Ordinance 2014-79 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-79
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 91h day of December, 2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County,Illinois on December 17, 2014.
Ordinance No. o O iq—7 q
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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
US 34 (FAP 591), Section (13C & 13) R&T also known as Veterans Parkway from a point
approximately 1,200 feet west of Market Place Drive and extending easterly 2.79 miles to the
east corporate limits of the United City of Yorkville (the"Project'); 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 US 34 (Veterans Parkway) from
Tuma Road easterly 2.27 miles to the east corporate limits of the United City of Yorkville 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 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 and not
confined by adjacent buildings.
Construction Easement Area is defined as an 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 Mayor and City Council of the
United City of Yorkville, Kendall County,Illinois,as follows:
Section 1. The foregoing preambles are hereby incorporated herein as if fully restated.
Section 2. 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 3. .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 4. Any person, firm or corporation violating this ordinance shall be fined not less
than Five Hundred Dollars ($500.00) nor more than Seven Hundred Fifty ($750.00) for each
offense, and a separate offense shall be deemed committed for each and every day during which
a violation continues or exists.
Section 5. This Ordinance shall be published one time within ten (10) 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, publication, and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
q day of 1) C&A46,ER 92014.
City Clerk
ROSE ANN SPEARS DIANE TEELING _
KEN KOCH JACKIE MILSCHEWSKI _
CARLO COLOSIMO ►'1 JOEL FRIEDERS _
CHRISTOPHER FUNKHOUSER_\ LARRY KOT T
Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this
10 day of �CEM 6cK 2014.
X0,
Mayor