§ 16.04.140. Definitions.

For the purpose of this title and in order to carry out its provisions and intentions, certain words, terms and phrases shall be deemed to have the meaning ascribed to them in this article, except when the context clearly requires otherwise.

Words used in the present tense shall include the future tense. Words in the singular number include the plural number, the words in the plural number include the singular number. The word "shall" is mandatory and not directory.

"Alley" means a way which affords only a secondary means of access to abutting property.

"Block" means a tract of land bounded by streets or a combination of streets and other public land uses and rights-of-way, shorelines of waterways or corporate limits of the village.

"Bond" means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the village board as a necessary part of the subdivision process outlined in this title.

"Building" means any structure erected for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.

"Comprehensive plan" means the official document including, but not limited to, plans concerning land use, capital improvements, utilities and thoroughfares, and the official map as adopted by the village board in accordance with the Illinois Revised Statutes.

"Construction plan" means the set of maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of this title as a condition of the approval of the plat.

"Cul-de-sac" means a residential street with only one outlet and entrance and having an appropriate terminal for the safe and convenient reversal of traffic movement.

"Design standards" means the minimum public improvement construction standards or physical specifications as adopted in this title by the village.

"Developer" means the owner or other person with financial interest in the form of an option to purchase the land to be subdivided, or the representative of either.

"Easement" means an authorization by a property owner for the use of a designated part of his or her property for a specific purpose by another party, including the village.

"Escrow" means a deposit of cash with a local bank or other lending institution in an amount equal to the cost of construction of public improvements in a subdivision in lieu of an equally valued performance bond, plus ten percent. Escrow funds act as security to assure the faithful and diligent performance of the subdivider in the installation, in a satisfactory manner, the public improvements prescribed for subdivisions in this title.

"Final plat" means the map or plat of a subdivision which is submitted for approval from village board for recording as having met the requirements of this title and state law.

"Frontage" means the length of the front property line of the lot, lots or tract of land abutting a public street, road, highway or rural right-of-way or property line ordinarily regarded as the front of the lot but shall not be considered the ordinary site of a corner lot. On cul-de-sacs or curvilinear streets the frontage shall be measured at the building set-back line.

"Frontage road" means a road or way constructed substantially parallel to a thoroughfare or collector for the purpose allowing access to such thoroughfares or collector at relatively few points to facilitate traffic flow and provide greater safety.

"Grade" means the slope of a road, street or other public right-of-way specified in percent and indicated on street profiles plans as required by this title.

"Lot" means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building improvements.

"Lot improvement" means any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment.

Lot, Through. "Through lot" means a lot which has two parallel frontage lines abutting two public streets and which is not a corner lot.

"Owner" means any person, group of persons, firm(s), corporation(s) or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under this title.

"Parkway" means a broad street or road with a dividing strip or side strip planted with grass, trees or other landscape herbage. A parkway shall mean a boulevard.

"Pedestrian walkthrough" means a paved surface of at least five feet in width placed approximately in the center of residential blocks as required by this title.

"Perimeter street" means any existing street to which the parcel of land to be subdivided abuts only one side.

"Planning commission" means the planning commission of Metamora as appointed to office by the president and village board of trustees of the village of Metamora charged with duties outlined in this title.

"Plat" means the map, whether preliminary or final, which is prepared by a registered land surveyor describing thereon all public streets, alleys, way for public service facilities, parks, playgrounds, schoolgrounds or other public grounds and all tracts, parcels, lots and/or blocks by location, precise size and sequential numbering. The plat shall be accompanied by supportive data and certificates and be prepared in a manner as required by this title and the Illinois Revised Statutes. The term "plat" shall include all plans and specifications for any improvements or development whether or not such improvements are related to the division of land into two or more parcels; provided, however, that the term "plat" does not include plans and specifications for single-family residences or buildings constructed for agricultural purposes on land zoned and utilized for agricultural purposes.

"Plat officer" means the person appointed by the village board as the administrative assistant to various boards and commissions including the planning commission and assigned to administering these regulations. In the event no such post is filled, another officer may be charged with the duties of administering this title.

