A. 1. The County Highway rights-of-way serve a multitude of purposes beyond just the immediate area for the physical roadway pavement. Room is also needed for associated drainage and stormwater management facilities, snow storage, utilities and other facilities, to provide buffer areas for traffic safety, and to buffer the roadway from non-motorized facilities and adjacent development.
2. If the property abutting a County Highway is to be subdivided, developed, rezoned, undergoes a change in land use or density, or a Major Access facility, or Emergency Access is being requested, the permittee shall dedicate, or cause the dedication to occur, at no cost to the County, sufficient land for right-of-way to meet the requirements of this Ordinance. Dedication shall be across the entire frontage of a development and shall be the greatest of:
a. Minimum widths depicted on Table 10.12-1 based on the County Highway Access Classification
b. Minimum width to accommodate highway improvements required by this Ordinance
c. Widths identified in completed Phase I/feasibility studies conducted by the County, the Illinois Department of Transportation, or by others with County concurrence on the section of County Highway where access or development is being proposed.
3. If additional right-of-way is required from property not controlled by the permittee in order to construct the highway improvements required for a Major Access, then the permittee shall obtain the additional right-of-way in the name of the County at no cost to the County or the McHenry County Division of Transportation. The negotiation and acquisition process, including all associated costs, of this additional right-of-way is the responsibility of the party requesting access.
B. Right-of-way Radius at Intersections. The intersection of right-of-way lines between a County Highway and an intersecting street/road or Major Access facility that will become, or has the potential to become a public road or street shall be designed and platted in the form of a 35-foot by 35-foot right-of-way triangle. For County Highways classified as Principal Arterials or Designated Freeways, the right-of-way triangle shall be a minimum of 50-foot by 50-foot. Right-of-way triangles larger than the above minimums may be required by the McHenry County Division of Transportation if sight visibility (sight distance) issues are present or the nature of the required roadway improvements is such that additional area is required. Refer to the Permit Procedures and Requirements Manual.
C. Wording on Plats. The following wording shall be used to dedicate right-of-way on a plat of subdivision or a plat of dedication; “HEREBY DEDICATED FOR PUBLIC ROAD PURPOSES.”
D. Right-of-Way Encumbrances.
1. All right-of-way to be dedicated shall be free and clear of any existing encumbrances which would render the right-of-way in any manner or form, unusable for road purposes, or would in any manner or form, result in any extraordinary costs to the County at such times as said right-of-way is to be used for road purposes.
2. Conveyance of right-of-way by means other than a Plat of Subdivision shall result in a “fee simple” transfer of land. Quit Claim deeds are not an acceptable means to convey right-of-way to the County.
E. Objects, Utilities and other Facilities In the Right-of-Way.
1. No new objects, trees, plantings, bushes, landscaping, signs, rocks, debris, berms, detention or retention facilities or any other materials shall be permitted within the right-of-way. Any new utilities or new facilities requested for placement within the highway right-of-way shall be permitted separately pursuant to the requirements found in Article VI of this Ordinance.
2. In those instances where additional right-of-way is being dedicated as required by this Ordinance, existing objects, trees, plantings, bushes, landscaping, signs, rocks, debris, berms, detention or retention facilities, and other such obstacles may be required by the McHenry County Division of Transportation to be removed from or relocated outside of the new right-of-way line along the entire frontage of the development.
3. Existing above ground utilities shall be relocated to the right-of-way line (outside edge of the right-of-way adjacent to the private property line) across the entire frontage of the development. Underground utilities and facilities shall be relocated to ensure that the utilities or facilities are out from under proposed pavement, shoulders and/or curb lines and in areas as required through the McHenry County Division of Transportation permitting process, or that would interfere with the structure of the roadway base.
4. Underground utilities and facilities that would be in such a location as to cause disruption to the roadway pavement and motoring public by routine maintenance activities of the utility or facility shall also be relocated out from under proposed pavements, shoulders and/or curb lines.
