Ordinance 2001-14 JF . ' t
Page 1 of 2
ORDINANCE NO.
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC
RIGHT OF WAY IN THE CITY OF YORKVILLE OF KENDALL COUNTY, ILLINOIS
WHEREAS, the city of Yorkville, hereinafter known as the CITY, and the state of Illinois, acting by and
through its Department of Transportation, Division of Highways, hereinafter known as the STATE, have
entered into an agreement relative to the improvement of U.S. Route 34 (FAP 591), State Section
(108N)RS-1, (13C & 12)RS-4, TS&I, City MFT Section 01-00024-00-TL. The said project extends from
the CITY's east corporate limits westerly to Illinois Route 47.
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance
regulating encroachments on the right of way for said improvement in accordance with the following
definition:
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;
Project Right of Way is defined as those within the project right of way lines established jointly by the
City, State, and the Federal Highway Administration which will be free of encroachments except as
hereinafter defined;
Encroachment is defined as any building, fence, sign (excluding certain signs located over sidewalks),
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, 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 line and which does not impair the free and safe
flow of pedestrian traffic and 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 area lying between the project right of way limits and the
platted street limits within which the CITY, 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 CITY and the STATE have cooperatively established project right of
way lines and have mutually determined the disposition of encroachments.
NOW, THEREFORE, BE IT ORDAINED by the city of Yorkville, Kendall 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 (herein above defined), within the limits of the
project right of way or roadway right of way where no project right of way lines have been established.
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Section 2: 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 3: Any person, firm, or corporation violating this ordinance shall be fined not less than
twenty-five and 00/100--------
-------------------- Dollars ($25.00 ) nor more than
five hundred and 00/100-------- Dollars ($ 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 one time within ten days after its passage in a newspaper
having a general circulation in Yorkville, Illinois, and shall be in full force and effect after its passage,
publication, and approval as provided by law.
PASSED AND APPROVED THIS 114 DAY OF A ; I , 2001.
AYES D
NAYES D
ABSTAIN
APPROVED:
Arthur ZProchaska,_Mayor
ATTEST:
Deborah Simmons, City Clerk