HomeMy WebLinkAboutOrdinances - O-85-360 - 06/10/1985 - REGULATING ENCROACHMENT PUBLIC ROW RTE317-
ORDINANCE NO.0-85-360
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 known as F.A.P. Route
860, State Section 112RS-83, City Section 85-00040-00-WR; 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:
Roa��dwaxR�Ri ht of Wa is defined as those areas existing or acquired
by�ca ion or y 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 and the State
which will be free of encroachments except as herein defined;
Encroachment is defined as any building, fence, sign 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 of the roadway
right of way where no project right of way line has been established;
Permissable Encroachment is defined as any existing awning, marquee,
aover ising 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
buildings;
Construction Easement Area is defined as that 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, by visual
inspection, cooperatively established project right of way lines and have
mutually determined the disposition of encroachments;
NOW, THEREFORE, HE IT ORDAINED, by the City of McHenry, McHenry
County, Illinois:
Section 1: It shall be unlawful for any
erect or cause to be erected, to retain or
:ROACHMENT (hereinabove defined), except as
:hin the limits of the project right of way
!re no project right of way lines have been
person, firm or corporation
cause to be retained any
provided in Section 3,
or roadway right of way
established.
Section 2: Project right of way lines have been established at the
following locations:
(a) Along the east and west side of Front St. (Route 31) ,
4,777 feet from the centerline of the propose
improvement from south of High St. north to Waukegan Rd. .
(b)- - - - - - -
Section 3: Revocable permits have been issued by the City of
McHenry for the temporary retention of the following PERMISS-
IBLE
ENCROACHMENTS (hereinabove defined):
(a) (Description of encroachment, location and owner) 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 5ne not less than Twenty-five Dollars ($25.00 )
nor more than Five Hundred Dollars 500.00 ) for each offense,
and a separate offense shaTTTe deemed committed or each and every day
during which a violation continues or exists.
Section 6: This ordinance shall be published 2 times after
its passage in a newspaper having a general circulation in the _ C�it�
of McHenry , Illinois and shall be in full force an3 eec�
after its passage, pub ication and approval as provided by law.
PASSED and APPROVED this loth day of
June , 1985.
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS: None '
ABSENT: None
NOT VOTING: None
ABSTAINED: None
ATTEST:
,y UltrK
Exhibit D