A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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:
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 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.
An electronic device that is mounted or positioned in a stationary
location and that is capable of recording data on or taking a photograph
of a vehicle or its license plate and comparing the collected data
and photographs to existing law enforcement databases for investigative
purposes.
[Added 9-14-2023]
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.
McLean County Board.
McLean County Engineer, as defined in Chapter 605 ILCS 5/5-201.
A highway under the jurisdiction of the County as further
defined in 605 ILCS 5/2-204.
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.
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.
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.
An access for single-family residences, and other low-traffic
— volume facilities expected to generate 20 or fewer traffic
movements per day.
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.
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.
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.
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.
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.
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.
A.Â
General requirements.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
The County Engineer may waive all applicable permit fees imposed
by McLean County for utility work initiated by the County.
B.Â
Notification of damage or effect on traffic flow.
(1)Â
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.
(2)Â
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.
(3)Â
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.
C.Â
Permit categories.
(1)Â
General utility permits.
(a)Â
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.
(b)Â
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.
(c)Â
All applicable requirements for work permits remain in effect
in addition to requirements established for general utility permits.
(d)Â
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.
(2)Â
Work permits.
(a)Â
Emergency utility work. Emergency utility work will not require
a permit. All aforementioned notification requirements remain in effect
for emergency repairs.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
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.
(3)Â
ALPR
permits. Municipal corporations seeking consent to place automatic
license plate readers along, across, or adjacent to a County highway
must obtain an ALPR permit from the County Engineer, subject to the
terms and conditions established in this section.
[Added 9-14-2023]
(a)Â
A municipal corporation requesting an ALPR permit shall provide all
standards and details from the ALPR manufacturer to the County Engineer.
(b)Â
The County Engineer shall require any applicant municipal corporations to agree that permitted automatic license plate readers may not be used for the enforcement of a petty offense, as defined in the Criminal and Traffic Assessment Act, 705 ILCS 135/1-5. Municipalities using ALPRs for the petty offenses shall be subject to a permit revocation by the County Engineer, pursuant to Subsection D of this section.
(c)Â
Automatic license plate readers will be mounted on poles to be installed
by the municipality within McLean County's right-of-way at no
closer than 16 feet from the edge of pavement in a 55 mph posted speed
zone and no closer than 12 feet from the edge of pavement in a 30
mph speed zone. The County Engineer shall determine exact location
in areas of curb and gutter.
(d)Â
Applicant municipalities must pay all of the actual costs for the
installation of permitted automatic license plate readers, all mounting
material, poles, and all future maintenance costs incurred for repair,
replacement, and relocation as deemed necessary by the County Engineer.
(e)Â
Permitted municipalities shall pay for all costs incurred for the
removal of ALPR equipment and in returning any traffic signal poles
and existing right-of-way to its preexisting state if removal becomes
necessary. The County shall not be responsible to monitor, repair,
maintain, or otherwise adopt liability for any installed ALPR cameras
or poles.
D.Â
Suspension or revocation of permit.
(1)Â
The County Engineer may issue a stop-work order, suspend, or revoke
a permit for:
(a)Â
Violations of this policy;
(b)Â
A substantial breach of any material provision or condition
of the permit;
(c)Â
A material misrepresentation in the permit application;
(d)Â
Applicant fails to maintain the required bonds or other security
and insurance;
(e)Â
Applicant fails to complete the work within the time specified
in the permit;
(f)Â
Applicant fails to correct work that does not conform to applicable
regulations in a timely manner;
(g)Â
An evasion or attempt to evade any material provision of this
permit;
(h)Â
The work poses a hazardous situation or constitutes a public
nuisance, public emergency, or other threat to the public health,
safety, or welfare.
(2)Â
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.
A.Â
General requirements.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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.
(7)Â
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.
(8)Â
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.
B.Â
Access permit categories.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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:
(1)Â
Emergency permit applications. The Highway Department shall not charge
an application fee for emergency permit applications.
(2)Â
Minor maintenance. The Highway Department shall not charge an application
fee for minor maintenance work.
(3)Â
Major maintenance. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for major maintenance permit applications.
(4)Â
Agricultural field tile. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for agricultural field tile permit applications.
(5)Â
Modification or new construction. The Highway Department shall charge a fee as set forth in Ch. 205, Fees, for modification or new construction applications.
B.Â
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:
(1)Â
Agricultural access permit. The Highway Department shall not charge
an application fee for this work.
(2)Â
Temporary access permit. The Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
(3)Â
Minimum use access permit. The Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
(4)Â
Minor access permit. The McLean County Highway Department shall charge an application fee as set forth in Ch. 205, Fees, for this work.
(5)Â
Major access permit. The McLean County Highway Department shall charge a standard application fee as set forth in Ch. 205, Fees, for this work.
