§ 10.12.070 DEFINITIONS.
   Words, terms, and phrases in the definitions are those which are defined in this Section. The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout this Ordinance.
   AASHTO: The American Association of State Highway and Transportation Officials.
   ABUTTING: Having a common border with, or being separated from such common border by an alley or easement.
   ACCESS: A private or public way for providing entry or exit between a highway and abutting property.
   ACCESS FACILITY: A private or public driveway or road providing service to and/or from abutting property to a highway.
   ACCESS MANAGEMENT HIGHWAY CLASSIFICATION MAP: Map of County Highway System classifications for purposes of determining various access related requirements as outlined in this Ordinance.
   ACCESS PERMIT: A permit issued by the McHenry County Division of Transportation granting access to and from a County highway allowing for the construction or reconstruction of an access facility in accordance with the provisions of this Ordinance.
   ACCESS POINT: The location of access.
   ACTUATION: The initiation of a change in, or extension of, a traffic signal phase through the operation of any type of detector.
   ADJACENT ACCESS POINT: An adjoining access facility which may be on either side of the highway and either upstream or downstream of a proposed access point.
   ADMINISTRATIVE POLICIES MANUAL: The current Manual of Administrative Policies as published by the Illinois Department of Transportation Bureau of Local Roads.
   APPLICANT: The individual, company, governmental agency or organization that is requesting review and approval of a permit application and associated plans, studies, plats and/or documents and is requesting permission to perform construction within County highway right-of-way. For access permit projects, the applicant is typically the property owner and/or developer and becomes the permittee. The property owner/developer may designate another person or party to act on their behalf, (n which case this representative shall be known as the applicant and indicate such on the application.
   AVERAGE DAILY TRAFFIC (ADT): The number of vehicles using a road (in both directions) during a twenty-four (24) hour period, specified as the average daily traffic by the Illinois Department of Transportation or the McHenry County Division of Transportation (MCDOT).
   BERM: An earth mound that is designed to control and divert surface runoff or is of a decorative or landscape nature.
   BUREAU OF DESIGN AND ENVIRONMENT MANUAL: The current Bureau of Design and Environment Manual as published by the Illinois Department of Transportation.
   CASH BOND: A certified check or bank cashiers check payable to the McHenry County Division of Transportation held by the McHenry County Division of Transportation to insure that all permitted work will be completed in compliance with this Ordinance and the conditions of the permit.
   CERTIFY or CERTIFICATION: The act or process of attesting that the specific inspections, calculations, or tests, where required, have been performed and that they comply with the applicable requirements of this Ordinance.
   CERTIFICATE OF INSURANCE: An executed, completed, original document providing evidence that the developer or contractor has insurance in the amounts required and which provides additional coverage for additional parties.
   COMMON OWNERSHIP: A shared interest in real property by the same person or any persons related by marriage, adoption, or blood within an immediate family, including parents, spouses, siblings, and children
   CONTRACTOR: A person or firm engaged in construction, landscaping, or landscape maintenance on a contract basis.
   CORNER OR RETURN RADII: The pavement radius of the arc between the edge of pavement of the access facility and the edge of pavement of the abutting road used to facilitate vehicular turning movements.
   COUNTY: McHenry County, Illinois.
   COUNTY BOARD: The County Board of McHenry County, Illinois.
   COUNTY ENGINEER: The County Engineer of McHenry County, Illinois. The appointed head of the McHenry County Division of Transportation (MCDOT).
   COUNTY HIGHWAY: A public road as defined by the Illinois Highway Code as part of the County highway system, and any proposed roads as yet un-built but planned as a part of the County highway system.
   COUNTY RECORDER: The County Recorder of McHenry County, Illinois.
   COUNTY TREASURER: The Treasurer of McHenry County, Illinois.
   CROSS ACCESS EASEMENT: Shared access between adjacent parcels to allow the interaction of traffic without impacting public roadways.
   CROSS-DRAIN STRUCTURES: A culvert or structure that crosses under a roadway, typically perpendicular to the highway, and is used for the relief or conveyance of roadside drainage.
   DEDICATION: The transfer of property interests from private to public ownership for a public purpose. The transfer shall be of fee-simple interest, or a lesser interest for an easement.
   DESIGN SPEED: The speed to which a road is being or has been designed.
   DETENTION BASIN: A facility designed to temporarily store stormwater runoff either on, below or above the ground surface accompanied by controlled release of the stormwater.
