HomeMy WebLinkAboutORDINANCE - 890 - 10/23/1973 - REGULATING ENCROACHMENTORDINANCE NO. 890
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT OF WAY IN THE VILLAGE OF ELK GROVE
DUPAGE COUNTY, ILLINOIS
WHEREAS, the village of Elk. Grove 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 improvement of Illinois Route 83, (F.A. Route 102)
Section (540-1) R&T, from Woodland Avenue to Devon Avenue; and
WHEREAS, in order to facilitate said improvement, it is
necessary for the VILLAGE to adopt an ordinance regulating encroach-
ments on the right of way for said improvement in accordance with
the following definition:
Road;:ay Right of ;gay is defined as those areas existing
or acquired by dedication or by fee simple for highway
purposes; also, the areas acquired by temporary ease-
ment during the time the easement is 'in effect;
Project Right of Way is defined as thcse areas within the
project right-of-way lines established jointly by the
VILLAGE, STATE and the Federal Highway Administration,
which will be free of encroachments, 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.
Construction Easement area is defined as the area lying
between the project right -o£ -way limits and the platted
street limits within the VILLAGE, by concurrence in the
establishment of the project right-of-way lines, will
permit the STATE to enter to perform all necessary con-
struction operations; and,
WHEREAS, representatives of the VILLAGE, the STATE, and the
Federal Highway Administration will, by visual inspection,
cooperatively establish project right-of-way lines and mutua'l'ly
determine the disposition of encroachments;
NOW, THEREFORE, BE IT ORDAINED, by the Village of Elk Grove,
DuPage County, Illinois:
a
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 ENCROACHMENT (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: Project right-of-way lines have been established
at the following locations:
S E E P L A N S
Section 3: 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 rescind-
ing any other ordinance or part of any ordinance unless in direct
conflict therewith.
Section n: Any person, firm or corporation violating this
ordinance shall be fined not less than Ten Dollars ($10.00) nor
more than Two Hundred Dollars ($200.;,0) for each offense, and a
separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
Section 5: This ordinance shall be published I
time(s) within 10 days after its passage in a newspaper having a
general circulation in the Village of Elk Grove Village
Illinois, and shall be in full force and effect after its passage, ,
publication and approval as provided by law.
Passed and approved this
day of October
23rd
(President) Charles J. Zettek
ATTEST:
Eleanor G. Turner
Clerk.
Published in the Elk Grove Herald this 31st day of October, 1973.
19 73.
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