HomeMy WebLinkAboutOrdinances - O-79-181 - 04/16/1979 - REGULATE ENCROACHMENT PUBLIC ROW- ORDINANCE NO. 0- 79 -181
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT -OF WAY IN THE CITY OF McHENRY
McHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, hereinafter known as the City, and the State
of Illinois, acting by and through its Department of Transportation, Division of
Highways, have entered into an agreement relative to the improvement of Illinois
Route 31 @ Pearl Street (F.A.P. Route 13, State Section 111-N-78, City Section
79-00026-00-TL; 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 ac-
quired 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 struc-
ture 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, ad-
vertising 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 confirmed by adjacent buildings;
Construction Easement Area is defined as that area lying between the pro-
ject 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 City of McHenry, McHenry 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 ENCROACH-
MENT (hereinabove defined), except as provided in Section 3, 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. There shall be no encroachments on project lines and right-of-
way Iines.
SECTION 3. Revocable permits have been issued by the City of McHenry
for the temporary retention of the following PERMISSABLE ENCROACHMENTS (hereinabove
defined): NOT APPLICABLE.
SECTION 4. 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 5. Any person, firm or corporation violating this ordinance
shall be fined not less than fifty dollars ($50.00) nor more than five hundred
dollars ($500.00) for each offense, and a separate offense shall be deemed com-
mitted for each and every day during which a violation continues or exists.
SECTION 6. This ordinance shall be published two times within fourteen
days after its passage in a newspaper having a general circulation in the city of
McHenry, Illinois, and shall be in full force and effect after its passage, pub-
lication and approval as provided by law.
ATTEST:
�ij �er
EXHIBIT D
Passed and approved this 16th day
of APRIL- 1979.
Mayor
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