   DEVELOPER: A legal or beneficial owner of a lot or parcel of any land proposed for a development, including the holder of an option or contract to purchase.
   DEVELOPMENT: The subdivision of land; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change In use of any buildings or land; any extension of any use of land or any clearing, grading, excavation, or other movement of land.
   DISCHARGE: The outflow of water, silt, or other mobile substances passing along a conduit, watercourse, or a channel, or released detention storage.
   DRAINAGE: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during or after development and includes prevention or alleviation of flooding.
   DRAINAGE AREA: The area contributing runoff water to a watercourse, drainage system, detention basin or retention basin, sometimes referred to as a watershed.
   DRAINAGEWAY: A watercourse identified by the presence of an intermittent or perennial flow of water.
   DRIVEWAY THROAT: The width between points on a driveway at which the corner returns are tangent to the driveway.
   EASEMENT: A right to use or control the property of another for designated purposes, such as for drainage or placement of utilities.
   ENCUMBRANCE: Prior easement, rights, or other legal constraint that would limit or prohibit use of dedicated right-of-way by the McHenry County Division of Transportation or others.
   ENGINEER: A licensed Professional Engineer registered in the State of Illinois, under the Illinois Professional Engineering Act.
   ENGINEERING PLANS: A signed and sealed set of design plans, specifications, and estimates of cost, containing all engineering elements necessary to construct an access facility or highway improvement.
   EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
   FACILITY: All structures, devices, objects, materials and related appurtenances including, but not limited to, bike paths; sidewalks; street lighting; trees; pedestrian crossing structures; fire and police emergency signal systems; public transportation shelters; municipal information signage; and municipal utilities such as watermains, forcemains and sanitary sewer systems. A facility also includes a stormwater system not designed or constructed for direct County Highway roadside drainage. For purposes of this Ordinance the term “facility” shall not include any facility owned or operated by the McHenry County Division of Transportation.
   FENCE: An artificial barrier constructed of any material or combination of materials erected to enclose or screen areas of lands.
   FREEWAY: A highway designated by the County Board as a freeway in accordance with Article 8 of the Illinois Highway Code. A freeway can be either a full or partial access-controlled facility.
   FRONTAGE: The distance, as measured along the highway right-of-way line, between the property lines of the abutting property.
   FRONTAGE ROAD: A road which is adjacent to or included in the right-of-way of a highway or railroad, and which provides access to abutting properties and separation from through traffic.
   FULL ACCESS: An access to a highway or other roadway that allows movements to and from a roadway in all directions without geometric restrictions.
   FULLY ACTUATED: A type of traffic control signal operation in which all signal phases function on the basis of actuation.
   GRADING EASEMENT: A temporary easement outside of the right-of-way when grading outside of the right-of-way is needed for roadway related improvements.
   HIGHWAY: See County Highway.
   HIGHWAY CAPACITY MANUAL: The most recent edition of the Highway Capacity Manual and all amendments thereto and successor documents as published by the Transportation Research Board.
   HIGHWAY STANDARDS: Drawings published by the Illinois Department of Transportation or the McHenry County Division of Transportation that show the details of various construction items and are used in conjunction with the Standard Specifications, General Notes or Special Provisions. The applicable Standards are referenced on the cover sheet of the plans.
   IDOT: The Illinois Department of Transportation.
   IMUTCD: The current edition of the Illinois Manual on Uniform Traffic Control Devices.
   ILLINOIS HIGHWAY CODE: The laws of the State of Illinois relating to roads.
   IMPROVEMENT: Any manufactured changes to any land, structure, or highway.
   IMPROVEMENT, PUBLIC: Any improvement necessary to provide for public needs.
   INFLUENCE AREA: The area associated with the function of an intersection, auxiliary lanes and access points(s).
   INTERSECTION: The general area where an access facility and a road, or two or more roads, or two access facilities join or cross.
   INTERSECTION SIGHT DISTANCE: The distance, assumed for design purposes, that a vehicle preparing to exit an intersection can see an approaching vehicle and enter the roadway accelerating to 85% of the design speed without causing the approaching vehicle to reduce its speed.
   ISLAND: A defined area between traffic lanes for control of vehicle movements or for pedestrian refuge.
   ITE: The Institute of Transportation Engineers.
   ITE TRIP GENERATION: The most recent edition of and any supplements thereto of the informational report ITE Trip Generation, and any successor documents.
