HomeMy WebLinkAboutORDINANCE - 675 - 1/13/1970 - PUBLIC RIGHT OF WAYM�3-ONT IU n
ORDINANCE NO. 675
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE
VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND DUPAGE, 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 Public
Works and Buildings, Division of Highways, have entered into an Agreement rela-
tive to the improvement of (Illinois Rte. 72) Higgins Road, FA Route 173, State
Section 31 -R -Pt -I, 31 -R -Pt. -II (Village Section 11 -CS) from Elmhurst Road to FAI-
Route 90;
and
WHEREAS, in order to facilitate said improvement, it is necessary for the
VILLAGE to adopt an ordinance regulating encroachments on the r.ght of way for said
improvement in accordance with the following definition:
Roadway Right -of -Way is defined as those areas existing or acquired by dedi-
cation 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, STATE, and the United States Bureau of Pub-
lic Roads which will be free of encroachments 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 estab-
lished;
Permissible Encroachment is defined as any existing awning, marquee, adver-
tising sign or similar overhanging structure supported from a building immediately ad-
jacent to the limits of the platted street where there is a sidewalk extending to the
building line and which does not impair the free and safe flow of traffic on the high-
way; the permissive retention of overhanging signs is not to be construed as being
applicable to those signs supported from poles constructed outside the project right-
of-way line and not confined by adjacent buildings;
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Construction Easement Area is defined as that 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, the STATE, and the United States
Bureau of Public Roads have, by visual inspection, cooperatively established pro-
ject right-of-way lines and have mutually determined that no encroachments exist
at the time of improvement;
NOW, THEREFORE, BE IT ORDAINED, by the VILLAGE OF ELK GROVE VILLAGE,
COUNTIES OF COOK and DuPAGE, ILLINOIS: that,
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
(hereinabove defined), except as provided in Section 3, within the limits of the pro-
ject 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 by the plans and
specifications for the improvement.
Section 3: Revocable permits have been issued by the VILLAGE for the temp-
orary retention of the following PERMISSIBLE ENCROACHMENTS (hereinabove defined:
No permits have been issued.
Section 4: This ordinance is intended to and shall. be in addition to all other
ordinances, rules and regulations concerning encroachments and shall not be con-
strued as repealing or rescinding any other ordinance or part of any ordinance unless
in direct conflict therewith.
Section S: Any person, firm or corporation violating this ordinance shall be
fined not less than Ten Dollars _($ 10.00 ) nor more than Two Hundred Dollars
($ 200.00 ) for each offense and a separate offense shall be deemed committed for
each and every day during which a violation continues or exists.
Section 6: This ordinance shall be published One _ time (s) within Ten
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 13 day of January 1970.
ATTEST:
Village President
Village Clerk,,/