A. In order to provide for the safe placement of utilities and facilities within the rights-of-ways of County Highways, safeguard the motoring public, promote the orderly and efficient use of public rights-of-way and to ensure that said placement of utilities and facilities does not inhibit the County’s ability to maintain, operate and improve the County Highway System it is hereby declared to be the policy of the County to regulate the placement, removal, relocation, modification, or abandonment of utilities and facilities within the rights-of-way of County Highways through the rules, requirements and regulations established by this Ordinance and the specifications, requirements and conditions contained in the Permit Procedures and Requirements Manual.
Illinois Statute (605 ILCS 5/9-113) requires approval by the appropriate highway authority for the placement, removal, relocation, modification, or abandonment of utilities and facilities within public highways including their placement within the rights-of-way of County Highways. For County Highways in McHenry County, the appropriate highway authority shall be the McHenry County Division of Transportation.
B. Any public utility company, municipal corporation or other public or non-public corporation, association or person may request permission to locate, place or construct upon, under or along any highway, utilities or facilities provided that the entity receive written consent from the McHenry County Division of Transportation prior to the placement of the utility or facility within the right-of-way of a County Highway. However, because it is impossible to anticipate the future needs of the County Highway System, the McHenry County Division of Transportation has the right to deny any application for the placement of utilities or facilities for any reasonable cause or for safety concerns when such placement would, in the opinion of the McHenry County Division of Transportation be detrimental to current or future needs of the County Highway System.
COMMENTARY: The primary function of a County Highway and its associated right-of-way is for highway purposes by the motoring public. The placement, removal, relocation, modification, or abandonment of any utility or facility within the right-of-way is secondary and subservient to providing for the safe and efficient movement of vehicular traffic on a County Highway. Given the limited space available in County Highway rights-of-way and the need to provide for the placement and improvement of roadway pavement and associated appurtenances, these highway related uses must take precedence and priority over the placement, removal, relocation, modification or abandonment of any utility or facility within the right-of-way of a County Highway.
C. The absence of rules and regulations governing utility and facility placement results in conflicts between the utilities and facilities and the highway pavements and appurtenances. These conflicts can result in significant costs to the County and utility/facility operators to resolve. These regulations are adopted in order to minimize these conflicts and thereby assist in the efficient operation, maintenance and improvement of the County Highway System.
(Ord. O-200811-82-068, passed 11-6-2008)