A. Interpretation. The County Engineer shall render any interpretations of this Ordinance which are necessary to promote efficient administration and review of access, utility and facility requests. This Ordinance shall be interpreted strictly and in accordance with the standards set forth herein. Whenever any provision of this Ordinance overlaps, contradicts, or covers the same subject matter as any other provision of this Ordinance or any other County Ordinance, regulation or rule, the more restrictive or highest standard shall control.
B. Separability. Each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, word, provision, regulation, or restriction established by this Ordinance or any amendments thereto are hereby declared to be separable and independent, in accordance with the following:
1. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any provision of this Ordinance not specifically included in the judgment
2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, access, highway improvement, utility or facility, such judgment shall not affect the application of the provisions to any property, highway improvement, utility or facility not specifically included in the judgment.
C. Law Governing. In any controversy or dispute under this Ordinance or in any claims arising hereunder or related hereto, whether in contract or tort, they shall be governed by the laws of Illinois. Any suit regarding requirements of this Ordinance must be brought to a court of competent jurisdiction in McHenry County, Illinois.
D. Enforcement.
1. Compliance. No new access, utility or facility shall be approved or constructed and no existing access shall be modified, which does not comply with the provisions set forth in this Ordinance. Should an access, utility or facility be illegally placed within the County Highway right-of-way it shall be removed, if so directed by the McHenry County Division of Transportation by the person or party that constructed the illegal access, facility or utility at the sole expense of said person or party. If said person or party refuses, or fails to make or cause to be made such removal upon written notice, the McHenry County Division of Transportation shall have the right, but not the duty, to cause the removal of said illegal access, facility, or utility and to invoice the person or party responsible for the costs of said removal. Said notice, from the McHenry County Division of Transportation shall be given in writing, via certified mail, and shall allow the person or party responsible a minimum of thirty (30) calendar days, from receipt of notice, to perform said removal. Removal, as defined in this Ordinance, shall include restoration of the County Highway right-of-way to a like or better condition than existed prior to the illegal placement.
2. Division of Transportation Powers and Responsibilities. By authority of the County Board and adoption of this Ordinance, through powers vested through the Illinois Compiled Statutes, as amended, and all other applicable laws, statutes, orders, and regulations of the State of Illinois and the County of McHenry, the County Board of McHenry County hereby grants to the County Engineer and the McHenry County Division of Transportation the following powers and responsibilities regarding enforcement of this Ordinance:
a. To review, approve, and/or disapprove requests for access, utility and facility permits on County Highways.
b. To issue permits and maintain records thereof.
c. To establish a Permit Procedures and Requirements Manual to assist and guide the public through the permit application and procedures. The Permit Procedures and Requirements Manual shall also include technical engineering standards and requirements for type, extent and nature of the studies, drawings, sketches, plans, engineering plans, forms, applications, type of permits or any other types of documents that are needed for the administration and implementation of this Ordinance.
d. To update, revise, modify, and otherwise change the Permit Procedures and Requirements Manual including engineering standards, studies, drawings, sketches, plans, engineering plans, forms, applications, type of permits or any other types of documents that are needed.
e. To review, approve, disapprove, or cause changes and modifications to be made to all studies, drawings, sketches, plans, engineering plans, and other documents that are required by this Ordinance as they relate to access, utility and facility placement and related highway improvements.
f. To conduct inspections and field investigations as necessary to ensure compliance with the rules, regulations, and specifications of this Ordinance.
g. To institute any appropriate action as set forth in the Illinois Complied Statutes, as amended, or this Ordinance and to request that the State’s Attorney institute any proceedings to prevent unlawful construction, reconstruction, alteration, modification, enlargement, conversion, and/or unlawful use of an access or placement of an utility or facility within a County Highway right-of-way without a permit.
h. To advise the County Board on all proposed amendments to this Ordinance.
i. To maintain and update the Access Management Highway Classification Map.
j. To develop and place into use any forms, applications, sketches, drawings and/or permits to be used for the administration and interpretation of this Ordinance and to change, modify, and/or revise these documents as needed.
k. To render interpretations of this Ordinance in accordance with the provision set forth in § 10.12.130A.
l. To approve or disapprove plats in accordance with § 10.12.100.
m. To coordinate the requirements and provisions of this Ordinance with the governmental authority having land-use regulatory authority over a development taking access or developing property adjacent to a County Highway.
n. To collect, deposit in the County Highway Fund, and expend such funds as may be derived from any fees collected pursuant to this Ordinance.
o. To administer and carry out the provisions of this Ordinance in a period of time, as established by the County Engineer, set as a goal and not as a requirement, given staffing levels, workload, and budgeting constraints.
p. To act at the direction of the Transportation Committee in those matters relating to access improvements, utility and facility placement, and programmed or ongoing highway improvements, including the preparation of intergovernmental agreements, recommending participation by the County, either by monetary (donation) or physical means; establishing escrow accounts for future highway improvements; and collecting, depositing, and expending donations and such funds for County Highway purposes.
q. To perform other such duties as are required by this Ordinance.
(Ord. O-200811-82-068, passed 11-6-2008)