Full Text of HB5672 96th General Assembly
HB5672 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5672
Introduced 2/9/2010, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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765 ILCS 205/1 |
from Ch. 109, par. 1 |
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Amends the Plat Act. States that "provided the parcels, tracts, or lots created through a division, conveyance, exchange, or sale of land comply with the locally adopted zoning and subdivision ordinance", or "as otherwise provided in" provisions requiring the recording of a plat made by an Illinois Registered Surveyor of a parcel or tract of land that is otherwise exempt from the plat provisions of the Act, the provisions of the Act do not apply and no subdivision plat is required in specified instances. Effective immediately.
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A BILL FOR
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HB5672 |
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LRB096 17208 AJO 35368 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Plat Act is amended by changing Section 1 as | 5 |
| follows:
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| (765 ILCS 205/1) (from Ch. 109, par. 1)
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| 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 must | 10 |
| have it surveyed and a subdivision
plat thereof made by an | 11 |
| Illinois Registered Land Surveyor, which plat must
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| particularly describe and set
forth all public streets, alleys, | 13 |
| ways for public service facilities, ways
for utility services | 14 |
| and community antenna television systems, parks,
playgrounds, | 15 |
| school grounds or other public grounds, and all the tracts,
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| parcels, lots or blocks, and numbering all such lots, blocks or | 17 |
| parcels
by progressive numbers, giving their precise | 18 |
| dimensions. There shall be
submitted simultaneously with the | 19 |
| subdivision plat, a study or studies which
shall show | 20 |
| topographically and by profile the elevation of the land prior
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| to the commencement of any change in elevations as a part of | 22 |
| any phase of
subdividing, and additionally, if it is | 23 |
| contemplated that such elevations,
or the flow of surface water |
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HB5672 |
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LRB096 17208 AJO 35368 b |
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| from such land, will be changed as a result
of any portion of | 2 |
| such subdivision development, then such study or studies
shall | 3 |
| also show such proposed changes in the elevations and the flow | 4 |
| of surface
water from such land. The topographical and profile | 5 |
| studies required hereunder
may be prepared as a subsidiary | 6 |
| study or studies separate from, but of the
same scale and size | 7 |
| as the subdivision plat, and shall be prepared in such
a manner | 8 |
| as will permit the topographical study or studies to be used as
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| overlays to the subdivision plat. The plat must show all | 10 |
| angular and linear
data along the exterior boundaries of the | 11 |
| tract of land divided or subdivided,
the names of all public | 12 |
| streets and the width, course and extent of
all public streets, | 13 |
| alleys and ways for public service facilities. References
must | 14 |
| also be made upon the plat to known and permanent monuments | 15 |
| from which
future survey may be made and the surveyor must, at | 16 |
| the time of making his
survey, set in such manner that they | 17 |
| will not be moved by frost, good and
sufficient monuments | 18 |
| marking the external boundaries of the tract to be
divided or | 19 |
| subdivided and must designate upon the plat the points where
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| they may be found. These monuments must be placed at all | 21 |
| corners, at each
end of all curves, at the point where a curve | 22 |
| changes its radius, at all
angle points in any line and at all | 23 |
| angle points along a meander line, the
points to be not less | 24 |
| than 20 feet back from the normal water elevation
of a lake or | 25 |
| from the bank of a stream, except that when such corners or
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| points fall within a street, or proposed future street, the |
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| monuments must
be placed in the right of way line of the | 2 |
| street. All internal boundaries,
corners and points must be | 3 |
| monumented in the field by like monuments as
defined above. | 4 |
| These monuments 2 of which must be of stone or reinforced
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| concrete and must be set at the opposite extremities of the | 6 |
| property platted,
placed at all block corners, at each end of | 7 |
| all curves, at the points where
a curve changes its radius, and | 8 |
| at all angle points in any line. All lots
must be monumented in | 9 |
| the field with 2 or more monuments.
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| The monuments must be furnished by the person for whom the | 11 |
| survey is made
and must be such that they will not be moved by | 12 |
| frost. If any city, village
or town has adopted an official | 13 |
| plan, or part thereof, in the manner prescribed
by law, the | 14 |
| plat of land situated within the area affected thereby must
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| conform to the official plan, or part thereof.
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| (b) Provided the parcels, tracts, or lots created through a | 17 |
| division, conveyance, exchange, or sale of land comply with the | 18 |
| locally adopted zoning and subdivision ordinance, or Except as | 19 |
| otherwise provided in subsection (c) of this Section, the
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| provisions of this Act do not apply and no subdivision plat
is | 21 |
| required in any of the following instances:
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| 1. The division or subdivision of land into parcels or | 23 |
| tracts of 5 acres
or more in size which does not involve any | 24 |
| new streets or easements of access;
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| 2. The division of lots or blocks of less than 1 acre in | 26 |
| any recorded
subdivision which does not involve any new streets |
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| or easements of access;
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| 3. The sale or exchange of parcels of land between owners | 3 |
| of adjoining
and contiguous land;
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| 4. The conveyance of parcels of land or interests therein | 5 |
| for use as a
right of way for railroads or other public utility | 6 |
| facilities and other
pipe lines which does not involve any new | 7 |
| streets or easements of access;
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| 5. The conveyance of land owned by a railroad or other | 9 |
| public utility
which does not involve any new streets or | 10 |
| easements of access;
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| 6. The conveyance of land for highway or other public | 12 |
| purposes or grants
or conveyances relating to the dedication of | 13 |
| land for public use or instruments
relating to the vacation of | 14 |
| land impressed with a public use;
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| 7. Conveyances made to correct descriptions in prior | 16 |
| conveyances.
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| 8. The sale or exchange of parcels or tracts of land | 18 |
| following the division
into no more than 2 parts of a | 19 |
| particular parcel or tract of land existing
on July 17, 1959 | 20 |
| and not involving any new streets or easements of access.
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| 9. The sale of a single lot of less than 5 acres from a | 22 |
| larger tract when
a survey is made by an Illinois Registered | 23 |
| Land Surveyor; provided, that
this exemption shall not apply to | 24 |
| the sale of
any subsequent lots from the same larger tract of | 25 |
| land, as determined by
the dimensions and configuration of the | 26 |
| larger tract on October 1, 1973,
and provided also that this |
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| exemption does not invalidate any local
requirements | 2 |
| applicable to the subdivision of land. | 3 |
| 10. The preparation of a plat for wind energy devices under | 4 |
| Section 10-620 of the Property Tax Code.
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| Nothing contained within the provisions of this Act shall | 6 |
| prevent or
preclude individual counties from establishing | 7 |
| standards, ordinances, or
specifications which reduce the | 8 |
| acreage minimum to less than 5 acres, but
not less than 2 | 9 |
| acres, or supplementing the requirements contained herein
when | 10 |
| a survey is made by an Illinois Registered Land Surveyor and a | 11 |
| plat
thereof is recorded, under powers granted to them.
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| (c) However, if a plat is made by an Illinois Registered | 13 |
| Surveyor of
any parcel or tract of land otherwise exempt from | 14 |
| the plat provisions of
this Act pursuant to subsection (b) of | 15 |
| this Section, such plat shall be
recorded. It shall not be the | 16 |
| responsibility of a recorder of deeds to
determine whether the | 17 |
| plat has been made or recorded under this subsection (c)
prior | 18 |
| to accepting a deed for recording.
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| (Source: P.A. 95-644, eff. 10-12-07.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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