   LAND-USE: See Use.
   LAND-USE DENSITY: An intensity measurement usually expressed in terms of the number of units or square feet of a particular land-use permitted to be built, constructed, or placed on a defined parcel of land.
   LEVEL OF SERVICE: Qualitative measure describing operational conditions within a traffic stream as defined in the Highway Capacity Manual.
   LOT: A single legally divided parcel of land. A lot of record which is part of a subdivision, the plat of which has been duly authorized and recorded in the office of the Recorder of Deeds of McHenry County, Illinois and are in conformance with the McHenry County Subdivision Ordinance and/or State Plat Act.
   LOT, CORNER: A lot abutting on two roads at their juncture.
   MAINTENANCE EASEMENT: A permitted, platted easement outside of the right-of-way for the maintenance of roadway related improvements.
   MAINTENANCE GUARANTEE: A financial guarantee, preferably in the form of an Irrevocable Letter of Credit or Cash Bond, used to replace the Performance Guarantee upon acceptance of the permitted and constructed work by the McHenry County Division of Transportation (MCDOT).
   MCDOT: The McHenry County Division of Transportation.
   MCHENRY COUNTY DIVISION OF TRANSPORTATION: County department tasked with administering and enforcing the requirements of this Ordinance, includes the County Engineer or his designated representative.
   MEDIAN: A portion of a divided highway or divided driveway separating the traveled ways for traffic flowing in opposite directions. A median can either be raised or flush.
   MEDIAN OPENING: A gap in a median provided for crossing and turning vehicles.
   MODIFICATION: Any alteration to an existing access facility that would change the size, shape, area, or otherwise alter the physical configuration of the access. Routine maintenance of an access is not considered a modification.
   MUTCD: The Manual on Uniform Traffic Control Devices for Streets and Roads as adopted by the Federal Highway Administration.
   MUNICIPAL UTILITY: A utility owned, maintained and operated by a municipality.
   MUNICIPAL UTILITY EASEMENT: A platted easement, outside of the County Highway right-of-way that is for the use and benefit of a municipality to accommodate utilities or facilities as defined by this Ordinance.
   OWNER: The person having the right of legal title or beneficial interest in or a contractual right to purchase a lot or parcel of land.
   PARCEL: Any legally described piece of land.
   PEAK-HOUR VOLUME: The highest hourly vehicular volume observed, or anticipated, at the point of analysis during a normal day.
   PERFORMANCE GUARANTEE: A financial guarantee, preferably in the form of an Irrevocable Letter of Credit or Cash Bond, to insure that all permitted work will be completed in compliance with this Ordinance and the conditions of the permit.
   PERMIT: Written permission to perform specified work within the County right-of-way. Conditions and specifications are considered part of the permit.
   PERMITTEE: An individual, company, agency, corporation, organization or other party that is issued a permit to construct access, roadway, facility or other improvements within the County highway right-of- way.
   PERSON: Any individual, public or private firm or corporation, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies, and instrumentalities, and any agent, servant, officer, or employee of any of the foregoing.
   PLAT: A plat of survey defines the boundaries of a parcel of lane, as required by law.
   PRELIMINARY PLAN: A plan, preliminary in nature, showing proposed development, driveway, and road intersection geometries, and all engineering and physical planning elements.
   PRIVATE ROAD: A road in which there is no public interest and for which no public agency had jurisdictional or maintenance responsibilities.
   PROFESSIONAL ENGINEER: An engineer registered in the State of Illinois under the Illinois Professional Engineering Act.
   PROFESSIONAL LAND SURVEYOR: A surveyor registered in the State of Illinois under the Illinois Land Surveyor Act.
   PROFESSIONAL TRAFFIC OPERATIONS ENGINEER (P.T.O.E.): A Professional Engineer who has been certified as a P.T.O.E. by the Transportation Professional Certification Board (T.P.C.B.).
   PUBLIC UTILITY COMPANY: Utility company subject to the regulation of the Illinois Commerce Commission
   RECAPTURE AGREEMENT: An agreement authorizing the owner of a property upon which an access facility is constructed to recapture a pro-rata portion of the cost of that facility from the owners of properties served by the facility.
   RESTRICTED ACCESS: An access that has geometric restrictions that limit specific traffic movements to and from the roadway.
