HomeMy WebLinkAboutG16-75 (1" Ordinance No. G16-75
AN ORDINANCE
REGULATING ENCROACHMENT ON THE PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN
KANE COUNTY, ILLINOIS
WHEREAS, the City of Elgin 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 State Street (Illinois Route 31, F.A. Route 23, State
Section 1972-2SBRS, City of Elgin Section 89CS) , from U.S. By Pass Route
20 to the Chicago, Milwaukee, St. Paul and Pacific Railroad; 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 Way is defined as those areas within the pro-
ject right-of-way lines established jointly by the City and the
State, which will be free of encroachments except as hereinafter
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 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 lane 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 con-
strued 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 the 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 oeprations; and
WHEREAS, representatives of the City and the State have, by visual inspec-
W tion, cooperatively established project right-of-way lines and have mutually
determined the disposition of encroachments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS: All
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 (herein above defined) , 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. 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 twenty-five dollars ($25.00) 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 4. That this ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: April 9, 1975
Passed: April 9, 1975
Vote: Yeas 7 Nays 0
Recorded: April 9, 1975
Published: April 9, 1975
Attest:
s/ Margaret A. Glink
Margaret A. Glink, City Clerk