O-79-32ORDINANCE NO. 0 -79 =32
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT OF WAY IN THE VILLAGE OF DEERFIELD
LAKE COUNTY, ILLINOIS
WHEREAS, the Village of Deerfield, 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 Illinois
Route 43 (Waukegan Road) (F.A.U. Route 2706, State Section AY -RS -78 & (AY &BY)WRS -78,
Village Section 79- 00052- 00 -WR) from 800 lineal feet north of Lake -Cook Road to
1,400 lineal feet south of Illinois Route 22; 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 ac-
quired by temporary easement during the time the easement is in effect;
Project Right of Way is defined as those areas within the project right
of way lines established jointly by the Village, State, and the Federal
Highway Administration which will be free of encroachments except as
hereinafter defined;
Encroachment is defined as any building, fence, sign or any other struc-
ture 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, ad-
vertising 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 line 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
line and not confined by adjacent buildings;
Construction Easement Area is defined as that area lying between the pro-
ject 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
WHEREAS, representatives of the Village, the State, and the 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 Deerfield, Lake 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
(hereinabove defined), except as provided in Section 3, within the limits of the
project right of way or roadway right of way where no project right of way lines
have been established.
Section 2: Project right of way lines have been established at the
following locations:
(a) Along the east and west side of Waukegan Road, 33 feet to 50 feet
from the centerline of the proposed improvement from Lake Cook Road
to the north Village limits.
Section 3: PERMISSIBLE ENCROACHMENTS: Not applicable.
Section 4: 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.
Section 5: Any person, firm or corporation violating this ordinance shall
be fined not less than five dollars ($5.00) not 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 6: This ordinance shall be published
paper having a general circulation in the Village of
shall be in full force and effect after its passage,
provided by law.
Village Clerk
after its passage in a news -
Deerfield, Illinois, and
publication and approval as
Passed and approved this 21st day of
1979.
President
Ayes: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
Nays: None (0)
ORDINANCE NO. 0-79-32 NOW, THEREFORE, BE IT ORDAINED, by
AN ORDINANCE REGULATING the Village of Deerfield, lake County, Illi-
ENCROACHMENT ON PUBLIC nois:
RIGHT OF WAY IN THE VILLAGE Section 1: It shall be unlawful for any per -
OF DEERFIELD, LAKE COUNTY, ILLINOIS , son, firm or corporation to erector cause to
WHEREAS; the Village of Deerfield, here-
inafter known as the Village, and the State
of Illinois, acting by and through its Depart-
ment of Transportation, Division of High -
ways, have entered into an agreement rela-
tive to the improvement of Illinois Route.43
(Waukegan Road) (F.A.U. Route 2706, State
Section AY -RS -78 & (AY &BY)WRS -78, Vil-
1 age Section 79. 00052.00 -WR) from 800
lineal feet north of take -Cook Road to 1,400
lineal feet south of Illinois Route 22; and,
WHEREAS, in order to facilitate -said im-
provement it is necessary for the Village to
adopt an ordinance regulating encroach -
ments�on the right of way for said improve -
ment in accordance with.the following def-
initions: , '
Roadway Right of Way is defined as those
areas existing or acquired by dedication or
by fee simply for highway purposes; also
the areas acquired by temporary easement
during the time easement is in effect,
Project Right of Way is defined as those
areas within the. project right of way lines
established jointly by the Village, State, and
the Federal Highway Administration which
will be free of encroachments except as
hereinafter defined;
Encroachment is defined as any building,
fence, sign or any other structure or object
+of any kind (with the exception of utilities
and public road signs), which is placed, lo•
cated or maintained in, on, under or over
any portion of the project right of way or
the roadway.right of way where no project
Fight of way line has been established;
Permissible Encroachment is defined as any
existing awning, marquee, advertising sign
or similar overhanging structure supported
froma building immediately adjacent to the
limits of the platted street where there is a .
sidewalk extending to the building line and
which does not impair the free and safe
flow of traffic on the highway, the permis-
sive retention of overhanging signs is not to
be construed as being applicable to those
signs supported from poles constructed out-
side the project rNht of way Iine and not
confined by adjacent buildings;
Construction Easement Area is defined as!
that area lying between the project right of
way limits and the platted street limits with-
in which the Village, by concurrence in the
establishment of ttie project right of way 1
lines, will`permit the State to enter to per- !
form all necessary construction operations;
and
WHEREAS, representatives of the Village,
the State, and the Federal Highway Admin-
istration have, by visual inspection, Cooper-
atively established project right of way lines
and have mutually- determined the disposi-
bon of encroachments;
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 t;zy or roadway
right of way where no project right of way
lines have been established.
