A. Any owner of property abutting a County Highway has the right of reasonable access. Indirect access via other existing or proposed streets or easements, or restricted access is considered reasonable access to a County Highway. The following policies shall be applied to all types of access.
B. 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.
1. Access Criteria. The criteria presented include the number of access facilities, their location with respect to adjacent access facilities and public streets.
a. Number of Access Points.
(1) Each development or property, regardless of the number of parcels, shall be limited to one full access point except as provided for otherwise in this Ordinance. For County Highways that are not designated as Freeways, one additional access point may be granted if it can be demonstrated that the Level-of-Service at the approved (initial) access point would be improved by a minimum of one letter grade of Level-of-Service and a minimum spacing requirement of one-quarter mile between full access points can be met. A Level-of-Service improvement above, a Level-of-Service “C” shall not warrant additional access points, whether full or restricted. If the approved initial access point is to be signalized, then no additional full access points shall be permitted.
(2) The McHenry County Division of Transportation may permit one additional restricted access point permitting right-turns in and right-turns out only, provided that the permittee clearly demonstrates a substantial need and complies with all the applicable provisions of this Ordinance. This option will only be considered where the enforcement of this restricted movement will be possible.
COMMENTARY: Where additional access points are requested to a County Highway, first consideration shall be given to supplemental access points, which restrict turning movements. Shared access points or indirect access from adjacent public streets is encouraged, and in some cases may be required instead of direct access and/or additional access points to a County Highway.
b. Existing Frontage on Multiple County Highways. When a property or development has frontage on more than one County Highway, access may be restricted to the County Highway having the lower Average Daily Traffic (ADT) volume based on McHenry County Division of Transportation ADT maps or recent traffic count data reviewed and approved by the McHenry County Division of Transportation.
c. Alignment with Existing Access Locations or Roads.
(1) Where an existing access facility or road is on the opposite side of the County Highway from an abutting property for which access is being requested, the proposed access point shall be aligned with the existing access facility or road.
(2) If the highway has an existing major access or public road on the opposite side of the highway from the proposed new major access and a left turn lane is required on the County Highway for the new major access based on the requirement of this Ordinance, then a left-turn shall also be constructed on the County Highway serving the existing major access on the opposite side regardless of whether the prior, existing major access had a left-turn lane (refer to the Permit Procedures and Requirements Manual for additional clarifications.)
(3) Given site specific characteristics or operational considerations on the County Highway, the McHenry County Division of Transportation may waive this requirement if, at a minimum the following conditions exist:
(a) The abutting property for which access is being requested has insufficient frontage to allow for the proper alignment with the existing access facility or road.
(b) The proposed point of access would not comply with other provisions and requirements set forth in this Ordinance.
(c) The alignment of the proposed access point with an existing access facility or road would be detrimental to traffic flow, result in undue delay, impede traffic operations, or impair traffic safety on the County Highway.
(4) In the event that a proposed access point is not aligned as provided for in this Section, the spacing of access points with existing adjacent access points and roads shall comply with the provisions of §§ 10.12.210B.1.c. and B.1.d.
d. Spacing of Adjacent Access Points.
(1) To enhance traffic safety and operations on County Highways and to function effectively, adjacent access shall be spaced to ensure safe and efficient traffic movements and operations.
(2) The minimum distance between adjacent full access points shall be determined by the distance required to provide full left-turn tapers and storage bays along the County Highway for inbound turning movements to each access facility regardless of the present need for said tapers and storage bays if none currently exist.
(3) If a property has inadequate frontage to meet these spacing requirements, the McHenry County Division of Transportation shall determine the location of the access point using the standards and provisions established by the Ordinance. The McHenry County Division of Transportation may require that the access facility be shared, that indirect access be used, or the access facility restrict turning movements.
e. Distance from Existing Public Streets.
(1) To enhance traffic safety and operations on County Highways, access point shall be located a sufficient distance from intersecting streets.
