In certain circumstances, it may be advantageous to the motoring public to construct access improvements as part of a larger overall improvement or in conjunction with programmed County Highway Improvements. In order to minimize disruptions to the public, the County Engineer may require access related improvements to proceed in a coordinated and comprehensive manner.
A. Programmed Improvements.
1. If McHenry County has a highway improvement programmed for the section of County Highway for which a permittee is applying for access and the permittee, in accordance with the provisions of this Ordinance is required to construct improvements to the County Highway as a result of the proposed access facility, then the County Engineer may recommend and require that both improvements proceed simultaneously and as a coordinated joint improvement.
2. For such improvements, the County Engineer shall have the option to require a formal joint agreement, to be approved by the County Board that shall specifically provide for the responsibilities and obligations of the County and the permittee as related to the joint improvement. Said joint agreement shall be prepared by the McHenry County Division of Transportation. Nothing in this section shall be construed as to relieve the permittee of any financial responsibilities related to an access facility.
3. If the permittee or’ the County Engineer determines that a joint agreement for an improvement is not appropriate, the County Engineer shall specify the conditions to be made part of the access permit such that the construction of the access facility does not interfere with the County’s proposed highway improvement project.
B. Ongoing Improvements.
1. In certain circumstances, the McHenry County may already have a highway improvement under construction for the section of County Highway for which an access is being requested. If said access, under the provisions of this Ordinance, requires improvements to the County Highway that is already under construction by the McHenry County Division of Transportation, then the County Engineer may recommend that the highway improvements required for the access facility be incorporated into the ongoing County Highway improvement project by means of a formal joint agreement or by a donation of money, from the party requesting access, to be made a part of the access permit. If a formal Joint agreement is recommended, the parties shall proceed forth as specified in § 10.12.270A.
2. If a donation of money is recommended by the County Engineer, the permittee shall have the option to agree in writing to an amount as determined by the McHenry County Division of Transportation based on the contract unit prices for the ongoing County Highway improvement. The amount shall be sufficient to cover the cost of the required access improvement, including engineering costs and construction supervision, preparation of plats and legal descriptions, appraisal and negotiation fees, and recording fees. The donation shall be subject to acceptance by the Transportation Committee In accordance with 605 ILCS 5/5-101.7 et seq., as amended. Nothing in this section shall be construed as to relieve the permittee of any financial responsibilities related to an access facility.
3. If the Transportation Committee elects not to proceed with a donation, the County Engineer may direct the McHenry County Division of Transportation staff to specify the conditions to be made a part of the access permit approval so that construction of the access improvement by the permittee required for the access facility shall not interfere with the ongoing County Highway improvement project.
C. Donations. The Transportation Committee, in accordance with 605 ILCS 5/5-101.7 et seq., as amended, shall have the authority to accept money or right-of-way (beyond the level identified as a minimum requirement in this Ordinance) or additional detention or compensatory floodplain storage donated from any source and to use the same for County Highway purposes to mitigate for impacts to the County Highway System from the proposed development.
D. Coordination of Development.
1. If property abutting a County Highway is being developed and access is requested to the County Highway, it shall be the responsibility of the permittee to effect any coordination necessary to comply with the requirements and provisions of this Ordinance and requirements of the governmental authority having land-use regulatory authority.
2. The issuance of an access permit by the McHenry County Division of Transportation shall not be construed as to relieve the permittee of any responsibility to secure any other permits or to comply with any requirements of any other governmental authority having any jurisdictional responsibilities as it relates to a development. The permittee shall also be responsible for securing any permits or complying with any other requirements of any governmental authority as they may relate to the construction of an access facility or related highway improvement.
E. Coordination of Adjacent Developments. If two or more separate properties abutting a County Highway are being developed during the same approximate time period and they are located in the same general vicinity of each other, the McHenry County Division of Transportation may require each permittee to cooperate jointly to design and construct their respective roadway access improvements as a joint and coordinated effort.
COMMENTARY: A joint improvement would require a single set of engineering plans and result in a single construction project for all of the required improvements, thus minimizing disruptions to the motoring public and reducing or eliminating the need for removal and reconstruction of newly placed roadway improvements that would typically have been installed by the first developer requesting access.
(Ord. O-200811-82-068, passed 11-6-2008)