State of Illinois
92nd General Assembly
Legislation

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92_HB4051

 
                                               LRB9211593LDtm

 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 subparagraph
 8    (b) of this Section whenever the owner of land subdivides  it
 9    into  2  or more parts, any of which is less than 5 acres, he
10    must have it surveyed and a subdivision plat thereof made  by
11    an   Illinois  Registered  Land  Surveyor,  which  plat  must
12    particularly describe  and  set  forth  all  public  streets,
13    alleys,  ways for public service facilities, ways for utility
14    services and community  antenna  television  systems,  parks,
15    playgrounds,  school grounds or other public grounds, and all
16    the tracts, parcels, lots or blocks, and numbering  all  such
17    lots,  blocks or parcels by progressive numbers, giving their
18    precise dimensions. There shall be  submitted  simultaneously
19    with  the  subdivision  plat,  a study or studies which shall
20    show topographically and by profile the elevation of the land
21    prior to the commencement of any change in  elevations  as  a
22    part  of any phase of subdividing, and additionally, if it is
23    contemplated that such elevations, or  the  flow  of  surface
24    water  from  such  land,  will  be changed as a result of any
25    portion of such subdivision development, then such  study  or
26    studies   shall  also  show  such  proposed  changes  in  the
27    elevations and the flow of surface water from such land.  The
28    topographical  and  profile studies required hereunder may be
29    prepared as a subsidiary study or studies separate from,  but
30    of the same scale and size as the subdivision plat, and shall
31    be prepared in such a manner as will permit the topographical
 
                            -2-                LRB9211593LDtm
 1    study  or  studies  to be used as overlays to the subdivision
 2    plat. The plat must show all angular and  linear  data  along
 3    the  exterior  boundaries  of  the  tract  of land divided or
 4    subdivided, the names of all public streets  and  the  width,
 5    course  and extent of all public streets, alleys and ways for
 6    public service facilities. References must also be made  upon
 7    the  plat  to known and permanent monuments from which future
 8    survey may be made and the surveyor  must,  at  the  time  of
 9    making  his  survey, set in such manner that they will not be
10    moved by frost, good and  sufficient  monuments  marking  the
11    external  boundaries of the tract to be divided or subdivided
12    and must designate upon the plat the points where they may be
13    found. These monuments must be placed at all corners, at each
14    end of all curves, at the point where  a  curve  changes  its
15    radius,  at  all  angle  points  in any line and at all angle
16    points along a meander line, the points to be not  less  than
17    20  feet  back  from  the normal water elevation of a lake or
18    from the bank of a stream, except that when such  corners  or
19    points  fall  within a street, or proposed future street, the
20    monuments must be placed in the right  of  way  line  of  the
21    street.  All  internal boundaries, corners and points must be
22    monumented in the field by like monuments as  defined  above.
23    These  monuments  2  of  which must be of stone or reinforced
24    concrete and must be set at the opposite extremities  of  the
25    property platted, placed at all block corners, at each end of
26    all  curves,  at the points where a curve changes its radius,
27    and at all angle  points  in  any  line.  All  lots  must  be
28    monumented in the field with 2 or more monuments.
29        The  monuments  must  be furnished by the person for whom
30    the survey is made and must be such that  they  will  not  be
31    moved  by  frost. If any city, village or town has adopted an
32    official plan, or part thereof, in the manner  prescribed  by
33    law,  the  plat  of  land  situated  within the area affected
34    thereby must conform to the official plan, or part thereof.
 
                            -3-                LRB9211593LDtm
 1        (b)  Except  as  provided  in  subsection  (c)  of   this
 2    Section,  the  provisions  of  this  Act  do not apply and no
 3    subdivision  plat  is  required  in  any  of  the   following
 4    instances:
 5        1.  The  division  or subdivision of land into parcels or
 6    tracts of 5 acres or more in size which does not involve  any
 7    new  streets  or  easements  of access and provided also that
 8    this exemption does not  invalidate  any  local  requirements
 9    applicable to the subdivision of land.;
10        2.  The division of lots or blocks of less than 1 acre in
11    any  recorded  subdivision  which  does  not  involve any new
12    streets or easements of access and provided  also  that  this
13    exemption   does   not   invalidate  any  local  requirements
14    applicable to the subdivision of land.;
15        3.  The sale or  exchange  of  parcels  of  land  between
16    owners of adjoining and contiguous land.;
17        4.  The  conveyance  of  parcels  of  land  or  interests
18    therein  for  use  as  a  right of way for railroads or other
19    public utility facilities and other pipe lines which does not
20    involve any new streets or easements of access.;
21        5.  The conveyance of land owned by a railroad  or  other
22    public  utility  which  does  not  involve any new streets or
23    easements of access.;
24        6.  The conveyance of land for highway  or  other  public
25    purposes  or grants or conveyances relating to the dedication
26    of land  for  public  use  or  instruments  relating  to  the
27    vacation of land impressed with a public use.;
28        7.  Conveyances  made  to  correct  descriptions in prior
29    conveyances.
30        8.  The sale or exchange of parcels  or  tracts  of  land
31    following  the  division  into  no  more  than  2  parts of a
32    particular parcel or tract of land existing on July 17,  1959
33    and  not involving any new streets or easements of access and
34    provided also that this exemption  does  not  invalidate  any
 
                            -4-                LRB9211593LDtm
 1    local requirements applicable to the subdivision of land.
 2        9.  The  sale of a single lot of less than 5 acres from a
 3    larger tract  that  does  not  involve  any  new  streets  or
 4    easements  of  access,  when  a survey is made by an Illinois
 5    Registered Land Surveyor; provided, that this exemption shall
 6    not apply to the sale of any subsequent lots  from  the  same
 7    larger  tract  of  land,  as determined by the dimensions and
 8    configuration of the larger tract on  October  1,  1973,  and
 9    provided  also  that  this  exemption does not invalidate any
10    local requirements applicable to the subdivision of land.
11        Nothing contained within the provisions of this Act shall
12    prevent or preclude  individual  counties  from  establishing
13    standards,  ordinances,  or  specifications  which reduce the
14    acreage minimum to less than 5 acres, but  not  less  than  2
15    acres,  or  supplementing  the  requirements contained herein
16    when a survey is made by an Illinois Registered Land Surveyor
17    and a plat thereof is recorded, under powers granted to them.
18        For purposes  of  this  subsection  (b),  the  term  "new
19    streets   or  easements  of  access"  means  any  streets  or
20    easements  of  access  established  specifically  to  provide
21    access  to  parcels  created  pursuant  to   the   exemptions
22    contained in this subsection.
23        (c)  However, if a plat is made by an Illinois Registered
24    Surveyor of any parcel or tract of land otherwise exempt from
25    the plat provisions of this Act pursuant to subsection (b) of
26    this  Section,  such plat shall be recorded.  It shall not be
27    the responsibility  of  a  recorder  of  deeds  to  determine
28    whether  the  plat  has  been  made  or  recorded  under this
29    subsection (c) prior to accepting a deed for recording.
30    (Source: P.A. 84-373.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

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