For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BERM. An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
BLOCK. A tract of land bounded by streets, or by a combination of streets, railway rights-of-way, waterways or limits of subdivision.
BOARD. The County Board of Will County.
BUFFER. A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.
BUILDING. A structure having a roof, supported by columns or walls for the shelter, support or enclosure of persons, animals or chattel; and when separated by division walls from the ground up and without openings, each portion of the building shall be deemed as a separate building.
BUILDING SETBACK LINE. The minimum distance required to be provided by the County Zoning Ordinance between a street right-of-way or the center of the street in noted situations and the nearest supporting member of any structure on the lot.
CLUBHOUSE. A building used year-round that meets all applicable building codes for a commercial structure that is owned and operated by the property owner’s association to hold events and other activities by residents of the subdivision.
COMMON OPEN SPACE. Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned unit development. COMMON OPEN SPACE may contain structures for recreational use.
CONSERVATION EASEMENT.
(1) A legal agreement between a landowner and a public agency or not-for-profit conservation organization that permanently restricts current and future uses of a property. It is a recorded easement that restricts use of the land for all future owners of the property.
(2) The
CONSERVATION EASEMENT AREA is monitored by the holder of the easement who enforces the restrictions of the easement. Funding for monitoring and enforcement of the CONSERVATION EASEMENT is required and is typically provided through an endowment to the not-for-profit organization.
(3) Funding for any work to be performed in the
CONSERVATION EASEMENT is typically provided by the owner of the property (the developer, individual property owner or property owners association).
CONSTRUCTION SCHEDULE. A plan prepared by an state professional engineer that outlines the time line for construction, the construction traffic routing to the site and any signs that are deemed appropriate.
CONVENTIONAL SUBDIVISION. Any subdivision other than one approved as a planned unit development.
CUL-DE-SAC. A street having one open end and being permanently terminated at the other end by a vehicle turnaround.
DEAD-END. Having only one outlet.
DECIDUOUS. A plant with foliage that is shed annually.
DECLARATION OF CONSENT. A declaration, in form acceptable to the Plat Committee, executed by all record owners of property within the subdivision, consenting to the establishment of the maintenance special service area and to the levy of a special tax pursuant thereto for the purposes set forth herein and containing all other consents or representations required by the County Board.
DEED RESTRICTION. A restriction placed on a parcel or lot that protects open space or natural areas and restricts future development on that land. It is recorded and applies to all future owners of the property. Typically, no special monitoring of the property is required and enforcement of the DEED RESTRICTION would be provided by private citizens, the property owners association or the county. Funding for any work to be performed in a deed restricted area is typically provided by the owner of the property (the developer, individual property owner or property owners association).
DENSITY, GROSS. A calculation that is used to describe the number of dwellings that can be constructed on a parcel of land. The numerical value is obtained by dividing the area of a parcel by the lot size.
DESIGN STANDARDS or DESIGN REQUIREMENTS. The requirements and regulations relating to design and layout of a subdivision.
DETENTION BASIN. A constructed structure for the temporary storage of stormwater runoff with a controlled release rate.
DEVELOPER. Same as SUBDIVIDER.
DEVELOPER’S HANDBOOK. A document prepared by the County Land Use Department for informational purposes, including but not limited to, outlining procedures for the preparation, submittal, review and consideration of zoning map amendment, special use permit, variance, subdivision plat and building permit applications.
DEVELOPMENT.
(1) Any human change to real estate, including:
(a) Construction, reconstruction, repair or placement of a building or any addition to a building;
(b) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 days. If the travel trailer or recreational vehicle is on site for less than 180 days, it must be fully licensed and ready for highway use;
(c) Drilling, mining, installing utilities, construction of streets, bridges or similar projects;
(d) Demolition of a structure or redevelopment of a site;
(e) Clearing of land as an adjunct of construction;
(f) Construction or erection of levees, walls, fences, dams or culverts; channel modification; filling, dredging, grading, excavating, paving or other alterations of the ground surface; storage of materials; or deposit of solid or liquid waste; and
(g) Any other human activity that might change the direction, height or velocity of flood or surface water, including extensive vegetation removal.
