S-603 - 04/28/1987 - SPECIAL USE - Ordinances ORDINANCE NO. S- 603
AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR CERTAIN
FILLING WITHIN THE FLOOD PLAIN PURSUANT TO SECTION 10-34
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK
(McDonald's Corporation)
WHEREAS, McDonald' s Corporation filed an application with the Village
Clerk of the Village of Oak Brook requesting a Special Use Permit under Section
10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood
plain and wetland regulations; and
WHEREAS, the Corporate Authorities passed Ordinance S-584 which granted
a Flood Plain Special Use Permit subject to certain conditions and restrictions,
including the condition that the earth stockpile on the Subject Property be
removed not later than May 1, 1987; and
WHEREAS, McDonald' s Corporation has requested that the May 1, 1987
deadline be extended to July 1, 1987; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook dean the
passage of this Ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follow:
Section 1: That the provisions of the pre&nble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section 3 of Ordinance S-584 is amended to read as
follows:
A. That the earth stockpile be removed not later than
July 1, 1987.
B. That the applicant maintain the hay bales surrounding
the stockpile in order to prevent any washing of the
�- dirt into Salt Creek.
C. That the applicant use the stockpile to backfill the
foundation as each sublevel is completed.
D. That the applicant provide a performance bond expiring
on August 1, 1987 for removal of the stockpile.
E. That in the event that McDonald' s Corporation or its
successors or assigns, fails to comply with the above
conditions, upon telephone notice in the case of an
emergency, or upon ten (10) days written notice, the
Village may enter onto the premises and take remedial
action to ensure that the public health and safety is
not imperiled by the stockpile. The cost of said
remedial action shall be paid in its entirety by
t-k;Donald' s Corporation, it successor and assigns.
Section 3: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided by law.
Section 4: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict but only as they apply to the property
hereinbefore described.
` Ordinance No. S- 603
Amending an Ordinance Granting.
a Special Use Permit for Certain
Filling within the Flood Plain
(MtDonald's Corporation)
Page two
Section 5: If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such determination shall not
affect the validity of any remaining portion of this Ordinance.
PASSED THIS 28th day of April , 1987.
Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters
Nays: None
Absent: None
APPROVED THIS 28th day of April , 1987.
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Village Preside t
ATTEST:
Village Clerk Itq,
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Approved as to Form:
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Village Attorney
Published
Date Paper
-Not Published XX