The rules and definitions contained in this section shall be observed and applied in the interpretation of all other provisions herein, except when the context clearly indicates otherwise.
Words used in the present tense shall include the future; and words used in the singular number shall include the plural number and the plural the singular.
The word "shall" is mandatory and not discretionary; the word "may" is permissive.
As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ALLEY: A minor right of way which is used primarily for vehicular access to the back or side of properties abutting upon a street.
AS-BUILT DRAWINGS: A set of final plans reflecting the actual constructed conditions or improvements on the property approved by the village and certified by a registered professional engineer that actual construction is in substantial conformance with the village approved final plans.
BUILDING LINE: A line within a lot so designated on the plat of the proposed subdivision, between which line and any street line upon which the lot abuts the erection of a building is prohibited.
CROSSWALKWAY: A strip of land dedicated to public use which is reserved across a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC: A street having one open end and being permanently terminated by a vehicle turnaround.
EASEMENT: A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.
INTERSECTION, STREET: The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area with which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two (2) roadways thirty feet (30') or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty feet (30') or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.
LOT: A building site shown on a plat of subdivision recorded with the appropriate county office and identifiable by reference to said plat of subdivision rather than by metes and bounds.
LOT, FLAG: An "L" shaped lot meeting less than forty percent (40%) of the lot width requirements at the front lot line per the respective zoning district.
PARCEL: Refers broadly to a lot, tract or any other piece of land.
PLAT: A map, drawing or chart on which the subdivider's plans of the subdivision are presented and which he submits for approval first in preliminary, then in final, form.
ROADWAY OR ROAD: The paved area existing on the street right of way and not the street right of way width.
STREET: An area which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets. The word "street" refers to the width of the street right of way or easement, whether public or private, and shall not be considered as the width of the roadway or paving or other improvement on the street right of way.
STREET, LOCAL: A street intended primarily as access to abutting properties.
STREET, MAJOR: A street designed to serve as a major traffic artery for movement of vehicles through the village or between various parts of the village.
STREET, MARGINAL ACCESS: A local street which is parallel and adjacent to thoroughfare streets and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the primary streets and expressways.
STREET, SECONDARY TO COLLECTOR STREETS: A street which is used to carry traffic from local thoroughfare streets.
SUBDIVISION: The division of land in two (2) or more parcels for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, easements for public service facilities, parks, playgrounds, school grounds or other public grounds.
The following shall not be considered a subdivision and shall be exempt from the requirements of this title:
A. The division of land for agricultural purposes into parcels of five (5) acres or more in size which does not involve any new streets or easements of access.
B. The conveyance of parcels of land or interest therein for use as right of way for railroads or other public utility facilities which does not involve any new streets or easements of access.
C. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.
D. 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.
E. Conveyances made to correct descriptions in prior conveyances.
F. The sale or exchange of parcels of land between owners of adjoining and contiguous land.
G. The division of a lot in a recorded subdivision into separate parcels, each of which shall contain one single- family attached dwelling unit developed pursuant to an approved final plan and plat of planned unit development or final plan of regional planned unit development, for the purpose of transferring ownership, which does not involve any new streets or easements of access. (1976 Code §§16-25, 16-26, 16-28, 16-29; amd. Ord. 91-12, 4-11-1991; Ord. 98-22, 4-23-1998; Ord. 2001-35, 6-28-2001; Ord. 2007-16, 4-5-2007)