A. 1. In general, the temporary full or partial closure of a County Highway shall not be permitted unless it is demonstrated that no other feasible option exists and it is clearly demonstrated that a suitable detour route exists that will not unduly delay the motoring public. Temporary closures shall not impact the peak periods of traffic flow in the morning, late afternoon and evening or as further restricted by the McHenry County Division of Transportation. Temporary closures for emergency repairs, natural disasters or other states of emergency are exempt from these regulations.
2. Temporary closure of a County Highway shall not result in any manner or form of actual or incurred costs to the County. The County shall not be responsible for advance notification of temporary closures, the detour route, traffic control, including signage and police/Sheriff presence or assistance if required. The McHenry County Division of Transportation has the sole authority to request that the permittee have police or Sheriff’s presence during the detour.
3. Examples of a temporary highway closure covered under this section include, but are not limited to:
a. Movement of buildings or other large structures or appurtenances across a County Highway
b. Setting of overhead structures such as pedestrian bridge.
c. Parades, marathons, festivals or other special events.
d. Filming of movies or commercials
B. General Requirements.
1. Unless required for emergency repairs, natural disasters, or other states of emergency, only those County Highways that are designated as Arterials or Other on the Access Classification Map are typically eligible for temporary highway closures.
2. Temporary closure and application of procedures of any County Highway shall be at the sole discretion of the McHenry County Division of Transportation and may require additional conditions of approval, including, but not limited to, significant coordination with local and regional emergency service agencies, notification of media outlets, placement of changeable message signs on the route prior to the closure, etc.
3. Extension, placement, modification, adjustment, or enlargements of utilities or facilities as governed by Article VI of this Ordinance are not eligible activities for temporary closure of a County Highway.
4. Temporary closure of a County Highway to reduce installation and construction costs is not a legitimate reason under this Ordinance to permit a temporary closure. Cost is not a deciding factor is determining whether an alternate to closure of a County Highway is feasible.
C. Access for Emergency Service Providers. In the event a temporary closure is permitted, provisions must be made to allow for the safe passage of emergency vehicles through the closed portion of roadway. If it is not feasible to permit passage of emergency vehicles during the closure, written approval must be provided by all emergency service providers within a 10-mile radius and the County’s Emergency Management Agency (EMA) and Sheriffs Department indicating that it will not have a significant impact on their response or transport activities. The McHenry County Division of Transportation may require additional approvals by other emergency service providers as deemed necessary by the McHenry County Division of Transportation.
D. Detour Requirements.
1. The permittee shall be responsible for providing adequate and advance notification of a temporary closure, including advance communication of detour routes. The requirements for said advance notification are provided in the Permit Procedures and Requirements Manual.
2. The permittee shall be responsible for the advance placement, operation, and maintenance of all traffic control devices including signing, changeable message signs, temporary traffic signals, and other devices that may be required for the temporary closure of a County Highway. Said devices shall be inspected, maintained, repaired, and replaced by the permittee as required.
E. Access to Adjacent Property and Property Owner’s Permission.
1. Written approval from all adjacent property owners within the limits of the temporary closure who will be affected shall be obtained by the Permittee, with copies submitted to the McHenry County Division of Transportation, prior to issuance of a permit. The permittee shall be responsible for accommodating access to adjacent properties and/or providing suitable measures for parking of vehicles unable to access said properties. Temporary parking of vehicles must be accommodated outside of the right-of-way of the County Highway and such provisions must be approved by the McHenry County Division of Transportation prior to issuance of a permit.
2. Failure of the permittee to obtain written permission from adjacent property owners can be just cause for the McHenry County Division of Transportation to deny Issuance of a permit or to suspend or revoke an issued permit.
F. Other Requirements.
1. Any activities associated with the temporary closure shall be subject to the requirements of § 10.12.350I. and J. of this Ordinance as they relate to the protection of pavement and other appurtenances, restoration of right-of-ways, including the removal of any debris, litter, signs, or other appurtenances that were temporarily in place during the closure.
2. In the event that the permittee fails to remove any debris, litter, signs, or other appurtenances that were temporarily in place during the closure upon cessation of the temporary closure, the County reserves the right, but does not have the duty to, perform those activities necessary to remove any debris, litter, signs, or other appurtenances that were temporarily in place during the closure without advance notification and bill the permittee for said costs.
G. Revocation of Permit.
1. The County reserves the right to require the cessation of all work and removal of the temporary closure if any of the requirements of this Ordinance or additional regulations, requirements and conditions imposed by the permit have not taken place or if, in the opinion of the County, the traffic control requirements are not in accordance with the requirements of the permit.
2. The County shall not be responsible for any damages, monetary or otherwise, resulting from revocation of the permit.
(Ord. O-200811-82-068, passed 11-6-2008)