093_SB0157sam001











                                     LRB093 06360 DRJ 11516 a

 1                    AMENDMENT TO SENATE BILL 157

 2        AMENDMENT NO.     .  Amend Senate Bill 157  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Plat Act is amended by changing Section
 5    1 as follows:

 6        (765 ILCS 205/1) (from Ch. 109, par. 1)
 7        Sec.   1.  (a)  Except   as   otherwise    provided    in
 8    subparagraph  (b)  of this Section whenever the owner of land
 9    subdivides it into 2 or more parts, any of which is less than
10    5 acres, he must have it  surveyed  and  a  subdivision  plat
11    thereof  made  by an Illinois Registered Land Surveyor, which
12    plat must particularly describe  and  set  forth  all  public
13    streets, alleys, ways for public service facilities, ways for
14    utility  services  and  community antenna television systems,
15    parks, playgrounds, school grounds or other  public  grounds,
16    and  all  the  tracts, parcels, lots or blocks, and numbering
17    all such lots, blocks  or  parcels  by  progressive  numbers,
18    giving  their  precise  dimensions.  There shall be submitted
19    simultaneously with the subdivision plat, a study or  studies
20    which shall show topographically and by profile the elevation
21    of  the  land  prior  to  the  commencement  of any change in
22    elevations as  a  part  of  any  phase  of  subdividing,  and
 
                            -2-      LRB093 06360 DRJ 11516 a
 1    additionally,  if it is contemplated that such elevations, or
 2    the flow of surface water from such land, will be changed  as
 3    a result of any portion of such subdivision development, then
 4    such  study  or studies shall also show such proposed changes
 5    in the elevations and the flow of  surface  water  from  such
 6    land.   The   topographical   and  profile  studies  required
 7    hereunder may be prepared as a subsidiary  study  or  studies
 8    separate  from,  but  of  the  same  scale  and  size  as the
 9    subdivision plat, and shall be prepared in such a  manner  as
10    will  permit the topographical study or studies to be used as
11    overlays to the subdivision plat.  The  plat  must  show  all
12    angular  and linear data along the exterior boundaries of the
13    tract of land divided or subdivided, the names of all  public
14    streets  and  the  width,  course  and  extent  of all public
15    streets, alleys  and  ways  for  public  service  facilities.
16    References  must  also  be  made  upon  the plat to known and
17    permanent monuments from which future survey may be made  and
18    the  surveyor  must, at the time of making his survey, set in
19    such manner that they will not be moved by  frost,  good  and
20    sufficient  monuments  marking the external boundaries of the
21    tract to be divided or subdivided and must designate upon the
22    plat the points where they may be found. These monuments must
23    be placed at all corners, at each end of all curves,  at  the
24    point  where  a curve changes its radius, at all angle points
25    in any line and at all angle points along a meander line, the
26    points to be not less than 20 feet back from the normal water
27    elevation of a lake or from the bank of a stream, except that
28    when such corners or points fall within a street, or proposed
29    future street, the monuments must be placed in the  right  of
30    way  line of the street. All internal boundaries, corners and
31    points must be monumented in the field by like  monuments  as
32    defined  above.  The  county in which the land is located may
33    require that the surveyor provide geodetic survey  horizontal
34    control  values  for  a  minimum of 2 opposing corners of the
 
                            -3-      LRB093 06360 DRJ 11516 a
 1    subdivision  that  are  permanently  monumented.   Horizontal
 2    control  values  must be provided in the Illinois State Plane
 3    Coordinate System in the zone as defined by each  county  and
 4    referenced  on  the  plat.  Each county may specify levels of
 5    positional accuracy for the horizontal control values of  the
 6    subdivision  corners  to  be  measured by the surveyor; State
 7    standards, when developed, shall determine  those  levels  of
 8    accuracy. The county may also require vertical control values
 9    referenced  to  a statewide datum for a minimum of 2 opposing
10    corners of the subdivision that are  permanently  monumented.
11    These  monuments  2  of  which must be of stone or reinforced
12    concrete and must be set at the opposite extremities  of  the
13    property platted, placed at all block corners, at each end of
14    all  curves,  at the points where a curve changes its radius,
15    and at all angle  points  in  any  line.  All  lots  must  be
16    monumented in the field with 2 or more monuments.
17        The  monuments  must  be furnished by the person for whom
18    the survey is made and must be such that  they  will  not  be
19    moved  by  frost. If any city, village or town has adopted an
20    official plan, or part thereof, in the manner  prescribed  by
21    law,  the  plat  of  land  situated  within the area affected
22    thereby must conform to the official plan, or part thereof.
23        (b)  Except  as  provided  in  subsection  (c)  of   this
24    Section,  the  provisions  of  this  Act  do not apply and no
25    subdivision  plat  is  required  in  any  of  the   following
26    instances:
27             1.  The division or subdivision of land into parcels
28        or  tracts  of  5  acres  or  more in size which does not
29        involve any new streets or easements of access.;
30             2.  The division of lots or blocks of  less  than  1
31        acre  in  any recorded subdivision which does not involve
32        any new streets or easements of access.;
33             3.  The sale or exchange of parcels of land  between
34        owners of adjoining and contiguous land.;
 
                            -4-      LRB093 06360 DRJ 11516 a
 1             4.  The  conveyance  of parcels of land or interests
 2        therein for use as a right of way for railroads or  other
 3        public utility facilities and other pipe lines which does
 4        not involve any new streets or easements of access.;
 5             5.  The  conveyance  of  land owned by a railroad or
 6        other public utility  which  does  not  involve  any  new
 7        streets or easements of access.;
 8             6.  The  conveyance  of  land  for  highway or other
 9        public purposes or grants or conveyances relating to  the
10        dedication of land for public use or instruments relating
11        to the vacation of land impressed with a public use.;
12             7.  Conveyances  made  to  correct  descriptions  in
13        prior conveyances.
14             8.  The  sale  or  exchange  of parcels or tracts of
15        land following the division into no more than 2 parts  of
16        a particular parcel or tract of land existing on July 17,
17        1959  and  not  involving any new streets or easements of
18        access.
19             9.  The sale of a single lot of less  than  5  acres
20        from  a larger tract when a survey is made by an Illinois
21        Registered Land Surveyor; provided, that  this  exemption
22        shall  not  apply to the sale of any subsequent lots from
23        the same larger tract  of  land,  as  determined  by  the
24        dimensions  and  configuration  of  the  larger  tract on
25        October 1, 1973, and provided also  that  this  exemption
26        does  not invalidate any local requirements applicable to
27        the subdivision of land.
28        Nothing contained within the provisions of this Act shall
29    prevent or preclude  individual  counties  from  establishing
30    standards,  ordinances,  or  specifications  which reduce the
31    acreage minimum to less than 5 acres, but  not  less  than  2
32    acres,  or  supplementing  the  requirements contained herein
33    when a survey is made by an Illinois Registered Land Surveyor
34    and a plat thereof is recorded, under powers granted to them.
 
                            -5-      LRB093 06360 DRJ 11516 a
 1        (c)  However, if a plat is made by an Illinois Registered
 2    Surveyor of any parcel or tract of land otherwise exempt from
 3    the plat provisions of this Act pursuant to subsection (b) of
 4    this Section, such plat shall be recorded.  It shall  not  be
 5    the  responsibility  of  a  recorder  of  deeds  to determine
 6    whether the  plat  has  been  made  or  recorded  under  this
 7    subsection (c) prior to accepting a deed for recording.
 8    (Source: P.A. 84-373.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.".