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HomeMy WebLinkAboutORDINANCE - 3378 - 5/13/2014 - ABOVE GROUND UTILITY DISTRIBUTIONORDINANCE NO. 3378 AN ORDINANCE AMENDING TITLE 8 CHAPTER 8 OF THE ELK GROVE VILLAGE MUNICIPAL CODE BY PROHIBITING THE INSTALLATION OF ABOVE GROUND UTILITY DISTRIBUTION LINES ALONG BUSSE ROAD AND ELMHURST ROAD AND PROVIDING FOR THE COST OF ADDITIONAL DISTRIBUTION LINES WHEREAS, the Village is a home rule unit pursuant to subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, a substantial portion of Busse and Elmhurst Roads are located within a designated Tax Increment Financing (TIF) District; and WHEREAS, the dollars generated by the TIF District will be utilized to enhance the vitality of the Industrial Park; and WHEREAS, work being done in the subject area as part of the TIF District is being done to further the objectives of the Elk Grove Village ICRC Master Plan; and WHEREAS, the prohibition of the installation of overhead utilities is within the guidelines set forth in the Elk Grove Village ICRC Master Plan in order to improve the aesthetics of the Busse Road and Elmhurst Road corridors; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 8, Engineering, Building and Community Development, Section 8-8-9-15 F Distribution Lines Installed Above Ground be amended by changing the itle to read 8-8-9-15 F Location of Distribution Lines and adding to said section the following: 8-8-9-15 P. 4. — Prohibition — Notwithstanding the provisions of paragraphs 1 — 3, no permanent or temporary overhead distribution lines shall be permitted to be installed at any location along Busse Road or Elmhurst Road. 8-8-9-15 f.5. — Additional Distribution Lines — Any additional permanent or temporary distribution lines shall be installed below ground at the expense of the customer or the property owner as the case may be. Section 2: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13`h day of May 2014. APPROVED this 13`h day of May 2014. APPROVED: Moor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk ORDprohibi[overheadutdities