The County Board finds that it holds County highways and public rights-of-way as an asset for the benefit of its citizens, and that prudent management of that asset includes the regulation of and imposition of fees for certain uses of the County highway and/or rights-of-way by others.
The purpose of this article is to ensure that the value of the County highways and rights-of-way are not diminished or in the event that there is a diminution in value to the County highway or rights-of-way that adequate compensation is received by the County for said diminution in value.
This article is intended to compensate the County for its reasonable expenses, including, but not limited to, time, materials, equipment and vehicle use/maintenance, associated with the issuance of permits for the use of County highways and rights-of-way and necessary inspections.
The County Board has authority to implement a County highway management program pursuant to its general police powers, the Counties Code 55 ILCS 5/5-1015, and the Illinois Highway Code 605 ILCS 5/5-101.1 and 5/9-113.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL ACCESS
- An access to a field or fields for vehicles and equipment to perform farming activities. An agricultural access is limited to agricultural use.
- AGRICULTURAL FIELD TILE
- Agricultural field tile that serves to drain a farm field.
- The person(s), entity, municipality or utility company requesting a permit to work in the County right-of-way.
- Includes any legal entity, be it a person, partnership, corporation, trust, joint venture or any combination thereof, regulated or not, which requires use of the public right-of-way for construction and maintenance of transmission services. For the purposes of this article, the word "company" is to be broadly construed.
- County of McLean or McLean County.
- COUNTY BOARD
- McLean County Board.
- COUNTY ENGINEER
- McLean County Engineer, as defined in Chapter 605 ILCS 5/5-201.
- COUNTY HIGHWAY
- A highway under the jurisdiction of the County as further defined in 605 ILCS 5/2-204.
- EMERGENCY UTILITY WORK
- Work conducted when the existing utility system serving the general public is not functioning as originally intended and lack of immediate repairs or reconstruction thereto said system will create additional hardship to the utility or the general public. The duration of the work period of an emergency repair generally considered 72 hours or less, and is subject to the discretion of the County Engineer.
- MAJOR ACCESS
- An access for a subdivision, public street, commercial development, multifamily development, recreational development, or any other development that is expected to generate 150 or more traffic movements per day.
- MAJOR MAINTENANCE
- Repair, inspection, and access to and from an existing utility system that may impact the safety or efficiency of the motoring public within the County highway pavement and shoulder areas. Major maintenance or inspection work may require excavation and roadway lane and shoulder closures. The work period is considered to range from a short-term stationary to long-term stationary duration, which is generally considered work that occupies a location for 60 minutes or more (90 days maximum). The installation of new single residential service installations is considered major maintenance.
- MINIMUM USE ACCESS
- An access for single-family residences, and other low-traffic — volume facilities expected to generate 20 or fewer traffic movements per day.
- MINOR ACCESS
- An access for a small subdivision, small commercial development, multifamily development or any other development that is expected to generate more than 20 but less than 150 traffic movements per day.
- MINOR MAINTENANCE
- Repair or minor maintenance or inspection and access to and from the existing utility system that will not impact the safety or efficiency of the motoring public within the County highway right-of-way. Excavations and open cuts are not considered minor maintenance and will be prohibited under this work item. The work period for minor maintenance is considered a short duration, which is generally considered work that occupies a location for 60 minutes or less.
- MODIFICATION or NEW CONSTRUCTION
- Major enhancement, modification, or new work and access to and from the existing or new utility system that may impact the safety or efficiency of the motoring public within the highway right-of-way, pavement, and shoulder areas. The duration of the work period for major maintenance is generally considered three days or more.
- PUBLIC UTILITY
- A utility that is listed with the Illinois Commerce Commission as a public utility that has a franchise or license agreement with McLean County.
- The land, or interest therein, acquired for or devoted to a highway, as defined by 605 ILCS 5/2-217.
- For the purpose of establishing a work zone, the shoulder or shoulder area, regardless of whether the shoulder has a paved surface, will be considered as the area from the edge of the traveled pavement out to a distance of 15 feet.
- TEMPORARY ACCESS
- An access used for a specified purpose for a short and limited duration. Upon expiration of the duration of the temporary access it shall be removed. The use and duration thereof will be specified on the permit. Temporary access may be included with major access developments, minor access developments, utility permit projects, or right-of-way alteration permits.
- WORK PERMIT
- A document or certificate giving permission from the County of McLean to undertake certain activities in accordance with these regulations on a County right-of-way, and does not create a property right or grant authority to the applicant to impinge on the rights of others who may have an interest in the right-of-way.
