A. The location and overall control of access points, whether full or restricted, is necessary to provide efficient, productive and safe highway operations for motorists using highway facilities. The use of frontage roads, joint access and interconnection to other adjacent properties, whether existing or proposed, or indirect access to the County Highway System via other existing or proposed roads, whether State, County, Township or municipal roads, may be required and be used as the sole means of access to a property. In all cases, the operational characteristics of the new access point must meet traffic engineering criteria for safe traffic operations as required by this Ordinance. In many cases, roadway improvements including, but not limited to turning lanes, medians, turning restrictions, traffic signals, and roadway lighting may be required and shall be funded and constructed by the permittee in order to ensure safe traffic operations and visibility.
B. An access permit issued by the McHenry County Division of Transportation shall be required for the construction of any new access facility and any related improvements required by this Ordinance, including, but not limited to, widened pavements for additional lanes, shoulders, ditches, storm drainage facilities, or the modification or replacement of any existing access facility within the right-of-way of a County Highway when the work is being performed by any person, developer, contractor, or public agency other than McHenry County.
C. Any access and associated highway improvements shall be constructed by, and at the sole cost of the property owner(s) or developer(s) and at no cost to McHenry County or the McHenry County Division of Transportation.
D. An access permit shall also be required when a
change in use of the access facility or change in the land-use or land-use density occurs and the continued use of an existing access is proposed. Changes in land-use or land-use density may result in a change in the number of vehicles using an access facility. Therefore, modifications, improvements, additional right-of-way dedications or revisions may be required to the access facility and/or the County Highway to accommodate the change in traffic.
COMMENTARY: Redevelopment of an existing gas station to include a convenience store and car wash is an example of a change in land-use density and use. Expansion of a commercial building to include additional stores, or offices above is another example of a change in land-use density.
E. An access permit shall not be required for a public agency when an intergovernmental agreement covers the work involved therein or at such times as the County Engineer is exercising statutory supervisory authority.
F. Ancillary facilities such as utilities, traffic signals, sidewalks, multi-use paths, lighting, etc. that may accompany a private development and that may be requested to be placed within a County Highway right-of-way shall be permitted, if the placement of said facilities in the right-of-way is acceptable to the McHenry County Division of Transportation, separately from the access. Articles V and VI of this Ordinance contain the permit requirements for utilities, facilities, and other types of permits.
G. Requirements for access to a County Highway are based on two factors:
1. The Classification of the County Highway from which the access is being permitted
2. The type of access (Major, Minor, Temporary, Emergency)
H. The party requesting access must specify the type of access being requested. If the access type is unknown or ambiguous, the party requesting access shall consult the McHenry County Division of Transportation. The County Engineer has the responsibility and final authority for determining the access type.
I. To assist a property owner, developer, their engineer, contractor, public agencies or any other applicant in the administrative, procedural and engineering requirements of this Ordinance, please refer to the Permit Procedures and Requirements Manual.
(Ord. O-200811-82-068, passed 11-6-2008)