G-171 - 12/10/1974 - 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 22nd Street (.FAU'
9877) and Spring Road ' (FAU 9870 ) known as State Section 552-R-3,
FAUS Project M-5003 (10) , Village Section 7 TL-CS; 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;
Encroachment is- defined as any buildin 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 establish-
ment 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 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 :
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 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 .
~ -2-
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 thre ( 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
December, 1974.
APPROVED:
President
ATTEST: - '.• .1 ,' 'r�
M- -
Vi-l1 age Clerk
AYES :
NAYS:
ABSENT : I -