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2024-04-15 - Ordinance 2024-040 - AMENDING TITLE 12 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE ORDINANCE NO.2024-040 AN ORDINANCE AMENDING TITLE 12 OF THE VILLAGE OF BUFFALO GROVE ' MUNICIPAL CODE ' WHEREAS the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of1970; and WHEREAS to provide safe and efficient traffic flow along Lexington Drive from I the Rickey Rockets Development, Deerfield Parkway,Weiland Road,Arlington Heights Road, and Armstrong Drive,the below road signs or turning restrictions have been installed, adjusted or removed; and ; WHEREAS the recommendations of the Village Engineer have been , presented to the Corpor,ate Authorities. ,I NOW,THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. Section O10 of Chapter 04 of Title 12 of the Village of Buffalo Grove I Municipal Code is hereby amended by adding thereto the following portions as shown by the underlined and highlightec�text as follows: 12.04.010 Purpose and scope. A. Purpose.The purpose of this Chapter is to establish policies and procedures for constructing facilities on rights-of-way and use of rights-of-way within the �, Village's jurisdiction,which will provide public benefit consistent with the '�, preservation of the integrity,safe usage, and visual qualities of the Village rights-of- way and the Village as a whole. B. Intent. In enacting this Chapter,the Village intends to exercise its authority over the rights-of-way in the Village and, in particular,the use of the public ways and property by utilities and others, by establishing uniform standards to address issues presented by utility facilities and the public including without limitation: 1. Prevent interference with the use of streets,sidewalks, alleys, parkways and �', other public ways and places; 2. Prevent the creation of visual and physical obstructions and other conditions � that are hazardous to vehicular and pedestrian traffic; 3. Prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights-of-way or public property; 4. Protect against environmental damage, including damage to trees,from the installation of utility facilities; S. Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; 6. Preserve the character of the neighborhoods in which facilities are installed; r 7. Preserve open space, particularly the tree-lined parkways that characterize the Village's residential neighborhoods; � 8. Prevent visual blight from the proliferation of facilities in the rights-of-way; � and � 9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. i 0. ,_. ___. -�- ---....- --- . . . - -- The protection. preservation�and care oftrees illustrates theirvalue to the Villaae as they plav a vital role in absorbin9 pollutantsfrorn air and groundwater; ; 'sequester ca.rbon. produce oxyqen, mitigate stormwater runoff and soiF erosion� ' mitiqate heat and wi.nd impacts, bufFer noise and light pol.lution act as criticaC parts ofthe surroundin4 ecosystem,enhance the quality of Iife, and can improve property values and commercial activities! C. Facilities Subject to this Chapter.This Chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village.A facility lawfully established prior to the effective date of this Chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. D. Franchises, Licenses, or Similar Agreements.The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement,the Village may provide for terms and conditions inconsistent with this Chapter. E. Effect of Franchises, Licenses, or Similar Agreements. 1. Utilities Other than Telecommunications Providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village,such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. 2. Telecommunications Providers. In the event of any conflict with, or inconsistency between,the provisions of this Chapter and the provisions of any franchise, license or similar agreement between the Village and any telecommunications provider,the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. F. Conflicts with Other Chapters.This Chapter supersedes all Chapters or parts of Chapters adopted prior hereto that are in conflict herewith,to the extent of such conflict. G. Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this Chapter,the utility shall comply with the requirements of this Chapter to the maximum extent possible without violating federal or state laws or regulations. H. Sound Engineering Judgment.The Village shall use sound engineering judgment when administering this Chapter and may vary the standards, conditions, and requirements expressed in this Chapter when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate its rights-of-way for the protection of the public health,safety and welfare. SECTION 3. Chapter 20 of Title 12 of the Village of Buffalo Grove Municipal Code is hereby amended by inserting the following text hereafter known as Section 041 shown by the underlined and highlighted!text as follows: _. . .._. __ _ . . .. . - - -- - - - 12.20.041 Planting care and standards: Plantina.species select�on,tree care.and removal standards for all Villaqe trees sFiall all be in accordance with the Villa4e's most recentivaccep�ed Urban Forestry Manaaement Plan as prepared and updated by the Public Works Department� SECTION 4. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this � Ordinance. SECTION 5. This Ordinance shall be in full force and efFect from and after its passage and approval and shall not be codified. , AYES: 6-Johnson. Cesario. Ottenheimer. Stein. Bocek. Weidenfeld II NAYES: 0- None ' ABSENT: 0- None I PASSED: Apri115. 2024 APPROVED: April 15,2024 PUBLISHED: Apri116.2024 II ATTEST: APPROVED: —���• o . Jan . Sirabian,Village Clerk Eric N. Smith, Jlage President l���L���J�j�1 ��'�'������'�' „��'ltF��J ���ry � � �`v�.,J � � a�,`L 1R/t�i'_�,��� i "�4�ur/v„'� .C'�u� 7�.���� � ` ti 'i'1 � '` __'`� a:.�`L\� '!� ,��r ° �C"./�r1t J����—ti tiZ` :�::.`".�.Y1'L`.