   RETENTION BASIN: A facility designed to completely retain a specified amount of stormwater runoff without release except by means of evaporation, infiltration, emergency bypass or pumping.
   RIGHT-OF-WAY: A strip of land occupied or intended to be occupied for public road purposes.
   RIGHT-OF-WAY LINE: The boundary between the land acquired for or dedicated to highway use and abutting property.
   ROAD: A private or public way, however designated, for vehicular travel, including rights- of-way, bridges, drainage structures, signs, guardrails, protective structures and all other structures and appurtenances necessary or convenient for vehicular traffic.
   SHARED ACCESS: An access facility used jointly by two or more properties.
   SHARED ACCESS EASEMENT: An easement appurtenance permitting common access from and through adjacent properties pursuant to specified terms and conditions.
   SHOULDER: The portion of the highway contiguous with the traveled way for the accommodation of stopped vehicles and for emergency use.
   STRATEGIC REGIONAL ARTERIAL (SRA): An arterial street designated by the Illinois Department of Transportation. Additional right-of-way and/or increased pavement thickness may be required on SRA’s.
   STANDARD SPECIFICATIONS: The most recent edition of the Standard Specifications for Road and Bridge Construction and also included by reference to the standard specifications, the most recent editions of the Supplemental Specifications and Recurring Special Provisions, and all amendments and successor documents to the aforementioned documents published by IDOT.
   STATE’S ATTORNEY: The State’s Attorney of McHenry County, Illinois.
   STOPPING SIGHT DISTANCE: The distance, assumed for design purposes, required for a vehicle traveling at the design speed to stop after an object on a roadway becomes visible. It includes the distance traveled during driver perception and reaction times and the vehicle braking distance.
   STORM SEWER: A closed conduit for conveying stormwater.
   STORMWATER DRAINAGE FACILITY: Any element in a stormwater drainage system which is made or improved by people.
   STORMWATER DRAINAGE SYSTEM: All facilities used for conveying stormwater to, through, or from a drainage area to the point of final outlet.
   STRUCTURAL ENGINEER: An engineer who is licensed in structural engineering and whose principal professional practice is in the field of structural engineering.
   STRUCTURE: Anything constructed, erected, or placed which has location in or on the ground or is attached to something having a location on the ground.
   SUBDIVISION: Development of a parcel of land; any division or re-division of a parcel of land into two or more parts by means of mapping, platting, conveyance, change, or rearrangement of boundaries, or the subdivision of land, as defined by an applicable municipal or county ordinance.
   SURVEYOR: A licensed Professional Land Surveyor registered in the State of Illinois under the Illinois Land Surveyor Act.
   TEMPORARY ACCESS: An access facility permitted for a specific time period and with restrictions on usage. Such access may be granted for preliminary site work or as a temporary facility for special events or any other non-permanent use. Typically used as a construction entrance to a site.
   TRAFFIC CONTROL DEVICES: All signs, signals, markings, and devices, which conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
   TRAFFIC ENGINEER: An engineer whose principal professional practice is in the field of traffic engineering.
   TRAFFIC IMPACT STUDY: A comprehensive collection and analysis of all information necessary to accurately evaluate the effect and impact of traffic generated by a development on the current and future road network surrounding the development.
   TRAFFIC SIGNAL WARRANT STUDY: A study conducted to determine if a proposed traffic signal meets the warrants based on the most recent edition of the MUTCD and if the installation of such a signal will improve the overall safety and/or operation of the intersection.
   TRANSPORTATION COMMITTEE: A subcommittee of the County Board or its successor committee.
   TURNAROUND: An area utilized by vehicular traffic to change direction.
   TURNING LANE: An auxiliary lane, including tapered areas, primarily for the deceleration and queuing of vehicles leaving the through lanes.
   TURNING MOVEMENT: Vehicles making a designated turn.
   USE: The purpose or activity for which land, or any structure thereon, is designated, arranged, of intended, or for which it is occupied or maintained.
   UTILITY: A privately, publicly or cooperatively owned lined facility or system for producing, transmitting, or distributing communications, cable television, power; electricity, light, heat, gas, oil, crude products, potable water, steam, and sanitary sewer systems.
   UTILITY EASEMENT: A platted easement, outside of the County Highway right-of-way that is for the use and benefit of a public or private utility to accommodate their utilities or facilities as defined by this Ordinance.
(Ord. O-200811-82-068, passed 11-6-2008)