It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the Village of Sherman to subdivide land into lots, blocks, streets, alleys, or public open space unless by plat in accordance with the laws of the State of Illinois and the provisions of this title. It shall be unlawful to divide land without obtaining tract survey approval, when required.
A. The provisions of this title shall not apply, except as noted with respect to tract surveys, and no plat is required in any of the following instances:
1. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access;
2. The division of lots or blocks less than one acre in any recorded subdivision which does not involve any new streets, easements of access or drainage and utility easements;
3. The sale or exchange of parcels of land between owners of adjoining and contiguous land where the transfer results in the same number of parcels;
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 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 (2) 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 subsection (A)(8), and the division results in one part being greater than five (5) acres and the other part being less than five (5) acres, then the subsequent division of the part greater than five (5) acres shall qualify for the exemption set forth in subsection (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 subsection (A)(8), and the division results in one part being greater than five (5) acres and the other part being less than five (5) acres then the subsequent division of the part greater than five (5) acres shall not qualify for the exemption set forth in subsection (A)(9);
9. The sale of a single tract less than five (5) acres from a tract of five (5) acres or larger when a survey is made by a registered land 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. For the purpose of this subsection (A)(9), if a tract of five (5) acres or greater existed prior to 10-1-73, its division on or after 10-1-73 into two (2) parts, each of which is less than five (5) acres, shall nevertheless qualify for the exemption set forth in this subsection (A)(9).
B. A tract survey shall be required for a division or subdivision of land for which no plat is required under subsection (A) for exceptions (1), (2), (3), (8) and (9). A survey may not be required if the resulting parcel is ten (10) acres or more and can be described as a fractional part in increments of quarter or half sections. A survey may also not be required under (A)(3) if the conveyance can be described by lineal feet of road frontage or lot line and with the portion perpendicular to the frontage being parallel to the common lot. (Ord. 2017-4, 3-21-2017)