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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB0231
765 ILCS 205/1 from Ch. 109, par. 1
Amends the Plat Act. Requires that plats of subdivided
land indicate the school district in which each tract,
parcel, lot, or block lies. Effective immediately.
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LRB9001506NTsb
1 AN ACT to amend the Plat Act by changing Section 1.
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. The plat must also indicate the school
19 district in which each tract, parcel, lot, or block lies.
20 There shall be submitted simultaneously with the subdivision
21 plat, a study or studies which shall show topographically and
22 by profile the elevation of the land prior to the
23 commencement of any change in elevations as a part of any
24 phase of subdividing, and additionally, if it is contemplated
25 that such elevations, or the flow of surface water from such
26 land, will be changed as a result of any portion of such
27 subdivision development, then such study or studies shall
28 also show such proposed changes in the elevations and the
29 flow of surface water from such land. The topographical and
30 profile studies required hereunder may be prepared as a
31 subsidiary study or studies separate from, but of the same
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1 scale and size as the subdivision plat, and shall be prepared
2 in such a manner as will permit the topographical study or
3 studies to be used as overlays to the subdivision plat. The
4 plat must show all angular and linear data along the exterior
5 boundaries of the tract of land divided or subdivided, the
6 names of all public streets and the width, course and extent
7 of all public streets, alleys and ways for public service
8 facilities. References must also be made upon the plat to
9 known and permanent monuments from which future survey may be
10 made and the surveyor must, at the time of making his survey,
11 set in such manner that they will not be moved by frost, good
12 and sufficient monuments marking the external boundaries of
13 the tract to be divided or subdivided and must designate upon
14 the plat the points where they may be found. These monuments
15 must be placed at all corners, at each end of all curves, at
16 the point where a curve changes its radius, at all angle
17 points in any line and at all angle points along a meander
18 line, the points to be not less than 20 feet back from the
19 normal water elevation of a lake or from the bank of a
20 stream, except that when such corners or points fall within a
21 street, or proposed future street, the monuments must be
22 placed in the right of way line of the street. All internal
23 boundaries, corners and points must be monumented in the
24 field by like monuments as defined above. These monuments 2
25 of which must be of stone or reinforced concrete and must be
26 set at the opposite extremities of the property platted,
27 placed at all block corners, at each end of all curves, at
28 the points where a curve changes its radius, and at all angle
29 points in any line. All lots must be monumented in the field
30 with 2 or more monuments.
31 The monuments must be furnished by the person for whom
32 the survey is made and must be such that they will not be
33 moved by frost. If any city, village or town has adopted an
34 official plan, or part thereof, in the manner prescribed by
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1 law, the plat of land situated within the area affected
2 thereby must conform to the official plan, or part thereof.
3 (b) Except as provided in subsection (c) of this
4 Section, the provisions of this Act do not apply and no
5 subdivision plat is required in any of the following
6 instances:
7 1. The division or subdivision of land into parcels or
8 tracts of 5 acres or more in size which does not involve any
9 new streets or easements of access;
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;
13 3. The sale or exchange of parcels of land between
14 owners of adjoining and contiguous land;
15 4. The conveyance of parcels of land or interests
16 therein for use as a right of way for railroads or other
17 public utility facilities and other pipe lines which does not
18 involve any new streets or easements of access;
19 5. The conveyance of land owned by a railroad or other
20 public utility which does not involve any new streets or
21 easements of access;
22 6. The conveyance of land for highway or other public
23 purposes or grants or conveyances relating to the dedication
24 of land for public use or instruments relating to the
25 vacation of land impressed with a public use;
26 7. Conveyances made to correct descriptions in prior
27 conveyances.
28 8. The sale or exchange of parcels or tracts of land
29 following the division into no more than 2 parts of a
30 particular parcel or tract of land existing on July 17, 1959
31 and not involving any new streets or easements of access.
32 9. The sale of a single lot of less than 5 acres from a
33 larger tract when a survey is made by an Illinois Registered
34 Land Surveyor; provided, that this exemption shall not apply
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1 to the sale of any subsequent lots from the same larger tract
2 of land, as determined by the dimensions and configuration of
3 the larger tract on October 1, 1973, and provided also that
4 this exemption does not invalidate any local requirements
5 applicable to the subdivision of land.
6 Nothing contained within the provisions of this Act shall
7 prevent or preclude individual counties from establishing
8 standards, ordinances, or specifications which reduce the
9 acreage minimum to less than 5 acres, but not less than 2
10 acres, or supplementing the requirements contained herein
11 when a survey is made by an Illinois Registered Land Surveyor
12 and a plat thereof is recorded, under powers granted to them.
13 (c) However, if a plat is made by an Illinois Registered
14 Surveyor of any parcel or tract of land otherwise exempt from
15 the plat provisions of this Act pursuant to subsection (b) of
16 this Section, such plat shall be recorded. It shall not be
17 the responsibility of a recorder of deeds to determine
18 whether the plat has been made or recorded under this
19 subsection (c) prior to accepting a deed for recording.
20 (Source: P.A. 84-373.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.