Draft ordinance Regarding Rights-of-Way

Please Note: These laws have already been in place according to State Statute. This Ordinance is simply to reinforce the law to the public. 

ordinance_regarding_rights-of-way.pdf
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For our Homeowners ​

SECTION 24. MANAGEMENT OF OBSTRUCTIONS
 
24.1. Prohibition of Obstructions: No person shall place, maintain, or allow any obstruction in the public ways or rights-of-way that hinders or prevents the free and safe passage of pedestrians or vehicles, or that interferes with the flow of water inside gutters or ditches, without first obtaining a permit from the Township.
 
24.2. Permit for Temporary Obstructions: A permit may be issued for temporary obstructions necessary for construction, maintenance, or special events. The application for such a permit shall include: (a) A description and location of the obstruction; (b) The duration for which the permit is required; and (c) Measures to ensure public safety and minimize disruption. Temporary obstructions must be clearly marked and, if necessary, illuminated to ensure visibility.
 
24.3. Maintenance of Clear Pathways and Drainage: Property owners adjacent to the public ways are responsible for maintaining clear pathways and ensuring that no obstructions encroach into the right-of-way or interfere with the free flow of water inside gutters or ditches. The Township shall conduct regular inspections to ensure compliance and may issue notices of violation to property owners or responsible parties.
 
24.4. Removal of Unauthorized Obstructions: The Township reserves the right to remove any unauthorized obstruction from the public ways or rights-of-way without prior notice if it poses an immediate hazard to public health, safety, or welfare, or if it interferes with the flow of traffic. For non-hazardous obstructions, the Township shall provide 10 days' notice to the property owner or responsible party. If the obstruction is not removed within that time, the Township may remove the obstruction, fill any ditch or excavation, regrade side gutters or ditches, and recover the cost from the property owner or responsible party. Costs recovered for removal shall be deposited into the Township's road fund and used for the maintenance or construction of public highways. The 10-day notice requirement shall not apply to any obstruction that interferes with traffic flow or violates the provisions of a permit issued by the Township.
 
24.5. Penalties for Violations: Any person who places, maintains, or allows an obstruction in the public ways or rights-of-way in violation of this ordinance shall be guilty of a petty offense and subject to a fine of not less than $50 nor more than $500. An additional fine of up to $50 per day may be imposed for each day the obstruction remains after notice has been provided by the Township. Each day an obstruction remains in violation constitutes a separate offense.
 
SECTION 25. FENCES IN RIGHTS-OF-WAY
 
25.1. Permit Required: No person shall construct, install, or maintain any fence within the public ways or rights-of-way without first obtaining a permit from the Township.
 
SECTION 26. DRIVEWAYS INTERSECTING PUBLIC WAYS
 
26.1. Permit Required: No person shall construct, install, or maintain any driveway intersecting a public way without first obtaining a permit from the Township.
 
SECTION 27: DRAINAGE AND WATER MANAGEMENT
 
27.1. Drainage Work Permit: No person shall plow, dig, or perform any drainage work that interferes with the flow of water inside gutters or ditches in the public ways or rights-of-way without first obtaining a permit from the Township. Persons wishing to drain their land into ditches within the right-of-way shall notify the Township Supervisor or his designee and secure written permission before performing any work.
 
27.2. Protection of Drainage Systems: Any interference with the free flow of water inside gutters, ditches, or drainage systems is prohibited without prior Township approval. The Township may regrade, fill, or remove any ditch or obstruction interfering with drainage, and recover the costs of such actions from the responsible party, as permitted under Section 9-117 of the Illinois Highway Code.
 
27.3. Exceptions: This section shall not apply to persons who, after giving notice to the Township and securing written permission, perform lawful drainage work necessary for the drainage of adjoining farmland or other property, as provided in Section 9-117 of the Illinois Highway Code.
 
SECTION 28. SEVERABILITY
 
If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining sections, paragraphs, or provisions of this Ordinance.
 
SECTION 29. REPEAL
 
All prior Ordinances and Resolutions in conflict or inconsistent with this Ordinance are hereby expressly repealed but only to the extent of such conflict or inconsistency.