and dedicated to a homeowners' association for vehicular traffic and ingress or egress, and which is not shown or intended to be dedicated to the public or accepted by the Village.
RIGHT OF WAY: A strip of land dedicated to the public or reserved for private use and occupied or intended to be occupied by, without limitation, a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, fiber optic or cable television cable, water main, sanitary or storm sewer main or drain, or for another special use. The usage of the term "right of way" for land platting purposes in the Village shall mean every right of way hereafter established and shown on a final plat and shall be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Right of way intended for streets, crosswalks, water mains, sanitary sewers, storm sewers or drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established. Right of way, including private roads, for uses involving maintenance by private parties including but not limited to homeowners' associations shall be appropriately dedicated by the plat.
STOCKPILE: Any accumulation of earth or other material excavated from any site or lot within a subdivision and remaining on such lot or another lot or site in the subdivision following excavation.
STREET: An improved public or private right of way or easement which affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard or lane: or however otherwise designated, but excepting driveways to buildings.
SUBDIVIDER: Any person, firm, association, partnership, corporation or combination thereof who subdivides land under the provisions of this Title.
SUBDIVISION: The partitioning or dividing of a parcel or tract of land by the subdivider thereof or by his heirs, executors, administrators, legal representatives, successors or assigns where the act of division creates two (2) or more parcels of land any of which is less than five (5) acres in area. The provisions of this Title shall not apply and no subdivision is required in any of the following instances:
A. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access;
B. The 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, provided a plat of survey is recorded and furnished to Village;
D. The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does 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 of access;
F. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
G. Conveyances made to correct description in prior conveyances;
H. The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing and not involving any new streets or easements of access;
I. The sale of a single lot of less than five (5) acres from a larger tract when a survey is made by an Illinois registered land surveyor; provided, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract, and provided also that this exemption does not apply if otherwise prohibited by this Title;
The conveyance of parcels of land or interests therein to the Village pursuant to the Wayne historic and rural preservation program 4 , or the conveyance of parcels of land or interests therein for equestrian or nature trails.
SUBDIVISION DESIGN STANDARDS: The basic land-planning principles established as guides for the preparation of preliminary plans.
VILLAGE: The Village of Wayne, Kane and DuPage Counties, Illinois.
VILLAGE ATTORNEY: Such person or firm designated by the Village Board to serve as the Village's legal representative.
VILLAGE BOARD: The President and Board of Trustees of the Village of Wayne, Illinois.
VILLAGE CLERK: The Village Clerk of the Village of Wayne, Illinois.
VILLAGE ENGINEER: Such person or firm designated by the Village Board to serve as the Village's engineering representative.
WETLANDS: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three (3) attributes: a) at least periodically, the land supports predominantly hydrophytes; b) the substrata are predominately undrained hydric soil; and c) the substrata are nonsoil and are saturated with water or covered by shallow water at some time during the growing season of each year, provided that any more inclusive definition of wetlands contained in any statute, rule or regulation of any Federal or State agency having jurisdiction over wetlands shall supersede this definition. (Ord. 91-21, 8-6-1991)
Notes
| 1 | 1. See Chapters 6 and 9 of this Title, respectively. |
| 2 | 2. See Section 10-1-3 of this Code. |
| 3 | 1. See Title 2, Chapter 2 of this Code. |
| 4 | 1. See Title 9, Chapter 2 of this Code. |