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) Conflicts with deeds and covenants. In case of any conflict between this chapter or part thereof and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply.
(B) Exemptions from provisions. 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;
(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 public use;
(7) Conveyance 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 October 1, 1973 for which an exemption is claimed pursuant to this division (B)(8), 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 division (B)(9) below. If a division is made on or after October 1, 1973 for which an exemption is claimed pursuant to this division (B)(8), 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 in division (B)(9); or
(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.
(Prior Code, § 153.004) (Ord. 06-01-01, passed 1-9-2006) Penalty, see § 153.999