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HomeMy WebLinkAboutORDINANCE - 881 - 8/28/1973 - REGULATION ENCROACHMENTORDINANCE NO. 881 AN ORDINANCE REGULATING ENCROACHMENT ON THE PUBLIC RIGHT OF WAY IN THE VILLAGE OF ELK GROVE VILLAGE, COOK AND DU PAGE COUNTIES, STATE OF ILLINOIS WHEREAS, the Village of Elk Grove Village hereinafter known as the Village, and the State of Illinois, acting by and through its Department of Transportation, have entered into an agreement relative to the improve- ment of intersections of Elmhurst Road at Pratt Boulevard and at Greenleaf Avenue in the Village and identified as Section 15 -TL -CS, State Section 3025-N, TOPICS Project T-5003(60); and WHEREAS, in order to facilitate said improvement, it is necessary for the Village to adopt an ordinance regulating encroachments on the right of way for said improvement in accordance with the following definition: ROADWAY RIGHT OF WAY is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; PROJECT RIGHT OF WAY is defined as those areas within the project right-of-way lines established jointly by the Village, Cook County, State and Federal Highway Administration which will be free of en- croachments except as hereinafter defined; ENCROACHMENT is defined as any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained, in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established. PERMISSIBLE ENCROACHMENT is defines as any existing awning marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building lane which does not impair the free and safe flow of traffic on the highway, the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed out- side the project right of way line and not confined by adjacent buildings; CONSTRUCTION EASEMENT AREA_ is defined as the area lying between the project right-of-way limits and the platted street limits within which the Village, by concurrence in the establishment of the project right- of -way lines, will permit the STATE to enter to perform all necessary construction operations; and WHEREAS, representatives of the Village, Cook County, the STATE and the FEDERAL HIGHWAY ADMINISTRATION, have by visual inspection, cooperatively established project right-of-way lines and have mutually determined the disposition of encroachments; NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any ENCROACH- MENT !(herein above defined), within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established. Section 2: This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3: Any person, firm or corporation violating this ordinance shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 4: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 28th day of _ August 197. APPROVED this 28th day of August 1973, VOTE: AYES: 6 _ NAY S:�— ABSENT:—U— Charles J. ZetteK Village President ATTEST: Eleanor G. Turner Village Clerk Published in the Elk Grove Herald this 5th day of September , 1973.