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It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the village to subdivide land into lots, blocks, streets, alleys, or public open space unless by plat in accordance with the laws of the state and the provisions of this chapter. It shall be unlawful to divide land without obtaining tract survey approval, when required.
(A) The provisions of this chapter shall not apply, except as noted with respect to tract surveys, and no plat is required in any of the following instances (Plats Act, 765 ILCS 205/0.01 et seq.)
(1) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access, including but not limited to the division of a single lot to form a zero lot line duplex, as that term is defined in § 158.004 of this code, subject to the following additional requirements:
(a) The tract survey shall show that duplex structure is or shall be bisected by the lot line, and each dwelling unit is or shall be located exclusively on one lot, except for a party wall which is bisected by the lot line;
(b) A party wall agreement or other appropriate covenant, perpetual in duration and running with the land, has been recorded with the Recorder of Deeds of Sangamon County with respect to both lots, or will be recorded contemporaneously with the tract survey, which provides for the perpetual maintenance of the party wall and reconstruction of the structure in event of fire or casualty, and a copy of such party wall agreement or other appropriate covenant has been provided to and approved by the Plat Officer of the village;
(c) The tract survey includes on its face the recording information for the party wall agreement and other covenants;
(d) A lot which has been subdivided into two lots pursuant to this division (A)(2) shall not be further subdivided;
(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land except where the transfer results in the creation of another buildable lot;
(4) The conveyance of parcels of land or interests therein for the use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access;
(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
(6) The conveyance of land owned for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
(7) Conveyances made to correct descriptions in prior conveyances;
(8) The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access. If a division is made prior to 10-1-73 for which an exemption is claimed pursuant to this subdivision, and the division results in one part being greater than five acres and the other part being less than five acres, then the subsequent division of the part greater than five acres shall qualify for the exemption set forth in subdivision (A)(9) of this section. If a division is made on or after 10-1-73 for which an exemption is claimed pursuant to this subdivision, and the division results in one part being greater than five acres and the other part being less than five acres then the subsequent division of the part greater than five acres shall not qualify for the exemption set forth subdivision (A)(9).
(9) The sale of a single lot less than five acres from a tract of five acres or larger when a survey is made by a registered surveyor; provided, however, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided that this exemption does not invalidate any other local requirements applicable to the subdivision of the land.
(10) The division of a lot of record as of August 10, 1993, if the new lots created by such division, together with any structures existing as of the date of the division, meet all requirements of the Zoning Ordinance for the Village of Chatham with respect to the Zoning District in which such new lots are located, and not involving any new streets or easements of access. Provided, however, that this exemption shall not apply to the further division of any lots created thereby.
(Ord. 94-01, passed 1-25-94; Am. Ord. 12-06, passed 2-28-12) Penalty, see § 155.999