G-165 - 09/10/1974 - PUBLIC RIGHT OF WAY - Ordinances ORDINANCE NO.
AN ORDINANCE REGULATING
ENCROACHMENT ON PUBLIC RIGHT
OF WAY IN THE VILLAGE OF OAK BROOK
DU PAGE COUNTY, ILLINOIS
WHEREAS, the Village of Oak Brook hereinafter known as the
VILLAGE, and the State of Illinois, acting by and through its
Department of Transportation, Division of Highways, have entered
into an agreement relative to the improvement of Kingery Highway
(Illinois Route 83, F.A. Route 102, State Section 543-1HBK,
Village Section ) 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 definitions:
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, STATE, and the United States 'Federal Highway
Administration 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
established.
Permissible Encroachment is defined 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 and 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 outside the
project right-of-way lines 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 construc-
tion operations; and,
WHEREAS, representatives of the VILLAGE, the STATE, and the
United States 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 VILLAGE OF OAK BROOK,
DuPage County, Illinois :
_2_
Section l.. 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 roadway right of way.
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 FIVE HUNDRED DOLLARS ($500. 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. This ordinance shall be published three (3) times
within thirty (30) days after its passage in a newspaper having a
general circulation in the Village of Oak Brook, Illinois, and
shall be in full force and effect from and after its passage,
publication and approval as provided by law.
PASSED and APPROVED by the President and Board of Trustees of
the Village of Oak Brook, DuPage County, Illinois, this 10th day
Of 1974.
APPROVED:
-' President
` ATTEST:
Village Clerk
AYES:
NAYS :— p
ABSENT: