G-184 - 05/25/1976 - PUBLIC RIGHT OF WAY - Ordinances EXHIBIT d
ORDINANCE N0.
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT
OF WAY IN THE VILLAGE OF OAK BROOK, DU PAGE AND
COOK 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) known as State
Section 1975-145-N , FAUS Project M-5003 ( 53) , Village Section 75-00008-
00-PW .
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 Nith fence , sign or any
other structure or object of an kind 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 construction
operations ; and ,
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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 i
determined the disposition of encroachments ; I
NOW , THEREFORE , BE IT ORDAINED, by the President and Board of Trustees
of the VILLAGE OF OAK BROOK, COOK AND DU PAGE COUNTIES , 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.
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Section 2 : This ordinance is intended to and shall be in
addition to all other ordinances , rules and regulations concerning
encroachment 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 this day of \� �� 19 -7 (
CS
APPROVED:
,y-
P r e's4 .e n t
ATTEST:
Village Clem
t
AYES :
NAYS : o
ABSENT: o
Filed in the Office of the Village Clerk
by authority of the President and Board of Trustees of the
Village of Oak Brook this day of 19
APPROVED AS TO FORM :
-( Vi' 1 age Clerk)
1a e Attorney
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