Issuance of the permit shall be deemed to occur when all applicable fees, bonding and insurance have been provided and the permit is counter-signed by the County Engineer or the duly authorized designee, and returned to the applicant.
The permit shall expire upon completion of construction and restoration of the County highway/right-of-way, or upon a date or the occurrence of other conditions as set forth in the permit.
The County Engineer, by discretion, may require the provision of a maintenance guarantee for the permitted facilities and/or restoration of the County highway/right-of-way in an aggregate amount determined by the County Engineer, or the duly authorized designee.
The applicant shall comply with all other applicable laws relating to the placement of utility lines. The issuance of a utility permit by the County Engineer does not excuse the applicant from complying with requirements of other federal, state, or local agencies.
The County Engineer may waive all applicable permit fees imposed by McLean County for utility work initiated by the County.
Notification of damage or effect on traffic flow.
When authorized use of the public right-of-way requires construction or maintenance which alters or damages the public right-of-way or otherwise affects the flow of traffic through the public right-of-way, the company shall notify the County Engineer.
The County Engineer shall be notified of nonemergency work not less than 10 days before the proposed work. Such notification shall include plain-view drawings or diagrams and the procurement of a highway permit for work on the County public rights-of-way.
The County Engineer shall be notified of emergency work by phone prior to the commencement of the emergency work or as soon thereafter as is practicable. In both nonemergency and emergency situations, the regulated utility shall provide adequate traffic control for the public rigths-of-way affected.
General utility permits.
Contract required. Companies intending to construct, maintain, operate, repair, replace, renew, or lay utility services along, across or adjacent to various County highways in the County of McLean, Illinois, and within the right-of-way dedicated for highway purposes shall contract with the County for the use/continued use of the public way.
Terms. The time period contracted for such use may extend for any length that is deemed reasonable by the County Board. The County Administrator or such other person as the Administrator appoints may negotiate such contract on behalf of the County. The final contract is subject to the approval of the County Board. A reasonable consideration as limited by federal or state law may be charged by the County for continued use of the public right-of-way.
All applicable requirements for work permits remain in effect in addition to requirements established for general utility permits.
To remain eligible for work permits upon expiration of the general utility permit, companies shall renew the general utility permit on terms negotiated upon with the County Administrator, subject to the approval of the County Board.
Emergency utility work. Emergency utility work will not require a permit. All aforementioned notification requirements remain in effect for emergency repairs.
Minor maintenance work. A permit will not be required for minor maintenance work. The work may begin immediately and does not require verbal or written authorization of the County Engineer to proceed.
Major maintenance work. A permit will be required for major maintenance work. The applicant may begin this work only with the written authorization of the County Engineer, subject to the permit requirements of the McLean County Highway Department.
Modification or new construction. A permit will be required for modification or new construction. The applicant may only begin this work with the written or verbal authorization of the County Engineer, subject to the permit requirements of the McLean County Highway Department.
Agricultural field tile. Agricultural field tile that serves to drain a farm field will fall under the purview of these regulations and a work permit will be required.
Suspension or revocation of permit.
The County Engineer may issue a stop-work order, suspend, or revoke a permit for:
Violations of this policy;
A substantial breach of any material provision or condition of the permit;
A material misrepresentation in the permit application;
Applicant fails to maintain the required bonds or other security and insurance;
Applicant fails to complete the work within the time specified in the permit;
Applicant fails to correct work that does not conform to applicable regulations in a timely manner;
An evasion or attempt to evade any material provision of this permit;
The work poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare.
If the applicant does not correct any deficiencies or establish terms with the County Engineer to correct any deficiencies within 14 calendar days after notice of a violation, the County Engineer has the right to correct the deficiencies either through the bond or other security for the permit or as a bill submitted to the applicant.
Any person, company or entity who desires to obtain access (road or driveway) to/from a County highway/right-of-way or use the County highway/right-of-way for any purpose shall, before commencement of construction, obtain a permit from the County Engineer, or the duly authorized designee.
Written consent. Only a permit issued by the County Board or the County Engineer under these regulations will satisfy the "written consent" requirement of 605 ILCS 5/5-413 and 5/8-102.
Compliance. The applicant shall comply with all other applicable laws relating to the access. The issuance of an access permit by the County Engineer does not excuse the applicant from complying with other requirements of the County Engineer (e.g., oversize and overweight vehicles) or the rules, regulations and requirements of other local, state and federal agencies.
