§ 22-5. Definitions.

When used in this chapter, the following terms shall have the definitions herein ascribed to them:

Abut means to touch, to lie immediately next, to share a common wall or lot line, or to be separated by only a street, alley or drainage course.

Adjacent means to lie near, close to or in the vicinity.

Annual fee ordinance means the ordinance of the village adopted pursuant to section 1-19 of the Libertyville Municipal Code setting forth applicable fees and charges for various, licenses, permits and services.

Block means a tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines, waterways or boundary lines of the village.

Board of trustees means the president and board of trustees of the village.

Developer means any person who undertakes the "subdivision" or "developer" of land, as those terms are defined in this chapter, including without limitation all record owners and beneficial owners of the property that is the subject of the subdivision or development.

Development means:

(1)

Any of the following actions that are not included within the definition of, and governed by the regulations applicable to, a "subdivision" as that term is defined in this chapter: Any change, rearrangement or resubdivision in the boundary or divisional lines of any parcel or parcels of real estate, or the creation of, or change to or rearrangement of the boundaries of, any public street;

(2)

Construction of a new building or structure having a floor area in excess of five hundred (500) square feet, other than one (1) single-family dwelling unit;

(3)

Expansion by more than twenty-five (25) percent of an existing structure to which this chapter would apply if the structure were being constructed new; or

(4)

Construction on any parcel of land that will create more than three (3) parking spaces.

Any development that also is defined as a "subdivision" as that term is defined in this chapter, and that is governed by the regulations applicable to a subdivision, shall be regulated as a subdivision for purposes of this chapter.

Easement means authorization by a property owner for the use by another, for a specified purpose, of any designated area of that property owner's property. The term "easement" also refers to such a designated area.

Engineering plans means complete plans, specifications and analyses governing the design and construction of all required public improvements, including without limitation streets, sidewalks, sewer systems, water distribution and supply systems, lighting systems and landscaping.

Improvement, public means any facility necessary in the determination of the village to provide a parcel with access to a public right-of-way or with utility service of any kind or with water, sanitary sewage treatment or disposal, stormwater control or drainage, or other necessary public service, including, but not limited to, any street, alley, public way, way for public service facilities, storm and flood water run-off system, storm sewer, channel, basin, sanitary sewer, septic system, water main, public grounds, sidewalk, planting strip, landscaping, off-street parking area.

Outlot means a parcel of land which is intended for a public or quasi-public purpose, including open space, conservation, storm water detention, utility facilities, or other similar use. An outlot shall not be required to meet the minimum lot dimension requirements established by the Village of Libertyville Zoning Code or Subdivision Code. An outlot may not be created for the purpose of changing or preserving the bulk, space, and yard regulations of an adjacent parcel.

Person means any individual, firm, corporation, partnership, joint venture, trust, trustee, estate, association or other similar legal entity and any agent thereof.

Plan commission means the Libertyville Plan Commission.

Plat officer means the village administrator or his or her duly authorized delegate or delegates.

Public improvement. See "improvement, public."

Requirements of law means all applicable federal, state and village laws, statutes, codes, ordinances, resolutions, rules and regulations, and written administrative policies of the village, including without limitation all village design standards.

Right-of-way means a strip of land occupied or intended to be occupied by a street or sidewalk or related facilities, railroad, electric line, oil or gas pipeline, water main, sanitary or storm sewer or communications line or for other special uses.

Street means a public or private right-of-way that affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or throughway or however otherwise designated.

Street, private means a street situated within an outlot or private easement, not dedicated to or maintained by the village or any other government agency.

Street, public means a street located within a public right-of-way dedicated to or maintained by the village or any other governmental agency.

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

Subdivision means all of the following divisions, rearrangements or developments of land:

(1)

Any change, rearrangement or resubdivision in the boundary or divisional lines of any parcel or parcels of real estate, or the creation of, or change to or rearrangement of the boundaries of, any public street;

(2)

The platting of a parcel or tract of land into a single numbered lot without alteration of its boundaries; or

(3)

Any planned development, as that term is defined by the Libertyville Zoning Code;

provided, however, that the requirements of this chapter applicable to subdivisions shall not apply in the following instances:

(1)

The subdivision of land into parcels of five (5) acres or more in size that does not involve any new street or easement of access.

(2)

The division of lots or blocks of less than one (1) acre in any recorded subdivision which does not involve any new street or easement of access.

(3)

The sale or exchange of parcels of land between owners of abutting land.

(4)

Any subdivision that will not result in the creation of any additional buildable lot or parcel of land.

(5)

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.

(6)

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 on July 17, 1959, and not involving any new streets or easements of access.

(7)

The sale of a single lot of less than five (5) acres from a larger tract when a survey is made by a state registered surveyor; provided, however, 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 on October 1, 1973.

Village means the Village of Libertyville, Illinois.

Village administrator means the village administrator of the Village of Libertyville or his or her duly authorized delegate or delegates.

Village design standards means all codes, ordinances, regulations and written administrative policies and orders of the village, as they may be supplemented and amended from time to time, establishing standards and specifications for construction in the village, including without limitation construction of public improvements as part of a subdivision or development.

Village engineer means the village engineer of the Village of Libertyville or his or her duly authorized delegate or delegates.

(Ord. No. 96-0-14, § 2(22-104), 3-14-96; Ord. No. 98-O-65, § 2, 8-11-98)

Cross reference

Definitions and rules of construction generally, § 1-2.