HomeMy WebLinkAboutOrd 2198 10/28/1969
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ORDINANCE NO. 2198
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF
WAY IN THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
\\1HEREAS, the VILLAGE OF MOUNT PROSPECT hereinafter referred to as the VILLAGE,
and the State of Illinois, acting by and through its Department of Publlc
Works and Bulldings, Di vislon of High~rays, hereinafter referred to as the
STATE have entered into an agreement relative to the improvement of Busse
Road, Ch 012, Section 012-0304 MFT, Vlllage Sectlon 36CS, from Northwest
Tollway to Palm Drive; 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 follo~,rj.ng definit:i.on:
Roadway RigJ1t of vJay is defined as those areas existing or acquired by de-
dication or by fee simple for highway purposes; also, the areas acquired by
temporary easement during the time the easement is in effect;
Proj ect Fight of \\fay is defined as those areas wi thin the proj ect right of
way lines established jointly by the VILLAGE, and STATE, which will be free
of encroachments except as hereinafter defined;
Encroachment is defined as any building, fence, sip.n, 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, rnarquee, adver-
tising sign or similar overhanging structure supported from a building immed-
iately adjacent to the limits of the platted street where there is a sidewalk
extending to the building line and volhich does not impair the free and safe
flow of traffic on the hig)1way; the pemissi ve retention of overhanging signs
is not to be construed as being applicable to those signs supported from
poles constructed outside the proj ect rig.l1t of Ttlay line and not confined by
adjacent buildings;
Construction Easement Areas is defined as that area lying between the project
rigt1t of way limits and the platted street lirnits within which the VILLAGE,
by concurrence in the establishment of the project right of ...,.ray lines, ~1ill
permit the STATE to enter to perform all necessary construction operations;
and,
vJHEREAS, representatives of the VILLAGE, and the STATE, have, by visual in-
spection, cooperatively established project rigt1t of way lines and have
mutually detemined the disposition of encroachments;
NOW, THEREFORE, BE IT ORDAINED BY THE PRE.<:JIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That is shall be unlawful for any person, firm or cO!'poration
to erect or cause to be erected, to retain or cause to be retained, any
ENCROACHMENT (hereinabove defined), except as provided in Section 3, within
the limits of the project right of way or road''1ay right of way where no pro-
ject right of way lines have been established.
SECTION TltlO: That proj ect right of wa..v lines have been established as the
follovoling locations:
NO ENCROACHMENTS
Exhibit "D"
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SEGrION THREE: That revocable permits have been issued by the State for the
temporary retention of the following PERMISSABLE ENCROACHIV!ENTS (hereinabove
defined) :
NO ENCROACHMENTS
SECTION FOUR: That this ordinance is intended to and shall be in addition to
all other ordinances, rules and regulations concerning encroachments and shal
not be construed as repealing or rescinding any other ordinance or part of
any ordinance unless in direct conflict there~~th.
SEGrION FIVE: That any person, firm or corporation violating this ordinance
siiatr'be r1ned not less than Five (5) dollars nor more than 'Th10 Hundred (200)
dollars for each offense, and a separate offense shall be deemed comrritted
for each and every day during ~lhich a violation continues or exists.
SECTION SIX: That this ordianance shall be publiShed ti'JO (2) times within
ten (10) days after its passage in a newspaper having a general circulation
in the Village of Mount Prospect, Illinois, and shall be in full force and
effect after its passage, publication and approval as provided by lai'1.
PASSED AND APPROVED THIS 28th DAY OF OCTOBER, 1969.
AYES: 5
NAYS: 0
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Village President
ATlEST:
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