HomeMy WebLinkAboutOrdinances - O-86-394.A - 08/20/1986 - REGULATE ENCROACHMENT ON PUBLIC ROW FOR IDOTOrdinance No. 0-86-394.A
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT OF WAY IN THE CITY OF McHENRY,
Mc HENRY COUNTY, ILL INOIS
WHEREAS, The City of McHenry, hereinafter known as the City, and
the State of Illinois, acting by and through its Department of Transporta-
tion, Division of Highways, have entered into an agreement relative to the
improvement of Richmond Road, Illinois Route 31, F.A.P. Route 13, F.A.S.
Route 1220, Illinois Route 31, State Section: 111R-84, City Section:
86-0042-00-WR,, from Pearl Street to approximately 2,300 feet north of
Mc Cullom Lake 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
acquired by temporary easement during the time the easement is in
effect;
Project Right of Wa is defined as those areas within the project
ri'gh o Fines esta ished 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
s r� ucture 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;
Permissible Encroachment is defined as any existing awning, mar-
quee, 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 traffic on the high-
way; the permissive retention of overhanging signs is not to be con-
strued as being applicable to those signs supported from poles con-
structed outside the project right of way line and not confined by
adjacent buildings;
Construction Easement Area is defined as that area lying between
tie 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, THEREFOJRE, BE IT, ORDAINED, by the City Council of the City of
McHenry, McHenry County, inois:
SECTION 1. It shall be unlawful for any person, firm or corporation
to erect 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 locations:
(a) Along the east and west side of Richmond Road (Route 31) from
Pearl Street to approximately 2,300 feet north of McCullom Lake
ROELd.
SECTION 3. Revocable permits have been issued by the City of McHenry
for the temporary retention of the following PERMISSIBLE 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 e fineT not less than $25.00 nor more than $500.00 for each of-
fense, 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 (2) times after its
passage -in a newspaper having a general circulation in the City of McHen-
ry, Illinois and shall be in full force and effect after its passage, pub-
lication and approval as provided by law.
PASSED AND APPROVED this 20th day of August, 1986.
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS: one
ABSENT`: iWne
NOT VOT I Nam— None
ABSTAINED: — ^'^"n
ATTEST:
City Clerk
EXHIBIT D