HomeMy WebLinkAboutOrdinances - O-82-294 - 07/19/1982 - REGULATING ENCROACHMENT IN PUBLIC ROWORDINANCE NO. 0-82-294
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 High-
ways, have entered into an agreement relative to the improvement of Illinois Route
120 (F.A.P. Route 539, State Section 14BR-79, City Section 82-00037-00-PW), from
Park Street to River Road; 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 maintai-ned 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 confined by adjacent buildinas;
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
State, 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 ENCROACHMENT (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: Project right-of-way lines have been established at the following lo-
cations:
(a) Along the south side of Elm Street, forty (40) feet from the centerline of
the proposed improvement from Park Street to the west side of the Illinois
Route 120 Bridge.
(b) Along the north side of Elm Street, forty (40) feet from the centerline of
the proposed improvement from Park Street to the west side of the Illinois
Route 120 Bridge.
Section 3: Revocable permits have been issued by the City of McHenry for the
temporary retention of the following PERMISSIBLE ENCROACHMENTS (hereinabove defined):
(a) None.
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 ten dollars ($10.00) nor more than five hundred dollars ($500.00) for
each offense, and a separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
Section 6: This ordinance shall be published two times within ten 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, publication and approval as
provided by law.
ATTEST:
City Clerk
Passed and approved this 19th day of
July, 1982.
Exhibit D