Ordinance 1994-05 • t
2348d
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ORDINANCE NO. --s
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 Illinois Route 47 (Bridge Street) , between
Spring and Park Streets, identified under State Section (13 C)I and MFT
Section 93-00013-00-TL.
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 areas 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 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 lane 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.
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2348d
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.
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, fir or c oration violating hjLs rdinance shall be
fined not les th n Dollars ($ � ) nor
more than v� ^Dollars ($ > 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 (1 ) time within ten (10)
days after its passage in a newspaper having a general circulation in the city
of Yorkville, Illinois, and shall be in full force and effect after its
passage, publication and approval as provided by law.
to -eh1
Passed and approved this day of
Nq vch /o 1994
Mayor
ATTEST:
City Clerk
Date
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