The Illinois Compiled Statutes, as amended, provide for the County Board and the County Engineer to have authority and supervision of County Highways. This Ordinance is adopted in order to protect and preserve the public safety, health and general welfare as they relate to the operation and use of County Highways and their associated right-of-way. Provided below Is a partial listing of references to the Illinois Compiled Statues from which authority is granted for the establishment of regulations relating to access and other uses of the County Highway System:
A. 605 ILCS 5/5-413 of the Illinois Compiled Statutes, as amended, provides for permitting of access roads and driveways for public and private use upon receipt, of a permit from the County Engineer and in accordance with regulations adopted by the County Board.
B. 605 ILCS 5/5-414 of the Illinois Compiled Statutes, as amended, provides for the temporary dosing of a County Highway upon receipt of a permit issued by the County Engineer.
C. 605 ILCS 5/5-101.7 of the Illinois Compiled Statutes, as amended, provides the County Board with the ability to accept funds from any source (public or private) to construct and improve County Highways.
D. 605 ILCS 5/8-101 and 5/8-102 of the Illinois Compiled Statutes, as amended, grants County Boards the authority to designate highways under their jurisdiction as freeways and to grant or deny any new points of access, or allow for the modification or other changes to any exiting point of access.
E. 605 ILCS 5/9-101.1 of the Illinois Compiled Statutes, as amended, states that if a county highway adjoins a parcel of land to be subdivided, the subdivider shall notify and offer the County the opportunity, at the County’s cost, to acquire additional capacity in any stormwater detention facility for the future availability of the highway authority to meet stormwater detention requirements for future highway improvements.
F. 605 ILCS 5/9-113 of the Illinois Compiled Statutes, as amended, provides for the County to develop rules and regulations for the installation of any public or private utilities, ditches or drains along any County Highway, and requires written consent from the County in order to place such utilities or other facilities within the right-of-way of a County Highway.
G. 605 ILCS 5/9-115.1 of the Illinois Compiled Statutes, as amended, requires that detention facilities be offset from the right-of-way at a distance equal to 10 feet plus one and one-half times the depth of the drainage facility and also requires that the “toe” of any earthen berm be offset from the right-of-way at a minimum distance of 10-feet unless written approval from the County is provided.
H. 765 ILCS 205/2 of the Illinois Compiled Statutes, as amended, requires that written approval be obtained from the appropriate local highway authority regarding highway access prior to final approval and recording of a plat. For County Highways, the written approval would come from the County Engineer.
(Ord. O-200811-82-068, passed 11-6-2008)