093_SB0157

 
                                     LRB093 06360 DRJ 06479 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.  The
32    county may also require vertical control values referenced to
33    a  statewide datum for a minimum of 2 opposing corners of the
34    subdivision that are permanently monumented. These  monuments
 
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 1    2  of  which must be of stone or reinforced concrete and must
 2    be set at the opposite extremities of the  property  platted,
 3    placed  at  all  block corners, at each end of all curves, at
 4    the points where a curve changes its radius, and at all angle
 5    points in any line. All lots must be monumented in the  field
 6    with 2 or more monuments.
 7        The  monuments  must  be furnished by the person for whom
 8    the survey is made and must be such that  they  will  not  be
 9    moved  by  frost. If any city, village or town has adopted an
10    official plan, or part thereof, in the manner  prescribed  by
11    law,  the  plat  of  land  situated  within the area affected
12    thereby must conform to the official plan, or part thereof.
13        (b)  Except  as  provided  in  subsection  (c)  of   this
14    Section,  the  provisions  of  this  Act  do not apply and no
15    subdivision  plat  is  required  in  any  of  the   following
16    instances:
17             1.  The division or subdivision of land into parcels
18        or  tracts  of  5  acres  or  more in size which does not
19        involve any  new  streets  or  easements  of  access  and
20        provided also that this exemption does not invalidate any
21        local  requirements  applicable  to  the  subdivision  of
22        land.;
23             2.  The  division  of  lots or blocks of less than 1
24        acre in any recorded subdivision which does  not  involve
25        any  new streets or easements of access and provided also
26        that  this  exemption  does  not  invalidate  any   local
27        requirements applicable to the subdivision of land.;
28             3.  The  sale or exchange of parcels of land between
29        owners of adjoining and contiguous land.;
30             4.  The conveyance of parcels of land  or  interests
31        therein  for use as a right of way for railroads or other
32        public utility facilities and other pipe lines which does
33        not involve any new streets or easements of access.;
34             5.  The conveyance of land owned by  a  railroad  or
 
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 1        other  public  utility  which  does  not  involve any new
 2        streets or easements of access.;
 3             6.  The conveyance of  land  for  highway  or  other
 4        public  purposes or grants or conveyances relating to the
 5        dedication of land for public use or instruments relating
 6        to the vacation of land impressed with a public use.;
 7             7.  Conveyances  made  to  correct  descriptions  in
 8        prior conveyances.
 9             8.  The sale or exchange of  parcels  or  tracts  of
10        land  following the division into no more than 2 parts of
11        a particular parcel or tract of land existing on July 17,
12        1959 and not involving any new streets  or  easements  of
13        access  and  provided  also  that this exemption does not
14        invalidate  any  local  requirements  applicable  to  the
15        subdivision of land.
16             9.  The sale of a single lot of less  than  5  acres
17        from a larger tract that does not involve any new streets
18        or  easements  of  access,  when  a  survey is made by an
19        Illinois Registered Land Surveyor;  provided,  that  this
20        exemption  shall  not apply to the sale of any subsequent
21        lots from the same larger tract of land, as determined by
22        the dimensions and configuration of the larger  tract  on
23        October  1,  1973,  and provided also that this exemption
24        does not invalidate any local requirements applicable  to
25        the subdivision of land.
26        Nothing contained within the provisions of this Act shall
27    prevent  or  preclude  individual  counties from establishing
28    standards, ordinances, or  specifications  which  reduce  the
29    acreage  minimum  to  less  than 5 acres, but not less than 2
30    acres, or supplementing  the  requirements  contained  herein
31    when a survey is made by an Illinois Registered Land Surveyor
32    and a plat thereof is recorded, under powers granted to them.
33        For  purposes  of  this  subsection  (b),  the  term "new
34    streets  or  easements  of  access"  means  any  streets   or
 
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 1    easements  of  access  established  specifically  to  provide
 2    access   to   parcels  created  pursuant  to  the  exemptions
 3    contained in this subsection.
 4        (c)  However, if a plat is made by an Illinois Registered
 5    Surveyor of any parcel or tract of land otherwise exempt from
 6    the plat provisions of this Act pursuant to subsection (b) of
 7    this Section, such plat shall be recorded.  It shall  not  be
 8    the  responsibility  of  a  recorder  of  deeds  to determine
 9    whether the  plat  has  been  made  or  recorded  under  this
10    subsection (c) prior to accepting a deed for recording.
11    (Source: P.A. 84-373.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.