F. Right-of-Way Restoration. Upon completion of any construction work within the County Highway right-of-way, the right-of-way shall be restored by the permittee to the same or better condition than existed prior to the work. Those facilities and roadway appurtenances (signs, guardrail, culverts, etc.) within the County Highway right-of-way that are damaged as a result of the permitted work shall be repaired or replaced immediately by the permittee to the satisfaction of, and at no cost to, the McHenry County Division of Transportation.
G. Plat of Subdivision Requirements and Other Permit Coordination. The Plat Act (765 ILCS 205/2) requires simultaneous submittal of preliminary and final plat of subdivision to both the municipality in which the subdivision is located and to the McHenry County Division of Transportation for subdivisions that front a County Highway and/or are requesting access to a County Highway.
1. Requirements Prior to Signature by County Engineer. The primary concerns for plat review and approval are safety, number, location and type of access points, future highway needs, provision for utilities outside of the right-of-way, and the related impacts to the County Highway System. The County Engineer may not sign a plat that is submitted for review and approval by the permittee if there are unresolved issues regarding permit submittal requirements, access location, extent and nature of roadway improvements as required by this Ordinance, or inadequate right-of-way to construct the required improvements.
2. Sidewalk or Shared-Use Path Easements - Plat of Subdivision. Separate easements may be required to be platted outside of any required dedication of right-of-way to allow for the installation of any required, or planned future sidewalks or shared-use paths. Said easements shall extend across the entire frontage of the subdivision adjacent to the County Highway and may occupy the same area as any municipal utility/facility easement. The municipality having jurisdiction over the approval of easements outside of the right-of-way should be contacted to determine the requirements for joint-use easements and requirement for sidewalks or shared-used paths.
c. Plat of Subdivision or Dedications- Submittal of Recorded Documents. Any required Plat of Subdivision, Plat of Dedication, or other instrument conveying fee simple title of land for right-of-way shall be properly recorded and copies of the recorded document, with document number, submitted to the McHenry County Division of Transportation. Failure to submit recorded copies of plats or other documents may result in the McHenry County Division of Transportation withholding issuance of an access permit or the release of Performance Guarantees for required highway improvements.
d. Plat Language and County Highway Certificate.
(1) Specific language notes and required County Highway Certificates specifically related to the County Highway, or access points and right-of-way will be required for any plat that requires signature by the County Engineer.
(2) The following notes shall appear individually on all plats that have frontage on a County Highway and/or are requesting access to a County Highway.
(a) Proposed right-of-way shall be labeled as “HEREBY DEDICATED TO MCHENRY COUNTY FOR PUBLIC ROAD PURPOSES”.
(b) Existing right-of-way shall be labeled as “Heretofore Dedicated for Public Road Purposes”. If the existing right-of-way was by previous dedication, the document number for that dedication shall be referenced on the Plat.
(c) The County Highway name and County Highway Route number shall be provided on the Plat. County Highway names and corresponding County Highway Route numbers can be found in the Permit Procedures and Requirements Manual.
(d) All Plats of Subdivision shall include an access restriction note that states: “Direct access to the County Highway known as , Route , from lots number is prohibited”. All lots shall be listed by number individually for all properties with frontage on the County Highway (e.g. lots 1, 2, 3 and 4, not lots 1-4).
(e) The following note shall be placed on all plats: “In accordance with Chapter 605, Act 5, § 9-115.1 of the Illinois Highway Code, it is unlawful for any person to construct or cause to be constructed any drainage facility for the purpose of detention or retention of water within a distance of 10 feet plus one and one half times the depth of any drainage facility adjacent to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway. It is unlawful for any person to construct, or cause to be constructed any earthen berm such that the toe of such berm will be nearer than 10 feet to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway”.
(f) Include a signature block for the County Engineer as provided in the Permit Procedures and Requirements Manual.
(Ord. O-200811-82-068, passed 11-6-2008)