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91_SB0170
LRB9102161DJcd
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. 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
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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.
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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;
8 2. The division of lots or blocks of less than 1 acre in
9 any recorded subdivision which does not involve any new
10 streets or easements of access;
11 3. The sale or exchange of parcels of land between
12 owners of adjoining and contiguous land;
13 4. The conveyance of parcels of land or interests
14 therein for use as a right of way for railroads or other
15 public utility facilities and other pipe lines which does not
16 involve any new streets or easements of access;
17 5. The conveyance of land owned by a railroad or other
18 public utility which does not involve any new streets or
19 easements of access;
20 6. The conveyance of land for highway or other public
21 purposes or grants or conveyances relating to the dedication
22 of land for public use or instruments relating to the
23 vacation of land impressed with a public use;
24 7. Conveyances made to correct descriptions in prior
25 conveyances.
26 8. The sale or exchange of parcels or tracts of land
27 following the division into no more than 2 parts of a
28 particular parcel or tract of land existing on July 17, 1959
29 and not involving any new streets or easements of access.
30 9. The sale of a single lot of less than 5 acres from a
31 larger tract when a survey is made by an Illinois Registered
32 Land Surveyor; provided, that this exemption shall not apply
33 to the sale of any subsequent lots from the same larger tract
34 of land, as determined by the dimensions and configuration of
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1 the larger tract on October 1, 1973, and provided also that
2 this exemption does not invalidate any local requirements
3 applicable to the subdivision of land.
4 Nothing contained within the provisions of this Act shall
5 prevent or preclude individual counties from establishing
6 standards, ordinances, or specifications which reduce the
7 acreage minimum to less than 5 acres, but not less than 2
8 acres, or supplementing the requirements contained herein
9 when a survey is made by an Illinois Registered Land Surveyor
10 and a plat thereof is recorded, under powers granted to them.
11 Nothing contained within the provisions of this Act
12 shall prevent or preclude a municipality from establishing
13 standards, ordinances, or specifications regulating the
14 subdivision of land located within the corporate limits of
15 the municipality or from supplementing the requirements
16 contained in this Act.
17 (c) However, if a plat is made by an Illinois Registered
18 Surveyor of any parcel or tract of land otherwise exempt from
19 the plat provisions of this Act pursuant to subsection (b) of
20 this Section, such plat shall be recorded. It shall not be
21 the responsibility of a recorder of deeds to determine
22 whether the plat has been made or recorded under this
23 subsection (c) prior to accepting a deed for recording.
24 (Source: P.A. 84-373.)