A. Earthen Berms.
1. Earthen berms are not permitted within the right-of-way of a County Highway. Berms on property adjacent to the County Highway shall conform to the statutory requirements, which state:
“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.”
605 ILCS 5/9-115
2. The berm shall not obstruct visibility at intersections and access points, and shall not obstruct natural drainage or pre-existing man-made drainage patterns.
B. Stormwater Management Facilities.
1. Detention and retention basins, or any appurtenance thereof, shall not be permitted within the right-of-ways of a County Highway. Such facilities shall be located In accordance with statutory requirement, which state that said facilities shall be offset from the right-of-way at a minimum distance of ten (10) feet plus one and one-half times the depth of the detention or retention basin.
2. Those detention or retention facilities. whose location satisfies the requirements of this Ordinance, but are still within the clear zone of the highway and could pose, or potentially pose, a safety hazard to vehicles leaving the right-of-way may be required to be offset from the right-of-way at a greater distance or require additional protection as deemed necessary by the McHenry County Division of Transportation.
C. Miscellaneous Drainage Facility Work.
1. Work within the right-of-way for rehabilitation of drainage ditches or the replacement or repair of field tiles that intersect or cross the County Highway right-of-ways will be allowed, provided that a permit, as required by this Ordinance is obtained, and there are no negative impacts to the County Highway right-of-way.
2. Drainage ditches parallel and adjacent to the County Highway and contained within the right-of-ways of the County Highway are for the purpose of collecting and conveying stormwater runoff from the County Highway pavements, right-of-ways and adjacent areas tributary to the right-of-ways. Altering, re-grading, filling or otherwise modifying these ditches is prohibited unless written approval is obtained from the McHenry County Division of Transportation.
D. Other Agency Permits and Approvals. The issuance of a permit by the McHenry County Division of Transportation under the rules, regulations, and specifications of this Ordinance does not relieve, excuse, diminish or negate, in any manner or form, the authority, rules, requirements or permission that may be required by any other governmental authority or person that regulates the placement, location, construction, reconstruction, enlargement, removal, relocation, modification, abandonment, or any manner of work to be performed on any earthen berm or stormwater management facility.
(Ord. O-200811-82-068, passed 11-6-2008)