(765 ILCS 205/2) (from Ch. 109, par. 2)
Sec. 2.
The plat must be completed, a statement from a Registered Land
Surveyor attached and acknowledged by the owner of the land, or his
attorney duly authorized, in the same manner as deeds of land are required
to be acknowledged. The plat must be submitted to the city council of the
city or board of trustees of the village or town or to the officer
designated by them, for their or his approval, if the land subdivided is
located within the corporate limits of any such city, village or town or
within contiguous territory which is affected by an official plan, or part
thereof, of any city, village or town. If the land subdivided is located
outside the corporate limits of any city, village or town and is not
affected by such official plan, or part thereof, the plat must be
submitted to the county board of the county in which the land is located
for its approval. Within 3 business days after a plat is submitted for
approval, the city council, board of trustees, designated officer, or
county board shall notify the president of the school board of each school
district in which any of the subdivided land is located that the plat has
been submitted for approval and that it is available for inspection. The
notice shall also give the date, time, and place of the hearing on approval
or disapproval of the plat. The notice shall be served by certified mail,
return receipt requested, or by personal delivery. Failure to notify the
school board as required by this Section does not invalidate the plat.
Neither the city council of the city, the board of
trustees of the village or town or the officer designated by them, or
the county board of the county shall approve such plat, unless, in
addition to any other requirements of such council, board of trustees or
county board or the officer or officers designated by them, the
topographical and profile studies to be submitted with the subdivision
plat have on their face the signed statement of a Registered Professional
Engineer, and the owner of the land or his duly authorized attorney, to
the effect that to the best of their knowledge and belief the drainage
of surface waters will not be changed by the construction of such
subdivision or any part thereof, or, that if such surface water drainage
will be changed, reasonable provision has been made for collection and
diversion of such surface waters into public areas, or drains which the
subdivider has a right to use, and that such surface waters will be planned
for in accordance with generally accepted engineering practices so as to
reduce the likelihood of damage to the adjoining property because of the
construction of the subdivision. The topographical and profile
studies required herein shall not be recorded, but shall be retained and
filed by city, village or county to which submitted for approval of the
subdivision plat, as permanent public documents.
Neither the city council of the city, the board of trustees of the
village or town or the officer designated by them, or the county board of
the county shall approve such plat, unless, in addition to any other
requirements of such council, board of trustees or county board or the
officer or officers designated by them, the plat has been approved in
writing (i) except in municipalities with a population of 1,000,000 or
more, by the Illinois Department of Transportation with respect to
roadway access where such access is to a state highway, (ii) by the
relevant local highway authority with respect to all other roadway access,
and (iii) by the local health department, if one exists, with respect to
sewage disposal systems if any part of the platted land will not be served
by a public sewer system. An applicant shall simultaneously file with
the Illinois Department of Transportation, relevant local highway
authority, or local health department, as appropriate, a copy of the
application for preliminary approval of a proposed plat that is filed with
the municipality or county. The department or authority receiving the
application shall review the application based solely upon safety or access
control standards and provide written approval or disapproval to the
municipal or county plan commission and to the municipal or county
corporate authorities not later than 90 days from the date the application
is received. The 90 day period may be changed by mutual agreement. If
disapproved, the department or authority shall provide reasons for the
disapproval related to safety or access control standards and identify
improvements that will remove the disapproval. The municipal or county
corporate authorities may approve the plat once the improvements have been
incorporated into the application or in the event that the department or
authority fails to respond in writing to the municipality or county within
the 90 day period or other period established by mutual agreement. The
failure of the city council of a municipality with a population of
1,000,000 or more to obtain approval of a plat in writing by the Illinois
Department of Transportation with respect to roadway access where such
access is to a State highway, prior to the approval of any such plat as
required by this Section, where such failure occurred on or after January
1, 1988 and before the effective date of this amendatory Act of 1989, shall
not affect the validity of such plat, and any such plat otherwise complying
with the provisions of this Section is validated.
The statement of the Registered Land Surveyor and of
acknowledgment, together with the plat, must be recorded by the Land
Surveyor who prepared the plat, or a person designated by that Land
Surveyor, or upon the death, incapacity, or absence of that Land Surveyor,
by the owner of the land or his or her representative, in the
recorder's office of the county in which the land is situated, or if the
title to the land is registered under the Land Titles Act, must be filed
in the office of the registrar of titles for the county, and such
acknowledgment and recording or such acknowledgment and filing as
aforesaid, shall have like effect and certified copies thereof and of
such plat, or of any plat heretofore acknowledged and certified
according to law, may be used in evidence to the same extent and with
like effect, as in case of deeds. The recorder or registrar of
titles shall not record or register a plat offered for recording or
registration after October 1, 1977, unless such plat is at least 8 1/2
inches by 14 inches but not more than 30 inches by 36 inches. In
counties of 1,000,000 or more population the recorder or the
registrar of titles must not record or register the plat unless the
persons submitting the plat for recording or registration simultaneously
therewith deliver to the recorder or registrar of titles 6 true
and exact copies thereof. In all counties, the recorder or registrar of
titles shall not record or register a plat, unless the plat states the
current mailing address of the person submitting the plat for recording or
registration. Any changes to the unrecorded plat as may be desired or
required by any party must be made by the Registered Land Surveyor who
prepared the original plat, and in the event of the death, incapacity, or
absence of that Land Surveyor, by another Registered Land Surveyor who
shall specifically identify the change or changes made on the face of the plat.
An original plat, having been properly certified, acknowledged, approved
and recorded or filed as above provided in this Section, may be retained as
the permanent record by the recorder or registrar.
(Source: P.A. 86-284; 86-768; 86-1028; 86-1238; 86-1349; 86-1475; 87-705.)
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