Damage to County right-of-way. Those facilities and highway structures and appurtenances (i.e., guardrails, streetlights, etc.) within the highway right-of-way that are damaged as a result of the permit work shall be immediately reported to the McLean County Highway Department. Damaged items shall be replaced or repaired by the applicant to the County's satisfaction in a reasonable length of time as established by the County Engineer. Any signs damaged during emergency, maintenance or construction operations must be immediately repaired and/or replaced and erected. The occurrence shall be immediately reported to the Highway Department.
Inspection. All improvements to a County highway occurring in conjunction with the permit shall be inspected by a representative of the Highway Department. The level of inspection will be determined by the County based on the complexity and magnitude of the improvements to the County right-of-way.
Enforcement. If permit improvements to the County right-of-way are not constructed in accordance with the design approved by the County Engineer or made in accordance with the conditions of the permit, the County Engineer will issue a stop-work order or revoke a permit. If the applicant does not correct any deficiencies or, at a minimum, contact the Highway Department to discuss the deficiencies within 14 calendar days after notification by certified mail, the County Engineer has the right to correct the deficiencies either through the performance bond, surety bond or escrow account for the permit or through a bill or invoice submitted to the applicant. In addition, the final completion and compliance certificate and/or certificate of occupancy shall be withheld until the improvement conforms to the approved design.
Duty to correct defects. The applicant shall guarantee the restoration of the County right-of-way for 12 months following the issuance of the final completion and compliance certificate. During the twelve-month period, the applicant shall, upon written notification from the County Engineer, correct all noncomplying work using methods and materials required by the County Engineer. The corrective measures shall be completed within 14 calendar days of the receipt of the notice from the County Engineer, not including days during which work cannot be done due to circumstances constituting force majeure or of unseasonable or inclement weather. If corrective measures are not commenced within the length of time specified, the County Engineer will take appropriate action to ensure completion of the work to the County Engineer's satisfaction at the expense of the applicant.
Fines. In addition to the permit application fee, a fine may be assessed when work, event or activity within the County right-of-way has commenced without a permit. If the work has already begun on a project requiring a permit, the application fee may be assessed up to double the amount established in § 300-26.
Access permit categories.
Agricultural access. A permit is required for an agricultural access to a County highway or freeway. The applicant can begin work on the construction of the access only with written authorization from the County Engineer.
Temporary access. A permit is required for a temporary access to a County highway or freeway. The applicant can begin work on the construction of the access only with written authorization from the County Engineer. The duration of a temporary access permit shall not exceed 365 days.
Minimum use access. A permit is required for a minimum use access to a County highway or freeway. The applicant can begin work on the construction of the access only with written authorization from the County Engineer.
Minor access. A permit is required for a minor access to a County highway or freeway. The applicant can begin work on the construction of the access only with written authorization from the County Engineer.
Major access. A permit is required for a major access to a County highway or freeway. The applicant can begin work on the construction of the access only with written authorization from the County Engineer. In addition to the permit application, plans, calculation, and reports may be required to evaluate the permit request.
Application fee. Every person, company or entity that applies for a highway permit shall pay, at the time of application, a nonrefundable application fee in the amount as set forth in § 300-26 of this article.
Permit fee. General utility permits shall require a fee to be determined in accordance with the terms and conditions of the contract required by § 300-23C of this Code.
Review cost. Temporary and major access permits may require additional pass-through consultant-review costs. Permit fees may include a base fee plus other costs and must be discussed with the Highway Department staff to determine the total fee.
Utility permit application fees. The following fees shall be collected by the County Engineer for each utility permit application submitted, said fee to cover administrative costs of processing the permit and for the future liability of the access to the County system of roads:
Emergency permit applications. The Highway Department shall not charge an application fee for emergency permit applications.
Minor maintenance. The Highway Department shall not charge an application fee for minor maintenance work.
Major maintenance. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for major maintenance permit applications.
Agricultural field tile. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for agricultural field tile permit applications.
Modification or new construction. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for modification or new construction applications.
Access permit application fees. The following fees shall be collected by the County Engineer for each access permit application submitted, said fee to cover administrative costs of processing the permit and for the future liability of the access to the County system of roads:
Agricultural access permit. The Highway Department shall not charge an application fee for this work.
Temporary access permit. The Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
Minimum use access permit. The Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
Minor access permit. The McLean County Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
Major access permit. The McLean County Highway Department shall charge a standard application fee as set forth in Ch. 205, Fees, for this work.
In instances in wherein the administrative cost to the County exceeds those listed above in this section, the Highway Department shall impose a fee sufficient to offset costs incurred by the County.