A. Landscaping features, including trees, shrubs, plants, decorative retaining walls, fences, benches, irrigation systems, and other appurtenances are not permitted within County Highway right-of- ways unless they are a part of a municipal enhancement program such as a unified streetscape or gateway features. Such requests will be reviewed on a case-by-case basis and an intergovernmental agreement shall be required.
B. Factors to be considered in the review, shall include safety (clear zone requirements) visibility, type of plant material to be used including species and mature trunk diameter of trees, conflicts with drainage facilities, utilities and other facilities, current and future operational requirements of the County Highway.
C. The intergovernmental agreement shall contain provisions and assurances for perpetual maintenance and repair of all landscaping and related features. If this work is permitted, the municipality shall be responsible for the removal or relocation of any landscaping features and related appurtenances that interfere with any County maintenance activities, or improvement projects by the County, or improvements by others that have been permitted by the McHenry County Division of Transportation at no cost to the County. The intergovernmental agreement shall also contain indemnification provisions, as determined by the McHenry County State’s Attorney.
D. In those locations along a County Highway where additional right-of-way is being conveyed to the County, the McHenry County Division of Transportation may require removal or relocation of any existing materials within the new right-of-way that interfere with sight visibility of existing or permitted new access locations or result in new or existing maintenance difficulties for the McHenry County Division of Transportation, or where removal is required to facilitate the installation or relocation of utilities, or if said materials pose a potential safety hazard to the motoring public. For purposes of this section, materials include, but are not limited to, fences, trees, rocks, brush, bushes, shrubbery, signs or other similar objects. Any existing landscaping that is allowed to remain within the County Highway right-of-way shall not result in an obligation by the McHenry County Division of Transportation to maintain said landscaping.
E. In locations where a project is permitted by the McHenry County Division of Transportation for access, and utilities or facilities will impact existing landscaping within the County Highway right-of-way, it shall be the permittee’s responsibility to coordinate the removal and/or relocation of any existing landscaping that exists by permit within the right-of-way. Coordination to find acceptable space to relocate landscaping, including the physical relocation activities, shall be approved by the McHenry County Division of Transportation prior to said relocation efforts. Provisions for perpetual maintenance of said relocated landscaping shall be provided to the McHenry County Division of Transportation for review and approval. Any relocated landscaping that is allowed to remain within the County Highway right-of-way shall not result in an obligation by the McHenry County Division of Transportation to maintain said landscaping.
(Ord. O-200811-82-068, passed 11-6-2008)