(2) The minimum distance between an access point and an intersecting street shall be determined by the distance required to provide full left-turn tapers and storage bays along the County Highway, for inbound turning movements, for both the access point and the intersecting street, regardless of the present need for said tapers and storage bays if none currently exist.
(3) If a property has inadequate frontage to meet this distance requirement, the McHenry County Division of Transportation shall determine the location of the access point using the standards and provisions established by the Ordinance. The McHenry County Division of Transportation may require that the access facility be shared, that indirect access be used, or the access facility restrict turning movements.
f. Proximity to Adjacent Intersections and Access Facilities-Extension of Improvements.
(1) If construction of the required improvements for an access location, as determined by this Ordinance, requires the widening and improvements to the abutting County Highway, and an existing intersection or major access facility falls within the limits of construction, then such widening or improvements shall extend through and beyond the intersection or access facility before tapering down to the existing pavement width. Exclusive left-turn lanes shall be provided at the existing intersection or access facility. In such instances, the McHenry County Division of Transportation shall determine the geometries and limits of construction of the widening and improvement to a County Highway based on traffic flow and traffic safety.
(2) If the limits of any required County Highway Improvements for an access location fall within seven-hundred (700) feet of the start of any through lane tapers of an existing widened section of a County Highway, then the required widening for the access improvements shall extend through both the tapered sections and intervening gap and match into the fully-widened section of the existing adjacent improvement in order to maintain through lane alignment and continuity. The 700-foot criteria is defined as the distance from the start of any existing through lane widening taper to the start of the proposed through lane widening taper for the required access improvement. Additional clarification is provided in the Permit Procedures and Requirements Manual.
g. Removal or Modification of Existing Adjacent Access Facilities. If construction of the proposed access interferes with, or causes the need for modification of an existing adjacent access point, the permittee may be required to remove, modify, relocate, or reconstruct said existing adjacent access in order to provide for the safe and efficient flow of traffic on the County Highway at the proposed access location. The cost of said modifications, relocation, or reconstruction shall be the sole responsibility of the permittee.
2. Restricted Turning Movements.
a. In certain instances, turning movements may be restricted at an access location. Conditions under which turning movements may be restricted are listed below:
(1) Where numerous access points exist and the spacing between them does not permit adequate left-turn tapers and storage bays for inbound vehicles without blocking adjacent access points.
(2) At access points close to an existing intersection where inbound or outbound left-turns would have to be made within areas where traffic is queued during any period of the day.
(3) Where other conditions, such as limited visibility (inadequate sight distance) prevent left turns in or left turns out from being made safely.
(4) Where a parcel of land is provided with more than one access point, such as indirect access or access to an existing adjacent street.
(5) Where a parcel of land has access provided by a signalized access point and an unsignalized access point, left-turns shall be prohibited at the unsignalized location.
(6) When other detrimental capacity, delay, operational, or safety conditions would result from permitting left-turns into or out of the access point.
b. Turning movement restrictions shall be enforced with barrier median or driveway channelization. The McHenry County Division of Transportation shall determine the type of channelization based on site conditions and the Highway Classification. Design standards and details are provided in the Permit Procedures and Requirements Manual.
3. Indirect Access.
a. Access to Other Streets. Access to a County Highway may be prohibited when a property abutting a County Highway has frontage on one or more other streets and reasonable access can be provided from said streets. The McHenry County Division of Transportation shall determine, on a site specific basis, whether access will be permitted to the County Highway if access to other streets is available.
b. Access to Out Lots and Corner Lots. Subdivisions or developments that result in the platting of out lots or corner lots must provide internal indirect access to these lots via cross-easements, frontage roads or other internal roadway system. Direct access to a County Highway from individual out lots or corner lots of a development shall be prohibited.
