Ordinance 2011-50 Ordinance No. 2011- -5-0
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the United 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 Illinois 47 (FAP 326) also known as Bridge Street, from
approximately 400 feet north of Illinois 71 and extending northerly 3.25 miles just south of
Kennedy Road.
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 Illinois 47 (Bridge Street)
between Illinois 71 and Kennedy Road and US 34 between Cannonball Trail and Tuma Road
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 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 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.
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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:
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 not 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 $ 0 nor more than $ 150.00 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, Kendall County,
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
day of , A.D. 2011.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. � JACKIE MILSCHEWSKI
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CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER ` LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
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this day of E D f 2011.
MAYOR
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