Loading...
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 -