(A) In order to maintain safe and efficient traffic operations at the access intersection and to ensure that the impact of a development accessing a county highway does not result in a degradation of traffic operations, improvements to the county highway system may be required with minor and major access permits. These improvements may include dedication of additional right-of-way to accommodate the widening required to maintain the existing level of service.
COMMENTARY:
Increases in traffic from development result in two types of impacts to the county highway system:
(1) Impacts that occur at the access point(s) and adjacent intersections that result in an increase in delays at those specific locations and are directly attributable to a specific development.
(2) Cumulative impacts to the overall roadway network that result from the incremental increases in traffic from developments.
(B) Limits of required improvements for any minor or major access permit shall be determined by the Access Control Officer, in accordance with the provisions of this chapter and design guidance provided in the Technical Reference Manual, Chapter 5.
(C) Right-of-way requirements.
(1) Right-of-way widths.
(a) All access permits, besides those classified as minimum or agricultural use, shall be required to dedicate right-of-way (ROW). Minimum and agricultural use accesses shall be required to dedicate ROW if the Access Control Officer determines that it is required under one of the following justifications:
1. Properties at intersecting ROW lines must still provide the 50' x 50' corner clip as outlined in this section.
2. The current ROW does not provide adequate space for sight distance and clear zone concerns.
3. Additional ROW is required to correct existing or proposed drainage problems.
4. WCDOT has a planned roadway widening project that requires additional ROW.
5. If the property has one or more previous ROW dedication(s), which are easement(s), any previous ROW easement dedication(s) shall be transferred to the county as ROW interest(s) in fee simple.
(b) County designated freeways and S.R.A Routes shall have a minimum right-of-way width of 150 feet, 75 feet half right-of-way width. County highways shall generally have a minimum right-of-way width of 120 feet, 60 feet half right-of-way width. However, some county highways may require right-of-way widths of up to 160 feet, 80 feet half right-of-way widths.
(c) A minimum 50 foot corner clip shall be provided at intersecting right-of-way lines. This means the legs of the triangle formed by the two intersecting right-of-way lines shall be 50 feet each.
(d) All right-of-way dedications shall be in fee. Any previously dedicated right-of-way as "dedicated for roadway purposes" (which are easements) shall be transferred to the county as ROW interest(s) in fee simple prior to approving any access permit.
(e) If the property abutting a county highway is to be subdivided or an access is being requested, the owner shall dedicate, at no cost to the county, sufficient land to satisfy this right-of-way requirement.
(f) If additional right-of-way is needed in order to construct the required highway improvements or is needed to accommodate a future improvement to a county highway due to the particular circumstances of the nature of the major access, the additional right-of-way shall be dedicated by the owner at no cost to the county. This may include additional right-of-way required to obtain the required sight distance at the proposed access location. If the additional right-of-way needed is from property not controlled by the owner, the owner shall obtain the additional right-of-way in the name of the county at no cost to the county.
(2) A plat of dedication shall be required for all minor and major accesses. The following wording shall be used to dedicate right-of-way, on a plat of subdivision or plat of dedication: HEREBY DEDICATED TO THE COUNTY OF WILL.
(3) Restoration of right-of-way. Upon completion of any construction work within the right-of-way, the right-of-way shall be restored in accordance with the permitted plans acceptable to the WCDOT.
(4) Objects in the right-of-way. In general, no new objects, trees, plants, bushes, landscaping, fences, signs, rocks, debris, berms, detention or retention facilities, or any such materials shall be permitted within the right-of-way. Trees may be allowed to be planted within the right-of-way, if a municipality will accept maintenance of these trees via the municipal acceptance form or via an agreement. In those instances where additional right-of-way is being dedicated as required by this chapter, trees, plants, brush, fences, signs, rocks, landscaping, objects, berms, detention facilities, wetlands, floodplains, and other such obstacles shall be removed or relocated beyond the new right-of-way line and clear zone. Note that all detention facilities and berms shall follow ILCS Ch. 605, Act 5, § 9-115.1, as amended, based on the proposed right-of-way. All affected existing utility poles shall be relocated to the new right-of-way line along the entire frontage of the development.
(5) Right-of-way encumbrances. All right-of-way to be dedicated shall be free and clear of any existing encumbrances, which would render the right-of-way in any manner or form unusable for road purposes or would in any manner or form, result in any extraordinary costs to the county at such time as said right-of-way is to be used for road purposes. This would include the mitigation and/or fee for future mitigation of any wetlands within the proposed right-of-way.
(6) Right-of-way monumentation. All new right-of-way boundary corners, points of curvature and points of tangency shall be monumented with iron pipes or rods that are a minimum of one-half inch diameter by 24 inches long or with other acceptable types of monuments that are in compliance with the Illinois Professional Land Surveyor Act of 1989 Section 1270.56, Minimum Standards of Practice, paragraph 5. The type of monuments found or set shall be noted on the plat.
COMMENTARY:
The additional right-of-way required in this section is needed to accommodate future highway improvements that are needed because of the cumulative traffic generation of developments and to accommodate access related improvements. The right-of-way widths are also needed to accommodate roadway drainage, snow storage, utilities and facilities, and to provide for traffic and pedestrian safety.
(Ord. 20-231, passed 7-16-2020; Ord. 23-289, passed 9-21-2023)