093_HB0494eng

 
HB0494 Engrossed                     LRB093 06359 DRJ 06478 b

 1        AN ACT concerning plats.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Plat Act is amended by changing Section 1
 5    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
23    additionally, if it is contemplated that such elevations,  or
24    the  flow of surface water from such land, will be changed as
25    a result of any portion of such subdivision development, then
26    such study or studies shall also show such  proposed  changes
27    in  the  elevations  and  the flow of surface water from such
28    land.  The  topographical  and   profile   studies   required
29    hereunder  may  be  prepared as a subsidiary study or studies
30    separate from,  but  of  the  same  scale  and  size  as  the
31    subdivision  plat,  and shall be prepared in such a manner as
 
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 1    will permit the topographical study or studies to be used  as
 2    overlays  to  the  subdivision  plat.  The plat must show all
 3    angular and linear data along the exterior boundaries of  the
 4    tract  of land divided or subdivided, the names of all public
 5    streets and the  width,  course  and  extent  of  all  public
 6    streets,  alleys  and  ways  for  public  service facilities.
 7    References must also be made  upon  the  plat  to  known  and
 8    permanent  monuments from which future survey may be made and
 9    the surveyor must, at the time of making his survey,  set  in
10    such  manner  that  they will not be moved by frost, good and
11    sufficient monuments marking the external boundaries  of  the
12    tract to be divided or subdivided and must designate upon the
13    plat the points where they may be found. These monuments must
14    be  placed  at all corners, at each end of all curves, at the
15    point where a curve changes its radius, at all  angle  points
16    in any line and at all angle points along a meander line, the
17    points to be not less than 20 feet back from the normal water
18    elevation of a lake or from the bank of a stream, except that
19    when such corners or points fall within a street, or proposed
20    future  street,  the monuments must be placed in the right of
21    way line of the street. All internal boundaries, corners  and
22    points  must  be monumented in the field by like monuments as
23    defined above. The county in which the land  is  located  may
24    require  that the surveyor provide geodetic survey horizontal
25    control values for a minimum of 2  opposing  corners  of  the
26    subdivision   that  are  permanently  monumented.  Horizontal
27    control values must be provided in the Illinois  State  Plane
28    Coordinate  System  in the zone as defined by each county and
29    referenced on the plat. Each county  may  specify  levels  of
30    positional  accuracy for the horizontal control values of the
31    subdivision corners to be measured  by  the  surveyor;  State
32    standards,  when  developed,  shall determine those levels of
33    accuracy. The county may also require vertical control values
34    referenced to a statewide datum for a minimum of  2  opposing
 
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 1    corners  of  the subdivision that are permanently monumented.
 2    These monuments 2 of which must be  of  stone  or  reinforced
 3    concrete  and  must be set at the opposite extremities of the
 4    property platted, placed at all block corners, at each end of
 5    all curves, at the points where a curve changes  its  radius,
 6    and  at  all  angle  points  in  any  line.  All lots must be
 7    monumented in the field with 2 or more monuments.
 8        The monuments must be furnished by the  person  for  whom
 9    the  survey  is  made  and must be such that they will not be
10    moved by frost. If any city, village or town has  adopted  an
11    official  plan,  or part thereof, in the manner prescribed by
12    law, the plat of  land  situated  within  the  area  affected
13    thereby must conform to the official plan, or part thereof.
14        (b)  Except   as  provided  in  subsection  (c)  of  this
15    Section, the provisions of this  Act  do  not  apply  and  no
16    subdivision   plat  is  required  in  any  of  the  following
17    instances:
18             1.  The division or subdivision of land into parcels
19        or tracts of 5 acres or  more  in  size  which  does  not
20        involve any new streets or easements of access.;
21             2.  The  division  of  lots or blocks of less than 1
22        acre in any recorded subdivision which does  not  involve
23        any new streets or easements of access.;
24             3.  The  sale or exchange of parcels of land between
25        owners of adjoining and contiguous land.;
26             4.  The conveyance of parcels of land  or  interests
27        therein  for use as a right of way for railroads or other
28        public utility facilities and other pipe lines which does
29        not involve any new streets or easements of access.;
30             5.  The conveyance of land owned by  a  railroad  or
31        other  public  utility  which  does  not  involve any new
32        streets or easements of access.;
33             6.  The conveyance of  land  for  highway  or  other
34        public  purposes or grants or conveyances relating to the
 
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 1        dedication of land for public use or instruments relating
 2        to the vacation of land impressed with a public use.;
 3             7.  Conveyances  made  to  correct  descriptions  in
 4        prior conveyances.
 5             8.  The sale or exchange of  parcels  or  tracts  of
 6        land  following the division into no more than 2 parts of
 7        a particular parcel or tract of land existing on July 17,
 8        1959 and not involving any new streets  or  easements  of
 9        access.
10             9.  The  sale  of  a single lot of less than 5 acres
11        from a larger tract when a survey is made by an  Illinois
12        Registered  Land  Surveyor; provided, that this exemption
13        shall not apply to the sale of any subsequent  lots  from
14        the  same  larger  tract  of  land,  as determined by the
15        dimensions and  configuration  of  the  larger  tract  on
16        October  1,  1973,  and provided also that this exemption
17        does not invalidate any local requirements applicable  to
18        the subdivision of land.
19        Nothing contained within the provisions of this Act shall
20    prevent  or  preclude  individual  counties from establishing
21    standards, ordinances, or  specifications  which  reduce  the
22    acreage  minimum  to  less  than 5 acres, but not less than 2
23    acres, or supplementing  the  requirements  contained  herein
24    when a survey is made by an Illinois Registered Land Surveyor
25    and a plat thereof is recorded, under powers granted to them.
26        (c)  However, if a plat is made by an Illinois Registered
27    Surveyor of any parcel or tract of land otherwise exempt from
28    the plat provisions of this Act pursuant to subsection (b) of
29    this  Section,  such plat shall be recorded.  It shall not be
30    the responsibility  of  a  recorder  of  deeds  to  determine
31    whether  the  plat  has  been  made  or  recorded  under this
32    subsection (c) prior to accepting a deed for recording.
33    (Source: P.A. 84-373.)
 
HB0494 Engrossed            -5-      LRB093 06359 DRJ 06478 b
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.