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An Ordinance Establishing a Temporary Moratorium on Certain Pedestrian Access to and Use of the Weber Road and Interstate 55 Interchange Construction Zone
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WHEREAS, the Village of Romeoville (“Village”) has the authority to adopt ordinances pertaining to the public health, safety and welfare regulating private and public property; and
WHEREAS, the Village has been advised of the commencement of construction activity for the new Weber Road/I-55 Interchange; and
WHEREAS, the Village finds, based on its review and analysis of accident reports in the vicinity of the Weber Road/I-55 Interchange, that Weber Road between Normantown Road and Lakeview Drive has experienced a high rate of accidents prior to the commencement of construction of the interchange project, and anticipates that the construction project will further increase the likelihood and incidence of accidents in this area; and
WHEREAS, in an effort to reduce the incidence of accidents during the pendency of the interchange construction project, the Corporate Authorities of the Village of Romeoville find that it is in the best interests of the health, safety, morals and welfare of the Village and its residents to enact a temporary moratorium on pedestrian movement within the area of the interchange construction project.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; that
SECTION 1: RECITALS - The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2; TEMPORARY MORATORIUM - All those heretofore adopted ordinances of the Village of Romeoville codified and contained within the Village of Romeoville Code of Ordinances are hereby amended by the addition of the following text, to be codified as and for a new Section 77.13 of Chapter 77 of the Village Code of Ordinances:
77.13 Temporary Moratorium on Pedestrian Access to Roadway Construction Zones
(A) Purpose. The Weber Road/Interstate 55 Interchange (“Interchange”) is in the midst of a significant construction project, presently scheduled for completion in the fall of 2021 (“Interchange Project”). Pursuant to Village analysis of accident reports in the vicinity of the Interchange, the Village has determined that Weber Road between Normantown Road and Lakeview Drive, inclusive of the entire area occupied by the Interchange (“Construction Zone”), has experienced a substantially higher rate of accidents prior to the commencement of the interchange construction project, and finds that the interchange construction project is substantially likely to increase the rate of accidents in the area due to the decreased capacity of the interchange to accommodate all forms of traffic during the construction project. To partially ameliorate the anticipated increase in the risk of accidents resulting from the Interchange Project, pedestrian access to and use of the Construction Zone shall be prohibited during the pendency of the Interchange Project as more fully hereinafter set forth.
(B) Construction Zone. The Construction Zone shall mean and include the entire Weber Road right of way from the intersection of Weber Road and Lakeview Drive to the intersection of Weber Road and Normantown Road, together with the right of way for the Interchange. The Construction Zone is further described and depicted in Appendix A to this Section 77.13. The Village shall take such steps as are necessary to post signage reasonably advising pedestrians of the Construction Zone and the prohibition on pedestrian access to and use of the Construction Zone as set forth in this Section 77.13.
(C) Restrictions on Pedestrian Access to and Use of the Construction Zone. During the pendency of the Interchange Project, pedestrian access to and use of the Construction Zone shall be limited to the following identified classes of persons. All other pedestrian access to and use of the Construction Zone shall be prohibited during the pendency of the Interchange Project.
1. Construction workers and consultants engaged in any aspect of work related to the Interchange Project;
2. Law enforcement agencies and their agents and employees;
3. Fire or emergency response vehicles and their agents and employees;
4. Motorists who have presently been involved in any type of motor vehicle accident within the construction zone, or who have experienced mechanical or other conditions rendering their vehicles incapable of travel;
5. Motorists who have become incapable of driving further while traveling through the construction zone due to illness or other physical or mental condition;
6. Employees of any governmental agency or body involved in any manner with the Interchange Project; and
7. Any person whose presence as a pedestrian within the Construction Zone arises out of facts or circumstances that would successfully support a defense of necessity under the provisions of 720 ILCS 5/7-13.
(D) Duration of Restrictions on Pedestrian Access to and Use of Construction Zone. The restrictions hereinabove set forth shall take effect from and after the adoption of this ordinance and shall remain in force and effect until such time as the Village Manager shall issue a written determination that the Interchange Project has been substantially completed.
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SECTION 3: SEVERABILITY - Which the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS - All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: REPEALER - All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION 6: EFFECTIVE DATE - This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.