Written authorization in the form of a permit issued by the McHenry County Division of Transportation, is required prior to the construction of any new access facility, modification of any existing access facility or the construction of any temporary access or the commencement of any construction activities within the County Highway right-of-way. Permit applications, forms and other administrative procedures are contained within the Permit Procedures and Requirements Manual.
A. Definition of Access Permit Classifications.
Access to a County Highway shall be granted via one of four (4) types of access permit classifications. Access Permit classifications are a function of the traffic volumes that the access will generate and the usage of the access. The four (4) classifications of permits followed by their definitions are:
1. Minor Access Permit
2. Major Access Permit
3. Temporary Access Permit
4. Emergency Access Permit
B. Minor Access.
1. A Minor Access is one which serves property abutting a County Highway, has an anticipated ADT volume of no more than fifty (50) trips, as estimated utilizing the latest edition of the Institute of Transportation Engineers trip generation statistics, and has no regular use by vehicles or vehicle combinations of three axles or more (personal recreational vehicles and agricultural field equipment excluded.)
COMMENTARY: Land uses that would potentially quality for a Minor Access are farm entrances, small residential developments (one to four houses), apartment complex with less than 8 units, or an office building with less than 3,000 square feet df gross area.
2. Administrative and processing requirements for Minor Access permits are contained within the Permit Procedures and Requirements Manual
C. Major Access. A Major Access is one which serves property abutting a County Highway and has an anticipated ADT volume of more than fifty (50) trips, as estimated utilizing the latest edition of the Institute of Transportation Engineers trip generation statistics. Major accesses have an impact on the capacity, use and traffic flow of the adjacent County Highway, Because of these impacts, all applicants for a Major Access Permit shall meet with the McHenry County Division of Transportation at the initial planning stages of the development to discuss location, basic requirements, and future changes or plans for the County Highway. Detailed permit application requirements and further guidance are provided in the Permit Procedures and Requirements Manual. All Major Access Permits requests require, at a minimum, submittal of a Traffic Impact Study (T.I.S.) as defined in § 10.12.260B. of this Ordinance.
COMMENTARY: Land uses that would require a Major Access are residential or commercial subdivisions, office buildings/complexes, individual businesses such as restaurants, office or service businesses, institutional or public buildings such as schools, governmental buildings or churches with larger congregations, day care, or preschool facilities.
D. Temporary Access.
1. A Temporary Access is one which serves property abutting a County Highway and is used for a specified purpose for a short duration of time, typically less than 12 months, and then is removed in its entirety or is replaced with either a Major Access or Emergency Access.
COMMENTARY: Examples of temporary access are temporary access for construction of on-site utilities, special events, construction access to backyards, or access, for a construction entrance to begin initial site preparation work such as mass grading, construction of the internal road system and installation of main utility lines.
2. Temporary Access permits for utility and initial site work on property that will be served by a Major Access Permit shall be issued at the discretion of the McHenry County Division of Transportation and only at such time as a Major Access Permit has been applied for, a Traffic Impact Study and Preliminary Plat has been previously submitted to the McHenry County Division of Transportation for review, and the location and extent of improvements required for the Major Access have been agreed to by the McHenry County Division of Transportation.
3. The Temporary Access shall not be used to access, construct or occupy any home(s) or building(s) within a development unless specifically authorized in writing by the McHenry County Division of Transportation. The Temporary Access shall not be used to access and occupy any home or building within a development in lieu of the internal access being constructed.
4. The permittee shall notify, or require their contractor to notify the McHenry County Division of Transportation prior to the installation of the access to provide for scheduling of inspections by the McHenry County Division of Transportation In accordance with the conditions attached to the permit and as specified in the Permit Procedures and Requirements Manual.
5. All temporary access locations shall be removed by the expiration date indicated on the permit and all disturbed areas of the highway right-of-way restored to a pre-construction condition or better, unless the temporary access is replaced with Major Access. An extension of the time period for the temporary access will be considered by the McHenry County Division of Transportation upon written request from the permittee.
6. The installation and continued maintenance of a Temporary Access shall be the responsibility of the permittee and shall be installed and maintained in accordance with the specifications, conditions and requirements of the McHenry County Division of Transportation as attached to the permit and as provided in the Permit Procedures and Requirements Manual. The continued cleanup of any mud, dirt, aggregate, or other debris that may be tracked out of a Temporary Access onto the County Highway shall be a condition of approval of said Temporary Access. Failure to adequately maintain the temporary access and keep the County Highway pavements free of any mud, dirt, aggregate, or other debris may result in revocation of the permit and removal of the access as outlined below.
7. Failure by the permittee to remove a permitted Temporary Access after the expiration date of the permit is a violation of this Ordinance and may result in the assessment of fines, in accordance with Article III of this Ordinance, until such time as the access has been removed. If the permittee should fail to remove the access, the McHenry County Division of Transportation will facilitate such removal and shall bill the property owner or permittee for the expense of such removal including fines, administrative and legal costs if so incurred by the County.
8. In the event the McHenry County Division of Transportation determines that the permittee is using the Temporary Access for purposes, or for a period of time, not in conformance with this Ordinance or any approved conditions that were a part of the Temporary Access permit, the McHenry County Division of Transportation may require the removal of said Temporary Access by the permittee or have the access removed by County forces and invoice the permittee for said costs to remove the access and restore the County Highway right-of-way.
9. In the case of residential or commercial developments, the site development plans and access plans to the County Highway shall include a design to show the temporary access geometries, location, pavement section and signage to the standards as set forth by the McHenry County Division of Transportation. Reference the Permit Procedures and Requirements Manual for geometric, pavement and signage details required for a Temporary Access.
10. Prior to the issuance of a Temporary Access Permit the owner shall provide sufficient financial guarantees and evidence of insurance to safeguard claims against the County for such work. Depending on the type and magnitude of the work, the McHenry County Division of Transportation may require both Performance and Maintenance guarantees. Article IX of this Ordinance defines the requirements for Performance and Maintenance guarantees.
E. Emergency Access.
1. The installation of emergency access points on County Highways is discouraged, in some cases may not be permitted, and should only be used when providing other means of indirect access are not feasible. An Emergency Access is one which serves property abutting a County Highway and is used exclusively by emergency response providers, such as fire and rescue agencies for purposes of accessing areas of a development in times of emergency or natural disaster whereby normal street access is blocked.
2. Issuance of an Emergency Access permit shall be at the sole discretion of the McHenry County Division of Transportation and shall be reviewed on a case-by-case basis taking into account site specifics conditions and constraints. Written documentation requesting and justifying the Emergency Access shall be provided by the local emergency agency or local authority having jurisdiction over the property requesting access and is required as part of the McHenry County Division of Transportation’s review process.
3. Emergency access shall not be provided at a signalized intersection on a County Highway.
4. Emergency access driveways shall be gated with a locking mechanism and shall be designed to discourage use by unauthorized vehicles and shall be maintained by parties other than the McHenry County Division of Transportation.
5. Signage shall be designed and installed on the gate structure facing the County Highway. The construction material used within the County Highway right-of-way shall be as specified by the McHenry County Division of Transportation. Reference the Permit Procedures and Requirements Manual for geometries, materials, gate and signage details and other requirements for Emergency Access driveways. All gates and related appurtenances shall be located outside of the County Highway right-of-way.
(Ord. O-200811-82-068, passed 11-6-2008)