Ordinance 1998-25 r
9812523 09/11/19S- 09: 15A 1 of 4
Paul Anderson, Kendall County, IL Recorder
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 1998-�
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY
OF ROUTE #34 AND SYCAMORE ROAD IN THE UNITED CITY OF YORKVILLE
WHEREAS, the UNITED CITY OF YORKVILLE, Kendall County, Illinois and the
STATE OF ILLINOIS, acting by and through its Department of Transportation, Division of
Highways have entered into an agreement relative to the construction of the intersection of U.S.
Route#34 and Sycamore Road.
WHEREAS, in order to facilitate said improvement, it is necessary for the UNITED CITY
OF YORKVILLE 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 UNITED CITY OF YORKVILLE , the STATE OF ILLINOIS 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 these 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 UNITED CITY OF
YORKVILLE, by concurrence in the limits and the establishment of the project right-of-way
lines, will permit the STATE IF ILLINOIS to enter to perform all necessary construction
operations; and
WHEREAS, representatives of the UNITED CITY OF YORKVILLE have cooperatively
established project right-of-way lines and have mutually determined the disposition of
encroachments.
NOW THEREFORE, be it ordained by the City Council of the UNITED 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-roadway right-of-way where no
project right-of-way lines have been established.
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 dollars ($25.00) nor more than one hundred dollars ($100.00) 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 the United City of Yorkville, Illinois and shall be in
full force and effect after its passage, and approval as provided by law.
PASSED AND APPROVED TH S AY OFC/ 1998.
AYES
NAYS
ABSENT
MAYO
ATTEST:
i
SEAL
ORD98-25