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(A) The Illinois Compiled Statutes, as amended, provide for the County Board and the County Engineer to have authority over supervision of county highways. This chapter is hereby adopted to preserve and protect the public safety, health, and general welfare as they relate to the operation and use of county highways, and their associated right-of-way.
(B) ILCS Ch. 605, Act 5, § 5-413 et seq., as amended provides for access roads and driveways for public and private use to be allowed onto a county highway only upon the issuance of a permit by the County Engineer in accordance with regulations adopted by the County Board. This chapter implements that law but does not limit nor restrict the county insofar as other sections of the Illinois Highway Code pertaining to access to and use of county highways.
(C) ILCS Ch. 765, Act 205, § 2 et seq., as amended, requires that written approval be obtained from the appropriate local highway authority regarding highway access prior to final approval and recording of a plat by a municipality or county. For county highways, the authority shall be the County Engineer.
(D) ILCS Ch. 605, Act 5, § 8-101 et seq., as amended, grants county boards the authority to designate highways under their jurisdiction as freeways. ILCS Ch. 605, Act 5, § 8-102 et seq. gives the County Board the sole authority to grant or deny any new points of access, or allow the modification, change, or enlargement of any existing points of access.
(E) ILCS Ch. 605, Act 5, § 9-101.1, as amended, authorizes the County Engineer to consider additional detention in lands on the county right-of-way.
(F) ILCS Ch. 605, Act 5, § 9-115.1, as amended, requires that drainage facilities for the purposes of detention or retention of water may not be constructed within a distance of ten feet plus one and one-half times the depth of the drainage facility adjacent to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway. The toe of any earthen berm may not be constructed nearer than ten feet to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway.
(G) The Illinois Highway Code (ILCS Ch. 605, Act 5, § 5-414) of the Illinois Compiled Statutes, as amended, grants county boards the authority to adopt regulations providing for the issuance of permits by the County Engineer for the temporary closure to traffic of any portion of a highway under their jurisdiction for any public purpose.
(H) The Illinois Highway Code (ILCS Ch. 605, Act 5, § 9-113) of the Illinois Compiled Statutes, as amended, sets forth the powers and authority of the appropriate highway authority as they relate to 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, the appropriate highway authority shall be the County Engineer.
(I) The Illinois Highway Code (ILCS Ch. 605, Act 5, § 9-118) of the Illinois Compiled Statutes, as amended, set forth the power and authority of the appropriate highway authority as relate to planting trees, shrubs, plants or flowers in or upon the right-of-way of any highway. For county highways, the appropriate highway authority shall be the County Engineer.
(Ord. 20-231, passed 7-16-2020)
Pursuant to the authority contained in Illinois Highway Code (ILCS Ch. 605, Act 5, § 9-113) of the Illinois Compiled Statues, as amended, the county, acting by and through the County Engineer, as the appropriate highway authority, established a Coordination Council under Resolution 01-470 for the purposes of implementing the provisions of said statute and facilitating the communication and coordination relating to the placement, removal, relocation, modification, or abandonment of public utilities owned and maintained by a public utility company within county highway rights-of-way.
(Ord. 20-231, passed 7-16-2020)
(A) This chapter shall apply to all access to and use of county highway right-of-way, whether permanent or temporary, for purposes of providing service from and/or to a county highway to any property after the enactment of this chapter by the County Board. This includes any land in any township or municipality located partially or entirely within the county.
(B) This chapter shall not be construed in any manner or form to limit or restrict the power or authority of the county or the County Engineer to maintain, operate, improve, construct, reconstruct, manage, widen, expand or perform any other work on any county highway as may be best determined, as provided by law, including the modification, restriction, or elimination of any access location permitted under this chapter or any access location permitted prior to the adoption of this chapter.
(Ord. 20-231, passed 7-16-2020)
(A) Pursuant to the authority contained in ILCS Ch. 765, Act 205, § 2, as referenced in § 56.021, the County Engineer shall have the authority to approve or disapprove, in writing, plats with respect to highway access to county highways.
COMMENTARY:
The WCDOT's responsibility is access to and use of a county highway with respect to the future planning, maintenance and management of the county highway right-of-way. The responsibility for determining land-use requirements rests solely with the governmental authority having the land-use regulatory authority.
(B) The signature certificate which shall be included on the final plat of subdivision to obtain written approval for access to a county highway is provided in the Technical Reference Manual.
(Ord. 20-231, passed 7-16-2020)
This chapter shall be in full force and effect from and after its passage and effective date according to law except for all permit or use requests submitted prior to the adoption of this chapter and which have received written approval. All requests submitted prior to adoption of this chapter which have not been given written preliminary approval and all requests submitted subsequent to the adoption of this chapter shall be governed by the provisions of this chapter as finally enacted or amended.
(Ord. 20-231, passed 7-16-2020)
The prior policies establishing rules, regulations, and specifications governing access to or use of county highway rights-of-ways are hereby repealed, provided such repeal shall not affect the right of the county to institute any action at law or in equity to require compliance or prosecute violations there under, it being the county's intention to preserve all such causes of action and not to excuse any violation under the prior rules, regulations, and specifications.
(Ord. 20-231, passed 7-16-2020)
(A) Interpretation. The County Engineer shall render any interpretations of this chapter, which are necessary to promote efficient administration and review of permit requests. This chapter shall be interpreted strictly and in accordance with the standards set forth herein. Whenever any provision of this chapter overlaps, contradicts, or covers the same subject matter as any other provision of this chapter or any other county ordinance regulation, or rule, the more restrictive or higher standard shall control.
(B) Separability. Each chapter, section, subdivision, paragraph, subparagraph, sentence, clause, phrase, word, provision, rule and regulation, or restriction established by this chapter or any amendments thereto is hereby declared to be separable and independent, in accordance with the following.
(1) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any provision of this chapter not specifically included in the judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter, such judgment shall not affect the application of the provisions not specifically included in the judgment.
(C) Law governing. In any controversy or dispute under this chapter or in any claims arising hereunder or related hereto, whether in contract or tort, they shall be governed by the laws of Illinois. Any suit regarding requirements, rules, regulations and specifications of this chapter must be brought in a court of competent jurisdiction in Will County, Illinois.
(Ord. 20-231, passed 7-16-2020)
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