(2) DEVELOPMENT does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of streets when there is no increase in elevation or gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.
DRIVEWAY. The portion of a lot used to provide access from the street to a place of residence or business.
EASEMENT. A grant by a property owner for the use of a parcel of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.
EMERGENCY WARNING SIRENS. Sirens located within a subdivision or development designed to alert residents of impending danger. EMERGENCY WARNING SIRENS in the county are regulated in terms of location and decibel level by the County Office of Emergency Management.
ENVIRONMENTALLY SENSITIVE. Geographic areas consisting of all lakes and streams shown on the USGS quadrangle maps and adjacent shoreland buffer areas, delineated wetlands and all wetlands shown on the wetland inventory maps and floodplains as delineated on the official Federal Emergency Management Administration flood insurance rate maps and any other environmental features currently regulated or identified under federal, state or local environmental laws or plans.
EVERGREEN. A plant with foliage that persists and remains green year-round.
FINAL ACCEPTANCE OF THE SUBDIVISION. The formal act of transference of public improvement to a specific subdivision or development from private ownership and control to that of the appropriate public agency pursuant to conditions, procedures and terms set forth in this chapter. This act shall take place after all improvements are acknowledged, completed, and accepted by the Chief Subdivision Engineer and the Road District Commissioner.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN. Typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. FLOODPLAINS may also include detached special flood hazard areas, ponding areas and the like. The FLOODPLAIN is also known as the SPECIAL FLOOD HAZARD AREA (SFHA).
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 one-tenth of a foot due to the loss of flood conveyance or storage.
FRONTAGE. The property on one side of a street between two intersecting streets (crossing or termination) measured along the line of the street; or with a dead end street, all property abutting one side of the street measured from the nearest intersecting street and the end of the dead end street.
FRONTAGE, LOT. The portion of the frontage that lies between the side lot lines of a single lot.
FRONTAGE ROAD. A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to the street or highway providing points of ingress and egress at more-or-less uniformly spaced intervals.
GRASSLANDS. Used to encompass all native, restored and reconstructed areas that contain native grassland species, including prairies and savannas.
GREENWAY SYSTEMS. A corridor of undeveloped land, as along a river or between urban centers that is reserved for recreational use or environmental preservation.
HALF STREET. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.
HEDGE. A landscaped barrier consisting of a continuous, dense planting of shrubs.
IMPROVEMENTS. All facilities constructed or erected by a subdivider to permit and facilitate the use of lots or blocks for a principal residential, commercial or industrial use.
LAND CONSERVATION AGENCY. A public agency or not-for-profit conservation organization whose primary purposes include the conservation of land, natural areas, open space or water areas or the preservation of native plants or animals. In the case of a not-for-profit conservation organization, it must have adopted the land trust alliance’s standards and practices.
LANDSCAPING. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials).
LEED. Leadership in Energy and Environmental Design.
LOT. A building site shown on a plat of subdivision recorded with the appropriate county office and identifiable by reference to a plat of subdivision rather than by metes and bounds.
LOT DEPTH. The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
LOT, DOUBLE-FRONTAGE. A lot other than a corner lot having frontage on two or more streets (also known as a THROUGH LOT). For purposes of this definition, an alley shall not be considered a street.
LOT LINE. A boundary line of a lot.
LOT WIDTH. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the minimum building setback line as established for each tract.
MAINTENANCE SPECIAL SERVICE AREA (MSSA). A special service area established pursuant to the Special Service Area Tax Law and § 154.284(D) hereof, providing for the levy of a special tax against a subdivision in the event that a property owners association fails to adequately carry out its duties as determined by the Plat Committee with respect to any open space not otherwise dedicated or conveyed to a governmental agency or body.
