Ordinance 2006-024 D�E�tTM�
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ORDINANCE NO.c
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC
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RIGHT OF WAY IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the city of Yorkville of Kendall County, 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 the intersection of Illinois 71 and 126
WHEREAS, in order to facilitate said improvement, it is necessary for to adopt an ordinance
regulating encroachments on the right of way for said improvement in accordance with the
following definition:
Roadwav Riaht of Wav 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 Riaht of Wav 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.
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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 Council of Yorkville, Kendall County, Illinois:
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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, firm, or corporation violating this ordinance shall be fined not less than _
Dollars ($ ) nor
more than 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 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 aQ� DAY OF
.2006.
ayor Arthur Proc aska
ATTEST:
(SEAL)
— =uelyn M ewski, City Clerk
2006
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