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M�3-ONT IU n <br />ORDINANCE NO. 675 <br />AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE <br />VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND DUPAGE, ILLINOIS <br />WHEREAS, the VILLAGE OF ELK GROVE VILLAGE hereinafter known as the <br />VILLAGE, and the State of Illinois, acting by and through its Department of Public <br />Works and Buildings, Division of Highways, have entered into an Agreement rela- <br />tive to the improvement of (Illinois Rte. 72) Higgins Road, FA Route 173, State <br />Section 31 -R -Pt -I, 31 -R -Pt. -II (Village Section 11 -CS) from Elmhurst Road to FAI- <br />Route 90; <br />and <br />WHEREAS, in order to facilitate said improvement, it is necessary for the <br />VILLAGE to adopt an ordinance regulating encroachments on the r.ght of way for said <br />improvement in accordance with the following definition: <br />Roadway Right -of -Way is defined as those areas existing or acquired by dedi- <br />cation or by fee simple for highway purposes; also, the areas acquired by temporary <br />easement during the time the easement is in effect; <br />Project Right -of -Way is defined as those areas within the project right of way <br />lines established jointly by the VILLAGE, STATE, and the United States Bureau of Pub- <br />lic Roads which will be free of encroachments except as hereinafter defined; <br />Encroachment is defined as any building, fence, sign or any other structure or <br />object of any kind (with the exception of utilities and public road signs) which is <br />placed, located or maintained in, on, under or over any portion of the project right-of- <br />way or the roadway right -of --way where no project right-of-way line has been estab- <br />lished; <br />Permissible Encroachment is defined as any existing awning, marquee, adver- <br />tising sign or similar overhanging structure supported from a building immediately ad- <br />jacent to the limits of the platted street where there is a sidewalk extending to the <br />building line and which does not impair the free and safe flow of traffic on the high- <br />way; the permissive retention of overhanging signs is not to be construed as being <br />applicable to those signs supported from poles constructed outside the project right- <br />of-way line and not confined by adjacent buildings; <br />