MSSA APPLICATION. An application requesting the establishment of a maintenance special service area which has been executed by all record owners of the property within the subdivision and all electors residing within the subdivision, requesting the establishment of a maintenance special service area, in the form provided by the Plat Committee which, at a minimum shall set forth:
(1) The name and legal status of the parties executing the SSA application;
(2) The nature of the special services to be provided;
(3) The boundaries of the proposed maintenance special service area;
(4) A representation that the proposed maintenance special service area forms a contiguous body located within the county;
(5) The estimated amount of funding required;
(6) The maximum allowable annual special tax levy;
(7) The stated need and local support for the proposed Maintenance Special Service Area; and
(8) A representation that all record owners of property within the proposed maintenance special service area and all electors within the proposed maintenance special service area consent to the establishment of the proposed maintenance special service area and waive any right to object to the establishment of the proposed maintenance special service area under the Special Service Area Tax Law.
MSSA OBJECTION PERIOD. The period during which owners of record of property within the proposed maintenance special service area and electors residing within the proposed maintenance special service area may file a petition objecting to the formation of the proposed maintenance special service area pursuant to § 55 of the Special Service Area Tax Law. This does not include the non-binding public hearing referenced in §§ 154.280 through 154.286.
MANAGEMENT PLAN, INITIAL. A written plan of developed actions that provides for proper care and establishment of natural areas during the establishment period or ecological management required to obtain a prescribed Floristic Quality Assessment Index (FQI).
MANAGEMENT PLAN, LONGTERM. A written plan of developed actions to address operation and maintenance needs of a designated area for an extended period of time.
MINOR SUBDIVISION. Any subdivision containing not more than five lots not involving any new streets or extension of municipal facilities; and not adversely affecting the development of the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the County Land Resource Management Plan or any functional element thereof, the county, chapter or official map relating thereto.
MINOR WAIVER OR MODIFICATION. A request to deviate from any of the subdivision application submittal requirements of this chapter.
MULCH. Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.
NATURAL PRESERVE. A contiguous area within or adjacent to a subdivision in which native plants are maintained or planted, non-native plants are removed, and a maintenance plan and approved funding mechanism is in place for perpetual maintenance of the area.
NEIGHBORHOOD POOL. A human-made body of water with a capacity of 100 people with a variety of depths, a slide and a diving board for recreational swimming purposes. A concrete walkway of a minimum of ten feet in width must surround the entire pool.
NEIGHBORHOOD SPLASH PAD. A concrete surface with water jets shooting from one or more sides in summer in order to provide recreational relief for a minimum of 20 children.
OPEN SPACE. An area that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
OPEN SPACE (PRIVATE). An area labeled as private on a plat of subdivision that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
OPEN SPACE (PUBLIC). An area labeled as public on a plat of subdivision that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
ORNAMENTAL TREE. A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.
OUTLOT. A platted lot which is intended as open space or other use that is held in common ownership by a property owners association or which is transferred to a public agency or utility.
PARCEL. A lot, tract or any other piece of land.
PATHWAYS. May be paved or unpaved, and is physically separated from motorized vehicular traffic by an open space or barrier and is either within the highway right-of-way or within an independent tract or easement. Multi-use path activities may include walking, hiking, jogging, horseback riding, bicycling and roller skating.
PAVILION. A structure found in a common open space area that utilizes a solid floor of concrete material and has a sheltered roof. The structure must provide electrical connections for neighborhood gatherings and be able to accommodate 200 people seated.
PLANNED UNIT DEVELOPMENT. A tract of land developed under the planned development procedure of the County Zoning Ordinance (§
PLAT. A subdivision as it is represented as a formal document by drawing and writing.
PLAT COMMITTEE. The committee of the County Board that has primary authority for reviewing and taking action on subdivision plat applications.
PROPOSING ORDINANCE. An ordinance proposing the establishment of a maintenance special service area which also sets forth a date and form of notice for the SSA hearing
SCREENING. Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind the fencing or evergreen vegetation.
SHADE TREE. Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.