'Section 2: Project right of way lines have
been established at the following locations:
(a) Along the east and west side of Wauke-
gan Road, 33 feet to 50 feet from the cen-
terline of the proposed improvement from
Lake Cook Road to the north Village limits.
• Section 3: PERMISSIBLE ENCROACH-
MENTS: Notapplicable.
Section 4: This ordinance is intended to
and shall be in addition to all other ordi-
nances, rules and regulations concerning
encroachments and shall not be construed
as repealing or rescinding any other ordi-
nance or part of any ordinance unless in di-
rect conflict therewith;
Section 5: Any person, firm of corporation
violating this ordinance, shall be fined not
less than five dollars ($5.00) not more than
five hundred dollars ($500.00) for each of-
fense, and a separate offense shall be
deemed committed for each and every day
during which a' violation continues or exists.
Section 6: This ordinance shall be pub-
lished after its passage in a newspaper hav-
ing a general circulation in the Village of
Deerfield, Illinois, and shall be in full force
and effect after its passage, publication and
approval as provided by law.:
Passed and approved this 21st day of May,
1979.
Bernaid forest c
President
Catherine B. Price
Village Clerk
Ayes: Gavin, Heisler, Marty, Seidman, Swan -
son, York (6)
Nays: None (0)
Published June 21, 1979
Mail Advertiser Publications
I
W
" Section 1: It shall be unlawful for any person, firm or corporation to
erect or cause to be ere ted, to retain or cause to be r tained, any ENCROACHMENT
(hereinabove defined), eXcept as provided in Section 3, ithin the limits of the
project right of way or roadway right of way where no project right of way lines
have been established.
Section 2: Project right of way lines have been established at the follow-
ing locations:
(a) Along the s de of ftreet -,
feet from the centerline of the proposed improvement from Z_a4e
t0 /V01-4 V //aG �e
V
(b) - - = - - - -
Section 3: Revocable permits have been issued by the DoT for
the temporary retention of the following PERMISSIBLE ENCROACHMENTS hereinabove
defined):
(a) (Description of encroachment, location, and owner)
Section 4: This ordinance is intended to and shall be in addition to all
other ordinances, rules and regulations concerning encroachments and shall not by
construed as repealing or rescinding any other ordinance or part of any ordinance
unless in direct conflict therewith.
Section 5: Any person, firm or corporation violatingg this ordinance shall
be fined not less than '� ( dollars ($ ?-. 0 6 ) nor more than
S dollars oo•o� for each offense, and a separate offense
shall be deemed committed for each and every day during which a violation continues
or exists.
Section 6: This ordinance shall be published
•dary -s after its passage in a newspaper having a general circulation in the C� u�JLee
of yam} , Illinois, and shall be in full force and effect after its 0
passage, p'blication and approval as prov.ided by law.
Pa d and approved this ' 21st -day
of Ma 19
Mayor
Village Clerk
Ayes: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
Nays: None (0)
Exhibit D
r
-
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly elected
and acting Village Clerk of the Village of Deerfield, Lake and Cook
Counties, Illinois, and that the foregoing is a true and correct
copy of an ordinance entitled "AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT OF WAY IN THE VILLAGE OF DEERFIELD, LAKE COUNTY,
ILLINOIS ", passed by the President and Board of Trustees of the said
Village at a regular meeting thereof on the 21st day of May, 1979,
and now in full force and effect, all as appears on the records and
files of my office.
Dated this 15th day of June, 1979.
SEAL
Catherine B. Price
Village Clerk