Chapter 12-08


12-08-010    Encroachments unlawful.

12-08-020    Definitions.

12-08-030    Project right-of-way lines.

12-08-040    Revocable permits.

12-08-050    Violation—Penalty.

12-08-010 Encroachments unlawful.

It is unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (defined in Section 12-08-020), except as provided in Section 12-08-040, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established, and within the corporate limits of the city of Harvey, Illinois. (Ord. 2232 § 1, 1981)

12-08-020 Definitions.

As used in this chapter:

“Construction easement area” means that area lying between the project right-of-way limits and the platted street limits within which the village, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.

“Encroachment” means 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” means 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 construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.

“Project right-of-way” means those areas within the project right-of-way lines established jointly by the state, and the United States Federal Highway Administration, which will be free of encroachments, except as herein defined.

“Roadway right-of-way” means 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. (Ord. 2232 (part), 1981)

12-08-030 Project right-of-way lines.

Project right-of-way lines have been established at the following locations:

No encroachments. (Ord. 2232 § 2, 1981)

12-08-040 Revocation permits.

Revocable permits have been issued for the temporary retention of the following permissible encroachments (defined in Section 12-08-020):

No encroachments. (Ord. 2232 § 3, 1981)

12-08-050 Violation—Penalty.

Any person, firm or corporation violating this chapter shall be fined not less than one hundred dollars ($100.00), and not 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. (Ord. 2232 § 5, 1981)