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(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)
(A) The permittee and contractors shall indemnify and save harmless and defend the WCDOT and the county, its officers, agents, and employees against all loss, damage, or expense that it or they may sustain as a result of any suits, actions, or claims of any character brought on account of property damage, injury to or death of any person or persons, including all persons performing any work under the permit, which may arise in connection with the work to be performed under the permit.
(B) The permit is not intended by any of the provisions of any part of the permit to make the public or any member thereof a third party beneficiary of the permit, or to authorize anyone not a party to the permit to initiate or maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the permit. The duties, obligations, and responsibilities of the parties to the permit with respect to third parties shall remain as imposed by law.
(Ord. 20-231, passed 7-16-2020)
PERMIT TYPES AND HIGHWAY CLASSIFICATION
(A) The County Engineer may restrict the location and number of access points. The degree of access control shall be based on two basic criteria: (1) the size and nature of the development, which determines the volume and types of traffic generated, and (2) the existing and/or future significance of the highway being accessed.
(B) The highest degree of access control shall be applied to the county freeways and S.R.A Routes. A list of designated county freeway and S.R.A Routes are listed in Technical Reference Manual.
COMMENTARY:
Access management is the coordinated planning, regulation, and design of access between roadways and land development. Studies have shown that an effective access management program can reduce crashes by as much as 50%, increase roadway capacity by 23% to 45%, and reduce travel time and delay as much as 40% to 60% (source: Access Management Manual, Transportation Research Board, 2014.)
(Ord. 20-231, passed 7-16-2020)
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