SITE DEVELOPMENT PLAN FOR PERMIT. A plan prepared by a state registered professional engineer that shows the method, control and implementation of erosion measures, storm runoff and/or grading of lands for the construction of improvements and shall be in compliance with the County Zoning Ordinance (see § 9 of the County Zoning Ordinance).
SPECIAL FLOOD HAZARD AREA (SFHA). Any base flood area subject to flooding from a river, creek, intermittent stream, ditch or any other identified channel or ponding, and shown on a flood hazard boundary map or flood insurance rate map as Zone A, A0, A1-30, AE, A99 or AH with existing elevations less than the BFE (base flood elevation).
SPECIAL SERVICE AREA TAX LAW. ILCS Ch. 35, Act 200, §§ 27-5 et seq., as amended from time to time.
SPECIAL USE. A specific use of land or building or both, subject to special provisions and that because of its unique characteristics cannot be properly classified as a permitted use under the County Zoning Ordinance.
STEEP SLOPE. Consist of all land areas with a grade at or exceeding 25%.
STREET. An area that primarily serves or is intended to serve as a vehicular and pedestrian access for the public to abutting land or to other streets. The word STREET refers to the width of the street right-of-way or easement, and will not be considered as the width of the roadway or paving or other improvement on the street right-of-way. The term STREET includes the following commonly used terms AVENUE, ROAD, DRIVE, CIRCLE, LANE, BOULEVARD or WAY.
STREET, PRIVATE. An area that primarily serves or is intended to serve as a vehicular and pedestrian access to abutting land or to other streets that is not and will not be dedicated to public use and that is owned and maintained by the property owners who use it.
SUBDIVIDER. Same as DEVELOPER. The owner, or any other person, firm or corporation, authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.
SUBDIVISION.
(1) The division of a parcel of land into two or more parts, any one of which is less than five acres for the purpose of transfer of ownership or possession, or building development, or any division of land where new easement of access or a new street is created, including, but not be limited to, the MSSA. The term also includes any division of land that attempts to avoid the requirements of this chapter. Where appropriate to the content, the term shall relate to the process of both subdivision and the development of land, to the land subdivided and/or developed, and shall include a resubdivision.
(2) The following shall not be considered a subdivision and shall be exempt from the requirements of this chapter:
(a) A division of land which may be ordered or approved by a court or affected by testamentary or intestate provisions;
(b) Conveyances of land or interest therein for use as right-of-way for railroad or other public utility facilities and other pipelines which do 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 if additional lots are not thereby created, and the land from which the parcel is sold or exchanged is not reduced below the minimum size required by this chapter or other applicable law or ordinance;
(d) The division of land into tracts or parcels of five acres or more in size which does not involve any new streets or easements of access;
(e) The sale is of a single lot of less than five acres from a larger tract, the dimensions and configurations of the larger tract having been determined on October 1, 1973, and no sale prior to this sale of any lot or lots from the larger tract have taken place since October 1, 1973, and a survey of the single lot has been made by a registered land surveyor;
(f) A conveyance made to correct errors in prior conveyances;
(g) 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 public use;
(h) The conveyance of land owned by railroad or other public utility which does not involve any new streets or easements of access; and
(i) 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.
TRAIL. A way designed for and used by equestrians, pedestrians and cyclists using non-motorized bicycles.
TRAIL (PRIVATE). A way designed for and used by equestrians, pedestrians and cyclists using non-motorized bicycles designated as private on the plat of subdivision.
TRAIL (PUBLIC). A way designed for and used by equestrians, pedestrians and cyclists using non-motorized bicycles designated as public on the plat of subdivision.
TREE. A large, woody plant having one of several self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.
TURNAROUND. An area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up.
UNDERSTORY. Assemblages of natural low-level woody, herbaceous and ground cover species that exist in the area below the canopy of the trees.
WETLAND. Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WETLAND, REGULATED. A wetland that is subject to development restrictions imposed by any government agency, including the county.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)