97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2090

 

Introduced 2/22/2011, by Rep. Jason Barickman

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 205/1  from Ch. 109, par. 1

    Amends the Plat Act. Provides that the subdivision plat filing exemptions do not invalidate or otherwise excuse compliance with any local requirements applicable to the subdivision of land, except as to exemptions pertaining to conveyances by a railroad or a public utility, for highways or other public purposes, or made to correct a prior conveyance. Deletes language concerning the subdivision plat filing exemption for the sale of a lot under 5 acres which states that this exemption does not invalidate any local requirements applicable to the subdivision of land.


LRB097 05429 AJO 45487 b

 

 

A BILL FOR

 

HB2090LRB097 05429 AJO 45487 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Plat Act is amended by changing Section 1 as
5follows:
 
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
9into 2 or more parts, any of which is less than 5 acres, he must
10have it surveyed and a subdivision plat thereof made by an
11Illinois Registered Land Surveyor, which plat must
12particularly describe and set forth all public streets, alleys,
13ways for public service facilities, ways for utility services
14and community antenna television systems, parks, playgrounds,
15school grounds or other public grounds, and all the tracts,
16parcels, lots or blocks, and numbering all such lots, blocks or
17parcels by progressive numbers, giving their precise
18dimensions. There shall be submitted simultaneously with the
19subdivision plat, a study or studies which shall show
20topographically and by profile the elevation of the land prior
21to the commencement of any change in elevations as a part of
22any phase of subdividing, and additionally, if it is
23contemplated that such elevations, or the flow of surface water

 

 

HB2090- 2 -LRB097 05429 AJO 45487 b

1from such land, will be changed as a result of any portion of
2such subdivision development, then such study or studies shall
3also show such proposed changes in the elevations and the flow
4of surface water from such land. The topographical and profile
5studies required hereunder may be prepared as a subsidiary
6study or studies separate from, but of the same scale and size
7as the subdivision plat, and shall be prepared in such a manner
8as will permit the topographical study or studies to be used as
9overlays to the subdivision plat. The plat must show all
10angular and linear data along the exterior boundaries of the
11tract of land divided or subdivided, the names of all public
12streets and the width, course and extent of all public streets,
13alleys and ways for public service facilities. References must
14also be made upon the plat to known and permanent monuments
15from which future survey may be made and the surveyor must, at
16the time of making his survey, set in such manner that they
17will not be moved by frost, good and sufficient monuments
18marking the external boundaries of the tract to be divided or
19subdivided and must designate upon the plat the points where
20they may be found. These monuments must be placed at all
21corners, at each end of all curves, at the point where a curve
22changes its radius, at all angle points in any line and at all
23angle points along a meander line, the points to be not less
24than 20 feet back from the normal water elevation of a lake or
25from the bank of a stream, except that when such corners or
26points fall within a street, or proposed future street, the

 

 

HB2090- 3 -LRB097 05429 AJO 45487 b

1monuments must be placed in the right of way line of the
2street. All internal boundaries, corners and points must be
3monumented in the field by like monuments as defined above.
4These monuments 2 of which must be of stone or reinforced
5concrete and must be set at the opposite extremities of the
6property platted, placed at all block corners, at each end of
7all curves, at the points where a curve changes its radius, and
8at all angle points in any line. All lots must be monumented in
9the field with 2 or more monuments.
10    The monuments must be furnished by the person for whom the
11survey is made and must be such that they will not be moved by
12frost. If any city, village or town has adopted an official
13plan, or part thereof, in the manner prescribed by law, the
14plat of land situated within the area affected thereby must
15conform to the official plan, or part thereof.
16    (b) Except as provided in subsection (c) of this Section,
17the provisions of this Act do not apply and no subdivision plat
18is required in any of the following instances:
19    1. The division or subdivision of land into parcels or
20tracts of 5 acres or more in size which does not involve any
21new streets or easements of access;
22    2. The division of lots or blocks of less than 1 acre in
23any recorded subdivision which does not involve any new streets
24or easements of access;
25    3. The sale or exchange of parcels of land between owners
26of adjoining and contiguous land;

 

 

HB2090- 4 -LRB097 05429 AJO 45487 b

1    4. The conveyance of parcels of land or interests therein
2for use as a right of way for railroads or other public utility
3facilities and other pipe lines which does not involve any new
4streets or easements of access;
5    5. The conveyance of land owned by a railroad or other
6public utility which does not involve any new streets or
7easements of access;
8    6. The conveyance of land for highway or other public
9purposes or grants or conveyances relating to the dedication of
10land for public use or instruments relating to the vacation of
11land impressed with a public use;
12    7. Conveyances made to correct descriptions in prior
13conveyances.
14    8. The sale or exchange of parcels or tracts of land
15following the division into no more than 2 parts of a
16particular parcel or tract of land existing on July 17, 1959
17and not involving any new streets or easements of access.
18    9. The sale of a single lot of less than 5 acres from a
19larger tract when a survey is made by an Illinois Registered
20Land Surveyor; provided, that this exemption shall not apply to
21the sale of any subsequent lots from the same larger tract of
22land, as determined by the dimensions and configuration of the
23larger tract on October 1, 1973, and provided also that this
24exemption does not invalidate any local requirements
25applicable to the subdivision of land.
26    10. The preparation of a plat for wind energy devices under

 

 

HB2090- 5 -LRB097 05429 AJO 45487 b

1Section 10-620 of the Property Tax Code.
2    Except for exemptions 5, 6, and 7, these exemptions do not
3invalidate or otherwise excuse compliance with any local
4requirements applicable to the subdivision of land.
5    Nothing contained within the provisions of this Act shall
6prevent or preclude individual counties from establishing
7standards, ordinances, or specifications which reduce the
8acreage minimum to less than 5 acres, but not less than 2
9acres, or supplementing the requirements contained herein when
10a survey is made by an Illinois Registered Land Surveyor and a
11plat thereof is recorded, under powers granted to them.
12    (c) However, if a plat is made by an Illinois Registered
13Surveyor of any parcel or tract of land otherwise exempt from
14the plat provisions of this Act pursuant to subsection (b) of
15this Section, such plat shall be recorded. It shall not be the
16responsibility of a recorder of deeds to determine whether the
17plat has been made or recorded under this subsection (c) prior
18to accepting a deed for recording.
19(Source: P.A. 95-644, eff. 10-12-07.)