4. Provisions for Interconnect to Existing or Proposed Developments and Adjacent Properties.
a. New access locations for developments along a County Highway shall provide easements, roadways, and other means of future indirect access to allow for future connections to adjacent parcels or developments and to reduce the use of the County Highway as the sole means of traveling between adjacent developments or properties.
b. As a condition of access to a property or development, provisions for such easements and construction of the internal roadway system to the property lines shall be required. No plat of subdivision shall be approved and signed by the County Engineer unless said subdivision provides adequate provisions for Interconnection to existing or future adjacent developments and properties.
COMMENTARY: Internal connections between developments permit motorists to move between developments without forcing these trips between subdivisions or other destinations to overburden the County Highway System which increases congestion. Such interconnections provide for additional means of access for emergency responders, maintenance operations or other public agencies during periods of roadway construction, inclement weather or obstruction of roadways during emergencies.
5. Required Use of Shared Access. Certain geometric, visibility and site conditions or constraints may require that access between two or more developments or properties be shared. When individual parcel frontages are of such limited length that individual access points cannot be constructed and meet the spacing requirements of this Ordinance (see §§ 10.12.210B.1d., B.1.e. and B.1.f.) or adequate visibility (sight distance) cannot be provided along the frontage of an individual parcel or development, shared access with adjacent developments or properties may be required.
6. Changes in Land-Use or Land-Use Density.
a. The property owner or developer shall make application to the McHenry County Division of Transportation to request continued use of the existing access. The application shall be reviewed as if a new access is being permitted and all of the provisions of this Ordinance shall apply.
b. If a property is being re-subdivided or redeveloped, the existing access point(s) may require relocation, reconstruction, or the number of access points reduced to comply with the requirements of this Ordinance.
COMMENTARY: Some older residential subdivisions were developed on a grid system with each local street accessing the County Highway. Should these areas redevelop, some of the existing focal streets may be required to be closed (cul-de-sac) or be converted to restricted access (such as right-turns in/right-turns out only.) Older commercial developments often have multiple full access driveways, such as driveway for each building in a development. Upon redevelopment, consolidation of access points, or conversion of some of these access points to restricted access (right-turns in/right-turns out only) will be required.
7. Property Being Subdivided or Developed- Internal Circulation.
a. When property abutting a County Highway is to be subdivided or developed, direct access to a County Highway shall not be the sole means of access in lieu of an adequate internal traffic circulation system that could provide access to an existing public street (indirect access) or a County Highway of lesser volume (see § 10.12.210B.1.b.) Lack of an adequate internal traffic circulation system shall not be a reason to be granted additional access locations.
b. The internal circulation of a development shall not result in backing or other related turning maneuvers on, or within the County Highway right-of-way in order to access buildings or loading docks. Parking shall not be permitted within the County Highway right of way. Provisions for adequate turnarounds and parking shall be provided outside of the County Highway right-of-way.
8. Required Minimum Offset to Internal Roadways–Designated Freeways and Principal Arterials.
a. Any major access on a Designated Freeway or Principal Arterial shall have a minimum distance between the centerline of the County Highway and the centerline of the first continuous driveway or internal roadway of at least 400 feet. Refer to the Permit Procedures and Requirements Manual for additional guidance op this requirement.
b. If the minimum 400 feet cannot be accommodated, additional through lanes and auxiliary turning lanes will be required on the access approach roadway to accommodate the projected level of queuing on the access as estimated in the traffic impact study.
9. Previously Subdivided Lands. Land subdivided prior to the effective date of this Ordinance for which access is now being requested, shall comply with the requirements of this Ordinance to the extent possible. If the access requirements of this Ordinance cannot be met, a variance, in accordance with Article VIII of this Ordinance can be requested.
COMMENTARY: The design, or lack thereof, of internal roadways that link various portions of a development is not reason to request additional full access locations. For example, the internal traffic circulation of a retail development should allow traffic to move between buildings, out lots, and connect to adjacent commercial developments. Residential developments should not consist of a series of loop roads or cul-de-sacs that require multiple access, points on the County Highway and should instead loop and connect neighborhoods internally.
(Ord. O-200811-82-068, passed 11-6-2008)