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S-796 - 01/24/1995 - STREETS - Ordinances ORDINANCE 95-ST-S-796 AN ORDINANCE ESTABLISHING THE POLICY OF THE VILLAGE OF OAK BROOK WITH RESPECT TO PRIVATE STREETS AND ROADS IN THE VILLAGE WHEREAS, the Village President and Board of Trustees of the Village of Oak Brook (the "Board" ) have determined that it is necessary and appropriate to establish policies concerning requirements for and procedures regarding control and maintenance of private streets and roads ("private streets" ) in the Village; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That it is the policy of the Board that it will generally discourage plans or plats for or improvements of any future developments in the Village, and especially residential developments, which include private streets which might reasonably be considered public streets by the general public. Section 2: That if the Board approves plans or plats for any future development in the Village which includes private streets which might be considered public streets by the general public, such streets shall be constructed in accordance with all standards and requirements of the Village which have or may be established by ordinance or regulation for public streets. Section 3: That if the Village staff issues a permit for any improvements for future development in the Village which includes private streets which might be considered public streets by the general public, such streets shall be constructed in accordance with all standards and requirements of the Village which have or may be established by ordinance or regulation for public streets. Section 4: That in cases where private streets are approved or provided pursuant to Section 2 or Section 3 hereof, street signs or markers designating such streets shall clearly state that such street is a private street and shall be installed at private expense. Section 5: That in the case of existing private streets where only traffic enforcement is desired, the Board may authorize contracts for traffic enforcement on such private roads and parking areas pursuant to the authority granted in the Illinois Vehicle Code, 625 ILCS 5/11-209.1, provided that: Ordinance 95-ST-S-796 Establishing the Policy With Respect to Private Streets and Roads Page 2 (a) the owner or owners association of the development requests in writing that the Village contract to provide traffic enforcement for its private streets and parking areas; and (b) the Village Manager and Chief of Police determine, upon their independent investigations, that the private streets and parking areas can be efficiently and effectively patrolled by the Village if such contract were entered into; and (c) the Board has the final authority, pursuant to any contract, to establish reasonable traffic regulations and the costs for enforcing such regulations for the private streets and parking areas concerned; and (d) the contract conforms to applicable law. Section 6: That the Board will consider acceptance of dedication of existing residential private streets in the Village if: (a) each street proposed to be dedicated serves at least five (5) dwelling units which have no individual access to a dedicated public street; and (b) the Village Manager, upon the recommendations of the Superintendent of Public Works and the Village Engineer, determines that the street or streets to be dedicated are of such construction and in such a state of repair as to cause no excessive burden upon the resources of the Village if dedication were accepted; and (c) the streets proposed to be dedicated are of a width no less than twenty-four (24) feet, include additional right-of-way or easements sufficient for access to utilities and to permit normal maintenance, and are configured in a manner that permits normal street maintenance procedures; and (d) the subject streets substantially meet Village engineering standards for street construction or the owners upgrade (or pay the Village for upgrading) the subject streets to said standards prior to acceptance of dedication by the Village; and. (e) the street or streets proposed to be dedicated are not part of an off-street parking facility for the development. Ordinance 95-ST-S-796 Establishing the Policy With Respect to Private Streets and Roads Page 3 Section 7: That, where residents of the development are unable or unwilling to dedicate the private streets, or the Village is unable or unwilling to accept dedication, the Board will consider acceptance of an easement for maintenance of existing residential private streets provided that: (a) each subject street serves at least five (5) dwelling units which have no individual access to a dedicated public street; and (b) the Village Manager, upon the recommendations of the Superintendent of Public Works and the Village Engineer, determines that the subject streets are of such construction and in such a state of repair as to cause no excessive burden upon the resources of the Village if maintenance were accepted; and (c) the street or streets in question are not part of an off-street parking facility for the development; and (d) the property owners agree to pay for specified maintenance performed by the Village. The method, amount of payment, and arrangements with respect to liability shall be established by the Board at the time the easement agreement is entered into. Section 8: That the validity of any action otherwise taken by the Board in accordance with applicable State law shall not be invalidated, impaired or otherwise affected by noncompliance with any part of the procedures or policy set forth in this ordinance. Section 9: That all ordinances or resolutions or parts of ordinances and resolutions in conflict with this ordinance are hereby repealed. Section 10. That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 24th day of January, 1995. Ayes: Trustees Bartecki, Calzaretta, Kenny, McInerney, Payovich and Shumate Nays: None Absent: None Abstain: None Ordinance 95-ST-S-796 Establishing the Policy With Respect to Private Streets and Roads Page 4 APPROVED THIS 24th day of January, 1995. Village President ATTEST: Village clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX