Ordinance 1983-04 EXHIBIT "C"
ORDINANCE NO . _Zf,�'j _
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN
THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY ,
ILLINOIS .
WHEREAS , the UNITED CITY OF VILLAGE OF YORKVILLE , Kendall
County , Illinois , hereinafter known as the CITY , and the State of
Illinois acting by and through its Department of Transportation ,
hereinafter called the STATE , have entered into an agreement relative
to the improvement of Bridge Street ( Illinois Route 47 , F . A. Route
100 , Section ( 13D & 109) R&BR) , from Hydraulic Street to Main Street ;
and ,
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 definitions :
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 encroach-
ments 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
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 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 ;
X900 3-y
CONSTRUCTION EASEMENT area is defined as the 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 , the STATE , and the
Federal Highway Administration have , by visual inspection ,
cooperatively established project right of way lines and have
mutually determined the disposition of encroachments ;
NOW, THEREFORE , BE IT ORDAINED , by the UNITED CITY OF THE
VILLAGE 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 con-
cerning 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 ($ ; ) nor more than
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 / times
within days after its passage in a newspaper having a
general circulation in the UNITED CITY OF THE VILLAGE OF YORKVILLE ,
Illinois , and shall be in full force and effect after its passage ,
publication and approval as specified by law .
Passed and adopted by the City Council of the UNITED CITY
OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , this
/3)k day of `�fit,)uU0_1:-i A . D . , 19 F,3 Deposited in
the City Clerk ' s off'i ce the / day of � � �����, A. D . , 19 J
—MAY OR
ATTEST : CC, ctc�. C� Ze�•–�
CITY CLERK