G38-84 Ordinance No. G38-84
AN ORDINANCE
REGULATING ENCROACHMENT ON 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 Larkin Avenue (formerly U.S. Business Route 20) known as
F.A.P. Route 557, State Section 8WRS-1(82) , City Section 84-00133-00-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 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 hereinafter defined.
Encroachment is defined as any building, fence, sign or any other
e.. 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 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 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 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
f' inspection, 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, 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) 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. No revocable permits have been issued for the temporary
retention of the following permissible encroachments (hereinabove defined) .
Section 3. 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 4. 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 5. This ordinance shall be published in pamphlet form by authority
of the City Council and shall be in full force and effect after its passage,
publication and approval as provided by law.
s/ Edgar A. Andersen
Mayor Pro Tem
Presented: June 25, 1984
Passed: June 25 , 1984
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk