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(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)
Minimizing congestion and delay, ensuring the safety of the traveling public, and protecting the county's ability to maintain and improve the county highway system are among the objectives of this chapter. Under conditions of practical difficulty and extraordinary hardships, it may be difficult to strictly comply with the requirements of this chapter. The purpose of a variation is to provide relief from strict compliance with the regulations and requirements of this chapter so long as the objectives of this chapter are not compromised.
(A) General.
(1) Where the County Engineer finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter, the County Engineer may approve variations to the requirements of this chapter so that substantial justice may be done and the public interest subserved thereby, provided that such variations shall not have the effect of nullifying the intent and purpose of this chapter.
(2) The County Engineer may require that a traffic impact study or other information, studies, or data be submitted when reviewing a request for a variation from the provisions of this chapter.
(B) Variation requests. A petition for any variation shall be submitted in writing to the County Engineer by the permittee. The permittee must prove that the variation will not be contrary to the public interest and that a practical difficulty or unnecessary hardship will result if it is not granted. In particular, the permittee shall establish and substantiate that the variation conforms to the requirements and standards as set forth in § 56.030.
(C) Standards for variations. No variation in the strict application of the provisions of this chapter shall be granted unless it is found that the following relevant requirements and conditions are satisfied. The County Engineer may grant variations whenever it is determined that all of the following have been met.
(1) The granting of the variation shall be in harmony with the general purpose and intent of the regulations imposed by this chapter and shall not be detrimental to the safety of the traveling public using the county highway.
(2) There must be proof of unique or existing special circumstances or conditions where the strict application of the provisions of this chapter would deprive the permittee of reasonable access. Circumstances that would allow reasonable access by a road or street other than a county highway, circumstances where indirect or restricted access can be obtained, or circumstances where engineering or construction solutions can be applied to mitigate the condition shall not be considered unique or special.
(3) There must be proof of practical difficulty or unnecessary hardship. It is not sufficient to show that greater profit or economic gain would result if the variation would be granted. Furthermore, the hardship or difficulty cannot be self-created or self-imposed; nor can it be established on this basis by the owner who purchases with or without knowledge of the provisions of this chapter. The difficulty or hardship must result from the strict application of this chapter and it must be suffered directly and solely by the owner of the property in question.
(4) The variation is the least deviation from the provisions of this chapter which will mitigate the hardship or practical difficulty.
(D) Action by the County Engineer. Upon receipt of the required variance application form, all supporting documentation, data, studies and other requested information and all related variance fees, the County Engineer shall review and render a decision in writing to the owner. The County Engineer may, in the decision for a variation, stipulate conditions or impose requirements in granting of a variation from the provisions of this chapter. The written decision of the County Engineer is valid for a period of six months.
(Ord. 20-231, passed 7-16-2020)
(A) Access Control Officer. All objections to any action or decision concerning access shall be filed in writing with the Access Control Officer. The Access Control Officer shall consider the objections, and after a decision has been made shall inform the permittee in writing of the action taken on said objection.
(B) County Engineer. If the permittee is dissatisfied with the action or decision of the Access Control Officer, a written objection may be filed with the County Engineer. The County Engineer will consider the objection and formulate a response, which will be communicated in writing. The County Engineer may modify or overturn any previous action or decisions.
(Ord. 20-231, passed 7-16-2020)
(A) All fees required for this chapter shall be established by the County Engineer. Information regarding the required fees for each type of permit application shall be provided in the Technical Reference Manual.
(B) Existing agreements that have alternate permit fee schedules shall remain in effect until and unless those agreements are expired, are terminated, or are renegotiated, and are approved by the County Board.
(C) The County Engineer shall have the authority to waive any fees or charges imposed by this chapter if said fees and charges are for a permit to perform work within a county highway right-of-way that is needed due to a county improvement or maintenance operation. The County Engineer may also waive fees for permits for local government agency work. Application fees will be charged when work is for the promotion of future development and for which work is being performed by the developer and not under local government agency contract.
(Ord. 20-231, passed 7-16-2020)
(A) Whomever shall construct, or cause to be constructed, any access-related improvements or any utility or facility within the right-of-way of any county highway, or whoever shall repair, relocate, revise, modify, enlarge, remove, reconstruct, or abandon any existing utility or facility within the right-of-way in violation of the requirements of this chapter shall be subject to a fine of not less than $50 and not more than $500 for each access location so constructed as
outline in ILCS Ch. 605, Act 5, § 9-117. Each day that the access location is in place in violation of this chapter shall constitute a separate offense, subject to the above penalties. A violation shall also include any access-related improvements or any utilities or facilities within the county highways built without approval, and a permit as required by this chapter as well as approved improvements built with substandard designs and specifications.
(B) The Will County Division of Transportation shall have the authority to stop any and all work that it determines is proceeding in an unsafe or substandard manner, or poses any danger to the public or the county highway. In the event any aspect of the permittee's construction, placement, maintenance, repair, use or operation of the county highway at any time violates or is forbidden by any law, statute, rule, regulation, order, or requirement of any governmental authority, the permittee shall immediately discontinue such operations and, at its own expense, take all necessary corrective action.
(C) Whenever a violation shall come to the knowledge of the County Engineer, the County Engineer may take any action as deemed appropriate and as set forth in the Illinois Compiled Statutes, as amended. The provisions of this chapter shall not be deemed exclusive and shall not be deemed to prevent the maintenance of any other action or proceeding in law or equity to enforce the provisions of this chapter or to vacate and remove any improvements constructed in violation of this chapter.
(D) Whenever it shall come to the knowledge of the County Recorder that any of the provisions of this chapter have been violated, as they relate to plats, it shall be the County Recorder's duty to notify the County Engineer and the State's Attorney.
(E) The County Engineer shall have the authority to delay the issuance of permits to an applicant due to the failure of the applicant to comply with the provisions of other permits issued to the applicant. The County Engineer shall also have the authority to delay the issuance of permits if the property served by the permitted work or facility is in violation of or has not complied with the provisions of this chapter or any other ordinance, statute, regulation or administrative order that may apply to such property. The County Engineer shall also have the authority to revoke any active permit issued to the applicant due to the failure of the applicant to comply with the provisions of other permits or the failure of the applicant to comply with the provisions of this chapter.
(Ord. 20-231, passed 7-16-2020)
(A) An application for any permit under this chapter will be considered inactive if no response is provided by the applicant, their agent, or their engineer within six months from the date of the last written review comments received from WCDOT.
(B) If that time period has lapsed, the application will be considered invalid and the applicant must reapply and comply with any and all new conditions, policies, standards or ordinances that may be in effect at the time of the re-submittal. If more than one year has passed from the date of the last written review comments, application fees must be paid as if it was a new submittal. It shall be the permittee's responsibility to contact the Will County Division of Transportation to determine the status of any permit submittals.
(Ord. 20-231, passed 7-16-2020)
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