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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)
(A) Enforcement. Enforcement of the provisions of this chapter, shall be in accordance with the Illinois Compiled Statutes as referenced in § 56.021.
(B) Compliance. No access or use related work shall be performed in the highway right-of-way which does not comply with the provisions set forth in this chapter. Should an access, utility or facility be illegally placed within the county right-of-way it shall be removed by the owner. If the owner refuses or fails to remove an illegal access, utility or facility upon written notice, WCDOT shall have the right, but not the duty, to remove the illegal access, utility or facility and invoice the owner for the cost of the removal. Notice from WCDOT will be given in writing, via certified mail, and shall allow the owner a minimum of ten working days from receipt of the notice to remove the illegal access, utility or facility. Removal shall include restoration of the county right-of-way to an equal or better condition than existed before construction.
(1) Whenever any provision of this chapter sets forth any time for any act to be performed by permittee, such time shall be deemed to be of the essence. The permittee's failure to perform within the time allowed shall, in all cases, be sufficient grounds for the county to invoke an appropriate remedy or penalty.
(2) The permittee shall not be excused from complying with any of the requirements, rules, regulations, and specifications of this chapter as a result of any failure of the county, on any one or more occasions, to insist on the permittee's performance or to seek the permittee's compliance with said requirements, rules, regulations, and specifications.
(C) Division of Transportation: powers and responsibilities. By authority of the County Board and adoption of this chapter, through powers vested through the Illinois Compiled Statutes, as amended, and all other applicable laws, statutes, orders, and regulations of the State of Illinois and the County of Will, the County Board of Will County hereby grants and assigns to the County Engineer and the Will County Division of Transportation the following powers, responsibilities, strategies and practices regarding enforcement of this chapter:
(1) To review plans, specifications, studies, and estimates and issue or deny permits for work within the county highway rights-of-way.
(2) To develop and set in place application procedures, issue permits and maintain records thereof.
(3) To develop and publish a Technical Reference Manual to assist and guide the public in procedures and requirements for such permits. This manual shall include application procedures, forms, technical engineering standards and requirements for type, extent and nature of the studies, drawings, engineering plans, or any other types of documents that are needed for the administration and implementation of this chapter.
(4) To update, modify and/or revise the Technical Reference Manual including application procedures, forms, studies, drawings, engineering plans and standards, or any other types of documents as needed.
(5) To review, approve, disapprove, or cause changes and modifications to be made to all studies, drawings, engineering plans, and other documents that are required by this chapter or the Technical Reference Manual as they relate to access locations, highway improvements, or placement of utilities or facilities.
(6) To conduct inspections and field investigations as necessary to ensure compliance with the rules, regulations, and specifications of this chapter.
(7) To institute any appropriate action as set forth in the Illinois Compiled Statutes, as amended, or this chapter and to request that the State's Attorney institute any proceedings to prevent unlawful construction, reconstruction, alteration, modification, enlargement, conversion, and/or unlawful use of an access location providing service to a county highway or unlawful placement of a utility or facility after the adoption of this chapter.
(8) To advise the County Board on all proposed amendments to this chapter.
(9) To designate an "Access Control Officer" within the WCDOT to oversee and administer the day-to-day implementation of this chapter.
(10) To grant and approve variations from the provisions of this chapter in accordance with the standards as set forth in § 56.030.
(11) To render interpretations of this chapter in accordance with the provisions set forth in § 56.027.
(13) To hear and decide appeals from any decisions of the Access Control Officer or any other administrative officials made in the performance of their duties under the provisions of this chapter.
(14) To perform other such duties as are required by this chapter.
(15) To designate and supervise agents to operate in the County Engineer's capacity to perform such duties as are assigned by this chapter.
(16) To coordinate the requirements and provisions of this chapter with the governmental authority having land-use regulatory authority over a development taking access to a county highway.
(17) To have established a Coordination Council, to be chaired by the County Engineer, or his or her designee, to facilitate the timely placement, removal, relocation, or modification of utilities and facilities deemed necessary for highway and highway safety purposes pursuant to ILCS Ch. 605, Act 5, § 9-113, as amended.
(18) To establish rules of order and procedures, set meeting dates, prepare and distribute agenda for, prepare minutes of, and conduct meetings of the Coordination Council.
(19) To deliver on an annual basis as determined by the County Engineer to each member of the Coordination Council a copy of the County Five-Year Highway Improvement Program (ILCS Ch. 605, Act 5, § 5-301, as amended), and the annual program as developed by the County Engineer.
(20) To notify, in accordance with ILCS Ch. 605, Act 5, § 9-113, as amended, the owner or owners of the utilities and/or facilities that require placement, removal, relocation and/or modification as a result of an impending county highway improvement.
(21) To establish strategies and practices as may be necessary to provide effective communication and coordination relating to proposed county highway improvements and the placement, removal, relocation, modification, or retirement of utilities or facilities within county highway rights-of-way.
(22) To cooperate with any contractor responsible for the implementation of a county highway improvement in seeking the compliance of the owner, or owners, of any utilities or facilities located or retirement within the county highway right-of-way with the provisions of this chapter and ILCS Ch. 605, Act 5, § 9-113, as amended.
(23) To collect, deposit in the County Highway Tax Fund, and expend such funds as may be derived from any fees collected pursuant to the administration of this chapter.
(24) To administer and carry out the provisions of this chapter in a reasonable time given staffing levels, workload, and budgeting constraints.
(25) To act at the direction of the Public Works and Transportation Committee in those matters relating to access improvements and programmed or ongoing highway improvements, including the preparation of joint agreements; recommending donation amounts; establishing escrow accounts for future highway improvements; and collecting, depositing, and expending donations and other such funds for county highway purposes.
(Ord. 20-231, passed 7-16-2020)
(A) County Board action.
(1) In order to promote the public health, safety, comfort, and general welfare, the County Board may from time to time amend the regulations imposed by this chapter.
(2) These amendments shall not be adopted without the advice of the County Engineer.
(B) Standards for amendments. Amendments to this chapter shall demonstrate compliance with the following standards:
(1) The proposed amendment to this chapter shall state in particular the chapter, section, subdivision, paragraph, sentence, and word sought to be amended.
(2) The proposed amendment shall contain the specific language of the proposed amendment and shall recite the specific reasons for such a change.
(3) The proposed amendment shall be consistent with the intent and purpose of this chapter and with its various rules, regulations, and specifications.
(4) The proposed amendment shall not be detrimental to the safety, operation, or capacity of a county highway.
(5) The proposed amendment shall in no manner limit, restrict, alter, diminish, or unduly impede the county in its, or the County Engineer in his or her, statutory authority as it relates to county highways.
(Ord. 20-231, passed 7-16-2020)
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