"Preliminary plat" means the map or plat described in this title indicating the proposed manner or layout of the subdivision to be submitted to the planning commission and village board for recommendation and approval, respectively, but which cannot be recorded.

"Public improvement" means any drainage ditch, roadway or street, parkway, sidewalk, walkway, tree, lawn, off-street parking area, curb and gutter, lot improvements, sewer, water, paving or other facilities for which the village may ultimately assume the responsibility of maintenance and operation, or which may affect an improvement for which the village's responsibility is established and which have been properly bonded in accordance with procedures contained in this title.

"Resubdivision" means a change in an approved or recorded subdivision plat if such change affects any street layout on such plat or area reserved thereon for public use, or any lot line; or if it affects any plat legally recorded prior to the adoption of any regulations controlling subdivisions.

"Right-of-way" means a strip of land occupied or intended to be occupied by a road, sidewalk, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or for other special uses. The usage of the term "right-of-way" for land patting purposes shall mean that every right-of-way hereafter established and shown on a recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, any not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, sidewalks, water mains, sanitary sewer, storm sewers or any other uses involving future 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.

"Rural residential subdivision" means any subdivision which meets all of the following criteria:

1.

Contains a minimum of ten lots;

2.

The lots have an average minimum area of thirty-two thousand six hundred seventy square feet;

3.

No lot has an area of less than twenty-one thousand seven hundred eighty square feet;

4.

The median size of the lots is no less than thirty-two thousand six hundred seventy square feet;

5.

The minimum frontage of each lot at the right-of-way line is one hundred feet, except that lots with the majority of their frontage on a cul-de-sac may have a minimum frontage at the right-of-way line of fifty feet.

"Setback" means the distance between a building and the street right-of-way line nearest thereto.

"Sidewalk" means that portion of a public right-of-way, paved or otherwise improved which is intended for pedestrian use only.

"Sketch plat" means that which shows in simple form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plat does not require formal application.

"Street" means a road or way which is the paved portion of a public or private right-of-way which affords a primary means of vehicular access to abutting properties whether designated as a street, avenue, highway, road, boulevard, lane, throughway or however otherwise designated and which is at least twenty-six feet wide.

Street, Collector. "Collector street" means a road or street intended to move traffic from residential streets to thoroughfares.

Street, Residential. "Residential street" means a street or roadway, urban or rural, of limited continuity used primarily for access to abutting properties.

"Street width" means the shortest distance between the backs of parallel curbs or outer parallel limits of the paved portion of the street.

"Subdivider" means any person who: (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision.

"Subdivision" means a subdivision shall include any of the following:

1.

The division of any land, vacant or improved, into two or more lots, parcels, units, plots or interests, regardless of whether or not a plat is required by the Plat Act found at 765 ILCS 205/0.01 et seq., and regardless of whether such division is accomplished by deed, metes and bounds descriptions, devise, intestacy, lease, map, plat or other instrument, recorded or unrecorded,

2.

Any planned development or planned unit development, whether residential, commercial or otherwise in nature,

3.

Any condominium development,

4.

Any multi-family residential development,

5.

Any other development, whether or not the division of land is involved, regardless of whether the development is labelled as a subdivision, it being the intent of this title to apply to all types of developments within the village and within areas lying within one and one-half miles of the corporate limits of the village.

"Subdivision agent" means any person who represents, or acts for or on behalf of, a subdivider or developer in selling, leasing, or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.

"Thoroughfare" means a street or road designed to carry traffic up to maximum allowable speeds for the purpose of primarily moving traffic through the village rather than within it. Thoroughfares included the three types described in Chapter 16.16.

"Village board" means the board of trustees of the village of Metamora, Illinois.

"Village engineer" means the professional person or firm who possesses the educational credentials according to applicable state law and who is registered and licensed in the state of Illinois to provide technical assistance in the field of civil engineering in contractual or other agreement with the village of Metamora.

"Zoning ordinance" means the zoning regulations of the village, as amended.

(Subdivision Ordinance dated 6-3-2003 § 1-14)