093_HB0494
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. 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.